ELI: http://data.europa.eu/eli/reg_impl/2023/2852/oj 1/2COMMISSION IMPLEMENTING REGUL ATION (EU) 2023/2852 
of 20 December 2023
correcting Implementing Regulation (EU) 2023/1581 amending Implementing Regulation 
(EU) 2017/2470 as regards the conditions of use of the novel food ‘astaxanthin-r ich oleoresin from 
Haematococcus pluvialis algae’ 
(Text with EEA relevance) 
THE EUR OPEAN COMMISSION,
Havi ng regar d to the Treaty on the Functioning of the European Union,
Havi ng regar d to Regulation (EU) 2015/2283 of the European Parliament and of the Council of 25 November 2015 on 
novel foods, amending Regulation (EU) No 1169/2011 of the European Parliament and of the Council and repealing 
Regulation (EC) No 258/97 of the European Parliament and of the Council and Commission Regulation (EC) 
No 1852/2001 (1), and in particular Article 12 thereof,
Whereas:
(1) Regulation (EU) 2015/2283 provides that only novel foods author ised and included in the Union list of novel foods 
may be placed on the mark et within the Union.
(2) Pursuant to Article 8 of Regulation (EU) 2015/2283, Commission Imple menting Regulation (EU) 2017/2470 (2)has 
established a Union list of novel foods.
(3) The Union list set out in the Annex to Imple menting Regulation (EU) 2017/2470 includes ‘astaxanthin-r ich 
oleoresin from Haematococcus pluvialis algae’ as an author ised novel food.
(4) The novel food ‘astaxanthin-r ich oleoresin from Haematococcus pluvialis algae’ has been author ised in accordance with 
Article 5 of Regulation (EC) No 258/97 of the European Parliament and of the Council (3)for use in food 
supplements as defined in Directive 2002/46/EC of the European Parliament and of the Council (4)intended for the 
general population.
(5) Commission Implementing Regulation (EU) 2023/1581 (5)has laid down additional labelling requirements in order 
to prevent concomitant consum ption of food supplements containing ≤ 8,0 mg of astaxanthin.
(6) The Commission has identified an error in Implementing Regulation (EU) 2023/1581 with regard to the transitional 
measures. A transitional period in Implementing Regulation (EU) 2023/1581 for products compl ying with the 
requirements of Commission Implementing Regulation (EU) 2021/1377 (6)before the date of entr y into force of 
Regulation (EU) 2023/1581 was erroneously draf ted. A correction is needed in order to provide clarity and legal 
certainty to food business operat ors and to the Member State s’ compet ent author ities, thus providing for the 
mark eting of those novel foods complying with the previous labelling requirements. In order to avoid uncer tainty 
about negat ive consequences for the concer ned food business operat ors, this correction should enter into force 
immediately and be applicable retroactively , from the entr y into force of the Regulation (EU) 2023/1581.
(1)OJ L 327, 11.12.2015, p. 1.
(2)Commission Implementing Regulation (EU) 2017/2470 of 20 December 2017 establishing the Union list of novel foods in accordance 
with Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foods (OJ L 351, 30.12.2017, p. 72).
(3)Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 Januar y 1997 concer ning novel foods and novel food 
ingredients (OJ L 43, 14.2.1997, p. 1).
(4)Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the appro ximation of the laws of the 
Member States relating to food supplements (OJ L 183, 12.7.2002, p. 51).
(5)Commission Implementing Regulation (EU) 2023/1581 of 1 August 2023 amending Implementing Regulation (EU) 2017/2470 as 
regar ds the conditions of use of the novel food ‘astaxanthin-r ich oleoresin from Haematococcus pluvialis algae’ (OJ L 194, 2.8.2023, 
p. 4).
(6)Commission Implementing Regulation (EU) 2021/1377 of 19 August 2021 author ising the chang e of the conditions of use of the 
novel food astaxanthin-r ich oleoresin from Haemato coccus pluvialis alga e under Regulation (EU) 2015/2283 of the European 
Parliament and of the Council and amending Commission Implementing Regulation (EU) 2017/2470 (OJ L 297, 20.8.2021, p. 20).
Offi cial Jour nal  
of the European Union EN 
L series    
2023/2852  21.12.2023ELI: http://data.europa.eu/eli/reg_impl/2023/2852/oj 2/2(7) Implementing Regulation (EU) 2023/1518 should theref ore be corrected according ly.
(8) The measures provid ed for in this Regulation are in accordance with the opinion of the Standing Committ ee on 
Plants, Animals, Food and Feed,
HAS ADOPTED THIS REGUL ATION:
Article 1
Article 2 of Imp lementing Regulation (EU) 2023/1581 is replaced by the follo wing:
‘Article 2
Food supplements containing ≤ 8,0 mg astaxanthin intended for the general population older than 14 years of age, 
compl ying with the requirements of Implementing Regulation (EU) 2021/1377 may continue to be placed on the mark et 
until 1 Febr uary 2024 and may be mark eted until their date of minimum durability or use by date.’
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
It shall apply from 21 August 2023 .
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 December 2023 .
For the Commission
The President
Ursula VON DER LEYENOJ L, 21.12.2023 EN