II
(Non-legislative acts)
REGUL ATIONS
COMMISSION IMPLEMENTING REGUL ATION (EU) 2023/937 
of 10 May 2023
correcting Implementing Regulation (EU) 2017/2470 as regards the inclusion of ‘Phosphated distarch 
phosphate produced from wheat starch’ in the Union list of novel foods 
(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 8 thereof,
After consulting the Standing Committee on Plants, Animals, Food and Feed,
Whereas:
(1) Pursuant to Article 8 of Regulation (EU) 2015/2283, the Commission was to establish, by 1 Januar y 2018 , the 
Union list of novel foods author ised or notified under Regulation (EC) No 258/97 of the European Parliament and 
of the Council (2).
(2) The Union list of novel foods author ised or notified under Regulation (EC) No 258/97 was established by 
Commission Implementing Regulation (EU) 2017/2470 (3).
(3) The Commission has identif ied an error in the Annex to Implementing Regulation (EU) 2017/2470. A correction is 
needed in order to provide clarity and legal certainty to food business operat ors and to the Member States’ 
compet ent author ities, thus providin g for the proper implementation and use of the Union list of novel foods.
(4) The novel food ‘Phosphat ed distarc h phosphate produced from wheat starch’ (phosphate d wheat starch) was 
author ised under certain conditions of use by the United Kingdom compet ent author ity in May 2014 in accordance 
with Regulation (EC) No 258/97. The novel food was erroneously not included in the Union list when the initial list 
was established. It is theref ore appropr iate that ‘Phosphate d distarch phosphat e produced from wheat starc h’ is 
added to the Union list of novel foods.
(5) Implementing Regulation (EU) 2017/2470 should theref ore be corrected according ly,
(1)OJ L 327, 11.12.2015, p. 1.
(2)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).
(3)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).EN Offi cial Jour nal of the European Union L 125/12 11.5.2023  HAS ADOPTED THIS REGUL ATION:
Article 1
The Annex to Implementing Regulation (EU) 2017/2470 is corrected in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the twentieth day followi ng that of its publication in the Official Journal of the 
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 May 2023 .
For the Commission
The President
Ursula VON DER LEYENEN Offi cial Jour nal of the European Union 11.5.2023 L 125/13  ANNEX 
The Annex to Implementing Regulation (EU) 2017/2470 is corrected as follows:
(a) in Table 1 (Auth orised novel foods), the following entr y is inser ted between the entr y for ‘Phosphated maize starch ’ and the entr y for ‘Phosphatidylser ine from fish phospholipids’:
‘Phosphated wheat starch Specif ied food categor y Maximum levels The designation of the novel food on the labelling 
of the foodstuffs containing it shall be 
“Phosphated wheat starc h”.’Baked baker y products 15%
Pasta
Breakfast cereals
Cereal bars
(b) in Table 2 (Specifi cations), the follo wing entr y is inser ted between the entr y for ‘Phosphated maize starc h’ and the entr y for ‘Phosphatidylser ine from fish phospholipids ’:
‘Phosphated wheat starch Descr iption:
Phosphated distarc h phosphat e produced from wheat starch (phosphate d wheat starc h) is a chemically modified resistant starch derived 
from wheat starc h by combining chemical treatments to creat e phosphat e cross-link s within and between individual starch molecules.
The novel food ingredient is a whit e or near whit e free flowing powder .
Character istic/Composition:
CAS No: 11120-02-8
Chemical formula: (C6H10O5)n [(C 6H9O5)2PO 2H] x [(C 6H9O5)PO 3H2]y
n = number of glucose units; x, y = degrees of substitution
Parameter Powder form 1 Powder form 2
Phosphated Distarc h Phosphat e (Dry basis) ≥ 85% ≥ 75%
Unmodified Wheat Starc h (Dry basis) ≤ 15% ≤ 25%
Moisture 9-12%
Total dietar y fibre (dry matte r basis) ≥ 76,0 % ≥ 66,0 %
Ash ≤ 3%
Protein ≤ 0,5 %EN Offi cial Jour nal of the European Union L 125/14 11.5.2023  Total fat ≤ 0,50 % ≤ 0,34 %
Residual bound phosphor us ≤ 0,4 % (as phosphor us)
pH (25 % slurry) 4,5 – 6,5
Heavy metal s:
Arsenic: ≤ 1mg/kg
Lead: ≤ 2mg/kg
Mercur y: ≤ 0,1 mg/kg
Microbiological criter ia:
Total viable aerobic counts: ≤ 104 CFU/g
Total yeast and mould count : ≤ 200 CFU/g
Escher ichia coli: Negative to test
Salmonella spp.: Neg ative to test
CFU: Colony Forming Units’EN Offi cial Jour nal of the European Union 11.5.2023 L 125/15