EN    EN EN 
 EN    EN  COMMISSION OF THE E UROPEAN COMMUNITIES 
Brussels, 
C(2009) final 
Draft 
COMMISSION REGULATION 
of 
amending Regulation (EC) No 1924/2006 of the European Parliament and of the Council 
with regard to the list of nutrition claims 
(Text with EEA relevance) EN 2   EN Draft 
COMMISSION REGULATION 
of 
amending Regulation (EC) No 1924/2006 of the European Parliament and of the Council 
with regard to the list of nutrition claims 
(Text with EEA relevance) 
THE COMMISSION OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty esta blishing the European Community, 
Having regard to Regulation (EC) No 1924/2006 of the European Parliament and of the 
Council of 20 December 2006 on nutrition and health claims made on foods1, and in 
particular Article 8(2) thereof, 
Whereas: (1) Article 8(1) of Regulation (EC) No 1924/2006 states that nutrition claims made on 
foods shall be only permitted if they are listed  in its Annex, which sets out also their 
conditions of use. 
(2) Regulation (EC) No 1924/2006 also  provides that amendments to that Annex shall be 
adopted where appropriate, after consultin g the European Food Safety Authority 
(EFSA), hereinafter referred to as the Authority. 
(3) Prior to the adoption of Regulation (E C) No 1924/2006, the Commission asked the 
opinion of the Authority on nutrition claims and their conditions of use concerning 
omega-3 fatty acids, monounsaturated fat, polyunsaturated fat and unsaturated fat. 
(4) In its opinion adopted on 6 July 2005
2, the Authority conclude s that omega-3 fatty 
acids, monounsaturated fat, polyunsaturated fat and unsatur ated fat have important 
roles in the diet. Some unsaturated fats such as omega-3 fatty acids are sometimes consumed at a level lower than recommended. Therefore, nutrition claims identifying 
foods being source of these nutrients, or being rich in these nutrients could help 
consumers to make healthier choices. However, those nutrition claims were not 
included in the list established in th e Annex to Regulation (EC) No 1924/2006, as 
adopted by the European Parliament and the Council, as their conditions of use could 
not yet be clearly defined. 
(5) Those conditions of use having been clarif ied, taking also into account an opinion of 
the Authority on labelling reference intake values for omega-3 and omega-6 fatty acids 
adopted on 30 June 2009
3, it is, therefore, advisable to include the claims concerned in 
the list.  
                                                 
1 OJ L 404, 30.12.2006, p. 9. 
2 The EFSA journal (2005) 253, 1-29. 
3 The EFSA journal (2009) 1176, 1-11. EN 3   EN (6) Concerning the claims "Source of omega-3 fatty acids" and "High in omega-3 fatty 
acids", the conditions of use should disti nguish between the two types of omega-3 
fatty acids, which have different physiologi cal roles and for which different levels of 
consumption are recommended. Furthermore, those conditions of use should establish 
a minimum quantity requested per 100g and 100kcal  of product in orde r to ensure that 
only foods providing a significant amount of omega-3 fatty acids at their level of 
consumption can bear those claims. 
(7) Concerning the claims "High in monounsaturat ed fat", "High in po lyunsaturated fat" 
and "High in unsaturated fat", the conditions of us e should require a minimum 
unsaturated fat content in the food, and, cons equently, ensure that the claimed amount 
always correspond to a significant amount at their level of consumption attainable 
through a balanced diet. 
(8) The measures provided for in this Regulati on are in accordance with the opinion of the 
Standing Committee on the Food Chain and Animal Health, 
HAS ADOPTED THIS REGULATION: 
Article 1 
The Annex to Regulation (EC) No 1924/2006 is am ended as set out in the Annex to this 
Regulation. 
Article 2 
This Regulation shall enter into force on the twentieth day following 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,  
 For the Commission 
 Androulla VASSILIOU  Member of the Commission EN 4   EN ANNEX  
In the Annex to Regulation No 1924/ 2006, the following text is added: 
"SOURCE OF OMEGA-3 FATTY ACIDS A claim that a food is a source of omega-3 fatty acids, and any claim likely to have the same 
meaning for the consumer, may only be made wh ere the product contains at least 0,3g alpha-
linolenic acid per 100g and per 100kcal, or at least 40mg of the sum eicosapentaenoic acid 
and docosahexaenoic acid per 100g and per 100kcal. 
HIGH OMEGA-3 FATTY ACIDS A claim that a food is high in omega-3 fatty acids, and any cl aim likely to have the same 
meaning for the consumer, may only be made wh ere the product contains at least 0,6g alpha-
linolenic acid per 100g and per 100kcal, or at least 80mg of the sum eicosapentaenoic acid 
and docosahexaenoic acid per 100g and per 100kcal. 
HIGH MONO UNSATURATED FAT A claim that a food is high in monounsaturated fat, and any cl aim likely to have the same 
meaning for the consumer, may only be made wher e at least 45% of the fatty acids present in 
the product derive from monounsaturated fat under the condition that monounsaturated fat 
provides more than 20% of  energy of the product. 
HIGH POLY UNSATURATED FAT A claim that a food is high in polyunsaturated fat, and any claim likely to have the same 
meaning for the consumer, may only be made wher e at least 45% of the fatty acids present in 
the product derive from polyunsaturated fa t under the condition that polyunsaturated fat 
provides more than 20% of  energy of the product. 
HIGH UNSATURATED FAT A claim that a food is high in un saturated fat, and any claim lik ely to have the same meaning 
for the consumer may only be made where at least 70% of the fatty acids present in the 
product derive from unsaturated fat under the condition that unsaturated fat provides more 
than 20% of energy of the product. "