EN Official Journal of the European Union L 70/27

COMMISSION IMPLEMENTING DECISION (EU) 2016/376

of 11 March 2016

authorising the placing on the market of 2′-O-fucosyllactose as a novel food ingredient under Regulation (EC) No 258/97 of the European Parliament and of the Council

(notified under document C(2016) 1423)

(Only the Danish text is authentic)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredients (1), and in particular Article 7 thereof,

Whereas:

(1) On 23 June 2014, the company Glycom A/S made a request to the competent authorities of Ireland to place 2′-O-fucosyllactose on the market as a novel food ingredient.

(2) On 3 October 2014, the competent food assessment body of Ireland issued its initial assessment report. In that report, it came to the conclusion that 2′-O-fucosyllactose meets the criteria for novel food set out in Article 3(1) of Regulation (EC) No 258/97.

(3) On 9 October 2014, the Commission forwarded the initial assessment report to the other Member States.

(4) Reasoned objections were raised within the 60-day period laid down in the first subparagraph of Article 6(4) of Regulation (EC) No 258/97.

(5) On 22 December 2014, the Commission consulted the European Food Safety Authority (EFSA) asking it to carry out an assessment for 2′-O-fucosyllactose as a novel food ingredient in accordance with Regulation (EC) No 258/97.

(6) On 29 June 2015, EFSA in its ‘Scientific Opinion on the safety of 2′-O-fucosyllactose as a novel food ingredient pursuant to Regulation (EC) No 258/97’ (2), concluded that 2′-O-fucosyllactose is safe for the proposed uses and use levels.

(7) On 5 October 2015, the applicant sent a letter to the Commission and provided additional information to support the use and approval of 2′-O-fucosyllactose and lacto-N-neotetraose in food supplements for general population (excluding infants) under Regulation (EC) No 258/97.

(8) On 14 October 2015, the Commission consulted EFSA asking it to carry out an assessment of the safety of these novel foods in food supplements also for children (excluding infants).

(9) On 28 October 2015, EFSA in its ‘Statement on the safety of lacto-N-neotetraose and 2′-O-fucosyllactose as novel food ingredients in food supplements for children’ (3), concluded that 2′-O-fucosyllactose is safe for the proposed uses and use levels.

(10) Commission Directive 96/8/EC (4) lays down requirements on foods intended for use in energy-restricted diets for weight reduction. Commission Directive 1999/21/EC (5) lays down requirements for dietary foods for special medical purposes. Directive 2002/46/EC of the European Parliament and of the Council (6) lays down requirements on food supplements. Commission Directive 2006/125/EC (7) lays down requirements for processed cereal-based foods and baby foods for infants and young children. Commission Directive 2006/141/EC (8) lays down requirements for infant formulae and follow-on formulae. Regulation (EC) No 1925/2006 of the European Parliament and of the Council (9) lays down requirements on the addition of vitamins and minerals and of certain other substances to foods. Commission Regulation (EC) No 41/2009 (10) lays down requirements for the composition and labelling of foodstuffs suitable for people intolerant to gluten. Commission Implementing Regulation (EU) No 828/2014 (11) lays down the requirements for the provision of information to consumers on the absence or reduced presence of gluten in food. The use of 2′-O-fucosyllactose should be authorised without prejudice to the requirements of those legislations

(11) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

HAS ADOPTED THIS DECISION:

Article 1

2′-O-Fucosyllactose as specified in Annex I may be placed on the market in the Union as a novel food ingredient for the uses defined and at the maximum levels established in Annex II without prejudice to the specific provisions of Directives 96/8/EC, 1999/21/EC, 2002/46/EC, 2006/125/EC, 2006/141/EC and Regulations (EC) No 1925/2006, (EC) No 41/2009 and Implementing Regulation (EU) No 828/2014

Article 2

1. The designation of 2′-O-fucosyllactose authorised by this Decision on the labelling of the foodstuffs containing it shall be ‘2′-O-fucosyllactose’.

2. Information shall be given to the consumer that food supplements containing 2′-O-fucosyllactose should not be used if other foods with added 2′-O-fucosyllactose are consumed the same day.

3. Information shall be given to the consumer that food supplements containing 2′-O-fucosyllactose intended for young children should not be used if breast milk or other foods with added 2′-O-fucosyllactose are consumed the same day.

Article 3

This Decision is addressed to Glycom A/S, Diplomvej 373, 2800 Kgs. Lyngby, Denmark.

Done at Brussels, 11 March 2016. For the Commission Vytenis ANDRIUKAITIS Member of the Commission

(1) OJ L 43, 14.2.1997, p. 1.

(2) EFSA Journal 2015; 13(7):4184.

(3) EFSA Journal 2015;13(11):4299.

(4) Commission Directive 96/8/EC of 26 February 1996 on foods intended for use in energy-restricted diets for weight reduction (OJ L 55, 6.3.1996, p. 22).

(5) Commission Directive 1999/21/EC of 25 March 1999 on dietary foods for special medical purposes (OJ L 91, 7.4.1999, p. 29).

(6) Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements (OJ L 183, 12.7.2002, p. 51).

(7) Commission Directive 2006/125/EC of 5 December 2006 on processed cereal-based foods and baby foods for infants and young children (OJ L 339, 6.12.2006, p. 16).

(8) Commission Directive 2006/141/EC of 22 December 2006 on infant formulae and follow-on formulae and amending Directive 1999/21/EC (OJ L 401, 30.12.2006, p. 1).

(9) Regulation (EC) No 1925/2006 of the European Parliament and of the Council of 20 December 2006 on the addition of vitamins and minerals and of certain other substances to foods (OJ L 404, 30.12.2006, p. 26).

(10) Commission Regulation (EC) No 41/2009 of 20 January 2009 concerning the composition and labelling of foodstuffs suitable for people intolerant to gluten (OJ L 16, 21.1.2009, p. 3).

(11) Commission Implementing Regulation (EU) No 828/2014 of 30 July 2014 on the requirements for the provision of information to consumers on the absence or reduced presence of gluten in food (OJ L 228, 31.7.2014, p. 5).

ANNEX I SPECIFICATION OF 2′-O-FUCOSYLLACTOSE Definition: Chemical name α-l-Fucopyranosyl-(1→2)-β-d-galactopyranosyl-(1→4)-d-glucopyranose Chemical formula C18H32O15 Molecular weight 488,44 g/mol CAS No 41263-94-9 Description: 2′-O-fucosyllactose is a white to off-white powder. Purity: Test Specification Assay Not less than 95 % D-Lactose Not more than 1,0 w/w % L-Fucose Not more than 1,0 w/w % Difucosyl-d-lactose isomers Not more than 1,0 w/w % 2′-Fucosyl-d-lactulose Not more than 0,6 w/w % pH (20 °C, 5 % solution) 3,2-7,0 Water (%) Not more than 9,0 % Ash, sulphated Not more than 0,2 % Acetic acid Not more than 0,3 % Residual solvents (methanol, 2-propanol, methyl acetate, acetone) Not more than 50 mg/kg singly Not more than 200 mg/kg in combination Residual proteins Not more than 0,01 % Palladium Not more than 0,1 mg/kg Nickel Not more than 3,0 mg/kg Microbiological criteria: Aerobic mesophilic bacteria total count Not more than 500 CFU/g Yeasts Not more than 10 CFU/g Moulds Not more than 10 CFU/g Residual endotoxins Not more than 10 EU/mg