Commission Implementing Regulation (EU) 2026/1378 of 23 June 2026 amending Implementing Regulation (EU) 2017/2470 as regards the conditions of use and the specifications of the novel food Jatropha curcas L. (edible variety) kernels
Date: 2026-06-23
Institutions: Directorate-General for Health and Food Safety, European Commission
Subjects: food inspection, food safety, human nutrition, market approval, novel food, tropical plant








L_202601378EN.000101.fmx.xml












Official Journal of the European Union


EN
L series













2026/1378


24.6.2026







            COMMISSION IMPLEMENTING REGULATION (EU) 2026/1378
of 23 June 2026
         
amending Implementing Regulation (EU) 2017/2470 as regards the conditions of use and the specifications of the novel food Jatropha curcas L. (edible variety) kernels
(Text with EEA relevance)


THE EUROPEAN COMMISSION,

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


Having regard 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(1) thereof,

Whereas:







(1)


Regulation (EU) 2015/2283 provides that only novel foods authorised and included in the Union list of novel foods may be placed on the market within the Union.












(2)


Pursuant to Article 8 of Regulation (EU) 2015/2283, Commission Implementing Regulation (EU) 2017/2470 (2) has established a Union list of novel foods.












(3)


The Union list set out in the Annex to Implementing Regulation (EU) 2017/2470 includes Jatropha curcas L. (edible variety) kernels as an authorised novel food.












(4)


Commission Implementing Regulation (EU) 2022/965 (3) authorised the placing on the market of Jatropha curcas L. (edible variety) kernels as a novel food, including data protection and market exclusivity granted to the company JatroSolutions GmbH, subsequently acquired by the company Chuta Nut GmbH in October 2022.












(5)


On 9 May 2023, the company Chuta Nut GmbH (‘the applicant’) submitted an application to the Commission in accordance with Article 10(1) of Regulation (EU) 2015/2283 to change the conditions of use and the specifications of the novel food Jatropha curcas L. (edible variety) kernels. The applicant requested to include two additional forms of the novel food, namely kernels in the form of flour and kernels in the form of paste, both consisting of 100 % ground kernels. The applicant also requested an increase of the maximum use levels of the novel food in the previously authorised food categories from 5 g/100 g to 30 g/100 g. Additionally, the applicant requested a change of the specifications concerning an increase of the fat content range in the final novel food from 54 %-61 % to 54 %-64 %.












(6)


On 9 May 2023, the applicant also made a request to the Commission for the protection of the following proprietary data: production process (4), compositional data (5), nutritional information (6) and toxicological information (7).












(7)


On 19 January 2024, the Commission requested the European Food Safety Authority (‘the Authority’) to provide a scientific opinion on the change of the conditions of use and the specifications of the novel food Jatropha curcas L. (edible variety) kernels.












(8)


On 29 September 2025, the Authority adopted its scientific opinion on the ‘Safety of changes in the conditions of use and the specifications of edible Jatropha curcas L. (Chuta) as a novel food pursuant to Regulation (EU) 2015/2283’ (8) in accordance with Article 11 of Regulation (EU) 2015/2283.












(9)


In its scientific opinion, the Authority concluded that the novel food, Jatropha curcas L. (edible variety) kernels, flour and paste, is safe under the new proposed conditions of use and the specifications.












(10)


In its scientific opinion, the Authority also noted that its conclusion on the safety of the novel food was based on the proprietary data on the production process, compositional data, nutritional information and toxicological information without which it could not have assessed the novel food and reached its conclusion.












(11)


The Commission requested the applicant to further clarify the justification provided with regard to its proprietary claim over those data and studies and to clarify their claim to an exclusive right of reference to them in accordance with Article 26(2), point (b), of Regulation (EU) 2015/2283.












(12)


The applicant declared that they held proprietary and exclusive rights of reference to the relevant studies, at the time they submitted the application, and that third parties cannot lawfully access, use or refer to those data.












(13)


The Commission assessed all the information provided by the applicant and considers that they have sufficiently substantiated the fulfilment of the requirements laid down in Article 26(2) of Regulation (EU) 2015/2283. Therefore, data on the production process, compositional data, nutritional information and toxicological information, should be protected in accordance with Article 27(1) of Regulation (EU) 2015/2283. Accordingly, only the applicant should be authorised to place Jatropha curcas L. (edible variety) kernels under the extended conditions of use on the market within the Union during a period of five years from the entry into force of this Regulation.












(14)


However, such restriction of the authorisation and the reference to the data contained in the applicant’s file for their sole use does not prevent subsequent applicants from applying for an authorisation to place on the market the same novel food provided that their application is based on legally obtained information supporting such an authorisation.












(15)


The previously authorised food category ‘kernels as such, candied or sugar preserved and as processed nuts’ should be revised in order to ensure clarity as regards the foods covered by that category. It is therefore appropriate to define that food category as ‘kernels as such, or processed whole kernels to be consumed as snack (e.g. roasted, candied, salted or similar), including mixes with other nuts, seeds, and/or dried fruits’.












(16)


The Annex to Implementing Regulation (EU) 2017/2470 should therefore be amended accordingly.












(17)


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





HAS ADOPTED THIS REGULATION:



Article 1
The Annex to Implementing Regulation (EU) 2017/2470 is amended in accordance with the Annex to this Regulation.


Article 2
Only the company Chuta Nut GmbH (9) is authorised to place on the market within the Union the novel food Jatropha curcas L. (edible variety) kernels under the extended conditions of use, for a period of 5 years from 14 July 2026, unless a subsequent applicant obtains an authorisation for the novel food without reference to the scientific data protected pursuant to Article 3 or with the agreement of the company Chuta Nut GmbH.


Article 3
The scientific data contained in the application file and fulfilling the conditions laid down in Article 26(2) of Regulation (EU) 2015/2283 shall not be used for the benefit of a subsequent applicant for a period of 5 years from the date of entry into force of this Regulation without the agreement of the company Chuta Nut GmbH.


Article 4
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, 23 June 2026.


For the Commission


The President

Ursula VON DER LEYEN
            





(1)  
            OJ L 327, 11.12.2015, p. 1, ELI: http://data.europa.eu/eli/reg/2015/2283/oj.

(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, ELI: http://data.europa.eu/eli/reg_impl/2017/2470/oj).

(3)  Commission Implementing Regulation (EU) 2022/965 of 21 June 2022 authorising the placing on the market of kernels from the edible variety of Jatropha curcas L. as a novel food and amending Implementing Regulation (EU) 2017/2470 (OJ L 166, 22.6.2022, p. 118, ELI: http://data.europa.eu/eli/reg_impl/2022/965/oj).

(4)  Certificate ‘Verification of Origin’ (Annexes 56–57), Quality management standards and procedures (Annexes 58, 64, 80), Certificates of analysis (Annex 60).

(5)  Certificates of analysis (Annexes 1–7, 9, 11–13, 15, 16, 18–27, 32, 35–37, 39, 62, 73, 74, 76–79), Analytical method (Annexes 65–66), Samples preparation (Annex 75), Analysis on acrylamide content (Annex 80).

(6)  Certificates of analysis (Annexes 28–31).

(7)  Study reports (Annexes 47–54).

(8)  
            EFSA Journal 2025;23:e9706.

(9)  Address: Hans-Lorenser-Str. 20, 89079 Ulm, Germany.




ANNEX
In Table 1 (Authorised novel foods) of the Annex to Implementing Regulation (EU) 2017/2470, the entry for Jatropha curcas L. (edible variety) kernels is replaced by the following:











Authorised novel food


Conditions under which the novel food may be used


Additional specific labelling requirements


Other requirements


Data protection




‘
Jatropha curcas L. (edible variety) kernels




Specified food category




Maximum levels (g/100 g)



The designation of the novel food on the labelling of the foodstuffs containing it shall be “kernels from edible Jatropha curcas L.”


 


Authorised on 12 July 2022. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283.
Applicant: “JatroSolutions GmbH”, Echterdinger Strasse 30, 70599 Stuttgart, Germany.
During the period of data protection, the novel food kernels from the edible variety of Jatropha curcas L. is authorised for placing on the market within the Union only by “JatroSolutions GmbH”, unless a subsequent applicant obtains authorisation for the novel food without reference to the proprietary scientific evidence or scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283 or with the agreement of “JatroSolutions GmbH”.
End date of the data protection: 12 July 2027.




Kernels as such, or processed whole kernels to be consumed as snack (e.g. roasted, candied, salted or similar), including mixes with other nuts, seeds, and/or dried fruits


 




Cereal bars


5




Breakfast cereals


5




Dried fruits


5




Cereal bars


30


The designation of the novel food on the labelling of the foodstuffs containing it shall be “kernels from edible Jatropha curcas L.”


 


Authorised on 14 July 2026. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283.
Applicant: Chuta Nut GmbH, Hans-Lorenser-Str. 20, 89079 Ulm, Germany.
During the period of data protection, the novel food Jatropha curcas L. (edible variety) kernels, under the extended conditions of use, is authorised for placing on the market within the Union only by Chuta Nut GmbH, unless a subsequent applicant obtains authorisation for the novel food without reference to the proprietary scientific evidence or scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283 or with the agreement of Chuta Nut GmbH.
End date of the data protection: 14 July 2031.’




Breakfast cereals


30




Dried fruits


30




Nuts/seeds paste/emulsion


 




Dried nuts/seeds flour/powder


 





In Table 2 (Specifications) of the Annex to Implementing Regulation (EU) 2017/2470, the entry for Jatropha curcas L. (edible variety) kernels is replaced by the following:









Authorised Novel Food


Specifications




‘
Jatropha curcas L. (edible variety) kernels




Description:

The kernels are obtained from the seeds of the ripe fruits of the edible variety of the Jatropha curcas L. plants that produce kernels with non-detectable levels of phorbol esters, following a series of steps involving the cleaning and de-husking of the fruits to obtain the seeds, the drying of the seeds, the cleaning of the seeds to remove debris and other residues, mechanical deshelling of the seeds to obtain the kernels, and the hydrothermal treatment (> 120 °C for 40 minutes) of the kernels to reduce anti-nutrients and the microbiological load.
As the edible variety of the Jatropha curcas L. plants, producing kernels that contain non-detectable levels of phorbol esters, are phenotypically undistinguishable from the non-edible variety, only the appropriate edible variety of Jatropha curcas L. plants should be used in the production of the novel food. The entire production process must ensure that the mixing of edible and non-edible kernels does not occur.
The absence of mixing of edible with non-edible kernels shall be confirmed by analytical controls for phorbol esters carried on each batch of the seeds after the seed-drying step and before the deshelling step according to the sampling procedure of Table A. Five laboratory samples extracted from each aggregate sample are de-shelled, ground, and analysed for phorbol esters using a validated UHPLC-UV-MS (b) method. Only the batches in which phorbol esters are undetectable in all five samples are further processed to the seed deshelling and kernel hydrothermal treatment steps.

Table A





Batch weight (tons)


Weight or number of sublots


Number of incremental samples




≥ 500


100 tons


100




> 100 and < 500


5 sub-lots


100




> 10 and ≤ 100


5 sub-lots


100




> 5,0 and ≤ 10


—


80




> 1 and ≤ 5,0


—


60




> 0,1 and ≤ 1,0


—


30




≤ 0,1


—


10




Each sub-lot shall be sampled separately. Aggregate samples are composed by a minimum of 10 incremental samples. The minimum amount of an aggregate sample shall be 3,5 kg. This amount may increase proportionally according to the number of incremental samples taken.

Characteristics/Composition:

Moisture: ≤ 3 %
Total fat: 54-64 %
Total protein: 21-32 %
Total fibre: 6-10 %
Ash: 3-5 %

Contaminants:

Phorbol esters (μg TPA eq (a)/g kernel) (b): ≤ 0,75 (LOD) (c)
Lead: ≤ 0,20 mg/kg
Cadmium: ≤ 0,20 mg/kg
Sum of aflatoxins B1, B2, G1, G2: ≤ 4,0 μg/kg

Microbiological criteria:

Total aerobic microbial count: ≤ 1 000  CFU/g
Total yeast/moulds count: ≤ 100 CFU/g
Enterobacteriaceae: ≤ 10 CFU/g

Salmonella sp.: Absent in 25 g

Listeria monocytogenes: ≤ 100 CFU/g




 


(a) TPAeq:12-O-tetradecanoylphorbol-13-acetate equivalent; (b) Validated Ultra-High-Performance Liquid Chromatography coupled to Ultraviolet Spectrophotometry and Mass Spectrometry (UHPLC-UV-MS) method for detection of phorbol ester peaks; (c) Limit of Detection (Only batches with concentrations of PEs below the LOD can be fully processed.); CFU: Colony Forming Units.’








ELI: http://data.europa.eu/eli/reg_impl/2026/1378/oj
ISSN 1977-0677 (electronic edition)