Commission Implementing Regulation (EU) 2026/1749 of 20 July 2026 amending Implementing Regulation (EU) 2017/2470 as regards the conditions of use of the novel food galacto-oligosaccharide
Date: 2026-07-20
Institutions: Directorate-General for Health and Food Safety, European Commission
Subjects: food inspection, food safety, food supplement, human nutrition, market approval, novel food








L_202601749EN.000101.fmx.xml












Official Journal of the European Union


EN
L series













2026/1749


21.7.2026







            COMMISSION IMPLEMENTING REGULATION (EU) 2026/1749
of 20 July 2026
         
amending Implementing Regulation (EU) 2017/2470 as regards the conditions of use of the novel food galacto-oligosaccharide
(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 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 galacto-oligosaccharide as an authorised novel food.












(4)


Pursuant to Article 5 of Regulation (EC) No 258/97 of the European Parliament and of the Council (3), galacto-oligosaccharide was authorised to be placed on the market as a novel food to be used in a number of foods, including infant formula and follow-on formula as defined in Regulation (EU) No 609/2013 of the European Parliament and of the Council (4).












(5)


Commission Implementing Regulation (EU) 2021/900 (5) amended the conditions of use of the novel food galacto-oligosaccharide. In particular, the maximum use level of the novel food galacto-oligosaccharide in food supplements as defined in Directive 2002/46/EC of the European Parliament and of the Council (6) was increased from 0,333 kg galacto-oligosaccharide/kg food supplement (33,3 %) to 0,450 kg galacto-oligosaccharide/kg food supplement (45,0 %), for the general population, excluding infants and young children.












(6)


Commission Implementing Regulation (EU) 2022/684 (7) amended the conditions of use of the novel food galacto-oligosaccharide. In particular, the use of galacto-oligosaccharide was extended to additional foods, namely, dairy confectionary, cheese and processed cheese, butter and spreadable fats.












(7)


Commission Implementing Regulation (EU) 2022/1381 (8) amended the conditions of use of the novel food galacto-oligosaccharide. In particular, the use of galacto-oligosaccharide was extended to foods for special medical purposes as defined by Regulation (EU) No 609/2013, intended for the general population, excluding infants and young children.












(8)


Council Directive 2001/112/EC (9) defines fruit juices and certain similar products intended for human consumption. Council Directive 2001/113/EC (10) defines fruit jams, jellies and marmalades and sweetened chestnut purée intended for human consumption. Those Directives lay down specific provisions regarding the designation and compositional requirements of the products within their scope. Only certain designations for fruit juices and similar products, fruit jams, jellies and marmalades and sweetened chestnut purée and only certain ingredients and substances authorised by those Directives may be used for those food categories. While the Union list of novel foods applies without prejudice to other provisions laid down in sector specific legislation, certain food categories for which the conditions of use of galacto-oligosaccharide are authorised, do not entirely correspond to the similar products defined in Directives 2001/112/EC and 2001/113/EC. To ensure regulatory consistency and clarity, it is appropriate that the conditions of use of galacto-oligosaccharide and the designation of the food categories in which it is to be used should be amended to allow a distinction between them and the categories referred to in Directives 2001/112/EC and 2001/113/EC.












(9)


The use of ‘galacto-oligosaccharide’ for the food category ‘fruit drinks except products defined in Part I of Annex I to Directive 2001/112/EC and energy drinks’, is currently authorised at a maximum level of 0,021 kg galacto-oligosaccharide/kg final food. Since this category encompasses two types of products that are not functionally equivalent for the purposes of this authorisation, it is appropriate in the interest of clarity, to distinguish between them. Therefore, the category should be divided into two categories: ‘fruit drinks except products defined in Part I of Annex I to Directive 2001/112/EC’ on the one hand, and ‘energy drinks’ on the other hand.












(10)


Pursuant to Regulation (EU) No 1308/2013 of the European Parliament and of the Council (11), the term ‘milk’ and designations reserved for milk products may only be used for products complying with the definitions laid down in that Regulation. In order to ensure consistency with those definitions and to avoid any potential misinterpretation as to the nature and composition of the products concerned, it is appropriate to replace the term ‘milk drinks’ with ‘milk-based drinks’ in the Annex to Implementing Regulation (EU) 2017/2470.












(11)


Among the conditions of use of ‘galacto-oligosaccharide’, the food categories dairy-based desserts’ and ‘frozen dairy desserts’, are authorised as separate categories at the same maximum levels of 0,043 kg galacto-oligosaccharide/kg final food. Considering that those categories are technologically and functionally equivalent for the purposes of this authorisation, it is appropriate in the interest of simplification and clarity, to merge them into the single category of ‘dairy-based desserts’.












(12)


Among the conditions of use of ‘galacto-oligosaccharide’, the food categories ‘bars’ and ‘cereals’ are authorised as separate categories at the same maximum levels of 0,125 kg galacto-oligosaccharide/kg final food. In order to ensure clarity and given that these categories cover similar products for the purposes of the authorisation, it is appropriate to merge those categories into the following single category: ‘processed and breakfast cereals, including cereal bars’.












(13)


Among the conditions of use of ‘galacto-oligosaccharide’, the food categories ‘baby juice’, ‘baby yogurt drink’, ‘baby dessert’, ‘baby snack’, ‘baby cereals’, and infant meal replacement drinks are authorised as separate categories. Given that those categories fall within the broader regulatory framework of processed cereal-based foods and baby foods for infants and young children, as defined in Regulation (EU) No 609/2013, it is appropriate, in the interest of regulatory consistency and clarity to reflect that in the Union list of authorised novel foods.












(14)


On 21 March 2025, the company FrieslandCampina Ingredients (‘the applicant’) submitted an application to the Commission in accordance with Article 10(1) of Regulation (EU) 2015/2283 for a change of the conditions of use of the novel food galacto-oligosaccharide. The applicant requested to extend the use of galacto-oligosaccharide to syrups and powdered drink bases for the preparation of flavoured drinks; chocolate confectionery, and chocolate-coated confectionery; other confectionery products, including chewing gum but excluding dairy, chocolate and chocolate-coated confectionery; beverages, such as cola type drinks and flavoured drinks; fruit or vegetable juice concentrates except products defined in Part I of Annex I to Directive 2001/112/EC; whey based powder; protein products, excluding dairy analogues; coffee-based drinks; flavoured milk-based drinks; powder cocoa beverage preparations; cocoa-based beverages; and liquid drink bases, including concentrates and home-made preparations, all of which are intended for the general population.












(15)


In accordance with Article 10(3) of Regulation (EU) 2015/2283, the Commission consulted the European Food Safety Authority (‘the Authority’) on 18 July 2025, requesting it to provide a scientific opinion on the proposed extension of use of the novel food galacto-oligosaccharide.












(16)


On 19 November 2025, the Authority adopted its scientific opinion on the ‘Safety of the extension of use of galacto-oligosaccharides as a novel food pursuant to Regulation (EU) 2015/2283’ (12) in accordance with Article 11 of Regulation (EU) 2015/2283.












(17)


In its scientific opinion, the Authority concluded that the novel food is safe under the proposed conditions of use, and therefore it is appropriate to amend the conditions of use of galacto-oligosaccharide.












(18)


The information provided in the application and the opinion of the Authority give sufficient grounds to establish that the changes to the conditions of use of the novel food are in accordance with the conditions of Article 12 of Regulation (EU) 2015/2283 and should be approved.












(19)


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












(20)


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
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, 20 July 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)  Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel foods ingredients (OJ L 43, 14.2.1997, p. 1, ELI: http://data.europa.eu/eli/reg/1997/258/oj).

(4)  Regulation (EU) No 609/2013 of the European Parliament and of the Council of 12 June 2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009 (OJ L 181, 29.6.2013, p. 35, ELI: http://data.europa.eu/eli/reg/2013/609/oj).

(5)  Commission Implementing Regulation (EU) 2021/900 of 3 June 2021 authorising a change of the conditions of use of the novel food ‘galacto-oligosaccharide’ under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Commission Implementing Regulation (EU) 2017/2470 (OJ L 197, 4.6.2021, p. 71, ELI: http://data.europa.eu/eli/reg_impl/2021/900/oj).

(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, ELI: http://data.europa.eu/eli/dir/2002/46/oj).

(7)  Commission Implementing Regulation (EU) 2022/684 of 28 April 2022 amending Implementing Regulation (EU) 2017/2470 as regards the conditions of use of the novel food galacto-oligosaccharide (OJ L 126, 29.4.2022, p. 10, ELI: http://data.europa.eu/eli/reg_impl/2022/684/oj).

(8)  Commission Implementing Regulation (EU) 2022/1381 of 8 August 2022 amending Implementing Regulation (EU) 2017/2470 as regards the conditions of use of the novel food galacto-oligosaccharide. (OJ L 207, 9.8.2022, p. 12, ELI: http://data.europa.eu/eli/reg_impl/2022/1381/oj).

(9)  Council Directive 2001/112/EC of 20 December 2001 relating to fruit juices and certain similar products intended for human consumption (OJ L 10, 12.1.2002, p. 58, ELI: http://data.europa.eu/eli/dir/2001/112/oj).

(10)  Council Directive 2001/113/EC of 20 December 2001 relating to fruit jams, jellies and marmalades and sweetened chestnut purée intended for human consumption (OJ L 10, 12.1.2002, p. 67, ELI: http://data.europa.eu/eli/dir/2001/113/oj).

(11)  Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671, ELI: http://data.europa.eu/eli/reg/2013/1308/oj).

(12)  
            EFSA Journal 2025;23:e9797 https://doi.org/10.2903/j.efsa.2025.9797.




ANNEX
In Table 1 (Authorised novel foods) of the Annex to Implementing Regulation (EU) 2017/2470, the entry for ‘galacto-oligosaccharide’ 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




 



Specified food category




Maximum levels (expressed as ratio kg galacto-oligosaccharide/kg or L final food unless expressed as maximum per day)



 


 


 




‘Galacto-oligosaccharide



Food supplements as defined in Directive 2002/46/EC


0,333


 


 


 




Food supplements as defined in Directive 2002/46/EC, excluding infants and young children


0,450 (corresponding to 5,4 g galacto-oligosaccharide/serving; maximum 3 servings/day up to a maximum of 16,2 g/day)




Foods for special medical purposes as defined in Regulation (EU) No 609/2013, excluding infants and young children


In accordance with the particular nutritional requirements of the persons for whom the products are intended but not more than 0,128 (corresponding to a maximum of 8,25 g galacto-oligosaccharide/day)




Milk


0,020




Milk-based drinks


0,030




Flavoured milk-based drinks


0,025




Dairy analogue drinks


0,020




Yoghurt


0,033




Dairy-based desserts


0,043




Fruit drinks except products defined in Part I of Annex I to Directive 2001/112/EC


0,021




Meal replacement for weight control (as drinks)


0,020




Processed cereal-based foods and baby foods for infants and young children as defined by Regulation (EU) No 609/2013


Juice: 0,025
Yogurt drink: 0,024
Dessert: 0,027
Snack: 0,143
Cereals: 0,027




Food intended for infants and young children, food for special medical purposes as defined by Regulation (EU) No 609/2013


“infant meal as drink” or “infant meal”: 0,012




Energy drinks


0,021




Drinks intended to meet the expenditure of intense muscular effort especially for sportsmen


0,013




Fruit pie filling


0,059




Fruit preparations, except products defined in Part I of Annex I to Directive 2001/112/EC and in Part I of Annex I to Directive 2001/113/EC


0,125




Fruit or vegetable juice concentrate except products defined in Part I of Annex I to Directive 2001/112/EC


0,02




Processed and breakfast cereals, including cereal bars


0,125




Infant formula and follow-on formula as defined in Regulation (EU) No 609/2013


0,008




Cheese and processed cheese


0,1




Butter and spreadable fats


0,1




Syrups and powdered drink bases for the preparation of flavoured drinks, and for sweetening purposes


0,250




Dairy and chocolate confectionery


0,05




Chocolate-coated confectionery


0,025




Other confectionery products, including chewing gum but excluding dairy and chocolate confectionery and chocolate-coated confectionery


0,1




Beverages


Cola-type drinks: 0,018
Flavoured drinks: 0,02




Whey based powder


0,250




Protein products, excluding dairy analogues


0,125




Coffee-based drinks


0,018




Powder cocoa beverage preparations


0,1




Cocoa-based beverages


0,02




Liquid drink bases, including concentrates and home-made preparations


0,1’








ELI: http://data.europa.eu/eli/reg_impl/2026/1749/oj
ISSN 1977-0677 (electronic edition)