CELEX: 32017D1387
Language: en
Date: 2017-07-24 00:00:00
Title: Commission Implementing Decision (EU) 2017/1387 of 24 July 2017 authorising the placing on the market of an enzyme preparation of prolyl oligopeptidase produced with a genetically modified strain of Aspergillus niger as a novel food ingredient under Regulation (EC) No 258/97 of the European Parliament and of the Council (notified under document C(2017) 4975)

26.7.2017   
               
               
                  EN
               
               
                  Official Journal of the European Union
               
               
                  L 194/65
               
            COMMISSION IMPLEMENTING DECISION (EU) 2017/1387
      of 24 July 2017
      authorising the placing on the market of an enzyme preparation of prolyl oligopeptidase produced with a genetically modified strain of Aspergillus niger as a novel food ingredient under Regulation (EC) No 258/97 of the European Parliament and of the Council
      
         
            (notified under document C(2017) 4975)
         
      
      (Only the English 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(1) thereof,
      Whereas:
      
                  (1)
               
               
                  On 13 June 2012, the company DSM Food Specialties made a request to the competent authorities of France to place an enzyme preparation of prolyl oligopeptidase produced with a genetically modified strain of Aspergillus niger, on the Union market as a novel food ingredient within the meaning of point (d) of Article 1(2) of Regulation (EC) No 258/97. The target population is the general adult population.
               
            
                  (2)
               
               
                  On 31 July 2014, the competent food assessment body of France issued its initial assessment report. In that report it came to the conclusion that an enzyme preparation of prolyl oligopeptidase produced with a genetically modified strain of Aspergillus niger meets the criteria for novel food ingredient set out in Article 3(1) of Regulation (EC) No 258/97.
               
            
                  (3)
               
               
                  On 11 November 2014, the Commission forwarded the initial assessment report to the other Member States.
               
            
                  (4)
               
               
                  Reasoned objections were raised by other Member States within the 60-day period laid down in the first subparagraph of Article 6(4) of Regulation (EC) No 258/97.
               
            
                  (5)
               
               
                  On 25 November 2015, the Commission consulted the European Food Safety Authority (EFSA) asking it to carry out an additional assessment for an enzyme preparation of prolyl oligopeptidase produced with a genetically modified strain of Aspergillus niger as a novel food ingredient in accordance with Regulation (EC) No 258/97.
               
            
                  (6)
               
               
                  On 13 December 2016, EFSA in its opinion on the safety of prolyl oligopeptidase as a novel food ingredient pursuant to Regulation (EC) No 258/97 concluded that the enzyme preparation of prolyl oligopeptidase produced with a genetically modified strain of Aspergillus niger is safe for the proposed use and use levels (2).
               
            
                  (7)
               
               
                  That opinion gives sufficient grounds to establish that the enzyme preparation of prolyl oligopeptidase produced with a genetically modified strain of Aspergillus niger in the proposed use and use levels complies with the criteria laid down in Article 3(1) of Regulation (EC) No 258/97.
               
            
                  (8)
               
               
                  Enzyme preparation of prolyl oligopeptidase falls outside the scope of Regulation (EC) No 1829/2003 of the European Parliament and of the Council (3) on genetically modified food and feed as the genetically modified strain of Aspergillus niger is used as a processing aid and the material derived from the genetically modified microorganism is not present in the novel food.
               
            
                  (9)
               
               
                  Directive 2002/46/EC of the European Parliament and of the Council (4) lays down requirements on food supplements. The use of the enzyme preparation of prolyl oligopeptidase produced with a genetically modified strain of Aspergillus niger should be authorised without prejudice to the provisions of that Directive.
               
            
                  (10)
               
               
                  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
      Without prejudice to Directive 2002/46/EC, the enzyme preparation of prolyl oligopeptidase produced with a genetically modified strain of Aspergillus niger as specified in Annex I to this Decision may be placed on the Union market as a novel food ingredient to be used in food supplements intended for the general adult population with a maximum dose established in Annex II to this Decision.
      Article 2
      The designation of the enzyme preparation of prolyl oligopeptidase produced with a genetically modified strain of Aspergillus niger authorised by this Decision on the labelling of the foodstuffs shall be ‘prolyl oligopeptidase’.
      Article 3
      This Decision is addressed to DSM Nutritional Products Ltd, Wurmisweg 576, 4303 Kaiseraugst, Switzerland.
      
         Done at Brussels, 24 July 2017.
         
            
               For the Commission
            
            Vytenis ANDRIUKAITIS
            
               Member of the Commission
            
         
      
      
         (1)  OJ L 43, 14.2.1997, p. 1.
      
         (2)  EFSA Journal 2017; 15(2): 4681.
      
         (3)  Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (OJ L 268, 18.10.2003, p. 1).
      
         (4)  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).
      
         ANNEX I
         
            Specifications of the enzyme preparation of prolyl oligopeptidase produced with a genetically modified strain of Aspergillus niger
            
         
         
            Specification of the enzyme
         
         
                     Systematic name
                  
                  
                     Prolyl oligopeptidase
                  
               
                     Synonyms
                  
                  
                     Prolyl endopeptidase, proline-specific endopeptidase, endoprolylpeptidase
                  
               
                     Molecular weight
                  
                  
                     66 kDa
                  
               
                     Enzyme Commission number
                  
                  
                     EC 3.4.21.26
                  
               
                     CAS number
                  
                  
                     72162-84-6
                  
               
                     Source
                  
                  
                     A genetically modified strain of Aspergillus niger (GEP-44)
                  
               
            Description: Prolyl oligopeptidase is available as an enzyme preparation containing approximately 30 % maltodextrin.
         
            Specifications of the enzyme preparation of prolyl oligopeptidase
         
         
                     
                        Parameter
                     
                  
                  
                     Specifications Limits
                  
               
                     
                        Activity
                     
                  
                  
                     > 580 000  PPI (1)/g (> 34,8 PPU (2)/g)
                  
               
                     
                        Appearance
                     
                  
                  
                     Microgranulate
                  
               
                     
                        Colour
                     
                  
                  
                     Off-white to orange yellowish. The colour may change from batch to batch
                  
               
                     
                        Dry Matter
                     
                  
                  
                     > 94 %
                  
               
                     
                        Gluten
                     
                  
                  
                     < 20 ppm
                  
               
                     
                        Heavy metals
                     
                  
               
                     Total heavy metals (as lead)
                  
                  
                     ≤ 10 mg/kg
                  
               
                     Lead
                  
                  
                     ≤ 1,0 mg/kg
                  
               
                     Arsenic
                  
                  
                     ≤ 1,0 mg/kg
                  
               
                     Cadmium
                  
                  
                     ≤ 0,5 mg/kg
                  
               
                     Mercury
                  
                  
                     ≤ 0,1 mg/kg
                  
               
                     
                        Microbiological specifications
                     
                  
               
                     Total aerobic plate count
                  
                  
                     ≤ 103 CFU/g
                  
               
                     Total yeasts and moulds
                  
                  
                     ≤ 102 CFU/g
                  
               
                     Sulphite reducing anaerobes
                  
                  
                     ≤ 30 CFU/g
                  
               
                     
                        Enterobacteriaceae
                     
                  
                  
                     < 10 CFU/g
                  
               
                     
                        Salmonella
                     
                  
                  
                     Absent in 25 g
                  
               
                     
                        Escherichia coli
                     
                  
                  
                     Absent in 25 g
                  
               
                     
                        Staphylococcus aureus
                     
                  
                  
                     Absent in 10 g
                  
               
                     
                        Pseudomonas aeruginosa
                     
                  
                  
                     Absent in 10 g
                  
               
                     
                        Listeria monocytogenes
                     
                  
                  
                     Absent in 25 g
                  
               
                     Antimicrobial activity
                  
                  
                     Absent
                  
               
                     Mycotoxins
                  
                  
                     Below limits of detection: Aflatoxin B1, B2, G1, G2 (< 0,25 μg/kg), total Aflatoxins (< 2,0 μg/kg), Ochratoxin A (< 0,20 μg/kg), T-2 Toxin (< 5 μg/kg), Zearalenone (< 2,5 μg/kg), Fumonisin B1 and B2 (< 2,5 μg/kg)
                  
               
            (1)  PPI — Protease Picomole International.
         
            (2)  PPU — Prolyl Peptidase Units or Proline Protease Units.
      
      
         ANNEX II
         
            Authorised uses of the enzyme preparation of prolyl oligopeptidase produced with a genetically modified strain of Aspergillus niger
            
         
         
                     Food category
                  
                  
                     Maximum dose
                  
               
                     Food supplements as defined in Directive 2002/46/EC
                  
                  
                     120 PPU (1)/day (2,7 g of enzyme preparation/day) (2 × 106 PPI (2)/day) for general adult population
                  
               
            (1)  PPU — Prolyl Peptidase Units or Proline Protease Units.
         
            (2)  PPI — Protease Picomole International.