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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 1852/2001note, 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) 2017/2470note has established a Union list of novel foods.
(3)The Union list set out in the Annex to Implementing Regulation (EU) 2017/2470 includes ‘astaxanthin-rich oleoresin from Haematococcus pluvialis algae’ as an authorised novel food.
(4)The novel food ‘astaxanthin-rich oleoresin from Haematococcus pluvialis algae’ has been authorised in accordance with Article 5 of Regulation (EC) No 258/97 of the European Parliament and of the Councilnote for use in food supplements as defined in Directive 2002/46/EC of the European Parliament and of the Councilnote intended for the general population.
(5)Commission Implementing Regulation (EU) 2023/1581note has laid down additional labelling requirements in order to prevent concomitant consumption of food supplements containing ≤ 8,0 mg of astaxanthin.
(6)The Commission has identified an error in Implementing Regulation (EU) 2023/1581 with regard to the transitional measures. A transitional period in Implementing Regulation (EU) 2023/1581 for products complying with the requirements of Commission Implementing Regulation (EU) 2021/1377note before the date of entry into force of Regulation (EU) 2023/1581 was erroneously drafted. A correction is needed in order to provide clarity and legal certainty to food business operators and to the Member States’ competent authorities, thus providing for the marketing of those novel foods complying with the previous labelling requirements. In order to avoid uncertainty about negative consequences for the concerned food business operators, this correction should enter into force immediately and be applicable retroactively, from the entry into force of the Regulation (EU) 2023/1581.
(7)Implementing Regulation (EU) 2023/1518 should therefore be corrected accordingly.
(8)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#
Article 2 of Implementing Regulation (EU) 2023/1581 is replaced by the following:‘Article 2Food supplements containing ≤ 8,0 mg astaxanthin intended for the general population older than 14 years of age, complying with the requirements of Implementing Regulation (EU) 2021/1377 may continue to be placed on the market until 1 February 2024 and may be marketed until their date of minimum durability or use by date.’
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