Commission Regulation (EU) 2024/1821

Contents

THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to 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^note, and in particular Article 4(5) thereof,Having regard to 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^note, and in particular Article 3(3) thereof,Whereas:

(1)Annexes I and II to Regulation (EC) No 1925/2006 establish the list of vitamin and mineral substances which may be added to foods and the forms in which they may be added.

(2)Annexes I and II to Directive 2002/46/EC establish the list of vitamin and mineral substances which may be used in the manufacture of food supplements and the forms in which they may be added.

(3)Commission Implementing Regulation (EU) 2023/949^note authorised iron milk caseinate as a novel food in, among other products, certain foods and food supplements subject to specific conditions.

(4)During the process of authorisation, on 4 August 2022, the European Food Safety Authority (‘the Authority’) issued a scientific opinion^note where it concluded that iron milk caseinate is safe under the proposed conditions of use and that it is a source from which iron is bioavailable.

(5)Iron milk caseinate was on the basis of that scientific opinion included in the Union list of authorised novel foods provided for in the Annex to Commission Implementing Regulation (EU) 2017/2470^note.

(6)The Commission considers that the Authority’s opinion gives sufficient grounds to establish that the use of iron milk caseinate as authorised by Implementing Regulation (EU) 2023/949, when used in foods and food supplements as specified therein, and excluding the use for infants and young children is not of safety concern as a source of iron.

(7)Based on the Authority’s favourable opinion and on the authorisation as a novel food as set out in Implementing Regulation (EU) 2023/949, iron milk caseinate should be included in Annex II Directive 2002/46/EC and in Annex II to Regulation (EC) No 1925/2006 as a form of iron.

(8)The Advisory Group on the Food Chain and Animal and Plant Health was consulted and its comments were taken into consideration.

(9)Annex II to Directive 2002/46/EC and Annex II to Regulation (EC) No 1925/2006 should therefore be amended accordingly.

(10)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: