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 supplementsnote, and in particular Article 4(5) thereof,Whereas:
(1)Annexes I and II to Directive 2002/46/EC establish the lists of vitamins and minerals, and for each of them the forms, which may be used in the manufacture of food supplements.
(2)Pursuant to Article 14 of Directive 2002/46/EC, provisions on vitamins and minerals in food supplements that may have an effect upon public health are to be adopted after consultation with the European Food Safety Authority (‘the Authority’).
(3)Following a request from the Commission to deliver an opinion on calcidiol monohydrate as a novel food pursuant to Regulation (EU) 2015/2283 of the European Parliament and of the Councilnote and as a source of vitamin D in the context of Directive 2002/46/EC, on 25 May 2021, the Authority has adopted a scientific opinion on the matternote.
(4)It follows from that opinion that there are no safety concerns about the use of calcidiol monohydrate in food supplements, provided that the conditions for its authorisation set out in Commission Implementing Regulation (EU) 2024/1052note are met. Based on the Authority’s favourable opinion and on its authorisation as a novel food ingredient in Implementing Regulation (EU) 2024/1052, calcidiol monohydrate should be included in the list of vitamin and mineral substances set out in Annex II to Directive 2002/46/EC, in order to allow its use as a source of vitamin D in food supplements.
(5)Directive 2002/46/EC should therefore be amended accordingly.
(6)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#
Annex II to Directive 2002/46/EC 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.
In point A.2. (VITAMIN D) of Annex II to Directive 2002/46/EC, the following entry is added after the entry for ‘(b) ergocalciferol’:
(c)calcidiol monohydrate (4*)
(4*)As listed in the Union list of novel foods in 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).’.
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