Diario Oficial de la Unión Europea del 12/6/2023 - Sección Legislación
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Source: Diario Oficial de la Unión Europea - Sección Legislación
EN
12.6.2023
Official Journal of the European Union
L 151/1
II
Non-legislative acts
REGULATIONS
COMMISSION REGULATION EU 2023/1141
of 1 June 2023
refusing to authorise certain health claims made on foods, other than those referring to the reduction of disease risk and to childrens development and health Text with EEA relevance
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation EC No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods 1, and in particular Article 185 thereof, Whereas:
1
Pursuant to Regulation EC No 1924/2006, health claims made on foods are prohibited unless they are authorised by the Commission in accordance with that Regulation and included in the Union list of permitted health claims.
2
Regulation EC No 1924/2006 also provides that applications for authorisation of health claims may be submitted by food business operators to the national competent authority of a Member State. The national competent authority is to forward valid applications to the European Food Safety Authority the Authority.
3
Following the receipt of an application, the Authority is to inform without delay the other Member States and the Commission, and to deliver an opinion on the health claim concerned.
4
The Commission is to decide on the authorisation of the health claim taking into account the opinion delivered by the Authority.
5
Following an application from Nestlé S.A., submitted pursuant to Article 135 of Regulation EC No 1924/2006, the Authority was required to deliver an opinion on the scientific substantiation of a health claim related to betaglucans sourced from oats and/or barley in ready-to-eat breakfast cereals manufactured via pressure cooking and to the reduction of blood glucose rise after consumption Question No EFSA-Q-2020-000447. The claim proposed by the applicant was worded as follows: Consumption of beta-glucans from oats and/or barley in a ready-to-eat breakfast cereal contributes to a reduction of the blood glucose rise after that meal.
6
On 8 April 2021, the Commission and the Member States received the scientific opinion 2 on that claim from the Authority, which concluded that, on the basis of the data presented, the effect of beta-glucans in reducing postprandial blood glucose responses is well established. However, the evidence provided had been insufficient to establish an effect on reduction of post-prandial glycaemic responses at doses of 1,3 g beta-glucans per 25 g of available carbohydrate incorporated into ready-to-eat breakfast cereals manufactured by pressure cooking i.e. either
1 OJ L 404, 30.12.2006, p. 9.
2 EFSA Journal 2021;194:6493.
