BAKGRUNN (fra kommisjonsforordningen)

(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. On the basis of the definition set out in Article 3(2)(c) of Regulation (EU) 2015/2283, traditional food from a third country is considered a novel food.

(2) Pursuant to Article 8 of Regulation (EU) 2015/2283, Commission Implementing Regulation (EU) 2017/2470 (2) has established a Union list of novel foods.

(3) On 10 October 2019, the company WhatIF F&I Pte Ltd (‘the applicant’) submitted a notification to the Commission in accordance with Article 14 of Regulation (EU) 2015/2283 of their intention to place seeds and seed flour of Vigna subterranea (L.) Verdc. on the Union market as a traditional food from a third country. The applicant requested that the food concerned be used as such (cooked seeds) or as flour and it is intended for the general population.

(4) The notification complies with the requirements laid down in Article 14 of Regulation (EU) 2015/2283. In particular, the data presented by the applicant demonstrate that the seeds and seed flour of Vigna subterranea (L.) Verdc. have a history of safe food use in Africa.

(5) Pursuant to Article 15(1) of Regulation (EU) 2015/2283, on 14 September 2023, the Commission forwarded the valid notification to the Member States and to the European Food Safety Authority (‘the Authority’).

(6) No duly reasoned safety objections to the placing on the market within the Union of the food concerned were submitted to the Commission by the Member States or the Authority within the period set in Article 15(2) of Regulation (EU) 2015/2283.

(7) On 29 January 2024 the Authority published its ‘Technical Report on the notification of dried seeds and flour thereof of Vigna subterranea (L.) Verdc. as a traditional food from a third country pursuant to Article 14 of Regulation (EU) 2015/2283 (3)’. In that report, the Authority concluded that the available data on the composition and the history of the requested use of seeds and seed flour of Vigna subterranea (L.) Verdc. do not raise safety concerns.

(8) The Commission should therefore authorise the placing on the market within the Union of seeds and seed flour of Vigna subterranea (L.) Verdc. as a traditional food from a third country and update the Union list of novel foods accordingly.

(9) In its report, the Authority noted that allergic reactions may be expected after the consumption of the traditional food especially in individuals sensitised to peanuts and soybeans. The Authority in its report also noted that the dried seeds should be subjected to soaking and boiling before consumption like other dried legumes. Therefore, it is appropriate that seeds and seed flour of Vigna subterranea (L.) Verdc. made available to the consumers are appropriately labelled following the requirements of Article 9 of Regulation (EU) 2015/2283.

(10) Seeds and seed flour of Vigna subterranea (L.) Verdc. should be included as a traditional food from a third country in the Union list of novel foods set out in Implementing Regulation (EU) 2017/2470. The Annex to Implementing Regulation (EU) 2017/2470 should therefore be amended accordingly,