(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. 

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

(3) The Union list set out in the Annex to Implementing Regulation (EU) 2017/2470 includes Schizochytrium sp. (ATCC PTA-9695) oil as an authorised novel food. 

(4) Commission Implementing Decision (EU) 2015/545 authorised, in accordance with Regulation (EC) No 258/97 of the European Parliament and of the Council, the placing on the market of Schizochytrium sp. (ATCC PTA-9695) oil as a novel food to be used in a number of foods. Commission Implementing Regulation (EU) 2019/3875 authorised an extension of use of the novel food. 

(5) On 4 March 2025, the company DSM Nutritional Products Europe Ltd. (‘the applicant’) submitted an application to the Commission in accordance with Article 10(1) of Regulation (EU) 2015/2283 to change the conditions of use of the novel food Schizochytrium sp. (ATCC PTA-9695) oil. The applicant requested to increase the maximum level of DHA in food supplements as defined in Directive 2002/46/EC6 from a maximum of 250 mg DHA/day for the general population and 450 mg DHA/day for pregnant and lactating women to a maximum of 1 g DHA/day for the general population above 3 years of age, including pregnant and lactating women, while maintaining 250 mg DHA/day in food supplements for children below 3 years of age. 

(6) Commission Implementing Regulation (EU) 2021/13267 authorised placing on the market as a novel food of another Schizochytrium sp. oil produced from a different strain, FCC-3204. On the basis of positive opinion of the European Food Safety Authority (‘the Authority’), Schizochytrium sp. (FCC-3204) oil was authorised for use in food supplements as defined in Directive 2002/46/EC for the general population above 3 years of age at the maximum levels of DHA of 1 g/day. The Commission considers that the requested update of the Union list concerning the change of the conditions of use of Schizochytrium sp. (ATCC PTA-9695) oil proposed by the applicant, is not liable to have an effect on human health and that a safety evaluation by the Authority in accordance with Article 10(3) of Regulation (EU) 2015/2283 is not necessary. The proposed increase to 1 g DHA/day in food supplements for the general population above 3 years of age does not affect safety and the conclusions of the Authority that supported the authorisation of Schizochytrium sp. (FCC-3204) oil by Regulation (EU) 2021/1326 for use in food supplements for the general population above 3 years of age at maximum level of 1 g DHA/day apply to this proposed increase. These conclusions took into consideration the Authority’s scientific opinion on the ‘Tolerable Upper Intake Level of eicosapentaenoic acid (EPA), docosahexaenoic acid (DHA) and docosapentaenoic acid (DPA)’ in which the Authority concluded that supplemental intakes of DHA alone up to about 1 g/day do not raise safety concerns for the general population. Taking into account those considerations, the proposed change of the conditions of use complies with Article 12(1) of Regulation (EU) 2015/2283. Therefore, it is appropriate to amend the conditions of use of the novel food Schizochytrium sp. (ATCC PTA-9695) oil by increasing the maximum use levels of DHA in food supplements for the general population above 3 years of age. 

(7) The information provided in the application and the Authority’s opinions on ‘Safety of oil from Schizochytrium limacinum (strain FCC-3204) for use in food a novel food pursuant to Regulation (EU) 2015/2283’10 and ‘Tolerable Upper Intake Level of eicosapentaenoic acid (EPA), docosahexaenoic acid (DHA) and docosapentaenoic acid (DPA)’ give sufficient grounds to establish that the changes to the conditions of use of Schizochytrium sp. (ATCC PTA-9695) oil are in accordance with Article 12 of Regulation (EU) 2015/2283 and should be approved. 

(8) It is appropriate that the inclusion of Schizochytrium sp. (ATCC PTA-9695) oil as a novel food in the Union list of novel foods contains the information referred to in Article 9(3) of Regulation (EU) 2015/2283. In line with the conditions of use of food supplements containing Schizochytrium sp. (ATCC PTA-9695) oil as proposed by the applicant, it is necessary to inform the consumers in that regard by appropriate labelling about the uses of food supplements containing Schizochytrium sp. (ATCC PTA-9695) oil. 

(9) The Annex to Implementing Regulation (EU) 2017/2470 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, supplements as