Commission Regulation (EU) No 851/2013 of 3 September 2013 authorising certain health claims made on foods, other than those referring to the reduction of disease risk and to children’s development and health and amending Regulation (EU) No 432/2012 Text with EEA relevance

• CELEX: Regulation (EU) No 851/2013
• Articles: 5

Article 1

1.   The health claims set out in the Annex to this Regulation shall be included in the Union list of permitted claims as provided for in Article 13(3) of Regulation (EC) No 1924/2006.

2.   The use of health claims referred to in paragraph 1 shall be restricted to the applicants for a period of five years after the entry into force of this Regulation. After the expiry of that period, those health claims may be used, in conformity with the conditions applying to them, by any food business operator.

Article 2

The scientific data and other information included in the applications, which are claimed by the applicants as proprietary and without the submission of which the health claims could not have been authorised, are restricted for use for the benefit of the applicants for a period of five years from the date of entry into force of this Regulation under the conditions laid down in Article 21(1) of Regulation (EC) No 1924/2006.

Article 3

The Annex to Regulation (EU) No 432/2012 is amended in accordance with the Annex to this Regulation.

Article 4

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

Schedules & Appendices

ANNEX

ANNEX

In the Annex to Regulation (EU) No 432/2012, the following entries are inserted in an alphabetical order:

Nutrient, substance, food or food category

Claim

Conditions of use of the claim

Conditions and/or restrictions of use of the food and/or additional statement or warning

EFSA Journal number

Relevant entry number in the Consolidated List submitted to EFSA for its assessment

‘Reformulated, non-alcoholic, acidic drink with:

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less than 1 g fermentable carbohydrate per 100 ml (sugars and other carbohydrates except polyols),

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calcium in a range from 0,3 to 0,8 mol per mol acidulant,

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display of pH between 3,7-4,0.

Replacing sugar-containing, acidic drinks, such as soft drinks (typically 8-12 g sugars/100 ml), with reformulated drinks contributes to the maintenance of tooth mineralisation  ( *1 )

In order to bear the claim, reformulated acidic drinks shall comply with the description of the food subject to the claim

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2010;8(12):1884

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Slowly digestible starch

Consumption of products high in slowly digestible starch (SDS) raises blood glucose concentration less after a meal compared to products low in SDS  ( *2 )

The claim may be used only on food where the digestible carbohydrates provide at least 60 % of the total energy and where at least 55 % of those carbohydrates is digestible starch, of which at least 40 % is SDS

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2011;9(7):2292

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Cocoa flavanols

Cocoa flavanols help maintain the elasticity of blood vessels, which contributes to normal blood flow  ( *3 )

Information shall be given to the consumer that the beneficial effect is obtained with a daily intake of 200 mg of cocoa flavanols.

The claim can be used only for cocoa beverages (with cocoa powder) or for dark chocolate which provide at least a daily intake of 200 mg of cocoa flavanols with a degree of polymerisation 1-10

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2012;10(7):2809

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( *1 )   Authorised on 24.9.2013 restricted to the use of GlaxoSmithKline Services Unlimited and its affiliates, GSK House, 980 Great West Road, Brentford, TW89GS, United Kingdom, for a period of five years.

( *2 )   Authorised on 24.9.2013 restricted to the use of Mondelēz International group, Three Parkway North Deerfield, IL 60015, United States of America, for a period of five years.

( *3 )   Authorised on 24.9.2013 restricted to the use of Barry Callebaut Belgium NV, Aalstersestraat 122, B-9280 Lebbeke-Wieze, Belgium, for a period of five years.’