Commission Implementing Regulation (EU) 2020/1634 of 4 November 2020 authorising the placing on the market of sugars obtained from cocoa (Theobroma cacao L.) pulp as a novel food under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Commission Implementing Regulation (EU) 2017/2470 (Text with EEA relevance)

• Published date: 05 November 2020
• Subject Matter: Foodstuffs,Internal market - Principles
• Official Gazette Publication: Official Journal of the European Union, L 367, 5 November 2020

5.11.2020 EN Official Journal of the European Union L 367/39

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COMMISSION IMPLEMENTING REGULATION (EU) 2020/1634

of 4 November 2020

authorising the placing on the market of sugars obtained from cocoa (Theobroma cacao L.) pulp as a novel food under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Commission Implementing Regulation (EU) 2017/2470

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2015/2283 of the European Parliament and of the Council of 25 November 2015 on novel foods, amending Regulation (EU) No 1169/2011 of the European Parliament and of the Council and repealing Regulation (EC) No 258/97 of the European Parliament and of the Council and Commission Regulation (EC) No 1852/2001 (1), and in particular Article 12 thereof,

Whereas:

(1) Regulation (EU) 2015/2283 provides that only novel foods authorised and included in the Union list 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 (2) establishing a Union list of authorised novel foods was adopted.

(3) Pursuant to Article 12 of Regulation (EU) 2015/2283, the Commission is to decide on the authorisation and on the placing on the Union market of a novel food and on the updating of the Union list.

(4) Commission Implementing Regulation (EU) 2020/206 (3) authorised the placing on the market of fruit pulp, pulp juice, concentrated pulp juice from Theobroma cacao L. as a traditional food from a third country under Regulation (EU) 2015/2283 and amended the Union list of authorised novel foods.

(5) On 22 November 2019, the company Cabosse Naturals NV (‘the applicant’) submitted an application to the Commission in accordance with Article 10(1) of Regulation (EU) 2015/2283 to place sugars obtained from cocoa (Theobroma cacao L.) pulp on the Union market as a novel food. The applicant requested for sugars obtained from cocoa (Theobroma cacao L.) pulp to be used as an ingredient for the general population.

(6) The sugars are obtained via a drying process or a purification process which removes the excess moisture and the other components present in the concentrated pulp juice from Theobroma cacao L.

(7) The Commission considers that a safety evaluation of the current application by the European Food Safety Authority in accordance with Article 10(3) of Regulation (EU) 2015/2283 is not necessary. The sugars obtained from the concentrated pulp juice from Theobroma cacao L. via drying or purification are identical to the sugars naturally present in the cocoa (Theobroma cacao L.) pulp and consist mainly of glucose and fructose that have a long history of safe use in foods, thus their authorisation would not alter the safety considerations that supported the authorisation of concentrated pulp juice from Theobroma cacao L. as a traditional food.

(8) The information provided in the application gives sufficient grounds to establish that the proposed uses and

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