Commission Implementing Regulation (EU) 2021/1975 of 12 November 2021 authorising the placing on the market of frozen, dried and powder forms of Locusta migratoria 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: 15 November 2021
• Subject Matter: Internal market - Principles,Foodstuffs
• Official Gazette Publication: Official Journal of the European Union, L 402, 15 November 2021

15.11.2021 EN Official Journal of the European Union L 402/10

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COMMISSION IMPLEMENTING REGULATION (EU) 2021/1975

of 12 November 2021

authorising the placing on the market of frozen, dried and powder forms of Locusta migratoria 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) On 28 December 2018, the company Fair Insects BV (‘the applicant’) submitted an application to the Commission in accordance with Article 10(1) of Regulation (EU) 2015/2283 to place frozen, dried and powder (ground) forms of Locusta migratoria (migratory locust) on the Union market as a novel food. The applicant requested for frozen, dried and powder forms of Locusta migratoria to be used in the form of snack, and as a food ingredient in a number of food products for the general population.

(4) The applicant also made a request to the Commission for the protection of proprietary scientific data for a number of data submitted in support of the application, namely a description of the production process (3), analytical data on the composition (4), analytical data on contaminants (5), stability and microbiological status, data on the novel food sales (6), an intake assessment (7), protein digestibility and the Digestible Indispensable Amino Acid Score (8), the solubility and sterility tests on dried Locusta migratoria conducted prior to the genotoxicity studies which indicated that no genotoxicity testing was possible (9), and a cytotoxicity study (10).

(5) In accordance with Article 10(3) of Regulation (EU) 2015/2283, the Commission consulted the European Food Safety Authority (‘the Authority’) on 9 July 2019, asking it to provide a scientific opinion by carrying out an assessment of the safety of frozen, dried and powder forms of Locusta migratoria as a novel food.

(6) On 25 May 2021, the Authority adopted a scientific opinion on the safety of frozen, dried and powder forms of Locusta migratoria as a novel food (11), in accordance with Article 11 of Regulation (EU) 2015/2283.

(7) In its opinion, the Authority concluded that frozen, dried and powder forms of Locusta migratoria are safe under the proposed uses and use levels. Therefore, the opinion of the Authority gives sufficient grounds to establish that frozen, dried and powder forms of Locusta migratoria under the assessed conditions of use comply with Article 12(1) of Regulation (EU) 2015/2283.

(8) In that opinion, the Authority also concluded on the basis of limited published evidence on food allergies related to insects in general, which equivocally linked the consumption of Locusta migratoria to a number of anaphylaxis events, and on the basis of evidence demonstrating that Locusta migratoria contains a number of potentially allergenic proteins, that the consumption of this novel food may trigger sensitisation to Locusta migratoria proteins. The Authority also recommended carrying out further research on the allergenicity of Locusta migratoria.

(9) In order to address the Authority’s recommendation, the Commission is currently exploring the ways to carry out the necessary research on the allergenicity of Locusta migratoria. Until the data generated by the research is assessed by the Authority, and considering that, to date, only few allergic cases caused by Locusta migratoria (12) have been reported according to data available to the insect industry, and that the evidence on the allergenicity potential associated with the consumption of Locusta migratoria is equivocal, the Commission considers that no specific labelling requirements concerning the potential of Locusta migratoria to cause primary sensitization should be included in the Union list of authorised novel foods.

(10) The Authority in its opinion also considered that the consumption of frozen, dried and powder forms of Locusta migratoria may cause allergic reactions in persons that are allergic to crustaceans, molluscs and mites. Furthermore, the Authority noted that additional allergens may end up in the novel food, if these allergens are present in the substrate fed to insects. Therefore, it is appropriate that frozen, dried and powder forms of Locusta migratoria made available to the consumer as such and foods containing them are appropriately labelled following the requirements in accordance with Article 9 of Regulation (EU) 2015/2283.

(11) In its opinion, the Authority noted that its conclusion on the safety of the novel food was based on a number of data submitted in support of the application, namely a description of the production process, analytical data on the composition, analytical data on contaminants, stability and microbiological status, data on the novel food sales, an intake assessment, protein digestibility and Digestible Indispensable Amino Acid Score, the solubility and sterility tests on dried Locusta migratoria conducted prior to the genotoxicity studies which indicated that no genotoxicity testing was possible, and a cytotoxicity study. It also noted that it could not have reached that conclusion without the data from the unpublished reports of those studies contained in the applicant’s file.

(12) The Commission requested the applicant to further clarify the justification provided with regard to their proprietary claim over those studies and to clarify their claim to an exclusive right of reference to those data, as referred to in Article 26(2)(b) of Regulation (EU) 2015/2283.

(13) The applicant declared that they held proprietary and exclusive right of reference to description of the production process, analytical data on the composition, analytical data on contaminants, stability and microbiological status, data on the novel food sales, intake assessment, data on protein digestibility and the Digestible Indispensable Amino Acid Score, the solubility and sterility tests on dried Locusta migratoria conducted prior to the genotoxicity studies which indicated that no genotoxicity testing was possible, and cytotoxicity study, at the time they submitted the application and that therefore third parties cannot lawfully access, use or refer to those studies.

(14) The Commission assessed all the information provided by the applicant and considered that the applicant has sufficiently substantiated the fulfilment of the requirements laid down in Article 26(2) of Regulation (EU) 2015/2283. Therefore, the specific studies on description of the production process, analytical data on the composition, analytical data on contaminants, stability and microbiological status, data on the novel food sales, intake assessment, protein digestibility and Digestible Indispensable Amino Acid Score, the solubility and sterility tests on dried Locusta migratoria conducted prior to the genotoxicity studies which indicated that no genotoxicity testing was possible, and cytotoxicity study, contained in the applicant’s file, on which the Authority based its conclusion on the safety of the novel food and without which it could not have assessed the novel food, should not be used for the benefit of any subsequent applicant for a period of five years from the date of entry into force of this Regulation. Accordingly, only the applicant should be authorised to place frozen, dried and powder forms of Locusta migratoria on the market within the Union during that period.

(15) However, restricting the authorisation of

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