Commission Implementing Regulation (EU) 2023/2851 of 20 December 2023 authorising the placing on the market of partially hydrolysed protein from spent barley (Hordeum vulgare) and rice (Oryza sativa) as a novel food and amending Implementing Regulation (EU) 2017/2470

1 Partially hydrolysed protein from spent barley (Hordeum vulgare) and rice (Oryza sativa) is authorised to be placed on the market within the Union. Partially hydrolysed protein from spent barley (Hordeum vulgare) and rice (Oryza sativa) shall be included in the Union list of novel foods set out in Implementing Regulation (EU) 2017/2470.

2 The Annex to Implementing Regulation (EU) 2017/2470 is amended in accordance with the Annex to this Regulation.

Only the company Evergrain LLC is authorised to place on the market within the Union the novel food referred to in Article 1, for a period of five years from 10 January 2024, unless a subsequent applicant obtains an authorisation for that novel food without reference to the scientific data protected pursuant to Article 3 or with the agreement of Evergrain LLC.

The scientific data contained in the application file and fulfilling the conditions laid down in Article 26(2) of Regulation (EU) 2015/2283 shall not be used for the benefit of a subsequent applicant for a period of five years from the date of entry into force of this Regulation without the agreement of Evergrain LLC.

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