L67/4 Official Journal of the European Union 12.3.2015 COMMISSION REGULATION (EU) 201 5/403 of 11 March 2015 amending Annex III to Regulation (EC) No 1925/2006 of the European Parliament and of the Council as regards Ephedra species and Yohimbe (Pausinystalia yohimbe (K. Schum) Pierre ex Beille) (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EC) No 1925/2006 of the European Parliament and of the Council of 20 December 2006 on the addition of vitamins and minerals and of certain other substances to foods (!), and in particular Article 8(2) thereof, Whereas: (1) Pursuant to Article 8(2) of Regulation (EC) No 1925/2006, a Member State may request the Commission to initiate a procedure to include a substance or an ingredient containing a substance other than a vitamin or a mineral in Annex III to Regulation (EC) No 1925/2006 listing the substances whose use in foods is prohibited, restricted or under Union scrutiny, if that substance is associated with a potential risk to consumers as defined by Article 8(1) of Regulation (EC) No 1925/2006. (2)  On 7 September 2009, Germany sent a request to the Commission regarding the possible harmful effects associated with the intake of Yohimbe (Pausinystalia yohimbe (K. Schum) Pierre ex Beille) and Ephedra species and their preparations, and asked the Commission to initiate the procedure under Article 8 of Regulation (EC) No 1925/2006 for those two substances. (3)  The request by Germany fulfilled the necessary conditions and requirements laid down in Articles 3 and 4 of Commission Implementing Regulation (EU) No 307/2012 (3). (4)  On 9 September 2011, the Commission asked the European Food Safety Authority (hereafter ‘the Authority’) to evaluate the safety in use of Ephedra and Yohimbe (Pausinystalia yohimbe (K. Schum) Pierre ex Beille) species in food. (50 On 3 July 2013, the Authority adopted a scientific opinion on the evaluation of the safety in use of Yohimbe (Pausinystalia yohimbe (K. Schum) Pierre ex Beille) (*). It concluded that the chemical and toxicological characteri- sation of yohimbe bark and its preparations used in food originating from Yohimbe (Pausinystalia yohimbe (K. Schum) Pierre ex Beille) are not adequate to conclude on their safety as ingredients of food. Therefore, it was not possible for the Authority to provide advice on a daily intake of yohimbe bark and its preparations that does not give rise to concerns for human health. (6)  On 6 November 2013, the Authority adopted a scientific opinion on the safety evaluation of Ephedra species for use in food (*). It found that although the marketing of foods containing Ephedra herb and its preparations in retail outlets is not documented in Europe, food supplements containing Ephedra herbs or their preparations that are typically used for weight loss and athletic performance can easily be purchased via the internet. The Authority concluded that it cannot be excluded that consumers may purchase herbal tea from Ephedra herb via the internet. Given that Ephedra herb and its preparations are marketed almost exclusively as food supplements, the Authority calculated potential exposure levels to the herb from food supplements. It concluded that Ephedra herb and its preparations in food supplements may result in exposure to total ephedra alkaloids or ephedrine which falls within or may exceed the therapeutic dose ranges for the individual ephedra alkaloids or ephedrine, in medicinal products. () OJL 404, 30.12.2006, p. 26. (%) Commission Implementing Regulation (EU) No 307/2012 of 11 April 2012 establishing implementing rules for the application of Article 8 of Regulation (EC) No 1925/2006 of the European Parliament and of the Council on the addition of vitamins and minerals and of certain other substances to foods (O] L 102, 12.4.2012, p. 2). (}) EFSA Panel on Food Additives and Nutrient Sources added to Food (ANS); Scientific Opinion on the evaluation of the safety in use of Yohimbe (Pausinystalia yohimbe (K. Schum) Pierre ex Beille). EFSA Journal 2013;11(7):3302. (*) EFSA Panel on Food Additives and Nutrient Sources added to Food (ANS); Scientific Opinion on safety evaluation of Ephedra species for use in food. EFSA Journal 2013;11(11):3467.