4.9.2013 Official Journal of the European Union L 235/3 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) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods ('), and in particular Article 18(4) thereof, Whereas: 1 (6) Regulation (EC) No 1924/2006 provides that health claims made on food are prohibited unless they are auth- orised by the Commission in accordance with that Regu- lation and included in a list of permitted claims. Pursuant to Article 13(3) of Regulation (EC) No 1924/2006, Commission  Regulation (EU) No 432/2012 (%) was adopted, which established a list of permitted health claims made on foods other than those referring to the reduction of disease risk and to children’s development and health. Regulation (EC) No 19242006 also provides that appli- cations for authorisations of health claims are to be submitted by food business operators to the national competent authority of a Member State. The national competent authority is to forward valid applications to the European Food Safety Authority (EFSA), hereinafter referred to as ‘the Authority’, for a scientific assessment, as well as to the Commission and the Member States for information. The Commission is to decide on the authorisation of health claims taking into account the opinion delivered by the Authority. In order to stimulate innovation, health claims which are based on newly developed scientific evidence and/or which include a request for the protection of proprietary data shall undergo an accelerated type of authorisation. Following an application from GlaxoSmithKline Services Unlimited, submitted pursuant to Article 13(5) of Regu- () OJ L 404, 30.12.2006, p. 9. () Commission Regulation (EU) No 432/2012 of 16 May 2012 estab- lishing a list of permitted health claims made on foods, other than those referring to the reduction of disease risk and to children’s development and health (O] L 136, 25.5.2012, p. 1). ®) lation (EC) No 1924/2006, the Authority was required to deliver an opinion on a health claim related to the effects of a reformulated acidic non-alcoholic drink on reduction of tooth demineralisation (Question No EFSA-Q-2010- 00784) (). The claim proposed by the applicant was worded as follows: ‘“Toothkind” drinks help to maintain healthy teeth’. On 16 December 2010, the Commission and the Member States received the scientific opinion from the Authority which concluded that on the basis of the data presented, a cause and effect relationship had been estab- lished between the consumption of typical conventional juice drinks at an exposure frequency of four times per day and of typical sugar-containing beverages (8-12 ¢ sugars/100 ml) at an exposure frequency of seven times per day and tooth demineralisation. Furthermore, it concluded that replacement of those beverages with ‘toothkind’ drinks may contribute to reduced tooth demineralisation. Following consultation with the Member States, the Commission requested additional advice from the Auth- ority, inter alia, on whether the beneficial effect is shown or expected to be shown for less frequent consumers of conventional juice drinks and typical sugar-containing non-alcoholic beverages. The Authority in its opinion of 8 July 2011 (Question No EFSA-Q-2011-00781) (%) concluded that a beneficial effect on maintaining tooth mineralisation may be expected for people who consume conventional juice drinks or sugar-containing non- alcoholic  beverages and who are also frequent consumers of sugars andfor acids from other beverages or foods that can contribute to tooth demineralisation, if one or more servings of conventional juice drinks or sugar-containing non-alcoholic beverages are substituted by an equivalent number of servings of ‘toothkind’ juice drink. Furthermore, it was clarified that ‘reduction of tooth demineralisation’ has a similar meaning to ‘main- tenance of tooth mineralisation’. Accordingly, a health claim reflecting this conclusion and accompanied by specific conditions of use should be considered as complying with the requirements of Regulation (EC) No 1924/2006, and it should be included in the Union list of permitted claims, established by Regulation (EU) No 432/2012. The Authority indicated in its opinion that its conclusions could not have been reached without considering 15 studies claimed by the applicant as proprietary. Those studies are the following: (®) The EFSA Journal 2010; 8(12):1884. (*) The EFSA Journal 2011; 9(7):2293.