4.5.2010 Official Journal of the European Union L 111/1 II (Non-legislative acts) REGULATIONS COMMISSION REGULATION (EU) No 375/2010 of 3 May 2010 refusing to authorise a health claim made on foods, other than those referring to the reduction of disease risk and to children’s development and health (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European absorption (Question No EFSA-Q-2008-785) (3). The claim proposed by the applicant was worded as follows: ‘Lactobacillus plantarum 299v (DSM  9843) improves iron absorption’. Union, ) ) (6) On 6 April 2009, the Commission and the Member Having regard to Regulation (EC) No 1924/2006 of the States received the scientific opinion from the European Parliament and of the Council of 20 December Authority which concluded that on the basis of the 2006 on nutrition and health claims made on foods ('), and data presented, a cause and effect relationship had not in particular Article 18(5) thereof, been established between the consumption of Lactoba- cillus plantarum 299v (DSM 9843) and the claimed Whereas: effect. Accordingly, as the claim does not comply with ' the requirements of Regulation (EC) No 1924/2006, it should not be authorised. (1) Pursuant to Regulation (EC) No 1924/2006 health claims made on food are prohibited unless they are authorised . by the Commissionp in accordance Withythat Regulation (7). The comments from the applicants and the members of and included in a list of vermitted claims the public received by the Commission, pursuant to p ’ Article 16(6) of Regulation (EC) No 1924/2006, have been considered when setting the measures provided (2)  Regulation (EC) No 1924/2006 also provides that appli- for in this Regulation. cations for authorisations of health claims may be ilcl)lr)nnglet::gt ba)ll1t}fl?)(;iybg?r;esli{e(;}q)ﬁgt(gtsatzo _IEEZ Ezgggi (8)  Health claims referred to in Article 13(1)(a) of Regulation ) EC) No 1924/2006 bject to the transiti competent authority is to forward valid applications to Enez)isure(; laid d (iwn in jl\rre;idseu 2J§§5) oof thaf Régﬂlsalt;gg thfe Euéopean F}(l)ocll\ S;fet}’ Authority (EFSA), hereinafter only if they comply with the conditions therein referred to as the Authority. mentioned, among which that they have to comply with the Regulation. As the Authority concluded that a (3)  Following receipt of an application the Authority is to cause and effect relatioqship had not be:en established inform without delay the other Member States and the between the consumption of Lactobacillus  plantarum Commission and to deliver an opinion on a health claim 299v (DSM 9843) and the claimed effect, the claim concerned. does not comply with Regulation (EC) No 1924/2006, and therefore the transition period foreseen in Article 28(5) of that Regulation is not applicable. A (4 The Commission is to decide on the authorisation of transition period of six months is provided for, to health claims taking into account the opinion delivered enable food business operators to adapt to the by the Authority. requirements laid down in this Regulation. (5)  Following an application from PROBI AB, submitted on (99 The measures provided for in this Regulation are in 22 December 2008 pursuant to Article 13(5) of Regu- lation (EC) No 1924/2006, the Authority was required to deliver an opinion on a health claim related to the effects of Lactobacillus plantarum 299v on improved iron () O] L 404, 30.12.2006, p. 9. accordance with the opinion of the Standing Committee on the Food Chain and Animal Health and neither the European Parliament nor the Council have opposed them, (%) The EFSA Journal (2009) 999, 1-9.