The implementation of Regulation (EU) 2015/2283, on Novel Food, continues to expose operators to serious uncertainties. So much for the free movement of goods in the internal market. The case of the microalgae of the Chlorella family.
Chlorella, uses and perspectives
The microalgae Chlorella pyrenoidosa, Chlorella vulgaris and Chlorella luteoviridis are traditionally used in Europe in the production of foods and food supplements. In fact, the three species are listed in the catalog of Novel Foods maintained by the European Commission as traditional foods. (1) And precisely because evidence was collected of their widespread and safe food consumption before 15.5.97, the application of the Novel Foods Regulation (EC Reg. 258/97, repealed and replaced by EU Reg. 2015/2283) to these species is excluded. (2)
The use of microalgae from the Chlorella family, as noted above, has also been successfully tested in the bio-decontamination of water and wastewater from organic compounds and pesticide residues. The prospects for their use in environmental remediation and agriculture are therefore also promising. As economical and natural-as well as organic-compatible alternatives to other chemical synthetic treatments and substances.
Chlorella vulgaris and Chlorella protothecoides, historical confusion
Periodic updates in taxonomy over the years have led to the revision of the name of Chlorella luteoviridis, renamed Heterochlorella luteoviridis. Most importantly, review of analyses on algal culture collections showed the repeated confusion in identifying some strains of Chlorella pyrenoidosa as Chlorella vulgaris . This analysis, supported by several scientific studies, suggests that Chlorella pyrenoidosa may have been consumed as a food ingredient, in Europe, before 1997.
The CEVA (Centre d’Études & de Valorisation des Algues) – in its own report ‘Macroalgues et microalgues alimentaires – Statut règlementaire en France et en Europe, Synthèse CEVA 2019‘, updated 19.3.20 – actually recognizes the traditional use of Chlorella pyrenoidosa In the production of food and food supplements (3,4). Given its historical ‘misclassification’ (or confusion) with Chlorella vulgaris.
Chlorella protothecoides, uncertainty of status in the domestic market
The European Commission, in recent months, has gathered evidence of CEVA’s inferences. Following interlocution with the French government, which had forwarded its report to Unit E2- Food processing technologies and novel foods of DG Sante. Nevertheless, officials in Brussels have to date refrained from updating the European Novel Food Register, confirming the traditional food status of the species under consideration.
This uncertainty – like others, which we have repeatedly denounced, about the derivatives of Cannabis Sativa L. – Is a cause of serious obstacle to the free movement of goods in the internal market. In fact, operators, in the absence of uniform application of the Novel Food Regulation, face administrative burdens and risks of disputes whenever they intend to put a food into circulation in different member countries.
Internal market, SMEs and barriers to innovation
Legal uncertainty is the first and most serious barrier to food innovation. And it is causing unacceptable distortions of competition to the detriment of SMEs and microenterprises, which account for more than 90 percent of the operators in the European Union and are generally lacking the economic resources to deal with onerous regulatory consultations in different member states.
Among other things, food innovation, research and development are focused precisely on ingredients with distinctive and nutritionally valuable characteristics. Such as microalgae and hemp, both of which are valuable sources of protein and essential amino acids, omega-3 fatty acids, and various phytocompounds.
The EU Farm to Fork strategy cannot ignore the urgent need to remove these obstacles that affect, among other things, sustainable supply chains marked by circular economy models.
Dario Dongo
Notes
(1) European Commission. Novel Food catalogue
(2) European Commission. ‘Human Consumption to a Significant Degree. Information and Guidance Document. https://ec.europa.eu/food/sites/food/files/safety/docs/novel-food_guidance_human-consumption_en.pdf
(3) CEVA. Macroalgues et microalgues alimentaires – Statut règlementaire en France et en Europe, Synthèse CEVA 2019. Update 19.3.20
(4) CEVA also considers the traditional use in the EU of Chlorella sorokiniana and Parachlorella kesleri as proven. Additional uncertainties
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
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