Operational question for QA, regulatory and importers of green-tea-extract supplements: what does Regulation (EU) 2022/2340 still require under Annex III Parts B and C to Reg. 1925/2006 — and how does that differ from traditional infusions and from the highly purified EGCG (≥90%) novel-food track? The act’s answer: daily portion below 800 mg EGCG, the full Part B labelling set, a parallel Part C scrutiny listing, and an explicit infusion / reconstitutable aqueous-extract carve-out. CELEX 32022R2340.
1. What the act does
Commission Regulation (EU) 2022/2340 of 30 November 2022 (OJ L 310, 1.12.2022, pp. 7–11; ELI: eli/reg/2022/2340/oj; EUR-Lex: CELEX 32022R2340):
- Article 1 — inserts “Green tea extracts containing (−)-epigallocatechin-3-gallate” into Annex III Part B (restricted substances) and Part C (substances under Union scrutiny) to Reg. 1925/2006;
- Article 2 — foodstuffs containing such extracts that do not comply and were lawfully placed on the market before EIF may remain until 21 June 2023;
- Article 3 — entry into force on the twentieth day after OJ publication → 21 December 2022.
Legal basis: Art. 8(2)(a)(ii) and (b) of Regulation (EC) No 1925/2006. Art. 8 procedure mechanics: Implementing Regulation (EU) No 307/2012 (Arts. 3–5 among others — Member State request, data, assessment).
2. Part B — conditions of use and labelling (exact)
Additional labelling requirements:
• maximum number of portions for daily consumption and a warning not to consume a daily amount of 800 mg EGCG or more;
• EGCG content per portion of the food;
• the following three warnings (authentic EN wording of the act):
1. “Should not be consumed if you are consuming other products containing green tea on the same day”;
2. “Should not be consumed by pregnant or lactating women and children below 18 years old”;
3. “Should not be consumed on an empty stomach”.
Recital 13 recalls Art. 6(3) of Directive 2002/46/EC (recommended daily portion + “do not exceed”), but stresses that where several green-tea-extract foods may be consumed in one day that background rule is not enough — hence the Annex III duties.
3. Part C — scrutiny ≠ a waiver of Part B
The same substance is listed in Annex III Part C (Union scrutiny). Recitals 11–12 and Art. 8(4)–(5) of Reg. 1925/2006:
- interested parties may submit data demonstrating safety (Art. 5 of Reg. 307/2012);
- the Commission shall decide, within four years from entry into force of 2022/2340, whether to list the substance in Part A or Part B, taking account of any EFSA opinion on submitted data;
- four-year clock from EIF (21.12.2022) → decision by about 21 December 2026.
Operational point: Part C describes a further-scrutiny procedure. It does not suspend the Part B conditions already in force (<800 mg, warnings, EGCG content). Until the Commission decides, extracts in supplements sit under both entries together.
4. EFSA 2018 — scientific basis, not the Commission act
EFSA opinion of 14 March 2018 (EFSA Journal 2018;16(4):5239, DOI 10.2903/j.efsa.2018.5239) — cited in recitals 7–9, 14–16:
- traditionally prepared infusions and reconstituted drinks of equivalent composition: generally safe under the presumption of safety at Member State–reported intakes (mean ~90–300 mg EGCG/day from infusions);
- for supplements: doses ≥800 mg EGCG/day — statistically significant increase in serum transaminases (liver-injury marker) in interventional trials;
- uncertainties: no safe intake advice for the general population and subgroups; composition variability; fasting/bolus increase exposure; no intervention data for pregnancy/lactation/children under 18.
An EFSA opinion is not a Commission regulation. Market restriction flows from 2022/2340 / Annex III, not from the Journal alone.
5. Infusion vs extract vs EGCG ≥90% (novel food)
| Track | 2022/2340 scope | Key duties | Do not confuse |
|---|---|---|---|
| Traditional infusion / aqueous extract reconstitutable ≈ infusion | Footnote exclusion (*) | EFSA presumption of safety at typical reported intakes | Does not unlock 1924/2006 claims; does not replace FIC |
| Green-tea extract in supplements / foods (not ≈ infusion) | Parts B + C | <800 mg EGCG/day; max portions; EGCG content; 3 warnings | Part C ≠ free pass; Art. 6(3) 2002/46 ≠ full Annex III set |
| Highly purified EGCG ≥90% from Camellia sinensis leaves | Recital 17 — not governed as Part B “green tea extracts” | Conditions/specs of novel-food list 2017/2470 / Reg. 2015/2283 | Do not equate with any commercial “EGCG” extract blend |
Footnote (*) to both entries: excluding aqueous green tea extracts containing (−)-epigallocatechin-3-gallate which after reconstitution in beverages have a composition comparable to traditional green tea infusions. Comparability turns on reconstituted composition — not on the marketing word “tea” on a capsule.
6. What the act does not do
- does not list the substance in Part A (prohibition) — today it is Part B (restriction) + Part C (scrutiny);
- does not suspend Part B merely because Part C applies;
- does not replace GIS / national food-supplement notification duties;
- does not authorise health claims on EGCG / green tea;
- does not fold highly purified EGCG ≥90% into Part B “green tea extracts” rules (recital 17).
7. Operator checklist
- Is the SKU an infusion / aqueous ≈ infusion, an extract in FS, or NF EGCG ≥90%?
- Assay: EGCG per portion and daily total — is daily portion <800 mg?
- Label: max portions/day + warning not to consume ≥800 mg EGCG/day?
- Label: EGCG content per portion (not only “green tea extract X mg”)?
- Three warnings in the authentic language of the label (EN empty stomach / pregnancy-lactation-<18 / other green-tea products)?
- Does the team treat Part C as “still free of Part B”?
- Is Art. 6(3) 2002/46 used as a substitute for Annex III warnings?
- Does the NF ≥90% track keep its own 2017/2470 conditions — without mixing into Part B?
- Is same-day stacking with other “green tea” SKUs covered in IFU / communication?
Glossary
- EGCG
- (−)-epigallocatechin-3-gallate — principal green-tea catechin.
- Part B (Annex III 1925/2006)
- Restricted substances — here: <800 mg + labelling.
- Part C
- Substances under Union scrutiny — data gathering; Commission decision within 4 years of the listing act’s EIF.
- Art. 8 Reg. 1925/2006
- Procedure for prohibition / restriction / scrutiny of “other substances”; implementing rules: 307/2012.
- Infusion exclusion
- Footnote: aqueous extracts reconstitutable to a composition comparable to traditional infusions.
- EGCG ≥90% NF
- Highly purified green-tea leaf extract — novel-food track (2015/2283 / 2017/2470), recital 17.
Conclusion
From 21 December 2022 (with a transition until 21.06.2023 for pre-EIF stock), green-tea extracts containing EGCG — unless they fall within the infusion footnote — are subject to Part B restriction and Part C scrutiny in parallel. For supplement operators the checklist is concrete: <800 mg EGCG/day, content per portion, max portions, and three warnings (stacking / vulnerable groups / empty stomach). Part C’s four-year decision window closes around end-2026, but that is not a waiver of Part B. Infusions and highly purified EGCG ≥90% remain separate tracks.
Primary sources
- Commission Regulation (EU) 2022/2340 — CELEX 32022R2340; ELI eli/reg/2022/2340/oj; OJ L 310, 1.12.2022, pp. 7–11; EIF 21.12.2022; Art. 2 until 21.06.2023.
- Regulation (EC) No 1925/2006 — Annex III Parts B and C; Article 8.
- EFSA Journal 2018;16(4):5239 — Safety of green tea catechins; DOI 10.2903/j.efsa.2018.5239.
- Implementing Regulation (EU) No 307/2012 — Art. 8 rules (Arts. 3–5).
- Directive 2002/46/EC — Art. 6(3) (daily portion; background in recital 13).
- Implementing Regulation (EU) 2017/2470 — Union list of novel foods; EGCG ≥90% (recital 17 of 2022/2340).