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CHAPTER IVHEALTH CLAIMS

Article 17Community authorisation

1.Within three months after receiving the opinion of the Authority, the Commission shall submit to the Committee referred to in Article 22(2) a draft decision on the lists of permitted health claims, taking into account the opinion of the Authority, any relevant provisions of Community law and other legitimate factors relevant to the matter under consideration. Where the draft Decision is not in accordance with the opinion of the Authority, the Commission shall provide an explanation for the differences.

2.Any draft decision to amend the lists of permitted health claims shall include the particulars referred to in Article 16(4).

3.A final decision on the application shall be adopted in accordance with the procedure referred to in Article 24(2).

4.The Commission shall, without delay, inform the applicant of the decision taken and publish details of the decision in the Official Journal of the European Union.

5.Health claims included in the lists provided for in Articles 13 and 14 may be used, in conformity with the conditions applying to them, by any food business operator, if they are not restricted for use in accordance with the provisions of Article 20.

6.The granting of authorisation shall not lessen the general civil and criminal liability of any food business operator in respect of the food concerned.