Regulation (EC) No 1332/2008 of the European Parliament and of the CouncilDangos y teitl llawn

CHAPTER V U.K. TRANSITIONAL AND FINAL PROVISIONS

Article 17 U.K. Establishment of the [F1 domestic] list of food enzymes

1. The [F2 domestic] list of food enzymes shall be drawn up on the basis of applications made pursuant to paragraph 2.

2. Interested parties may submit applications for the inclusion of a food enzyme in the [F3 domestic] list.

[F4 The deadline for submitting such applications is to be prescribed by the appropriate authority.]

3. The [F5 Authority] shall establish a Register of all food enzymes to be considered for inclusion in the [F6 domestic] list in respect of which an application complying with the validity criteria to be laid down in accordance with Article 9(1) of Regulation (EC) No 1331/2008 [establishing a common authorisation procedure for food additives, food enzymes and food flavourings] has been submitted in accordance with paragraph 2 of this Article (hereinafter referred to as the Register). The Register shall be made available to the public.

The [F7 appropriate authority] shall submit the applications to the Authority for its opinion.

4. The [F8 domestic] list shall be adopted by the [F9 appropriate authority] in accordance with the procedure laid down in Regulation (EC) No 1331/2008 [establishing a common authorisation procedure for food additives, food enzymes and food flavourings], once the Authority has issued an opinion on each food enzyme included in the Register.

However, by way of derogation from that procedure:

(a) Article 5(1) of Regulation (EC) No 1331/2008 [establishing a common authorisation procedure for food additives, food enzymes and food flavourings] shall not apply to the Authority's adoption of its opinion;

(b) the [F10 appropriate authority] shall adopt the [F11 domestic] list for the first time after the Authority has delivered its opinion on all the food enzymes listed in the Register.

5. If necessary, any appropriate transitional measures for the purposes of this Article which are designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, [F12 are to be prescribed by the appropriate authority].

Textual Amendments

F1 Word in Art. 17 heading substituted (31.12.2020) by The Food Additives, Flavourings, Enzymes and Extraction Solvents (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/860), regs. 1, 74; 2020 c. 1, Sch. 5 para. 1(1)

F2 Word in Art. 17(1) substituted (31.12.2020) by The Food Additives, Flavourings, Enzymes and Extraction Solvents (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/860), regs. 1, 75(a); 2020 c. 1, Sch. 5 para. 1(1)

F3 Word in Art. 17(2) substituted (31.12.2020) by The Food Additives, Flavourings, Enzymes and Extraction Solvents (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/860), regs. 1, 75(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 17(2) substituted (31.12.2020) by The Food Additives, Flavourings, Enzymes and Extraction Solvents (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/860), regs. 1, 75(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F5 Word in Art. 17(3) substituted (31.12.2020) by The Food Additives, Flavourings, Enzymes and Extraction Solvents (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/860), regs. 1, 75(c)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F6 Word in Art. 17(3) substituted (31.12.2020) by The Food Additives, Flavourings, Enzymes and Extraction Solvents (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/860), regs. 1, 75(c)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 17(3) substituted (31.12.2020) by The Food Additives, Flavourings, Enzymes and Extraction Solvents (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/860), regs. 1, 75(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F8 Word in Art. 17(4) substituted (31.12.2020) by The Food Additives, Flavourings, Enzymes and Extraction Solvents (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/860), regs. 1, 75(d)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 17(4) substituted (31.12.2020) by The Food Additives, Flavourings, Enzymes and Extraction Solvents (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/860), regs. 1, 75(d)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Art. 17(4)(b) substituted (31.12.2020) by The Food Additives, Flavourings, Enzymes and Extraction Solvents (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/860), regs. 1, 75(d)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F11 Word in Art. 17(4)(b) substituted (31.12.2020) by The Food Additives, Flavourings, Enzymes and Extraction Solvents (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/860), regs. 1, 75(d)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in Art. 17(5) substituted (31.12.2020) by The Food Additives, Flavourings, Enzymes and Extraction Solvents (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/860), regs. 1, 75(e); 2020 c. 1, Sch. 5 para. 1(1)

Article 18 U.K. Transitional measures

1. Notwithstanding Articles 7 and 17 of this Regulation, the [F13 domestic] list shall, when drawn up, include the following food enzymes:

(a) E 1103 Invertase and E 1105 Lysozyme, stating the conditions governing their use as specified in Annex I and Part C of Annex III to Directive 95/2/EC;

(b) Urease, beta-glucanase and lysozyme for use in wine in accordance with Regulation (EC) No 1493/1999 and the implementing rules for that Regulation.

2. Food enzymes, food enzyme preparations and food containing food enzymes placed on the market or labelled before 20 January 2010 which do not comply with the provisions of Articles 10 to 12 may be marketed until their date of minimum durability or use-by-date.

Textual Amendments

F13 Word in Art. 18 substituted (31.12.2020) by The Food Additives, Flavourings, Enzymes and Extraction Solvents (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/860), regs. 1, 76; 2020 c. 1, Sch. 5 para. 1(1)

Article 19 U.K. Amendments to Directive 83/417/EEC

In Directive 83/417/EEC, in Annex I, Section III(d), the indents shall be replaced by the following:

• ‘rennet meeting the requirements of Regulation (EC) No 1332/2008 of the European Parliament and of the Council of 16 December 2008 on food enzymes(1);

• other milk-coagulating enzymes meeting the requirements of Regulation (EC) No 1332/2008.’

Article 20 U.K. Amendment to Regulation (EC) No 1493/1999

In Regulation (EC) No 1493/1999, the following paragraph shall be added to Article 43:

‘3. Enzymes and enzymatic preparations used in the authorised oenological practices and processes listed in Annex IV shall meet the requirements of Regulation (EC) No 1332/2008 of the European Parliament and of the Council of 16 December 2008 on food enzymes(2).’

Article 21 U.K. Amendments to Directive 2000/13/EC

Directive 2000/13/EC is hereby amended as follows:

1.

Article 6(4) shall be amended as follows:

(a)

point (a) shall be replaced by the following:

‘(a)

“Ingredient” shall mean any substance, including additives and enzymes, used in the manufacture or preparation of a foodstuff and still present in the finished product, even if in altered form.’;

(b)

in point (c)(ii), the introductory word ‘additives’ shall be replaced by ‘additives and enzymes’;

(c)

in point (c)(iii), the words ‘additives or flavouring’ shall be replaced by ‘additives or enzymes or flavourings’;

2.

the following indent shall be added to Article 6(6):

• ‘enzymes other than as referred to in paragraph 4(c)(ii) shall be designated by the name of one of the categories of ingredients listed in Annex II, followed by their specific name,’.

Article 22 U.K. Amendments to Directive 2001/112/EC

In Directive 2001/112/EC, in Annex I, Section II(2), the fourth, fifth and sixth indents shall be replaced by the following:

• ‘Pectolytic enzymes meeting the requirements of Regulation (EC) No 1332/2008 of the European Parliament and of the Council of 16 December 2008 on food enzymes(3);

• Proteolytic enzymes meeting the requirements of Regulation (EC) No 1332/2008;

• Amylolytic enzymes meeting the requirements of Regulation (EC) No 1332/2008.’

F14 Article 23 U.K. Amendment to Regulation (EC) No 258/97

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 Implicitly repealed by virtue of Regulation (EU) 2015/2283 of the European Parliament and of the Council of 25 November 2015 on novel foods, amending Regulation (EU) No 1169/2011 of the European Parliament and of the Council and repealing Regulation (EC) No 258/97 of the European Parliament and of the Council and Commission Regulation (EC) No 1852/2001 (Text with EEA relevance), Art. 34 (with Art. 35)

Article 24 U.K. Entry into force

This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.

Article 4 shall apply from the date of application of the [F15 domestic] list. Until that date, national provisions in force concerning the placing on the market and use of food enzymes and food produced with food enzymes shall continue to apply F16 ....

Articles 10 to 13 shall apply from 20 January 2010.

Textual Amendments

F15 Word in Art. 24 substituted (31.12.2020) by The Food Additives, Flavourings, Enzymes and Extraction Solvents (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/860), regs. 1, 77(i); 2020 c. 1, Sch. 5 para. 1(1)

F16 Words in Art. 24 omitted (31.12.2020) by virtue of The Food Additives, Flavourings, Enzymes and Extraction Solvents (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/860), regs. 1, 77(ii); 2020 c. 1, Sch. 5 para. 1(1)

(1)

OJ L 354, 31.12.2008, p. 7.’

(2)

OJ L 354, 31.12.2008, p. 7.’

(3)

OJ L 354, 31.12.2008, p. 7.’