Commission Implementing Regulation (EU) 2017/2468Dangos y teitl llawn

Article 1 U.K. Scope and subject matter

This Regulation lays down rules for the implementation of Article 20 of Regulation (EU) 2015/2283 as regards the administrative and scientific requirements concerning traditional foods from third countries and transitional measures referred to in Article 35(3) of that Regulation.

It applies to notifications and applications as referred to in Articles 14 and 16 of Regulation (EU) 2015/2283.

Article 2 U.K. Definitions

In addition to the definitions laid down in Articles 2 and 3 of Regulation (EC) No 178/2002 of the European Parliament and of the Council(1) and Regulation (EU) 2015/2283, the following definitions shall apply:

(a)

‘notification’ means a stand-alone dossier containing the information and the scientific data submitted in accordance with Article 14 of Regulation (EU) 2015/2283.

(b)

‘application’ means a stand-alone dossier containing the information and the scientific data submitted in accordance with Article 16 of Regulation (EU) 2015/2283.

Article 3 U.K. Structure, content and presentation of a notification

1. A notification shall be submitted electronically to the [F1 appropriate authority] and shall consist of the following:

(a) a cover letter;

(b) a technical dossier;

(c) a summary of the dossier.

2. The cover letter referred to in paragraph 1(a) shall be drafted in accordance with the template provided in Annex I.

3. The technical dossier referred to in paragraph 1(b) shall contain:

(a) the administrative data as provided for in Article 5;

(b) the scientific data as provided for in Article 6.

4. Where the applicant submits a notification to modify the conditions of use, the specifications, specific labelling requirements or post-market monitoring requirements of an authorised traditional food from a third country, it may not be necessary for the applicant to provide all the data required under Article 6 where the applicant provides verifiable justification explaining that the proposed changes do not affect the results of the existing safety assessment.

5. The summary of the dossier referred to in paragraph 1(c) shall provide evidence that the use of a traditional food from a third country complies with the conditions laid down in Article 7 of Regulation (EU) 2015/2283.

Textual Amendments

F1 Words in Art. 3(1) substituted (31.12.2020) by The Novel Food (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/702), regs. 1, 41; 2020 c. 1, Sch. 5 para. 1(1)

Article 4 U.K. Structure, content and presentation of an application

1. An application shall be submitted electronically to the [F2 appropriate authority] and shall consist of the following:

(a) a cover letter;

(b) a technical dossier;

(c) a summary of the dossier;

(d) duly reasoned safety objections referred to in Article 15(2) of Regulation (EU) 2015/2283;

(e) the applicant's response to duly reasoned safety objections.

2. The cover letter referred to in paragraph 1(a) shall be drafted in accordance with the template provided in Annex II.

3. The technical dossier referred to in paragraph 1(b) shall contain:

(a) the administrative data as provided for in Article 5;

(b) the scientific data as provided for in Article 6.

4. Where the applicant submits an application to modify the conditions of use, the specifications, specific labelling requirements or post-market monitoring requirements of an authorised traditional food from a third country, it may not be necessary for the applicant to provide all the data required under Article 6 where the applicant provides verifiable justification explaining that the proposed changes not affect the results of the existing safety assessment.

5. The summary of the dossier referred to in paragraph 1(c) shall provide evidence that the use of a traditional food from a third country complies with the conditions laid down in Article 7 of Regulation (EU) 2015/2283.

Textual Amendments

F2 Words in Art. 4(1) substituted (31.12.2020) by The Novel Food (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/702), regs. 1, 42; 2020 c. 1, Sch. 5 para. 1(1)

Article 5 U.K. Administrative data to be provided in a notification or an application

In addition to the information set out in Article 14 of Regulation (EU) 2015/2283, the notifications and the applications shall include the following administrative data:

(a)

the name, address and contact details of the person responsible for the dossier authorised to communicate on behalf of the applicant with the [F3 appropriate authority];

(b)

the date of submission of the dossier;

(c)

a table of contents of the dossier;

(d)

a detailed list of documents annexed to the dossier, including references to titles, volumes and pages;

(e)

a list of the parts of the dossier to be treated as confidential in accordance with Article 23 of Regulation (EU) 2015/2283 and the rules set out in Annex III to this Regulation.

Textual Amendments

F3 Words in Art. 5(a) substituted (31.12.2020) by The Novel Food (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/702), regs. 1, 43; 2020 c. 1, Sch. 5 para. 1(1)

Article 6 U.K. Scientific data to be provided in a notification or an application

1. The dossier submitted in support of a notification or an application for the authorisation of a traditional food from a third country shall enable a history of safe use of the traditional food from a third country to be assessed.

2. The applicant shall provide a copy of the documentation on the procedure followed when gathering the data.

3. The applicant shall provide a description of the safety evaluation strategy and shall justify the inclusion and exclusion of specific studies or information.

4. The applicant shall propose an overall conclusion on the safety of the proposed uses of the traditional food from a third country. The overall evaluation of potential risk to human health shall be made in the context of known or likely human exposure.

Article 7 U.K. Verification of the validity of a notification

1. On receipt of a notification of a traditional food from a third country, the [F4 appropriate authority must] without delay verify whether the food concerned falls within the scope of Regulation (EU) 2015/2283 and whether the notification fulfils the requirements set out in Articles 3, 5 and 6 of this Regulation.

2. The [F5 appropriate authority] may request additional information from the applicant as regards the validity of the notification and inform the applicant of the period within which that information shall be provided.

3. By way of derogation from paragraph 1 of this Article and without prejudice to Article 14 of Regulation (EU) 2015/2283, a notification may be considered valid even if it does not contain all the elements required under Articles 3, 5 and 6 of this Regulation, provided that the applicant has submitted verifiable justification for each missing element.

4. The [F6 appropriate authority must inform the applicant] of the reasons why the notification is considered not valid.

Textual Amendments

F4 Words in Art. 7(1) substituted (31.12.2020) by The Novel Food (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/702), regs. 1, 44(a) (as substituted by S.I. 2020/1504, regs. 1(2), 15(12)); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 7(2) substituted (31.12.2020) by The Novel Food (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/702), regs. 1, 44(b) (as substituted by S.I. 2020/1504, regs. 1(2), 15(12)); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 7(4) substituted (31.12.2020) by The Novel Food (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/702), regs. 1, 44(c) (as substituted by S.I. 2020/1504, regs. 1(2), 15(12)); 2020 c. 1, Sch. 5 para. 1(1)

Article 8 U.K. Verification of the validity of an application

1. On receipt of an application for the authorisation of a traditional food from a third country the [F7 Food Safety Authority] shall without delay verify whether the application fulfils the requirements of Articles 4 to 6.

2. The [F7 Food Safety Authority] may request additional information from the applicant on matters regarding the validity of the application and inform the applicant of the period within which that information shall be provided.

3. By way of derogation from paragraph 1 of this Article and without prejudice to Article 16 of Regulation (EU) 2015/2283, an application may be considered valid even if it does not contain all the elements required under Articles 4 to 6 of this Regulation, provided that the applicant has submitted verifiable justification for each missing element.

4. The [F7 Food Safety Authority] shall inform the applicant, F8 ... whether the application is considered valid or not. If the application is not considered valid, the [F7 Food Safety Authority] shall indicate the reasons why it is not valid.

Textual Amendments

F7 Words in Art. 8 substituted (31.12.2020) by The Novel Food (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/702), regs. 1, 45(a); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 8(4) omitted (31.12.2020) by virtue of The Novel Food (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/702), regs. 1, 45(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 9 U.K. Duly reasoned safety objections

1. On receipt of a valid notification, consultation between the [F9 appropriate authority and the Food Safety Authority] may be carried out in the first three months of the period established in Article 15(2) of Regulation (EU) 2015/2283.

[F10 2. The duly reasoned safety objections submitted by the Food Safety Authority to the appropriate authority in accordance with Article 15(2) of Regulation (EU) 2015/2283 must include the following information—

(a) the name and description of the traditional food from a third country;

(b) a scientific statement indicating why the traditional food from a third country may pose a safety risk to human health.]

Textual Amendments

F9 Words in Art. 9(1) substituted (31.12.2020) by The Novel Food (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/702), regs. 1, 46(a); 2020 c. 1, Sch. 5 para. 1(1)

F10 Art. 9(2) substituted (31.12.2020) by The Novel Food (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/702), regs. 1, 46(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 10 U.K. Information to be included in the opinion of the Authority

1. The opinion of the Authority shall include the following information:

(a) the identity and characterisation of the traditional food from a third country;

(b) the assessment of the history of safe use in a third country;

(c) an overall risk assessment establishing if possible the safety of the traditional food from a third country and highlighting uncertainties and limitations where relevant;

(d) conclusions.

2. The [F11 appropriate authority] may ask for additional information in its request for an opinion of the Authority.

Textual Amendments

F11 Words in Art. 10(2) substituted (31.12.2020) by The Novel Food (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/702), regs. 1, 47; 2020 c. 1, Sch. 5 para. 1(1)

Article 11 U.K. Transitional measures

The notifications as referred to in Article 35(2) of Regulation (EU) 2015/2283 shall be submitted to the [F12 appropriate authority] not later than 1 January 2019.

Textual Amendments

F12 Words in Art. 11 substituted (31.12.2020) by The Novel Food (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/702), regs. 1, 48; 2020 c. 1, Sch. 5 para. 1(1)

Article 12 U.K. Entry into force and application

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

F13 ...

Done at Brussels, 20 December 2017.

For the Commission

The President

Jean-Claude Juncker

Textual Amendments

F13 Words in Signature omitted (31.12.2020) by virtue of The Novel Food (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/702), regs. 1, 49; 2020 c. 1, Sch. 5 para. 1(1)