The Nutrition (Amendment etc.) (EU Exit) Regulations 2019

Amendment of Commission Implementing Regulation (EU) No 307/2012

43.—(1) Commission Implementing Regulation (EU) No 307/2012 of 11 April 2012 establishing implementing rules for the application of Article 8 of Regulation (EC) No 1925/2006 of the European Parliament and of the Council on the addition of vitamins and minerals and of certain other substances to foods is amended as follows.

(2) In Article 2 (definitions)—

(a) omit the definition of “request”;

(b) in the definition of “file”, for “the Authority”, substitute “an expert committee”.

(c) after the definition of “placing on the market” insert–

“(d) ‘appropriate authority’ and ‘expert committee’ have the same meaning as in Regulation (EC) 1925/2006 of the European Parliament and of the Council of 20 December 2006 on the addition of vitamins and minerals and of certain other substances to food.”.

(3) In Article 3 (conditions to be met for the request)—

(a) in paragraph 1—

(i) for “the assessment of” substitute “assessing”;

(ii) for “Member States” substitute “parts of the United Kingdom”;

(b) in paragraph 2, for “Member States may submit a request to the Commission when the assessment referred to in paragraph 1” substitute “The power to make regulations under Article 8 of Regulation (EC) No 1925/2006 may be exercised where the assessment referred to in paragraph 1”;

(c) omit paragraph 4.

(4) In Article 4 (content of the Request)—

(a) for the heading substitute “Evidence required for the purposes of advice by an expert committee under Article 8 of Regulation 1925/2006”;

(b) in paragraph 1—

(i) for “The request shall contain” substitute “In preparing advice for the purpose of Article 8 of Regulation (EC) No 1925/2006, the Committee shall consider ;

(ii) for “and shall include” substitute “, including”;

(iii) omit the final sentence of point (b).

(c) omit paragraph 2;

(d) for paragraph 3 substitute—

“3.   Where an expert committee is asked to provide advice for the purposes of Article 8 of Regulation (EC) No 1925/2006, it shall make public the evidence referred to in paragraph 1.”;

(e) in paragraph 4—

(i) omit the first sentence;

(ii) for “Authority” substitute “expert committee”;

(f) in paragraph 5—

(i) for “Commission” substitute “appropriate authority”;

(ii) for “Authority” substitute “expert committee”;

(iii) after “opinion” insert “, except in cases of urgency”.

(5) In Article 5 (substance included in Annex III, Part C)—

(a) for “Authority” in each place it appears substitute “expert committee”;

(b) for “Commission” substitute “appropriate authority”.

(6) In Article 6 (opinion of the Authority)—

(a) for “Authority” in the heading and in each place it appears in paragraphs 1 and 2, substitute “expert committee”;

(b) for “Authority’s” substitute “expert committee’s”.

(7) Omit Article 7.