Within three months of receiving the opinion of the Authority, the appropriate authority must take the decision whether to F3authorise the primary product, taking account of the opinion of the Authority, the requirements of Article 4(1), any relevant provisions of F4assimilated law and other legitimate factors relevant to the matter under consideration. The appropriate authority must F5specify the date on which the authorisation (if it is a decision to authorise) is to have effect, and inform the Authority and the applicant of its decision without delay. Where the decision is not in accordance with the opinion of the Authority, the appropriate authority must provide an explanation for the differences to the Authority and to the applicant.

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After an authorisation has been issued in accordance with this Regulation, the authorisation holder or any other food business operator using the authorised primary product or derived smoke flavourings shall comply with any condition or restriction attached to such authorisation.

The authorisation holder shall inform the F7Authority immediately of any new scientific or technical information which might affect the assessment of the safety of the authorised primary product or derived smoke flavourings in relation to human health. If necessary, the Authority shall then review the assessment.

The granting of an authorisation shall not diminish the general civil and criminal liability of any food business operator in respect of the authorised primary product, derived smoke flavouring or food containing the authorised primary product or derived smoke flavouring.