1.In the areas governed by the rules provided for in this Section, those rules shall apply in addition to the other rules set out in this Regulation.
2.When [F2making regulations provided for in this Section, the appropriate authority] shall take into account the following:
(a)the experience gained by competent authorities and food and feed business operators when applying the procedures referred to in Article 5 of Regulation (EC) No 852/2004 of the European Parliament and of the Council(1) and Article 6 of Regulation (EC) No 183/2005 of the European Parliament and of the Council(2);
(b)scientific and technological developments;
(c)consumer expectations with regard to food composition and changes in patterns of consumption of food;
(d)risks to human and animal health and plant health associated with animals and goods; and
(e)information on possible intentional violations perpetrated through fraudulent or deceptive practices.
3.When [F3making regulations] provided for in this Section, and insofar as this does not prevent the achievement of the objectives pursued by the rules referred to in Article 1(2), the [F4appropriate authority] shall also take into account the following:
(a)the need to facilitate the application of the [F5regulations], taking into account the nature and the size of small businesses;
(b)the need to enable the continued use of traditional methods at any stage of production, processing or distribution of food, and the production of traditional foods; and
(c)the needs of operators situated in regions that are subject to specific geographical constraints.
Textual Amendments
F2Words in Art. 16(2) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 6(1)(a) (with reg. 46)
F3Words in Art. 16(3) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 6(1)(b)(i)(aa) (with reg. 46)
F4Words in Art. 16(3) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 6(1)(b)(i)(bb) (with reg. 46)
F5Word in Art. 16(3)(a) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 6(1)(b)(ii) (with reg. 46)
Textual Amendments
Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (OJ L 139, 30.4.2004, p. 1).
Regulation (EC) No 183/2005 of the European Parliament and of the Council of 12 January 2005 laying down requirements for feed hygiene (OJ L 35, 8.2.2005, p. 1).