- Latest available (Revised)
- Original (As adopted by EU)
Commission Implementing Regulation (EU) 2018/456 of 19 March 2018 on the procedural steps of the consultation process for determination of novel food status in accordance with Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foods (Text with EEA relevance)
When the UK left the EU, legislation.gov.uk published EU legislation that had been published by the EU up to IP completion day (31 December 2020 11.00 p.m.). On legislation.gov.uk, these items of legislation are kept up-to-date with any amendments made by the UK since then.
Legislation.gov.uk publishes the UK version. EUR-Lex publishes the EU version. The EU Exit Web Archive holds a snapshot of EUR-Lex’s version from IP completion day (31 December 2020 11.00 p.m.).
There are currently no known outstanding effects for the Commission Implementing Regulation (EU) 2018/456, Article 9.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
1.Food business operators may request the [F1Food Safety Authority] to agree that the disclosure of certain information submitted as part of the consultation request needs to benefit from confidential treatment where disclosure of such information may harm their competitive position.
2.For the purpose of paragraph 1, food business operators shall indicate to the [F1Food Safety Authority] the parts of the information provided that they wish to be treated as confidential and provide all the necessary details to substantiate their request for confidentiality.
3.The [F1Food Safety Authority] shall inform the food business operator of its views on which parts of the information are to remain confidential.
However, confidentiality shall not apply to the following information:
(a)the name and address of the applicant;
(b)the name and description of the food;
(c)a summary of the studies submitted by the applicant;
(d)where appropriate, the analysis method(s).
F24.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5.After being informed pursuant to paragraph 3, the food business operator may withdraw its consultation request within 3 weeks during which the confidentiality of the information provided shall be observed.
6.The [F3Food Safety Authority ] shall take necessary measures to ensure appropriate confidentiality of the information referred to in paragraphs 3 and received by [F4it] under this Regulation, except for information which is required to be made public in order to protect human health.
7.Where a food business operator withdraws or has withdrawn its consultation request in accordance with paragraph 5, [F5the Food Safety Authority must not] disclose information for which confidentiality was requested by the food business operator pursuant to paragraph 1.
8.The application of paragraphs 1 to 7 shall not affect the exchange of information between the [F6Food Safety Authority and the appropriate authority] necessary to consider the consultation requests submitted under this Regulation.
Textual Amendments
F1Words in Art. 9 substituted (31.12.2020) by The Novel Food (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/702), regs. 1, 73(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Art. 9(4) omitted (31.12.2020) by virtue of The Novel Food (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/702), regs. 1, 73(b); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 9(6) substituted (31.12.2020) by The Novel Food (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/702), regs. 1, 73(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
F4Word in Art. 9(6) substituted (31.12.2020) by The Novel Food (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/702), regs. 1, 73(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 9(7) substituted (31.12.2020) by The Novel Food (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/702), regs. 1, 73(d); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Art. 9(8) substituted (31.12.2020) by The Novel Food (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/702), regs. 1, 73(e); 2020 c. 1, Sch. 5 para. 1(1)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As adopted by EU): The original version of the legislation as it stood when it was first adopted in the EU. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different versions taken from EUR-Lex before exit day and during the implementation period as well as any subsequent versions created after the implementation period as a result of changes made by UK legislation.
The dates for the EU versions are taken from the document dates on EUR-Lex and may not always coincide with when the changes came into force for the document.
For any versions created after the implementation period as a result of changes made by UK legislation the date will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. For further information see our guide to revised legislation on Understanding Legislation.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: