4. In regulation 3 (restrictions on sale) –
(a)in paragraph (1) there shall be inserted at the beginning “Subject to paragraph (5),”;
(b)in paragraph (2), for “paragraph (1)” there shall be substituted “this regulation”; and
(c)there shall be inserted at the end the following paragraph –
“(5) The restrictions in paragraph (1) shall not apply until 1st January 2007 in the case of a substance falling within one of the categories mentioned in paragraph (2) and listed under that category in Schedule 3 if –
(a)the European Food Safety Authority has not given an unfavourable opinion in respect of the use of that substance in the manufacture of any designated PNU food; and
(b)that substance was used in the manufacture of a food for a particular nutritional use which was on sale in the European Community on 11th February 2004.”.