The Food Additives, Flavourings, Enzymes and Extraction Solvents (Amendment etc.) (EU Exit) Regulations 2019

Statutory Instruments

2019 No. 860

Exiting The European Union

Food

The Food Additives, Flavourings, Enzymes and Extraction Solvents (Amendment etc.) (EU Exit) Regulations 2019

Made

10th April 2019

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 M1 .

In accordance with paragraph (1) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

As required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety there has been open and transparent public consultation during the preparation of these Regulations.

Marginal Citations

M1 2018 c. 16.

PART 1 U.K. Introduction

Citation and commencement U.K.

1.  These Regulations may be cited as the Food Additives, Flavourings, Enzymes and Extraction Solvents (Amendment etc.) (EU Exit) Regulations 2019 and come into force on the later of exit day or the day after the day on which they are made.

Commencement Information

I1 Reg. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

PART 2 E+W Amendment of subordinate legislation

Amendment of the Food Additives, Flavourings, Enzymes and Extraction Solvents (England) Regulations 2013 E+W

2.  The Food Additives, Flavourings, Enzymes and Extraction Solvents (England) Regulations 2013 M2 are amended as follows.

Commencement Information

I2 Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M2 S.I. 2013/2210, to which there is an amendment not relevant to these Regulations.

[F1 3.   In regulation 10(b), for “the European Union” substitute “ Great Britain ”.]

Textual Amendments

F1 Reg. 3 substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 18(2)

Commencement Information

I3 Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

4.  In regulation 14(1)(d) for “territory of the EU” substitute “ United Kingdom ”.

Commencement Information

I4 Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

5.  Omit regulation 15.

Commencement Information

I5 Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

6.  In Schedule 1—

(a) in Table 1 in the entry for Article 26.1 in the second column for “Commission” substitute “ Authority ”;

(b) in Table 2—

(i) in the entry for Article 21.1 (as read with Article 22) in the second column for “a language easily understandable to purchasers” substitute “ English, or in English and Welsh ”;

(ii) entry for Article 26.2 in the second column for “Commission” substitute “ Authority ”.

Commencement Information

I6 Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

7.  In Schedule 2 in Table 1—

(a) in the entry for Article 10 in the second column for “Union” substitute “ domestic ”;

(b) in the entry for Article 19.2 in the second column for “Commission” substitute “ Authority ”;

(c) in the entry for Article 19.3 in the second column for “Commission” substitute “ Authority ”.

Commencement Information

I7 Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

8.  In Schedule 3 in Table 1 in the entry for Article 9.5 in the second column for “Commission” substitute “ Authority ”.

Commencement Information

I8 Reg. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

9.  In Schedule 4 in Table 1—

(a) in the entry for Article 4 in the second column for “Union” substitute “ domestic ”;

(b) in the entry for Article 14.1 in the second column for “Commission” substitute “ Authority ”;

(c) in the entry for Article 14.2 in the second column for “Commission” substitute “ Authority ”.

Commencement Information

I9 Reg. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

PART 3 U.K. Amendment of retained direct EU legislation

Amendment of Regulation (EC) No. 2065/2003 of the European Parliament and of the Council on smoke flavourings used or intended for use in or on foods U.K.

10.  Regulation (EC) No. 2065/2003 of the European Parliament and of the Council on smoke flavourings used or intended for use in or on foods is amended as follows.

Commencement Information

I10 Reg. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

11.  In Article 1—

(a) in paragraph 1 omit “internal”;

(b) in paragraph 2—

(i) in point (a) omit “Community”;

(ii) for point (b) substitute—

“(b) a procedure for the establishment of a list of authorised primary smoke condensates and primary tar fractions and their conditions of use in or on foods.”.

Commencement Information

I11 Reg. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

12.  In Article 3 at the end insert—

“5.   “Authority” means—

(a) as regards [F2 England and Wales] , the Food Standards Agency;

(b) as regards Scotland, Food Standards [F3 Scotland]

6.   “prescribe”, means prescribe by regulations;

7.   “appropriate authority” means—

(a) in relation to England, the Secretary of State;

(b) in relation to Wales, the Welsh Ministers;

(c) in relation to Scotland, the Scottish Ministers;

F4 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8.   “Regulation 1321/2013” means Commission Implementing Regulation (EU) No. 1321/2013 establishing the Union list of authorised smoke flavouring primary products for use as such in or on foods and/or for the production of derived smoke flavourings;

F5 9.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.

Textual Amendments

F2 Words in reg. 12 substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 18(3)(a)(i)

F3 Word in reg. 12 substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 18(3)(a)(ii)

F4 Words in reg. 12 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 18(3)(b)

F5 Words in reg. 12 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 18(3)(c)

Commencement Information

I12 Reg. 12 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

13.  In Article 5(3)—

(a) for “Community legislation” substitute “ retained EU law ”;

(b) omit the second sentence.

Commencement Information

I13 Reg. 13 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

14.  In the heading to Article 6 omit “Community”.

Commencement Information

I14 Reg. 14 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

15.  In Article 6—

(a) in paragraph 1—

(i) omit “in the Community”;

(ii) omit “in accordance with the procedure referred to in Article 19(2)”;

(b) for paragraph 3 substitute—

“3.   “Following the establishment of the list referred to in paragraph 1, the appropriate authority may prescribe the addition of primary products to that list.”.

Commencement Information

I15 Reg. 15 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

16.  In Article 7(2)—

(a) in point (a) for “competent authority of a Member State” substitute “ appropriate authority ”;

(b) for point (b) substitute—

“(b) The appropriate authority must acknowledge receipt of the application in writing to the applicant within 14 days of its receipt. The acknowledgement must state the date of receipt of the application;”;

[F6 (c) for point (c) substitute—

“(c) The appropriate authority must inform the Authority of the application without delay and make the application and any supporting information supplied by the applicant available to the Authority.”.]

Textual Amendments

F6 Reg. 16(c) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 18(4)

Commencement Information

I16 Reg. 16 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

17.  In Article 8—

(a) in paragraph 1 in the third sentence omit “, the Commission and the Member States”;

(b) in paragraph 3 in point (b) omit “the Commission and the Member States”;

(c) in paragraph 5 for “Commission, the Member States” substitute “ appropriate authority ”.

Commencement Information

I17 Reg. 17 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

18.  In the heading to Article 9 omit “Community”.

Commencement Information

I18 Reg. 18 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

19.  In Article 9—

(a) for paragraphs 1 and 2 substitute—

“1.   Within three months of receiving the opinion of the Authority, the appropriate authority must take the decision whether to include a primary product in the list referred to in Article 6(1), taking account of the opinion of the Authority, the requirements of Article 4(1), any relevant provisions of retained EU law and other legitimate factors relevant to the matter under consideration. The appropriate authority must inform 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.

2.   Where the appropriate authority decides to include a primary product in the list referred to in Article 6(1) it must prescribe the addition of that product to the list together with the details referred to in Article 6(2) and amend Regulation 1321/2013.”;

(b) in paragraph 3 omit “throughout the Community”;

(c) in paragraph 5 for “Commission” substitute “ Authority ”.

Commencement Information

I19 Reg. 19 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

20.  Omit Article 10.

Commencement Information

I20 Reg. 20 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

21.  In Article 11—

(a) in paragraph 2 omit “On its own initiative or following a request from a Member State or the Commission,”;

(b) for paragraph 3 substitute—

“3.   The appropriate authority must examine the opinion of the Authority without delay and take the decision whether to modify the entry for that authorisation.”;

(c) for paragraph 4 substitute—

“4.   Where the appropriate authority decides to modify the entry for that authorisation it must prescribe the modification of the entry for that product on the list and amend Regulation 1321/2013.”;

(d) omit paragraph 5;

(e) in paragraph 6 for “Commission” substitute “ Authority ”.

Commencement Information

I21 Reg. 21 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

22.  In Article 12—

(a) in paragraph 1 for “Commission” substitute “ Authority ”;

(b) in paragraph 2(b) after “Authority” insert “ , or provided to the European Food Safety Authority, if provided before [F7 IP completion day], ”;

(c) in paragraph 4—

(i) for “Commission” substitute “ Authority ”;

(ii) omit “and the Member States”.

Textual Amendments

F7 Words in reg. 22(b) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 18(5)

Commencement Information

I22 Reg. 22 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

23.  In Article 13 (4) for “Community legislation” substitute “ retained EU law ”.

Commencement Information

I23 Reg. 23 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

24.  Omit Article 14.

Commencement Information

I24 Reg. 24 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

25.  In Article 15—

(a) in paragraph 2—

(i) for “Commission” substitute “ Authority ”;

(ii) omit “and the Authority”;

(b) in paragraph 4, for “Commission and the Member States” substitute “ appropriate authority ”;

(c) in paragraph 5 for “Commission, the Authority and the Member States” substitute “ appropriate authority and the Authority ”;

(d) in paragraph 6—

(i) for “the Commission and the Member States” substitute “ and the appropriate authority ”;

(ii) for “Commission” substitute “ Authority ”.

Commencement Information

I25 Reg. 25 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

26.  In Article 17—

(a) in paragraph 1 for “Member States” substitute “ The Authority ”;

(b) in paragraph 2 for “Commission” substitute “ appropriate authority ”;

[F8 (c) for paragraph 3 substitute—

“(3) The appropriate authority may, taking account of available scientific evidence, supplement this Regulation by prescribing quality criteria for validated analytical methods referred to in point 4 of Annex 2, including substances to be measured.”.]

Textual Amendments

F8 Reg. 26(c) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 18(6)

Commencement Information

I26 Reg. 26 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

[F9 27.   The appropriate authority may, following a request to the Authority for scientific and/or technical assistance, prescribe amendments to—

(a) the Annexes; and

(b) the list referred to in Article 6(1).]

Textual Amendments

F9 Reg. 27 substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 18(7)

Commencement Information

I27 Reg. 27 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

[F10 28.   Omit Articles 18a and 19.]

Textual Amendments

F10 Reg. 28 substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 18(8)

Commencement Information

I28 Reg. 28 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

29.  Insert a new Article 19A—

“Article 19A U.K. Regulations and devolved powers

1.   Any power to make regulations under this Regulation—

(a) so far as exercisable by a Minister of the Crown, is exercisable by statutory instrument;

(b) so far as exercisable by the Welsh Ministers, is exercisable by statutory instrument;

F11 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.   Any power to make regulations under this Regulation includes power—

(a) to make different provision in relation to different cases or classes of case (including different provision for different areas or different classes of business);

(b) to provide for such exceptions, limitations and conditions, and to make such supplementary, incidental, consequential or transitional provisions, as the appropriate authority considers necessary or expedient.

3.   [F12 Any statutory instrument or Scottish statutory instrument] containing regulations under this Regulation is subject to annulment in pursuance of a resolution—

(a) in the case of England, of either House of Parliament;

(b) in the case of Wales, of [F13 Senedd Cymru];

(c) in the case of Scotland, of the Scottish Parliament;

F14 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.   In this Regulation, any power—

(a) of the Secretary of State to make regulations is limited to regulations which apply in relation to England only;

(b) of the Welsh Ministers to make regulations is limited to regulations which apply in relation to Wales only;

(c) of the Scottish Ministers to make regulations is limited to regulations which apply in relation to Scotland only;

F15 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.

Textual Amendments

F11 Words in reg. 29 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 18(9)(a)

F12 Words in reg. 29 substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 18(9)(b)(i)

F13 Words in reg. 29 substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 18(9)(b)(ii)

F14 Words in reg. 29 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 18(9)(b)(iii)

F15 Words in reg. 29 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 18(9)(c)

Commencement Information

I29 Reg. 29 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

30.  After Article 21 omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Commencement Information

I30 Reg. 30 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

31.  In Annex 1 in paragraph 1 for “Community legislation” substitute “ retained EU law ”.

Commencement Information

I31 Reg. 31 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

32.  In Annex 1 in paragraph 2, in the opening words, for “Community legislation” substitute “ retained EU law ”.

Commencement Information

I32 Reg. 32 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

33.  In Annex 2 in point 6 for “Scientific Committee on Food given in its report on smoke flavourings of 25 June 1993 or its latest update” substitute “ Authority ”.

Commencement Information

I33 Reg. 33 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Commission Regulation (EC) No. 627/2006 implementing Regulation (EC) No. 2065/2003 of the European Parliament and of the Council as regards quality criteria for validated analytical methods for sampling, identification and characterisation of primary smoke products U.K.

34.  Commission Regulation (EC) No. 627/2006 implementing Regulation (EC) No. 2065/2003 of the European Parliament and of the Council as regards quality criteria for validated analytical methods for sampling, identification and characterisation of primary smoke products is amended as follows.

Commencement Information

I34 Reg. 34 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

35.  After Article 2 omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Commencement Information

I35 Reg. 35 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Regulation (EC) No. 1331/2008 of the European Parliament and of the Council establishing a common authorisation procedure for food additives, food enzymes and food flavourings U.K.

36.  Regulation (EC) No. 1331/2008 of the European Parliament and of the Council establishing a common authorisation procedure for food additives, food enzymes and food flavourings is amended as follows.

Commencement Information

I36 Reg. 36 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

37.  In Article 1—

(a) in paragraph 1 omit “within the Community”;

(b) in paragraph 2 omit “in the Community”;

(c) in paragraph 3 for “Community” substitute “ domestic ”.

Commencement Information

I37 Reg. 37 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

38.  In the heading to Article 2 for “Community” substitute “ domestic ”.

Commencement Information

I38 Reg. 38 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

39.  In Article 2—

(a) in paragraph 1

(i) omit “Community” the first time it occurs;

(ii) for “Community” substitute “ domestic ” the second time it occurs;

(iii) for the second sentence substitute “ The domestic list is to be updated by the appropriate authority. ”;

(iv) omit the third sentence;

(b) in paragraph 2 for “Community” substitute “ domestic ” each place it occurs;

(c) after paragraph 2 add—

“3.   “Authority” means—

(a) as regards [F16 England and Wales], the Food Standards Agency;

(b) as regards Scotland, Food Standards Scotland;

4.   “prescribe”, means prescribe by regulations;

5.   “appropriate authority” means—

(a) in relation to England, the Secretary of State;

(b) in relation to Wales, the Welsh Ministers;

(c) in relation to Scotland, the Scottish Ministers;

F17 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6.   “Regulation 234/2011” means Commission Implementing Regulation (EU) No. 234/2011 implementing Regulation (EC) No. 1331/2008 of the European Parliament and of the Council establishing a common authorisation procedure for food additives, food enzymes and food flavourings;

F18 7.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.

Textual Amendments

F16 Words in reg. 39(c) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 18(10)(a)

F17 Words in reg. 39(c) omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 18(10)(b)

F18 Words in reg. 39(c) omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 18(10)(c)

Commencement Information

I39 Reg. 39 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

40.  In Article 3—

(a) in paragraph 1—

(i) for “Community” substitute “ domestic ”;

(ii) for “Commission” substitute “ Authority ” the first time it occurs;

(iii) omit “by a Member State or”;

(iv) for “the implementing measures referred to in Article 9(1)(a) (hereinafter referred to as the applicant)” substitute “ Regulation 234/2011 ”;

(v) for “Commission” substitute “ appropriate authority ” the second time it occurs;

(b) in paragraph 2—

(i) for “Commission” substitute “ appropriate authority ” both places it occurs;

(ii) for “European Food Safety Authority (hereinafter referred to as the Authority)” substitute “ Authority ”;

(c) for paragraph 3 substitute—

“3.   The common procedure is to end with the appropriate authority prescribing the update, in accordance with Article 7.”;

(d) in paragraph 4 in the first subparagraph—

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

(ii) omit “the views of Member States”;

(iii) for “Community” substitute “ retained EU ”;

(e) in paragraph 4 in the second subparagraph—

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

(ii) omit “and the Member States”.

Commencement Information

I40 Reg. 40 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

41.  In Article 4—

(a) in paragraph 1—

(i) in the opening words, for “Community” substitute “ domestic ”;

(ii) in the opening words, for “Commission” substitute “ appropriate authority ”;

(iii) omit “The application shall be made available to the Member States by the Commission.”;

(b) omit paragraph 2.

Commencement Information

I41 Reg. 41 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

42.  In Article 5(2) for “Commission, the Member States” substitute “ appropriate authority ”.

Commencement Information

I42 Reg. 42 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

43.  In Article 6—

(a) in paragraph 1 omit “and shall inform the Commission” to the end of the paragraph;

(b) in paragraph 3 omit “and to the Commission”;

(c) omit paragraph 4.

Commencement Information

I43 Reg. 43 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

44.  In the heading to Article 7 for “Community” substitute “ domestic ”.

Commencement Information

I44 Reg. 44 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

45.  In Article 7—

(a) for paragraph 1 substitute—

“1.   Within nine months of receiving the opinion of the Authority, the appropriate authority must take the decision whether to update the domestic list taking into account the opinion of the Authority, any relevant provisions of retained EU law and any other legitimate factors relevant to the matter under consideration.

In those cases where the Authority has not given an opinion, the nine month period starts from the date the appropriate authority receives a valid application.”;

(b) omit paragraph 2;

(c) for paragraph 3 substitute—

“3.   Where the decision is not in accordance with the opinion of the Authority, the appropriate authority must explain the reasons for its decision.”;

(d) in paragraph 4 for “shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(3)” substitute “ may be prescribed by the appropriate authority after seeking advice from the Authority ”;

(e) in paragraph 5—

(i) for “Community” substitute “ domestic ” in both places it occurs;

(ii) for “shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(4)” substitute “ may be prescribed by the appropriate authority after seeking advice from the Authority ”;

(f) omit paragraph 6.

Commencement Information

I45 Reg. 45 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

46.  In Article 8—

(a) in paragraph 1—

(i) in the first sentence for “Commission” substitute “ Authority ”;

(ii) omit the third sentence;

(b) in paragraph 2 for “Commission” substitute “ Authority ”.

Commencement Information

I46 Reg. 46 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

47.  In Article 9—

(a) in the opening words of paragraph 1—

(i) omit “In accordance with the regulatory procedure referred to in Article 14(2), within a period of no longer than 24 months from the adoption of each sectoral food law,”;

(ii) for “shall be adopted by the Commission” substitute “ may be prescribed by the appropriate authority after seeking advice from the Authority ”;

(b) omit paragraph 2.

Commencement Information

I47 Reg. 47 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

48.  In Article 10—

(a) for “Commission” substitute “ Authority ” in both places it occurs;

(b) omit “or, where applicable, at the Authority's request”;

(c) omit “and the Member States”.

Commencement Information

I48 Reg. 48 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

49.  In Article 11 for “shall ensure the transparency of its activities in accordance with Article 38 of Regulation (EC) No 178/2002. In particular, it shall” substitute “ must ”.

Commencement Information

I49 Reg. 49 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

50.  In Article 12—

(a) in paragraph 3—

(i) for “Commission” substitute “ Authority ”:

(ii) omit “and the Member States”;

(b) in paragraph 4 for “Commission's” substitute “Authority's”;

(c) omit paragraph 5;

(d) in paragraph 6—

(i) for “Commission, the Authority and the Member States” substitute “ appropriate authority and the Authority ”;

(ii) for “Commission” substitute “ Authority ”;

(e) in paragraph 7 for “Commission, the Authority and the Member States” substitute “ appropriate authority and the Authority ”.

Commencement Information

I50 Reg. 50 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

51.  Omit Articles 13 and 14.

Commencement Information

I51 Reg. 51 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

52.  Insert a new Article 14A—

“Article 14A U.K. Regulations and devolved powers

1.   Any power to make regulations under this Regulation—

(a) so far as exercisable by a Minister of the Crown, is exercisable by statutory instrument;

(b) so far as exercisable by the Welsh Ministers, is exercisable by statutory instrument;

F19 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.   Any power to make regulations under this Regulation includes power—

(a) to make different provision in relation to different cases or classes of case (including different provision for different areas or different classes of business);

(b) to provide for such exceptions, limitations and conditions, and to make such supplementary, incidental, consequential or transitional provisions, as the appropriate authority considers necessary or expedient.

3.   [F20 Any statutory instrument or Scottish statutory instrument] containing regulations under this Regulation is subject to annulment in pursuance of a resolution—

(a) in the case of England, of either House of Parliament;

(b) in the case of Wales, of [F21 Senedd Cymru];

(c) in the case of Scotland, of the Scottish Parliament;

F22 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.   In this Regulation, any power—

(a) of the Secretary of State to make regulations is limited to regulations which apply in relation to England only;

(b) of the Welsh Ministers to make regulations is limited to regulations which apply in relation to Wales only;

(c) of the Scottish Ministers to make regulations is limited to regulations which apply in relation to Scotland only;

F23 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.

Textual Amendments

F19 Words in reg. 52 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 18(11)(a)

F20 Words in reg. 52 substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 18(11)(b)(i)

F21 Words in reg. 52 substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 18(11)(b)(ii)

F22 Words in reg. 52 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 18(11)(b)(iii)

F23 Words in reg. 52 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 18(11)(c)

Commencement Information

I52 Reg. 52 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

53.  Omit Article 15.

Commencement Information

I53 Reg. 53 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

54.  After Article 16 omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Commencement Information

I54 Reg. 54 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Regulation (EC) No. 1332/2008 of the European Parliament and of the Council on food enzymes and amending Council Directive 83/417/EEC, Council Regulation (EC) No. 1493/1999, Directive 2000/13/EC, Council Directive 2001/112/EC and Regulation (EC) No. 258/97 U.K.

55.  Regulation (EC) No. 1332/2008 of the European Parliament and of the Council on food enzymes and amending Council Directive 83/417/EEC, Council Regulation (EC) No. 1493/1999, Directive 2000/13/EC, Council Directive 2001/112/EC and Regulation (EC) No. 258/97 is amended as follows.

Commencement Information

I55 Reg. 55 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

56.  In Article 1—

(a) in the first paragraph omit “internal”;

(b) in the second paragraph at point (a) for “Community” substitute “ domestic ”.

Commencement Information

I56 Reg. 56 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

57.  In Article 2(3) omit “Community”.

Commencement Information

I57 Reg. 57 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

58.  In Article 3(2) at the end insert—

“(c) “Authority” means—

(i) as regards [F24 England and Wales], the Food Standards Agency;

(ii) as regards Scotland, Food Standards Scotland;”.

Textual Amendments

F24 Words in reg. 58 substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 18(12)

Commencement Information

I58 Reg. 58 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

59.  In the heading to Chapter 2 for “Community” substitute “ Domestic ”.

Commencement Information

I59 Reg. 59 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

60.  In the heading to Article 4 for “Community” substitute “ Domestic ”.

Commencement Information

I60 Reg. 60 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

61.  In Article 4 for “Community” substitute “ domestic ”.

Commencement Information

I61 Reg. 61 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

62.  In the heading to Article 6 for “Community” substitute “ domestic ”.

Commencement Information

I62 Reg. 62 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

63.  In Article 6 for “Community” substitute “ domestic ”.

Commencement Information

I63 Reg. 63 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

64.  In the heading to Article 7 for “Community” substitute “ domestic ”.

Commencement Information

I64 Reg. 64 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

65.  In Article 7 for “Community” substitute “ domestic ” in each place it occurs.

Commencement Information

I65 Reg. 65 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

66.  In Article 8 for “Community” substitute “ domestic ” in both places it occurs.

Commencement Information

I66 Reg. 66 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

67.  Omit Article 9.

Commencement Information

I67 Reg. 67 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

68.  In Article 10

(a) in paragraph 1 in the last sentence for “a language easily understandable to purchasers” substitute “ English, or in English and Welsh ”;

(b) omit paragraph 2.

Commencement Information

I68 Reg. 68 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

69.  In Article 11(1)(g) for “Community” substitute “ retained EU ”.

Commencement Information

I69 Reg. 69 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

70.  In Article 14—

(a) in paragraph 1 for “Commission” substitute “ Authority ”;

(b) in paragraph 2—

(i) for “European Food Safety Authority (hereinafter referred to as the Authority)” substitute “ Authority ”;

(ii) for “Commission” substitute “ Authority ”;

(c) in paragraph 3—

(i) in the first sentence for “Commission” substitute “ Authority ”.

(ii) omit the second sentence.

Commencement Information

I70 Reg. 70 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

71.  Omit Article 15.

Commencement Information

I71 Reg. 71 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

72.  Insert a new Article 15A—

“Article 15A U.K. Regulations and devolved powers

1.   Any power to make regulations under this Regulation—

(a) so far as exercisable by a Minister of the Crown, is exercisable by statutory instrument;

(b) so far as exercisable by the Welsh Ministers, is exercisable by statutory instrument;

F25 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.   Any power to make regulations under this Regulation includes power—

(a) to make different provision in relation to different cases or classes of case (including different provision for different areas or different classes of business);

(b) to provide for such exceptions, limitations and conditions, and to make such supplementary, incidental, consequential or transitional provisions, as the appropriate authority considers necessary or expedient.

3.   [F26 Any statutory instrument or Scottish statutory instrument] containing regulations under this Regulation is subject to annulment in pursuance of a resolution—

(a) in the case of England, of either House of Parliament;

(b) in the case of Wales, of [F27 Senedd Cymru];

(c) in the case of Scotland, of the Scottish Parliament;

F28 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.   In this Regulation, any power—

(a) of the Secretary of State to make regulations is limited to regulations which apply in relation to England only;

(b) of the Welsh Ministers to make regulations is limited to regulations which apply in relation to Wales only;

(c) of the Scottish Ministers to make regulations is limited to regulations which apply in relation to Scotland only;

F29 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.

Textual Amendments

F25 Words in reg. 72 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 18(13)(a)

F26 Words in reg. 72 substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 18(13)(b)(i)

F27 Words in reg. 72 substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 18(13)(b)(ii)

F28 Words in reg. 72 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 18(13)(b)(iii)

F29 Words in reg. 72 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 18(13)(c)

Commencement Information

I72 Reg. 72 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

73.  Omit Article 16.

Commencement Information

I73 Reg. 73 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

74.  In the heading to Article 17 for “Community” substitute “ domestic ”.

Commencement Information

I74 Reg. 74 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

75.  In Article 17—

(a) in paragraph 1 for “Community” substitute “ domestic ”;

(b) in paragraph 2—

(i) in the first subparagraph for “Community” substitute “ domestic ”;

(ii) for the second subparagraph substitute—

“The deadline for submitting such applications is to be prescribed by the appropriate authority.”;

(c) in paragraph 3—

(i) in the first subparagraph—

(aa) for “Commission” substitute “ Authority ”;

(bb) for “Community” substitute “ domestic ”;

(ii) in the second subparagraph for “Commission” substitute “ appropriate authority ”;

(d) in paragraph 4—

(i) in the first subparagraph—

(aa) for “Community” substitute “ domestic ”;

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

(ii) in the second subparagraph at point (b)—

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

(bb) for “Community” substitute “ domestic ”;

(e) in paragraph 5 for “shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 15(3)” substitute “ are to be prescribed by the appropriate authority ”.

Commencement Information

I75 Reg. 75 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

76.  In Article 18 for “Community” substitute “ domestic ”.

Commencement Information

I76 Reg. 76 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

77.  In Article 24 in the second paragraph—

(i) for “Community” substitute “ domestic ”;

(ii) omit “in the Member States”.

Commencement Information

I77 Reg. 77 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

78.  After Article 24 omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Commencement Information

I78 Reg. 78 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Regulation (EC) No. 1333/2008 of the European Parliament and of the Council on food additives U.K.

79.  Regulation (EC) No. 1333/2008 of the European Parliament and of the Council on food additives is amended as follows.

Commencement Information

I79 Reg. 79 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

80.  In Article 1—

(a) in the first paragraph omit “internal”;

(b) in the second paragraph for “Community” substitute “ domestic ”.

Commencement Information

I80 Reg. 80 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

81.  In Article 2—

(a) in paragraph 2(b) for “Community rules” substitute “ retained EU law ”;

(b) in paragraph 3 for “Community” substitute “ domestic ”;

(c) in paragraph 4, in the opening words, for “Community rules” substitute “ retained EU law ”.

Commencement Information

I81 Reg. 81 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

82.  At the end of Article 3 insert—

“(i) “Authority” means—

(i) as regards [F30 England and Wales], the Food Standards Agency;

(ii) as regards Scotland, Food Standards Scotland;”.

Textual Amendments

F30 Words in reg. 82 substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 18(14)

Commencement Information

I82 Reg. 82 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

83.  In the heading to Chapter 2 for “Community” substitute “ Domestic ”.

Commencement Information

I83 Reg. 83 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

84.  In the heading to Article 4 for “Community” substitute “ Domestic ”.

Commencement Information

I84 Reg. 84 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

85.  In Article 4 for “Community” substitute “ domestic ” both places it occurs.

Commencement Information

I85 Reg. 85 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

86.  In the heading to Article 6 for “Community” substitute “ Domestic ”.

Commencement Information

I86 Reg. 86 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

87.  In Article 6 for “Community” substitute “ domestic ” in each place it occurs.

Commencement Information

I87 Reg. 87 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

88.  In Article 7 for “Community” substitute “ domestic ”.

Commencement Information

I88 Reg. 88 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

89.  In Article 8 for “Community” substitute “ domestic ”.

Commencement Information

I89 Reg. 89 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

90.  In Article 9(2) for “shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 28(3)” substitute “ are to be prescribed by the appropriate authority ”.

Commencement Information

I90 Reg. 90 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

91.  In the heading to Article 10 for “Community” substitute “ domestic ”.

Commencement Information

I91 Reg. 91 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

92.  In Article 10 for “Community” substitute “ domestic ” in each place it occurs.

Commencement Information

I92 Reg. 92 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

93.  In the heading to Article 12 for “Community” substitute “ domestic ”.

Commencement Information

I93 Reg. 93 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

94.  In Article 12 for “Community” substitute “ domestic ” both places it occurs.

Commencement Information

I94 Reg. 94 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

95.  In Article 13 for “Community” substitute “ domestic ” both places it occurs.

Commencement Information

I95 Reg. 95 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

96.  In Article 14 for “Community” substitute “ domestic ”.

Commencement Information

I96 Reg. 96 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

97.  Omit Article 19.

Commencement Information

I97 Reg. 97 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

98.  Omit Article 20.

Commencement Information

I98 Reg. 98 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

99.  In Article 21—

(a) in paragraph 1 in the last sentence for “a language easily understandable to purchasers” substitute “ English, or in English and Welsh ”;

(b) omit paragraph 2.

Commencement Information

I99 Reg. 99 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

100.  In Article 22(1)(g) for “Community” substitute “ retained EU ”.

Commencement Information

I100 Reg. 100 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

101.  In Article 23(4) omit the second sentence.

Commencement Information

I101 Reg. 101 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

102.  In Article 24(3)—

(a) after “measures” insert “ prescribed by the appropriate authority ”;

(b) omit “in accordance with the regulatory procedure with scrutiny referred to in Article 28(4)”.

Commencement Information

I102 Reg. 102 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

103.  In Article 26—

(a) in paragraph 1 for “Commission” substitute “ Authority ”;

(b) in paragraph 2—

(i) for “Commission” substitute “ Authority ”;

(ii) omit the second sentence.

Commencement Information

I103 Reg. 103 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

104.  Omit Articles 27 and 28.

Commencement Information

I104 Reg. 104 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

105.  Insert a new Article 28A—

“Article 28A U.K. Regulations and devolved powers

1.   Any power to make regulations under this Regulation—

(a) so far as exercisable by a Minister of the Crown, is exercisable by statutory instrument;

(b) so far as exercisable by the Welsh Ministers, is exercisable by statutory instrument;

F31 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.   Any power to make regulations under this Regulation includes power—

(a) to make different provision in relation to different cases or classes of case (including different provision for different areas or different classes of business);

(b) to provide for such exceptions, limitations and conditions, and to make such supplementary, incidental, consequential or transitional provisions, as the appropriate authority considers necessary or expedient.

3.   [F32 Any statutory instrument or Scottish statutory instrument] containing regulations under this Regulation is subject to annulment in pursuance of a resolution—

(a) in the case of England, of either House of Parliament;

(b) in the case of Wales, of [F33 Senedd Cymru];

(c) in the case of Scotland, of the Scottish Parliament;

F34 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.   In this Regulation, any power—

(a) of the Secretary of State to make regulations is limited to regulations which apply in relation to England only;

(b) of the Welsh Ministers to make regulations is limited to regulations which apply in relation to Wales only;

(c) of the Scottish Ministers to make regulations is limited to regulations which apply in relation to Scotland only;

F35 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.

Textual Amendments

F31 Words in reg. 105 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 18(15)(a)

F32 Words in reg. 105 substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 18(15)(b)(i)

F33 Words in reg. 105 substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 18(15)(b)(ii)

F34 Words in reg. 105 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 18(15)(b)(iii)

F35 Words in reg. 105 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 18(15)(c)

Commencement Information

I105 Reg. 105 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

106.  Omit Article 29.

Commencement Information

I106 Reg. 106 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

107.  Omit Article 30(5).

Commencement Information

I107 Reg. 107 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

108.  In Article 31 in the first paragraph—

(a) for “Community” substitute “ domestic ”;

(b) for “Annexes to Directives 94/35/EC, 94/36/EC and 95/2/EC” substitute “ existing lists ”;

(c) for “shall be adopted by the Commission in accordance with the regulatory procedure with scrutiny referred to in Article 28(4)” substitute “ are to be prescribed by the appropriate authority ”.

Commencement Information

I108 Reg. 108 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

109.  Omit Article 32.

Commencement Information

I109 Reg. 109 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

110.  In Article 34 in the last paragraph for “Community” substitute “ domestic ”.

Commencement Information

I110 Reg. 110 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

111.  After Article 35 omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Commencement Information

I111 Reg. 111 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

112.  In the heading to Annex 2 for “Union” substitute “ Domestic ”.

Commencement Information

I112 Reg. 112 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

113.  In Annex 2—

(a) in Part A, paragraph 1 for “Union” substitute “ domestic ”.

(b) in Part E point 04.1.1—

(i) in the entry for E172 omit “the Union legislation and/or national”;

(ii) in the entry for E464 omit “the Union legislation and/or national”.

Commencement Information

I113 Reg. 113 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

114.  In the heading to Annex 3 for “Union” substitute “ Domestic ”.

Commencement Information

I114 Reg. 114 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

115.  Omit Annex 4.

Commencement Information

I115 Reg. 115 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Amendment to Regulation (EC) No. 1334/2008 of the European Parliament and of the Council on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No. 1601/91, Regulations (EC) No. 2232/96 and (EC) No. 110/2008 and Directive 2000/13/EC U.K.

116.  Regulation (EC) No. 1334/2008 of the European Parliament and of the Council on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No. 1601/91, Regulations (EC) No. 2232/96 and (EC) No. 110/2008 and Directive 2000/13/EC is amended as follows.

Commencement Information

I116 Reg. 116 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

117.  In Article 1—

(a) in the first paragraph omit “internal”;

(b) in the second paragraph for “Community” substitute “ domestic ” in both places it occurs.

Commencement Information

I117 Reg. 117 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

118.  At the end of Article 3(2)(k) add—

“(l) “Authority” means—

(i) as regards [F36 England and Wales], the Food Standards Agency;

(ii) as regards Scotland, Food Standards Scotland.”.

Textual Amendments

F36 Words in reg. 118 substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 18(16)

Commencement Information

I118 Reg. 118 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

119.  For Article 6(3) substitute—

“3.   Detailed rules for the implementation of paragraph 2 may be prescribed by the appropriate authority.”.

Commencement Information

I119 Reg. 119 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

120.  In Article 8(2)—

(a) for “Commission, a Member State” substitute “ appropriate authority ”;

(b) for “Commission shall adopt” substitute “ appropriate authority is to prescribe ”;

(c) omit “in accordance with the regulatory procedure with scrutiny referred to in Article 21(3)”;

(d) omit the final sentence.

Commencement Information

I120 Reg. 120 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

121.  In the heading to Chapter 3 for “Community” substitute “ Domestic ”.

Commencement Information

I121 Reg. 121 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

122.  In the heading to Article 10 for “Community” substitute “ Domestic ”.

Commencement Information

I122 Reg. 122 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

123.  In Article 10 for “Community” substitute “ domestic ”.

Commencement Information

I123 Reg. 123 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

124.  In the heading to Article 11 for “Community” substitute “ Domestic ”.

Commencement Information

I124 Reg. 124 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

125.  In Article 11 for “Community” substitute “ domestic ” in each place it occurs.

Commencement Information

I125 Reg. 125 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

126.  In Article 12 for “Community” substitute “ domestic ” in both places it occurs.

Commencement Information

I126 Reg. 126 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

127.  Omit Article 13.

Commencement Information

I127 Reg. 127 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

128.  In Article 14—

(a) in paragraph 1 in the last sentence for “a language easily understandable to purchasers” substitute “ English, or in English and Welsh ”;

(b) omit paragraph 2.

Commencement Information

I128 Reg. 128 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

129.  In Article 15(1)(g) for “Community” substitute “ retained EU ”.

Commencement Information

I129 Reg. 129 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

130.  In Article 19—

(a) in paragraph 1—

(i) for “Commission” substitute “ Authority ”;

(ii) for “Community” substitute “ United Kingdom ”;

(iii) omit the second subparagraph;

(b) in paragraph 2 for “Commission” substitute “ Authority ”;

(c) in paragraph 3 for “Commission” substitute “ Authority ”;

(d) omit paragraph 4.

Commencement Information

I130 Reg. 130 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

131.  Omit Articles 20 and 21.

Commencement Information

I131 Reg. 131 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

132.  Insert a new Article 21A—

“Article 21A U.K. Regulations and devolved powers

1.   Any power to make regulations under this Regulation—

(a) so far as exercisable by a Minister of the Crown, is exercisable by statutory instrument;

(b) so far as exercisable by the Welsh Ministers, is exercisable by statutory instrument;

F37 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.   Any power to make regulations under this Regulation includes power—

(a) to make different provision in relation to different cases or classes of case (including different provision for different areas or different classes of business);

(b) to provide for such exceptions, limitations and conditions, and to make such supplementary, incidental, consequential or transitional provisions, as the appropriate authority considers necessary or expedient.

3.   [F38 Any statutory instrument or Scottish statutory instrument] containing regulations under this Regulation is subject to annulment in pursuance of a resolution—

(a) in the case of England, of either House of Parliament;

(b) in the case of Wales, of [F39 Senedd Cymru];

(c) in the case of Scotland, of the Scottish Parliament;

F40 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.   In this Regulation, any power—

(a) of the Secretary of State to make regulations is limited to regulations which apply in relation to England only;

(b) of the Welsh Ministers to make regulations is limited to regulations which apply in relation to Wales only;

(c) of the Scottish Ministers to make regulations is limited to regulations which apply in relation to Scotland only;

F41 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.

Textual Amendments

F37 Words in reg. 132 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 18(17)(a)

F38 Words in reg. 132 substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 18(17)(b)(i)

F39 Words in reg. 132 substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 18(17)(b)(ii)

F40 Words in reg. 132 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 18(17)(b)(iii)

F41 Words in reg. 132 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 18(17)(c)

Commencement Information

I132 Reg. 132 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

133.  In Article 22—

(a) In the first paragraph for “adopted in accordance with the regulatory procedure with scrutiny referred to in Article 21(3)” substitute “ prescribed by the appropriate authority ”;

(b) omit the second paragraph.

Commencement Information

I133 Reg. 133 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

134.  Omit Article 23.

Commencement Information

I134 Reg. 134 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

135.  Omit Article 25.

Commencement Information

I135 Reg. 135 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

136.  After Article 30 omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Commencement Information

I136 Reg. 136 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

137.  In the heading to Annex 1 and in the heading to Part A of Annex 1 for “Union” substitute “ domestic ”.

Commencement Information

I137 Reg. 137 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

138.  In Annex 1, Part A, Section 1, in the paragraph that begins with the words “Column 8 (Footnotes):” for “Union” substitute “ domestic ”.

Commencement Information

I138 Reg. 138 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Amendment to Regulation (EU) No. 234/2011 implementing Regulation (EC) No. 1331/2008 of the European Parliament and of the Council establishing a common authorisation procedure for food additives, food enzymes and food flavourings U.K.

139.  Regulation (EU) No. 234/2011 implementing Regulation (EC) No. 1331/2008 of the European Parliament and of the Council establishing a common authorisation procedure for food additives, food enzymes and food flavourings is amended as follows.

Commencement Information

I139 Reg. 139 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

140.  In Article 3—

(a) in paragraph 1—

(i) in the first sentence for “Commission” substitute “ appropriate authority ”;

(ii) for the second sentence substitute “ The applicant must take into account any practical guidance on the submission of applications made available by the Authority. ”;

(b) omit paragraph 2.

Commencement Information

I140 Reg. 140 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

141.  In Article 4—

(a) in point (g) for “the Union legislation” substitute “ retained EU law ”;

(b) in point (i) for “the Union legislation” substitute “ retained EU law ”.

Commencement Information

I141 Reg. 141 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

142.  In Article 5—

(a) in paragraph 3 omit “(The EFSA Journal)”;

(b) in paragraph 7 in the second subparagraph for “Union” substitute “ United Kingdom ”.

Commencement Information

I142 Reg. 142 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

143.  in Article 6(1)(g) for “Union” substitute “ domestic ”.

Commencement Information

I143 Reg. 143 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

144.  In Article 7(2)(f) for “Union” substitute “ domestic ”.

Commencement Information

I144 Reg. 144 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

145.  In Article 9(2)(f) omit “as described in the Authority's guidance document on food enzymes”.

Commencement Information

I145 Reg. 145 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

146.  In Article 10(1)(e) for “Union” substitute “ domestic ”.

Commencement Information

I146 Reg. 146 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

147.  In Article 12—

(a) in paragraph 1 for “Commission” substitute “ Authority ”;

(b) in paragraph 2 for “Commission shall, where necessary, request the Authority” substitute “ Authority is ”;

(c) in paragraph 3—

(i) in the first subparagraph—

(aa) omit the first sentence;

(bb) in the second sentence for “Authority's letter is received by the Commission” substitute “ application is received by the Authority ”;

(ii) in the second subparagraph for “Union” substitute “ domestic ”;

(d) in paragraph 4—

(i) for “Union” substitute “ domestic ”;

(ii) for “Commission” substitute “ Authority ” in both places it occurs;

(e) in paragraph 5 in the second sentence—

(i) for “Commission” substitute “ Authority ”;

(ii) omit “the Member States and the Authority”.

Commencement Information

I147 Reg. 147 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

148.  In Article 13(1)(c) omit “European”.

Commencement Information

I148 Reg. 148 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

149.  Omit Article 13(2).

Commencement Information

I149 Reg. 149 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

150.  After Article 14 omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Commencement Information

I150 Reg. 150 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

151.  In the Annex in the Model Letter accompanying an application for Food Additives—

(a) for “European Commission Directorate General Directorate Unit” substitute “ appropriate authority ”;

(b) for “in the European Union” substitute “ in the United Kingdom ”;

(c) for “EU list” substitute “ domestic list ”.

Commencement Information

I151 Reg. 151 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

152.  In the Annex in the Model Letter accompanying an application for Food Enzymes—

(a) for “European Commission Directorate General Directorate Unit” substitute “ appropriate authority ”;

(b) for “in the European Union” substitute “ in the United Kingdom ”;

(c) for “EU list” substitute “ domestic list ”.

Commencement Information

I152 Reg. 152 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

153.  In the Annex in the Model Letter accompanying an application for Flavourings—

(a) for “European Commission Directorate General Directorate Unit” substitute “ appropriate authority ”;

(b) for “in the European Union” substitute “ in the United Kingdom ”;

(c) for “EU list” substitute “ domestic list ”.

Commencement Information

I153 Reg. 153 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Amendment to Commission Regulation (EU) No. 231/2012 laying down specifications for food additives listed in Annexes 2 and 3 to Regulation (EC) No. 1333/2008 of the European Parliament and of the Council U.K.

154.  Commission Regulation (EU) No. 231/2012 laying down specifications for food additives listed in Annexes 2 and 3 to Regulation (EC) No. 1333/2008 of the European Parliament and of the Council is amended as follows.

Commencement Information

I154 Reg. 154 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

155.  After Article 4 omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Commencement Information

I155 Reg. 155 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Amendment to Commission Implementing Regulation (EU) No. 872/2012 adopting the list of flavouring substances provided for by Regulation (EC) No. 2232/96 of the European Parliament and of the Council introducing it in Annex 1 to Regulation (EC) No. 1334/2008 of the European Parliament and of the Council and repealing Commission Regulation (EC) No.1565/2000 and Commission Decision 1999/217/EC U.K.

156.  Commission Implementing Regulation (EU) No. 872/2012 adopting the list of flavouring substances provided for by Regulation (EC) No. 2232/96 of the European Parliament and of the Council introducing it in Annex 1 to Regulation (EC) No. 1334/2008 of the European Parliament and of the Council and repealing Commission Regulation (EC) No.1565/2000 and Commission Decision 1999/217/EC is amended as follows.

Commencement Information

I156 Reg. 156 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

157.  In Article 1—

(a) in point (a) for “Union” substitute “ domestic ”;

(b) in point (b) —

(i) in the first sentence omit “at Union level”;

(ii) in the second sentence for “Union” substitute “ domestic ”;

(c) in point (c) —

(i) in the first sentence omit “at Union level”;

(ii) in the second sentence for “Union” substitute “ domestic ”.

Commencement Information

I157 Reg. 157 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

158.  In Article 4 for “Union” substitute “ domestic ”.

Commencement Information

I158 Reg. 158 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

159.  In Article 5 for “Union” substitute “ domestic ”.

Commencement Information

I159 Reg. 159 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

160.  Omit Article 6(2).

Commencement Information

I160 Reg. 160 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

161.  In Article 7 omit the second sentence.

Commencement Information

I161 Reg. 161 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

162.  Omit Article 9.

Commencement Information

I162 Reg. 162 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

163.  After Article 10 omit the words “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Commencement Information

I163 Reg. 163 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Amendment to Commission Regulation (EU) No. 873/2012 on transitional measures concerning the Union list of flavourings and source materials set out in Annex 1 to Regulation (EC) No. 1334/2008 of the European Parliament and of the Council U.K.

164.  Commission Regulation (EU) No. 873/2012 on transitional measures concerning the Union list of flavourings and source materials set out in Annex 1 to Regulation (EC) No. 1334/2008 of the European Parliament and of the Council is amended as follows.

Commencement Information

I164 Reg. 164 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

165.  After Article 6 omit the words “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Commencement Information

I165 Reg. 165 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Amendment to Commission Implementing Regulation (EU) No. 1321/2013 establishing the Union list of authorised smoke flavouring primary products for use as such in or on foods and/or for the production of derived smoke flavourings U.K.

166.  Commission Implementing Regulation (EU) No. 1321/2013 establishing the Union list of authorised smoke flavouring primary products for use as such in or on foods and/or for the production of derived smoke flavourings is amended as follows.

Commencement Information

I166 Reg. 166 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

167.  In Article 1 omit “in the Union”.

Commencement Information

I167 Reg. 167 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

168.  After Article 2 omit the following words “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Commencement Information

I168 Reg. 168 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

169.  In the heading to the Annex for “Union” substitute “ domestic ”.

Commencement Information

I169 Reg. 169 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

PART 4 U.K. Revocation of retained direct EU legislation

Revocation of Commission Regulation (EU) No. 257/2010 setting up a programme for the re-evaluation of approved food additives in accordance with Regulation (EC) No. 1333/2008 of the European Parliament and of the Council on food additives U.K.

170.  Commission Regulation (EU) No.257/2010 setting up a programme for the re-evaluation of approved food additives in accordance with Regulation (EC) No. 1333/2008 of the European Parliament and of the Council on food additives is revoked.

Commencement Information

I170 Reg. 170 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Signed by authority of the Secretary of State for Health and Social Care.

Seema Kennedy

Parliamentary Under-Secretary of State,

Department of Health and Social Care

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union. In particular, the Regulations address the deficiency specified in section 8(2)(b) of that Act, namely the conferral of functions by retained EU law on, or in relation to, EU entities which no longer have functions in that respect under EU law in relation to the United Kingdom.

These Regulations make amendments to legislation relating to food additives. Part 2 amends subordinate legislation in England. Part 3 amends retained direct EU legislation for the whole of the United Kingdom, and Part 4 revokes certain retained direct EU legislation for the whole of the United Kingdom.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the public, private or voluntary sector is foreseen.