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

• Citation: S.I. 2019/860
• Sections: 170

Section 1 Citation and commencement

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.

Section 2 Amendment of the Food Additives, Flavourings, Enzymes and Extraction Solvents (England) Regulations 2013

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

Section 3

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

Section 4

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

Section 5

Omit regulation 15.

Section 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 ” .

Section 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 ” .

Section 8

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

Section 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 ” .

Section 10 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

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.

Section 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.

Section 12

In Article 3 at the end insert—

(5) “ Authority ” means—

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

(b) as regards Scotland, Food Standards 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;

(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;

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 13

In Article 5(3)—

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

(b) omit the second sentence.

Section 14

In the heading to Article 6 omit “Community”.

Section 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.

Section 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;

(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.

Section 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 ” .

Section 18

In the heading to Article 9 omit “Community”.

Section 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 ” .

Section 20

Omit Article 10.

Section 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 ” .

Section 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 IP completion day , ” ;

(c) in paragraph 4—

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

(ii) omit “and the Member States”.

Section 23

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

Section 24

Omit Article 14.

Section 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 ” .

Section 26

In Article 17—

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

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

(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.

Section 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).

Section 28

Omit Articles 18a and 19.

Section 29

Insert a new Article 19A—

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;

(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) 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 Senedd Cymru ;

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

(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;

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

Section 30

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

Section 31

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

Section 32

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

Section 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 ” .

Section 34 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

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.

Section 35

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

Section 36 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

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.

Section 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 ” .

Section 38

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

Section 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 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;

(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;

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 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”.

Section 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.

Section 42

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

Section 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.

Section 44

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

Section 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.

Section 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 ” .

Section 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.

Section 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”.

Section 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 ” .

Section 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 ” .