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
M1 The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 .
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.
PART 1 Introduction
Citation and commencement I1
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.
PART 2 Amendment of subordinate legislation
Amendment of the Food Additives, Flavourings, Enzymes and Extraction Solvents (England) Regulations 2013I2
M22.The Food Additives, Flavourings, Enzymes and Extraction Solvents (England) Regulations 2013 are amended as follows.
I3
[F13. In regulation 10(b), for “the European Union” substitute “ Great Britain ” . F1]
I4
4. In regulation 14(1)(d) for “territory of the EU” substitute “ United Kingdom ” .
I5
5. Omit regulation 15.
I6
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 ” .
I7
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 ” .
I8
8. In Schedule 3 in Table 1 in the entry for Article 9.5 in the second column for “Commission” substitute “ Authority ” .
I9
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 ” .
PART 3 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 I10
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.
I11
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. ” .
I12
12. In Article 3 at the end insert—
“ 5. “ Authority ” means—
(a) as regards [F2 England and Wales F2] , the Food Standards Agency;
(b) as regards Scotland, Food Standards [F3 Scotland F3]
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ” .
I13
13. In Article 5(3)—
(a) for “Community legislation” substitute “ retained EU law ” ;
(b) omit the second sentence.
I14
14. In the heading to Article 6 omit “Community”.
I15
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. ” .
I16
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. ” . F6]
I17
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 ” .
I18
18. In the heading to Article 9 omit “Community”.
I19
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 ” .
I20
20. Omit Article 10.
I21
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 ” .
I22
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 F7] , ” ;
(c) in paragraph 4—
(i) for “Commission” substitute “ Authority ” ;
(ii) omit “and the Member States”.
I23
23. In Article 13 (4) for “Community legislation” substitute “ retained EU law ” .
I24
24. Omit Article 14.
I25
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 ” .
I26
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. ” . F8]
I27
[F927. 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). F9]
I28
[F1028. Omit Articles 18a and 19. F10]
29. Insert a new Article 19A—
“ Article 19A Regulations and devolved powers I29
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 F12] 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 F13] ;
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ” .
I30
30. After Article 21 omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
I31
31. In Annex 1 in paragraph 1 for “Community legislation” substitute “ retained EU law ” .
I32
32. In Annex 1 in paragraph 2, in the opening words, for “Community legislation” substitute “ retained EU law ” .
I33
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 ” .
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 I34
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.
I35
35. After Article 2 omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
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 I36
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.
I37
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 ” .
I38
38. In the heading to Article 2 for “Community” substitute “ domestic ” .
I39
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 F16] , 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ” .
I40
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”.
I41
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.
I42
42. In Article 5(2) for “Commission, the Member States” substitute “ appropriate authority ” .
I43
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.
I44
44. In the heading to Article 7 for “Community” substitute “ domestic ” .
I45
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.
I46
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 ” .
I47
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.
I48
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”.
I49
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 ” .
I50
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 ” .
I51
51. Omit Articles 13 and 14.
52. Insert a new Article 14A—
“ Article 14A Regulations and devolved powers I52
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 F20] 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 F21] ;
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ” .
I53
53. Omit Article 15.
I54
54. After Article 16 omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
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 I55
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.
I56
56. In Article 1—
(a) in the first paragraph omit “internal”;
(b) in the second paragraph at point (a) for “Community” substitute “ domestic ” .
I57
57. In Article 2(3) omit “Community”.
I58
58. In Article 3(2) at the end insert—
“ (c) “ Authority ” means—
(i) as regards [F24 England and Wales F24] , the Food Standards Agency;
(ii) as regards Scotland, Food Standards Scotland; ” .
I59
59. In the heading to Chapter 2 for “Community” substitute “ Domestic ” .
I60
60. In the heading to Article 4 for “Community” substitute “ Domestic ” .
I61
61. In Article 4 for “Community” substitute “ domestic ” .
I62
62. In the heading to Article 6 for “Community” substitute “ domestic ” .
I63
63. In Article 6 for “Community” substitute “ domestic ” .
I64
64. In the heading to Article 7 for “Community” substitute “ domestic ” .
I65
65. In Article 7 for “Community” substitute “ domestic ” in each place it occurs.
I66
66. In Article 8 for “Community” substitute “ domestic ” in both places it occurs.
I67
67. Omit Article 9.
I68
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.
I69
69. In Article 11(1)(g) for “Community” substitute “ retained EU ” .
I70
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.
I71
71. Omit Article 15.
72. Insert a new Article 15A—
“ Article 15A Regulations and devolved powers I72
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 F26] 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 F27] ;
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ” .
I73
73. Omit Article 16.
I74
74. In the heading to Article 17 for “Community” substitute “ domestic ” .
I75
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 ” .
I76
76. In Article 18 for “Community” substitute “ domestic ” .
I77
77. In Article 24 in the second paragraph—
(i) for “Community” substitute “ domestic ” ;
(ii) omit “in the Member States”.
I78
78. After Article 24 omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
Amendment of Regulation (EC) No. 1333/2008 of the European Parliament and of the Council on food additives I79
79. Regulation (EC) No. 1333/2008 of the European Parliament and of the Council on food additives is amended as follows.
I80
80. In Article 1—
(a) in the first paragraph omit “internal”;
(b) in the second paragraph for “Community” substitute “ domestic ” .
I81
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 ” .
I82
82. At the end of Article 3 insert—
“ (i) “ Authority ” means—
(i) as regards [F30 England and Wales F30] , the Food Standards Agency;
(ii) as regards Scotland, Food Standards Scotland; ” .
I83
83. In the heading to Chapter 2 for “Community” substitute “ Domestic ” .
I84
84. In the heading to Article 4 for “Community” substitute “ Domestic ” .
I85
85. In Article 4 for “Community” substitute “ domestic ” both places it occurs.
I86
86. In the heading to Article 6 for “Community” substitute “ Domestic ” .
I87
87. In Article 6 for “Community” substitute “ domestic ” in each place it occurs.
I88
88. In Article 7 for “Community” substitute “ domestic ” .
I89
89. In Article 8 for “Community” substitute “ domestic ” .
I90
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 ” .
I91
91. In the heading to Article 10 for “Community” substitute “ domestic ” .
I92
92. In Article 10 for “Community” substitute “ domestic ” in each place it occurs.
I93
93. In the heading to Article 12 for “Community” substitute “ domestic ” .
I94
94. In Article 12 for “Community” substitute “ domestic ” both places it occurs.
I95
95. In Article 13 for “Community” substitute “ domestic ” both places it occurs.
I96
96. In Article 14 for “Community” substitute “ domestic ” .
I97
97. Omit Article 19.
I98
98. Omit Article 20.
I99
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.
I100
100. In Article 22(1)(g) for “Community” substitute “ retained EU ” .
I101
101. In Article 23(4) omit the second sentence.
I102
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)”.
I103
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.
I104
104. Omit Articles 27 and 28.
105. Insert a new Article 28A—
“ Article 28A Regulations and devolved powers I105
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 F32] 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 F33] ;
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ” .
I106
106. Omit Article 29.
I107
107. Omit Article 30(5).
I108
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 ” .
I109
109. Omit Article 32.
I110
110. In Article 34 in the last paragraph for “Community” substitute “ domestic ” .
I111
111. After Article 35 omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
I112
112. In the heading to Annex 2 for “Union” substitute “ Domestic ” .
I113
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”.
I114
114. In the heading to Annex 3 for “Union” substitute “ Domestic ” .
I115
115. Omit Annex 4.
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 I116
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.
I117
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.
I118
118. At the end of Article 3(2)(k) add—
“ (l) “ Authority ” means—
(i) as regards [F36 England and Wales F36] , the Food Standards Agency;
(ii) as regards Scotland, Food Standards Scotland. ” .
I119
119. For Article 6(3) substitute—
“ 3. Detailed rules for the implementation of paragraph 2 may be prescribed by the appropriate authority. ” .
I120
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.
I121
121. In the heading to Chapter 3 for “Community” substitute “ Domestic ” .
I122
122. In the heading to Article 10 for “Community” substitute “ Domestic ” .
I123
123. In Article 10 for “Community” substitute “ domestic ” .
I124
124. In the heading to Article 11 for “Community” substitute “ Domestic ” .
I125
125. In Article 11 for “Community” substitute “ domestic ” in each place it occurs.
I126
126. In Article 12 for “Community” substitute “ domestic ” in both places it occurs.
I127
127. Omit Article 13.
I128
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.
I129
129. In Article 15(1)(g) for “Community” substitute “ retained EU ” .
I130
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.
I131
131. Omit Articles 20 and 21.
132. Insert a new Article 21A—
“ Article 21A Regulations and devolved powers I132
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 F38] 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 F39] ;
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ” .
I133
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.
I134
134. Omit Article 23.
I135
135. Omit Article 25.
I136
136. After Article 30 omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
I137
137. In the heading to Annex 1 and in the heading to Part A of Annex 1 for “Union” substitute “ domestic ” .
I138
138. In Annex 1, Part A, Section 1, in the paragraph that begins with the words “Column 8 (Footnotes):” for “Union” substitute “ domestic ” .
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 I139
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.
I140
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.
I141
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 ” .
I142
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 ” .
I143
143. in Article 6(1)(g) for “Union” substitute “ domestic ” .
I144
144. In Article 7(2)(f) for “Union” substitute “ domestic ” .
I145
145. In Article 9(2)(f) omit “as described in the Authority's guidance document on food enzymes”.
I146
146. In Article 10(1)(e) for “Union” substitute “ domestic ” .
I147
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”.
I148
148. In Article 13(1)(c) omit “European”.
I149
149. Omit Article 13(2).
I150
150. After Article 14 omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
I151
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 ” .
I152
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 ” .
I153
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 ” .
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 I154
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.
I155
155. After Article 4 omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
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 I156
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.
I157
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 ” .
I158
158. In Article 4 for “Union” substitute “ domestic ” .
I159
159. In Article 5 for “Union” substitute “ domestic ” .
I160
160. Omit Article 6(2).
I161
161. In Article 7 omit the second sentence.
I162
162. Omit Article 9.
I163
163. After Article 10 omit the words “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
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 I164
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.
I165
165. After Article 6 omit the words “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
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 I166
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.
I167
167. In Article 1 omit “in the Union”.
I168
168. After Article 2 omit the following words “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
I169
169. In the heading to the Annex for “Union” substitute “ domestic ” .
PART 4 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 I170
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.
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