PART 8Revocations, consequential amendments, savings and transitional provision
Revocations
regulation 21 21.—(1) Schedules 1, 2 and 3 have effect.
(2) The instruments listed in Schedules 4 to 8 are revoked.
Consequential amendments
regulation 22 22. Schedules 9 to 12 have effect.
Savings and transitional provision: general
regulation 23 23.—(1) Subject to paragraphs (2) and (3), an authorisation set out in relevant revoked provision continues to have effect following the entry into force of these Regulations—
regulation 23 1 a (a)as it had effect under regulated products legislation immediately before the entry into force of these Regulations, notwithstanding the revocation of any provision by these Regulations; and
regulation 23 1 b (b)as if it were an authorisation made under, and subject to, that regulated products legislation as amended by these Regulations.
(2) This paragraph applies to any authorisation made under the following instruments that is set out in relevant revoked provision—
regulation 23 2 a (a)Regulation (EC) No 1829/2003;
regulation 23 2 b (b)Regulation (EC) No 1831/2003, except for any urgent provisional authorisation made under Article 15 of that instrument; or
regulation 23 2 c (c)Regulation (EC) No 2065/2003.
(3) For the purposes of paragraph (1), an authorisation to which paragraph (2) applies continues to have effect as if it did not contain a period of validity or an authorisation period end date.
(4) An authorisation falling within paragraph (1) must be published in accordance with the regulated products legislation applicable to the authorisation concerned, as that regulated products legislation has effect immediately after the coming into force of these Regulations.
(5) In this regulation—
subject to paragraph (6), an “authorisation”—
term specifications means, and includes, the terms, conditions and specifications on, or pursuant to, which anything was, immediately before the entry into force of these Regulations, permitted to be used, processed or placed on the market in or under regulated products legislation, and for this purpose “specifications” includes any specifications set out in the Annex to Commission Regulation (EU) No 231/2012 laying down specifications for food additives listed in Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council(1) as it had effect immediately before the entry into force of these Regulations; and
includes any terms, conditions and specifications on, or pursuant to, which anything, immediately before the entry into force of these Regulations, remained allowed to be used, processed or placed on the market by virtue of the operation of any of the following provisions, as they had effect immediately before the entry into force of these Regulations—
Article 11(4) or 23(4) of Regulation (EC) No 1829/2003;
Article 14(4) of Regulation (EC) No 1831/2003; or
Article 12(4) of Regulation (EC) No 2065/2003;
term authorisation period end date “authorisation period end date” means a date—
at, on or by which the authorisation or the period of authorisation was expressed as ending; or
until which the authorisation was expressed as being valid;
term period of validity “period of validity” means a period during which the authorisation concerned was expressed as being valid;
term regulated products legislation “regulated products legislation” means an instrument amended by Parts 2 to 7 of these Regulations;
term relevant revoked provision “relevant revoked provision” means—
the instruments revoked by Schedules 1, 2 and 3;
the assimilated direct legislation revoked by Schedules 4 to 7;
Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives;
Annex I 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, etc.; or
Annex I to Commission Regulation (EU) No 10/2011 on plastic materials and articles intended to come into contact with food.
(6) But, for the purpose of this regulation, an authorisation does not include any terms, conditions and specifications on, or pursuant to, which anything was, immediately before the entry into force of these Regulations, permitted to be used, processed or placed on the market pursuant to a saving or transitional provision in an instrument—
regulation 23 6 i (i)made under Regulation (EC) No 1829/2003;
regulation 23 6 ii (ii)made under Regulation (EC) No 1831/2003;
regulation 23 6 iii (iii)that amended relevant revoked provision; or
regulation 23 6 iv (iv)revoked by Schedule 1, 2 or 3.
Savings in relation to the operation of Article 10 of Regulation (EC) No 1831/2003
regulation 24 24. Notwithstanding the amendments or revocations made by regulations 3(4) and (9), 4 and 5, the following provisions continue to have effect as they did immediately before the entry into force of these Regulations insofar as is necessary for the continued operation of Article 10 of Regulation (EC) No 1831/2003 after the entry into force of these Regulations—
regulation 24 a (a)Article 4(2) and 14 of Regulation (EC) No 1831/2003;
regulation 24 b (b)Article 3(3), 5(4)(c) and Annex IV paragraph 5 of Commission Regulation (EC) No 378/2005 on detailed rules for the implementation of Regulation (EC) No 1831/2003 as regards the duties and tasks of the Community Reference Laboratory concerning applications for authorisations of feed additives;
regulation 24 c (c)Annex I, II and III of Commission Regulation (EC) No 429/2008 on detailed rules for the implementation of Regulation (EC) No 1831/2003 as regards the preparation and the presentation of applications and the assessment and the authorisation of feed additives.
EUR 2012/231, amended by S.I. 2019/860, S.S.I. 2023/78, S.I. 2023/334 and 343 (W. 50), S.S.I. 2024/156, S.I. 2024/685 and 741 (W. 102).