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PART 8Revocations, consequential amendments, savings and transitional provision

Savings and transitional provision: general

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—

(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

(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—

(a)Regulation (EC) No 1829/2003;

(b)Regulation (EC) No 1831/2003, except for any urgent provisional authorisation made under Article 15 of that instrument; or

(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”—

(a)

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

(b)

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—

(i)

Article 11(4) or 23(4) of Regulation (EC) No 1829/2003;

(ii)

Article 14(4) of Regulation (EC) No 1831/2003; or

(iii)

Article 12(4) of Regulation (EC) No 2065/2003;

“authorisation period end date” means a date—

(a)

at, on or by which the authorisation or the period of authorisation was expressed as ending; or

(b)

until which the authorisation was expressed as being valid;

“period of validity” means a period during which the authorisation concerned was expressed as being valid;

“regulated products legislation” means an instrument amended by Parts 2 to 7 of these Regulations;

“relevant revoked provision” means—

(a)

the instruments revoked by Schedules 1, 2 and 3;

(b)

the assimilated direct legislation revoked by Schedules 4 to 7;

(c)

Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives;

(d)

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

(e)

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—

(i)made under Regulation (EC) No 1829/2003;

(ii)made under Regulation (EC) No 1831/2003;

(iii)that amended relevant revoked provision; or

(iv)revoked by Schedule 1, 2 or 3.

(1)

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).