PART 3Amendments relating to food additives, food enzymes and food flavourings

Amendment of Regulation (EC) No 1332/2008 of the European Parliament and of the Council on food enzymes, etc.

regulation 7 + 7.—(1) Regulation (EC) No 1332/2008 of the European Parliament and of the Council on food enzymes, etc.(1) is amended as follows.

(2) In Article 1, for point (a) substitute—

“(a)the authorisation of food enzymes in accordance with this Regulation and Regulation (EC) No 1331/2008;”.

(3) Before Article 4, for the heading for Chapter II, substitute “AUTHORISATION OF FOOD ENZYMES”.

(4) In Article 4—

regulation 7 4 a + (a)for the heading, substitute “Requirement for authorisation”;

regulation 7 4 b + (b)in the text—

regulation 7 4 b i + (i)after “Only” insert “authorised”;

regulation 7 4 b ii + (ii)omit “included in the domestic list”;

regulation 7 4 b iii + (iii)after “Article 7(2)” insert “(but see Article 24 with respect to the date of application of this Article)”.

(5) In Article 6—

regulation 7 5 a + (a)in the heading, for “inclusion of food enzymes in the domestic list” substitute “authorisation of food enzymes”;

regulation 7 5 b + (b)in the words before point (a), for “included in the domestic list” substitute “authorised”.

(6) In Article 7—

regulation 7 6 a + (a)in the heading, for “the domestic list of food enzymes” substitute “an authorisation of a food enzyme”;

regulation 7 6 b + (b)in paragraph 1, for “included in the domestic list” substitute “authorised”;

regulation 7 6 c + (c)in paragraph 2, in the words before point (a)—

regulation 7 6 c i + (i)for “entry” substitute “authorisation”;

regulation 7 6 c ii + (ii)omit “in the domestic list”;

regulation 7 6 d + (d)in paragraph 3—

regulation 7 6 d i + (i)for “domestic list” substitute “authorisation status of a food enzyme”;

regulation 7 6 d ii + (ii)for “amended” substitute “determined”.

(7) In Article 8—

regulation 7 7 a + (a)in paragraph 1, for “included in the domestic list” substitute “authorised”;

regulation 7 7 b + (b)in paragraph 2, for “already included in the domestic list” substitute “that is already authorised”.

(8) After Article 8, insert—

“Article 8ADetails to be included in the domestic list

The Authority must include the details described in Article 7(2) in the domestic list published and maintained under Regulation (EC) No 1331/2008.”.

(9) In Article 14(2), for “approved” substitute “authorised”.

(10) In Article 17—

regulation 7 10 a + (a)for the heading, substitute “Initial authorisation of food enzymes”;

regulation 7 10 b + (b)for paragraph 1, substitute—

“1.  This Article applies for the purpose of the authorisation (“initial authorisation”) of food enzymes which are to be included in the domestic list of food enzymes published and maintained under Regulation (EC) No 1331/2008 when it is first established by the Authority. The initial authorisation of food enzymes must be made in accordance with this Article.”;

regulation 7 10 c + (c)in paragraph 2—

regulation 7 10 c i + (i)for “inclusion” substitute “initial authorisation”;

regulation 7 10 c ii + (ii)omit “in the domestic list”;

regulation 7 10 d + (d)in paragraph 3—

regulation 7 10 d i + (i)for “inclusion in the domestic list” substitute “initial authorisation”;

regulation 7 10 d ii + (ii)for “hereinafter referred to as the Register” substitute “referred to in this Regulation as the ‘Register’”;

regulation 7 10 e + (e)in paragraph 4—

regulation 7 10 e i + (i)in the first subparagraph—

regulation 7 10 e i aa + (aa)for “The domestic list shall be adopted by the appropriate authority in” substitute “In”;

regulation 7 10 e i bb + (bb)after “food flavourings,” insert “the appropriate authority must determine the authorisation status of all of the applications for initial authorisation entered in the Register”;

regulation 7 10 e ii + (ii)in the second subparagraph, omit point (b);

regulation 7 10 f + (f)after paragraph 4, insert—

“4A.  This Article, and the Register, shall cease to have effect at the start of the day after the day on which the appropriate authority has determined the authorisation status of all initial authorisation applications in the Register.”.

(11) In Article 18(1)—

regulation 7 11 a + (a)in the words before point (a)—

regulation 7 11 a i + (i)omit “the domestic list shall, when drawn up, include”;

regulation 7 11 a ii + (ii)after “enzymes” insert “are, immediately after the end of the day on which the appropriate authority determines the authorisation status of all the applications for initial authorisation in the Register in accordance with Article 17, to be deemed to be authorised for the purposes of this Regulation”;

regulation 7 11 b + (b)in point (a), for “stating the conditions governing their use as specified in Annex I and Part C of Annex III to Directive 95/2/EC” substitute “in accordance with any conditions of use set out in authorisations under Regulation (EC) No 1333/2008”.

(12) In Article 24, in the second subparagraph, for “date of application of the domestic list” substitute “start of the day after the day on which the appropriate authority has determined the authorisation status of all initial authorisation applications in the Register in accordance with Article 17”.