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Regulation (EC) No 2065/2003 of the European Parliament and of the CouncilShow full title
Regulation (EC) No 2065/2003 of the European Parliament and of the Council of 10 November 2003 on smoke flavourings used or intended for use in or on foods
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- Revised 27/03/20210.23 MB
- Revised 26/07/20190.23 MB
- Revised 07/08/20090.08 MB
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Changes and effects yet to be applied to Article 9:
- Regulation applied (with modifications) by S.I. 2023/959 reg. 4(a) Sch. 1
Changes and effects yet to be applied to the whole legislation item and associated provisions
- Art. 3(5)(b) word substituted by S.I. 2019/1013 reg. 34 (This amendment not applied to legislation.gov.uk. S.I. 2019/1013 revoked immediately before IP completion day by S.I. 2020/1504, regs. 1(2), 21(e))
- Art. 7(2)(c) inserted by S.I. 2019/1013 reg. 35 (This amendment not applied to legislation.gov.uk. S.I. 2019/1013 revoked immediately before IP completion day by S.I. 2020/1504, regs. 1(2), 21(e))
- Art. 7(2)(c) omitted by S.I. 2019/860 reg. 16(c) (This amendment not applied to legislation.gov.uk. Reg. 16(c) substituted immediately before IP completion day by S.I. 2020/1504, regs. 1(2), 18(4))
- Art. 19A(3)(d) words substituted by S.I. 2019/1013 reg. 36 (This amendment not applied to legislation.gov.uk. S.I. 2019/1013 revoked immediately before IP completion day by S.I. 2020/1504, regs. 1(2), 21(e))
Article 9U.K.F1... Authorisation
[F21.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.]
3.Without prejudice to Article 11, the authorisation granted in accordance with the procedure laid down in this Regulation shall be valid F3... for 10 years and shall be renewable in accordance with Article 12.
4.After an authorisation has been issued in accordance with this Regulation, the authorisation holder or any other food business operator using the authorised primary product or derived smoke flavourings shall comply with any condition or restriction attached to such authorisation.
5.The authorisation holder shall inform the [F4Authority] immediately of any new scientific or technical information which might affect the assessment of the safety of the authorised primary product or derived smoke flavourings in relation to human health. If necessary, the Authority shall then review the assessment.
6.The granting of an authorisation shall not diminish the general civil and criminal liability of any food business operator in respect of the authorised primary product, derived smoke flavouring or food containing the authorised primary product or derived smoke flavouring.
Textual Amendments
F1Word in Art. 9 heading omitted (31.12.2020) by virtue of The Food Additives, Flavourings, Enzymes and Extraction Solvents (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/860), regs. 1, 18; 2020 c. 1, Sch. 5 para. 1(1)
F2Art. 9(1)(2) substituted (31.12.2020) by The Food Additives, Flavourings, Enzymes and Extraction Solvents (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/860), regs. 1, 19(a); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 9(3) omitted (31.12.2020) by virtue of The Food Additives, Flavourings, Enzymes and Extraction Solvents (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/860), regs. 1, 19(b); 2020 c. 1, Sch. 5 para. 1(1)
F4Word in Art. 9(5) substituted (31.12.2020) by The Food Additives, Flavourings, Enzymes and Extraction Solvents (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/860), regs. 1, 19(c); 2020 c. 1, Sch. 5 para. 1(1)
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