By way of derogation to Article 2(2), foods containing the flavouring substance 3-acetyl-2,5-dimethylthiophene which have been legally placed on the market before the date of entry into force of this Regulation may be marketed until their ‘use by’ date or their date of minimum durability.

Article 2 shall not apply to consignments of food containing the flavouring substance 3-acetyl-2,5-dimethylthiophene where the importer of such food can demonstrate that they have been dispatched from the third country concerned and were en route to the Union before the date of entry into force of this Regulation.