SCHEDULE 3Specified provisions of Regulation 2065/2003

Regulations 5 and 7

Table 1

Provision of Regulation 2065/2003

Subject matter

Article 4.2

Prohibition on marketing a smoke flavouring not on the list of authorised smoke flavourings, or any food in or on which such a smoke flavouring is present

Article 4.2

Prohibition on marketing an authorised smoke flavouring, or any food in or on which such a smoke flavouring is present, otherwise than in accordance with any conditions of use laid down in the authorisation

Article 5.1, first subparagraph

Prohibition on using treated wood, unless it can be demonstrated by appropriate certification or documentation that the substance used in treatment does not give rise to potentially toxic substances during combustion

Article 5.1, second subparagraph

Requirement to be able to demonstrate by documentation or certification that the prohibition in the first paragraph of Article 5.1 has been observed

Article 5.2, first sentence

Requirement to observe conditions in Annex I during production of primary products (primary smoke condensates or primary tar fractions)

Article 5.2, second sentence

Prohibition on the use of water-insoluble oily phase during the production of smoke flavourings

Article 9.4

Requirement that an authorisation holder or any other food business operator using an authorised product, or a derived smoke flavouring produced from an authorised product, must comply with any conditions or restrictions attached to the authorisation

Article 9.5

Requirement that an authorisation holder inform the Commission immediately of any new scientific or technical information relating to an authorised product which might influence the assessment of its safety

Table 2

Provision of Regulation 2065/2003

Subject matter

Article 13.1

Requirement that food business operators ensure the specified information is transmitted to the receiving food business operator when the product is first placed on the market

Article 13.2

Requirement that following the first placing on the market, on each subsequent occasion that the product is placed on the market, food business operators placing products on the market transmit the information specified in Article 13.1 to the receiving food business operators