The Food Additives (Wales) (Amendment) and the Extraction Solvents in Food (Amendment) (Wales) Regulations 2012

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations make certain amendments to the Food Additives (Wales) Regulations 2009 (S.I. 2009/3378 (W.300)) (“the 2009 Regulations”) in order to provide for the execution and enforcement in Wales of—

(a) Commission Regulation (EU) No. 1129/2011 amending Annex II to Regulation (EC) No. 1333/2008 of the European Parliament and of the Council by establishing a Union list of food additives (OJ No. L295, 12.11.2011, p.1) (“Regulation 1129/2011”);

(b) Commission Regulation (EU) No. 1130/2011 amending Annex III to Regulation (EC) No. 1333/2008 of the European Parliament and of the Council on food additives by establishing a Union list of food additives approved for use in food additives, food enzymes, food flavourings and nutrients (OJ No. L295, 12.11.2011, p.178) (“Regulation 1130/2011”); and

(c) 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 (OJ No. L83, 22.3.2012, p.1) (“Regulation 231/2012”).

2.  These Regulations amend the 2009 Regulations so as to—

(a) amend the definitions of “permitted colour”, “permitted sweetener” and “purity criteria” to refer to Regulation 231/2012 (regulation 2(2)(a),(b) and (c));

(b) extend the definition of Regulation 1333/2008 to include reference to Regulation 231/2012 (regulation 2(2)(d));

(c) insert definitions of the three EU Regulations mentioned in paragraph 1 (regulation 2(2)(e));

(d) include Regulation 231/2012 in the list of EU instruments to which ambulatory reference is made (regulation 2(3));

(e) include reference to Regulations 1129/2011 and 1130/2011 in regulation 14 (regulation 2(4)(a));

(f) omit references in regulation 14 to Article 4.2 of Regulation 1333/2008 (regulation 2(4)(b)); and

(g) insert reference to Article 4.2 in the Schedule of specified Regulation 1333/2008 provisions (regulation 2(5)).

3.  These Regulations also make an amendment to the Extraction Solvents in Food Regulations 1993 (S.I. 1993/1658) in order to rectify an omission from the Extraction Solvents in Food (Amendment) (Wales) Regulations 2011 (S.I. 2011/1849 (W.199)) (regulation 3).

4.  The Welsh Ministers' Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.