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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.