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Home Food & Health Safety Novel Foods Regulation

Chapter III · AUTHORISATION PROCEDURES FOR A NOVEL FOOD  ›  Section II · Specific rules for traditional foods from third countries › Article 18

Authorisation of a traditional food from a third country and updates of the Union list

1.   Within three months of the date of publication of the Authority's opinion, the Commission shall submit to the committee referred to in Article 30(1) a draft implementing act authorising the placing on the market within the Union of the traditional food from a third country and updating the Union list, taking into account the following:

(a)

the conditions provided for in points (a) and (b) of Article 7 and, where applicable, point (c) of that Article;

(b)

any relevant provision of Union law, including the precautionary principle as referred to in Article 7 of Regulation (EC) No 178/2002;

(c)

the Authority's opinion;

(d)

any other legitimate factors relevant to the application under consideration.

That implementing act shall be adopted in accordance with the examination procedure referred to in Article 30(3).

2.   By way of derogation from paragraph 1, the Commission may terminate the procedure at any stage and decide not to proceed with an update where it considers that such an update is not justified.

In such case, where applicable, the Commission shall take account of the views of Member States, the Authority's opinion and any other legitimate factors relevant to the update under consideration.

The Commission shall inform the applicant and all Member States directly of the reasons for not considering the update to be justified.

3.   The applicant may withdraw its application referred to in Article 16 at any time, thereby terminating the procedure.

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