Regulation 18 Other transitional defences and savings

(1)

Notwithstanding the revocations made in regulation 25, in relation to any plastic material or article —

(a)

manufactured before the 1 July 1998, the defence in regulation 3(3) of the 1998 Regulations;

(b)

manufactured or imported into the European Community before 1 January 2003, the defence in regulation 10(15) of the 1998 Regulations;

(c)

put into free circulation in the European Community before 30 November 2002, the defence in regulation 10(16) of the 1998 Regulations;

(d)

manufactured or imported into the European Community before 1 March 2004, the defence in regulation 10(21)(a) of the 1998 Regulations;

(e)

manufactured or imported into the European Community before 1 March 2003, the defence in regulation 10(21)(b) of the 1998 Regulations;

(f)

containing azodicarbonamide and brought into contact with food before 2 August 2005, the defence in regulation 10(23) of the 1998 Regulations; or

(g)

manufactured or imported into the European Community before 1 March 2006, the defence in regulation 10(25) of the 1998 Regulations,

apply in relation to offences under these Regulations in like manner as it applied to offences under the equivalent provisions in those Regulations.

(2)

In any proceedings for an offence under these Regulations other than an offence mentioned in regulation 17(1), it is a defence to prove —

(a)

that the act constituting the alleged offence was committed in relation to a plastic material or article which was manufactured or imported into the European Community before 19 November 2007; and

(b)

that the matter constituting the alleged offence would not otherwise have constituted an offence under these Regulations if the amendments to the Directive made by Commission Directive 2005/79/EC had not been implemented in Wales at the time the matter occurred.