COMMISSION IMPLEMENTING REGUL ATION (EU) 2023/1699 
of 6 September 2023
on the status of attapulgite as a feed additiv e within the scope of Regulation (EC) No 1831/2003 of 
the European Parliament and of the Council 
(Text with EEA relevance) 
THE EUR OPEAN COMMISSION,
Havi ng regar d to the Treaty on the Functioning of the European Union,
Havi ng rega rd to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 Sept ember 2003 on 
additives for use in animal nutr ition (1), and in particular Article 2(3) thereof,
Whereas:
(1) For the substance attapulgit e, there is uncer tainty whether it is a feed additive within the scope of Regulation (EC) 
No 1831/2003. This uncer tainty results from various questions or doubts expressed by national compet ent 
author ities responsible for offici al controls or by economic operat ors concer ning the classification of that 
substance, which is currently included in the Catalogue of feed mater ials established by Commission Regulation 
(EU) No 68/2013 (2).
(2) Such uncer tainty about the status of a product with regar d to feed additives may jeopardise the mark eting of feed 
products throughout the Union, since the distinction between feed additives and other feed products has a major 
role as regar ds the conditions of their placing on the market, under the respective applicable legislation.
(3) In order to allay the uncer tainty regar ding the status of attapulgit e as a feed additive, it is appropr iate to adopt a 
relevant measure under Regulation (EC) No 1831/2003, determining that status. Such measure would bring 
consistency in the treatment of the substance concer ned and would facilitat e the work of the national compet ent 
author ities responsible for official controls, while helping the interest ed economic operat ors to act in a framew ork 
provid ing for an appropr iate level of legal certainty .
(4) To deter mine whether a product is a feed additive within the scope of Regulation (EC) No 1831/2003, it is 
appropr iate to refer to the guidelines for the distinction between feed additives, feed mater ials and other products, 
established by Commission Recommendation 2011/25/EU (3). In particular , those guidelines provide for several 
criteria to be simultaneously considered in a case-by- case evaluation, in order to creat e a prof ile of each specifi c 
product, taking into account all its charact eristics. Among the criteria for the differentiation between feed additives 
and feed mater ials are the production and processing method, the chemical definition and the level of 
standardisation or purification, the safety and mode of use and the functionality of the product concer ned. In 
addition, for the sake of consistency , products with similar proper ties should be classifie d by analogy .
(5) Based on an examination of the criteria in Recommendation 2011/25/EU, it has been concluded that attapulgit e 
should be considered as a feed additive within the scope of Regulation (EC) No 1831/2003. Attapulgi te is essentially 
used in order to perform technological functions in feed, such as binding, anti-caking or reducing mycoto xins 
contamination of feed, or even zootec hnical functions by affecting animals’ gastro-intestinal flora or diges tibility of 
feed, which are typical of feed additives ’ functionality . In addition, the charact eristics and proper ties of attapulgit e 
are very similar to those of other clay minerals which are considered as feed additives. Theref ore, the classificat ion 
by analogy of attapulgit e as a feed additive would bring consistency in the treatment of those similar products.
(1)OJ L 268, 18.10.2003, p. 29.
(2)Commission Regulation (EU) No 68/2013 of 16 Januar y 2013 on the Catalogue of feed materials (OJ L 29, 30.1.2013, p. 1).
(3)Commission Recommendation 2011/25/EU of 14 Januar y 2011 establishing guidelines for the distinction between feed mat erials, feed 
additives, biocidal products and veterinar y medicinal products (OJ L 11, 15.1.2011, p. 75).EN Offi cial Jour nal of the European Union 7.9.2023 L 220/9  (6) As a consequence of the classification of attapulgit e as a feed additive within the scope of Regulation (EC) 
No 1831/2003, it is appropr iate to provide for a transitional period whic h would allow interested parties to adapt 
to the status of that substance, including for the purposes of submission of an application for author isation as a 
feed additive, and the further processing of such application in accordance with Regulation (EC) No 1831/2003.
(7) The measures provid ed for in this Regulation are in accordance with the opinion of the Standing Committ ee on 
Plants, Animals, Food and Feed,
HAS ADOPTED THIS REGUL ATION:
Article 1
Attapulgite is a feed additive within the scope of Regulation (EC) No 1831/2003.
Article 2
The substance referred to in Article 1 may continue to be placed on the mark et and used in accordance with the rules 
applicable to feed mate rials until 27 Sept ember 2030 .
Article 3
This Regulation shall enter into force on the twentieth day followi ng that of its publication in the Official Journal of the 
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 6 Sept ember 2023 .
For the Commission
The President
Ursula VON DER LEYENEN Offi cial Jour nal of the European Union L 220/10 7.9.2023