II 
(Non-legislative acts) 
REGUL ATIONS 
COMMISSION IMPLEMENTING REGUL ATION (EU) 2021/505 
of 23 March 2021 
concer ning the denial of author isation of phosphor ic acid 60 % on silica carrier as a feed additiv e 
belonging to the functional group of preser vativ es 
(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 9(2) thereof, 
Whereas: 
(1) Regulation (EC) No 1831/2003 provid es for the author isation of additives for use in animal nutr ition and for the 
grounds and procedures for granting or denying such author isation. Article 10 of that Regulation provides for the 
re-evaluation of additives author ised pursuant to Council Directive 70/524/EEC (2). 
(2) Orthophosphor ic acid was author ised without a time limit by Directive 70/524/EEC as a feed additive for all animal 
species. The additive was subsequently entered in the Regist er of Feed Additives as an existing product, in accordance 
with Article 10(1) of Regulation (EC) No 1831/2003. 
(3) In accordance with Article 10(2) of Regulation (EC) No 1831/2003 in conjunction with Article 7 thereof, two 
applications for re-evaluation of orthophosphor ic acid were submitte d to the Commission. 
(4) The first of those applications concer ned a preparation of orthophosphor ic acid (67 %-85,7 %) w/w (aqueous 
solution). That preparation was author ised by Commission Implementing Regulation (EU) No 1055/2013 (3) for 
10 years as a feed additive for all animal species. 
(5) The second application was submitted for the re-evaluation of phosphor ic acid 60 % on silica carrier as a feed 
additive for all animal species. The applicant request ed the additive to be classifie d in the additive cate gory 
‘technological additives’ and in the functional group ‘preser vatives’. The application was accompanied by the 
particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003. 
(1)OJ L 268, 18.10.2003, p. 29.
(2)Council Directive 70/524/EEC of 23 November 1970 concer ning additives in feedingstuffs (OJ L 270, 14.12.1970, p. 1).
(3)Commission Implementing Regulation (EU) No 1055/2013 of 25 October 2013 concer ning the author isation of a preparation of 
orthophosphor ic acid as a feed additive for all animal species (OJ L 288, 30.10.2013, p. 57).EN Offi cial Jour nal of the European Union 24.3.2021                                                                                                                                           L 102/1   (6) The European Food Safety Auth ority (‘the Author ity’) concluded in its opinion of 17 March 2020 (4) that consider ing 
the limited data provid ed in the original dossier and the absence of response from the applicant to the several 
requests from the Auth ority for additional information, initially on 22 July 2011 and finally on 3 March 2020, the 
Authority was not in a position to deliver an opinion on the safety and efficacy of phosphor ic acid 60 % on silica 
carrier as a feed additive for all animal species. 
(7) In addition, on 8 May 2020 the Commission request ed the applicant to communicate information on the follow-up 
of the application concer ned, but no response was provid ed. 
(8) According to Article 5(1) of Regulation (EC) No 1831/2003, the applicant must adequat ely and suffi ciently 
demonstrate, in accordance with the implementing measures (5) to Regulation (EC) No 1831/2003, that the additive 
satisfies the conditions for author isation laid down in that Regulation. 
(9) As the applicant did not provide the request ed information and data allowing the Authority to assess the safet y and 
efficacy of phosphor ic acid 60 % on silica carrier, it has not been established that, under the proposed conditions of 
use, the additive does not have an adverse effect on animal health, human health or the environment, and that it has 
at least one of the character istics set out in Article 5(3) of Regulation (EC) No 1831/2003. 
(10) The assessment of phosphor ic acid 60 % on silica carrier shows that the conditions for author isation, as provi ded for 
in Article 5 of Regulation (EC) No 1831/2003, are not satisfied. According ly, the author isation of the additive should 
be denied. 
(11) Theref ore, phosphor ic acid 60 % on silica carrier, as an existing product within the meaning of Article 10 of 
Regulation (EC) No 1831/2003, as well as feed containing it, should be withdra wn from the mark et. However , a 
limited period should be allowe d for the withdrawal from the mark et of the existing stoc ks of the additive and its 
premixtures, and feed containing them, in order to enable operators to compl y properly with the withdrawal 
oblig ation. 
(12) 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 
Denial of author isation 
The author isation of phosphor ic acid 60 % on silica carrier as a feed additive, belonging to the additive catego ry 
‘technological additives’ and to the functional group ‘preser vatives’, is denied. 
Article 2 
Withdra wal from the market 
1. Existing stoc ks of the additive refer red to in Article 1, and of premixtures containing it, shall be withdrawn from the 
mark et by 13 October 2021. 
2. Feed mater ials and compo und feed intended for food-producing animals, which have been produced with the additive 
or the premixtures refer red to in paragraph 1 before 13 October 2021, shall be withdra wn from the mark et by 13 Apr il 
2022. 
(4)EFSA Journal 2020;18(4):6064.
(5)Commission Regulation (EC) No 429/2008 of 25 Apr il 2008 on detailed rules for the implementation of Regulation (EC) 
No 1831/2003 of the European Parliament and of the Council as regar ds the preparation and the presentation of applications and the 
assessment and the author isation of feed additives (OJ L 133, 22.5.2008, p. 1).EN Offi cial Jour nal of the European Union L 102/2                                                                                                                                           24.3.2021   3. Feed mater ials and compound feed intended for non-f ood-producing animals, whic h have been produced with the 
additive or the premixtures refer red to in paragraph 1 before 13 October 2021, shall be withdra wn from the market by 
13 Apr il 2023. 
Article 3 
Entr y into force 
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, 23 Marc h 2021.  
For the Commission 
The President 
Ursula VON DER LEYEN     EN Offi cial Jour nal of the European Union 24.3.2021                                                                                                                                           L 102/3