COMMISSION IMPLEMENTING REGUL ATION (EU) 2021/426 
of 10 March 2021 
correcting Implementing Regulation (EU) No 1263/2011 as regards the author isation of Lactococcus 
lactis (NCIMB 30160) as a feed additiv e for all animal species 
(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) The use of the preparation of Lactococcus lactis NCIMB 30160 as a feed additive was author ised for all animal species 
by Commission Implementing Regulation (EU) No 1263/2011 (2) for a 10- year period. 
(2) The author isation was subsequently modifi ed by Commission Implementing Regulation (EU) 2020/1092 (3) in 
accordance with Article 13(2) of Regulation (EC) No 1831/2003, as regards the formulation of the additive. 
(3) The intended modif ication did not concer n the period of author isation laid down in Imple menting Regulation (EU) 
No 1263/2011, which was to run until 26 December 2021. However , in the Annex to Implementing Regulation 
(EU) 2020/1092, it was mistake nly indicated that the period of author isation for Lactococcus lactis NCIMB 30160 
was to run until 16 August 2030. That error was theref ore inser ted in Implementing Regulation (EU) 
No 1263/2011 through Implementing Regulation (EU) 2020/1092. 
(4) For reasons of clarity and legal certainty , it is theref ore necessar y to correct Implementing Regulation (EU) 
No 1263/2011 as regards the end of period of author isation for Lactococcus lactis NCIMB 30160. 
(5) Implementing Regulation (EU) 2020/1092 provided that the modifi cation to be brought to the term s of the 
author isation of the additive Lactococcus lactis NCIMB 30160 only concer ned the formulation of the additive. No 
referen ce was made to the need to modify the period of author isation of that additive. In addition, Article 9(8) of 
Regulation (EC) No 1831/2003 prescr ibes that author isations are granted for a period of 10 years and such rule 
may not be derog ated from through a modification to the terms of an author isation. Moreover , the Register of feed 
additives continued to mention the date of 26 December 2021 as the expir y date of the author isation of the 
additive Lactococcus lactis NCIMB 30160, even after the adoptio n of Implementing Regulation (EU) 2020/1092. The 
absence of retroactive effect of the proposed correction would lead to a breac h of the principle of non- 
discr imination between operat ors, as the granting of an exte nded period of author isation from the date of entr y 
(1)OJ L 268, 18.10.2003, p. 29.
(2)Commission Implementing Regulation (EU) No 1263/2011 of 5 December 2011 concer ning the author isation of Lactobacillus buchner i 
(DSM 16774), Lactobacillus buchner i (DSM 12856), Lactobacillus paracasei (DSM 16245), Lactobacillus paracasei (DSM 16773), Lactobacillus 
plantar um (DSM 12836), Lactobacillus plantar um (DSM 12837), Lactobacillus brevis (DSM 12835), Lactobacillus rhamnosus (NCIMB 
30121), Lactococcus lactis (DSM 11037), Lactococcus lactis (NCIMB 30160), Pediococcus acidilactici (DSM 16243) and Pediococcus 
pentosaceus (DSM 12834) as feed additives for all animal species (OJ L 322, 6.12.2011, p. 3).
(3)Commission Implementing Regulation (EU) 2020/1092 of 24 July 2020 amending Implementing Regulation (EU) No 1263/2011 as 
regar ds the author isation of Lactococcus lactis (NCIMB 30160) as a feed additive for all animal species (OJ L 241, 27.7.2020, p. 10).EN Offi cial Jour nal of the European Union L 84/18                                                                                                                                           11.3.2021   into force of Implementing Regulation (EU) 2020/1092 to the additive Lactococcus lactis NCIMB 30160 would have 
only unduly benefited operat ors mark eting or using that additive. Moreo ver, in this case retroactivity is not 
considered as affecting the legitimate expectations of the operat ors concer ned. Finally , the proposed correction is 
brought in a non-cr iminal cont ext, consider ing that the erroneous end of author isation period mentioned in 
Implementing Regulation (EU) 2020/1092 was the result of a mistake. This Regulation should theref ore apply 
retroactively as from the date of entr y into force of Imp lementing Regulation (EU) 2020/1092. 
(6) In order to preser ve the legitimate expectations of the interested parties and due to the retroactive application of the 
proposed correction, this Regulation should enter into force as a matte r of urgency . 
(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 
The Annex to Implementing Regulation (EU) No 1263/2011 is corrected as set out in the Annex to this Regulation. 
Article 2 
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union. 
It shall apply from 16 August 2020. 
This Regulation shall be binding in its entirety and directly applicable in all Member States. 
Done at Brussels, 10 Marc h 2021.  
For the Commission 
The President 
Ursula VON DER LEYEN     EN Offi cial Jour nal of the European Union 11.3.2021                                                                                                                                           L 84/19   ANNEX 
In the Annex to Implementing Regulation (EU) No 1263/2011, the entr y concer ning the additive Lactococcus lactis NCIMB 
30160 with the identification number 1k2082 is correcte d as follo ws: 
In the column ‘End of period of author isation’, the date ‘16.8.2030’ is replaced by ‘26.12.2021’.   EN Offi cial Jour nal of the European Union L 84/20                                                                                                                                           11.3.2021