# Commission Implementing Regulation (EU) No 1078/2013Show full title

Commission Implementing Regulation (EU) No 1078/2013 of 31 October 2013 concerning the authorisation of fumaric acid as a            feed additive for all animal species (Text with EEA relevance)         

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U.K.

# Commission Implementing Regulation (EU) No 1078/2013                     

# of 31 October 2013

# concerning the authorisation of fumaric acid as a feed additive for all animal species

# (Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives                           for use in animal nutrition(1), and in particular Article 9(2) thereof,                        

Whereas:

(1)Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and                              procedures for granting such authorisation. Article 10 of that Regulation provides for the re-evaluation of additives authorised                              pursuant to Council Directive 70/524/EEC(2).

(2)Fumaric acid was authorised in accordance with Directive 70/524/EEC as a feed additive, without a time limit, for use on all                              animal species by Commission Directive 80/678/EEC(3). That additive was subsequently entered in the Register of feed additives as an existing product, in accordance with Article                              10(1)(b) of Regulation (EC) No 1831/2003.

(3)In accordance with Article 10(2) of Regulation (EC) No 1831/2003 in conjunction with Article 7 of that Regulation, an application                              was submitted for the re-evaluation of fumaric acid, as a feed additive for all animal species, requesting that additive to                              be classified in the additive category ‘technological additives’. That application was accompanied by the particulars and                              documents required under Article 7(3) of Regulation (EC) No 1831/2003.

(4)The European Food Safety Authority (‘the Authority’) concluded in its opinion of 29 January 2013(4) that, under the proposed conditions of use, fumaric acid does not have an adverse effect on animal health, human health or                              the environment and it has the potential to preserve feed. The Authority does not consider that there is a need for specific                              requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed                              submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

(5)The assessment of fumaric acid shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC)                              No 1831/2003, are satisfied. Accordingly, the use of fumaric acid should be authorised as specified in the Annex to this Regulation.

(6)Since safety reasons do not require the immediate application of the modifications to the conditions of authorisation, it                              is appropriate to allow a transitional period for interested parties to prepare themselves to meet the new requirements resulting                              from the authorisation.

(7)The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain                              and Animal Health,

HAS ADOPTED THIS REGULATION:

# Article 1U.K.

The feed additive specified in the Annex, belonging to the additive category ‘technological additives’ and to the functional                     group ‘preservatives’, is authorised as an additive in animal nutrition subject to the conditions laid down in that Annex.                  

# Article 2U.K.

The feed additive specified in the Annex and feed containing that additive, which are produced and labelled before 21 May                     2014 in accordance with the rules applicable before 21 November 2013 may continue to be placed on the market and used until                     the existing stocks are exhausted.                  

# Article 3U.K.

This Regulation shall enter into force on the twentieth day following 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, 31 October 2013.

*For the Commission*                            

*The President*                            

José Manuel Barroso                            

## ANNEXU.K.

1

OJ L 268, 18.10.2003, p. 29.                           

2

Council Directive 70/524/EEC of the Council of 23 November 1970 concerning additives in feeding-stuffs (OJ L 270, 14.12.1970, p. 1).                           

3

Thirty-third Commission Directive 80/678/EEC of 4 July 1980 amending the Annexes to Council Directive 70/524/EEC concerning                              additives in feedingstuffs (OJ L 185, 18.7.1980, p. 48).                           

4

*EFSA Journal* 2013; 11(2):3102.