# Commission Implementing Regulation (EU) No 159/2013Show full title

Commission Implementing Regulation (EU) No 159/2013 of 21 February 2013 concerning the authorisation of a preparation of sodium            benzoate, propionic acid and sodium propionate as a feed additive for pigs, poultry, bovines, sheep, goats, rabbits and horses            and amending Regulations (EC) No 1876/2006 and (EC) No 757/2007 (Text with EEA relevance)         

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U.K.

# Commission Implementing Regulation (EU) No 159/2013                     

# of 21 February 2013

# concerning the authorisation of a preparation of sodium benzoate, propionic acid and sodium propionate as a feed additive                        for pigs, poultry, bovines, sheep, goats, rabbits and horses and amending Regulations (EC) No 1876/2006 and (EC) No 757/2007                     

# (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)A preparation of sodium benzoate, propionic acid and sodium propionate was authorised without a time limit in accordance with                              Directive 70/524/EEC as a feed additive for use on pigs and dairy cows by Commission Regulation (EC) No 1876/2006(3) and for cattle for fattening by Commission Regulation (EC) No 757/2007(4). That preparation was subsequently entered in the Register 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, an application was                              submitted for the re-evaluation of that preparation of sodium benzoate, propionic acid and sodium propionate as a feed additive                              for pigs and dairy cows and cattle for fattening and, in accordance with Article 7 of that Regulation, for a new use for pigs,                              poultry, bovines, sheep, goats, rabbits and horses, 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 opinions of 6 September 2011(5) and 24 April 2012(6) that, under the proposed conditions of use, the preparation of sodium benzoate, propionic acid and sodium propionate does                              not have an adverse effect on animal health, human health provided that adequate measures to protect users are taken, or the                              environment, and that it is efficacious in preserving cereals and complete feedingstuff. 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 the preparation of sodium benzoate, propionic acid and sodium propionate shows that the conditions for authorisation,                              as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that preparation should                              be authorised as specified in the Annex to this Regulation.

(6)As a consequence of the granting of a new authorisation under Regulation (EC) No 1831/2003, Regulations (EC) No 1876/2006                              and (EC) No 757/2007 should therefore be amended accordingly.

(7)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.

(8)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.Authorisation

The preparation 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.Amendments to Regulation (EC) No 1876/2006

Article 4 of Regulation (EC) No 1876/2006 and Annex IV thereto are deleted.

## Article 3U.K.Amendments to Regulation (EC) No 757/2007

Article 1 of Regulation (EC) No 757/2007 and Annex I thereto are deleted.

## Article 4U.K.Transitional measures

The preparation specified in the Annex and feed containing that preparation, which are produced and labelled before 14 September                     2013 in accordance with the rules applicable before 14 March 2013 may continue to be placed on the market and used until the                     existing stocks are exhausted.                  

## Article 5U.K.Entry into force

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, 21 February 2013.

*For the Commission*                            

*The President*                            

José Manuel Barroso                            

## ANNEXU.K.

1

OJ L 268, 18.10.2003, p. 29.                           

2

OJ L 270, 14.12.1970, p. 1.                           

3

OJ L 360, 19.12.2006, p. 126.                           

4

OJ L 172, 30.6.2007, p. 43.                           

5

*EFSA Journal* 2011; 9(9):2357.                           

6

*EFSA Journal* 2012; 10(5):2681.