# Commission Regulation (EU) No 5/2014Show full title

Commission Regulation (EU) No 5/2014 of 6 January 2014 amending Directive 2008/38/EC establishing a list of intended uses            of animal feedingstuffs for particular nutritional purposes (Text with EEA relevance)         

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U.K.

# Commission Regulation (EU) No 5/2014                     

# of 6 January 2014

# amending Directive 2008/38/EC establishing a list of intended uses of animal feedingstuffs for particular nutritional purposes

# (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 767/2009 of the European Parliament and of the Council of 13 July 2009 on the placing                           on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council                           Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and                           96/25/EC and Commission Decision 2004/217/EC(1), and in particular Article 10(5) thereof,                        

Whereas:

(1)In accordance with Article 32(2) of Regulation (EC) No 767/2009, several applications for authorisation were submitted to                              the Commission before 1 September 2010 for updating the list of intended uses as referred to in Article 10 of that Regulation.

(2)Some of those applications concern changes of the conditions associated with the particular nutritional purposes ‘Nutritional                              restoration, convalescence’ as regards dogs and ‘Stabilisation of physiological digestion’ in respect of feed that may contain                              additives in concentrations higher than 100 times the relevant fixed maximum content in complete feed as referred to in Article                              8(2) of Regulation (EC) No 767/2009. The other applications concern new particular nutritional purposes with respect to the                              requirement established in Article 8(2) of Regulation (EC) No 767/2009.

(3)In addition, in accordance with Article 10 of Regulation (EC) No 767/2009, the Commission received an application to add the                              particular nutritional purpose ‘Reduction of iodine levels in feed in case of hyperthyroidism’ as regards cats.

(4)A specific way of feeding is the administration of a bolus. In order to guarantee an appropriate and safe use of a bolus as                              feed for particular nutritional purposes, general requirements should be established for the conditions associated with certain                              intended uses.

(5)The Commission made all applications, including the dossiers, available to the Member States.

(6)The dossiers included in the applications demonstrate that the specific composition of the respective feeds fulfil the particular                              intended nutritional purposes ‘Nutritional restoration, convalescence‘ as regards dogs, ‘Stabilisation of physiological digestion’‘Reduction                              of iodine levels in feed in case of hyperthyroidism’ as regards cats, ‘Support the preparation for and recovery from sport                              effort’ as regards equidae, ‘Compensation for insufficient iron availability after birth’ as regards suckling piglets and                              calves, ‘Support the regeneration of hooves, trotters and skin’ as regards horses, ruminants and pigs, ‘Support the preparation                              for oestrus and reproduction’ as regards mammals and birds and ‘Long-term supply of grazing animals with trace elements and/or                              vitamins’ as regards ruminants with a functional rumen.

(7)Furthermore, the evaluation showed that the feeds concerned have no adverse effects on animal health, human health, the environment                              or animal welfare. The evaluation of the dossiers included verification that the characterisation ‘high level of a certain                              feed additive’ implies an important level of the respective additive which is close to the relevant fixed maximum content                              in complete feed but not exceeding this content.

(8)The applications are therefore valid and the particular nutritional purposes should be added to the list of intended uses                              and the conditions associated with the particular nutritional purposes ‘Nutritional restoration, convalescence’ and ‘Stabilisation                              of physiological digestion’ should be changed.

(9)Directive 2008/38/EC should therefore be amended accordingly.

(10)Since safety reasons do not require the immediate application of the modifications for the feed currently legally placed on                              the market, it is appropriate to allow a transitional period for interested parties to prepare themselves to meet the new                              requirements.

(11)The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain                              and Animal Health and neither the European Parliament nor the Council has opposed them,

HAS ADOPTED THIS REGULATION:

# Article 1U.K.

Annex I to Directive 2008/38/EC is amended in accordance with the Annex to this Regulation.

# Article 2U.K.

Feed included in the Annex to this Regulation and referred to in Article 8(2) of Regulation (EC) No 767/2009 that have already                     been legally placed on the market before 1 September 2010 which are produced and labelled before 27 July 2014 may continue                     to be placed on the market and used until the existing stocks are exhausted. In case this feed is intended for pets, the date                     mentioned in the last sentence is 27 January 2016.                  

# 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, 6 January 2014.

*For the Commission*                            

*The President*                            

José Manuel Barroso                            

## ANNEXU.K.

Annex I to Directive 2008/38/EC is amended as follows:

In Part A, the following point is added:

### ‘10.When a feed intended for particular nutritional purposes is placed on the market in the form of a bolus, being a feed material                                    or complementary feed intended for individual oral administration by forced feeding, the label of the feed shall, if applicable,                                    mention the maximum period of continuously release of the bolus and the daily release rate for each additive for which a maximum                                    content in complete feed is fixed. At the request of the competent authority the feed business operator which is placing a                                    bolus on the market shall provide proof that the daily available additive level in the digestive tract will not exceed, if                                    applicable, the maximum content of the additive established per kg complete feed during the whole feeding period (slow release                                    effect). It is recommended that feed in form of bolus is administered by a veterinarian or any other competent person.’

Part B is amended as follows:

The following row is inserted between the row of the particular nutritional purpose ‘Regulation of lipid metabolism in the                                       case of hyperlipidaemia’ and the row of the particular nutritional purpose ‘Reduction of copper in the liver’:                                    

The row of the particular nutritional purpose ‘Nutritional restoration, convalescence’, species or category of animals: ‘dogs                                       and cats’, is replaced by the following:                                    

The row of the particular nutritional purpose ‘Stabilisation of physiological digestion’ is replaced by the following:

The following rows are inserted between the row of the particular nutritional purpose ‘Reduction of the risk of acidosis’                                       and the row for the particular nutritional purpose ‘Stabilisation of water and electrolyte balance’:                                    

The following row is inserted between the row of the particular nutritional purpose ‘Compensation of electrolyte loss in the                                       cases of heavy sweating’ and the row of the particular nutritional purpose ‘Nutritional restoration, convalescence’, species                                       or category of animals: ‘equidae’:                                    

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OJ L 229, 1.9.2009, p. 1.