Commission Regulation (EC) No 102/2009 of 3 February 2009 concerning the permanent authorisation of an additive in feedingstuffs (Text with EEA relevance)
Date: 2009-02-03
Institutions: European Commission
Subjects: animal nutrition, enzyme, food additive, foodstuffs legislation, microorganism

L 34/8

EN

Official Journal of the European Union

4.2.2009

COMMISSION REGULATION (EC) No 102/2009

of 3 February 2009

concerning the permanent authorisation of an additive in feedingstuffs

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

Having regard to the Treaty
Community,

establishing the European

regard

Having
of
23 November 1970 concerning additives in feedingstuffs (1),
and in particular Articles 3 and 9d(1) thereof,

Council Directive

70/524/EEC

to

calves

The use of the micro-organism preparation of Entero­
coccus faecium NCIMB 10415 was provisionally authorised
for dogs and cats by Commission Regulation (EC) No
358/2005 (3).
It was authorised without a time limit
for
(EC) No
by Commission Regulation
1288/2004 (4), for chickens for fattening and pigs for
(EC) No
fattening
943/2005 (5), for sows by Commission Regulation (EC)
No 1200/2005 (6) and for piglets by Commission Regu­
lation (EC) No 252/2006 (7).

Commission

Regulation

by

the
Having regard to Regulation (EC) No 1831/2003 of
European Parliament and of
the Council of 22 September
2003 on additives for use in animal nutrition (2), and in
particular Article 25 thereof,

Whereas:

(6)

(7)

New data were submitted in support of an application
for authorisation without a time limit of that micro-
organism preparation for dogs and cats.

The assessment shows that the conditions laid down in
Article 3a of Directive 70/524/EEC for such authorisation
are satisfied. Accordingly, the use of that micro-organism
preparation, as specified in the Annex to this Regulation,
should be authorised without a time limit.

(1)

Regulation (EC) No 1831/2003 provides for the autho-
risation of additives for use in animal nutrition.

(8)

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

opinion

the

the

of

Article 25 of Regulation (EC) No 1831/2003 lays down
transitional measures for applications for the authori-
sation of
feed additives submitted in accordance with
Directive 70/524/EEC before the date of application of
Regulation (EC) No 1831/2003.

HAS ADOPTED THIS REGULATION:

Article 1

The application for the authorisation of the additive set
out in the Annex to this Regulation was submitted before
the
application of Regulation (EC) No
1831/2003.

date of

The preparation belonging to the group ‘micro-organisms’, as
specified in the Annex,
is authorised without a time limit as
additive in animal nutrition under the conditions laid down in
that Annex.

Initial comments on that application, as provided for in
Article 4(4) of Directive 70/524/EEC, were forwarded to
the Commission before the date of application of Regu­
lation (EC) No 1831/2003. That application is therefore
to continue to be treated in accordance with Article 4 of
Directive 70/524/EEC.

(1) OJ L 270, 14.12.1970, p. 1.
(2) OJ L 268, 18.10.2003, p. 29.

Article 2

This Regulation shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

(3) OJ L 57, 3.3.2005, p. 3.
(4) OJ L 243, 15.7.2004, p. 10.
(5) OJ L 159, 22.6.2005, p. 6.
(6) OJ L 195, 27.7.2005, p. 6.
(7) OJ L 44, 15.2.2006, p. 3.

(2)

(3)

(4)

4.2.2009

EN

Official Journal of the European Union

L 34/9

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 3 February 2009.

For the Commission

Androulla VASSILIOU
Member of the Commission

L 34/10

EN

Official Journal of the European Union

4.2.2009

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