REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts pursuant 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
Date: 2024-04-29
Institutions: Directorate-General for Health and Food Safety, European Commission
Subjects: European Commission, animal nutrition, delegated legislation, food additive, food inspection, labelling, market approval, powers of the institutions (EU), transfer of competence

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   EUROPEAN COMMISSION  Brussels, 29.4.2024  COM(2024) 179 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts pursuant 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. 

INTRODUCTION AND LEGAL BASIS 

The Regulation on additives for use in animal nutrition (‘the Regulation’)1 establishes a 
Union procedure for authorising the placing on the market and use of feed additives. It 
also lays down rules for the supervision and labelling of feed additives and premixtures. 
The  overall  objective  is  to  provide  the  basis  for  the  assurance  of  a  high  level  of 
protection of human health, animal health and welfare, environment and  of users' and 
consumers'  interests  in  relation  to  feed  additives,  whilst  ensuring  the  effective 
functioning of the internal market. 

The  Regulation  empowers  the  Commission  to  adopt  delegated  acts  as  referred  to  in 
Article 21a(1), with a view to: 

•  amend Annex IV to the Regulation on the general conditions of use of additives, in 
order  to  adapt  these  general  conditions  to  technological  progress  or  scientific 
development, as provided for in Article 3(5); 

•  amend  Annex  I  to  the  Regulation  on  the  additive  groups,  in  order  to  adapt  feed 
additive  categories  and  functional  groups  as  a  result  of  technological  progress  or 
scientific development, as provided for in Article 6(3); 

•  supplement the Regulation by establishing rules to allow for simplified provisions 
for  the  authorisation  of  additives  which  have  been  authorised  for  use  in  food,  as 
provided for in the third subparagraph of Article 7(5); 

•  amend Annex III to the Regulation on additional specific labelling and information 
requirements  for  certain  additives  and  premixtures,  to  take  technological  progress 
and scientific development into account, as provided for in Article 16(6); 

•  amend  Annex  II  to  the  Regulation  on  the  duties  and  tasks  of  the  Community 

Reference Laboratory, as provided for in Article 21. 

The present report is required under Article 21a(2) of the Regulation, which confers on 
the  Commission  the  power  to  adopt  delegated  acts  referred  to  in  Article  3(5),  Article 
6(3), Article 7(5),  Article  16(6) and  Article  21 of that Regulation for a period of five 
years from 26 July 2019. The Commission is required to prepare a report in respect to 
this  delegation  of  power  not  later  than  nine  months  before  the  end  of  the  five-year 
period.  

2.  EXERCISE OF THE DELEGATION 

The  empowerments  under  Article  3(5),  Article  6(3),  Article  7(5),  Article  16(6)  and 
Article  21  of  the  Regulation  have  not  been  used  during  the  reporting  period.  This  is 
inter alia due to  the fact that measures had  already been  adopted before  the reporting 
period as regards all of the subject matters covered by those empowerments: 

1  Regulation  (EC)  No  1831/2003  of  the  European  Parliament  and  of  the  Council  of  22  September  2003  on 
additives 
ELI: 
use 
http://data.europa.eu/eli/reg/2003/1831/oj). 

18.10.2003, 

nutrition 

animal 

268, 

(OJ 

29, 

for 

in 

p. 

L 

1 

 
 
 
•  An amendment to Annex IV to the Regulation, regarding the general conditions of 

use of additives, was brought by Commission Regulation (EU) 2015/3272; 

•  Several  amendments  to  Annex  I to  the Regulation,  regarding the establishment of 
new functional groups of additives, were brought by Commission Regulation (EC) 
No  386/20093,  Commission  Regulation  (EU)  2015/22944  and  Commission 
Regulation (EU) 2019/9625; 

•  Rules  concerning  the  preparation  and  presentation  of  applications  and  the 
assessment  and  the  authorisation  of  additives,  providing  for  simplified  procedures 
for additives which have been authorised for use in food, have been established by 
Commission Regulation (EC) No 429/20086; 

•  An  amendment  to  Annex  III  to  the  Regulation,  regarding  specific  additional 
labelling  and  information  requirements  for  certain  additives  and  premixtures,  was 
brought by Commission Regulation (EU) 2015/327; 

•  An amendment to Annex II to the Regulation, regarding the duties and tasks of the 
Community  Reference  Laboratory,  was  brought  by  Commission  Regulation  (EC) 
No 378/20057. 

During  the  reporting  period,  no  significant  technological  progress  or  scientific 
development has required further amendments to Annexes I, III or IV to the Regulation. 
In  addition,  experience  in  the  application  of  Annex  II  to  the  Regulation  and  of  the 
simplified procedures for additives which have been authorised for use in food has not 
given  rise,  during  the  past  five-year  period,  to  the  need  for  further  amendments  of  or 
supplementation to those provisions. 

The  high  number  of  applications  for  authorisation  of  various  additives  may  require 
within the next five-year period a new amendment to Annex I to the Regulation in order 
to  adapt  the  functional  groups  to  new  types  of  additives  as  a  result  of  technological 
progress  and  scientific  development.  In  addition,  continuous  experience  or  further 
technological or scientific development in the sector of additives might require the use 
of the empowerments provided for in the Regulation. 

L 

p. 

of 

58, 

(OJ 

use 

3.3.2015, 

consisting 

preparations 

2  Commission  Regulation  (EU)  2015/327  of  2  March  2015  amending  Regulation  (EC)  No  1831/2003  of  the 
European Parliament and of the Council as regards requirements for the placing on the market and conditions 
of 
46, 
of 
additives 
ELI:  http://data.europa.eu/eli/reg/2015/327/oj). 
3 Commission Regulation (EC)  No 386/2009 of 12 May 2009 amending Regulation  (EC)  No 1831/2003 of the 
European  Parliament  and  of  the  Council  as  regards  the  establishment  of  a  new  functional  group  of  feed 
additives (OJ L 118, 13.5.2009, p. 66, ELI: http://data.europa.eu/eli/reg/2009/386/oj). 
4 Commission Regulation (EU) 2015/2294 of 9 December 2015 amending Regulation (EC) No 1831/2003 of the 
European  Parliament  and  of  the  Council  as  regards  the  establishment  of  a  new  functional  group  of  feed 
additives (OJ L 324, 10.12.2015, p. 3, ELI:  http://data.europa.eu/eli/reg/2015/2294/oj). 
5 Commission Regulation (EU) 2019/962 of 12 June 2019 amending Annex I to Regulation (EC) No 1831/2003 of 
the European Parliament and of the Council as regards the establishment of two new functional groups of feed 
additives (OJ L 156, 13.6.2019, p. 1, ELI: http://data.europa.eu/eli/reg/2019/962/oj). 
6  Commission  Regulation  (EC)  No  429/2008  of  25  April  2008  on  detailed  rules  for  the  implementation  of 
Regulation (EC) No 1831/2003 of the European Parliament and of the Council as regards the  preparation and 
the  presentation  of  applications  and  the  assessment  and  the  authorisation  of  feed  additives  (OJ  L  133, 
22.5.2008, p. 1, ELI:  http://data.europa.eu/eli/reg/2008/429/oj). 
7  Commission  Regulation  (EC)  No  378/2005  of  4  March  2005  on  detailed  rules  for  the  implementation  of 
Regulation (EC) No 1831/2003 of the European Parliament and of the Council as regards the duties and tasks 
of the Community Reference Laboratory concerning applications for authorisations of feed additives (OJ L 59, 
5.3.2005, p. 8,  ELI: http://data.europa.eu/eli/reg/2005/378/oj). 

2 

 
 
 
3.  CONCLUSION 

The  Commission  sees  the  need  for  the  tacit  extension  of  the  delegation  of  power  as 
provided  for  in  Article  21a  of  the  Regulation  for  another  period  of  five  years,  in 
accordance with  that Article. This  is  due to  the fact  that the  possible need to  develop 
rules  based  on  the  empowerments  referred  to  by  Article  21a  of  the  Regulation  will 
continue  to  exist  in  the  future.  The  extension  of  the  delegation  of  powers  will  be 
important  to  provide  the  necessary  flexibility  in  the  legal  framework,  to  complement 
and  adjust  it  regularly,  taking  into  account  technological  progress  and  the  latest 
scientific developments,  and to allow the Commission to act in the areas where  it did 
not act to this moment, but may need to do so in the future. 

With  this  report,  the  Commission  complies  with  the  reporting  requirement  under 
Article 21a(2) of Regulation (EC) No 1831/2003 and invites the European Parliament 
and the Council to take note of this report. 

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