Commission Implementing Regulation (EU) 2024/1757 of 25 June 2024 concerning the renewal of the authorisation of a preparation of Lentilactobacillus buchneri NCIMB 30139 as a feed additive for all animal species and amending Implementing Regulation (EU) No 96/2013
Date: 2024-06-25
Institutions: Directorate-General for Health and Food Safety, European Commission
Subjects: animal feedingstuffs, food additive, market approval








L_202401757EN.000101.fmx.xml












Official Journal of the European Union


EN
L series













2024/1757


26.6.2024







            COMMISSION IMPLEMENTING REGULATION (EU) 2024/1757
of 25 June 2024
         
concerning the renewal of the authorisation of a preparation of Lentilactobacillus buchneri NCIMB 30139 as a feed additive for all animal species and amending Implementing Regulation (EU) No 96/2013
(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 and renewing such authorisation.












(2)


The preparation of Lentilactobacillus buchneri NCIMB 30139 (previously taxonomically identified as Lactobacillus buchneri NCIMB 30139) was authorised for a period of 10 years as a feed additive for all animal species by Commission Implementing Regulation (EU) No 96/2013 (2).












(3)


In accordance with Article 14(1) of Regulation (EC) No 1831/2003, an application was submitted for the renewal of the authorisation of the preparation of Lentilactobacillus buchneri NCIMB 30139 as a feed additive for all animal species, requesting the additive to be classified in the additive category ‘technological additives’ and in the functional group ‘silage additives’. That application was accompanied by the particulars and documents required under Article 14(2) of Regulation (EC) No 1831/2003.












(4)


The European Food Safety Authority (‘the Authority’) concluded in its opinion of 6 December 2023 (3) that the preparation of Lentilactobacillus buchneri NCIMB 30139 remains safe for all animal species, the consumers and the environment under the conditions of use currently authorised. It also concluded that the additive is not skin irritant but is considered as a respiratory sensitiser. No conclusions could be drawn on its eye irritancy or its skin sensitisation potential. The Authority also indicated that there is no need for assessing the efficacy of the additive as the application for renewal of its authorisation does not include a proposal for amending or supplementing the conditions of the original authorisation which would have an impact on the efficacy of the additive.












(5)


The Reference Laboratory set up by Regulation (EC) No 1831/2003 considered that the conclusions and recommendations reached in the assessment carried out regarding the method of analysis of the preparation of Lentilactobacillus buchneri NCIMB 30139 as a feed additive in the context of the previous authorisation are valid and applicable for the current application. In accordance with Article 5(4), point (c), of Commission Regulation (EC) No 378/2005 (4), an evaluation report of the Reference Laboratory is therefore not required.












(6)


In view of the above, the Commission considers that the preparation of Lentilactobacillus buchneri NCIMB 30139 satisfies the conditions provided for in Article 5 of Regulation (EC) No 1831/2003. Accordingly, the authorisation of that additive should be renewed. In addition, the Commission considers that appropriate protective measures should be taken to prevent adverse effects on the health of the users of the additive. Those protective measures should be without prejudice to other workers’ safety requirements under Union law.












(7)


As a consequence of the renewal of the authorisation of the preparation of Lentilactobacillus buchneri NCIMB 30139 as a feed additive, Implementing Regulation (EU) No 96/2013 should be amended accordingly.












(8)


Since safety reasons do not require the immediate application of the modifications to the conditions of authorisation of the preparation of Lentilactobacillus buchneri NCIMB 30139, it is appropriate to provide for a transitional period for interested parties to prepare themselves to meet the new requirements resulting from the renewal of the authorisation.












(9)


The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,





HAS ADOPTED THIS REGULATION:



Article 1

Renewal of the authorisation

The authorisation of the preparation specified in the Annex, belonging to the additive category ‘technological additives’ and to the functional group ‘silage additives’, is renewed subject to the conditions laid down in that Annex.


Article 2

Amendment to Implementing Regulation (EU) No 96/2013

In the Annex to Implementing Regulation (EU) No 96/2013, entry 1k20734 on ‘Lactobacillus buchneri NCIMB 30139’ is deleted.


Article 3

Transitional measures

The preparation specified in the Annex and feed containing it, which are produced and labelled before 16 July 2025 in accordance with the rules applicable before 16 July 2024 may continue to be placed on the market and used until the existing stocks are exhausted.


Article 4

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, 25 June 2024.


For the Commission


The President

Ursula VON DER LEYEN
            





(1)  
            OJ L 268, 18.10.2003, p. 29, ELI: https://eur-lex.europa.eu/eli/reg/2003/1831/oj.

(2)  Commission Implementing Regulation (EU) No 96/2013 of 1 February 2013 concerning the authorisation of a preparation of Lactobacillus buchneri NCIMB 30139 and of a preparation of Lactobacillus casei ATTC PTA 6135 as feed additives for all animal species (OJ L 33, 2.2.2013, p. 21, ELI: http://data.europa.eu/eli/reg_impl/2013/96/oj).

(3)  
            EFSA Journal, 21(12), e8511.

(4)  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).




ANNEX













Identification number of the feed additive


Additive


Composition, chemical formula, description, analytical method


Species or category of animal


Maximum age


Minimum content


Maximum content


Other provisions


End of period of authorisation




CFU/kg of fresh material





Category: technological additives. Functional group: silage additives





1k20734



Lentilactobacillus buchneri NCIMB 30139



Additive composition

Preparation of 
Lentilactobacillus buchneri NCIMB 30139 containing a minimum of 5 × 1010 CFU/g additive
Solid form


All animal species


—


 


—








1.


In the directions for use of the additive and premixtures, the storage conditions shall be indicated.










2.


The additive shall only be used in easy to ensile fresh material (2).










3.


Minimum dose of the additive when it is not used in combination with other micro-organisms as silage additives: 1 × 108 CFU/kg fresh material.










4.


For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks resulting from their use. Where those risks cannot be eliminated by such procedures and measures, the additive and premixtures shall be used with personal skin, eye and breathing protective equipment.






16 July 2034





Characterisation of the active substance

Viable cells of 
Lentilactobacillus buchneri NCIMB 30139






Analytical method
 (1)

Enumeration in the feed additive of 
Lentilactobacillus buchneri NCIMB 30139:






—


Spread plate method on MRS agar (EN 15787)




Identification of 
Lentilactobacillus buchneri NCIMB 30139:






—


Pulsed Field Gel Electrophoresis (PFGE) - CEN/TS 17697 or DNA sequencing methods










(1)  Details of the analytical methods are available at the following address of the Reference Laboratory: https://joint-research-centre.ec.europa.eu/eurl-fa-eurl-feed-additives/eurl-fa-authorisation/eurl-fa-evaluation-reports_en


(2)  Easy to ensile forage: > 3 % soluble carbohydrates in fresh material in accordance with 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).



ELI: http://data.europa.eu/eli/reg_impl/2024/1757/oj
ISSN 1977-0677 (electronic edition)