Commission Implementing Regulation (EU) 2025/183 of 31 January 2025 amending Implementing Regulation (EU) 2017/53 as regards the recommended maximum content of the active substance in complete feedingstuff of a feed additive consisting of nonanoic acid for certain pig and poultry categories
Date: 2025-01-31
Institutions: Directorate-General for Health and Food Safety, European Commission
Subjects: animal feedingstuffs, fattening, food additive, market approval, organic acid, poultry, swine








L_202500183EN.000101.fmx.xml












Official Journal of the European Union


EN
L series













2025/183


3.2.2025







            COMMISSION IMPLEMENTING REGULATION (EU) 2025/183
of 31 January 2025
         
amending Implementing Regulation (EU) 2017/53 as regards the recommended maximum content of the active substance in complete feedingstuff of a feed additive consisting of nonanoic acid for certain pig and poultry categories
(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 13(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 modifying such authorisation.












(2)


Nonanoic acid was authorised for 10 years as a feed additive for all animal species by Commission Regulation (EU) 2017/53 (2).












(3)


In accordance with Article 13(1) of Regulation (EC) No 1831/2003, the Commission requested the European Food Safety Authority (‘the Authority’) to issue an opinion on whether the authorisation of nonanoic acid as feed additive would still meet the conditions laid down in Article 5 of Regulation (EC) No 1831/2003 if the terms of that authorisation were modified. The modification concerns an increase in the recommended maximum content of a feed additive consisting of nonanoic acid. The request was accompanied by the relevant supporting data.












(4)


The Authority concluded in its opinion of 1 February 2024 (3) that nonanoic acid is safe for all poultry for fattening, all poultry reared for laying or breeding, all Suidae for fattening and suckling and weaned piglets of all Suidae at 100 mg/kg feed. It further concluded that the modification of the existing authorisation of the additive would not modify the conclusions on the safety for the consumer and the environment reached in its opinion of 5 April 2013 (4). The Authority also concluded that since nonanoic acid is recognised to flavour food and its function in feed would be essentially the same as that in food, no further demonstration of efficacy is considered necessary. The Authority could not conclude on the additive’s irritancy to skin and eyes nor on its potential for dermal and respiratory sensitisation.












(5)


In view of the above, the Commission considers that the authorisation of the preparation of nonanoic acid as a feed additive still meets the conditions provided for in Article 5 of Regulation (EC) No 1831/2003 when increasing the maximum inclusion level of a feed additive consisting of nonanoic acid from 5 to 100 mg/kg complete feed for all poultry for fattening, all poultry reared for laying or breeding, all Suidae for fattening, and suckling and weaned piglets of all Suidae.












(6)


Implementing Regulation (EU) 2017/53 should therefore be amended accordingly.












(7)


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

Amendment to Implementing Regulation (EU) 2017/53

In the Annex to Implementing Regulation (EU) 2017/53, in the entry for nonanoic acid, eighth column ‘other provisions’, the third point ‘The recommended maximum content of the active substance shall be 5 mg/kg of complete feedingstuff with a moisture content of 12 %.’ is replaced by the following:

                  ‘The recommended maximum content of the active substance per kg of complete feedingstuff with a moisture content of 12 % shall be:






—


100 mg for all poultry for fattening;










—


100 mg for all poultry reared for laying or breeding;










—


100 mg for piglets (suckling and weaned) of all Suidae;










—


100 mg for all Suidae for fattening;










—


5 mg for other animal species and categories.’
                     






Article 2

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, 31 January 2025.


For the Commission


The President

Ursula VON DER LEYEN
            





(1)  
            OJ L 268, 18.10.2003, p. 29, ELI: http://data.europa.eu/eli/reg/2003/1831/oj.

(2)  Commission Implementing Regulation (EU) 2017/53 of 14 December 2016 concerning the authorisation of butan-1-ol, hexan-1-ol, octan-1-ol, nonan-1-ol, dodecan-1-ol, heptan-1-ol, decan-1-ol, pentan-1-ol, ethanol, acetaldehyde, propanal, butanal, pentanal, hexanal, octanal, decanal, dodecanal, nonanal, heptanal, undecanal, 1,1-diethoxyethane, formic acid, acetic acid, propionic acid, valeric acid, hexanoic acid, octanoic acid, decanoic acid, dodecanoic acid, oleic acid, hexadecanoic acid, tetradecanoic acid, heptanoic acid, nonanoic acid, ethyl acetate, propyl acetate, butyl acetate, hexyl acetate, octyl acetate, nonyl acetate, decyl acetate, dodecyl acetate, heptyl acetate, methyl acetate, methyl butyrate, butyl butyrate, pentyl butyrate, hexyl butyrate, octyl butyrate, ethyl decanoate, ethyl hexanoate, propyl hexanoate, pentyl hexanoate, hexyl hexanoate, methyl hexanoate, ethyl formate, ethyl dodecanoate, ethyl tetradecanoate, ethyl nonanoate, ethyl octanoate, ethyl propionate, methyl propionate, ethyl valerate, butyl valerate, ethyl hex-3-enoate, ethyl hexadecanoate, ethyl trans-2- butenoate, ethyl undecanoate, butyl isovalerate, hexyl isobutyrate, methyl 2-methylbutyrate, hexyl 2- methylbutyrate, triethyl citrate, hexyl isovalerate and methyl 2-methylvalerate as feed additives for all animal species (OJ L 13, 17.1.2017, p. 1, ELI: http://data.europa.eu/eli/reg_impl/2017/53/oj).

(3)  
            EFSA Journal 2024;22(2):e 8642.

(4)  
            EFSA Journal 2013;11(4):3169.


ELI: http://data.europa.eu/eli/reg_impl/2025/183/oj
ISSN 1977-0677 (electronic edition)