EN
L 119/84
Official Journal of the European Union
21.4.2022
COMMISSION IMPLEMENTING REGULATION (EU) 2022/654 of 20 April 2022 concerning the authorisation of butylated hydroxyanisole as a feed additive for cats (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 Articles 9(2) and 10(5) 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 such authorisation.
In particular, Article 10(2), in conjunction with Article 10(7) of that Regulation, provides for specific procedures for the re-evaluation of additives authorised pursuant to Council Directive 70/524/EEC (2) and Council Directive 82/471/EEC (3).
(2)
Butylated hydroxyanisole was authorised without a time limit as a feed additive for all animal species in accordance with Council Directive 70/524/EEC.
This additive has been subsequently entered in the Register of feed additives as an existing product, in accordance with Article 10(1) of Regulation (EC) No 1831/2003.
(3)
In accordance with Article 10(2) of Regulation (EC) No 1831/2003 in conjunction with Article 7 thereof, an application was submitted for the re-evaluation of butylated hydroxyanisole as a feed additive for all animal species.
The applicant has later withdrawn the application with regard to cats, due to the adoption by EFSA on 12 November 2019 (4) of a non-favourable opinion concerning the safety of the additive for use for cats.
The re-evaluation of butylated hydroxyanisole resulted in the authorisation thereof as a feed additive for all animal species except cats, by Commission Implementing Regulation (EU) 2020/1399 (5).
(4)
Article 10(5) of Regulation (EC) No 1831/2003 requires the adoption of a Regulation withdrawing from the market feed additives for which no application in accordance with Article 10(2) and (7) of that Regulation was submitted before the deadline set in those provisions, or for which an application was submitted but subsequently withdrawn.
(5)
Since the applicant has withdrawn the application with regard to cats, butylated hydroxyanisole (E 320) should be withdrawn from the market as a feed additive for cats.
(6)
In accordance with Article 7 of Regulation (EC) No 1831/2003, a new application was submitted for the authorisation of butylated hydroxyanisole as a feed additive for cats, to be classified in the category ‘technological additives’ and in the functional group ‘antioxidants’.
That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.
(1) (2) (3) (4) (5)
OJ L 268, 18.10.2003, p. 29.
Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (OJ L 270, 14.12.1970, p. 1).
Council Directive 82/471/EEC of 30 June 1982 concerning certain products used in animal nutrition (OJ L 213, 21.7.1982, p. 8).
EFSA Journal 2019;17(12):5913.
Commission Implementing Regulation (EU) 2020/1399 of 5 October 2020 concerning the authorisation of butylated hydroxyanisole as a feed additive for all animal species except cats (OJ L 324, 6.10.2020, p. 29).