Commission Regulation (EC) No 102/2009 of 3 February 2009 concerning the permanent authorisation of an additive in feedingstuffs (Text with EEA relevance)

4.2.2009 EN Official Journal of the European Union L 34/8
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
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (1), and in particular Articles 3 and 9d(1) thereof,
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 (2), and in particular Article 25 thereof,
Whereas:
(1) Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition.
(2) Article 25 of Regulation (EC) No 1831/2003 lays down transitional measures for applications for the authorisation of feed additives submitted in accordance with Directive 70/524/EEC before the date of application of Regulation (EC) No 1831/2003.
(3) The application for the authorisation of the additive set out in the Annex to this Regulation was submitted before the date of application of Regulation (EC) No 1831/2003.
(4) 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 Regulation (EC) No 1831/2003. That application is therefore to continue to be treated in accordance with Article 4 of Directive 70/524/EEC.
(5) The use of the micro-organism preparation of Enterococcus 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 calves by Commission Regulation (EC) No 1288/2004 (4), for chickens for fattening and pigs for fattening by Commission Regulation (EC) No 943/2005 (5), for sows by Commission Regulation (EC) No 1200/2005 (6) and for piglets by Commission Regulation (EC) No 252/2006 (7).
(6) New data were submitted in support of an application for authorisation without a time limit of that micro-organism preparation for dogs and cats.
(7) 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.
(8) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,