Commission Directive 2008/82/EC of 30 July 2008 amending Directive 2008/38/EC as regards feedingstuffs intended for the support of the renal function in case of chronic renal insufficiency (Text with EEA relevance)

31.7.2008 EN Official Journal of the European Union L 202/48
COMMISSION DIRECTIVE 2008/82/EC
of 30 July 2008
amending Directive 2008/38/EC as regards feedingstuffs intended for the support of the renal function in case of chronic renal insufficiency
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 93/74/EEC of 13 September 1993 on feedingstuffs intended for particular nutritional purposes (1), and in particular Article 6(c) thereof,
Whereas:
(1) Commission Directive 2008/38/EC of 5 March 2008 establishing a list of intended uses of animal feedingstuffs for particular nutritional purposes (2) includes as a particular nutritional purpose the ‘support of renal function in case of chronic renal insufficiency’.
(2) By Regulation (EC) No 163/2008 (3), the Commission authorised the preparation lanthanum carbonate octahydrate as a zootechnical feed additive for cats. This authorisation was based on an opinion of the European Food Safety Authority of 18 September 2007 (4). In that opinion that Authority considered that supplementation of diets with that preparation results in a decrease in phosphorus excretion via urine and an increase in its excretion via faeces, linked to a decrease in apparent phosphorus digestibility. It concluded that that preparation can reduce the phosphorus absorption of adult cats.
(3) Directive 2008/38/EC already includes feed with a low level of phosphorus in the line ‘support of renal function in case of chronic renal insufficiency’. The same positive effect can be obtained if the absorption of phosphorus contained in the feed is reduced. Lanthanum carbonate octahydrate should therefore be included in the line ‘Support of renal function in case of chronic renal insufficiency’ in the list of intended uses in Part B of the Annex I to Directive 2008/38/EC.
(4) Directive 2008/38/EC should therefore be amended accordingly.
(5) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,