Commission Implementing Regulation (EU) 2023/1698 of 6 September 2023 concerning the renewal of the authorisation of a preparation of potassium diformate as a feed additive for sows (holder of the authorisation: ADDCON Europe GmbH) and repealing Regulation (EU) No 104/2010 (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) A preparation of potassium diformate was authorised for 10 years as a feed additive for sows by Commission Regulation (EU) No 104/2010 (2).

(3) In accordance with Article 14 of Regulation (EC) No 1831/2003, an application was submitted for the renewal of the authorisation of the preparation of potassium diformate as a feed additive for sows in the additive category ‘zootechnical additives’ and in the functional group ‘other zootechnical additives (improvement of zootechnical parameters)’. The application was accompanied by the particulars and documents required under Article 14(2) of that Regulation.

(4) The European Food Safety Authority (‘the Authority’) concluded in its opinions of 29 January 2020 (3) and 18 November 2020 (4) that the preparation of potassium diformate remains safe for sows, the consumers and the environment under the conditions of use currently authorised. It also reiterated that except for ocular irritation potential, no effects requiring specific user protection measures were found.

(5) In accordance with Article 5(4), point (c), of Commission Regulation (EC) No 378/2005 (5), the Reference Laboratory set up by Regulation (EC) No 1831/2003 considered that the conclusions and recommendations reached in the previous assessment are valid and applicable for the current application. In addition, on 28 April 2023, the Reference Laboratory published an addendum to its evaluation report, updating its recommendations for the analytical methods for the determination of potassium diformate (as total formic acid) in the feed additive, premixtures and compound feed, and for the determination of total potassium in the feed additive.

(6) The Annex to Regulation (EU) No 104/2010 provides for the description of the functional group ‘other zootechnical additives (improvement of zootechnical parameters)’. However, in order to ensure consistency with the current approach concerning the authorisation of additives belonging to the functional group of other zootechnical additives, it is appropriate to further specify the function performed by the additive, which is to improve the performance parameters of sows.

(7) The assessment of the preparation of potassium diformate shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the authorisation of this additive should be renewed.

(8) The Commission considers that appropriate protective measures should be taken to prevent adverse effects on human health, in particular as regards the users of the additive. Those protective measures should be without prejudice to other worker safety requirements under Union law.

(9) Since safety reasons do not require the immediate application of the modifications to the conditions of authorisation of the preparation concerned, it is appropriate to provide for a transitional period for the interested parties to prepare themselves to meet the new requirements resulting from the authorisation.

(10) As a consequence of the renewal of the authorisation of the preparation of potassium diformate as a feed additive, Regulation (EU) No 104/2010 should be repealed.

(11) 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 of potassium diformate, belonging to the additive category ‘zootechnical additives’ and to the functional group ‘other zootechnical additives (improvement of performance parameters)’, is renewed subject to the conditions laid down in the Annex.

Article 2

Repeal of Regulation (EU) No 104/2010

Regulation (EU) No 104/2010 is repealed.

Article 3

Transitional measures

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, 6 September 2023.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 268, 18.10.2003, p. 29.

(2) Commission Regulation (EU) No 104/2010 of 5 February 2010 concerning the authorisation of potassium diformate as a feed additive for sows (holder of authorisation BASF SE) and amending Regulation (EC) No 1200/2005 (OJ L 35, 6.2.2010, p. 4.).

(3) EFSA Journal 2020;18(2):6024.

(4) EFSA Journal 2020;18(12):6339.

(5) 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).