Commission Implementing Regulation (EU) 2017/1145 of 8 June 2017 on the withdrawal from the market of certain feed additives authorised pursuant to Council Directives 70/524/EEC and 82/471/EEC and repealing the obsolete provisions authorising those feed additives (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 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 provide 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. Article 10(5) of Regulation (EC) No 1831/2003 imposes an obligation on the Commission to adopt a Regulation withdrawing from the market feed additives which were entered in the Community Register of Feed Additives as existing products and for which no applications in accordance with Article 10(2) and (7) of Regulation (EC) No 1831/2003 were submitted before the deadline provided for in those provisions, or for which an application was submitted but subsequently withdrawn. Therefore such feed additives should be withdrawn from the market. As Article 10(5) does not differentiate between authorisations issued with a time limit and authorisations without a time limit, for clarity reasons it is appropriate to provide for the withdrawal from the market of feed additives whose limited authorisation periods pursuant to Directive 70/524/EEC have already expired.

3. As a consequence of the withdrawal from the market of the feed additives it is appropriate to repeal the provisions authorising them. Consequently Commission Regulations (EC) No 2316/98⁽⁴⁾, (EC) No 1353/2000⁽⁵⁾, (EC) No 2188/2002⁽⁶⁾, (EC) No 261/2003⁽⁷⁾, (EC) No 1334/2003⁽⁸⁾, (EC) No 1259/2004⁽⁹⁾, (EC) No 1288/2004⁽¹⁰⁾, (EC) No 1453/2004⁽¹¹⁾, (EC) No 2148/2004⁽¹²⁾, (EC) No 255/2005⁽¹³⁾, (EC) No 358/2005⁽¹⁴⁾, (EC) No 521/2005⁽¹⁵⁾, (EC) No 600/2005⁽¹⁶⁾, (EC) No 833/2005⁽¹⁷⁾, (EC) No 943/2005⁽¹⁸⁾, (EC) No 1206/2005⁽¹⁹⁾, (EC) No 1458/2005⁽²⁰⁾, (EC) No 1810/2005⁽²¹⁾, (EC) No 1811/2005⁽²²⁾, (EC) No 2036/2005⁽²³⁾, (EC) No 252/2006⁽²⁴⁾, (EC) No 773/2006⁽²⁵⁾, (EC) No 1284/2006⁽²⁶⁾ and (EU) No 1270/2009⁽²⁷⁾ should be amended accordingly and Commission Regulations (EC) No 937/2001⁽²⁸⁾, (EC) No 871/2003⁽²⁹⁾, (EC) No 277/2004⁽³⁰⁾, (EC) No 278/2004⁽³¹⁾, (EC) No 1332/2004⁽³²⁾, (EC) No 1463/2004⁽³³⁾, (EC) No 1465/2004⁽³⁴⁾, (EC) No 833/2005, (EC) No 492/2006⁽³⁵⁾, (EC) No 1443/2006⁽³⁶⁾, (EC) No 1743/2006⁽³⁷⁾, (EC) No 757/2007⁽³⁸⁾ and (EC) No 828/2007⁽³⁹⁾ should be repealed.

4. In the case of feed additives for which applications have been submitted only for certain animal species or categories of animals, or applications have been withdrawn only for certain animal species or categories of animals, the withdrawal from the market should only concern the animal species and categories of animals for which no application has been submitted or the application has been withdrawn.

5. As regards feed additives whose authorisation did not expire until the date of entry into force of this Regulation it is appropriate to allow a transitional period for interested parties within which existing stocks of the additives concerned, premixtures, compound feed and feed materials which have been produced with those additives may be used up, taking account of the shelf-life of certain feed containing the additives in question.

6. The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

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