Commission Implementing Regulation (EU) 2023/2733 of 7 December 2023 concerning the authorisation of a preparation of diclazuril (Coxiril) as a feed additive for chickens reared for laying and pheasants (holder of authorisation: Huvepharma NV) and correcting Implementing Regulation (EU) 2015/46

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 such an authorisation.

2. In accordance with Article 7 of Regulation (EC) No 1831/2003, two applications were submitted for the authorisation of a preparation of diclazuril as a feed additive. Those applications were accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

3. Those applications concern the authorisation of a preparation of diclazuril (Coxiril) as a feed additive for chickens reared for laying and pheasants respectively, requesting that additive to be classified in the category ‘coccidiostats and histomonostats’.

4. The preparation of diclazuril (Coxiril) is already authorised as a feed additive for chickens for fattening, turkeys for fattening, as well as guinea fowls for fattening and breeding by Commission Implementing Regulation (EU) 2015/46⁽²⁾.

5. The European Food Safety Authority (‘the Authority’) concluded in its opinions of 20 February 2018⁽³⁾ and 23 March 2023⁽⁴⁾ that, under the proposed conditions of use, the preparation of diclazuril (Coxiril) is safe for chickens reared for laying and pheasants. It is safe for consumers provided that the maximum residue limits (‘MRLs’) established for poultry are not exceeded. As regards the environment, the Authority concluded that no risk is expected for the terrestrial compartment and for sediment (in both acidic and non-acidic soils), that no concern is expected for groundwater for both acidic and non-acidic soils, that no conclusions can be drawn for the aquatic compartment due to the lack of data and that the preparation of diclazuril (Coxiril) does not have the potential for bioaccumulation, therefore making a risk of secondary poisoning unlikely. It also concluded that the preparation of diclazuril (Coxiril) is considered as a non-irritant to eyes and skin, is not a potential skin sensitiser, and that user inhalation exposure is unlikely to cause respiratory or systemic toxicity. The Authority further concluded that the preparation of diclazuril (Coxiril) has the potential to control coccidiosis at the proposed conditions of use. It recommended undertaking field monitoring of Eimeria spp. resistance to diclazuril, preferably during the latter part of the period of authorisation. In accordance with Article 5(4), point (a), 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 concerning the same additive are valid and applicable for the current application.

6. In view of the above, considering that chickens reared for laying and pheasants are exclusively kept in the terrestrial compartment, the Commission considers that the preparation of diclazuril (Coxiril) satisfies the conditions for authorisation provided for in Article 5 of Regulation (EC) No 1831/2003. Accordingly, the use of that preparation should be authorised for chickens reared for laying and pheasants. It is appropriate to provide for post-market monitoring on the resistance of Eimeria spp. to diclazuril and to mention that, in accordance with article 9(7) of Regulation (EC) No 1831/2003, the maximum residue limits established in Commission Regulation (EU) No 37/2010⁽⁶⁾ for diclazuril in poultry apply in the relevant foodstuffs derived from the animals fed with that preparation.

7. In the last column of the Annex to Implementing Regulation (EU) 2015/46, on maximum residue limits (MRLs) in the relevant foodstuffs of animal origin, reference is made to Regulation (EU) No 37/2010 and the MRLs are also detailed. However, in accordance with article 9(7) of Regulation (EC) No 1831/2003, where an MRL has already been established for a substance under Community rules, that MRL shall also apply to residues of the active substance or its metabolites originating from the use of the substance as a feed additive. The MRLs established in Regulation (EU) No 37/2010 for diclazuril in poultry therefore also apply under Implementing Regulation (EU) 2015/46 and a reference to Regulation (EU) No 37/2010 was sufficient without adding the details of the MRLs. Consequently, the Annex to Implementing Regulation (EU) 2015/46 should be corrected accordingly.

8. 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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