BAKGRUNN (fra kommisjonsforordningen)

(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, modifying and renewing such an authorisation.

(2) A preparation of Bacillus velezensis ATCC PTA-6737, previously taxonomically identified as Bacillus subtilis ATCC PTA-6737, was authorised for a period of 10 years as a feed additive for turkeys for fattening and turkeys reared for breeding by Commission Implementing Regulation (EU) No 787/2013 (2), for weaned piglets and weaned Suidae other than Sus scrofa domesticus by Commission Implementing Regulation (EU) No 306/2013 (3), for sows by Commission Implementing Regulation (EU) 2017/2276 (4) and for chickens for fattening, chickens reared for laying and minor poultry species except minor poultry for laying by Commission Implementing Regulation (EU) 2023/366 (5).

(3) In accordance with Article 14(1) of Regulation (EC) No 1831/2003, an application was submitted for the renewal of the authorisation of the preparation of Bacillus velezensis ATCC PTA-6737 as a feed additive for turkeys for fattening and turkeys reared for breeding, requesting that additive to be classified in the additive category ‘zootechnical additives’ and in the functional group ‘gut flora stabilisers’. That application included a proposal for amending the conditions of the original authorisation, consisting in an increase of the minimum concentration of the active agent in the preparation from 1 × 1010 CFU/g additive to 8 × 1010 CFU/g additive and an addition of the possibility to use the additive in combination with the coccidiostat halofuginone. That application was accompanied by the particulars and documents required under Article 14(2) of Regulation (EC) No 1831/2003.

(4) In accordance with Article 14(1) of Regulation (EC) No 1831/2003, another application was submitted for the renewal of the authorisation of the preparation of Bacillus velezensis ATCC PTA-6737 as a feed additive for weaned piglets, weaned Suidae other than Sus scrofa domesticus, and sows, requesting that additive to be classified in the additive category ‘zootechnical additives’ and in the functional group ‘gut flora stabilisers’. That application included a proposal for amending the conditions of the original authorisations, consisting in an increase of the minimum concentration of the active agent in the preparation from 1 × 1010 CFU/g additive to 8 × 1010 CFU/g additive, and, as regards the use for sows, in a removal of the restriction of use in sows from three weeks before farrowing to whole lactation period. That application was accompanied by the particulars and documents required under Article 14(2) of Regulation (EC) No 1831/2003.

(5) In accordance with Article 7 of Regulation (EC) No 1831/2003, an application was submitted for the authorisation of new uses of the preparation of Bacillus velezensis ATCC PTA-6737. That application concerned an extension of the authorisation of the preparation as a feed additive to all growing Suidae, sows and minor reproductive porcine species, which corresponds to a new use for pigs for fattening of all Suidae species, suckling piglets of all Suidae species and sows of minor Suidae species. The application requested that additive to be classified in the category ‘zootechnical additives’ and in the functional group ‘gut flora stabilisers’ and was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

(6) In accordance with Article 13(3) of Regulation (EC) No 1831/2003, an application was submitted for the modification of the terms of the authorisation of the preparation of Bacillus velezensis ATCC PTA-6737 as laid down in Implementing Regulation (EU) 2023/366 as regards the use for chickens for fattening, chickens reared for laying and minor poultry species except for laying. That application concerned a request to increase the minimum content of the additive from 1 × 107 CFU/kg of complete feed to 1 × 108 CFU/kg of complete feed and to add the possibility to use the additive in combination with the coccidiostat halofuginone.

(7) The European Food Safety Authority (‘the Authority’) concluded in its opinions of 5 January 2024 (6) and 2 February 2024 (7) that, under the current authorised conditions of use and considering the fact that the composition and manufacturing process of the additive has not been substantially modified, the preparation of Bacillus velezensis ATCC PTA-6737 remains safe for all poultry species, weaned piglets, weaned Suidae other than Sus scrofa domesticus, and sows, the consumers and the environment. It also concluded that the additive is safe for all Suidae, for the consumers and the environment. The Authority also concluded that the preparation is not irritant to the skin and eyes, but that it should be considered a respiratory sensitiser, while no conclusion could be drawn on the potential of the additive to be a skin sensitiser. The Authority considered that the additive has the potential to be efficacious in poultry for fattening and reared for laying/breeding (‘all growing poultry’) at the minimum use level of 1 × 108 CFU/kg complete feed and in all growing Suidae (suckling, weaned and fattening categories) at the minimum inclusion level of 1 × 107 CFU/kg complete feed and in sows and minor reproductive Suidae species at 1 × 108 CFU/kg of complete feed. The Authority further concluded in its opinion of 2 February 2024 concerning the use of the additive for poultry that the additive is compatible with the coccidiostat halofuginone. The Authority did not consider that there is a need for specific requirements for a post-market monitoring.

(8) The Reference Laboratory set up by Regulation (EC) No 1831/2003 considered that the conclusions and recommendations reached in the assessment carried out regarding the method of analysis of Bacillus velezensis ATCC PTA-6737 as a feed additive in the context of the previous authorisations are valid and applicable for the current applications. In accordance with Article 5(4), points (a), (b) and (c), of Commission Regulation (EC) No 378/2005 (8), an evaluation report of the Reference Laboratory is therefore not required.

(9) In view of the above, the Commission considers that the preparation of Bacillus velezensis ATCC PTA-6737 satisfies the conditions provided for in Article 5 of Regulation (EC) No 1831/2003. Accordingly, the authorisation of that additive should be renewed for turkeys for fattening, turkeys reared for breeding, weaned piglets, weaned Suidae other than Sus scrofa domesticus, and sows. Furthermore, the use of the additive should be authorised for pigs for fattening of all Suidae species, suckling piglets of all Suidae species and sows of minor Suidae species. In addition, the Commission considers that appropriate protective measures should be taken to prevent adverse effects on the health of the users of the additive. Those protective measures should be without prejudice to other workers’ safety requirements under Union law.

(10) In addition, in view of the above, the Commission considers that the authorisation of the preparation of Bacillus velezensis ATCC PTA-6737 still meets the conditions provided for in Article 5 of Regulation (EC) No 1831/2003 when modifying the terms thereof as regards the use for chickens for fattening, chickens reared for laying and minor poultry species except for laying, by increasing the minimum content of the additive to 1 × 108 CFU/kg of complete feed and by adding the possibility to use the additive in combination with the coccidiostat halofuginone. Implementing Regulation (EU) 2023/366 should therefore be amended accordingly.

(11) As a consequence of the renewal of the authorisation of the preparation of Bacillus velezensis ATCC PTA-6737 as a feed additive for turkeys for fattening, turkeys reared for breeding, weaned piglets, weaned Suidae other than Sus scrofa domesticus, and sows, Implementing Regulations (EU) No 306/2013, (EU) No 787/2013 and (EU) 2017/2276 should be repealed.

(12) Since safety reasons do not require the immediate application of the modifications to the conditions of authorisation of the preparation of Bacillus velezensis ATCC PTA-6737 for turkeys for fattening, turkeys reared for breeding, chickens for fattening, chickens reared for laying, minor poultry species except for laying, weaned piglets, weaned Suidae other than Sus scrofa domesticus, and sows, it is appropriate to provide for a transitional period for interested parties to prepare themselves to meet the new requirements resulting from the renewal or the modification of the authorisations concerned.

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