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 and renewing such authorisation.

(2) Orthophosphoric acid was authorised for a period of 10 years as a feed additive for all animal species by Commission Implementing Regulation (EU) No 1055/2013 (2).

(3) In accordance with Article 14(1) of Regulation (EC) No 1831/2003, an application was submitted for the renewal of the authorisation of orthophosphoric acid as a feed additive for all animal species, requesting the additive to be classified in the additive category ‘technological additives’ and in the functional group ‘preservatives’. That 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 opinion of 27 September 2023 (3) that orthophosphoric acid remains safe for the target species and the environment under the conditions of use currently authorised. It also concluded that the additive is corrosive to the skin and eyes and should be considered as hazardous to the respiratory tract. The Authority considered that there is no need for assessing the efficacy of orthophosphoric acid, as the application for renewal of the authorisation does not include a proposal for amending or supplementing the conditions of the original authorisation in this regard.

(5) 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 orthophosphoric acid as a feed additive in the context of the previous authorisation are valid and applicable for the current application. In accordance with Article 5(4), point (c) of Commission Regulation (EC) No 378/2005 (4), an evaluation report of the Reference Laboratory is therefore not required.

(6) In view of the above, the Commission considers that orthophosphoric acid satisfies the conditions provided for in Article 5 of Regulation (EC) No 1831/2003. Accordingly, the authorisation of that additive should be renewed. 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.

(7) As a consequence of the renewal of the authorisation of orthophosphoric acid as a feed additive, Implementing Regulation (EU) No 1055/2013 should be repealed accordingly.

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

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