Tilbaktrekning fra markedet av visse fôrtilsetningsstoffer: rettelse

Tittel

(Utkast) Kommisjonens gjennomføringsforordning om korrigering av Kommisjonens gjennomføringsforordning (EU) 2017/1145 om tilbaketrekkingen fra markedet av visse fôrtilsetningsstoffer godkjent i henhold til rådsdirektiv 70/524/EØF og 82/471/EØF og oppheving av de foreldede bestemmelsene som godkjente disse fôrtilsetningsstoffene

(Draft) Commission Implementing Regulation correcting Commission Implementing Regulation (EU) 2017/1145 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

Siste nytt

Utkast til kommisjonsforordning godkjent av komite (representanter for medlemslandene) og publisert i EUs komitologiregister 14.2.2018

Nærmere omtale

BAKGRUNN (fra kommisjonsforordningen, engelsk utgave)

(1) Commission Implementing Regulation (EU) 2017/1145 requires the withdrawal from the market of feed additives which were placed on the market and entered in the Community Register of Feed Additives as existing products in accordance with Article 10(1) of Regulation (EC) No 1831/2003, and for which no applications in accordance with Article 10(2) and (7) of that Regulation were submitted before the deadline provided for in those provisions, or for which an application was submitted but subsequently withdrawn. Implementing Regulation (EU) 2017/1145 also repeals the regulations or deletes the provisions authorising those additives.

(2) By mistake, Annex II to Implementing Regulation (EU) 2017/1145 setting out the list of additives to be withdrawn from the market in respect of certain animal species included the feed additive coccidiostat authorised by Regulation (EC) No 1463/2004 , although an application was submitted in due time in accordance with Article 10(2) of Regulation (EC) No 1831/2003. That Regulation was therefore repealed by mistake by Article 3 of Implementing Regulation (EU) 2017/1145. By mistake, Regulation (EC) No 833/2005 was mentioned in recital (3) of Implementing Regulation (EU) 2017/1145, both, as to be amended and as to be repealed. It should be corrected to indicate that Regulation (EC) No 833/2005 should be only repealed By mistake, Regulation (EC) No 1459/2005 was not repealed by Article 3 of Implementing Regulation (EU) 2017/1145, while it authorises certain iodine compounds that are to be withdrawn from the market in accordance with Implementing Regulation (EU) 2017/1145. Regulation (EC) No 1443/2006 was erroneously repealed by Article 3 of Implementing Regulation (EU) 2017/1145. Only Article 1 of and Annex I to that Regulation should be deleted as only those provisions concern certain enzymes that are to be withdrawn in accordance with Implementing Regulation (EU) 2017/1145. Those errors should be corrected.

(3) By mistake, the provisions of Regulation (EC) No 1334/2003 authorising some iron compounds, to be withdrawn from the market in accordance with Implementing Regulation (EU) No 2017/1145, were not deleted by Article 8 of that Regulation amending Regulation (EC) No 1334/2003. That Article should be corrected.

(4) In Part A of Annex I to Implementing Regulation (EU) No 2017/1145 setting out the feed additives to be withdrawn for all species and categories of animals, in the table concerning vitamins, the L form of the vitamin menadione sodium bisulphite is included. This should be corrected as no reference to this L form was made in the authorisation.

(5) Parts A and B of Annex I to Implementing Regulation (EU) No 2017/1145 should be corrected as regards some colourants as the species and categories of animals for which those colourants are required to be withdrawn from the market and the functions of those colourants were not indicated correctly. The requirement to withdraw the additive from the market for some of them applies only for certain species and the use as colourant is restricted to certain functions.

(6) Implementing Regulation (EU) No 2017/1145 should therefore be corrected accordingly.

(7) The erroneous provisions have given rise to confusion for the feed business operators as regards the actual regulatory status of the additives concerned. That situation has created legal uncertainty as to the applicable regulatory framework. Those errors have therefore resulted in some market disturbance linked to the questioned authorisation to place on the market and use certain additives. The corrections to Implementing Regulation (EU) 2017/1145 should therefore apply retroactively on the day of entry into force of that Implementing Regulation, in order to restore legal certainty in relation to the regulatory status of the additives subject to the errors, to avoid any detrimental consequences for the operators concerned and consequently to bring stability back to the market.

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

Nøkkelinformasjon
eu-flagg

EU

Kommisjonens framlegg
Dato
13.02.2018
Hjemmel eller endrer
norge-flagg

Norge

Ansvarlig departement
Landbruks- og matdepartementet
Nærings- og fiskeridepartementet