(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 modifying such an authorisation.

(2) A preparation of Bacillus amyloliquefaciens CECT 5940 was authorised for a period of 10 years as a feed additive for use in feed for chickens for fattening and reared for laying by Commission Implementing Regulation (EU) 2020/1395 (2).

(3) A preparation of Bacillus velezensis CECT 5940 was authorised for a period of 10 years as a feed additive for use in feed for turkeys for fattening, turkeys reared for breeding, minor poultry species for fattening and reared for breeding and ornamental birds (except for reproduction) by Commission Implementing Regulation (EU) 2021/2050 (3).

(4) In accordance with Article 7 of Regulation (EC) No 1831/2003, an application was submitted for the authorisation of a preparation of Bacillus velezensis CECT 5940. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

(5) The application concerns the authorisation of the preparation of Bacillus velezensis CECT 5940 as a feed additive for laying hens and other bird species kept for egg production purposes, requesting that additive to be classified in the additive category ‘zootechnical additives’ and in the functional group ‘gut flora stabilisers’.

(6)  At the same time, the applicant requested modification of the terms of the authorisations granted by Implementing Regulations (EU) 2020/1395 and (EU) 2021/2050 in accordance with Article 13(3) of Regulation (EC) No 1831/2003, in order to consolidate the authorisations of Bacillus velezensis (CECT 5940), including to update the taxonomic identification of the strain from Bacillus amyloliquefaciens CECT 5940 to Bacillus velezensis CECT 5940.

(7) The European Food Safety Authority (‘the Authority’) concluded in its opinion of 25 June 2025 (4) that, under the proposed conditions of use, the preparation of Bacillus velezensis CECT 5940 is considered safe for the target species, as well as for consumers and the environment. The Authority also concluded that the preparation of Bacillus velezensis CECT 5940 is not irritant to eyes but should be considered a skin and respiratory sensitiser and any exposure through skin and respiratory tract is considered a risk. The Authority further concluded that the preparation of Bacillus velezensis CECT 5940 has the potential to be efficacious in all laying hens and other birds for egg production when supplemented at 1,0 × 109 CFU/kg complete feed. Furthermore, the Authority confirmed the conclusions reached in its opinion of 5 May 2021 (5) that the active agent originally identified as Bacillus amyloliquefaciens was reclassified as Bacillus velezensis. The Authority did not consider that there is a need for specific requirements of post-market monitoring.

(8) The Reference Laboratory set up by Regulation (EC) No 1831/2003 considered that the conclusions and recommendations reached in a previous assessment concerning another application for the authorisation of the same additive and verified by the Authority in its opinion of 16 July 2008 (6) are valid and applicable for the current application. In accordance with Article 5(4), point (a), of Commission Regulation (EC) No 378/2005 (7), an evaluation report of the Reference Laboratory was therefore not required.

(9) Following a request from the Commission, the Authority, in its reply dated 9 January 2026, confirmed that the conclusion on user safety of its opinion of 25 June 2025 applies to the opinions of 28 January 2020 (8) and 5 May 2021 (9) and should be reflected in the relevant authorisations.

(10) In view of the above, the Commission considers that the preparation of Bacillus velezensis CECT 5940 satisfies the conditions provided for in Article 5 of Regulation (EC) No 1831/2003. Accordingly, the use of that preparation should be authorised for poultry for laying. 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.

(11) The Commission also considers that the preparation of Bacillus velezensis CECT 5940 still satisfies the conditions provided for in Article 5 of Regulation (EC) No 1831/2003, when modifying the terms of the authorisation laid down in Implementing Regulation (EU) 2020/1395 as regards the use for chickens for fattening and reared for laying, by the modification of the taxonomic identification of the strain from Bacillus amyloliquefaciens CECT 5940 to Bacillus velezensis CECT 5940 and the protective measures for users.

(12) The Commission further considers that the preparation of Bacillus velezensis CECT 5940 still satisfies the conditions provided for in Article 5 of Regulation (EC) No 1831/2003, when modifying the terms of the authorisation laid down in Implementing Regulation (EU) 2021/2050 as regards the use for turkeys for fattening, turkeys reared for breeding, minor poultry species for fattening and reared for breeding and ornamental birds (except for reproduction), by the modification of the protective measures for users.

(13) Implementing Regulations (EU) 2020/1395 and (EU) 2021/2050 should therefore be amended accordingly.

(14) Since safety reasons do not require the immediate application of the modifications to the conditions of authorisation of the preparation of Bacillus amyloliquefaciens CECT 5940 for chickens for fattening and reared for laying, and of the preparation of Bacillus velezensis CECT 5940 for turkeys for fattening, turkeys reared for breeding, minor poultry species for fattening and reared for breeding and ornamental birds (except for reproduction), it is appropriate to provide for a transitional period for interested parties to prepare themselves to meet the new requirements resulting from the modification of the authorisation concerned.

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