COMMISSION IMPLEMENTING REGULATION (EU) 2022/593

of 1 March 2022

concerning the authorisation of litsea berry essential oil as a feed additive for certain animal species

(Text with EEA relevance)

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 authorisation. Article 10(2) of that Regulation provides for the re-evaluation of additives authorised pursuant to Council Directive 70/524/EEC (2).

(2) Litsea berry essential oil was authorised without a time limit in accordance with Directive 70/524/EEC as feed additive for all animal species. This additive was subsequently entered in the Register of feed additives as existing product, in accordance with Article 10(1)(b) of Regulation (EC) No 1831/2003.

(3) In accordance with Article 10(2) of Regulation (EC) No 1831/2003 in conjunction with Article 7 thereof, an application was submitted for the re-evaluation of litsea berry essential oil for all animal species.

(4) The applicant requested the additive to be classified in the additive category ‘sensory additives’ and in the functional group ‘flavouring compounds’. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

(5) The applicant requested litsea berry essential oil to be authorised also for use in water for drinking. However, Regulation (EC) No 1831/2003 does not allow the authorisation of ‘flavouring compounds’ for use in water for drinking. Therefore, the use of litsea berry essential oil in water for drinking should not be allowed.

(6) The European Food Safety Authority (‘the Authority’) concluded in its opinion of 5 May 2021 (3) that, under the proposed conditions of use litsea berry essential oil does not have adverse effects on animal health, consumer health or the environment. The Authority also concluded that litsea berry essential oil should be considered as irritant to skin and eyes, and as a skin and respiratory sensitiser. Therefore, the Commission considers that appropriate protective measures should be taken to prevent adverse effects on human health, in particular as regards the users of the additive.

(7) The Authority further concluded, that litsea berry essential oil is recognised to flavour food and its function in feed would be essentially the same as that in food. Therefore, no further demonstration of efficacy is considered necessary. The Authority also verified the report on the methods of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

(8) The assessment of litsea berry essential oil shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of this substance should be authorised as specified in the Annex to this Regulation.

(9) Certain conditions should be provided for to allow better control. In particular, a recommended content should be indicated on the label of the feed additives. Where such content is exceeded, certain information should be indicated on the label of premixtures.

(10) The fact that litsea berry essential oil is not authorised for use as a flavouring in water for drinking, does not preclude its use in compound feed which is administered via water.

(11) Since safety reasons do not require the immediate application of the modifications to the conditions of authorisation of the substance concerned, it is appropriate to allow a transitional period for interested parties to prepare themselves to meet the new requirements resulting from the authorisation.

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

HAS ADOPTED THIS REGULATION:

Article 1

Authorisation

The substance specified in the Annex, belonging to the additive category ‘sensory additives’ and to the functional group ‘flavouring compounds’, is authorised as feed additive in animal nutrition, subject to the conditions laid down in that Annex.

Article 2

Transitional measures

1. The substance specified in the Annex and premixtures containing this substance, which are produced and labelled before 2 November 2022 in accordance with the rules applicable before 2 May 2022 may continue to be placed on the market and used until the existing stocks are exhausted.

2. Compound feed and feed materials containing the substance as specified in the Annex, which are produced and labelled before 2 May 2023 in accordance with the rules applicable before 2 May 2022 may continue to be placed on the market and used until the existing stocks are exhausted if they are intended for food-producing animals.

3. Compound feed and feed materials containing the substance as specified in the Annex, which are produced and labelled before 2 May 2024 in accordance with the rules applicable before 2 May 2022 may continue to be placed on the market and used until the existing stocks are exhausted if they are intended for non-food-producing animals.

Article 3

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the

Official Journal of the European Union

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 1 March 2022.

For the Commission

The President

Ursula VON DER LEYEN

(1)

OJ L 268, 18.10.2003, p. 29

(2) Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (

OJ L 270, 14.12.1970, p. 1

(3) EFSA Journal 2021;19(6):6623.

ANNEX

Identification number of the additive

Name of the holder of authorisation

Additive

Composition, chemical formula, description, analytical method.

Species or category of animal

Maximum age

Minimum content

Maximum content

Other provisions

End of period of authorisation

mg active substance/kg of complete feed with a moisture content of 12 %

Category: Sensory additives. Functional group: Flavouring compounds

2b491-eo

Litsea berry essential oil

Additive composition

Essential oil obtained from the fruits of Litsea cubeba (Lour.) Pers.

Liquid form

Characterisation of the active substance

Essential oil obtained by steam distillation from the fruits of Litsea cubeba (Lour.) Pers. as defined by the Council of Europe(1).

Geranial: 36-45 %

Neral: 25-35 %

Limonene:9-15 %

Linalool: 0,4-3 %

Geraniol: 1-4 %

CAS number: 68855-99-2

Einecs number: 290-018-7

FEMA number: 3846

CoE number: 491

Analytical method (2)

For the identification of the phytochemical marker Neral in the feed additive or in mixture of flavouring compounds:

—	Gas chromatography-mass spectrometry with retention time locking (RTL-GC-MS).

Chickens for fattening

Laying hens

Turkeys for fattening

Pigs for fattening

Piglets

Lactating sows

Calves

Dairy cows

Cattle for fattening

Sheep/Goats

Horses

Rabbits

Salmonids

Dogs

Cats

Ornamental fish

1.	The additive shall be incorporated into the feed in the form of a premixture.

2.	In the directions for use of the additive and premixtures, the storage conditions and stability to heat treatment shall be indicated.

On the label of the additive the following shall be indicated:

‘Recommended maximum content of the active substance per kg of complete feedingstuff with a moisture content of 12 %:

—	Chickens for fattening: 11 mg;

—	Laying hens: 16 mg;

—	Turkeys for fattening: 14 mg;

—	Pigs for fattening: 23 mg;

—	Piglets: 19 mg;

—	Lactating sows: 28 mg;

—	Calves (milk replacer): 48 mg;

—	Cattle for fattening, sheep, goats and horses: 43 mg;

—	Dairy cows: 28 mg;

—	Rabbits: 17 mg;

—	Salmonids: 47 mg;

—	Dogs: 50 mg;

—	Cats: 8,5 mg;

—	Ornamental fish: 125 mg’.

4.	The functional group, the identification number, the name and the added amount of the active substance shall be indicated on the label of the premixture where the use level on the label of the premixture would result in exceeding the level referred to in point 3.

For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks by inhalation, dermal contact or eyes contact. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment, including skin, eye and breathing protection.

2 May 2032

(1) Natural sources of flavourings – Report No 2 (2007).

(2) Details of the analytical methods are available at the following address of the Reference Laboratory: https://ec.europa.eu/jrc/en/eurl/feed-additives/evaluation-reports