Commission Implementing Regulation (EU) 2023/651 of 20 March 2023 concerning the authorisation of riboflavin (vitamin B2) produced by Bacillus subtilis KCCM 10445 and a preparation of riboflavin produced by Bacillus subtilis KCCM 10445 as feed additives for all animal species (Text with EEA relevance)
Commission Implementing Regulation (EU) 2023/651of 20 March 2023concerning the authorisation of riboflavin (vitamin B2) produced by Bacillus subtilis KCCM 10445 and a preparation of riboflavin produced by Bacillus subtilis KCCM 10445 as feed additives for all 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 nutritionOJ L 268, 18.10.2003, p. 29., 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 an authorisation.(2)In accordance with Article 7 of Regulation (EC) No 1831/2003, an application was submitted for the authorisation of riboflavin 98 % (vitamin B2) produced by Bacillus subtilis KCCM 10445 and of a preparation of riboflavin 80 % produced by Bacillus subtilis KCCM 10445. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.(3)The application concerns the authorisation of riboflavin produced by Bacillus subtilis KCCM 10445 and of a preparation of riboflavin produced by Bacillus subtilis KCCM 10445 as feed additives for all animal species, to be classified in the category "nutritional additives" and in the functional group "vitamins, pro-vitamins and chemically well-defined substances having similar effect".(4)The European Food Safety Authority ("the Authority") concluded in its opinions of 5 May 2021EFSA Journal 2021;19(6):6629. and of 27 September 2022EFSA Journal 2022;20(10):7607. that, under the proposed conditions of use, riboflavin (98 %) produced by Bacillus subtilis KCCM 10445 and the preparation of riboflavin (80 %) produced by Bacillus subtilis KCCM 10445 do not have adverse effects on animal health, consumer safety or the environment. It further concluded that the preparation of riboflavin is not hazardous by inhalation. In the absence of data, no conclusions on the possible risk by inhalation of riboflavin produced by Bacillus subtilis KCCM 10445 can be reached. Neither riboflavin nor the preparation of riboflavin are irritant to skin or eyes. In addition, in the absence of data, no conclusions on the skin sensitisation potential of riboflavin produced by Bacillus subtilis KCCM 10445 and of the preparation of riboflavin produced by Bacillus subtilis KCCM 10445 can be reached.(5)The Authority concluded that riboflavin produced by Bacillus subtilis KCCM 10445 and the preparation of riboflavin produced by Bacillus subtilis KCCM 10445 are an effective source in covering the nutritional needs of animals when administered via feed and/or water for drinking. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the methods of analysis of the feed additives in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.(6)An authorisation of riboflavin with a purity of minimum 80 % produced by Bacillus subtilis KCCM 10445 was previously denied and existing stocks of that additive and feed containing it were to be withdrawn from the market as laid down by Commission Implementing Regulation (EU) 2018/1254Commission Implementing Regulation (EU) 2018/1254 of 19 September 2018 concerning the denial of authorisation of riboflavin (80 %) produced by Bacillus subtilis KCCM-10445 as a feed additive belonging to the functional group of vitamins, pro-vitamins and chemically well-defined substances having similar effect (OJ L 237, 20.9.2018, p. 5)., due to the presence in the additive of viable cells and recombinant DNA from the genetically modified production strain Bacillus subtilis KCCM 10445, carrying antimicrobial resistance genes and posing a risk for the target species, consumers, users and the environment. The riboflavin for which authorisation was denied as well as the present riboflavin (98 %) produced by Bacillus subtilis KCCM 10445 and the preparation of riboflavin (80 %) produced by Bacillus subtilis KCCM 10445 are produced by the same production strain (Bacillus subtilis KCCM 10445). However, the purity of riboflavin has been improved, by increasing from 80 % in the authorisation that was denied to 98 % in this authorisation. In its above-mentioned opinions, the Authority stated that viable cells and recombinant DNA from Bacillus subtilis KCCM 10445 were not detected in the riboflavin and in the preparation of riboflavin subject to this application and that therefore, those additives do not pose any safety concern associated with the genetic modification of the production strain.(7)The assessment of riboflavin produced by Bacillus subtilis KCCM 10445 and of the preparation of riboflavin produced by Bacillus subtilis KCCM 10445 shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of the substance and of the preparation should be authorised. In addition, the Commission considers that appropriate protective measures should be taken to prevent adverse effects on human health, in particular as regards the users of those additives.(8)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: