(1)

The use of the preparation of Lactococcus lactis NCIMB 30160 as a feed additive was authorised for all animal species by Commission Implementing Regulation (EU) No 1263/2011 (2) for a 10- year period.

(2)

The authorisation was subsequently modified by Commission Implementing Regulation (EU) 2020/1092 (3) in accordance with Article 13(2) of Regulation (EC) No 1831/2003, as regards the formulation of the additive.

(3)

The intended modification did not concern the period of authorisation laid down in Implementing Regulation (EU) No 1263/2011, which was to run until 26 December 2021. However, in the Annex to Implementing Regulation (EU) 2020/1092, it was mistakenly indicated that the period of authorisation for Lactococcus lactis NCIMB 30160 was to run until 16 August 2030. That error was therefore inserted in Implementing Regulation (EU) No 1263/2011 through Implementing Regulation (EU) 2020/1092.

(4)

For reasons of clarity and legal certainty, it is therefore necessary to correct Implementing Regulation (EU) No 1263/2011 as regards the end of period of authorisation for Lactococcus lactis NCIMB 30160.

(5)

Implementing Regulation (EU) 2020/1092 provided that the modification to be brought to the terms of the authorisation of the additive Lactococcus lactis NCIMB 30160 only concerned the formulation of the additive. No reference was made to the need to modify the period of authorisation of that additive. In addition, Article 9(8) of Regulation (EC) No 1831/2003 prescribes that authorisations are granted for a period of 10 years and such rule may not be derogated from through a modification to the terms of an authorisation. Moreover, the Register of feed additives continued to mention the date of 26 December 2021 as the expiry date of the authorisation of the additive Lactococcus lactis NCIMB 30160, even after the adoption of Implementing Regulation (EU) 2020/1092. The absence of retroactive effect of the proposed correction would lead to a breach of the principle of non-discrimination between operators, as the granting of an extended period of authorisation from the date of entry into force of Implementing Regulation (EU) 2020/1092 to the additive Lactococcus lactis NCIMB 30160 would have only unduly benefited operators marketing or using that additive. Moreover, in this case retroactivity is not considered as affecting the legitimate expectations of the operators concerned. Finally, the proposed correction is brought in a non-criminal context, considering that the erroneous end of authorisation period mentioned in Implementing Regulation (EU) 2020/1092 was the result of a mistake. This Regulation should therefore apply retroactively as from the date of entry into force of Implementing Regulation (EU) 2020/1092.

(6)

In order to preserve the legitimate expectations of the interested parties and due to the retroactive application of the proposed correction, this Regulation should enter into force as a matter of urgency.

(7)

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