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

(2)

Orthophosphoric acid was authorised without a time limit by Directive 70/524/EEC as a feed additive for all animal species. The additive was subsequently entered in the Register of Feed Additives as an existing product, in accordance with Article 10(1) 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, two applications for re-evaluation of orthophosphoric acid were submitted to the Commission.

(4)

The first of those applications concerned a preparation of orthophosphoric acid (67 %-85,7 %) w/w (aqueous solution). That preparation was authorised by Commission Implementing Regulation (EU) No 1055/2013 (3) for 10 years as a feed additive for all animal species.

(5)

The second application was submitted for the re-evaluation of phosphoric acid 60 % on silica carrier as a feed additive for all animal species. The applicant requested the additive to be classified in the additive category ‘technological additives’ and in the functional group ‘preservatives’. The application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

(6)

The European Food Safety Authority (‘the Authority’) concluded in its opinion of 17 March 2020 (4) that considering the limited data provided in the original dossier and the absence of response from the applicant to the several requests from the Authority for additional information, initially on 22 July 2011 and finally on 3 March 2020, the Authority was not in a position to deliver an opinion on the safety and efficacy of phosphoric acid 60 % on silica carrier as a feed additive for all animal species.

(7)

In addition, on 8 May 2020 the Commission requested the applicant to communicate information on the follow-up of the application concerned, but no response was provided.

(8)

According to Article 5(1) of Regulation (EC) No 1831/2003, the applicant must adequately and sufficiently demonstrate, in accordance with the implementing measures (5) to Regulation (EC) No 1831/2003, that the additive satisfies the conditions for authorisation laid down in that Regulation.

(9)

As the applicant did not provide the requested information and data allowing the Authority to assess the safety and efficacy of phosphoric acid 60 % on silica carrier, it has not been established that, under the proposed conditions of use, the additive does not have an adverse effect on animal health, human health or the environment, and that it has at least one of the characteristics set out in Article 5(3) of Regulation (EC) No 1831/2003.

(10)

The assessment of phosphoric acid 60 % on silica carrier shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are not satisfied. Accordingly, the authorisation of the additive should be denied.

(11)

Therefore, phosphoric acid 60 % on silica carrier, as an existing product within the meaning of Article 10 of Regulation (EC) No 1831/2003, as well as feed containing it, should be withdrawn from the market. However, a limited period should be allowed for the withdrawal from the market of the existing stocks of the additive and its premixtures, and feed containing them, in order to enable operators to comply properly with the withdrawal obligation.

(12)

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