L 243/10 Official Journal of the European Union 15.7.2004 COMMISSION REGULATION (EC) No 1288/2004 of 14 July 2004 concerning the permanent authorisation of certain additives and the provisional authorisation of a new use of an additive already authorised in feedingstuffs (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (1), as last amended by Regulation (EC) No 1756/2002 (3 and in particular Article 3, and Articles 9d(1) and 9¢(1) thereof, Whereas: 1 Directive 70/524/EEC provides for the authorisation of additives to be used in the Community. The additives referred to in Part II of Annex C to that Directive may be authorised without a time limit subject to certain conditions being satisfied. The use of astaxanthin-rich Phaffia thodozyma (ATCC 74219) as a colourant for salmon and trout has been provisionally authorised by Commission Regulation (EC) No 2316/98 (3. New data were submitted in support of an application for an authorisation without a time limit for that colourant. The assessment shows that the conditions laid down in Directive 70/524/EEC for such an author- isation have been satisfied. The Scientific Panel on Additives and Products or Substances Used in Animal Feed of the European Food Safety Authority (EFSA) delivered a favourable opinion on 22 January 2003 on the efficacy of that additive when used in the animal category salmon and trout. In a second opinion adopted on 1 April 2004, the EFSA concluded that the yeast in that product is not a living organism and it is not expected to have any consequence on the environment, under the conditions of use set out in Annex I to this Regulation. The use of the micro-organism preparation of Sacchar- omyces cerevisiee (NCYC Sc 47) has been provisionally authorised, for the first time, for sows by Commission Regulation (EC) No 1436/98 (4. 270, 14.12.1970, p. 1. 265, 3.10.2002, p. 1. () o)L () oL () O] L 289, 28.10.1998, p. 4. () oL 191, 7.7.1998, p. 15. (6) (10) (11) (13) The use of the micro-organism preparation of Sacchar- omyces cerevisiae (CBS 493.94) has been provisionally authorised, for the first time, for calves by Commission Regulation (EC) No 1436/98 and for cattle for fattening by Commission Regulation (EC) No 866/1999 (°). The use of the micro-organism preparation of Entero- coccus faecium (NCIMB 10415) has been provisionally authorised, for the first time, for calves by Commission Regulation (EC) No 866/1999. The use of the micro-organism preparation of Entero- coccus faecium (DSM 7134) and Lactobacillus rhamnosus (DSM 7133) has been provisionally authorised, for the first time, for calves by Commission Regulation (EC) No 26901999 (9). New data were submitted in support of applications for authorisation without a time limit for those micro- organisms. The assessment of those applications shows that the conditions laid down in Directive 70/524/EEC for such authorisations have been satisfied. Accordingly, the use of those additives without a time limit should be authorised. In addition, Directive 70/524/EEC provides for the authorisation on a provisional basis of a new use of an additive already authorised to be granted for a period not exceeding four years, subject to certain conditions. The use of the micro-organism preparation of Entero- coccus faecium (DSM 10663/NCIMB 10415) has been provisionally authorised, for the first time, for piglets by Commission Regulation (EC) No 1411/1999 (), for calves and chickens for fattening by Commission Regu- lation (EC) No 1636/1999 () and for turkeys for fattening by Commission Regulation (EC) No 1801/2003 (9. New data were submitted in support of an application to extend the authorisation of the use of that additive to dogs. The assessment shows that the conditions laid down in Directive 70/524/EEC for such an authorisation have been satisfied. 108, 27.4.1999, p. 21. L L 326, 18.12.1999, p. 33. L 164, 30.6.1999, p. 56. L 194, 27.7.1999, p. 17. L 264, 15.10.2003, p. 16.