16.2.2005 Official Journal of the European Union L 453 COMMISSION REGULATION (EC) No 255/2005 of 15 February 2005 concerning the permanent authorisations of certain additives 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 (), and in particular Articles 3 and 9d(1) thereof, 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 (), and in particular Article 25 thereof, Whereas: (1) Regulation (EC) No 1831/2003 provides for the author- isation of additives for use in animal nutrition in the European Union. (2 Article 25 of Regulation (EC) No 1831/2003 lays down the transitional measures for applications for authori- sation of feed additives submitted in accordance with Directive 70/524/EEC before the date of application of that Regulation. (3)  The applications for authorisation of additives listed in the annexes to this Regulation were submitted before the date of application of Regulation (EC) No 1831/2003. (4)  Initial comments by Member States on these applications were issued under Article 4(4) of Directive 70/524/EEC have been forwarded to the Commission before the date of application of Regulation (EC) No 1831/2003. Such applications therefore shall continue to be treated in accordance with Article 4 of Directive 70/524/EEC. (5)  The use of the micro-organism preparation of Bacillus cereus var. toyoi (NCIMB 40112/CNCM [-1012) was provi- sionally authorised, for the first time, for cattle for fattening by Commission Regulation (EC) No 1411/1999 (). () O] L 270, 14.12.1970, p. 1. Directive as last amended by Commission Regulation (EC) No 1800/2004 (O] L 317, 16.10.2004, p. 37). () OJ L 268, 18.10.2003, p. 29. () OJ L 164, 30.6.1999, p. 56. (6)  The use of the micro-organism preparation of Entero- coccus faecium (DSM 10663/NCIMB 10415) was provi- sionally authorised, for the first time, for calves by Commission Regulation (EC) No 1636/1999 (4. (7)  New data were submitted in support of these applications for authorisation without a time limit of those two micro-organism preparations specified in Annex I to this Regulation. The assessment shows that the conditions laid down in Article 3a of Directive 70/524/[EEC for such authorisation are satisfied. (8)  The use of the enzyme preparation of endo-1,3(4)-beta- glucanase and endo-1,4-beta-xylanase produced by Asper- gillus niger (NRRL 25541) was provisionally authorised, for the first time, for laying hens, by Commission Regu- lation (EC) No 1436/98 (°). (9)  New data were submitted in support of the application for authorisation without a time limit of this enzyme preparation. (10)  The European Food Safety Authority (EFSA) delivered an opinion dated on 14 September 2004 about the efficacy of the use of this preparation for laying hens. (11)  The assessment shows that the conditions laid down in Article 3a of Directive 70/524/EEC for such authorisation are satisfied. (12) The use of the enzyme preparation of 6-phytase produced by Aspergillus oryzae (DSM 11857) was provi- sionally authorised, for the first time, for chickens for fattening, laying hens, turkeys for fattening, piglets and pigs for fattening by Commission Regulation (EC) No 1353/2000 (%), and for sows by Commission Regulation (EC) No 261/2003(). The wuse of this enzyme preparation was authorised without a time limit for these animal categories by Commission Regulation (EC) No 14652004 (3. () O] L 194, 27.7.1999, p. 17. () O] L 191, 7.7.1998, p. 15. () O] L 155, 28.6.2000, p. 15. () O] L 37, 13.2.2003, p. 12. (¥ O] L 270, 18.8.2004, p. 11.