# Commission Regulation (EC) No 378/2005 of 4 March 2005 on detailed rules for the implementation of Regulation (EC) No 1831/2003 of the European Parliament and of the Council as regards the duties and tasks of the Community Reference Laboratory concerning applications for authorisations of feed additives (Text with EEA relevance), Article 3: Reference samples

Extent: E+W+S+N.I.

1. Any person submitting an application for an authorisation for a feed additive or for a new use of a feed additive, as provided for in Article 4(1) of Regulation (EC) No 1831/2003, shall send three reference samples to the reference laboratory, upon request, in a form in which the feed additive is intended to be placed on the market by the applicant.
In addition, and upon request, the applicant shall provide to the reference laboratory:
(a) reference standards of the pure active agents in the case of feed additives:
belonging to the category zootechnical additives referred to in Article 6(1)(d) of Regulation (EC) No 1831/2003, except feed additives consisting of or containing micro-organisms;
belonging to the category coccidiostats and histomonostats referred to in Article 6(1)(e) of Regulation (EC) No 1831/2003;
falling within the scope of assimilated law relating to the marketing of products consisting of, containing or produced from genetically modified organisms (GMOs);
for which Maximum Residue Limits have been established ... or following Regulation (EC) No 1831/2003.
(b) where the application concerns a feed additive consisting of or containing micro-organisms, an authorisation to the reference laboratory to access the microbial strain deposited at the internationally recognised culture collection mentioned in point 2.2.1.2. of Annex II of Commission Regulation (EC) No 429/2008, if requested by the reference laboratory.
Where the application concerns a feed additive belonging to the category sensory additives and allocated within the functional group flavouring compounds referred to at point 2(b) of Annex I to Regulation (EC) No 1831/2003, subject to Article 10(2) of that Regulation, which forms part of a group of applications, the reference samples must be representative of all the compounds/substances in the group.
2. The three reference samples of the feed additive shall be accompanied by a written statement by the applicant that the fee provided for in Article 4(1) has been paid.
3. The applicant shall maintain the reference samples for the authorisation of the feed additive by supplying new reference samples to the reference laboratory to replace any that expire.
The applicant shall supply additional reference samples, reference standards, feed and/or food test materials, as defined in Article 2, if requested by the reference laboratory. Upon justified request of the scientific experts or official laboratories working on behalf of the reference laboratory and without prejudice to Regulation (EU) 2017/625, the reference laboratory may request to the applicant additional reference samples, reference standards, feed and/or food test materials.
4. Reference samples shall not be required for:
(a) an application for a new use of a feed additive, already authorised for another use, submitted in accordance with Article 4(1) of Regulation (EC) No 1831/2003, when reference samples have been previously sent to the reference laboratory for that other use;
(b) an application for changing the terms of an existing authorisation submitted in accordance with Article 13(3) of Regulation (EC) No 1831/2003, when the proposed change is not related to the characteristics of the feed additive previously sent to the reference laboratory as reference sample of the feed additive concerned.

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Source: https://www.legislation.gov.uk/eur/2005/378/article/3 (the official version)
Page: https://openlegislation.uk/eu-regulation-2005-378/article-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.