23.5.2006 Official Journal of the European Union L 135/3 COMMISSION REGULATION (EC) No 773/2006 of 22 May 2006 concerning the provisional and permanent authorisation of certain additives in feedingstuffs 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 (), and in particular Articles 3, 9d(1) and 9¢(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 (3, 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. (2 Article 25 of Regulation (EC) No 1831/2003 lays down transitional measures for applications for the authori- sation of feed additives submitted in accordance with Directive 70/524/EEC before the date of application of Regulation (EC) No 1831/2003. (3)  The applications for the authorisation of the additives listed in the Annexes to this Regulation were submitted before the date of application of Regulation (EC) No 1831/2003. (4)  Initial comments on those applications, as provided for in Article 4(4) of Directive 70/524/EEC, were forwarded () 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). (®» O] L 268, 18.10.2003, p. 29. Regulation as amended by Commission Regulation (EC) No 378/2005 (O] L 59, 5.3.2005, p- 8). to the Commission before the date of application of Regulation (EC) No 1831/2003. Those applications are therefore to continue to be treated in accordance with Article 4 of Directive 70/524/EEC. (5)  Data were submitted in support of an application for authorisation of the wuse of the micro-organism preparation of Kluyveromyces marxianus-fragilis B0399 MUCL 41579 for piglets. The European Food Safety Authority (EFSA) expressed its opinion on the use of this preparation on 28 January 2004. The assessment shows that the conditions laid down in Article 9e(1) of Directive 70/524/EEC for such authorisation are satisfied. Accordingly, the use of that micro-organism preparation, as specified in Annex I to this Regulation, should be authorised for four years. (6)  The use of the enzyme preparation of endo-1,4-beta- xylanase and endo-1,4-beta-glucanase produced by Asper- gillus niger (CBS 600.94) is authorised without a time limit for chickens for fattening, turkeys for fattening and piglets, as enzyme E1609 in coated, liquid and solid forms by Commission Regulation (EC) No 1453/2004 (*). New data were submitted in support of an application to extend the authorisation of the use of this enzyme preparation to ducks and to include in the authorisation for this animal species a granulate form. EFSA delivered an opinion on 30 November 2005 on the use of this preparation which concludes that it does not present a risk for this additional animal category. The assessment shows that the conditions laid down in Article 9e(1) of Directive 70/524/EEC for an authori- sation of that preparation for that use are satisfied. Accordingly, the use of that enzyme preparation, as specified in Annex II to this Regulation, should be authorised for four years. (7)  Data were submitted in support of an application for authorisation of a granulate form of the enzyme E1609 for chickens for fattening, turkeys for fattening and piglets. EFSA expressed its opinion on the use of this preparation on 30 November 2005. The assessment shows that the conditions laid down in Article 3a of Directive 70/524/EEC for such authorisation are satisfied.  Accordingly, the wuse of that enzyme preparation, as specified in Annex III to this Regulation, should be authorised without a time limit. () O] L 269, 17.8.2004, p. 3.