L 351/4 Official Journal of the European Communities 29.12.98 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 2821/98 of 17 December 1998 amending, as regards withdrawal of the authorisation of certain antibiotics, Directive 70/524/EEC concerning additives in feedingstuffs THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to the 1994 Act of Accession, and in particular Article 151 in conjunction with Annex XV, Title VII(E)4) thereof, Having regard to Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs ('), and in particular Article 11(3) thereof, Having regard to the proposal from the Commission, O Whereas the Kingdom of Sweden was authorised under Annex XV to the Act of Accession to main- tain its legislation in force before accession until 31 December 1998 with regard to the prohibition of the use in feedingstuffs of additives belonging to the groups of antibiotics; whereas on 2 February 1998 Sweden submitted applications for adjust- ments accompanied by detailed scientific grounds for the antibiotics avilamycin, bacitracin zinc, flavo- phospholipol, ardacin and avoparcin, spiramycin, tylosin phosphate and virginiamycin; whereas the Commission is required to take a decision on the adjustment applications submitted by Sweden not later than 31 December 1998; Whereas, under Article 11 of Directive 70/ 524/EEC, a Member State which, as a result of new information or of a reassessment of existing infor- mation made since the provisions in question were adopted, has detailed grounds for establishing that the use of one of the additives listed in the Direc- tive constitutes a danger to animal or human health or the environment may temporarily suspend the authorisation to use that additive; (") OJ L 270, 14.12.1970, p. 1. Directive as last amended by Commission Directive 98/19/EC (O] L 96, 28.3.1998, p. 39). @) Whereas the Republic of Finland, after expiry of the derogation granted to it under the Act of Accession, prohibited the use on its territory of tylosin phosphate and spiramycin in feedingstuffs from 1 January 1998 on the basis of the detailed grounds it had submitted on 12 March 1997 under the obligations laid down in the Act of Accession; Whereas on 15 January 1998 the Kingdom of Denmark prohibited the use on its territory of virginiamycin in feedingstuffs; whereas it commu- nicated the detailed grounds for that decision to the other Member States and the Commission on 13 March 1998 and 1 April 1998; Whereas, by virtue of Article 3a(e) of Directive 70/524/EEC, authorisation of an additive is not to be given if, for serious reasons concerning human or animal health, its use must be restricted to medical or veterinary purposes; Whereas the authorisation of the glycopeptide avoparcin was withdrawn on 30 January 1997 (%) as an interim protective measure taken as a precau- tion; whereas that prohibition has to be reviewed by the Commission not later than 31 December 1998, on the basis of the results of the various investigations concerning the development of resis- tance by the use of antibiotics, in particular glyco- peptides, and the programme of surveillance of antimicrobial resistance in animals which have received antibiotics, to be carried out in particular by the persons responsible for putting the additives concerned into circulation; whereas, since the Commission has received no new information to date, there is no reason for the prohibition to be reviewed; (?) Commission Directive 97/6/EC of 30 January 1997 amending Council feedingstuffs (OJ L 35, 5.2.1997, p. 11). Directive  70/524/EEC  concerning additives in