In accordance with Article 10(2) of Regulation (EC) No 1831/2003 in conjunction with Article 7 thereof, an application was submitted for the authorisation of the preparation of Bacillus cereus var. toyoi (NCIMB 40112/CNCM I-1012) as a feed additive for cattle for fattening, rabbits for fattening, chickens for fattening, piglets (weaned), pigs for fattening and sows for reproduction and, in accordance with Article 7 of that Regulation, an application was submitted for a new use of that preparation for calves for rearing, both applications requesting the additive to be classified in the additive category ‘zootechnical additives’. Those applications were accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

Implementing Regulation (EU) No 288/2013 refers to the possibility that supplementary data concerning the safety of use of the preparation of Bacillus cereus var. toyoi (NCIMB 40112/CNCM I-1012), to be submitted by the applicant, may bring new elements which would allow a re-consideration of the assessment carried out for that additive. That Regulation further provides for the review of the suspension measure.

On 6 December 2013, the applicant submitted supplementary data to the Commission, which were subsequently forwarded to the Authority with a request to evaluate them in order to receive a new opinion on the safety and efficacy of the additive.

In addition, the applicant, on his own initiative, submitted to the Authority additional documentation on 24 April 2014, on 14 May 2014 and on 17 June 2014.

Consequently, it has not been established that the preparation of Bacillus cereus var. toyoi (NCIMB 40112/CNCM I-1012), which has been re-classified as a new species named Bacillus toyonensis (NCIMB 14858^T), does not have an adverse effect on animal health or on human health, when used as feed additive.

The conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are therefore not satisfied.

Accordingly, the authorisation of the preparation of Bacillus toyonensis (NCIMB 14858^T) as a feed additive for cattle for fattening, rabbits for fattening, chickens for fattening, piglets (weaned), pigs for fattening, sows for reproduction and calves for rearing should be denied.

For the same reasons, the conditions for authorisation of the preparation of Bacillus cereus var. toyoi (NCIMB 40112/CNCM I-1012) as a feed additive for use for turkeys for fattening and for rabbit breeding does are no longer fulfilled and those authorisations should be revoked.

Regulations (EC) No 256/2002, (EC) No 1453/2004, (EC) No 255/2005 and (EC) No 1200/2005 should be amended accordingly, and Regulations (EC) No 166/2008 and (EC) No 378/2009 should be repealed.

Implementing Regulation (EU) No 288/2013 should also be repealed.

Since existing stocks of the preparation of Bacillus cereus var. toyoi (NCIMB 40112/CNCM I-1012), of premixtures containing that preparation and of feed materials and compound feed produced from that preparation were already to be withdrawn from the market according to Article 7 of Implementing Regulation (EU) No 288/2013, no transitional measures should be provided for.

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,