EUROPA

SUMMARY

The European Union is simplifying Community legislation on the harmonisation of Member States' legislation in the field of fertilisers by bringing all the existing directives which make up the legislation in this field under the one Regulation. The objective is to ensure the free movement of these products within the European. The regulation retains many of the provisions of the former directives and introduces some new ones. The most important element is the change of legal instrument, as the move from directives to a regulation is intended to ensure uniform application of a very technical set of provisions throughout the Community.

This Regulation consolidates 18 directives (four basic directives and 14 directives amending these), which were all published between 1976 and 1998.

The four basic directives which this Regulation repeals are:

• directive 76/116/EEC on the approximation of the laws of the Member States relating to fertilisers;
• directive 80/876/EEC on the approximation of the laws of the Member States relating to straight ammonium nitrate fertilisers of high nitrogen content;
• directive 87/94/EEC on the approximation of the laws of the Member States relating to procedures for the control of characteristics of, limits for and resistance to detonation of straight ammonium nitrate fertilisers of high nitrogen content;
• directive 77/535/EEC on the approximation of the laws of the Member States relating to methods of sampling and analysis for fertilisers.

The technical specifications in the proposal have, as far as possible, been taken out of the legislative text and put into the Annexes.

Scope

Fertilisers are made up of one or more plant nutrients (or fertilising elements). The regulation only covers mineral fertilisers.

All types of fertiliser which comply with this regulation are designated "EC fertilisers" and are subject to its provisions. They are listed in Annex I of the regulation with the minimum and maximum content of fertilising elements set out for each type of fertiliser (nitrogen or phosphorus content, etc.). A type of fertiliser is designated an "EC fertiliser" only if:

• under normal conditions of use it does not adversely affect human, animal, or plant health, and the environment;
• it is effective;
• appropriate sampling, analysis, and if required, test methods are available.

The recast does not apply to cadmium and does not therefore address the issue of the unintentional presence of this substance in fertilisers. Before taking measures regarding this substance, the Commission has appointed a consultant to carry out a study based mainly on the risk assessments compiled by 9 Member States.

Placing on the market

In addition to the provisions regarding the designation of "EC fertilisers", the regulation sets out provisions for the harmonisation of labelling and packaging in the Community. One of the areas covered is the method of indicating the content of different fertilising elements. This content can be indicated in several ways - e.g. the nitrogen content can be indicated in elemental or oxide form.

The regulation also provides for compulsory identification on fertiliser packages and labels. These markings take the form of the words "EC fertiliser", details describing the fertilising elements and trace elements, the name or trade name or trade mark and the address of the manufacturer and, where appropriate, an indication of the blend of fertilisers. Optional identifiers are also proposed, such as specific directions for the use, storage, and handling of the fertiliser. The optional markings are not necessary for all fertilisers.

If a type of fertiliser conforms with the Regulation, the Member States may not prevent the fertiliser being placed on the market in the territory of the Community. There is, nevertheless, a safeguard clause whereby a Member State may withdraw it temporarily from the market pending an investigation at Community level, if it believes that the fertiliser constitutes a risk to the safety or health of humans or animals or a risk to the environment.

Provisions for specific types of fertilisers

The regulation sets out detailed technical provisions regarding the scope, declaration and identification and packaging of four types of fertiliser:

• main inorganic nutrient fertilisers: these are the main fertilising elements supplied in substantial quantities for plant growth, i.e. nitrogen, phosphorus and potassium;
• secondary inorganic nutrient fertilisers: these are calcium, magnesium, sodium and sulphur;
• inorganic micro-nutrient fertilisers: these contain elements required in small quantities such as boron, cobalt, copper and iron;
• ammonium nitrate fertilisers of high nitrogen content: given the dangerous nature of this type of fertiliser (ammonium nitrate can be used as an explosive), the Regulation lays down additional measures. This type of fertiliser will henceforth be subject to a detonability test and could be subject to further checks.

Conformity assessment of fertilisers

Fertilisers may be subject to official control measures to verify that they comply with the provisions of the Regulation. These control measures are to be carried out by designated laboratories in each Member State in accordance with a uniform procedure set out in the Annexes to the Regulation.

Inclusion of a new type of fertiliser

For a new type of fertiliser to be included in the Annexes to the Regulation and thus obtain the "EC fertiliser" designation, the manufacturer must submit a technical file containing the fertiliser's characteristics. The Commission, with the assistance of a committee, will accept or reject the proposal.

Penalties

The Member States determine the rules on penalties applicable to infringements of the provisions of the Regulation. The Member States must notify those provisions to the Commission by 31 December 2003 at the latest.

Implementation at Community level

The Commission shall be assisted in implementing the Regulation and making adaptations to the Annexes by a committee composed of representatives of the Member States.

Transitional provisions

Laboratories: the Member States may, up until 31 December 2006, continue to apply their national provisions for authorising competent laboratories to check the compliance of EC fertilisers with the Regulation. They shall notify these laboratories to the Commission, giving details of their authorisation scheme.

Packaging and labelling: EC fertiliser markings, packaging, labels and accompanying documents provided for by earlier Directives may continue to be used until 11 June 2005.