Tag Archives: FE

Feed hygiene

Feed hygiene

Outline of the Community (European Union) legislation about Feed hygiene

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Food safety > Animal nutrition

Feed hygiene

Document or Iniciative

Regulation 183/2005 of the European Parliament and of the Council of 12 January 2005 laying down requirements for feed hygiene [See amending act(s)].

Summary

This Regulation requires feed business operators to comply with obligations relating to hygiene and traceability and the registration and approval of their establishments. The objective is to achieve a high level of protection of human and animal health, notably by ensuring that feed is safe and of good quality.

Scope

The Regulation applies to the activities of feed business operators, starting with primary production of feed * up to and including its placing on the market and imports of products intended for animal nutrition from third countries. This also includes the feeding of food-producing animals.

The following are excluded from the scope of this Regulation:

  • the private domestic production of feed for food-producing animals intended for private domestic consumption and for animals not intended for food production, and the feeding of these animals;
  • the direct supply of small quantities of primary products at local level by the producer to local farms;
  • the retailing of pet food.

Obligations incumbent on operators

Feed business operators responsible for the primary production of feed must take the measures necessary to prevent, eliminate or reduce feed safety hazards during the production, preparation, cleaning, packaging, storing and transport of these products (Annex I). These operators must keep records relating to measures put in place to control contamination hazards.

Feed business operators other than at the level of primary production of feed must adopt appropriate measures to guarantee the safety of the products that they manufacture, transport or use. These measures are detailed more precisely than those concerning the primary production of feed (Annex II) and chiefly concern facilities and equipment used by the operators, staff training, the organisation and monitoring of different stages of production, and the documents which the operators must keep.

Feed business operators other than at the level of primary production of feed must apply HACCP principles (hazard analysis and critical control points) and must keep documents demonstrating that they respect these principles.

These principles prescribe a certain number of requirements to be met throughout the cycle of production, processing and distribution in order to permit, via hazard analysis, identification of the critical points which need to be kept under control in order to guarantee food safety:

  • identify any hazards that must be prevented, eliminated or reduced to acceptable levels;
  • identify the critical control points at the step or steps at which control is essential;
  • establish critical limits beyond which intervention is necessary;
  • establish and implement effective monitoring procedures at critical control points;
  • establish corrective actions when monitoring indicates that a critical control point is not under control;
  • implement own-check procedures to verify whether the measures adopted are working effectively;
  • keep records to demonstrate the effective application of these measures and to facilitate official controls by the competent authority.

Feed business operators are responsible for any infringement of the law governing feed safety. In order to prepare an effective system of financial guarantees for operators in this sector, the Commission presents a report on financial guarantees in the feed sector to the European Parliament and the Council (see “Related Acts”).

Feed business operators (including those responsible for the primary production of feed) must register their establishments with the competent authority of their Member State. They must provide the authority with up to date information and cooperate with it in the event of controls.

Where required by national or Community legislation, businesses in the food sector must be approved by the competent authority and may not operate without such approval. The competent authority of each Member State must keep a list of approved establishments. When an approved establishment no longer complies with the requirements governing its activities, the approval may be temporarily suspended or revoked.

Operators who import products from third countries must ensure that:

  • the country concerned is included in a list drawn up pursuant to Regulation (EC) No 882/2004 on official controls of food and feed;
  • the supplier is entered in a list kept by the third country testifying to the firm’s conformity with Community hygiene standards or equivalent standards.

Guides to good practice

The Member States encourage the preparation of national guides to good practice in the feed sector and national guides on the application of HACCP principles. Member States must assess such national guides to ensure that their contents are practicable, that they have been developed taking into account the appropriate principles of the Codex Alimentarius and that all interested parties have been consulted. National guides deemed to be in conformity are forwarded to the Commission, which enters them in a register.

Standardised Community guides may be prepared if the Commission considers this advisable. The Standing Committee on the Food Chain ensures that the content of such guides is practicable, that they have been prepared taking into account the appropriate principles of the Codex Alimentarius, and that the national guides and all the interested parties have been consulted.

BACKGROUND

Regulation (EC) No 178/2002 constitutes the cornerstone of the new European legislation on food safety. Adopting the “from farm to table” approach, it aims, by drawing on the latest scientific opinions, to guarantee a high standard of health and safety throughout the food chain. This approach also covers the entire animal feed chain, including the primary production of feed (which is not covered by the old legislation), animal nutrition and the production of feed.

Following the recent health crises and the occurrences of contamination of animal feed and feed materials (bovine spongiform encephalopathy, dioxin, hormones, etc.), the European Union is equipped with an appropriate legal instrument to ensure safety of all kinds of feed, to ensure that all feed businesses operate in accordance with harmonised hygiene requirements, and to improve traceability.

The Regulation replaces Directive 95/69/EC.

Key terms used in the act

Primary production of feed: production of agricultural products, notably including cultivation, harvesting, milking, breeding (before slaughter) or fishing, terminating exclusively in products which have not been subjected to any other processing after harvesting, gathering or capture, with the exception of simple physical processing.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EC) No 183/2005

8.02.2005

OJ L 35 of 8.02.2005

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EC) No 219/2009

20.4.2009

OJ L 87 of 31.3.2009

Related Acts

Report from the Commission to the European Parliament and the Council on existing legal provisions, systems and practices in the Member States and at Community level relating to liability in the food and feed sectors and on feasible systems for financial guarantees in the feed sector at Community level in accordance with Article 8 of Regulation (EC) No 183/2005 of the European Parliament and of the Council of 12 January 2005 laying down requirements for feed hygiene [COM(2007) 469 – Not published in the Official Journal].

This report consitutes the basis for a system of financial guarantees for feed business operators. On the basis of Regulation (EC) No 183/2005, which assigns to operators financial liability for infringements of Community legislation on the safety of animal feed, this report analyses the different guarantee options which could ensure enforcement of this liability in the framework of an efficient system. With this aim, the report takes account of the role of compulsory and optional insurance, bank guarantees and sectoral pooling systems. The report underlines the complexity of the problem and proposes launching a wide-ranging public debate on the various options. This debate is to take place over the two years following publication of the report and will take the opinions of all stakeholders into consideration.

Fees Payable to the Office for Harmonisation in the Internal Market

Fees Payable to the Office for Harmonisation in the Internal Market

Outline of the Community (European Union) legislation about Fees Payable to the Office for Harmonisation in the Internal Market

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Businesses in the internal market > Intellectual property

Fees Payable to the Office for Harmonisation in the Internal Market (OHIM)

Document or Iniciative

Commission Regulation (EC) No 2869/95 of 13 December 1995 on the fees payable to the Office for Harmonisation in the Internal Market (Trade Marks and Designs) [See amending acts].

Summary

The fees governed by the Regulation include an application fee for a Community trade mark, a fee for opposition to a Community trade mark, registration and renewal fees, a fee for an application for revocation or for a declaration of invalidity, an appeal fee and a fee for the cancellation of the registration of a licence or other right.

Payment of fees

Fees and charges due to the Office must be paid:

  • by payment or transfer to a bank account held by the Office;
  • by delivery or remittance of cheques made payable to the Office; or
  • in cash.

Currency of payment

All fees and all costs relating to a Community trade mark application must be paid in euros.

Payment details

For all payments, the name of the person making the payment must be indicated and the following information must be provided:

  • when paying the application fee, the purpose of the payment, i.e. “application fee”;
  • when paying the registration fee, the file number of the application being registered and the purpose of the payment, i.e. “registration fee”;
  • when paying the opposition fee, the file number of the application, the name of the applicant for a Community trade mark whose application is being opposed and the purpose of the payment, i.e. “opposition fee”;
  • when paying the revocation or invalidity fee, the registration number, the name of the holder of the Community trade mark against which the application is directed and the purpose of the payment, i.e. “revocation fee” or “invalidity fee”.

Deemed date of payment

The date on which a payment is considered to have been made to the Office is as follows:

  • for a deposit or transfer: the date on which the amount of the payment or transfer is actually entered in a bank account held by the Office;
  • for delivery or remittance of cheques: the date on which the cheque is received by the Office, provided that it is honoured;
  • for a cash payment: the date on which the cash payment is received.

Insufficient payment

In principle, a payment deadline is deemed to have been met only if the full amount of the fee has been paid in due time. If the fee is not paid in full, the amount paid will be refunded after the payment deadline has passed.

Refund of insignificant amounts

Where an excessive sum is paid to cover a fee, the excess will not be refunded if the amount is insignificant and the party concerned has not expressly requested a refund. (It is for the President to determine what constitutes an insignificant amount.)

Refund of fees following refusal of protection

If protection is refused the fee to be refunded is shown in the table in Article 2. In the case of an individual mark the fee to be refunded is €1100, plus €200 for each class of goods and services. In the case of a collective mark the fee to be refunded is €2200 plus €400.

If the refusal concerns part of the goods and services, the fee to be refunded is equal to 50% of the difference between the fees per class paid and the fees per class which would have been payable.

Reduction in the fees payable to the OHIM from 2005 and 2009

The Commission decided to reduce the fees payable to the OHIM by adopting Regulation (EC) No 1687/2005 of 14 October 2005, which is designed to reduce the cost of protecting intellectual property for businesses operating in the EU’s single market. This reduction in fees is the result of productivity gains at the OHIM, which therefore wanted to pass the savings on to business as a whole.

Regulation (EC) No 355/2009 of March 2009 reduces the fees charged by the OHIM and simplifies the fee structure by fixing the amount of the registration fee for a Community trade mark at zero. Only the application fee need be paid. The registration fee is also fixed at zero in relation to international registrations. These reductions in fees are carried out in order to ensure that the OHIM budget is balanced while fostering access to the Community trade mark system for users.

The consequences of the reductions made in 2009 include the following:

  • entreprises will only have to pay an application fee of €1050 instead of the €1750 that it previously cost to apply for and register a Community trade mark;
  • applications made by Internet will be charged at an even lower rate, which will be €900 instead of the €1600 payable in total at present.

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal

Regulation (EC) No 2869/95

22.12.1995

_

OJ L 303, 15.12.1995

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EC) No 781/2004

1.10.2004

OJ L 123 of 27.4.2004

Regulation (EC) No 1042/2005

25.7.2005

OJ L 172 of 5.7.2005

Regulation (EC) No 1687/2005

22.10.2005

OJ L 271 of 15.10.2005

Regulation (EC) No 355/2009

1.5.2009

OJ L 109 of 30.4.2009

Related Acts

Communication of 22 December 2006 from the Commission to the European Parliament and the Council – The financial perspectives of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) [COM(2006) 865 final – Not published in the Official Journal].
This Communication deals with the long-term management of the financing of the OHIM. The OHIM provides EU-wide protection for trade marks and designs for companies from all over the world. It is funded by the businesses that use its services. The OHIM is generating substantial cash reserves, particularly as a result of the ever increasing number of applications for trade marks and designs. Despite fee reductions in 2005, cash reserves are expected to increase still further in the next few years. However, the annual surplus cannot be allowed to continue to exceed the financial resources needed by the Office to operate. The Commission has therefore proposed a periodic review of the fees payable for Community trade marks in order to ensure that the OHIM has a more balanced budget.

Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark [Official Journal L 78/1 of 24.3.2009].

Fewer administrative formalities for more growth

Fewer administrative formalities for more growth

Outline of the Community (European Union) legislation about Fewer administrative formalities for more growth

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Employment and social policy > European Strategy for Growth > Growth and jobs

Fewer administrative formalities for more growth

The Commission proposes associating the improvement and simplification of regulations with the achievement of the Lisbon objectives. The Commission draws a link between better regulation and stronger growth, which in turn leads to the provision of more and better jobs. Cutting down on administrative formalities will allow businesses to stimulate growth and create more jobs in the European Union. In order to achieve this objective, the Commission presents tools for better regulation and wishes to strengthen dialogue between the regulatory services of the EU and those of the Member States.

Document or Iniciative

Communication from the Commission to the Council and the European Parliament of 16 March 2005, entitled “Better Regulation for Growth and Jobs in the European Union” [COM(2005) 97 – Not published in the Official Journal].

Summary

The aim of this Communication is to stimulate growth and employment by promoting the improvement and simplification of regulations in areas affecting European competitiveness. The Commission considers that this process of regulatory simplification helps to make Europe a more attractive place for investors and workers.

The complexity of Community legislation is counterproductive for the public authorities, businesses, citizens and social partners. The legislative and administrative burdens are particularly onerous for small and medium-sized enterprises (SMEs), which account for two thirds of employment in the European Union (EU).

Simplification of existing legislation

Action must be taken at all levels. Cooperation with the Parliament and the Council is therefore essential, as is the Member States’ commitment to guaranteeing that the principles of better regulation are respected.

The strategy for regulatory simplification is one of the cornerstones of the Better Regulation initiative. This simplification goes further than simply rewriting the existing legislative texts, requiring efforts to create more effective, more flexible and more proportionate rules for those who must respect and apply them.

With a view to increasing the impact on growth and competitiveness of the legislative simplification initiative, the Commission proposes taking the following measures:

  • identifying the legislation in need of simplification in cases where legislative complexity proves to be disproportionate. The Commission proposes using websites on better regulation to let businesses, NGOs and citizens air their views and give specific examples of the administrative costs arising from the legislation to which they are subject;
  • devising integrated sectoral action plans to simplify essential technical measures which concern a number of sectors, such as manufacturing industry, the car industry, the fisheries sector or the telecommunications sector;
  • promoting the use of European standards as technical back-up for European legislation or as an alternative to legislation.

The Commission drew up an initial simplification programme as early as 2003 with a view to reducing the volume of the Community acquis. It proposed taking a more systematic approach to consolidation and codification once a legislative instrument had been amended and deleting obsolete legislation from the acquis. The Commission calls upon the stakeholders concerned at Community and national level to continue their efforts in this direction.

As regards existing legislation, the Council drew up a list in 2004 of legislative instruments divided into fifteen priority groups for potential simplification. At the start of 2005, following impact analyses on the scope of the simplification process for this list of instruments, an extensive consultation of the Member States and the business community supplemented by an on-line public consultation pushed the Commission to focus primarily on certain key areas, in line with the objectives of competitiveness and economic revival, such as company law, financial services, transport and consumer protection.

Impact assessment

The Commission undertakes to carry out impact assessments with a view to meticulously analysing the economic, social and environmental consequences of the new legislation. These assessments go hand-in-hand with a wide-scale consultation in order to gather the opinions of all stakeholders wishing to contribute to the drafting of the new rules.

In accordance with the new guidelines for impact assessments, emphasis is laid on economic aspects. The main objective is to support competitiveness, including effective competition, while still assessing the social and environmental consequences of the proposed measures. A complex network of various rules at national and regional level will only undermine competition, whereas the application of a single rule in all the Member States is simpler and more effective.

Better regulation at Member State level

Better regulation is not solely a Community concern based on close interinstitutional cooperation: the Member States can also help to reduce bureaucracy. The Commission wants better regulation to become an integral part of the Lisbon National Action Plans. With this aim in mind, it recommends that the Member States:

  • take national measures to promote better regulation, which should include impact analysis systems and simplification programmes;
  • engage in preventive dialogue with the Commission services in order to avoid introducing procedures which are not automatically required by a directive at the time of its transposition for harmonised areas reserved for texts deemed to be essential;
  • use infringement proceedings and preventive controls to improve the quality of regulations in terms of transparency, legibility and efficiency in non-harmonised areas such as the free movement of goods.

In 2005, the Commission set up advisory monitoring bodies involving:

  • national experts on the issue of better regulation. This group advises the Commission, particularly as regards simplification and impact analyses. It strengthens cooperation between the Commission and the Member States, thereby improving the quality of the implementation of Community legislation;
  • independent experts on better regulation, who can intervene at the request of the Commission. These experts are responsible for giving an external opinion on the scientific rigour of the methodology used for specific impact analyses.

The Commission will continue to publish assessment reports with a view to monitoring the implementation of the simplification strategy.

Related Acts

First progress report on the strategy for the simplification of the regulatory environment, 14 November 2006 [COM(2006) 690 – Not published in the Official Journal].

This Commission working document complements the Communication on the Strategic Review of Better Regulation in the European Union. The Commission takes stock of the progress achieved in the implementation of the simplification strategy. It adds 43 initiatives to those identified in October 2005 with a view to enhancing the simplification process in the period 2006-2009. These new initiatives range from administrative simplification in agriculture and the revision of the eco-label award scheme to the simplification of existing legislation on toys.

Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions of 14 November 2005, entitled “A strategic review of Better Regulation in the European Union” [COM(2006) 689 – Not published in the Official Journal].

This strategic review analyses the progress achieved and maps out the main challenges ahead. The Commission considers that great effort has gone into achieving better regulation in the EU, but that the programme must continue to be followed with determination. The Commission, the Parliament, the Council and the Member States can do even more. The Commission insists on the need to further simplify the legislation in force, reduce administrative burdens and codify and repeal obsolete legislation. As regards cooperation with the Member States, the most visible progress can be observed in the measurement of administrative costs and the reduction of burdens. Although only relatively few countries systematically use integrated impact assessments for all new legislative proposals, and the results often cannot be subjected to an external audit, many ad hoc initiatives are taken at national level to lighten the administrative burden, such as on-line administration, one-stop shops and national registration offices.

Communication from the Commission of 21 October 2005 on an EU common methodology for assessing administrative costs imposed by legislation [COM(2005) 518 – Not published in the Official Journal].

This Communication outlines an EU common methodology and proposes the next steps for its introduction. The EU common methodology for assessing administrative costs must be applied in a proportionate manner, in other words only when the scale of the administrative obligations imposed by an EU act justifies it. However, some efforts to minimise the administrative burden have not involved quantification. In those cases, complaints and suggestions from targeted groups are gathered through public consultation. A group of experts then examines the regulatory framework and makes recommendations for simplification. The Commission considers that an EU common methodology provides net added value, provided that it is not applied at the expense of analysis of other impacts.

Communication from the Commission of 27 September 2005, entitled “Outcome of the screening of legislative proposals pending before the Legislator” [COM(2005) 462 – Not published in the Official Journal].

This Communication relates to the screening by the Commission of all proposals pending before the Council and the Parliament. One of the factors contributing to the success of the simplification objectives is interinstitutional cooperation. These impact assessments, defined in the Communication of March 2005, relate to pending proposals. When the screening process was launched in April 2005, the total number of pending proposals was 489. The Commission provides for two types of action: the withdrawal of proposals and the continuation of the legislative process with an in-depth economic analysis. Following screening by the Commission, action will be taken as regards the 73 pending proposals which were considered not to be consistent with the Lisbon objectives.

This fact sheet is not legally binding on the European Commission, it does not claim to be exhaustive and does not represent an official interpretation of the text of the Treaty.

Fertilisers

Fertilisers

Outline of the Community (European Union) legislation about Fertilisers

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Agriculture > Environment

Fertilisers

Document or Iniciative

Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers [See Amending Act(s)].

Summary

The European Union (EU) gathers all rules applying to fertilisers into a single piece of legislation in order to ensure the uniform application of a package of very technical provisions.

EC fertilisers

This Regulation only applies to mineral fertilisers made up of one or more plant nutrients (or fertilising elements).

All types of fertiliser in Annex I which comply with the provisions of this regulation may bear the words “EC fertiliser”. The list of the various types of fertilisers authorised on the European market may be extended. In order to be listed, the manufacturer must apply to the competent authority in their country and constitute a technical file on the characteristics of the fertiliser. Applications are then sent to the Commission, which accepts or rejects the manufacturer’s application.

All fertilisers bearing the words “EC fertiliser” may circulate freely on the European market. Member States may not prohibit or limit their placing on the market unless they consider that the fertiliser in question represents a danger for health or a risk to the environment. In such cases, the product is temporarily withdrawn from the market until a study is carried out at European level to ascertain whether the risk is well founded.

Legal requirements

A type of fertiliser shall only bear the words “EC fertiliser” if:

  • it has no adverse effect on the health of humans, animals, plants or the environment under normal conditions of use;
  • it is effective;
  • relevant sampling and analysis methods are being provided.

Annex I of the Regulation also establishes minimum nutrient content required for each type of fertiliser (nitrogen content, phosphorus content, etc.).

The Regulation lays down a certain number of compulsory statements which must appear on the packaging and labels of fertilisers. In particular, these include the marking “EC fertiliser”, details relating to the description of nutrients or micro-nutrients, information about the manufacturer and, if applicable, details of blends. Some optional information is also recommended, such as specific directions for the use, storage and handling of the fertiliser.

The Regulation harmonises the rules on labelling and packaging in the EU. These rules concern, inter alia, the marking of nutrient content. Quantities of substances may be indicated in several ways. For example, phosphate content may be indicated in elemental form or in oxide form.

Provisions for specific types of fertilisers

The Regulation sets out detailed technical provisions regarding the scope, declaration, 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, iron, manganese, etc.;
  • ammonium nitrate fertilisers of high nitrogen content: given the dangerous nature of this type of fertiliser, the Regulation lays down additional measures such as a detonability test described in Annex III to this Regulation.

Controls

Member States may carry out official controls to verify compliance of fertilisers bearing the words “EC fertiliser” 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.

For inspection purposes, manufacturers must keep records of the origin of “EC fertilisers” for as long as they are being supplied to the market.

Member States determine the rules on penalties applicable to infringements of the provisions of the Regulation.

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.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EC) No 2003/2003

11.12.2003
(11.6.2005 for Articles 8 and 26)

OJ L 304, 21.11.2003

DEROGATIONS FROM THE ACT

Decision 2006/348/EC [Official Journal L 129 of 17.5.2006].
This derogation applies to the maximum admissible content of cadmium in fertilisers notified by the Republic of Finland.

Decision 2006/349/EC [Official Journal L 129 of 17.5.2006].
This derogation applies to the maximum admissible content of cadmium in fertilisers notified by the Republic of Austria.

Amending Act(s) Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EC) No 219/2009

20.4.2009

OJ L 87, 31.3.2009

Successive amendments and corrections to Regulation (EC) No 2003/2003 have been incorporated into the basic text. This consolidated versionis for information only.


Another Normative about Fertilisers

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic

Internal market > Single Market for Goods > Chemical products

Fertilisers

Document or Iniciative

Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers [See Amending Act(s)].

Summary

The European Union (EU) gathers all rules applying to fertilisers into a single piece of legislation in order to ensure the uniform application of a package of very technical provisions.

EC fertilisers

This Regulation only applies to mineral fertilisers made up of one or more plant nutrients (or fertilising elements).

All types of fertiliser in Annex I which comply with the provisions of this regulation may bear the words “EC fertiliser”. The list of the various types of fertilisers authorised on the European market may be extended. In order to be listed, the manufacturer must apply to the competent authority in their country and constitute a technical file on the characteristics of the fertiliser. Applications are then sent to the Commission, which accepts or rejects the manufacturer’s application.

All fertilisers bearing the words “EC fertiliser” may circulate freely on the European market. Member States may not prohibit or limit their placing on the market unless they consider that the fertiliser in question represents a danger for health or a risk to the environment. In such cases, the product is temporarily withdrawn from the market until a study is carried out at European level to ascertain whether the risk is well founded.

Legal requirements

A type of fertiliser shall only bear the words “EC fertiliser” if:

  • it has no adverse effect on the health of humans, animals, plants or the environment under normal conditions of use;
  • it is effective;
  • relevant sampling and analysis methods are being provided.

Annex I of the Regulation also establishes minimum nutrient content required for each type of fertiliser (nitrogen content, phosphorus content, etc.).

The Regulation lays down a certain number of compulsory statements which must appear on the packaging and labels of fertilisers. In particular, these include the marking “EC fertiliser”, details relating to the description of nutrients or micro-nutrients, information about the manufacturer and, if applicable, details of blends. Some optional information is also recommended, such as specific directions for the use, storage and handling of the fertiliser.

The Regulation harmonises the rules on labelling and packaging in the EU. These rules concern, inter alia, the marking of nutrient content. Quantities of substances may be indicated in several ways. For example, phosphate content may be indicated in elemental form or in oxide form.

Provisions for specific types of fertilisers

The Regulation sets out detailed technical provisions regarding the scope, declaration, 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, iron, manganese, etc.;
  • ammonium nitrate fertilisers of high nitrogen content: given the dangerous nature of this type of fertiliser, the Regulation lays down additional measures such as a detonability test described in Annex III to this Regulation.

Controls

Member States may carry out official controls to verify compliance of fertilisers bearing the words “EC fertiliser” 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.

For inspection purposes, manufacturers must keep records of the origin of “EC fertilisers” for as long as they are being supplied to the market.

Member States determine the rules on penalties applicable to infringements of the provisions of the Regulation.

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.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EC) No 2003/2003

11.12.2003
(11.6.2005 for Articles 8 and 26)

OJ L 304, 21.11.2003

DEROGATIONS FROM THE ACT

Decision 2006/348/EC [Official Journal L 129 of 17.5.2006].
This derogation applies to the maximum admissible content of cadmium in fertilisers notified by the Republic of Finland.

Decision 2006/349/EC [Official Journal L 129 of 17.5.2006].
This derogation applies to the maximum admissible content of cadmium in fertilisers notified by the Republic of Austria.

Amending Act(s) Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EC) No 219/2009

20.4.2009

OJ L 87, 31.3.2009

Successive amendments and corrections to Regulation (EC) No 2003/2003 have been incorporated into the basic text. This consolidated version is for information only.