Explanatory note

These Regulations, which are made under section 2(2) of the European Communities Act 1972, implement in England and Wales Regulation (EC) No. 2003/2003 of the European Parliament and the Council relating to fertilisers (“the Community Regulation”).

The Regulations create offences for breaches by manufacturers of the requirements of the Community Regulation regarding designation, compositional tolerances, identification, marking, labelling and packaging of fertilisers designated as EC fertilisers (regulations 3 to 8)). The term “manufacturer” is defined in Article 2 of the Community Regulation.

Manufacturers are required to keep records described in Article 8 (regulation 9).

Regulation 10 provides the Secretary of State (in England) or the National Assembly for Wales (in Wales) with the power to serve compliance notices. Further special provisions relating to these are set out in regulation 14.

Local authorities are responsible for enforcing the Regulations and appointing inspectors for that purpose (regulation 11) and powers of entry, inspection and offences of obstruction of inspectors are contained in regulations 12, 13 and 15 respectively.

Regulation 16 makes provision for the authorisation of laboratories competent to analyse samples and regulation 17 makes provision for the taking and analysis of samples for the purpose of the Regulations.

Inspectors have powers to require remedial action to be taken regarding fertiliser designated as EC fertiliser in respect of which they think an offence under the Regulations is being committed, or to seize the fertiliser (regulation 18).

Regulation 19 provides the Secretary of State (in England) and the National Assembly for Wales (in Wales) with a power to give directions for the mitigation or elimination of risk in circumstances where either of them has justifiable grounds for believing that an EC designated fertiliser, although complying with the requirements of the Community Regulation, constitutes a risk to safety or health of humans, animals or plants or a risk to the environment.

Penalties for offences under the Regulations are set out in regulation 20.

Regulations 21 and 22 disapply the provisions of—

No regulatory impact assessment has been prepared in respect of these Regulations as they have no impact on the cost of business. A transposition note has been prepared copies of which can be obtained from Defra – Nutrient Management Unit, Area 5C, 9 Millbank, C/O 17 Smith Square, London SW1P 3JR. Email: [email protected]. A copy has been placed in the library of each House of Parliament.