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Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers (Text with EEA relevance)

EU Regulation No 2003/2003 · Adopted 13 October 2003 · Extends to United Kingdom

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Regulation (EC) No 2003/2003 of the European Parliament and of the Council

of 13 October 2003

relating to fertilisers

(Text with EEA relevance)

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THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commissionf1,

Having regard to the Opinion of the European Economic and Social Committeef2,

Acting in accordance with the procedure laid down in Article 251 of the Treatyf3,

Whereas:

(1)

Council Directive 76/116/EEC of 18 December 1975 on the approximation of the laws of the Member States relating to fertilisersf4, Council Directive 80/876/EEC of 15 July 1980 on the approximation of the laws of the Member States relating to straight ammonium nitrate fertilisers of high nitrogen contentf5, Commission Directive 87/94/EEC of 8 December 1986 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 contentf6, and Commission Directive 77/535/EEC of 22 June 1977 on the approximation of the laws of the Member States relating to methods of sampling and analysis for fertilisersf7, have been substantially amended several times. In accordance with the communication from the Commission to the European Parliament and the Council ‘Simpler legislation for the internal market’ (SLIM) and the Action Plan for the Single Market those Directives should be repealed and replaced by a single legal instrument, in the interests of clarity.

(2)

The Community legislation on fertilisers is very technical in its content. A Regulation is therefore the most appropriate legal instrument, as it imposes directly on manufacturers precise requirements to be applied at the same time and in the same manner throughout the Community.

(3)

In each Member State fertilisers must display certain technical characteristics laid down by mandatory provisions. These provisions, concerning more particularly the composition and definition types of fertilisers, the designations of these types, their identification and their packaging, differ from one Member State to another. By their disparity they hinder trade within the Community and should therefore be harmonised.

(4)

Since the objective of the proposed action, namely to ensure the internal market in fertilisers, cannot be sufficiently achieved by the Member States if there are no common technical criteria and can therefore, by reason of the scale of the action, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve this objective.

(5)

It is necessary to determine at Community level the designation, definition and composition of certain fertilisers (EC fertilisers).

(6)

Community rules on the identification, traceability and labelling of EC fertilisers and on the closure of the packages should also be laid down.

(7)

A procedure should be established at Community level to be followed in cases where a Member State deems it necessary to restrict the placing on the market of EC fertilisers.

(8)

The production of fertilisers is subject to varying degrees of fluctuation due to manufacturing techniques or basic materials. Sampling and analytical procedures may also contain variations. It is therefore necessary to authorise tolerances on the declared nutrient contents. In the interest of the agricultural user, it is advisable to keep these tolerances within narrow limits.

(9)

Official controls on the compliance of EC fertilisers with requirements of this Regulation concerning quality and composition should be carried out by laboratories that are approved by the Member States and notified to the Commission.

(10)

Ammonium nitrate is the essential ingredient of a variety of products, some of which are intended for use as fertilisers and others as explosives. It is necessary, having regard to the particular nature of ammonium nitrate fertilisers of high nitrogen content and to the consequent requirements regarding public safety, health and protection of workers, to lay down additional Community rules for EC fertilisers of this type.

(11)

Certain of those products could be hazardous and could in certain instances be used for purposes other than those for which they were intended. This could well endanger the security of persons and property. Manufacturers should therefore be obliged to take appropriate steps to avoid such use, and in particular to ensure the traceability of such fertilisers.

(12)

In the interest of public safety, it is particularly important to determine at Community level the characteristics and properties distinguishing ammonium nitrate EC fertilisers of high nitrogen content from varieties of ammonium nitrate used in the manufacture of products used as explosives.

(13)

Ammonium nitrate EC fertilisers of high nitrogen content should conform to certain characteristics to ensure that they are harmless. Manufacturers should ensure that all high nitrogen content ammonium nitrate fertilisers have passed a test of resistance to detonation before those fertilisers are placed on the market.

(14)

It is necessary to establish rules on the methods of the closed thermal cycles even if these methods may not necessarily simulate all conditions arising during transport and storage.

(15)

Fertilisers can be contaminated by substances that can potentially pose a risk to human and animal health and the environment. Further to the opinion of the Scientific Committee on Toxicity, Ecotoxicity and the Environment (SCTEE), the Commission intends to address the issue of unintentional cadmium content in mineral fertilisers and will, where appropriate, draw up a proposal for a Regulation, which it intends to present to the European Parliament and the Council. Where appropriate, a similar review will be undertaken for other contaminants.

(16)

It is appropriate to establish a procedure, to be observed by any manufacturer or its representative that wishes to include a new type of fertiliser in Annex I in order to use the marking ‘EC fertiliser’.

(17)

The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commissionf8.

(18)

Member States should lay down penalties in respect of infringements of the provisions of this Regulation. They may provide that a manufacturer which infringes Article 27 can be fined an amount equivalent to ten times the market value of the shipment that fails to comply.

(19)

Directives 76/116/EEC, 77/535/EEC, 80/876/EEC and 87/94/EEC should be repealed,

HAVE ADOPTED THIS REGULATION:

Annotations to the whole text

Modifications

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Regulation: power to amend or modify conferred (11.11.2020 for specified purposes, 11.1.2021 in so far as not already in force) by Agriculture Act 2020 (c. 21), ss. 33(4), 57(1)(b)(c)(6)

C2

Regulation applied (with modifications) (27.2.2021) by The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/207), reg. 3(1)(3) (with reg. 3(2))

Footnotes

f1

OJ C 51 E, 26.2.2002, p. 1 and OJ C 227 E, 24.9.2002, p. 503.

f2

OJ C 80, 3.4.2002, p. 6.

f3

Opinion of the European Parliament of 10 April 2002 (OJ C 127 E, 29.5.2002, p. 160), Council Common Position of 14 April 2003 (OJ C 153 E, 1.7.2003, p. 56) and Decision of the European Parliament of 2 September 2003 (not yet published in the Official Journal).

f4

OJ L 24, 30.1.1976, p. 21. Directive as last amended by Directive 98/97/EC of the European Parliament and the Council (OJ L 18, 23.1.1999, p. 60).

f5

OJ L 250, 23.9.1980, p. 7. Directive as amended by Directive 97/63/EC of the European Parliament and the Council (OJ L 335, 6.12.1997, p. 15).

f6

OJ L 38, 7.2.1987, p. 1. Directive as amended by Directive 88/126/EEC (OJ L 63, 9.3.1988, p. 12).

f7

OJ L 213, 22.8.1977, p. 1. Directive as last amended by Directive 95/8/EC (OJ L 86, 20.4.1995, p. 41).

f8

OJ L 184, 17.7.1999, p. 23.

Contents

  1. Title I: GENERAL PROVISIONS
  2. Chapter I: Scope and definitions
  3. 1Scope
  4. 2Definitions
  5. Chapter II: Placing on the market
  6. 3UK fertiliser
  7. 4Establishment within the United Kingdom
  8. 5Free circulation Repealed
  9. 6Compulsory statements
  10. 7Identification
  11. 8Traceability
  12. 9Markings
  13. 10Labelling
  14. 11Languages
  15. 12Packaging
  16. 13Tolerances
  17. 14Fertiliser requirements
  18. 15Safeguard clause
  19. Title II: PROVISIONS FOR SPECIFIC TYPES OF FERTILISERS
  20. Chapter I: Inorganic primary nutrient fertilisers
  21. 16Scope
  22. 17Declaration of secondary nutrients in primary nutrient fertilisers
  23. 18Calcium, magnesium, sodium and sulphur
  24. 19Identification
  25. Chapter II: Inorganic secondary nutrient fertilisers
  26. 20Scope
  27. 21Identification
  28. Chapter III: Inorganic micro-nutrient fertilisers
  29. 22Scope
  30. 23Identification
  31. 24Packaging
  32. Chapter IV: Ammonium nitrate fertilisers of high nitrogen content
  33. 25Scope
  34. 26Safety measures and controls
  35. 27Test of resistance to detonation
  36. 28Packaging
  37. Title III: CONFORMITY ASSESSMENT OF FERTILISERS
  38. 29Control measures
  39. 30Laboratories
  40. Title IV: FINAL PROVISIONS
  41. Chapter I: Adaptation of the Annexes
  42. 31New UK fertilisers and technical adaptations
  43. 32Regulations
  44. Chapter II: Transitional provisions
  45. 33Competent laboratories Repealed
  46. 34Packaging and labelling Repealed
  47. Chapter III: Final provisions
  48. 35Repealed Directives
  49. 36Penalties Repealed
  50. 37National provisions Repealed
  51. 38Entry into force Repealed
  52. Signature
  53. Attachment
  54. Attachment
  55. Inorganic straight primary nutrient fertilisers
  56. A.1Nitrogenous fertilisers
  57. A.2Phosphatic fertilisers
  58. A.3Potassic fertilisers
  59. Inorganic compound primary nutrient fertilisers
  60. B.1NPK fertilisers
  61. B.2NP fertilisers
  62. B.3NK fertilisers
  63. B.4PK fertilisers
  64. Inorganic fluid fertilisers
  65. C.1Straight fluid fertilisers
  66. C.2Compound fluid fertilisers
  67. DInorganic secondary nutrient fertilisers
  68. Inorganic micro-nutrient fertilisers
  70. Division
  71. Division
  72. Division
  73. Division
  74. Fertilisers containing only one micro-nutrient
  75. E.1.1Boron
  76. E.1.2Cobalt
  77. E.1.3Copper
  78. E.1.4Iron
  79. E.1.5Manganese
  80. E.1.6Molybdenum
  81. E.1.7Zinc
  82. Minimum micro-nutrient content, percentage weight of fertiliser; mixed micro-nutrient fertiliser types
  83. E.2.1Minimum micro-nutrient content in solid or fluid mixtures of micro-nutrient fertilisers, percentage weight of fertiliser
  84. E.2.2Minimum micro-nutrient content in UK FERTILISERS containing primary and/or secondary nutrient(s) with micro-nutrient(s) applied to the soil, percentage weight of fertiliser
  85. E.2.3Minimum micro-nutrient content in UK FERTILISERS containing primary and/or secondary nutrient(s) with micro-nutrient(s) for leaf sprays, percentage weight of fertiliser
  86. E.2.4Solid or fluid mixtures of micro-nutrient fertilisers
  87. E.3List of authorised organic chelating and complexing agents for micro-nutrients
  88. E.3.1Chelating agents
  89. E.3.2Complexing agents
  90. FNitrification and urease inhibitors
  91. GLiming materials
  92. G.1Natural Limes
  93. G.2Oxide and Hydroxide limes of natural origin
  94. G.3Limes from industrial processes
  95. G.4Mixed limes
  96. G.5Mixtures of liming materials with other UK fertiliser types
  97. Attachment
  98. Inorganic straight primary nutrient fertilisers absolute value in percentage by mass expressed as N, P2O5, K2O, MgO, Cl
  99. 1.1Nitrogenous fertilisers
  100. Phosphatic fertilisers
  101. Division
  102. Other phosphatic fertilisers
  103. 1.3Potassic fertilisers
  104. 1.4Other components
  105. Inorganic compound primary nutrient fertilisers
  106. 2.1Nutrient elements
  107. 2.2Total negative deviations from the declared value
  108. 3Secondary nutrients in fertilisers
  109. 4Micro-nutrients in fertilisers
  110. 5Liming materials
  111. Attachment
  112. Attachment
  113. Attachment