10 Amendments of Nils TORVALDS related to 2016/0084(COD)
Amendment 147 #
Proposal for a regulation
Recital 1
Recital 1
(1) The conditions for making fertilisers available on the internal market have been partially harmonised through Regulation (EC) No 2003/2003 of the European Parliament and of the Council15 , which almost exclusively covers fertilisers from mined or chemically produced, inorganic materials. There is also a need to make use of recycled or organic materials for fertilising purposes. Harmonised conditions for making fertilisers made from such recycled or organic materials available on the entire internal market should be established in order to provide an important incentive for their further use. Promoting increased use of recycled nutrients would further contribute to the circular economy and allow a more resource efficient overall use of nutrients, while lowering EU dependency on nutrients from third countries. The scope of the harmonisation should therefore be extended in order to include recycled and organic materials. __________________ 15 Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers (OJ L 304, 21.11.2003, p. 1).
Amendment 150 #
Proposal for a regulation
Recital 8
Recital 8
(8) Contaminants in CE marked fertilising products, such as cadmium, can potentially pose a risk to human and animal health and the environment as they accumulate in the environment and enter the food chain. Several Member States already impose contaminant levels for cadmium due to the risk cadmium poses to human and animal health and the environment. Their content should therefore be limited in such products. Furthermore, impurities in CE marked fertilising products derived from bio-waste, in particular polymers but also metal and glass, should be either prevented or limited to the extent technically feasible by detection of such impurities in separately collected bio-waste before processing.
Amendment 162 #
Proposal for a regulation
Recital 10
Recital 10
(10) The end point in the manufacturing chain should be determined for each relevant component material containing animal by-products in accordance with the procedures laid down in Regulation (EC) No 1069/2009. In order to take advantage of technical developments concerning potential use of animal by-products the relevant component material category should be added or expanded in order to include more animal by-products. The setting of the requirements above and rules on processing and recovery for animal by-products should start immediately after the entry into force of this Regulation. Accordingly, the power to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of expanding or adding, without unnecessary delay, certain animal by- products to the specific component material categories in order to create more opportunities and legal certainty for producers and businesses by unlocking the potential to make better use of nutrients from animal by-products such as animal manure. Where a manufacturing process regulated under this Regulation starts already before that end point has been reached, the process requirements of both Regulation (EC) No 1069/2009 and this Regulation should apply cumulatively to CE marked fertilising products, which means application of the stricter requirement in case both Regulations regulate the same parameter.
Amendment 183 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) It is important to ensure regulatory clarity for companies and businesses seeking to use digestates under this Regulation and to further foster the circular economy. Current implementation practices provides that digestates are not subject to registration pursuant to Regulation (EC) No 1907/2006, however this is not entirely clear from the wording of Annex V to that Regulation. Therefore that Annex should be amended in order to address this.
Amendment 198 #
Proposal for a regulation
Recital 55
Recital 55
(55) Promising technical progress is being made in the field of recycling of waste, such as phosphorus recycling from sewage sludge, andin particular struvite, fertilising product production from animal by-products, such as biochar and phosphorus recovery after incineration, in particular ash-based products, and considering that such products are already authorised in several Member States under national legislation. It should be possible for products containing or consisting of such materials to access the internal market without unnecessary delay when the manufacturing processes have been scientifically analysed and process requirements have been established at Union level. For that purpose, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of defining larger or additional categories of CE marked fertilising products or component materials eligible for use in the production of such products. The first of those delegated acts should, in particular, add struvite, biochar and ash-based products to the categories of component materials and should be adopted as soon as possible after the entry into force of this Regulation. For animal by-products, component material categories should be expanded or added only to the extent an end point in the manufacturing chain has been determined in accordance with the procedures laid down in Regulation (EC) No 1069/2009, since animal by-products for which no such end point has been determined are in any event excluded from the scope of this Regulation.
Amendment 202 #
Proposal for a regulation
Recital 56
Recital 56
(56) Furthermore, it should be possible to react immediately to new findings regarding the conditions for CE marked fertilising products to be sufficiently effective and to new risk assessments regarding human, animal or plant health, safety or the environment, taking in to account assessments made by or in cooperation with authorities in the Member States. For that purpose, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend the requirements applicable to various categories of CE marked fertilising products.
Amendment 266 #
Proposal for a regulation
Article 42 – paragraph 1 – introductory part
Article 42 – paragraph 1 – introductory part
1. The Commission shall be empowered to adopt delegated acts in accordance with Article 43 to amend Annexes I to IV for the purposes of adapting them to technical progress, in particular as regards the production of fertilisers from animal by-products and waste recovery materials taking in to account products and materials already authorised in Member States, and facilitating internal market access and free movement for CE marked fertilising products
Amendment 326 #
Proposal for a regulation
Article 48 – paragraph 1 a (new)
Article 48 – paragraph 1 a (new)
Member States who already implemented a lower limit for cadmium for organo- mineral fertilisers and inorganic fertilisers, set out in Annex I, Part II, may maintain this stricter limit until the limit in this Regulation is equal or lower.
Amendment 426 #
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 2 – indent 3
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 2 – indent 3
- As of [Publications office, please insert the date occurring twelvnine years after the date of application of this Regulation]: 20 mg/kg phosphorus pentoxide (P2O5),
Amendment 508 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 2 – indent 3
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 2 – indent 3
- As of [Publications office, please insert the date occurring twelvnine years after the date of application of this Regulation]: 20 mg/kg phosphorus pentoxide (P2O5),