27 Amendments of Maria GRAPINI related to 2016/0084(COD)
Amendment 89 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL for a Regulation of the European Parliament and the Council on laying down rules on the making available on the market of CE markedEU fertilising products and amending Regulations (EC) No 1069/2009 and (EC) No 1107/2009 (Text with EEA relevance) his amendment applies throughout the legislative text. Adopting it will necessitate corresponding changes throughout.)
Amendment 93 #
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 aid in the development of the circular economy and allow a more resource-efficient general 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 95 #
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, minorganiceral 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. The scope of the harmonisation should therefore be extended in order to include recycled and organic materials. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) _________________ 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 107 #
Proposal for a regulation
Recital 9
Recital 9
(9) PAn EU fertilising products complying with all the requirements of this Regulation should be allowed to move freely on the internal market. WThere one or more of the component materials in a CE marked fertilising product falls Member State authorities may put in place a system of on-line registration of economic operators trading with EU fertilising products. The aim of the scheme is to facilitate an overview of the market in fertilising products regardless of their origin. Economic operators are required to register online accordingly and update information about company activities relating EU fertilising products. The registration system will contribute to market surveillance and will be an alternative source of information for farmers on the market for EU fertilising products. Where one or more of the component materials [...] is a derived product within the scope of Regulation (EC) No 1069/2009 of the European Parliament and of the Council18 , but has reachesd [...] a point in the manufacturing chain beyond which it no longer poses any significant risk to public or animal health (the 'end point in the manufacturing chain'), it would represent an unnecessary administrative burden to continue subjecting the product to the provisions of that Regulation. Such fertilising products should therefore be excluded from the requirements of that Regulation. Regulation (EC) No 1069/2009 should therefore be amended accordingly. _________________ 18 Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) (OJ L 300, 14.11.2009, p. 1).
Amendment 135 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) The Member State authorities may establish a network of information points for economic operators to provide data on the application of this Regulation, relating also to the soil characteristics of the Member State concerned. The information should be based on scientific soil studies farmers’ objectives in terms of efficient economic activities and compliance with soil safety and protection requirements.
Amendment 144 #
Proposal for a regulation
Recital 47
Recital 47
(47) CE-marked fertilising products should be placed on the market only if they are sufficiently effectivehave been proved effective in agronomic terms and do not present unacceptable risks to human, animal or plant health, to safety or to the environment when properly stored and used for their intended purpose, and under conditions of use which can be reasonably foreseen, that is when such use could result from lawful and readily predictable human behaviour. Therefore, requirements for safety and quality, as well as appropriate control mechanisms, should be established. Furthermore, the intended use of CE marked fertilising products should not lead to food or feed becoming unsafe.
Amendment 147 #
Proposal for a regulation
Recital 47
Recital 47
(47) CE-marked fertilising products should be placed on the market only if they are sufficiently effective and do not present unacceptable risks to human, animal or plant health, to safety or to the environment when properly stored and used for their intended purpose, and under conditions of use which can be reasonably foreseen, that is when such use could result from lawful and readily predictable human behaviour. Therefore, requirements for safety and quality, as well as appropriate control mechanisms, should be established. Furthermore, the intended use of CE marked fertilising products should not lead to food or feed becoming unsafe.
Amendment 154 #
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
This Regulation shall apply to CE marked[...]EU fertilising products.
Amendment 156 #
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. This Regulation lays down rules on the marketing and free movement of EU fertilising products.
Amendment 161 #
Proposal for a regulation
Article 1 – paragraph 2 – point c a (new)
Article 1 – paragraph 2 – point c a (new)
(ca) Regulation (EC) No 834/2007
Amendment 166 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘fertilising product’ means a substance, mixture, micro-organism or any other material, applied or intended to be applied, either on its own or mixed with another material, on plants or their rhizosphere or on fungi or their mycosphere for the purpose of providing plants or fungi with nutrient or improving their nutrition efficiency;
Amendment 178 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 182 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
The Member State authorities shall establish information points for economic operators regarding fertilising products and application of this Regulation, relating also to the soil characteristics of the Member State concerned. The Member State authorities may inform users of fertilising products about the nature of the soil with a view to choosing the right product. The recommendations or information should be based on scientific soil studies and user objectives.
Amendment 192 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
Article 6 – paragraph 4 – subparagraph 1
Manufacturers shall ensure that procedures are in place for CE marked fertilising products that are part of a series production to remain in conformity with this Regulation. Changes in production method or characteristics of those fertilising products and changes in the harmonised standards, common specifications referred to in Article 13 or other technical specifications by reference to which conformity of a CE marked fertilising product is declared shall be adequately taken into account.
Amendment 211 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Before placing EU fertilising products on the market, importers must take into account the soil characteristics in each case, so as to ensure that the right fertilising products are supplied in accordance with the requirements and needs of the soils and the markets concerned.
Amendment 214 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Before placing a CE marked fertilising product on the market importers shall ensure that the appropriate conformity assessment procedure referred to in Article 14 has been carried out by the manufacturer. They shall ensure that the manufacturer has drawn up the technical documentation, that the CE marked fertilising product is accompanied by the EU declaration of conformity and the required documents, and that the manufacturer has complied with the requirements set out in Article 6(5) and (6). Where an importer considers or has reason to believe that a CE marked fertilising product is not in conformity with the applicable requirements set out in Annex I, Annex II or Annex IIIof this Regulation, he or she shall not place the fertilising product on the market until it has been brought into conformity. Furthermore, where the CE marked fertilising product presents an unacceptable risk to human, animal or plant health, to safety or to the environment, the importer shall inform the manufacturer and the market surveillance authorities to that effect.
Amendment 222 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Importers shall ensure that the CE markedEU fertilising product is labelled in accordance with Annex III, or where the fertilising product is supplied without packaging, the required information is provided in a document accompanying the EU fertilising product. I Information required under Annex III shall be in a language which can be easily understood by end- users, as determined by the Member State concerned.
Amendment 235 #
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Before making an CE markedEU fertilising product available on the market distributors shall verify that it is accompanied by the EU declaration of conformity and by the required documents, that it is labelled in accordance with Annex III in a language which can be easily understood by end- users in the Member State in which the CE markedEU fertilising product is to be made available on the market, and that the manufacturer and the importer have complied with the requirements set out in Article 6(5) and (6) and Article 8(3) respectively. Where the EU fertilising product is supplied without packaging, distributors must verify whether the necessary information is provided in the documents accompanying the product. That information must also be in a language that can be easily understood by end-users in the Member State in which the EU fertilising product will be marketed.
Amendment 239 #
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1 a (new)
Article 9 – paragraph 2 – subparagraph 1 a (new)
Before placing EU fertilising products on the market, distributors must take into account the soil characteristics in each case, so as to ensure that the right fertilising products are supplied in accordance with the requirements and needs of the soils and the markets concerned.
Amendment 242 #
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
Where a distributor considers or has reason to believe that a CE marked fertilising product is not in conformity with the applicable requirements set out in Annex I, Annex II or Annex IIIof this Regulation, he or she shall not make the fertilising product available on the market until it has been brought into conformity. Furthermore, where the CE marked fertilising product presents an unacceptable risk to human, animal or plant health, to safety or to the environment, the distributor shall inform the manufacturer or the importer to that effect as well as the market surveillance authorities.
Amendment 250 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The CE marking shall be affixed visibly, legibly and indelibly to the accompanying documentsEU fertiliser product packaging and, where the CE markedEU fertilising product is not supplied in a packaged form, ton the packagingcompanying documents.
Amendment 259 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
A CE marked fertiliszing product based on waste that has undergone a recovery operation and complies with the requirements laid down in this Regulation shall be considered to comply with the conditions laid down in Article 6(1) of Directive 2008/98/EC and shall, therefore, be considered as having ceased to be waste, once the declaration of conformity has been elaborated.
Amendment 268 #
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 and taking into account the results of the report mentioned in paragraph 1a (new) to amend Annexes I to IV for the purposes of adapting them to technical progress and facilitating internal market access and free movement for CE marked fertilising products
Amendment 283 #
Proposal for a regulation
Article 42 – paragraph 1 a (new)
Article 42 – paragraph 1 a (new)
1a. The Commission shall present to the European Parliament and the Council a report on the application of this Regulation no later than 4 years from [Publication office, please insert the date of entry into force of this Regulation] and at regular intervals afterwards. The report shall assess the impact of the regulation on the environment, on EU economic operators, notably SMEs, on competition inside EU internal market and on consistency with the principles and objectives of EU external action, notably EU trade policy. When assessing the impact on EU economic operators, the Commission should address the issue of the access to existing and future EU funding opportunities available for research and for adjustment of their activity to the new requirements imposed by this Regulation.
Amendment 287 #
Proposal for a regulation
Article 42 – paragraph 1 b (new)
Article 42 – paragraph 1 b (new)
1b. Notwithstanding paragraph 1, the Commission shall be empowered to adopt delegated acts to amend the provisions on Annex I in relation to the maximum quantity for contaminant Cadmium only after the presentation of the report mentioned above and taking into account its results. The Commission may not lower the admissible limit of cadmium: i) below 60 mg/kg during the 5 years after [Publication office, please insert the date of entry into force of this Regulation]; ii) below 40 mg/kg during the 12 years after [Publication office, please insert the date of entry into force of this Regulation];
Amendment 299 #
Proposal for a regulation
Article 42 – paragraph 2 – point a
Article 42 – paragraph 2 – point a
(a) name of the micro-organism by strain level;
Amendment 339 #
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
It shall apply from 1 January 2018 take effect three years from the date of its publication in the Official Journal of the European Union, with the exception of Articles 19 to 35, which shall take effect nine months following the date of publication in the Official Journal of the European Union, and Articles 13, 41, 42, 43 and 45 which shall take effect from the date of publication in the Official Journal of the European Union.