Activities of Stefan ECK related to 2016/0084(COD)
Plenary speeches (1)
EU fertilising products (debate) DE
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council laying down rules on the making available on the market of CE marked fertilising products and amending Regulations (EC) No 1069/2009 and (EC) No 1107/2009
Amendments (64)
Amendment 151 #
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. Their content should therefore be limited as much as possible 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 152 #
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. 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 166 #
Proposal for a regulation
Recital 11
Recital 11
(11) In the event of risks to public or animal health from CE marked fertilising products derived from animal by-products, recourse to safeguard measures in accordance with Regulation (EC) No 178/2002 of the European Parliament and of the Council19 should be possible, as is the case for other categories of products derived from animal by-productswill be required. __________________ 19 Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).
Amendment 185 #
Proposal for a regulation
Recital 31
Recital 31
(31) Where harmonised standards have not been adopted, or do not with sufficient detail cover all elements of the quality and safety requirements laid down in this Regulation, uniform conditions for implementing those requirements maywill be needed. The Commission shouldall therefore be empowered to adopt implementing acts setting out those conditions in common specifications. For reasons of legal certainty, it should be clarified that CE marked fertilising products must comply with such specifications even if they are considered to be in conformity with harmonised standards.
Amendment 186 #
Proposal for a regulation
Recital 33
Recital 33
(33) IAmmonium nitrate fertilisers of high nitrogen content will be forbidden. However, in order to ensure that CE marked ammonium nitrate fertilisers of high nitrogen content still in use do not endanger safety, and that such fertilisers are not used for purposes other than those for which they are intended, for example as explosives, such fertilisers shouldall be subject to specific requirements relating to detonation resistance testing and to traceability.
Amendment 187 #
Proposal for a regulation
Recital 34
Recital 34
(34) To ensure effective access to information for market surveillance purposes, information regarding conformity with all Union acts applicable to CE marked fertilising products shouldall be given in the form of a single EU declaration of conformity. In order to reduce the administrative burden on economic operators, tThat single EU declaration of conformity may be a dossier made up of relevant individual declarations of conformity whose content will be made publicly available on the internet.
Amendment 188 #
Proposal for a regulation
Recital 35
Recital 35
(35) The CE marking, indicating the conformity of a fertilising product, is the visible consequence of a whole process comprising conformity assessment in a broad sense. General principles governing the CE marking and its relationship to other markings are set out in Regulation (EC) No 765/2008. Specific rules governing the affixing of the CE marking in the case of fertilising products shouldall be laid down.
Amendment 189 #
Proposal for a regulation
Recital 36
Recital 36
(36) CertainThe conformity assessment procedures set out in this Regulation require the intervention of conformity assessment bodies, which are notified by the Member States to the Commission.
Amendment 190 #
Proposal for a regulation
Recital 40
Recital 40
(40) The system set out in this Regulation shouldall be complemented by the accreditation system provided for in Regulation (EC) No 765/2008. Since accreditation is an essential means of verifying the competence of conformity assessment bodies, it shouldall also be used for the purposes of notification.
Amendment 191 #
Proposal for a regulation
Recital 41
Recital 41
(41) Due to the variable nature of certain fertilising product component materials, and the potentially irreversible nature of some of the damages to which soil and crop exposure to impurities could lead, transparent accreditation as provided for in Regulation (EC) No 765/2008, ensuring the necessary level of confidence in certificates of conformity of CE marked fertilising products containing such components, shouldall be the only means of demonstrating the technical competence of conformity assessment bodies.
Amendment 192 #
Proposal for a regulation
Recital 45
Recital 45
(45) In the interest of easing market access, it is crucial that notified bodies apply the conformity assessment procedures without creating unnecessary burdens for economic operators. For the same reason, andAppropriate coordination and cooperation between notified bodies will be needed in order to ensure equal treatment of economic operators, and consistency in the technical application of the conformity assessment procedures needs to be ensured. That can best be achieved through appropriate coordination and cooperation between notified bodies.
Amendment 193 #
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, mandatory and strict requirements for safety and quality, as well as appropriate control mechanisms, shouldall be established. Furthermore, the intended use of CE marked fertilising products should not lead to food or feed becoming unsafe.
Amendment 194 #
Proposal for a regulation
Recital 48
Recital 48
(48) Regulation (EC) No 2003/2003 provides for a safeguard procedure allowing the Commission to examine the justification for a measure taken by a Member State against EC fertilisers considered to constitute a risk. In order to increase transparency and to reduce processing time, it is necessary to improve the existing safeguard procedure, with the view to making it safer and more efficient and drawing on the expertise available in Member States.
Amendment 195 #
Proposal for a regulation
Recital 49
Recital 49
(49) The existing system should be supplemented byall include a procedure under which all interested parties including health and consumers stakeholders and the public in general are informed of measures intended to be taken with regard to CE marked fertilising products presenting an unacceptable risk to human, animal or plant health, to safety or to the environment. It shouldall also allow market surveillance authorities, in cooperation with the relevant economic operators, to act at an early stage in respect of such fertilising products by preventing them from reaching the market.
Amendment 196 #
Proposal for a regulation
Recital 53
Recital 53
(53) The examination procedure shouldall be used for the adoption of implementing acts with respect to compliant CE marked fertilising products which present an unacceptable risk to human, animal or plant health, to safety or to the environment, since such acts fall within the ambit of Article 2(2) of Regulation (EU) No 182/2011. For the same reason, it shouldall also be used for the adoption, amendment or repeal of common specifications.
Amendment 197 #
Proposal for a regulation
Recital 54
Recital 54
(54) The Commission shouldall, by means of implementing acts, determine whether measures taken by Member States in respect of non-compliant CE marked fertilising products are justified or not. Since those acts will relate to the question whether national measures are justified, there is no need for the acts to be subject to control by the Member States.
Amendment 203 #
Proposal for a regulation
Recital 58
Recital 58
(58) Member States shouldall lay down rules on penalties applicable to infringements of this Regulation and ensure that those rules are enforced. The penalties provided for should be effective, proportionate and dissuasive.
Amendment 204 #
Proposal for a regulation
Recital 59
Recital 59
Amendment 206 #
Proposal for a regulation
Recital 60
Recital 60
Amendment 223 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Member States shall not impede the making available on the market of CE marked fertilising products which comply with this Regulation unless they have evidence or well-founded suspicions on the impact of such products on human and animal health and on environment.
Amendment 228 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 2
Article 6 – paragraph 4 – subparagraph 2
When deemed appropriate with regard to the performance of, or the risks presented by, a CE marked fertilising product, manufacturers shall carry out sample testing of such fertilising products made available on the market, investigate, and, if necessary, keep a register of complaints, of non- conforming CE marked fertilising products and recalls of such products, and shall keep distributors, market surveillance authorities, as well as relevant health public authorities, informed of any such monitoring.
Amendment 230 #
Proposal for a regulation
Article 6 – paragraph 8 – subparagraph 2
Article 6 – paragraph 8 – subparagraph 2
Furthermore, where manufacturers consider or have reason to believe that CE marked fertilising products which they have placed on the market present an unacceptable risks to human, animal or plant health, to safety or to the environment, they shall immediately inform the competent national authorities of the Member States in which they made the fertilising products available on the market to that effect, giving details, in particular, of any non-compliance and of any corrective measures taken.
Amendment 231 #
Proposal for a regulation
Article 6 – paragraph 9
Article 6 – paragraph 9
9. Manufacturers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation, in paper or electronic form, necessary to demonstrate the conformity of the CE marked fertilising product with this Regulation, in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by CE marked fertilising products which they have placed on the market.
Amendment 233 #
Proposal for a regulation
Article 6 – paragraph 10 – subparagraph 2
Article 6 – paragraph 10 – subparagraph 2
The report shall be submitted at least twenty five days in advance of placing those products on the market.
Amendment 235 #
Proposal for a regulation
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) further to a reasoned request from a competent national authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of a CE marked fertilising product;
Amendment 236 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. When deemed appropriate with regard to the performance of or the risks presented by a CE marked fertilising product, importers shall carry out sample testing of such fertilising products made available on the market, investigate, and, if necessary, keep a register of complaints, of non- conforming CE marked fertilising products and recalls of such products, and shall keep distributors informed of any such monitoring.
Amendment 237 #
Proposal for a regulation
Article 8 – paragraph 7 – subparagraph 2
Article 8 – paragraph 7 – subparagraph 2
Furthermore, where importers consider or have reason to believe that CE marked fertilising products which they have placed on the market present an unacceptable risks to human, animal or plant health, to safety or to the environment, they shall immediately inform the competent national authorities of the Member States in which they made the fertilising product available on the market to that effect, giving details, in particular, of any non-compliance and of any corrective measures taken.
Amendment 238 #
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 III, 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 risks 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 239 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
Furthermore, where distributors consider or have reason to believe that CE marked fertilising products which they have made available on the market presents an unacceptable risks to human, animal or plant health, to safety or to the environment, they shall immediately inform the competent national authorities of the Member States in which they made the CE marked fertilising product available on the market to that effect, giving details, in particular, of any non-compliance and of any corrective measures taken.
Amendment 240 #
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. Distributors shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation, in paper or electronic form, necessary to demonstrate the conformity of the CE marked fertilising product. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by CE marked fertilising products which they have made available on the market.
Amendment 250 #
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 2
Article 23 – paragraph 3 – subparagraph 2
A body belonging to a business association or professional federation representing undertakings involved in the design, manufacturing, provision, or use of CE marked fertilising products which it assesses, may, on condition that its independence and the absence of any conflict of interest are demonstrated, not be considered such a body.
Amendment 251 #
Proposal for a regulation
Article 23 – paragraph 8 – subparagraph 1
Article 23 – paragraph 8 – subparagraph 1
The impartiality of the conformity assessment bodies, their top level management and of the personnel responsible for carrying out the conformity assessment tasks shall be guaranteed. Appropriate protection will be ensured for employees who report breaches committed within conformity assessment bodies against retaliation, discrimination or other types of unfair treatment at a minimum;
Amendment 252 #
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
Amendment 253 #
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 1
Article 31 – paragraph 2 – subparagraph 1
Amendment 255 #
Proposal for a regulation
Article 37 – paragraph 1 – subparagraph 1
Article 37 – paragraph 1 – subparagraph 1
Where the market surveillance authorities of one Member State have sufficient reason to believe that a CE marked fertilising product presents an unacceptable risks to human, animal or plant health, to safety or to the environment, they shall carry out an evaluation in relation to the fertilising product concerned covering the requirements laid down in this Regulation. The relevant economic operators shall cooperate as necessary with the market surveillance authorities for that purpose.
Amendment 256 #
Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 4
Article 38 – paragraph 1 – subparagraph 4
The Commission shall address its decision to all Member States and shall immediately communicate it to them and the relevant economic operator or operators.
Amendment 257 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Where, having carried out an evaluation under Article 37(1), a Member State finds that although a CE marked fertilising product is in compliance with this Regulation it presents an unacceptable risks to human, animal or plant health, to safety or to the environment, it shall require the relevant economic operator to take all appropriate measures within a reasonable period to ensure that the fertilising product concerned, when placed on the market, no longer presents thatose risks, to withdraw the fertilising product from the market or to recall it.
Amendment 258 #
Proposal for a regulation
Article 39 – paragraph 4 – subparagraph 3
Article 39 – paragraph 4 – subparagraph 3
On duly justified imperative grounds of urgency relating to the protection of human, animal or plant health, safety or the environment, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 41(4).
Amendment 269 #
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 and facilitating internal market access and free movement for CE marked fertilising products.
Amendment 271 #
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 Annex I, Part I and Annexes II 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 278 #
Proposal for a regulation
Article 42 – paragraph 1 – point a
Article 42 – paragraph 1 – point a
(a) which are likely to be subject of significant trade on the internal market, and
Amendment 280 #
Proposal for a regulation
Article 42 – paragraph 1 – point b
Article 42 – paragraph 1 – point b
(b) for which there is scientific evidence that the they do not present an unacceptable risks to human, animal or plant health, to safety or to the environment, and that they are sufficiently effective.
Amendment 300 #
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. The Commission shall also be empowered to adopt delegated acts in accordance with Article 43 to amend Annex I, Part I and Annexes II to IV in the light of new scientific evidence. The Commission shall use this empowerment where, based on a risk assessment, an amendment proves necessary to ensure that any CE marked fertilising product complying with the requirements of this Regulation does not, under normal conditions of use, present an unacceptable risk to human, animal, or plant health, to safety or to the environment.
Amendment 307 #
Proposal for a regulation
Article 42 – paragraph 4 a (new)
Article 42 – paragraph 4 a (new)
4a. The Commission shall review Annex I Part II ten years after the entry into force of this Regulation or in case there is any new relevant scientific information available as regards the toxicity and carcinogenicity of relevant contaminants or any new technological progress and innovation in the field of production and use of fertilising products.
Amendment 351 #
Proposal for a regulation
Annex I – part 2 – PFC 1(A) – paragraph 2 – indent 5
Annex I – part 2 – PFC 1(A) – paragraph 2 – indent 5
- Lead (Pb) 120 mg/kg dry matter, and
Amendment 393 #
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 2 – indent 1
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 2 – indent 1
- As of [Publications office, please insert the date of application of this Regulation]: 640 mg/kg phosphorus pentoxide (P2O5),
Amendment 403 #
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 2 – indent 2
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 2 – indent 2
Amendment 424 #
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 twelveeight years after the date of application of this Regulation]: 20 mg/kg phosphorus pentoxide (P2O5),
Amendment 432 #
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 3 – point e
Annex I – part 2 – PFC 1(B) – paragraph 3 – point e
(e) Lead (Pb) 120 mg/kg dry matter.
Amendment 479 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 2 – indent 1
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 2 – indent 1
- As of [Publications office, please insert the date of application of this Regulation]: 640 mg/kg phosphorus pentoxide (P2O5),
Amendment 487 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 2 – indent 2
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 2 – indent 2
Amendment 507 #
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 twelveeight years after the date of application of this Regulation]: 20 mg/kg phosphorus pentoxide (P2O5),
Amendment 515 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point e
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point e
(e) Lead (Pb) 1520 mg/kg dry matter,
Amendment 572 #
Proposal for a regulation
Annex I – part 2 – PFC 2 – paragraph 2 – indent 1
Annex I – part 2 – PFC 2 – paragraph 2 – indent 1
- Cadmium (Cd) 31,5 mg/kg dry matter,
Amendment 575 #
Proposal for a regulation
Annex I – part 2 – PFC 2 – paragraph 2 – indent 5
Annex I – part 2 – PFC 2 – paragraph 2 – indent 5
- Lead (Pb) 200 mg/kg dry matter, and
Amendment 583 #
Proposal for a regulation
Annex I – part 2 – PFC 3(A) – paragraph 2 – indent 1
Annex I – part 2 – PFC 3(A) – paragraph 2 – indent 1
- Cadmium (Cd) 31,5 mg/kg dry matter,
Amendment 587 #
Proposal for a regulation
Annex I – part 2 – PFC 3(A) – paragraph 2 – indent 5
Annex I – part 2 – PFC 3(A) – paragraph 2 – indent 5
- Lead (Pb) 120 mg/kg dry matter.
Amendment 598 #
Proposal for a regulation
Annex I – part 2 – PFC 3(B) – paragraph 2 – indent 5
Annex I – part 2 – PFC 3(B) – paragraph 2 – indent 5
- Lead (Pb) 1520 mg/kg dry matter.
Amendment 602 #
Proposal for a regulation
Annex I – part 2 – PFC 4 – paragraph 2 – indent 1
Annex I – part 2 – PFC 4 – paragraph 2 – indent 1
- Cadmium (Cd) 31,5 mg/kg dry matter,
Amendment 605 #
Proposal for a regulation
Annex I – part 2 – PFC 4 – paragraph 2 – indent 5
Annex I – part 2 – PFC 4 – paragraph 2 – indent 5
- Lead (Pb) 1520 mg/kg dry matter.
Amendment 636 #
Proposal for a regulation
Annex I – part 2 – PFC 6 – paragraph 2 – indent 1
Annex I – part 2 – PFC 6 – paragraph 2 – indent 1
- Cadmium (Cd) 31,5 mg/kg dry matter,
Amendment 782 #
Proposal for a regulation
Annex III – part 2 – PFC 1(B) – paragraph 2 a (new)
Annex III – part 2 – PFC 1(B) – paragraph 2 a (new)
2a. Where the CE marked fertilising products has a total phosphorus (P) content of 5 % phosphorus pentoxide (P2O5) equivalent or more by mass (‘phosphate fertiliser’) (a) if the content of cadmium (cd) is equal to or higher than 20 mg/kg phosphorus pentoxide (P2O5) the actual cadmium (Cd) content in mg/kg shall be declared, and (b) the phrase “low cadmium content” or similar, or a logo with that message, may only appear if the content of cadmium (Cd) is lower than 20 mg/kg phosphorus pentoxide (P2O5)
Amendment 802 #
Proposal for a regulation
Annex III – part 2 – PFC 1(C)(I) – paragraph 1 a (new)
Annex III – part 2 – PFC 1(C)(I) – paragraph 1 a (new)
1a. Fertilising products that contains less than 5ppm of Cadmium, Arsenic, Lead, Chromium VI and Mercury, respectively, shall be eligible to use a visible “Green Label” in their packaging and label. The Commission shall be empowered to adopt delegated acts to adopt the technical standards of such label
Amendment 804 #
Proposal for a regulation
Annex III – part 2 – PFC 1(C)(I) – paragraph 1 a (new)
Annex III – part 2 – PFC 1(C)(I) – paragraph 1 a (new)
1a. Where the CE marked fertilising product has a total phosphorus (P) content of 5 % phosphorus pentoxide (P205) equivalent or more by mass (‘phosphate fertiliser’) (a) if the content of cadmium (Cd) is equal to or higher than 20 mg/kg phosphorus pentoxide (P205), the actual cadmium (Cd) content in mg/kg (P205) shall be declared, and (b) the phrase ‘low cadmium content’ or similar, or a logo with that message, may only appear if the content of cadmium (Cd) is lower than 20 mg/kg phosphorus pentoxide (P205).