BETA

Activities of Bolesław G. PIECHA related to 2016/0084(COD)

Shadow opinions (1)

OPINION on the proposal for a regulation of the European Parliament and of the Council laying down rules on making available on the market of CE marked fertilising products and amending Regulations (EC) No 1069/2009 and (EC) No 1107/2009
2016/11/22
Committee: INTA
Dossiers: 2016/0084(COD)
Documents: PDF(180 KB) DOC(126 KB)

Amendments (75)

Amendment 153 #
Proposal for a regulation
Recital 8 a (new)
(8a) Securing reliable and unhindered access to raw materials is crucial to the Union economy and essential to maintaining and improving quality of life, industry and employment. The European Commission has created a list of Critical Raw Materials (CRMs) in order to identify raw materials with a high supply- risk and a high economic importance to the Union and secure their reliable and unhindered access. In 2014, The European Commission added phosphate rock to this list. This Regulation should not introduce any measures unduly restricting the use, in EC marked fertilising products, of raw materials on which the import-dependency of the Union or its Member State exceeds 70%, or raw materials classified - due to import dependency and risk of supply disruptions - as CRMs under the EU Raw Materials Initiative (COM(2008) 699 final).
2017/03/16
Committee: ENVI
Amendment 158 #
Proposal for a regulation
Recital 8 b (new)
(8b) The Union production of fertilisers depends on manufacturers' ability to procure raw materials that include nutrients. Contaminant limits set out in this Regulation should take due account of the need to import such raw materials from third countries in sufficient quantities. While maintaining high standards for quality, health and environment, due care should be taken that contaminant limits set out in this Regulation: (i) do not unduly restrict the manufacturers' ability to source and use such raw materials in the production of CE marked fertilising products; (ii) do not, provide, by law or in fact, raw material sourcing preferences to individual companies; (iii) do not unduly restrict export of raw materials from third countries; and (iv) comply with the Union's bilateral and multilateral international trade obligations, are based on objective and accurate scientific data and do not create unnecessary obstacles to trade.
2017/03/16
Committee: ENVI
Amendment 160 #
Proposal for a regulation
Recital 8 c (new)
(8c) Contaminant limits set out by this Regulation should not disqualify or give preference to certain sources of raw materials. Therefore market and trade effects of such limits should be monitored to ensure stable and affordable access to raw materials, ensuring effective competition and competitiveness of the EU fertiliser industry. The Commission should ensure that foreign suppliers providing both raw materials and finished fertilising products to the Union do not abuse their market position by restricting the Union industry's access to raw materials and rendering its finished fertilising products uncompetitive.
2017/03/16
Committee: ENVI
Amendment 246 #
Proposal for a regulation
Article 18 – paragraph 1
A CE marked fertilising productmaterial that has undergone a recovery operation and complies with the requirements laid down in this Regulation shall be considered to complybe a component material of a CE marked fertilising product that complies with the conditions laid down in Article 6(1) of Directive 2008/98/EC and shall, therefore, be considered asto havinge ceased to bebeing waste.
2017/03/16
Committee: ENVI
Amendment 259 #
Proposal for a regulation
Article 40 a (new)
Article 40 a Cadmium limit derogations By way of derogation from Article 4(1), a fertilising product that does not meet the requirements of PFC 1(C)(I)2(a)(2) may be CE- marked if it meets the conditions set out in Articles 40b(new) - 40d(new).
2017/03/16
Committee: ENVI
Amendment 260 #
Proposal for a regulation
Article 40 b (new)
Article 40 b Derogation for average cadmium limit A fertilising product that does not meet the requirements of PFC 1(C)(I)2(a)(2) may be CE- marked in case it: (a) meets the remaining requirements set out in Annex I for PFC 1(C)(I); (b) meets the requirements set out in Annex II for the relevant component material category or categories; (c) is labelled in accordance with the labelling requirements set out in Annex III; and (d) meets the requirements of Annex Va (new).
2017/03/16
Committee: ENVI
Amendment 261 #
Proposal for a regulation
Article 40 c (new)
Article 40 c Derogation for compliance plan 1. Under the conditions set out in this article, a Union producer of fertilising products ("applicant") may request a Member State to grant a temporary derogation, for a period of up to 10 years, from the requirements of Article 4(1), if the applicant is unable to meet the requirements of PFC 1(C)(I)2(a)(2) because of difficulties with procuring phosphate rock of sufficient quality, due to dependency on importation of phosphate rock. 2. Import dependency is deemed to exist when the applicant sources more than 70% of phosphate rock from outside of the Union or when phosphate rock is classified as a "critical raw material" under the Raw Material Initiative. 3. The request for a temporary derogation shall include: (a) information on the location, number, size and cadmium content of phosphate rock deposits that the applicant owns, controls, or has exclusive access to by way of exclusive mining, exploration licences, exclusive purchase relationship or by any other means; (b) information on the applicant's sourcing of phosphate rock for the last five years, identifying specific deposits from which phosphate rock has been purchased, including the average cadmium content in phosphate rock purchased from such deposits; (c) information on phosphate rock import dependency for the last 5 years, which shall compare the annual production needs of the applicant with the applicant's purchases of phosphate rock from outside of the Union and its explanation for its inability to source phosphate rock from within the Union; (d) the applicant's 10 year-plan to comply with the requirements of Article 4(1) (" Compliance Plan"), covering planned: (i) diversification of the sourcing of phosphate rock to countries and deposits with low cadmium; (ii) investment in recovery and reuse of phosphorus, which would decrease reliance on imported phosphate rock, and contribute to the circular economy of the Union; and (iii) investment in decadmiation technologies so that they can be introduced in the applicants regular production process. 4. The applicant shall identify all information in the request to be treated as confidential and shall also provide a public summary thereof. 5. The request shall be filed with the competent authority of a Member State where the producer is established. The Member State shall notify the Commission of the receipt of the request, transmitting the public summary of the request. The Commission shall then notify and transfer the request and the public summary to the Council. 6. The Member State shall issue the temporary derogation if it concludes that: (a) the applicant is dependent on imports of phosphate rock within the meaning of paragraph 2; (b) the applicant is not able to comply with the requirement of Article 4(1), due to the cadmium content of its phosphate rock deposits specified in paragraph 3(a), or – in view of import dependency – due to the structure of its historical phosphate rock purchases as specified in paragraph 3(b); and (c) the applicant submitted a credible plan that is likely to allow the applicant, at the expiry of the temporary exemption, to comply with the requirements specified in Article 4(1), upon its completion. 7. If the Member State decides to approve the request and issue the temporary derogation it shall communicate its decision to the Commission and the Council. 8. Once the Member State issues the temporary derogation, a fertilising product, produced by the applicant and placed on the market during its validity , shall be deemed to be in full compliance with PFC 1(C)(I)2(a)(2) for the purposes of Article 4(1) and may be CE-marked. 9. The applicant whose request for a temporary derogation has been approved shall, within 30 days from each anniversary of the date of the approval, submit to the competent authority an annual report, specifying: (a) the location, number, size and cadmium content of phosphate rock deposits that the applicant owned, controlled, or otherwise had exclusive access to by way of exclusive mining, exploration licences, exclusive purchase relationship or by any other means, in the Union and outside, during the past year; (b) the applicant's sourcing of phosphate rock during the past year, from within the Union and outside, identifying countries and specific deposits from which phosphate rock has been purchased, including the average cadmium content in such deposits; (c) the applicant's import dependency referred to in paragraph 3(c); (d) an update on the applicant's implementation of its Compliance Plan in the past year, including progress on : (i) diversification of sourcing of phosphate rock to countries and deposits with low cadmium that would allow the applicant to meet the requirements of Article 4(1); (ii) reduction of its import dependency; (iii) investment in, and introduction of recovery and reuse of phosphorus in the production of fertilising products; and (iv) investment in, and introduction of, decadmiation technologies in its regular production process. 10. The applicant shall indicate the information in its annual report to be treated as confidential and shall also provide a public summary thereof. 11. The Member State shall transfer the public summary of the Annual report to the Commission. The Commission shall then transfer the public summary to the Council. 12. The Member State may revoke the approval of the request and shall notify the Commission where the Member State concludes that the review of the applicant's Annual Reports does not show: (a) a steady and persistent decrease of cadmium content in purchased phosphate rock; (b) increasing diversification of sources for phosphate rock purchases towards low cadmium sources; (c) steady progress in research and implementation of phosphorus recovery and reuse technologies, leading towards increased use of recycled phosphorus in production of the fertilising products; and (d) steady progress in research and implementation of decadmiation technologies, leading towards reduced cadmium content of finished fertilising products; 13. Upon the expiry of the period for which the temporary exemption has been granted, the requirements of PFC 1(C)(I)2(a)(2) shall begin to apply in the context of Article 4(1), as if the Regulation came into force with respect to the applicant on the date on which the exemption has expired.
2017/03/16
Committee: ENVI
Amendment 262 #
Proposal for a regulation
Article 40 d (new)
Article 40 d Derogation for international trade dispute 1. Subject to paragraph 4, if a third country initiates dispute settlement proceedings against the Union under the Understanding on Rules and Procedures Governing the Settlement of Disputes ('DSU'), part of the Marrakesh Agreement establishing the World Trade Organization, or under any international trade agreement, questioning the legality, under international law, of the limit set out in Annex I for PFC 1(C)(I), the application of that limit, in the context of Article 4(1), shall be suspended for the duration of such proceeding. 2. For purposes of paragraph 1, and subject to paragraph 3, the suspension shall begin three months after the third country files a request for any consultation under the agreement concerned and shall continue until a final ruling is issued by the relevant dispute settlement body provided for by the agreement to adjudicate the dispute or, if no such body has been created by the agreement, by the WTO Dispute Settlement Body. Where no mutually acceptable solution is found within the timeframe prescribed by the agreement or, if no such timeframe is prescribed, within 6 months from the beginning of the suspension, the request for consultations must be followed by the launch of arbitration proceedings at the earliest possible date, if the agreement provides for arbitration and if not, recourse must be taken to the dispute settlement proceedings under the WTO. If no recourse is taken at the earliest possible date, to arbitration proceedings or the WTO DSU, respectively, then the suspension referred to in paragraph 1 shall be lifted. For purposes of this paragraph, arbitration proceedings consist of the phase of the proceeding that is normally concluded with a ruling of the relevant dispute settlement body adjudicating the merits of the dispute 3. When proceedings referred to in paragraph 1, are initiated, the Commission may propose to the Council to stop the suspension. In such case, the suspension referred to in paragraph 1 is delayed until the Council takes a decision, by qualified majority. If the Council approves the Commission proposal, within 3 months from the initiation of such dispute settlement proceedings, the suspension does not come into force. In all other cases, the suspension comes into force. 4. The Commission shall publish a notification in the Official Journal of the European Union, once the suspension becomes effective, stating the nature of the proceeding and informing of the suspension of the application of the relevant provisions. 5. The suspension shall remain in force until the dispute settlement proceedings are concluded by the final ruling of the relevant dispute settlement body. If the decision establishes that the Union violated its obligations under international law, the suspension referred to in paragraph 1 shall continue to be in force until compliance. If the decision establishes that the Union did not violate its obligations under international law, the suspension referred to in paragraph 1 shall be immediately revoked and the Commission shall publish a notification to this effect in the Official Journal of the European Union.
2017/03/16
Committee: ENVI
Amendment 263 #
Proposal for a regulation
Article 40 e (new)
Article 40 e Reports on security of raw material supplies and combating unfair trade practices 1. By ... [6 months after the date of entry into force of this Regulation], and annually thereafter, the Commission shall draw up a report, identifying: (a) the main countries exporting to the Union the main raw materials used for production of fertilising products, including natural gas, phosphate rock/apatite, phosphoric acid and potash; (b) the annual volume, value and average export price of such raw materials; (c) any involvement of state-owned or state-controlled, legally or through other means, enterprises in the export of such raw materials from such third countries; (d) the existence of any distortions, such as dual pricing, regulated domestic prices, export bans, export duties, restrictions on foreign ownership or investment in the raw material industry in such third countries, or monopolistic or oligopolistic structure of that industry; (e) the volume and value of such countries' exports of fertilising products to the Union. 2. The report shall also specify, by comparing data from previous years, whether any country restricts its exports of any of the raw materials used for production of fertilising products, including by limiting export quantities or imposing higher prices, and instead increases its exports of fertilising products produced from such raw materials, and if so, the report shall also determine the circumstances of such a shift in trade patterns, in particular whether it may be the result of actions of: (a) the government of the exporting country; (b) an exporting third country monopolistic or oligopolistic exporters; (c) any other governmental or quasi- governmental entity enjoying a dominant position in exporting raw materials from the exporting countries, or a group of such entities; or (d) vertically integrated producer of fertilising products that also controls a significant part of the exporting country's capacities in production or exportation of raw materials, or a group of such producers. 3. The Commission shall present the report to the European Parliament and the Council. 4. Where the report concludes that the circumstances described in paragraph 2 occur, and that the effect of such actions is, on one hand, a limited supply of raw materials to the EU, and, on the other, increased market share of the third countries' finished fertilising products, the Commission shall take appropriate action, including: (a) where the trade distortion causing the limited supply of raw material may be a violation of any international trade agreement, entering into consultations with the third country, and, if required, initiating a trade dispute to eliminate the violation; (b) initiating consultations, and, if warranted, a Community examination procedure pursuant to Regulation (EU) 2015/1843 of the European Parliament and of the Council1a in order to ensure the exercise of the Union's rights under international trade rules, in particular those established under the auspices of the World Trade Organization; (c) where a country in question benefits from autonomous tariff preferences, including under Regulation (EU) No 978/2012 of the European Parliament and of the Council1b , taking action to withdraw such preferences for the third country or fertilising products originating in such third country, including by taking any action under Article 3(2), 5(3), 6(2), 8(2)&(3), 10(5), 11(2), 19(3), 21(3) and 36 of Regulation (EU) No 978/2012; in circumstances described in this point, the substantive requirements for Commission delegated acts set out in Articles 3(2), 4, 6(2), 8(1), 10(5), 11(2), 19(1)(d) and 21(1) of Regulation (EU) No 978/2012 are deemed to have been met; (d) where the third country in question benefits from tariff preferences under a free trade agreement, considering imposing safeguard measures under that agreement, if conditions set out under the regulation implementing such safeguard are met or taking actions to withdraw concession and reimpose the regular WTO bound Common Customs Tariff on fertilising products originating in that third country, pursuant to procedures established by free trade agreement concerned; (e) where fertilising products originating in the third country do not benefit from any tariff preferences and are subject to regular WTO-bound Common Customs Tariff, considering withdrawing concessions under the General Agreement on Tariffs and Trade and other WTO agreements, in line with procedures set out in such agreements (f) adopting a delegated act to deny products originating in the third country the CE-marking; (g) any other action that it deems to be appropriate. 5. For purposes of this article, "oligopolistic" shall include situations where four or less entities or corporate groups control more than 80% of the third country's deposits, production or exports of a given raw material. __________________ 1a Regulation (EU) 2015/1843 of the European Parliament and of the Council of 6 October 2015 laying down Union procedures in the field of the common commercial policy (OJ L 272, 16.10.2015, p. 1). 1bRegulation (EU) No 978/2012 of the European Parliament and of the Council of 25 October 2012 applying a scheme of generalised tariff preferences (GSP Regulation) (OJ L 303, 31.10.2012, p. 1).
2017/03/16
Committee: ENVI
Amendment 264 #
Proposal for a regulation
Article 40 f (new)
Article 40 f Availability of Phosphate Rock 1. By...[6 months after the date of entry into force of this Regulation], and every five years thereafter, the Commission shall draw up a report, identifying: (a) the main countries with significant phosphate rock deposits, the projected size of such deposits; production of phosphate rock from such deposits; and the levels of contaminants regulated in Annex I, in particular cadmium and chromium; (b) ownership or control of such deposits, with an indication of whether any foreign investment or foreign ownership restrictions apply to such deposits and, if deposits are already exploited, the involvement of state-owned or state-controlled enterprises in their exploitation; (c) exports of phosphate rock from such countries, with an indication of volume and value of exports to the Union for the last 5 years; (d) where there are no or insignificant exports of phosphate rock from the third country, in general or to the Union, an indication of whether the third country applies any export restrictions and if not, a plausible explanation for that situation of the exports concerned; (e) known production of fertilising products in such countries. 2. Where the report identifies the existence of phosphate rock deposits and no exports or insignificant exports, in general or to the Union, of phosphate rock from the countries referred to in point (a) of paragraph 1, which may be the result of any export, foreign ownership or foreign investment restrictions imposed by the government of the third country concerned, or is the result of the practices of monopolist or oligopolistic exporters including entities with a dominant position; or any other governmental or quasi-governmental entity or a group of such entities; or of a vertically integrated producer of fertilising products that also controls a significant part of the exporting country's capacities in production or exportation of phosphate rock, or a group of such producers, the Commission shall enter into negotiations and use all tools at its disposal, including those mentioned in Article 40e (4) to make such deposits available for exports to the Union. 3. For purpose of this article, insignificance of exports may be determined in relation to the size of deposits or production from such deposits in the third country. Insignificance of exports to the Union may also be determined in relation to exports to other third countries.
2017/03/16
Committee: ENVI
Amendment 265 #
Proposal for a regulation
Chapter 5 a (new)
International trade aspects of trade in fertilisers and raw materials (Amendments 40a(new) - 40f(new) fall under Chapter 5a(new))
2017/03/16
Committee: ENVI
Amendment 272 #
Proposal for a regulation
Article 42 – paragraph 1 – introductory part
1. The Commission shall be empowered to adopt delegated acts in accordance with Article 43 to amend Annexes III to IV for the purposes of adapting them to technical progress and facilitating internal market access and free movement for CE marked fertilising products
2017/03/16
Committee: ENVI
Amendment 286 #
Proposal for a regulation
Article 42 – paragraph 1 a (new)
1a. The Commission shall amend Annex I only on the basis of one of the following grounds: (a) new scientific studies, reviewed by SCHER; (b) a comprehensive risk assessment; (c) further EFSA studies , covering all aspects of the food chain that identify clear link between contaminant in fertilising products and food safety.
2017/03/16
Committee: ENVI
Amendment 288 #
Proposal for a regulation
Article 42 – paragraph 2
2. Where the Commission amends Annex II in order to add newdeleted name of the micro- organisms to the component material category for such organisms pursuant to paragraph 1, it shall do so on the basis of the following data: (a) (b) taxonomic classific; information on residue levels of information ofn the micro-organism; (c) historical data of safe production and use of the micro-organism (d) taxonomic relation to micro- organism species fulfilling the requirements for a Qualified Presumption of Safety as established by the European Food Safety Agency; (e) toxins; (f) process; and (g) residual intermediates or microbial metabolites in the component material.production information on the identity of
2017/03/16
Committee: ENVI
Amendment 298 #
Proposal for a regulation
Article 42 – paragraph 3
3. When adopting delegated acts in accordance with paragraph 1, the Commission may amend the component material categories set out in Annex II in order to add animal by-products within the meaning of Regulation (EC) No 1069/2009 only where an end point in the manufacturing chain has been determined for such products in accordance with the procedures laid down in that Regulation.
2017/03/16
Committee: ENVI
Amendment 302 #
Proposal for a regulation
Article 42 – paragraph 4
4. The Commission shall also be empowered to adopt delegated acts in accordance with Article 43 to amend Annexes III 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.
2017/03/16
Committee: ENVI
Amendment 308 #
Proposal for a regulation
Article 43 – paragraph 2
2. The power to adopt delegated acts referred to in point (f) of Article 40e(4) and Article 42 shall be conferred on the Commission for five years from [Publications office, please insert the date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
2017/03/16
Committee: ENVI
Amendment 332 #
Proposal for a regulation
Article 49 – paragraph 2
It shall apply from 1 January 2018, except for provisions of Annex I for PFC1(C)(I)2(a), (b) and (d), which shall come in force only once phosphate rock is removed from the list of Critical Raw Materials.
2017/03/16
Committee: ENVI
Amendment 333 #
Proposal for a regulation
Article 49 – paragraph 2
It shall apply from 1 January 2018[Publications office, please insert the date occurring three years following the publication of this Regulation in the Official Journal of the European Union].
2017/03/16
Committee: ENVI
Amendment 338 #
Proposal for a regulation
Annex I – part 2 – PFC 1(A) – paragraph 1 – subparagraph 2
of solely biological origin, including peat, leonardite, lignite and other substances obtained from them, but excluding other materials which isare fossilized or embedded in geological formations.
2017/03/17
Committee: ENVI
Amendment 344 #
Proposal for a regulation
Annex I – part 2 – PFC 1(A) – paragraph 2 – indent 1
- Cadmium (Cd) 1,580 mg/kg dry matter,
2017/03/17
Committee: ENVI
Amendment 357 #
Proposal for a regulation
Annex I – part 2 – PFC 1(A) – paragraph 3 a (new)
3a. Clostridium botulinum shall be absent in a 10 g/10 ml sample of the CE marked fertilising product.
2017/03/17
Committee: ENVI
Amendment 359 #
Proposal for a regulation
Annex I – part 2 – PFC 1(A) – paragraph 4 a (new)
4a. Absence of resistant parasites eggs of Ascaris spp. and Toxocara spp. shall be demonstrated.
2017/03/17
Committee: ENVI
Amendment 377 #
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 1 – subparagraph 2
of solely biological origin, including peat, leonardite, lignite and other substances obtained from them, but excluding other materials which isare fossilized or embedded in geological formations.
2017/03/17
Committee: ENVI
Amendment 395 #
Proposal for a regulation
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]: 680 mg/kg phosphorus pentoxide (P2O5),
2017/03/17
Committee: ENVI
Amendment 402 #
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 2 – indent 2
- As of [Publications office, please insert the date occurring three years after the date of application of this Regulation]: 40 mg/kg phosphorus pentoxide (P2O5), andeleted
2017/03/17
Committee: ENVI
Amendment 416 #
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 2 – indent 3
- As of [Publications office, please insert the date occurring twelve years after the date of application of this Regulation]: 20 mg/kg phosphorus pentoxide (P2O5),deleted
2017/03/17
Committee: ENVI
Amendment 434 #
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 3 – point e a (new)
(ea) biuret (C2H5N3O2) 12 g/kg;
2017/03/17
Committee: ENVI
Amendment 440 #
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 4 a (new)
4a. Clostridium botulinum shall be absent in a 10 g/10 ml sample of the CE marked fertilising product.
2017/03/17
Committee: ENVI
Amendment 442 #
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 5 a (new)
5a. Absence of resistant parasites eggs of Ascaris spp. and Toxocara spp. shall be demonstrated.
2017/03/17
Committee: ENVI
Amendment 464 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 1
1. An minorganiceral macronutrient fertiliser shall be aimed at providing plants with one or more of the following macronutrients: (a) Primary: nitrogen (N), phosphorus (P), and potassium (K),. (b) Secondary: magnesium (Mg), calcium (Ca), sulphur (S) or sodium (Na). The declarable nitrogen content is given by the sum of ammoniacal N, nitric N, ureic N, N from urea formaldehyde, N from isobutylidene diurea, N from crotonylidene diurea. The declarable primary and secondary content is given by the P2O5, K2O, MgO, CaO, SO3, and Na2O form.
2017/03/17
Committee: ENVI
Amendment 480 #
Proposal for a regulation
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]: 680 mg/kg phosphorus pentoxide (P2O5),
2017/03/17
Committee: ENVI
Amendment 488 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 2 – indent 2
- As of [Publications office, please insert the date occurring three years after the date of application of this Regulation]: 40 mg/kg phosphorus pentoxide (P2O5), andeleted
2017/03/17
Committee: ENVI
Amendment 499 #
Proposal for a regulation
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 twelve years after the date of application of this Regulation]: 20 mg/kg phosphorus pentoxide (P2O5),deleted
2017/03/17
Committee: ENVI
Amendment 512 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point d
(d) Nickel (Ni) 1290 mg/kg dry matter,
2017/03/17
Committee: ENVI
Amendment 522 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 1
1. A straight solid minorganiceral macronutrient fertiliser shall have a declared content of not more than oneone primary nutrient.
2017/03/17
Committee: ENVI
Amendment 524 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 2 – introductory part
2. The CE marked fertilising product shall contain one of the following declared primary nutrients in the minimum quantity stated:
2017/03/17
Committee: ENVI
Amendment 526 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 2 – indent 3 a (new)
- and may contain one or more secondary nutrients in the minimum quantity stated:
2017/03/17
Committee: ENVI
Amendment 527 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 2 – indent 4
- 53% by mass of total magnesium oxide (MgO),
2017/03/17
Committee: ENVI
Amendment 528 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 2 – indent 5
- 128% by mass of total calcium oxide (CaO),
2017/03/17
Committee: ENVI
Amendment 531 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 1
1. A compound solid minorganiceral macronutrient fertiliser shall have a declared content of more than one primary nutrient.
2017/03/17
Committee: ENVI
Amendment 533 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2
2. The CE marked fertilising product shall contain more than one of the following declared primary nutrients in the minimum quantities stated:
2017/03/17
Committee: ENVI
Amendment 537 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2 – indent 3 a (new)
- and may contain one of or more secondary nutrients in the minimum quantity stated:
2017/03/17
Committee: ENVI
Amendment 546 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (b)(i) – paragraph 1
1. A straight liquid minorganiceral macronutrient fertiliser shall have a declared content of not more than one primary nutrient.
2017/03/17
Committee: ENVI
Amendment 548 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (b)(i) – paragraph 2 – introductory part
2. The CE marked fertilising product shall contain one of the following declared primary nutrients in the minimum quantity stated:
2017/03/17
Committee: ENVI
Amendment 551 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (b)(i) – paragraph 2 – indent 3 a (new)
- and may contain one or more secondary nutrients in the minimum quantity stated:
2017/03/17
Committee: ENVI
Amendment 555 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (b)(ii) – paragraph 1
1. A compound liquid minorganiceral macronutrient fertiliser shall have a declared content of more than one primary nutrient.
2017/03/17
Committee: ENVI
Amendment 557 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – introductory part
2. The CE marked fertilising product shall contain more than one of the following declared primary nutrients in the minimum quantities stated:
2017/03/17
Committee: ENVI
Amendment 560 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 1
- 1,53% by mass of total nitrogen (N),
2017/03/17
Committee: ENVI
Amendment 562 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 2
- 1,53% by mass of total phosphorus pentoxide (P2O5),
2017/03/17
Committee: ENVI
Amendment 564 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 3
- 1,54% by mass of total potassium oxide (K2O),
2017/03/17
Committee: ENVI
Amendment 566 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 3 a (new)
- and may contain of or more secondary nutrients in the minimum quantity stated:
2017/03/17
Committee: ENVI
Amendment 582 #
Proposal for a regulation
Annex I – part 2 – PFC 3 (A) – paragraph 1
1. An organic soil improver shall consist exclusively of material of solely biological origin, including peat, leonardite, lignite and substances obtained from them, but excluding other materials which is fossilized or embedded in geological formations.
2017/03/17
Committee: ENVI
Amendment 590 #
Proposal for a regulation
Annex I – part 2 – PFC 3(A) – paragraph 3 – point a a (new)
(aa) Clostridium botolinum shall be absent in a 10 g/10 ml sample of the CE marked fertilising product.
2017/03/17
Committee: ENVI
Amendment 591 #
Proposal for a regulation
Annex I – part 2 – PFC 3(A) – paragraph 3 – point b a (new)
(ba) Absence of resistant parasites eggs of Ascaris spp. and Toxocara spp. shall be demonstrated.
2017/03/17
Committee: ENVI
Amendment 609 #
Proposal for a regulation
Annex I – part 2 – PFC 4 – paragraph 3 a (new)
3a. Clostridium botulinum shall be absent in a 10 g/10 ml sample of the CE marked fertilising product.
2017/03/17
Committee: ENVI
Amendment 611 #
Proposal for a regulation
Annex I – part 2 – PFC 4 – paragraph 4 a (new)
4a. Absence of resistant parasites eggs of Ascaris spp. and Toxocara spp. shall be demonstrated.
2017/03/17
Committee: ENVI
Amendment 648 #
Proposal for a regulation
Annex I – part 2 – PFC 6 (A) – paragraph 12
12. When the microbial plant biostimulant consists of a suspension or a solution, where - a suspension means a two-phase dispersion in which solid particles are maintained in suspension in the liquid phase, and - free of solid particles, the plant biostimulant shall have a pH superior or equal to 4.deleted a solution means a liquid that is
2017/03/17
Committee: ENVI
Amendment 731 #
Proposal for a regulation
Annex II – part 2 – CMC 8 – paragraph 3
3. A CE marked fertilising product may contain a compliant nitrification inhibitor, as referred to in PFC 5(A)(I) of Annex I, only if at least 50% of the total nitrogen (N) content of the fertilising product consists of the nitrogen (N) forms ammonium (NH4+) and/or urea (CH4N2O).
2017/04/05
Committee: ENVI
Amendment 732 #
Proposal for a regulation
Annex II – part 2 – CMC 9 – paragraph 3
3. The polymers shall not contain a maximum of 600 ppm free formaldehyde.
2017/04/05
Committee: ENVI
Amendment 740 #
Proposal for a regulation
Annex II – part 2 – CMC 10 – paragraph 2 – introductory part
2. As of [Publications office, please insert the date occurring threfive years after the date of application of this Regulation], the following criterion shall berequirements shall apply: (a) a standard for the biodegradability by setting a timeframe in which at least 90% of the organic carbon is converted into CO2, after the claimed release time of the polymer has been fulfilled, and (b) a biodegradability test that complieds with the following criterion: Tthe polymer ishall be capable of undergoing physical, biological decomposition, such that most of it ultimately decomposes into carbon dioxide (CO2), biomass and water. It shall have at least 90 % of the organic carbon converted into CO2 in maximum 24 months, in a biodegradability test as specified points (a)-(c) below.
2017/04/05
Committee: ENVI
Amendment 746 #
Proposal for a regulation
Annex II – part 2 – CMC 10 – paragraph 2 – point a
(a) The test shall be conducted at 25°C ± 2°C.deleted
2017/04/05
Committee: ENVI
Amendment 751 #
Proposal for a regulation
Annex II – part 2 – CMC 10 – paragraph 2 – point b
(b) The test shall be conducted in accordance with a method for determining the ultimate aerobic biodegradability of plastic materials in soils by measuring oxygen demand or the amount of carbon dioxide evolved.deleted
2017/04/05
Committee: ENVI
Amendment 757 #
Proposal for a regulation
Annex II – part 2 – CMC 10 – paragraph 2 – point c
(c) A micro-crystalline cellulose powder with the same dimension as the test material shall be used as a reference material in the test.deleted
2017/04/05
Committee: ENVI
Amendment 762 #
Proposal for a regulation
Annex II – part 2 – CMC 10 – paragraph 2 – point d
(d) Prior to the test, the test material shall not be subject to conditions or procedures designed to accelerate the degradation of the film, such as exposure to heat or light.deleted
2017/04/05
Committee: ENVI
Amendment 781 #
Proposal for a regulation
Annex III – part 2 – PFC 1 – paragraph 2 – point b
(b) The nitrification inhibitor content shall be expressed as a percentage by mass of the total nitrogen (N) present as ammonium nitrogen (NH4+) and/or urea nitrogen (CH4N2O).
2017/04/05
Committee: ENVI
Amendment 785 #
Proposal for a regulation
Annex III – part 2 – PFC 1 (C)(I) – paragraph 1 – point a
(a) the declared nutrients nitrogen (N), phosphorus (P) or potassium (K), by their chemical symbols in the order N-P-K; . The declared nitrogen content is given by the sum of ammoniacal N, nitric N, ureic N, N from urea formaldehyde, N from isobutylidene diurea, and N from crotonylidene diurea. Phosphorus fertilisers must fulfil the following minimum solubility levels to be plant-available, otherwise they cannot be declared as phosphorus fertilisers: – water solubility: minimum level 40% of total P2O5, – minimum level 75% of total P2O5, solubility in neutral ammonium citrate, – solubility in formic acid (only for soft rock phosphate): minimum level 55% of total P2O5.
2017/04/05
Committee: ENVI
Amendment 819 #
Proposal for a regulation
Annex III – part 3 – PFC 1(B) – table
Permissible tolerance for the declared content of forms of inorganic macronutrient N P2O5 K2O MgO CaO SO3 Na2O ± 25% of the declared content of ± 25- 50% and +100% of the declared content of ± 25% of the declared the nutrient forms present up to a content of those nutrients up to a maximum content up to a maximum of 2 percentage point of 1,5 percentage points in maximum of -2 and +4 percentage maximum of 0,9 in absolute terms for each points in absolute terms. percentage points in nutrient separately and for the absolute terms absolute terms sum of nutrients The above tolerance values apply also for the N-forms and for the solubilities.
2017/04/05
Committee: ENVI
Amendment 823 #
Proposal for a regulation
Annex III – part 3 – PFC 1(C) (I) – table
Permissible tolerance for the declared content of forms of macronutrient N P2O5 K2O MgO CaO SO3 Na2O ± 25% of the declared content of ± 25-50% and +100% of the declared content of ± 25% of the declared the nutrient forms present up to a content of those nutrients up to a maximum content up to a maximum of 2 percentage point of 1,5maximum of -2 and +4 percentage points in maximum of 0,9 in absolute terms for each points in absolute terms. percentage points in nutrient separately and for the absolute terms absolute terms sum of nutrients The above tolerance values apply also for the N-forms and for the solubilities.
2017/04/05
Committee: ENVI
Amendment 827 #
Proposal for a regulation
Annex III – part 3 – PFC 1(C) (I) – paragraph 1
Granulometry: ± 120 % relative deviation applicable to the declared percentage of material passing a specific sieve
2017/04/05
Committee: ENVI
Amendment 830 #
Proposal for a regulation
Annex III – part 3 – PFC 1(C) (I) – paragraph 2
Quantity: ± 53 % relative deviation of the declared value
2017/04/05
Committee: ENVI
Amendment 833 #
Proposal for a regulation
Annex IV – part 2 – Module A – paragraph 2.2 – point b
(b) conceptual design and manufacturing drawings and schemes,deleted
2017/04/05
Committee: ENVI
Amendment 837 #
Proposal for a regulation
Annex IV – part 2 – Module A – paragraph 2.2 – point c
(c) descriptions and explanations necessary for the understanding of those drawings and schemes and the use of the CE marked fertilising product,deleted
2017/04/05
Committee: ENVI
Amendment 843 #
Proposal for a regulation
Annex IV – part 2 – Module A 1 – paragraph 4 – introductory part
The cycles and test referred to under Headings 4.1-4.3 below shall be carried out on a representative sample of the product at least every 36 months on behalf of the manufacturer, in order to verify conformity with
2017/04/05
Committee: ENVI
Amendment 853 #
Proposal for a regulation
Annex V a (new)
WTO Compatible Limit of Cadmium infertilisers Any producer of fertilising products that is able to prove - to the satisfaction of the competent authority - that the average Cd level in its CE marked fertilising product placed on the market is not higher than 80 mg/1 kg P205 will be deemed to satisfy – with respect to its fertilising products - the requirement of Article 4(1)(a) of the Regulation with respect to any of its EC- marked fertilising products as the limit of cadmium in, PFC 1(C)(I) 2(a) is concerned. For EU producers, the competent authority is the relevant authority in the Member State where it is established. For non-EU producers, the competent authority is the Commission.
2017/04/05
Committee: ENVI