52 Amendments of Ramón Luis VALCÁRCEL SISO related to 2016/0084(COD)
Amendment 50 #
Proposal for a regulation
Title 1
Title 1
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 productszers and Improving Nutrition Efficiency Products (INEP) and amending Regulations (EC) No 1069/2009 and (EC) No 1107/2009 (Text with EEA relevance) (This amendment from "Fertilising products" to "fertilisers and improving nutrition efficiency products (INEP)" applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 53 #
Proposal for a regulation
Recital 1
Recital 1
(1) The conditions for making fertilisers availableRegulation must foster the goals onf 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. The scope of the harmonisation should therefore be extended in order to include recycled and organic materials. __________________ 15Regulation (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).circular economy, provided it ensures at the same time that farmers have a secure supply of highly efficient fertilisers. The European Commission must present the European Parliament and the Council with a report taking stock of the application of this Regulation five years after its entry into force. __________________ deleted
Amendment 66 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Securing reliable and unhindered access to raw materials is crucial to the European Union’s 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. The European Commission added phosphate rock to this list in 2014. The Regulation must take this into account when taking measures entailing restrictions on use of these materials.
Amendment 67 #
Proposal for a regulation
Recital 8 b (new)
Recital 8 b (new)
(8b) The contaminant limits set out in the Regulation should not disqualify or give preference to certain sources of raw materials. The market and trade effects of such limits should be monitored therefore to safeguard the stable and affordable access to raw materials, ensuring effective competition and competitiveness of the EU fertiliser industry.
Amendment 73 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Manufactures of Fertilizers and Improving Nutrition Efficiency Products (INEP) should prove their efficiency before placing them in the market in order to guarantee a high level of quality to consumers.
Amendment 130 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Amendment 133 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1a) "Fertiliser" means a substance or a mixture of substances intended to provide nutrients to the plants;
Amendment 135 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
(1b) "Improving Nutrition Efficiency Product (INEP)" means a substance or a mixture of substances, micro-organism or any other material to be applied on plants or their rhizosphere for the purpose of improving their nutrition efficiency;
Amendment 136 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 c (new)
Article 2 – paragraph 1 – point 1 c (new)
(1c) "Primary nutrient" means the elements nitrogen, phosphorus, and potassium only;
Amendment 137 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 d (new)
Article 2 – paragraph 1 – point 1 d (new)
(1d) "Secondary nutrient" means the elements calcium, magnesium, sodium and sulphur;
Amendment 139 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘'mixture’' means a mixture within the meaning of Article 3(2) of Regulation (EC) No 1907/2006or solution composed of two or more substances;
Amendment 143 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. The Commission shall simultaneously with the publication of this Regulation in the Official Journal of the European Union publish a guidance document giving clarity and examples to manufacturers and market surveillance authorities about how the label should look like. This guidance document shall also specify the kind of relevant information as referred to in Annex III PART 1 paragraph 2d).
Amendment 145 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Manufacturers shall keep the technical documentation and the EU declaration of conformity for 105 years after the CE marked fertilising product covered by those documents has been placed on the market.
Amendment 147 #
Proposal for a regulation
Article 6 – paragraph 10 – subparagraph 1 – point a
Article 6 – paragraph 10 – subparagraph 1 – point a
(a) straight or compound solid minorganiceral macronutrient ammonium nitrate fertilisers of high nitrogen content, as specified in product function category 1(C)(I)(a)(i- ii)(A) in Annex I; (This amendment from “inorganic” to “mineral fertilisers” applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 148 #
Proposal for a regulation
Article 6 – paragraph 10 – subparagraph 1 – point b
Article 6 – paragraph 10 – subparagraph 1 – point b
(b) fertilising product blendcombination of product function categories, as specified in product function category 7 in Annex I, containing a fertiliser referred to in point (a). (This amendment from “fertilising product blends” to “combination of product function categories” applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 151 #
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) keep the EU declaration of conformity and the technical documentation at the disposal of national market surveillance authorities for 105 years after the CE marked fertilising product covered by those documents has been placed on the market;
Amendment 157 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The economic operators shall be able to present the information referred to in the first paragraph for 105 years after they have been supplied with the CE marked fertilising product and for 105 years after they have supplied the CE marked fertilising product.
Amendment 160 #
Proposal for a regulation
Article 18 – paragraph 1
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 as having ceased to be wasteto have ceased being waste. This component material may fall under the scope of this Regulation if it demonstrates an agronomic efficacy and if it meets the requirements laid down in the Annexes to this Regulation.
Amendment 201 #
Proposal for a regulation
Article 48 a (new)
Article 48 a (new)
Article 48a Reporting The Commission shall present the European Parliament and the Council with a report taking stock of the application of this Regulation five years after it has entered into force. The report shall include an assessment of the levels of contaminants as set out in Annex I, and their impact on human and animal health and on the environment in terms of reduction of cadmium accumulation levels. The report shall also analyse technological progress and innovation in the field of production and use of fertilising products, and all the possible alternatives to fulfil the objective of reducing cadmium accumulation, including technologies for its elimination, their viability and their impact and costs across the value chain, as well as the waste management of cadmium. The report shall also consider the Regulation’s impact on the fertiliser market, including an analysis of costs and of supply levels and security. The report may be accompanied, if necessary, by appropriate legislative proposals.
Amendment 202 #
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
It shall apply from 1 January 2018, with the exception of the provisions in Annex I on cadmium, which shall only come into force once phosphate rock has been removed from the list of critical raw materials.
Amendment 223 #
Proposal for a regulation
Annex I – part 2 – PFC 1(A) – point 2 – indent 1
Annex I – part 2 – PFC 1(A) – point 2 – indent 1
- Cadmium (Cd) 1,5(1) Where the product has phosphorus (P) content: 75 mg/kg P2O5; (2) Where the product does not have phosphorus (P) content: 3 mg/kg dry matter,.
Amendment 227 #
Proposal for a regulation
Annex I – part 2 – PFC 1(A)(II) – point 2 – introductory part
Annex I – part 2 – PFC 1(A)(II) – point 2 – introductory part
2. The CE marked fertilising product shall contain at least one of the following declared primary nutrients in the minimum quantities stated:
Amendment 231 #
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – point 3 – point a – point 1
Annex I – part 2 – PFC 1(B) – point 3 – point a – point 1
(1) Where the CE marked fertilising product has a total phosphorus (P) content of less than 5 % phosphorus pentoxide (P2O5)-equivalent by massproduct does not have phosphorus (P) content: 3 mg/kg dry matter, or
Amendment 232 #
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – point 3 – point a – point 2 – introductory part
Annex I – part 2 – PFC 1(B) – point 3 – point a – point 2 – introductory part
(2) Where the CE marked fertilising product has a total phosphorus (P) content of 5 % phosphorus pentoxide (P2O5)- equivalent or more by mass ('phosphate fertiliser'):: 75 mg/kg P2O5.
Amendment 233 #
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – point 3 – point a – point 2 – indent 1
Annex I – part 2 – PFC 1(B) – point 3 – point a – point 2 – indent 1
Amendment 235 #
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – point 3 – point a – point 2 – indent 2
Annex I – part 2 – PFC 1(B) – point 3 – point a – point 2 – indent 2
Amendment 237 #
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – point 3 – point a – point 2 – indent 3
Annex I – part 2 – PFC 1(B) – point 3 – point a – point 2 – indent 3
Amendment 255 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C) - paragraph 1
Annex I – part 2 – PFC 1(C) - paragraph 1
An inorganic mineral fertiliser shall be a fertiliser other than an organic or organo-mineral fertilisercontaining nutrients in a mineral form or processed into a mineral form. Urea and its condensation and association products shall be considered to contain nutrients in a mineral form.
Amendment 264 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – point 2 – point a – point 1
Annex I – part 2 – PFC 1(C)(I) – point 2 – point a – point 1
(1) Where the CE marked fertilising product has a total phosphorus (P) content of less than 5 % phosphorus pentoxide (P2O5)-equivalent by massproduct does not have phosphorus (P) content: 3 mg/kg dry matter, or
Amendment 265 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – point 2 – point a – point 2 – introductory part
Annex I – part 2 – PFC 1(C)(I) – point 2 – point a – point 2 – introductory part
(2) Where the CE marked fertilising product has a total phosphorus (P) content of 5 % phosphorus pentoxide (P2O5)- equivalent or more by mass ('phosphate fertiliser'):: 75 mg/kg P2O5
Amendment 266 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – point 2 – point a – point 2 – indent 1
Annex I – part 2 – PFC 1(C)(I) – point 2 – point a – point 2 – indent 1
Amendment 268 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – point 2 – point a – point 2 – indent 2
Annex I – part 2 – PFC 1(C)(I) – point 2 – point a – point 2 – indent 2
Amendment 271 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – point 2 – point a – point 2 – indent 3
Annex I – part 2 – PFC 1(C)(I) – point 2 – point a – point 2 – indent 3
Amendment 274 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I)(a)(i) – point 1
Annex I – part 2 – PFC 1(C)(I)(a)(i) – point 1
1. A straight solid inorganic macronutrient fertiliser shall have a declared content of not more than one nutrientprimary or secondary nutrient. Straight solid mineral primary nutrients can have also secondary nutrients.
Amendment 285 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I)(b)(i) – point 1
Annex I – part 2 – PFC 1(C)(I)(b)(i) – point 1
1. A straight liquid inorganic macronutrient fertiliser shall have a declared content of not more than one nutrientprimary or secondary nutrient. Straight liquid mineral primary nutrients can have also secondary nutrients.
Amendment 291 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I)(b)(ii) – point 1
Annex I – part 2 – PFC 1(C)(I)(b)(ii) – point 1
1. A compound liquid inorganic macronutrient fertiliser shall have a declared content of more than one primary nutrient.
Amendment 482 #
Proposal for a regulation
Annex III – part 2 – PFC 3 – indent 3
Annex III – part 2 – PFC 3 – indent 3
Amendment 483 #
Proposal for a regulation
Annex III – part 2 – PFC 3 – indent 4
Annex III – part 2 – PFC 3 – indent 4
Amendment 484 #
Proposal for a regulation
Annex III – part 2 – PFC 3 – indent 5
Annex III – part 2 – PFC 3 – indent 5
Amendment 493 #
Proposal for a regulation
Annex III – part 3 – PFC 1(A) – table 1
Annex III – part 3 – PFC 1(A) – table 1
Amendment 494 #
Proposal for a regulation
Annex III – part 3 – PFC 1(B) – table 1 – row 3 – column 1
Annex III – part 3 – PFC 1(B) – table 1 – row 3 – column 1
± 25% of the declared content of the nutrient forms present up to a maximum of 2 percentage point in absolute terms P2O5 tolerances refer to phosphorus pentoxide (P2O5) soluble in neutral ammonium citrate and water.
Amendment 495 #
Proposal for a regulation
Annex III – part 3 – PFC 1(B) – paragraph 1
Annex III – part 3 – PFC 1(B) – paragraph 1
Organic carbon: 2015% relative deviation of the declared value up to a maximum of 2,0 percentage point in absolute terms
Amendment 496 #
Proposal for a regulation
Annex III – part 3 – PFC 1(B) – paragraph 2
Annex III – part 3 – PFC 1(B) – paragraph 2
Organic nitrogen: 150% relative deviation of the declared value up to a maximum of 1,0 percentage point in absolute terms
Amendment 498 #
Proposal for a regulation
Annex III – part 3 – PFC 1(C)(I) – table 1 – row 3 – column 1
Annex III – part 3 – PFC 1(C)(I) – table 1 – row 3 – column 1
± 25% of the declared content of the nutrient forms present up to a maximum of 2 percentage point in absolute terms P2O5 tolerances refer to phosphorus pentoxide (P2O5) soluble in neutral ammonium citrate and water.
Amendment 499 #
Proposal for a regulation
Annex III – part 3 – PFC 1(C)(I) – paragraph 1
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
Amendment 508 #
Proposal for a regulation
Annex IV – part 2 – module A – point 4.2
Annex IV – part 2 – module A – point 4.2
4.2. The manufacturer shall draw up a written EU declaration of conformity for each CE marked fertilising product lot and keep it together with the technical documentation at the disposal of the national authorities for 105 years after the CE marked fertilising product has been placed on the market. The EU declaration of conformity shall identify the CE marked fertilising product for which it has been drawn up.
Amendment 509 #
Proposal for a regulation
Annex IV – part 2 – module B – point 3.2 – point c – indent 6
Annex IV – part 2 – module B – point 3.2 – point c – indent 6
– test reports, including studies on agronomic efficiency, and
Amendment 510 #
Proposal for a regulation
Annex IV – part 2 – module B – point 9
Annex IV – part 2 – module B – point 9
9. The manufacturer shall keep a copy of the EU-type examination certificate, its annexes and additions together with the technical documentation at the disposal of the national authorities for 105 years after the CE marked fertilising product has been placed on the market.
Amendment 511 #
Proposal for a regulation
Annex IV – part 2 – module C – point 3.2
Annex IV – part 2 – module C – point 3.2
3.2 The manufacturer shall draw up a written EU declaration of conformity for a CE marked fertilising product lot and keep it at the disposal of the national authorities for 105 years after the CE marked fertilising product has been placed on the market. The EU declaration of conformity shall identify the CE marked fertilising product lot for which it has been drawn up.
Amendment 513 #
Proposal for a regulation
Annex IV – part 2 – module D1 – point 3
Annex IV – part 2 – module D1 – point 3
3. The manufacturer shall keep the technical documentation at the disposal of the relevant national authorities for 105 years after the CE marked fertilising product has been placed on the market.
Amendment 514 #
Proposal for a regulation
Annex IV – part 2 – module D1 – point 7 – point 7.2.1
Annex IV – part 2 – module D1 – point 7 – point 7.2.1
7.2.1 The manufacturer shall draw up a written EU declaration of conformity for each CE marked fertilising product lot and keep it at the disposal of the national authorities for 105 years after the CE marked fertilising product has been placed on the market. The EU declaration of conformity shall identify the product lot for which it has been drawn up.
Amendment 515 #
Proposal for a regulation
Annex IV – part 2 – module D1 – point 8 – introductory part
Annex IV – part 2 – module D1 – point 8 – introductory part
8. The manufacturer shall, for a period ending at least 105 years after the product has been placed on the market, keep at the disposal of the national authorities: