Activities of James NICHOLSON related to 2016/0084(COD)
Plenary speeches (1)
CE marked fertilising products (debate)
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 (36)
Amendment 184 #
Proposal for a regulation
Recital 27
Recital 27
(27) An economic operator who, with appropriate authorisation and/or licensing, either places a CE marked fertilising product on the market under his or her own name or trade mark or modifies a CE marked fertilising product in such a way that compliance with the provisions of this Regulation may be affected should be considered to be the manufacturer and should assume the obligations of the manufacturer.
Amendment 241 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
An importer or distributor shall be considered a manufacturer for the purposes of this Regulation, and shall be subject to the obligations of the manufacturer under Article 6, where he or she places a CE marked fertilising product on the market under his or her name or trademark or modifies a CE marked fertilising product already placed on the market in such a way that compliance with this Regulation may be affected, without prejudice to any restrictions that may exist in law or contract to any such application of names or trademarks or modification of a product by an economic actor other than the manufacturer.
Amendment 246 #
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 asto havinge ceased to bebeing waste.
Amendment 254 #
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. NWithout prejudice to existing EU rules on data protection and confidentiality of business information and the protection of tests and studies submitted for Conformity Assessment, notified bodies shall provide the other bodies notified under this Regulation carrying out similar conformity assessment activities covering the same CE marked fertilising products with relevant information on issues relating to negative and, on request, positive conformity assessment results.
Amendment 272 #
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 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
Amendment 288 #
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
Amendment 298 #
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
Amendment 302 #
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 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.
Amendment 333 #
Proposal for a regulation
Article 49 – paragraph 2
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].
Amendment 338 #
Proposal for a regulation
Annex I – part 2 – PFC 1(A) – paragraph 1 – subparagraph 2
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.
Amendment 377 #
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 1 – subparagraph 2
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.
Amendment 395 #
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]: 680 mg/kg phosphorus pentoxide (P2O5),
Amendment 402 #
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 416 #
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
Amendment 480 #
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]: 680 mg/kg phosphorus pentoxide (P2O5),
Amendment 488 #
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 499 #
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
Amendment 512 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point d
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point d
(d) Nickel (Ni) 1290 mg/kg dry matter,
Amendment 731 #
Proposal for a regulation
Annex II – part 2 – CMC 8 – paragraph 3
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).
Amendment 732 #
Proposal for a regulation
Annex II – part 2 – CMC 9 – paragraph 3
Annex II – part 2 – CMC 9 – paragraph 3
3. The polymers shall not contain a maximum of 600 ppm free formaldehyde.
Amendment 740 #
Proposal for a regulation
Annex II – part 2 – CMC 10 – paragraph 2 – introductory part
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.
Amendment 746 #
Proposal for a regulation
Annex II – part 2 – CMC 10 – paragraph 2 – point a
Annex II – part 2 – CMC 10 – paragraph 2 – point a
Amendment 751 #
Proposal for a regulation
Annex II – part 2 – CMC 10 – paragraph 2 – point b
Annex II – part 2 – CMC 10 – paragraph 2 – point b
Amendment 757 #
Proposal for a regulation
Annex II – part 2 – CMC 10 – paragraph 2 – point c
Annex II – part 2 – CMC 10 – paragraph 2 – point c
Amendment 762 #
Proposal for a regulation
Annex II – part 2 – CMC 10 – paragraph 2 – point d
Annex II – part 2 – CMC 10 – paragraph 2 – point d
Amendment 781 #
Proposal for a regulation
Annex III – part 2 – PFC 1 – paragraph 2 – point b
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).
Amendment 787 #
Proposal for a regulation
Annex III – part 2 – PFC 1 (C)(I) – paragraph 1 – point a
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, N from crotonylidene diurea and N from cyanamide. 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 25% of total P, – solubility in neutral ammonium citrate: minimum level 50% of total P, – solubility in formic acid (only for soft rock phosphate): minimum level 35% of total P.
Amendment 819 #
Proposal for a regulation
Annex III – part 3 – PFC 1(B) – table
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.
Amendment 823 #
Proposal for a regulation
Annex III – part 3 – PFC 1(C) (I) – table
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.
Amendment 827 #
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 830 #
Proposal for a regulation
Annex III – part 3 – PFC 1(C) (I) – paragraph 2
Annex III – part 3 – PFC 1(C) (I) – paragraph 2
Quantity: ± 53 % relative deviation of the declared value
Amendment 833 #
Proposal for a regulation
Annex IV – part 2 – Module A – paragraph 2.2 – point b
Annex IV – part 2 – Module A – paragraph 2.2 – point b
Amendment 837 #
Proposal for a regulation
Annex IV – part 2 – Module A – paragraph 2.2 – point c
Annex IV – part 2 – Module A – paragraph 2.2 – point c
Amendment 843 #
Proposal for a regulation
Annex IV – part 2 – Module A 1 – paragraph 4 – introductory part
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
Amendment 845 #
Proposal for a regulation
Annex IV – part 2 – Module B – paragraph 3.2a (new)
Annex IV – part 2 – Module B – paragraph 3.2a (new)
Amendment 846 #
Proposal for a regulation
Annex IV – part 2 – Module B – paragraph 4 – point a – point 1 a (new)
Annex IV – part 2 – Module B – paragraph 4 – point a – point 1 a (new)
(1a) verify data ownership for the test reports, supporting evidence and other data mentioned in para (3.2)(e) of this module and whether the same report has already benefitted from data protection for another fertilising product. A common list of study reports, data ownership and any data protection granted should be established for this purpose and be available to all notified bodies.