118 Amendments of Marc TARABELLA related to 2016/0084(COD)
Amendment 49 #
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 fertilisingers and improving nutrition efficiency products (INEP) and amending Regulations (EC) No 1069/2009 and (EC) No 1107/2009 (Text with EEA relevance) ("fertiliser" should be removed throughout the text for those products intended to improve nutrition efficiency of plants.)
Amendment 80 #
Proposal for a regulation
Recital 15
Recital 15
(15) Certain substances, mixtures and micro-organisms, commonly referred to as plant biostimulants, aredo not as suchprovide nutrients as such, but nevertheless stimulate plants’ natural nutrition processes. Where such products aim solely at improving the plants’ nutrient use efficiency, tolerance to abiotic stress, or crop quality traits, they are by nature more similar to fertilising products than to most categories of plant protection products. They therefore act as a complement to fertilisers, with a view to optimising the efficiency of fertilisers and reducing the amounts used. In addition to boosting production capacity, these products are low-risk for humans and the environment, helping to support ecosystem services and make crops more resistant to the effects of climate change. Such products should therefore be eligible for CE marking under this Regulation and excluded from the scope of Regulation (EC) No 1107/2009 of the European Parliament and of the Council21. Regulation (EC) No 1107/2009 should therefore be amended accordingly. __________________ 21 Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1).
Amendment 83 #
Proposal for a regulation
Recital 16
Recital 16
(16) Products withplaced on the market which have an intended use for one or more functions, at least one of which is covered by the scope of Regulation (EC) No 1107/2009, shoulare plant protection products and remain under the control tailored for such products and provided for by that Regulation. Where such products also have the function of a fertilising product, it would be misleading to provide for their CE marking under this Regulation, since the making available on the market of a plant protection product is contingent on a product authorisation valid in the Member State in question. Therefore, such products should be excluded from the scope of this Regulation.
Amendment 93 #
Proposal for a regulation
Recital 1
Recital 1
(1) The conditions for making fertilisers available on the internal market have been partially harmonised through Regulation (EC) No 2003/2003 of the European Parliament and of the Council15 , which almost exclusively covers fertilisers from mined or chemically produced, inorganic materials. There is also a need to make use of recycled or organic materials for fertilising purposes. Harmonised conditions for making fertilisers made from such recycled or organic materials available on the entire internal market should be established in order to provide an important incentive for their further use. Promoting increased use of recycled nutrients would further aid in the development of the circular economy and allow a more resource-efficient general use of nutrients, while lowering EU dependency on nutrients from third countries. The scope of the harmonisation should therefore be extended in order to include recycled and organic materials. _________________ 15 Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers (OJ L 304, 21.11.2003, p. 1).
Amendment 95 #
Proposal for a regulation
Recital 1
Recital 1
(1) The conditions for making fertilisers available on the internal market have been partially harmonised through Regulation (EC) No 2003/2003 of the European Parliament and of the Council15 , which almost exclusively covers fertilisers from mined or chemically produced, minorganiceral materials. There is also a need to make use of recycled or organic materials for fertilising purposes. Harmonised conditions for making fertilisers made from such recycled or organic materials available on the entire internal market should be established in order to provide an important incentive for their further use. The scope of the harmonisation should therefore be extended in order to include recycled and organic materials. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) _________________ 15 Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers (OJ L 304, 21.11.2003, p. 1).
Amendment 97 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) To ensure effective use of animal manure and on-farm compost, farmers should use those products which follow the spirit of "responsible agriculture", favouring local distribution channels, good agronomic and environmental practice and in compliance with the EU environmental legislation, such as Nitrate Directive or Water Framework directive. The preferential use of fertilisers produced on-site and in neighbouring agricultural undertakings should be encouraged.
Amendment 109 #
Proposal for a regulation
Recital 9
Recital 9
(9) Products complying with all the requirements of this Regulation should be allowed to move freely on the internal market. Where one or more of the component materials in a CE marked fertilising product falls within the scope of Regulation (EC) No 1069/2009 of the European Parliament and of the Council18 , but reaches a point in the manufacturing chain beyond which it no longer poses any significant risk to public or animal health (the 'end point in the manufacturing chain'), it would represent an unnecessary administrative burden to continue subjecting the product to the provisions of that Regulation. Such fertilising products should therefore be excluded from the requirements of that Regulation. Regulation (EC) No 1069/2009 should therefore be amended accordingly. _________________ 18 Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) (OJ L 300, 14.11.2009, p. 1).
Amendment 113 #
Proposal for a regulation
Recital 13
Recital 13
(13) For certain recovered wastes, such as biochar and ash-based products within the meaning of Directive 2008/98/EC of the European Parliament and of the Council20 , a market demand for their use as fertilising products has been identified. Furthermore, certain requirements are necessary for the waste used as input in the recovery operation and for the treatment processes and techniques, as well as for fertilising products resulting from the recovery operation, in order to ensure that the use of those products does not lead to overall adverse environmental or human health impacts. For CE marked fertilising products, those requirements should be laid down in this Regulation. Therefore, as of the moment of compliance with all the requirements of this Regulation, such products should cease to be regarded as waste within the meaning of Directive 2008/98/EC. _________________ 20 Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
Amendment 119 #
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
This Regulation shall apply to CE marked fFertilising productsers and Improving Nutrition Efficiency Products (INEP).
Amendment 123 #
Proposal for a regulation
Recital 15
Recital 15
(15) Certain substances, mixtures and micro-organisms, commonly referred to as plant biostimulants, are not as such inputs of nutrients, but nevertheless stimulate plants' natural nutrition processes. Where such products aim solely at improving the plants' nutrient use efficiency, tolerance to abiotic stress, or crop quality traits, they are by nature more similar to fertilising products than to most categories of plant protection products. Therefore, they act in addition to fertilisers, with the aim of optimizing their efficiency and reducing the volumes of use. Such products should therefore be eligible for CE marking under this Regulation and excluded from the scope of Regulation (EC) No 1107/2009 of the European Parliament and of the Council21 . Regulation (EC) No 1107/2009 should therefore be amended accordingly. _________________ 21 Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1).
Amendment 125 #
Proposal for a regulation
Article 1 – paragraph 2 – point h a (new)
Article 1 – paragraph 2 – point h a (new)
(ha) Regulation (EC) No 834/2007
Amendment 126 #
Proposal for a regulation
Recital 16
Recital 16
(16) Products with one or more functions, one of which is covered by the scope of Regulation (EC) No 1107/2009, should remain under the control tailored for such products and provided for by that Regulation. Where such products also have the function or the action of a fertilising product, it would be misleading to provide for their CE marking under this Regulation, since the making available on the market of a plant protection product is contingent on a product authorisation valid in the Member State in question. Therefore, such products should be excluded from the scope of this Regulation.
Amendment 128 #
Proposal for a regulation
Recital 17
Recital 17
(17) This Regulation should not prevent the application of existing Union legislation relating to aspects of protection of health, safety and the environment not covered by this Regulation. This Regulation should therefore apply without prejudice to Council Directive 86/278/EEC22 , Council Directive 89/391/EEC23 , Regulation (EC) No 1907/2006 of the European Parliament and of the Council24 , Regulation (EC) No 1272/2008 of the European Parliament and of the Council25 , Commission Regulation (EC) No 1881/200626 , Council Directive 2000/29/EC27 , Regulation (EU) No 98/2013 of the European Parliament and of the Council28 , and Regulation (EU) No 1143/2014 of the European Parliament and of the Council29 .and Council Directive 91/676/EEC29a _________________ 22 Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture (OJ L 181, 4.7.1986, p. 6). 23 Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p. 1). 24 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (OJ L 396, 30.12.2006, p. 1). 25 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures (OJ L 353, 31.12.2008, p. 1). 26 Commission Regulation (EC) No 1881/2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs (OJ L 364, 20.12.2006, p. 5). 27 Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ L 169, 10.7.2000, p. 1). 28 Regulation (EU) No 98/2013 of the European Parliament and of the Council of 15 January 2013 on the marketing and use of explosives precursors (OJ L 39, 9.2.2013, p. 1). 29 Regulation (EU) No 1143/2014 of the European Parliament and of the Council of 22 October 2014 on the prevention and management of the introduction and spread of invasive alien species (OJ L 317, 4.11.2014, p. 35). 29a Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ L 375, 31.12.1991, p.1).
Amendment 131 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘fertilising product’ means a substance, or a mixture, micro-organism or any other material, applied or intended to be applied, either on its own or mixed with another material, on plants or their rhizosphere for the purpose of providing plants with nutrient or improving their nutrition efficiency of substances intended to provide nutrients to the plants;
Amendment 134 #
Proposal for a regulation
Recital 20
Recital 20
(20) A blendcombination of different CE marked fertilising products, each of which has been subject to a successful assessment of conformity with the applicable requirements for that material, can itself be expected to be suitable for use as a CE marked fertilising product, subject only to certain additional requirements warranted by the blendmixing. Therefore, in order to avoid an unnecessary administrative burden, such blendcombinations should belong to a separate category, for which the conformity assessment should be limited to the additional requirements warranted by the blendmixing.
Amendment 134 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1a) "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 147 #
Proposal for a regulation
Recital 47
Recital 47
(47) CE-marked fertilising products should be placed on the market only if they are sufficiently effective and do not present unacceptable risks to human, animal or plant health, to safety or to the environment when properly stored and used for their intended purpose, and under conditions of use which can be reasonably foreseen, that is when such use could result from lawful and readily predictable human behaviour. Therefore, requirements for safety and quality, as well as appropriate control mechanisms, should be established. Furthermore, the intended use of CE marked fertilising products should not lead to food or feed becoming unsafe.
Amendment 148 #
Proposal for a regulation
Recital 49
Recital 49
(49) The existing system should be supplemented by a procedure under which all interested parties, including health and consumers stakeholders, 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 should also allow market surveillance authorities, in cooperation with the relevant economic operators, to act at an early stage in respect of such fertilising products.
Amendment 150 #
Proposal for a regulation
Recital 55
Recital 55
(55) Promising technical progress is being made in the field of recycling of waste, such as phosphorus recycling from sewage sludge, andsuch as struvite, fertilising product production from animal by- products, such as biochar, and phosphorus recovery after incineration, such as ash- based products. It should be possible for products containing or consisting of such materials to access the internal market without unnecessary delay when the manufacturing processes have been scientifically analysed and process requirements have been established at Union level. For that purpose, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of defining larger or additional categories of CE marked fertilising products or component materials eligible for use in the production of such products. For animal by-products, component material categories should be expanded or added only to the extent an end point in the manufacturing chain has been determined in accordance with the procedures laid down in Regulation (EC) No 1069/2009, since animal by-products for which no such end point has been determined are in any event excluded from the scope of this Regulation.
Amendment 157 #
Proposal for a regulation
Article 1 – paragraph 2 – point b a (new)
Article 1 – paragraph 2 – point b a (new)
(ba) Directive 91/676/EEC
Amendment 159 #
Proposal for a regulation
Article 1 – paragraph 2 – point b b (new)
Article 1 – paragraph 2 – point b b (new)
(bb) Directive 2000/60/EC
Amendment 161 #
Proposal for a regulation
Article 1 – paragraph 2 – point c a (new)
Article 1 – paragraph 2 – point c a (new)
(ca) Regulation (EC) No 834/2007
Amendment 163 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
A waste-based CE marked fertilising product that has undergone a recovery operation and complies with the requirements laid down in this Regulation shall be considered to comply with the conditions laid down in Article 6(1) of Directive 2008/98/EC and shall, therefore, be considered as having ceased to be waste once the declaration of conformity has been drawn up.
Amendment 166 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘fertilising product’ means a substance, mixture, micro-organism or any other material, applied or intended to be applied, either on its own or mixed with another material, on plants or their rhizosphere or on fungi or their mycosphere for the purpose of providing plants or fungi with nutrient or improving their nutrition efficiency;
Amendment 178 #
Proposal for a regulation
Article 42 – paragraph 2 – point d
Article 42 – paragraph 2 – point d
(d) taxonomic relation to micro- organism species fulfilling the requirements for a Qualified Presumption of Safety as established by the European Food Safety Agency, or reference of declared conformity to the relevant harmonised standards on safety of micro- organisms used which have been published in the Official Journal of the European Union, or conformity with the requirements for the safety evaluation of new micro-organisms as adopted by the Commission if such harmonised standards are not in place;
Amendment 188 #
Proposal for a regulation
Article 46 – paragraph 1 – point 2
Article 46 – paragraph 1 – point 2
Regulation (EC) No 1107/2009
Article 3 – point 34 – introductory part
Article 3 – point 34 – introductory part
3) ‘34) “plant biostimulant” means a productny micro-organism or substance of natural origin stimulating plant nutrition processes independently of the product’s nutrient contentnutrients therein, with the sole aim of improving one or more of the following characteristics of the plant:
Amendment 191 #
Proposal for a regulation
Article 46 – paragraph 1 – point 2
Article 46 – paragraph 1 – point 2
Regulation (EC) No 1107/2009
Article 3 – point 34 – point b
Article 3 – point 34 – point b
(b) tolerance to abiotic and biotic stress;
Amendment 193 #
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 and market surveillance authorities informed of any such monitoring.
Amendment 193 #
Proposal for a regulation
Article 46 – paragraph 1 – point 2
Article 46 – paragraph 1 – point 2
Regulation (EC) No 1107/2009
Article 3 – point 34 – point c
Article 3 – point 34 – point c
(c) cropthe quality traits of crops and related ecosystem services.
Amendment 201 #
Proposal for a regulation
Article 6 – paragraph 8 – subparagraph 1
Article 6 – paragraph 8 – subparagraph 1
Manufacturers who consider or have reason to believe that a CE marked fertilising product which they have placed on the market is not in conformity with this Regulation shall immediately take the corrective measures necessary, including the repair of the damage caused by the use, to bring that fertilising product into conformity, to withdraw it or to recall it, if appropriate.
Amendment 204 #
Proposal for a regulation
Annex I – part 1 – point 1 – point C – introductory part
Annex I – part 1 – point 1 – point C – introductory part
C. Inorganic fertiliserMineral fertiliser (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 206 #
Proposal for a regulation
Annex I – part 1 – point 1 – point C – point I – introductory part
Annex I – part 1 – point 1 – point C – point I – introductory part
I. InorganicMineral macronutrient fertiliser (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 207 #
Proposal for a regulation
Annex I – part 1 – point 1 – point C – point I – point a – introductory part
Annex I – part 1 – point 1 – point C – point I – point a – introductory part
a) Solid minorganiceral macronutrient fertiliser (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 208 #
Proposal for a regulation
Annex I – part 1 – point 1 – point C – point I – point a – point i – introductory part
Annex I – part 1 – point 1 – point C – point I – point a – point i – introductory part
i) Straight solid minorganiceral macronutrient fertiliser (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 209 #
Proposal for a regulation
Annex I – part 1 – point 1 – point C – point I – point a – point i – point A
Annex I – part 1 – point 1 – point C – point I – point a – point i – point A
A) Straight solid minorganiceral macronutrient ammonium nitrate fertiliser of high nitrogen content (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 210 #
Proposal for a regulation
Annex I – part 1 – point 1 – point C – point I – point a – point ii – introductory part
Annex I – part 1 – point 1 – point C – point I – point a – point ii – introductory part
ii) Compound solid minorganiceral macronutrient fertiliser (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 211 #
Proposal for a regulation
Annex I – part 1 – point 1 – point C – point I – point a – point ii – point A
Annex I – part 1 – point 1 – point C – point I – point a – point ii – point A
A) Compound solid minorganiceral macronutrient ammonium nitrate fertiliser of high nitrogen content (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 212 #
Proposal for a regulation
Annex I – part 1 – point 1 – point C – point I – point b – introductory part
Annex I – part 1 – point 1 – point C – point I – point b – introductory part
b) Liquid minorganiceral macronutrient fertiliser (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 213 #
Proposal for a regulation
Annex I – part 1 – point 1 – point C – point I – point b – point i
Annex I – part 1 – point 1 – point C – point I – point b – point i
i) Straight liquid minorganiceral macronutrient fertiliser (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 214 #
Proposal for a regulation
Annex I – part 1 – point 1 – point C – point I – point b – point ii
Annex I – part 1 – point 1 – point C – point I – point b – point ii
ii) Compound liquid minorganiceral macronutrient fertiliser (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 215 #
Proposal for a regulation
Annex I – part 1 – point 1 – point C – point II – introductory part
Annex I – part 1 – point 1 – point C – point II – introductory part
II. InorganicMineral micronutrient fertiliser (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 216 #
Proposal for a regulation
Annex I – part 1 – point 1 – point C – point II – point a
Annex I – part 1 – point 1 – point C – point II – point a
a) Straight minorganiceral micronutrient fertiliser (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 217 #
Proposal for a regulation
Annex I – part 1 – point 1 – point C – point II – point b
Annex I – part 1 – point 1 – point C – point II – point b
b) Compound minorganiceral micronutrient fertiliser (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 226 #
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 230 #
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 a risk to human, or an unacceptable risk 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 240 #
Proposal for a regulation
Annex I – part 2 – PFC 1(B)(I) – point 2 – indent 2
Annex I – part 2 – PFC 1(B)(I) – point 2 – indent 2
- 2 % by mass of total pPhosphorus pentoxide (P2O5) soluble in neutral ammonium citrate and water, or
Amendment 243 #
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 a risk to human, or an unacceptable risk 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 250 #
Proposal for a regulation
Annex I – part 2 – subheading 8 – PFC 1(C)
Annex I – part 2 – subheading 8 – PFC 1(C)
PFC 1(C): InorganicMineral fertiliser
Amendment 257 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C) – paragraph 1 a (new)
Annex I – part 2 – PFC 1(C) – paragraph 1 a (new)
Phosphorus fertilisers have to fulfil at least one of the following minimum solubility levels to be plant-available, otherwise they cannot be declared as phosphorus fertiliser: – Water solubility: minimum level 40% of total P, or – Solubility in neutral ammonium citrate: minimum level 75% of total P, or – Solubility in formic acid (only for soft rock phosphate): minimum level 55% of total P.
Amendment 258 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C) - paragraph 1 a (new)
Annex I – part 2 – PFC 1(C) - paragraph 1 a (new)
Phosphorus fertilisers have to fulfil at least one of the following minimum solubility levels to be plant-available, otherwise they cannot be declared as phosphorus fertiliser: – Water solubility: minimum level 40% of total P, or – Solubility in neutral ammonium citrate: minimum level 75% of total P, or – Solubility in formic acid (only for soft rock phosphate): minimum level 55% of total P.
Amendment 259 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
A CE marked fertiliszing product based on waste that has undergone a recovery operation and complies with the requirements laid down in this Regulation shall be considered to comply with the conditions laid down in Article 6(1) of Directive 2008/98/EC and shall, therefore, be considered as having ceased to be waste, once the declaration of conformity has been elaborated.
Amendment 260 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. The notifying Member Stateauthorities shall provide the Commission, on request, with all information relating to the basis for the notification or the maintenance of the competence of the notified body concerned.
Amendment 261 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C) - paragraph 1 b (new)
Annex I – part 2 – PFC 1(C) - paragraph 1 b (new)
The total declarable nitrogen content is given by the sum of ammoniacal N, nitric N, ureic N, N from methylene-urea, N from isobutylidene diurea, N from crotonylidene diurea. The declarable phosphorus content is given by the phosphatic P form. New forms can be added after a scientific examination in accordance with Article 42 (1).
Amendment 263 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – point 1 a (new)
Annex I – part 2 – PFC 1(C)(I) – point 1 a (new)
1a. The total declared nitrogen content is given by the sum of ammoniacal N, nitric N, ureic N, N from methylene-urea, N from isobutylidene diurea, N from crotonylidene diurea and N from cyanamide.
Amendment 265 #
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 a risk to human, and an unacceptable risk to human,for 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 275 #
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 a risk to human, an unacceptable risk 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 that risk, to withdraw the fertilising product from the market or to recall it.
Amendment 275 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I)(a)(i) – point 2 – indent 2
Annex I – part 2 – PFC 1(C)(I)(a)(i) – point 2 – indent 2
- 12% by mass of total phosphorus pentoxide (P2O5) soluble in neutral ammonium citrate and water,
Amendment 277 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I)(a)(ii) – point 2 – indent 2
Annex I – part 2 – PFC 1(C)(I)(a)(ii) – point 2 – indent 2
- 3% by mass of total phosphorus pentoxide (P2O5) soluble in neutral ammonium citrate and water,
Amendment 286 #
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 287 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I)(b)(i) – point 2 – indent 2
Annex I – part 2 – PFC 1(C)(I)(b)(i) – point 2 – indent 2
- 5% by mass of total phosphorus pentoxide (P2O5) soluble in neutral ammonium citrate and water,
Amendment 293 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I)(b)(ii) – point 2 – indent 2
Annex I – part 2 – PFC 1(C)(I)(b)(ii) – point 2 – indent 2
- 1,5% by mass of total phosphorus pentoxide (P2O5) soluble in neutral ammonium citrate and water,
Amendment 299 #
Proposal for a regulation
Article 42 – paragraph 2 – point a
Article 42 – paragraph 2 – point a
(a) name of the micro-organism by strain level;
Amendment 301 #
Proposal for a regulation
Annex I – part 2 – PFC 2 – point 1
Annex I – part 2 – PFC 2 – point 1
1. A liming material shall be a CE marked fertilising product aimed at correcting soil acidity, and containing oxides, hydroxides, carbonates or silicates of the nutrients calcium (Ca) or magnesium (Mg).
Amendment 303 #
Proposal for a regulation
Annex I – part 2 – PFC 3 – paragraph 1
Annex I – part 2 – PFC 3 – paragraph 1
A soil improver shall be a CE marked fertilising product aimed at being added to the soil for the purpose of maintaining, improving or protecting the physical or chemical properties, the structure or the biological activity of soil.
Amendment 307 #
Proposal for a regulation
Annex I – part 2 – PFC 3(A) – point 2 – introductory part
Annex I – part 2 – PFC 3(A) – point 2 – introductory part
2. Contaminants must not be present in the CE marked fertilising productorganic soil improver by more than the following quantities:
Amendment 311 #
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 314 #
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 the event that new relevant scientific information becomes available as regards the toxicity and carcinogenicity of relevant contaminants or with regard to any new technological progress and innovation in the field of production and use of fertilising products.
Amendment 319 #
Proposal for a regulation
Article 46 – paragraph 1 – point 2
Article 46 – paragraph 1 – point 2
Regulation (EC) 1107/2009
Article 3 – point 34
Article 3 – point 34
(3) "34. "plant biostimulant" means a productny microorganism or naturally occurring substance stimulating plant nutrition processes independently of the product's nutrient content, or any combination of such substances and/or microorganisms, with the sole aim of improving one or more of the following characteristics of the plant:
Amendment 322 #
Proposal for a regulation
Article 46 – paragraph 1 – point 2
Article 46 – paragraph 1 – point 2
Regulation (EC) 1107/2009
Article 3 – point 34 – point b
Article 3 – point 34 – point b
(b) tolerance to abiotic or biotic stress;
Amendment 323 #
Proposal for a regulation
Article 46 – paragraph 1 – point 2
Article 46 – paragraph 1 – point 2
Regulation (EC) 1107/2009
Article 3 – point 34 – point c
Article 3 – point 34 – point c
(c) crop quality traits and ecosystem services related.
Amendment 327 #
Proposal for a regulation
Article 46 – paragraph 1 – point 2 (new)
Article 46 – paragraph 1 – point 2 (new)
Regulation (EC) 1107/2009
Article 3 – point 34 – point c a (new)
Article 3 – point 34 – point c a (new)
(ca) degradation of organic compounds in the soil
Amendment 334 #
Proposal for a regulation
Annex I – part 2 – PFC 6 (A) – point 2 – introductory part
Annex I – part 2 – PFC 6 (A) – point 2 – introductory part
Amendment 335 #
Proposal for a regulation
Annex I – part 2 – PFC 6(B)(II) – point 2 – introductory part
Annex I – part 2 – PFC 6(B)(II) – point 2 – introductory part
2. Contaminants must not be present in the CE marked fertilisming product by more than the following quantities:
Amendment 341 #
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
It shall apply from 1 January 2018.[one year after the date of entry into force of this regulation]
Amendment 345 #
Proposal for a regulation
Annex I – part II – PFC1 (A) – point 1 – paragraph 1 – indent 1
Annex I – part II – PFC1 (A) – point 1 – paragraph 1 – indent 1
– organic carbon (Corg) and
Amendment 361 #
Proposal for a regulation
Annex II – part 2 – CMC 3 – point 1 – point b
Annex II – part 2 – CMC 3 – point 1 – point b
(b) AProducts derived from animal by- products of categories 2 and 3 according to Regulation (EC) No 1069/2009; referred to in Article 32 of Regulation (EC) No 1069/2009 for which the end point in the manufacturing chain has been reached in accordance with the third paragraph of Article 5, sub-paragraph 2 of that Regulation;
Amendment 364 #
Proposal for a regulation
Annex II – part 2 – CMC 3 – point 1 – point c – indent 2
Annex II – part 2 – CMC 3 – point 1 – point c – indent 2
– sewage sludge, industrial sludge (except food waste not fit for consumption, feed and plantations used for agrofuels) or dredging sludge, and
Amendment 376 #
Proposal for a regulation
Annex I – part II – PFC 1 (C) – paragraph 1 a (new)
Annex I – part II – PFC 1 (C) – paragraph 1 a (new)
Phosphorus fertilisers have to fulfil at least one of the following minimum solubility levels to be plant-available, otherwise they cannot be declared as phosphorus fertiliser: – Water solubility: minimum level 40% of total P, or – Solubility in neutral ammonium citrate: minimum level 75% of total P, or – Solubility in formic acid (only for soft rock phosphate): minimum level 55% of total P.
Amendment 377 #
Proposal for a regulation
Annex I – part II – PFC 1 (C) – paragraph 1 b (new)
Annex I – part II – PFC 1 (C) – paragraph 1 b (new)
The total declarable nitrogen content is given by the sum of ammoniacal N, nitric N, ureic N, N from methylene-urea, N from isobutylidene diurea, N from crotonylidene diurea. The declarable phosphorus content is given by the phosphatic P form. New forms can be added after a scientific examination in accordance with article 42.
Amendment 378 #
Proposal for a regulation
Annex I – part II – PFC 1 (C) – paragraph 1 c (new)
Annex I – part II – PFC 1 (C) – paragraph 1 c (new)
Organic carbon (Corg) in the CE marked fertilising product shall not exceed 1% by mass. This excludes by convention carbon coming from coatings, agronomic additives and technical agents.
Amendment 388 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a) (i) – point 2 – indent 7
Annex I – part 2 – PFC 1 (C) (I) (a) (i) – point 2 – indent 7
– 1the quantity of between 1% and 10% by mass of total sodium oxide (Na2O).
Amendment 416 #
Proposal for a regulation
Annex II – part 2 – CMC 10 – point 1 – point b a (new)
Annex II – part 2 – CMC 10 – point 1 – point b a (new)
or (ba) improving the soil as a biodegradable mulch film, complying with the requirements of points 2a and 3 of CMC10.
Amendment 446 #
Proposal for a regulation
Annex III – part 1 – point 2 – point e
Annex III – part 1 – point 2 – point e
(e) A description of all product components above 5% by product weight in descending order of magnitude by dry weight, including an indication of the relevant component material categories ('‘CMC'’) as referred to in Annex II.
Amendment 447 #
Proposal for a regulation
Annex III – part 1 – point 2 – point e a (new)
Annex III – part 1 – point 2 – point e a (new)
(ea) The heavy metal content of the CE marked fertilising product calculated as the average of the 3 last analyses performed according to the requirements of the present regulation.
Amendment 454 #
Proposal for a regulation
Annex I – part II – PFC 1 (C) (II) – point 1
Annex I – part II – PFC 1 (C) (II) – point 1
1. An inorganic micronutrient fertiliser shall be an inorganic fertiliser other than a macronutrient fertiliser aimed at providing one or more of the following nutrients: boron (B), cobalt (Co), copper (Cu), iron (Fe), manganese (Mn), molybdenum (Mo), selenium (Se), silicon (Si) or zinc (Zn).
Amendment 455 #
Proposal for a regulation
Annex I – part II – PFC 2 – point 1
Annex I – part II – PFC 2 – point 1
1. A liming material shall be a CE marked fertilising product aimed at correcting soil acidity, and containing oxides, hydroxides, carbonates or/and silicates of the nutrients calcium (Ca) or magnesium (Mg).
Amendment 456 #
Proposal for a regulation
Annex III – part 2 – PFC 1(A) – paragraph 1 – point c
Annex III – part 2 – PFC 1(A) – paragraph 1 – point c
(c) numbers indicating the totalaverage content of the declared nutrients nitrogen (N), phosphorus (P) or potassium (K), followed by numbers in brackets indicating the total content of magnesium (Mg), calcium (Ca), sulphur (S) or sodium (Na),
Amendment 460 #
Proposal for a regulation
Annex I – part II – PFC 4 – point 1
Annex I – part II – PFC 4 – point 1
1. A growing medium shall be a material other than soil intended for use as a substrate for root development situ for the plants or fungi to grow in.
Amendment 461 #
Proposal for a regulation
Annex III – part 2 – PFC 1(B) – point 1 – point d – indent 6
Annex III – part 2 – PFC 1(B) – point 1 – point d – indent 6
– Total pPhosphorus pentoxide (P2O5); soluble in neutral ammonium citrate and water:
Amendment 462 #
Proposal for a regulation
Annex I – part II – PFC 6 – point 1 – introductory part
Annex I – part II – PFC 6 – point 1 – introductory part
1. A plant biostimulant shall be a CE marked fertilising product containing any naturally occurring substances or microorganisms stimulating plant nutrition processes independently of the product's nutrient content or any combination of such substances and/or microorganisms, with the sole aim of improving one or more of the following characteristics of the plant:
Amendment 462 #
Proposal for a regulation
Annex III – part 2 – PFC 1(B) – point 1 – point d – indent 9
Annex III – part 2 – PFC 1(B) – point 1 – point d – indent 9
– where soft ground phosphate is present, pPhosphorus pentoxide (P2O5) only soluble in formicmineral acids;
Amendment 464 #
Proposal for a regulation
Annex I – part II – PFC 6 – point 1 - point b
Annex I – part II – PFC 6 – point 1 - point b
(b) tolerance to biotic or abiotic stress, or
Amendment 466 #
Proposal for a regulation
Annex III – part 2 – PFC 1(C)(I) – point 1 – point d – indent 7
Annex III – part 2 – PFC 1(C)(I) – point 1 – point d – indent 7
– Total pPhosphorus pentoxide (P2O5); soluble in neutral ammonium citrate and water:
Amendment 467 #
Proposal for a regulation
Annex I – part II – PFC 6 – point 1 – point c a (new)
Annex I – part II – PFC 6 – point 1 – point c a (new)
(ca) degradation of organic compounds in the soil.
Amendment 467 #
Proposal for a regulation
Annex III – part 2 – PFC 1(C)(I) – point 1 – point d – indent 10
Annex III – part 2 – PFC 1(C)(I) – point 1 – point d – indent 10
– where soft ground phosphate is present, pPhosphorus pentoxide (P2O5) only soluble in formicmineral acids;
Amendment 472 #
Proposal for a regulation
Annex II – part II – CMC 1 – point 1
Annex II – part II – CMC 1 – point 1
1. A CE marked fertilising product may contain substances and mixtures, including technical additives, other than39 __________________ 39 The exclusion of a material from CMC 1 does not prevent it from being an eligible component material by virtue of another CMC stipulating different requirements. See, for instance, CMC 11 on animal by- products, CMCs 9 and 10 on polymers, and CMC 8 on agronomic additives.
Amendment 475 #
Proposal for a regulation
Annex II – part II – CMC 2 – point 1
Annex II – part II – CMC 2 – point 1
1. A CE marked fertilising product may contain plants, plant parts or plant extracts having undergone no other processing than cutting, grinding, physical, mechanical or biochemical processing that may include further concentrifugation, pressing, drying, freeze- drying or extraction with waterurification and/ or blending, provided that the chemical nature of its components is not intentionally altered by chemical and/or microbial processes.
Amendment 484 #
Proposal for a regulation
Annex II – part II – CMC 3 – point 1 – point c – indent 2
Annex II – part II – CMC 3 – point 1 – point c – indent 2
– sewage sludge, industrial sludge (apart for non-consumable food residues, fodder and plantations linked to agrofuels) or dredging sludge, and
Amendment 492 #
Proposal for a regulation
Annex III – part 2 – PFC 6 – point f a (new)
Annex III – part 2 – PFC 6 – point f a (new)
(fa) indication that the product is not a plant protection product;
Amendment 497 #
Proposal for a regulation
Annex II – part II – CMC 9 – point 3
Annex II – part II – CMC 9 – point 3
3. The polymers shall not contain a maximum of 600 ppm free formaldehyde.
Amendment 497 #
Proposal for a regulation
Annex III – part 3 – PFC 1(C)(I) – table 1
Annex III – part 3 – PFC 1(C)(I) – table 1
PFC 1(C)(I): Inorganic macronutrient fertiliser Permissible tolerance for the declared forms of macronutrient N P2O5 K2O MgO CaO SO3 Na2O ± 25% of the declared ± 25-50% and +100% of the declared content of those ± 25% of the content of the nutrient those nutrients up to a maximum of 1.5 percentage2 and +4 declared content up forms present up to a percentage points in absolute terms. to a maximum of maximum of 2 0.9 percentage percentage point in points in absolute absolute terms for each terms nutrient separately and for the sum of nutrients The above tolerance values apply also for the N-forms and for the solubilities Granulometry: ± 120 % relative deviation applicable to the declared percentage of material passing a specific sieve Quantity: ± 53 % relative deviation of the declared value
Amendment 509 #
Proposal for a regulation
Annex III – part 1 – point 2 – point c
Annex III – part 1 – point 2 – point c
(c) Instructions for intended use, including intended application rate and, storage, timing, intended target plants or fungi and if appropriate, application method to prevent unwanted emissions;
Amendment 512 #
Proposal for a regulation
Annex III – part 1 – point 2 – point e
Annex III – part 1 – point 2 – point e
(e) A description of all components above 5% by product weight in descending order of magnitude by dry weight, including an indication of the relevant component material categories ('CMC') as referred to in Annex II.
Amendment 513 #
Proposal for a regulation
Annex III – part 1 – point 2 – point e a (new)
Annex III – part 1 – point 2 – point e a (new)
(ea) The heavy metal content of the EU fertilising product calculated as the average of the 3 last analyses performed according to the requirements of the present regulation.
Amendment 515 #
Proposal for a regulation
Annex III – part 1 – point 8 a (new)
Annex III – part 1 – point 8 a (new)
8a. Where the CE marked fertilising product is allowed to be used in organic agriculture according to Regulation (EC) 834/2007, it shall be specified on the label as "allowed in organic farming with regard to (EC) No 834/2007." CE fertiliser products not suitable for organic agriculture with regard to Regulation (EC) 834/2007, that have a commercial name recalling terms referred to in Article 23 of Regulation (EC) No 834/2007 that may mislead the final user about its use in organic agriculture shall specify on the label as "not allowed in organic farming with regard to Regulation (EC) No 834/2007."
Amendment 518 #
Proposal for a regulation
Annex III – part 2 – PFC1 (A) – paragraph 1 – point b
Annex III – part 2 – PFC1 (A) – paragraph 1 – point b
(b) the declared nutrients calcium (Ca), magnesium (Mg), calcsodium (CNa), or sulphur (S) or sodium (Na), by their chemical symbols in the order Mg-Ca-S-Na; Ca- Mg - Na - S; (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 520 #
Proposal for a regulation
Annex III – part 2 – PFC1 (A) - paragraph 1 – point c
Annex III – part 2 – PFC1 (A) - paragraph 1 – point c
(c) numbers indicating the totalaverage content of the declared nutrients nitrogen (N), phosphorus (P) or potassium (K), followed by numbers in brackets indicating the total content of magnesium (Mg), calcium (Ca), sulphur (S) or sodium (Na),
Amendment 529 #
Proposal for a regulation
Annex III – part 2 – PFC1 (B) – point 2 a (new)
Annex III – part 2 – PFC1 (B) – point 2 a (new)
Amendment 532 #
Proposal for a regulation
Annex III – part 2 – PFC1 (C) (I) – point 1 – point d – indent 2 – sub-indent 3
Annex III – part 2 – PFC1 (C) (I) – point 1 – point d – indent 2 – sub-indent 3
– where soft ground phosphate is present, pPhosphorus pentoxide (P2O5) only soluble in formicmineral acid;
Amendment 534 #
Proposal for a regulation
Annex III – part 2 – PFC1 (C) (I) – point 1 – point d – indent 4 – sub-indent 1 a (new)
Annex III – part 2 – PFC1 (C) (I) – point 1 – point d – indent 4 – sub-indent 1 a (new)
– form such as powder or pellets
Amendment 535 #
Proposal for a regulation
Annex III – part 2 – PFC1 (C) (I) – point 1 – point d a (new)
Annex III – part 2 – PFC1 (C) (I) – point 1 – point d a (new)
– raw material used for production and approximate percentage of ingredients
Amendment 540 #
Proposal for a regulation
Annex III – part 2 – PFC 1(C)(I) – point 1 a (new)
Annex III – part 2 – PFC 1(C)(I) – point 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 542 #
Proposal for a regulation
Annex III – part 2 – PFC 1 (C) (I) – point 1 b (new)
Annex III – part 2 – PFC 1 (C) (I) – point 1 b (new)
1b. The total declared nitrogen content is given by the sum of ammoniacal N, nitric N, ureic N, N from methylene-urea, N from isobutylidene diurea, N from crotonylidene diurea and N from cyanamide.
Amendment 543 #
Proposal for a regulation
Annex III – part 2 – PFC1 (C) (I) – point 1 c (new)
Annex III – part 2 – PFC1 (C) (I) – point 1 c (new)
1c. 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 547 #
Proposal for a regulation
Annex III – part 2 – PFC 1(C) (II) – point 1
Annex III – part 2 – PFC 1(C) (II) – point 1
1. The declared micronutrients in the CE marked fertilising product shall be listed by their names and chemical symbols in the following order: boron (B), cobalt (Co), copper (Cu), iron (Fe), manganese (Mn), molybdenum (Mo), selenium (Se), silicon (Si) and zinc (Zn), followed by the name(s) of their counter- ion(s),
Amendment 551 #
Proposal for a regulation
Annex III – part 2 – PFC 6 - paragraph 1 – point g a (new)
Annex III – part 2 – PFC 6 - paragraph 1 – point g a (new)
(ga) Indication that the product is not a plant protection product
Amendment 562 #
Proposal for a regulation
Annex III – part 3 – PFC 1(C)(I)
Annex III – part 3 – PFC 1(C)(I)
Permissible tolerance for the declared content of forms of inorganic macronutrient N P2O5 K2O MgO CaO SO3 Na2O ± 25% of the declared content ± 25% of the declared-50% and +100% of the ± 25% of the of the nutrient forms present declared content of those nutrients up declared content up up to a maximum of 2 nutrients up to a maximum of 1,5 to a maximum of percentage point in absolute -2 and +4 percentage points in absolute 0,.9 percentage terms terms. for each nutrient in absolute terms. points in absolute separately and for the sum of termsterms nutrients The above tolerance values apply also for the N-forms and for the solubilities. Granulometry: ± 120 % relative deviation applicable to the declared percentage of material passing a specific sieve Quantity: ± 53 % relative deviation of the declared value
Amendment 565 #
Proposal for a regulation
Annex III – part 3 – PFC1 (C) (I) – paragraph 2
Annex III – part 3 – PFC1 (C) (I) – paragraph 2
Quantity: ± 53 % relative deviation of the declared value