33 Amendments of Frédérique RIES related to 2016/0084(COD)
Amendment 16 #
Proposal for a regulation
Recital 61 a (new)
Recital 61 a (new)
(61a) The European neighbourhood countries should be given funding to introduce cadmium removal processes, in particular through the Horizon 2020 research programme and EIB external funding projects;
Amendment 18 #
Proposal for a regulation
Article 40 a (new)
Article 40 a (new)
Article 40a Annual follow-up reports The Commission shall draw up annual follow-up reports on the development of cadmium removal processes in the European neighbourhood countries and on the trends in phosphate imports from those countries;
Amendment 145 #
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 products and amending Regulations (EC) No 1069/2009 and, (EC) No 1107/2009, (EC) No 1907/2006 and Directive 91/676/EEC (Text with EEA relevance)
Amendment 147 #
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 contribute to the circular economy and allow a more resource efficient overall 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 149 #
Proposal for a regulation
Recital 8
Recital 8
(8) Contaminants in CE marked fertilising products, such as cadmium, can potentially pose a risk to human and animal health and the environment as they accumulate in the environment and enter the food chain. Their content should therefore be limited in such productsCadmium content in cereals, vegetables, meat, fish and fisheries products, and food supplements, is strictly controlled in the EU through the maximum levels thereof laid down in Regulation (EU) No 488/2014. The content of heavy metals, such as cadmium, in phosphate fertilisers should therefore be limited by establishing harmonised limit values that take account of thresholds already in place in some Member States, and decadmiation techniques that are viable on an industrial scale. Furthermore, impurities in CE marked fertilising products derived from bio-waste, in particular polymers but also metal and glass, should be either prevented or limited to the extent technically feasible by detection of such impurities in separately collected bio-waste before processing.
Amendment 168 #
Proposal for a regulation
Recital 13
Recital 13
(13) For certain recovered wastes 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. In order to take advantage of the technical developments and to further incentivise innovation in the recovery of valuable waste streams the relevant component material categories should be added or expanded in order to include more recovered waste eligible for use in the production of CE marked fertilising products such as struvite, biochar and ash-based products. The proper assessment and setting of processing requirements should start immediately after the entry into force of this Regulation. The Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union. __________________ 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 171 #
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 nutrients, but nevertheless stimulate plants' nutrition processes. Where such products aim solely at improving the plants' nutrient use efficiency, tolerance to abiotic stress, or crop quality traits, degradation of soil organic compounds, or increasing the availability of confined nutrients in soil and rhizosphere, they are by nature more similar to fertilising products than to most categories of plant protection products. 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 176 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) In order to take advantage of technical developments, enhance the innovative potential concerning the development and discovery of new microbial plant biostimulant products and give greater certainty for producers, the relevant component material categories should be added or expanded in order to include more micro-organisms. Accordingly, harmonised methods for the safety evaluation of new micro-organisms have to be clearly defined. The preparatory work for defining these safety evaluation methods should start immediately after the entry into force of this Regulation. The power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to define, without any unnecessary delay, the requirements which producers have to comply with to demonstrate the safety of new micro- organisms in order to be use in the production of CE marked fertilising products.
Amendment 183 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) It is important to ensure regulatory clarity for companies and businesses seeking to use digestates under this Regulation and to further foster the circular economy. Current implementation practices provides that digestates are not subject to registration pursuant to Regulation (EC) No 1907/2006, however this is not entirely clear from the wording of Annex V to that Regulation. Therefore that Annex should be amended in order to address this.
Amendment 198 #
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, andin particular struvite, fertilising product production from animal by-products, such as biochar and phosphorus recovery after incineration, in particular ash-based products, and considering that such products are already authorised in several Member States under national legislation. 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. The first of those delegated acts should, in particular, add struvite, biochar and ash-based products to the categories of component materials and should be adopted as soon as possible after the entry into force of this Regulation. 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 202 #
Proposal for a regulation
Recital 56
Recital 56
(56) Furthermore, it should be possible to react immediately to new findings regarding the conditions for CE marked fertilising products to be sufficiently effective and to new risk assessments regarding human, animal or plant health, safety or the environment, taking in to account assessments made by or in cooperation with authorities in the Member States. For that purpose, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend the requirements applicable to various categories of CE marked fertilising products.
Amendment 214 #
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 243 #
Proposal for a regulation
Article 18
Article 18
A 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.rticle 18 deleted End-of-waste status
Amendment 266 #
Proposal for a regulation
Article 42 – paragraph 1 – introductory part
Article 42 – paragraph 1 – introductory part
1. The Commission shall be empowered to adopt delegated acts in accordance with Article 43 to amend Annexes I to IV for the purposes of adapting them to technical progress, in particular as regards the production of fertilisers from animal by-products and waste recovery materials taking in to account products and materials already authorised in Member States, and facilitating internal market access and free movement for CE marked fertilising products
Amendment 276 #
Proposal for a regulation
Article 42 – paragraph 1 – point a
Article 42 – paragraph 1 – point a
(a) which are likelyhave potential to be subject of significant trade on the internal market, and
Amendment 284 #
Proposal for a regulation
Article 42 – paragraph 1 a (new)
Article 42 – paragraph 1 a (new)
1a. The Commission shall come forward with a proposal for delegated acts, in accordance with the first subparagraph to amend the component material category set out in Annex II, to add animal by-products, struvite ash- based products and biochar to those component material categories, with specific focus on the technological progress which is being made in the recovery of nutrients. The first of those delegated acts shall be submitted no later than one year after the entry into force of this Regulation.
Amendment 315 #
Proposal for a regulation
Article 46 – paragraph 1 – point 2 a (new)
Article 46 – paragraph 1 – point 2 a (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 322 #
Proposal for a regulation
Article 46 a (new)
Article 46 a (new)
Regulation (EC) No 1907/2006
Annex V – point 12
Annex V – point 12
Article 46a Amendment to Regulation (EC) No 1907/2006 Point 12 in Annex V is replaced by the following: "12. Compost, biogas and digestate"
Amendment 326 #
Proposal for a regulation
Article 48 – paragraph 1 a (new)
Article 48 – paragraph 1 a (new)
Member States who already implemented a lower limit for cadmium for organo- mineral fertilisers and inorganic fertilisers, set out in Annex I, Part II, may maintain this stricter limit until the limit in this Regulation is equal or lower.
Amendment 362 #
Proposal for a regulation
Annex I – part 2 – PFC 1(A) (I) – paragraph 1 a (new)
Annex I – part 2 – PFC 1(A) (I) – paragraph 1 a (new)
1a. The CE marked fertilising product shall contain at least one of the following declared nutrients: nitrogen (N), phosphorus pentoxide (P2O5) or potassium oxide (K2O).
Amendment 371 #
Proposal for a regulation
Annex I – part 2 – PFC 1(A) (II) – paragraph 1 a (new)
Annex I – part 2 – PFC 1(A) (II) – paragraph 1 a (new)
1a. The CE marked fertilising product shall contain at least one of the following declared nutrients: nitrogen (N), phosphorus pentoxide (P2O5) or potassium oxide (K2O).
Amendment 411 #
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
- As of [Publications office, please insert the date occurring threesix years after the date of application of this Regulation]: 40 mg/kg phosphorus pentoxide (P2O5), and
Amendment 414 #
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 431 #
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 3 – point b a (new)
Annex I – part 2 – PFC 1(B) – paragraph 3 – point b a (new)
(b a) Total chromium (Cr) 100 mg/kg dry matter
Amendment 494 #
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
- As of [Publications office, please insert the date occurring threesix years after the date of application of this Regulation]: 40 mg/kg phosphorus pentoxide (P2O5), and
Amendment 497 #
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 511 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point b a (new)
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point b a (new)
(ba) Total chromium (Cr) 100 mg/kg dry matter
Amendment 571 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(II) – paragraph 1
Annex I – part 2 – PFC 1 (C)(II) – paragraph 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 631 #
Proposal for a regulation
Annex I – part 2 – PFC 6 – paragraph 1 – point c a (new)
Annex I – part 2 – PFC 6 – paragraph 1 – point c a (new)
(ca) degradation of organic compounds in the soil; or
Amendment 651 #
Proposal for a regulation
Annex I – part 2 – PFC 6 (A) – paragraph 13
Annex I – part 2 – PFC 6 (A) – paragraph 13
Amendment 766 #
Proposal for a regulation
Annex II – part 2 – CMC 10 – paragraph 3 a (new)
Annex II – part 2 – CMC 10 – paragraph 3 a (new)
3a. Polymers that are solely used as binding material in a CE marked fertilising product and that are not in contact with the soil shall be exempted from the requirements set out in paragraphs 1, 2 and 3.
Amendment 773 #
Proposal for a regulation
Annex III – part 1 – paragraph 2 – point e a (new)
Annex III – part 1 – paragraph 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 817 #
Proposal for a regulation
Annex III – part 2 – PFC 6 (A) – subparagraph 1 a (new)
Annex III – part 2 – PFC 6 (A) – subparagraph 1 a (new)
The shelf life of the microbial plant biostimulant shall be specified on the label.