38 Amendments of Martin HÄUSLING related to 2016/0084(COD)
Amendment 152 #
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 products. 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 161 #
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 174 #
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 and biotic stress, or crop quality traits, 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 177 #
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 91/676/EEC22a , Council Directive 2000/60/EC 22b , 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 Regulation (EC) No 834/2007 29a . __________________ 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). 22aCouncil 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. 0001 - 0008) 22bDirective 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327 , 22/12/2000 P. 0001 - 0073) 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). 29aCouncil Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products (OJ L 189/1, 20.7.2007)
Amendment 207 #
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 208 #
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 210 #
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 224 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. Member States may maintain national rules that were in force before [date of entry into force of this Regulation] concerning restrictions on the content of cadmium in fertilising products at levels below those set out in Part II of Annex I down to the lowest level set out therein before that lowest level has become applicable. Such existing national measures shall be reported to the Commission by [six months after the date of entry into force of this Regulation] and may remain in force until the date when lower levels set out in Annex I, Part II apply. From [date of entry into force of this Regulation] until [xxx1a years after the date of application of this Regulation] Member States may adopt national rules that implement the lower limits for cadmium as set out in Part II of Annex I, where justified, in particular, on grounds such as the protection of public health or the environment. Member States shall notify such measures to the Commission in accordance with Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services. __________________ 1aInsert date that will finally be agreed for the lowest level. (The approach of allowing Member States to maintain national restrictions, or to adopt new ones ahead of the date of application of the Union restriction has been taken in Regulation (EU) No 259/2012 of 14 March 2012 amending Regulation (EC) No 648/2004 as regards the use of phosphates and other phosphorus compounds in laundry detergents and consumer automatic dishwasher detergents.)
Amendment 226 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 (new)
Article 5 – paragraph 1 – subparagraph 1 (new)
As of [Publications Office, please insert date 10 years after date of application], only fertilising products that comply with the provisions on contaminants in Annex I, Part II may be made available on the market.
Amendment 229 #
Proposal for a regulation
Article 6 – paragraph 8 – subparagraph 2
Article 6 – paragraph 8 – subparagraph 2
Furthermore, where manufacturers consider or have reason to believe that CE marked fertilising products which they have placed on the market present an unacceptable risk to human, health, or an unacceptable risk to 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 products available on the market to that effect, giving details, in particular, of any non- compliance and of any corrective measures taken. (This amendment applies throughout the text.)
Amendment 271 #
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 307 #
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 case there is any new relevant scientific information available as regards the toxicity and carcinogenicity of relevant contaminants or any new technological progress and innovation in the field of production and use of fertilising products.
Amendment 310 #
Proposal for a regulation
Article 46 – paragraph 1 – point 2
Article 46 – paragraph 1 – point 2
(3) "34. "plant biostimulant" means a productny naturally occurring substance or microorganism stimulating plant nutrition processes independently of ithe 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 313 #
Proposal for a regulation
Article 46 – paragraph 1 – point 2
Article 46 – paragraph 1 – point 2
(b) tolerance to abiotic as well as biotic stress;
Amendment 320 #
Proposal for a regulation
Article 46 a (new)
Article 46 a (new)
Article 46a Review No later than [Publications office, please insert the date occurring two years after the date of application of this Regulation], the Commission shall assess the risks to human health and the environment from uranium contamination in fertilisers and report to the Council and the European Parliament. This report shall be accompanied, if appropriate, by a legislative proposal.
Amendment 351 #
Proposal for a regulation
Annex I – part 2 – PFC 1(A) – paragraph 2 – indent 5
Annex I – part 2 – PFC 1(A) – paragraph 2 – indent 5
- Lead (Pb) 120 mg/kg dry matter, and
Amendment 393 #
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]: 640 mg/kg phosphorus pentoxide (P2O5),
Amendment 403 #
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 427 #
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
- As of [Publications office, please insert the date occurring twelvesix years after the date of application of this Regulation]: 20 mg/kg phosphorus pentoxide (P2O5),
Amendment 432 #
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 3 – point e
Annex I – part 2 – PFC 1(B) – paragraph 3 – point e
(e) Lead (Pb) 120 mg/kg dry matter.
Amendment 479 #
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]: 640 mg/kg phosphorus pentoxide (P2O5),
Amendment 487 #
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 509 #
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
- As of [Publications office, please insert the date occurring twelvesix years after the date of application of this Regulation]: 20 mg/kg phosphorus pentoxide (P2O5),
Amendment 515 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point e
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point e
(e) Lead (Pb) 1520 mg/kg dry matter,
Amendment 572 #
Proposal for a regulation
Annex I – part 2 – PFC 2 – paragraph 2 – indent 1
Annex I – part 2 – PFC 2 – paragraph 2 – indent 1
- Cadmium (Cd) 31,5 mg/kg dry matter,
Amendment 575 #
Proposal for a regulation
Annex I – part 2 – PFC 2 – paragraph 2 – indent 5
Annex I – part 2 – PFC 2 – paragraph 2 – indent 5
- Lead (Pb) 200 mg/kg dry matter, and
Amendment 583 #
Proposal for a regulation
Annex I – part 2 – PFC 3(A) – paragraph 2 – indent 1
Annex I – part 2 – PFC 3(A) – paragraph 2 – indent 1
- Cadmium (Cd) 31,5 mg/kg dry matter,
Amendment 587 #
Proposal for a regulation
Annex I – part 2 – PFC 3(A) – paragraph 2 – indent 5
Annex I – part 2 – PFC 3(A) – paragraph 2 – indent 5
- Lead (Pb) 120 mg/kg dry matter.
Amendment 598 #
Proposal for a regulation
Annex I – part 2 – PFC 3(B) – paragraph 2 – indent 5
Annex I – part 2 – PFC 3(B) – paragraph 2 – indent 5
- Lead (Pb) 1520 mg/kg dry matter.
Amendment 602 #
Proposal for a regulation
Annex I – part 2 – PFC 4 – paragraph 2 – indent 1
Annex I – part 2 – PFC 4 – paragraph 2 – indent 1
- Cadmium (Cd) 31,5 mg/kg dry matter,
Amendment 605 #
Proposal for a regulation
Annex I – part 2 – PFC 4 – paragraph 2 – indent 5
Annex I – part 2 – PFC 4 – paragraph 2 – indent 5
- Lead (Pb) 1520 mg/kg dry matter.
Amendment 629 #
Proposal for a regulation
Annex I – part 2 – PFC 6 – paragraph 1 – introductory part
Annex I – part 2 – PFC 6 – paragraph 1 – introductory part
1. A plant biostimulant shall be a CE marked fertilising product containing any naturally occurring substances or microorganism 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 630 #
Proposal for a regulation
Annex I – part 2 – PFC 6 – paragraph 1 – point b
Annex I – part 2 – PFC 6 – paragraph 1 – point b
(b) tolerance to abiotic or biotic stress, or
Amendment 636 #
Proposal for a regulation
Annex I – part 2 – PFC 6 – paragraph 2 – indent 1
Annex I – part 2 – PFC 6 – paragraph 2 – indent 1
- Cadmium (Cd) 31,5 mg/kg dry matter,
Amendment 671 #
Proposal for a regulation
Annex II – part II – CMC 2 – paragraph 2
Annex II – part II – CMC 2 – paragraph 2
Amendment 685 #
Proposal for a regulation
Annex II – part II – CMC 3 – paragraph 5
Annex II – part II – CMC 3 – paragraph 5
5. As of [Publications office: Please insert the date occurring 52 years after the date of application of this Regulation], the compost shall contain no more than 2,5 g/kg dry matter of macroscopic impurities in the form of plastics above 2 mm. By [Publications office: Please insert the date occurring 85 years after the date of application of this Regulation] the limit- value of 2,5 g/kg dry matter shall be re- assessed in order to take into account the progress made with regards to separate collection of bio-waste.
Amendment 728 #
Proposal for a regulation
Annex II – part 2 – CMC 7 – indent 2
Annex II – part 2 – CMC 7 – indent 2
Amendment 802 #
Proposal for a regulation
Annex III – part 2 – PFC 1(C)(I) – paragraph 1 a (new)
Annex III – part 2 – PFC 1(C)(I) – paragraph 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