BETA

Activities of Jarosław WAŁĘSA related to 2016/0084(COD)

Plenary speeches (1)

CE marked fertilising products (debate)
2016/11/22
Dossiers: 2016/0084(COD)

Amendments (177)

Amendment 91 #
Proposal for a regulation
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down rules on the making available on the market of CE marked fertilising productszers and Products Improving Nutrition Efficiency (PINE) and amending Regulations (EC) No 1069/2009 and (EC) No 1107/2009 (Text with EEA relevance)
2017/04/06
Committee: IMCO
Amendment 100 #
Proposal for a regulation
Recital 8 a (new)
(8a) Securing reliable and unhindered access to raw materials is crucial to the Union economy and essential to maintaining and improving quality of life, industry and employment. The Commission has created a list of Critical Raw Materials (CRMs) in order to identify raw materials with a high supply- risk and a high economic importance to the Union and secure their reliable and unhindered access. In 2014, The Commission added phosphate rock to this list. This Regulation should not introduce any measures unduly restricting the use, in EC marked fertilising products, of raw materials on which the import- dependency of the Union or its Member State exceeds 70%, or raw materials classified - due to import dependency and risk of supply disruptions - as CRMs under the EU Raw Materials Initiative (COM(2008) 699 final).
2017/04/06
Committee: IMCO
Amendment 103 #
Proposal for a regulation
Recital 8 a (new)
(8a) In order to facilitate the compliance of the phosphate fertilising products with the requirements of this Regulation and to boost innovation, it is necessary to provide sufficient funding to the relevant technologies, particularly to decadmiation, by means of the financial resources available under Horizon 2020 and other financial instruments. The Commission should annually inform the Council and the European Parliament on how much EU funding has been provided for decadmiation.
2017/04/06
Committee: IMCO
Amendment 105 #
Proposal for a regulation
Recital 8 b (new)
(8b) The Union production of fertilisers depends on manufacturers' ability to procure raw materials that include nutrients. Contaminant limits set out in this Regulation should take due account of the need to import such raw materials from third countries in sufficient quantities. While maintaining high standards for quality, health and environment, due care should be taken that contaminant limits set out in this Regulation do not unduly restrict the manufacturers' ability to source and use such raw materials in the production of CE marked fertilising products; do not, provide, by law or in fact, raw material sourcing preferences to individual companies; do not unduly restrict export of raw materials from third countries; and comply with the Union's bilateral and multilateral international trade obligations, are based on objective and accurate scientific data and do not create unnecessary obstacles to trade.
2017/04/06
Committee: IMCO
Amendment 106 #
Proposal for a regulation
Recital 8 c (new)
(8c) Contaminant limits set out by this Regulation should not disqualify or give preference to certain sources of raw materials. Therefore market and trade effects of such limits should be monitored to ensure stable and affordable access to raw materials, ensuring effective competition and competitiveness of the EU fertilizer industry. The Commission should ensure that foreign suppliers providing both raw materials and finished fertilising products to the Union do not abuse their market position by restricting the Union industry's access to raw materials and rendering its finished fertilizing products uncompetitive.
2017/04/06
Committee: IMCO
Amendment 117 #
Proposal for a regulation
Recital 13
(13) For certain recovered wastes within the meaning of Directive 2008/98/EC of the European Parliament and of the Council20 of 19 November 2008 on waste and repealing certain Directives, 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).
2017/04/06
Committee: IMCO
Amendment 121 #
Proposal for a regulation
Recital 14
(14) Certain substances and mixtures, commonly referred to as agronomic additives, improve the nutrient release pattern of a nutrient in a fertiliser. Substances and mixtures made available on the market with the intention of them being added to CE marked fertilising products for that purpose should fulfil certain efficacy criteria at the responsibility of the manufacturer of those substances or mixtures, and should therefore as such be considered as CE marked fertilising products under this Regulation. Furthermore, CE marked fertilising products containing such substances or mixtures should be subject to certain efficacy and safety criteria. Such substances and mixtures should therefore also be regulated as component materials for CE marked fertilising products.
2017/04/06
Committee: IMCO
Amendment 129 #
Proposal for a regulation
Recital 17 a (new)
(17a) Fertilising products which are CE marked in accordance with this Regulation should be afforded equal treatment and not unduly discriminated against by rules laid down in other Union legislation. No preferences should be granted to any type of CE marked fertilising products and no derogations should be granted to any fertilising products from generally-applicable EU law, in particular from Directive 91/676/EEC. No incentives should be granted to any type of fertilizing products, to the exclusion of other types, as they are contrary to the concept of parity and equal treatment under EU law.
2017/04/06
Committee: IMCO
Amendment 136 #
Proposal for a regulation
Recital 25
(25) When placing a CE marked fertilising product on the market, the importer should indicate on the packaging of the fertilising product his or her name, registered trade name or registered trade mark and the postal address at which he or she can be contacted, as well as the foreign manufacturer and the country of origin of the product in order to enable market surveillance.
2017/04/06
Committee: IMCO
Amendment 143 #
Proposal for a regulation
Recital 47
(47) CE-marked fertilising products should be placed on the market only if they are sufficiently effectiir agronomic efficacy has been proven 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.
2017/04/06
Committee: IMCO
Amendment 151 #
Proposal for a regulation
Recital 55 a (new)
(55a) When adopting delegated acts, the Commission should ensure that all fertilizer products will be treated equally with no preference to any types of fertilizers.
2017/04/06
Committee: IMCO
Amendment 153 #
Proposal for a regulation
Recital 8 a (new)
(8a) Securing reliable and unhindered access to raw materials is crucial to the Union economy and essential to maintaining and improving quality of life, industry and employment. The European Commission has created a list of Critical Raw Materials (CRMs) in order to identify raw materials with a high supply- risk and a high economic importance to the Union and secure their reliable and unhindered access. In 2014, The European Commission added phosphate rock to this list. This Regulation should not introduce any measures unduly restricting the use, in EC marked fertilising products, of raw materials on which the import-dependency of the Union or its Member State exceeds 70%, or raw materials classified - due to import dependency and risk of supply disruptions - as CRMs under the EU Raw Materials Initiative (COM(2008) 699 final).
2017/03/16
Committee: ENVI
Amendment 158 #
Proposal for a regulation
Recital 8 b (new)
(8b) The Union production of fertilisers depends on manufacturers' ability to procure raw materials that include nutrients. Contaminant limits set out in this Regulation should take due account of the need to import such raw materials from third countries in sufficient quantities. While maintaining high standards for quality, health and environment, due care should be taken that contaminant limits set out in this Regulation: (i) do not unduly restrict the manufacturers' ability to source and use such raw materials in the production of CE marked fertilising products; (ii) do not, provide, by law or in fact, raw material sourcing preferences to individual companies; (iii) do not unduly restrict export of raw materials from third countries; and (iv) comply with the Union's bilateral and multilateral international trade obligations, are based on objective and accurate scientific data and do not create unnecessary obstacles to trade.
2017/03/16
Committee: ENVI
Amendment 160 #
Proposal for a regulation
Recital 8 c (new)
(8c) Contaminant limits set out by this Regulation should not disqualify or give preference to certain sources of raw materials. Therefore market and trade effects of such limits should be monitored to ensure stable and affordable access to raw materials, ensuring effective competition and competitiveness of the EU fertiliser industry. The Commission should ensure that foreign suppliers providing both raw materials and finished fertilising products to the Union do not abuse their market position by restricting the Union industry's access to raw materials and rendering its finished fertilising products uncompetitive.
2017/03/16
Committee: ENVI
Amendment 165 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
(1) ‘f"Fertilising product’zer" 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.
2017/04/06
Committee: IMCO
Amendment 171 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
(2a) "Product Improving Nutrition Efficiency (PINE)" 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.
2017/04/06
Committee: IMCO
Amendment 172 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
(3) 'substance' means a substance within the meaning of Article 3(1) of Regulation (EC) No 1907/2006; chemical element and its compounds in the natural state or obtained by any manufacturing process, including any additive necessary to preserve its stability and any impurity deriving from the process used, but excluding any solvent which may be separated without affecting the stability of the substance or changing its composition.
2017/04/06
Committee: IMCO
Amendment 179 #
Proposal for a regulation
Article 4 – paragraph 2
2. For any aspects not covered by Annex I or II, CE marked fertilising products shall meet the requirement that their use, as specified in the use instructions, does not lead to food or feed of plant origin becoming unsafe within the meaning of Articles 14 and 15 of Regulation (EC) No 178/2002, respectively.deleted
2017/04/06
Committee: IMCO
Amendment 190 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
Manufacturers shall ensure that procedures are in place for CE marked fertilising products that are part of a series production to remain in conformity with this Regulation. Changes in production method or characteristics of those fertilising products and changes in the harmonised standards, common specifications referred to in Article 13 or other technical specifications by reference to which conformity of a CE marked fertilising product is declared shall be adequately taken into account.
2017/04/06
Committee: IMCO
Amendment 207 #
Proposal for a regulation
Article 6 – paragraph 10 – subparagraph 2
The report shall be submitted at least five days in advance of placing those products on the market. List of competent authorities of Member States shall be provided in Annex Va.
2017/04/06
Committee: IMCO
Amendment 213 #
Proposal for a regulation
Article 8 – paragraph 2
2. Before placing a CE marked fertilising product on the market importers shall ensure that the appropriate conformity assessment procedure referred to in Article 14 has been carried out by the manufacturer. They shall ensure that the manufacturer has drawn up the technical documentation, that the CE marked fertilising product is accompanied by the EU declaration of conformity and the required documents, and that the manufacturer has complied with the requirements set out in Article 6(5) and (6). Where an importer considers or has reason to believe that a CE marked fertilising product is not in conformity with the applicable requirements set out in Annex I, Annex II or Annex IIIof this Regulation, he or she shall not place the fertilising product on the market until it has been brought into conformity. Furthermore, where the CE marked fertilising product presents an unacceptable risk to human, animal or plant health, to safety or to the environment, the importer shall inform the manufacturer and the market surveillance authorities to that effect.
2017/04/06
Committee: IMCO
Amendment 218 #
Proposal for a regulation
Article 8 – paragraph 3
3. Importers shall indicate their name, registered trade name or registered trade mark, the foreign manufacturer and the country of origin and the postal address at which they can be contacted on the packaging of the CE marked fertilising product or, where the CE marked fertilising product is supplied without packaging, in a document accompanying the fertilising product. The contact details shall be in a language easily understood by end-users and market surveillance authorities.
2017/04/06
Committee: IMCO
Amendment 223 #
Proposal for a regulation
Article 8 – paragraph 4
4. Importers shall ensure that the CE marked fertilising product is labelled in accordance with Annex III or, where the CE marked fertilising product is supplied without packaging, that the required information is provided in a documents accompanying the CE fertilising product. The information required under Annex III shall be in a language which can be easily understood by end- users, as determined by the Member State concerned.
2017/04/06
Committee: IMCO
Amendment 236 #
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1
Before making a CE marked fertilising product available on the market distributors shall verify that it is accompanied by the EU declaration of conformity and by the required documents, that it is labelled in accordance with Annex III in a language which can be easily understood by end- users in the Member State in which the CE marked fertilising product is to be made available on the market, and that the manufacturer and the importer have complied with the requirements set out in Article 6(5) and (6) and Article 8(3) respectively. Where the CE marked fertilising product is supplied without packaging, market distributors shall verify that the required information is provided in a documents accompanying the CE marked fertilising product. That information shall also be in a language which can be easily understood by end- users in the Member State in which the CE marked fertilising product is to be made available on the market.
2017/04/06
Committee: IMCO
Amendment 240 #
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 2
Where a distributor considers or has reason to believe that a CE marked fertilising product is not in conformity with the applicable requirements set out in Annex I, Annex II or Annex IIIof this Regulation, he or she shall not make the fertilising product available on the market until it has been brought into conformity. Furthermore, where the CE marked fertilising product presents an unacceptable risk to human, animal or plant health, to safety or to the environment, the distributor shall inform the manufacturer or the importer to that effect as well as the market surveillance authorities.
2017/04/06
Committee: IMCO
Amendment 249 #
Proposal for a regulation
Article 17 – paragraph 1
1. The CE marking shall be affixed visibly, legibly and indelibly to the paccompanying documents andkaging of the CE marked fertilising product or, where the CE marked fertilising product is supplied in a packaged form, to the packagingwithout packaging, to the documents accompanying the CE marked fertilising product.
2017/04/06
Committee: IMCO
Amendment 255 #
Proposal for a regulation
Article 18 – paragraph 1 a (new)
In line with circular economy, certain industry by-products or co-products from specific industrial processes are already used by manufacturers as components of CE marked fertilizing products. Requirements related to such component material categories should be laid down in Annex II. Such products should cease to be regarded as waste within the meaning of Directive 2008/98/EC and treated as component material categories. For a transitional period of five years, by- products currently used as components in production of CE-marked fertilizing products, such as ammonium sulfate, sulfuric acid, iron sulfate, ammonia, magnesium sulfate, magnesium nitrate and anti-caking agents should be allowed to be used, until the European Commission can propose the specific conditions for their continued use.
2017/04/06
Committee: IMCO
Amendment 258 #
Proposal for a regulation
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 complyand has demonstrated agronomic efficacy shall be considered to be 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.
2017/04/06
Committee: IMCO
Amendment 259 #
Proposal for a regulation
Article 40 a (new)
Article 40 a Cadmium limit derogations By way of derogation from Article 4(1), a fertilising product that does not meet the requirements of PFC 1(C)(I)2(a)(2) may be CE- marked if it meets the conditions set out in Articles 40b(new) - 40d(new).
2017/03/16
Committee: ENVI
Amendment 260 #
Proposal for a regulation
Article 40 b (new)
Article 40 b Derogation for average cadmium limit A fertilising product that does not meet the requirements of PFC 1(C)(I)2(a)(2) may be CE- marked in case it: (a) meets the remaining requirements set out in Annex I for PFC 1(C)(I); (b) meets the requirements set out in Annex II for the relevant component material category or categories; (c) is labelled in accordance with the labelling requirements set out in Annex III; and (d) meets the requirements of Annex Va (new).
2017/03/16
Committee: ENVI
Amendment 261 #
Proposal for a regulation
Article 40 c (new)
Article 40 c Derogation for compliance plan 1. Under the conditions set out in this article, a Union producer of fertilising products ("applicant") may request a Member State to grant a temporary derogation, for a period of up to 10 years, from the requirements of Article 4(1), if the applicant is unable to meet the requirements of PFC 1(C)(I)2(a)(2) because of difficulties with procuring phosphate rock of sufficient quality, due to dependency on importation of phosphate rock. 2. Import dependency is deemed to exist when the applicant sources more than 70% of phosphate rock from outside of the Union or when phosphate rock is classified as a "critical raw material" under the Raw Material Initiative. 3. The request for a temporary derogation shall include: (a) information on the location, number, size and cadmium content of phosphate rock deposits that the applicant owns, controls, or has exclusive access to by way of exclusive mining, exploration licences, exclusive purchase relationship or by any other means; (b) information on the applicant's sourcing of phosphate rock for the last five years, identifying specific deposits from which phosphate rock has been purchased, including the average cadmium content in phosphate rock purchased from such deposits; (c) information on phosphate rock import dependency for the last 5 years, which shall compare the annual production needs of the applicant with the applicant's purchases of phosphate rock from outside of the Union and its explanation for its inability to source phosphate rock from within the Union; (d) the applicant's 10 year-plan to comply with the requirements of Article 4(1) (" Compliance Plan"), covering planned: (i) diversification of the sourcing of phosphate rock to countries and deposits with low cadmium; (ii) investment in recovery and reuse of phosphorus, which would decrease reliance on imported phosphate rock, and contribute to the circular economy of the Union; and (iii) investment in decadmiation technologies so that they can be introduced in the applicants regular production process. 4. The applicant shall identify all information in the request to be treated as confidential and shall also provide a public summary thereof. 5. The request shall be filed with the competent authority of a Member State where the producer is established. The Member State shall notify the Commission of the receipt of the request, transmitting the public summary of the request. The Commission shall then notify and transfer the request and the public summary to the Council. 6. The Member State shall issue the temporary derogation if it concludes that: (a) the applicant is dependent on imports of phosphate rock within the meaning of paragraph 2; (b) the applicant is not able to comply with the requirement of Article 4(1), due to the cadmium content of its phosphate rock deposits specified in paragraph 3(a), or – in view of import dependency – due to the structure of its historical phosphate rock purchases as specified in paragraph 3(b); and (c) the applicant submitted a credible plan that is likely to allow the applicant, at the expiry of the temporary exemption, to comply with the requirements specified in Article 4(1), upon its completion. 7. If the Member State decides to approve the request and issue the temporary derogation it shall communicate its decision to the Commission and the Council. 8. Once the Member State issues the temporary derogation, a fertilising product, produced by the applicant and placed on the market during its validity , shall be deemed to be in full compliance with PFC 1(C)(I)2(a)(2) for the purposes of Article 4(1) and may be CE-marked. 9. The applicant whose request for a temporary derogation has been approved shall, within 30 days from each anniversary of the date of the approval, submit to the competent authority an annual report, specifying: (a) the location, number, size and cadmium content of phosphate rock deposits that the applicant owned, controlled, or otherwise had exclusive access to by way of exclusive mining, exploration licences, exclusive purchase relationship or by any other means, in the Union and outside, during the past year; (b) the applicant's sourcing of phosphate rock during the past year, from within the Union and outside, identifying countries and specific deposits from which phosphate rock has been purchased, including the average cadmium content in such deposits; (c) the applicant's import dependency referred to in paragraph 3(c); (d) an update on the applicant's implementation of its Compliance Plan in the past year, including progress on : (i) diversification of sourcing of phosphate rock to countries and deposits with low cadmium that would allow the applicant to meet the requirements of Article 4(1); (ii) reduction of its import dependency; (iii) investment in, and introduction of recovery and reuse of phosphorus in the production of fertilising products; and (iv) investment in, and introduction of, decadmiation technologies in its regular production process. 10. The applicant shall indicate the information in its annual report to be treated as confidential and shall also provide a public summary thereof. 11. The Member State shall transfer the public summary of the Annual report to the Commission. The Commission shall then transfer the public summary to the Council. 12. The Member State may revoke the approval of the request and shall notify the Commission where the Member State concludes that the review of the applicant's Annual Reports does not show: (a) a steady and persistent decrease of cadmium content in purchased phosphate rock; (b) increasing diversification of sources for phosphate rock purchases towards low cadmium sources; (c) steady progress in research and implementation of phosphorus recovery and reuse technologies, leading towards increased use of recycled phosphorus in production of the fertilising products; and (d) steady progress in research and implementation of decadmiation technologies, leading towards reduced cadmium content of finished fertilising products; 13. Upon the expiry of the period for which the temporary exemption has been granted, the requirements of PFC 1(C)(I)2(a)(2) shall begin to apply in the context of Article 4(1), as if the Regulation came into force with respect to the applicant on the date on which the exemption has expired.
2017/03/16
Committee: ENVI
Amendment 262 #
Proposal for a regulation
Article 40 d (new)
Article 40 d Derogation for international trade dispute 1. Subject to paragraph 4, if a third country initiates dispute settlement proceedings against the Union under the Understanding on Rules and Procedures Governing the Settlement of Disputes ('DSU'), part of the Marrakesh Agreement establishing the World Trade Organization, or under any international trade agreement, questioning the legality, under international law, of the limit set out in Annex I for PFC 1(C)(I), the application of that limit, in the context of Article 4(1), shall be suspended for the duration of such proceeding. 2. For purposes of paragraph 1, and subject to paragraph 3, the suspension shall begin three months after the third country files a request for any consultation under the agreement concerned and shall continue until a final ruling is issued by the relevant dispute settlement body provided for by the agreement to adjudicate the dispute or, if no such body has been created by the agreement, by the WTO Dispute Settlement Body. Where no mutually acceptable solution is found within the timeframe prescribed by the agreement or, if no such timeframe is prescribed, within 6 months from the beginning of the suspension, the request for consultations must be followed by the launch of arbitration proceedings at the earliest possible date, if the agreement provides for arbitration and if not, recourse must be taken to the dispute settlement proceedings under the WTO. If no recourse is taken at the earliest possible date, to arbitration proceedings or the WTO DSU, respectively, then the suspension referred to in paragraph 1 shall be lifted. For purposes of this paragraph, arbitration proceedings consist of the phase of the proceeding that is normally concluded with a ruling of the relevant dispute settlement body adjudicating the merits of the dispute 3. When proceedings referred to in paragraph 1, are initiated, the Commission may propose to the Council to stop the suspension. In such case, the suspension referred to in paragraph 1 is delayed until the Council takes a decision, by qualified majority. If the Council approves the Commission proposal, within 3 months from the initiation of such dispute settlement proceedings, the suspension does not come into force. In all other cases, the suspension comes into force. 4. The Commission shall publish a notification in the Official Journal of the European Union, once the suspension becomes effective, stating the nature of the proceeding and informing of the suspension of the application of the relevant provisions. 5. The suspension shall remain in force until the dispute settlement proceedings are concluded by the final ruling of the relevant dispute settlement body. If the decision establishes that the Union violated its obligations under international law, the suspension referred to in paragraph 1 shall continue to be in force until compliance. If the decision establishes that the Union did not violate its obligations under international law, the suspension referred to in paragraph 1 shall be immediately revoked and the Commission shall publish a notification to this effect in the Official Journal of the European Union.
2017/03/16
Committee: ENVI
Amendment 262 #
International trade aspects of trade in fertilizers and raw materials
2017/04/06
Committee: IMCO
Amendment 263 #
Proposal for a regulation
Article 40 e (new)
Article 40 e Reports on security of raw material supplies and combating unfair trade practices 1. By ... [6 months after the date of entry into force of this Regulation], and annually thereafter, the Commission shall draw up a report, identifying: (a) the main countries exporting to the Union the main raw materials used for production of fertilising products, including natural gas, phosphate rock/apatite, phosphoric acid and potash; (b) the annual volume, value and average export price of such raw materials; (c) any involvement of state-owned or state-controlled, legally or through other means, enterprises in the export of such raw materials from such third countries; (d) the existence of any distortions, such as dual pricing, regulated domestic prices, export bans, export duties, restrictions on foreign ownership or investment in the raw material industry in such third countries, or monopolistic or oligopolistic structure of that industry; (e) the volume and value of such countries' exports of fertilising products to the Union. 2. The report shall also specify, by comparing data from previous years, whether any country restricts its exports of any of the raw materials used for production of fertilising products, including by limiting export quantities or imposing higher prices, and instead increases its exports of fertilising products produced from such raw materials, and if so, the report shall also determine the circumstances of such a shift in trade patterns, in particular whether it may be the result of actions of: (a) the government of the exporting country; (b) an exporting third country monopolistic or oligopolistic exporters; (c) any other governmental or quasi- governmental entity enjoying a dominant position in exporting raw materials from the exporting countries, or a group of such entities; or (d) vertically integrated producer of fertilising products that also controls a significant part of the exporting country's capacities in production or exportation of raw materials, or a group of such producers. 3. The Commission shall present the report to the European Parliament and the Council. 4. Where the report concludes that the circumstances described in paragraph 2 occur, and that the effect of such actions is, on one hand, a limited supply of raw materials to the EU, and, on the other, increased market share of the third countries' finished fertilising products, the Commission shall take appropriate action, including: (a) where the trade distortion causing the limited supply of raw material may be a violation of any international trade agreement, entering into consultations with the third country, and, if required, initiating a trade dispute to eliminate the violation; (b) initiating consultations, and, if warranted, a Community examination procedure pursuant to Regulation (EU) 2015/1843 of the European Parliament and of the Council1a in order to ensure the exercise of the Union's rights under international trade rules, in particular those established under the auspices of the World Trade Organization; (c) where a country in question benefits from autonomous tariff preferences, including under Regulation (EU) No 978/2012 of the European Parliament and of the Council1b , taking action to withdraw such preferences for the third country or fertilising products originating in such third country, including by taking any action under Article 3(2), 5(3), 6(2), 8(2)&(3), 10(5), 11(2), 19(3), 21(3) and 36 of Regulation (EU) No 978/2012; in circumstances described in this point, the substantive requirements for Commission delegated acts set out in Articles 3(2), 4, 6(2), 8(1), 10(5), 11(2), 19(1)(d) and 21(1) of Regulation (EU) No 978/2012 are deemed to have been met; (d) where the third country in question benefits from tariff preferences under a free trade agreement, considering imposing safeguard measures under that agreement, if conditions set out under the regulation implementing such safeguard are met or taking actions to withdraw concession and reimpose the regular WTO bound Common Customs Tariff on fertilising products originating in that third country, pursuant to procedures established by free trade agreement concerned; (e) where fertilising products originating in the third country do not benefit from any tariff preferences and are subject to regular WTO-bound Common Customs Tariff, considering withdrawing concessions under the General Agreement on Tariffs and Trade and other WTO agreements, in line with procedures set out in such agreements (f) adopting a delegated act to deny products originating in the third country the CE-marking; (g) any other action that it deems to be appropriate. 5. For purposes of this article, "oligopolistic" shall include situations where four or less entities or corporate groups control more than 80% of the third country's deposits, production or exports of a given raw material. __________________ 1a Regulation (EU) 2015/1843 of the European Parliament and of the Council of 6 October 2015 laying down Union procedures in the field of the common commercial policy (OJ L 272, 16.10.2015, p. 1). 1bRegulation (EU) No 978/2012 of the European Parliament and of the Council of 25 October 2012 applying a scheme of generalised tariff preferences (GSP Regulation) (OJ L 303, 31.10.2012, p. 1).
2017/03/16
Committee: ENVI
Amendment 264 #
Proposal for a regulation
Article 40 f (new)
Article 40 f Availability of Phosphate Rock 1. By...[6 months after the date of entry into force of this Regulation], and every five years thereafter, the Commission shall draw up a report, identifying: (a) the main countries with significant phosphate rock deposits, the projected size of such deposits; production of phosphate rock from such deposits; and the levels of contaminants regulated in Annex I, in particular cadmium and chromium; (b) ownership or control of such deposits, with an indication of whether any foreign investment or foreign ownership restrictions apply to such deposits and, if deposits are already exploited, the involvement of state-owned or state-controlled enterprises in their exploitation; (c) exports of phosphate rock from such countries, with an indication of volume and value of exports to the Union for the last 5 years; (d) where there are no or insignificant exports of phosphate rock from the third country, in general or to the Union, an indication of whether the third country applies any export restrictions and if not, a plausible explanation for that situation of the exports concerned; (e) known production of fertilising products in such countries. 2. Where the report identifies the existence of phosphate rock deposits and no exports or insignificant exports, in general or to the Union, of phosphate rock from the countries referred to in point (a) of paragraph 1, which may be the result of any export, foreign ownership or foreign investment restrictions imposed by the government of the third country concerned, or is the result of the practices of monopolist or oligopolistic exporters including entities with a dominant position; or any other governmental or quasi-governmental entity or a group of such entities; or of a vertically integrated producer of fertilising products that also controls a significant part of the exporting country's capacities in production or exportation of phosphate rock, or a group of such producers, the Commission shall enter into negotiations and use all tools at its disposal, including those mentioned in Article 40e (4) to make such deposits available for exports to the Union. 3. For purpose of this article, insignificance of exports may be determined in relation to the size of deposits or production from such deposits in the third country. Insignificance of exports to the Union may also be determined in relation to exports to other third countries.
2017/03/16
Committee: ENVI
Amendment 265 #
Proposal for a regulation
Chapter 5 a (new)
International trade aspects of trade in fertilisers and raw materials (Amendments 40a(new) - 40f(new) fall under Chapter 5a(new))
2017/03/16
Committee: ENVI
Amendment 268 #
Proposal for a regulation
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 an unacceptable risk to human, animal or plant life or 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.
2017/04/06
Committee: IMCO
Amendment 273 #
Proposal for a regulation
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
2017/03/16
Committee: ENVI
Amendment 277 #
Proposal for a regulation
Article 40 a (new)
Article 40 a Cadmium limit derogations By way of derogation from Article 4(1), a fertilising product that does not meet the requirements of PFC 1(C)(I)2(a)(2) may be CE- marked if it meets the conditions set out in Articles 40b to 40d.
2017/04/06
Committee: IMCO
Amendment 278 #
Proposal for a regulation
Article 40 b (new)
Article 40 b Derogation for average cadmium limit A fertilising product that does not meet the requirements of PFC 1(C)(I)2(a)(2) may be CE- marked in case it: (a) meets the remaining requirements set out in Annex I for PFC 1(C)(I); (b) meets the requirements set out in Annex II for the relevant component material category or categories; (c) is labelled in accordance with the labelling requirements set out in Annex III; and (d) meets the requirements of Annex Va.
2017/04/06
Committee: IMCO
Amendment 279 #
Proposal for a regulation
Article 40 c (new)
Article 40 c Derogation for compliance plan 1. Under the conditions set out in this article, a Union producer of fertilizing products ("applicant") may request a Member State to grant a temporary derogation, for a period of up to 10 years, from the requirements of Article 4(1), if the applicant is unable to meet the requirements of PFC 1(C)(I)2(a)(2) because of difficulties with procuring phosphate rock of sufficient quality, due to dependency on importation of phosphate rock. 2. Import dependency is deemed to exist when the applicant sources more than 70% of phosphate rock from outside of the Union or when phosphate rock is classified as a "critical raw material" under the Raw Material Initiative. 3. The request for a temporary derogation shall include: (a) information on the location, number, size and cadmium content of phosphate rock deposits that the applicant owns, controls, or has exclusive access to by way of exclusive mining, exploration licences, exclusive purchase relationship or by any other means; (b) information on the applicant's sourcing of phosphate rock for the last five years, identifying specific deposits from which phosphate rock has been purchased, including the average cadmium content in phosphate rock purchased from such deposits; (c) information on phosphate rock import dependency for the last 5 years, which shall compare the annual production needs of the applicant with the applicant's purchases of phosphate rock from outside of the Union and its explanation for its inability to source phosphate rock from within the Union; (d) the applicant's 10 year-plan to comply with the requirements of Article 4(1) (" Compliance Plan"), covering planned: (i) diversification of the sourcing of phosphate rock to countries and deposits with low cadmium; (ii) investment in recovery and reuse of phosphorus, which would decrease reliance on imported phosphate rock, and contribute to the circular economy of the Union; and (iii) investment in decadmiation technologies so that they can be introduced in the applicants regular production process. 4. The applicant shall identify all information in the request to be treated as confidential and shall also provide a public summary thereof. 5. The request shall be filed with the competent authority of a Member State where the producer is established. The Member State shall notify the Commission of the receipt of the request, transmitting the public summary of the request. The Commission shall then notify and transfer the request and the public summary to the Council. 6. The Member State shall issue the temporary derogation if it concludes that: (a) the applicant is dependent on imports of phosphate rock within the meaning of paragraph 2; (b) the applicant is not able to comply with the requirement of Article 4(1), due to the cadmium content of its phosphate rock deposits specified in paragraph 3(a), or – in view of import dependency – due to the structure of its historical phosphate rock purchases as specified in paragraph 3(b); and (c) the applicant submitted a credible plan that is likely to allow the applicant, at the expiry of the temporary exemption, to comply with the requirements specified in Article 4(1), upon its completion. 7. If the Member State decides to approve the request and issue the temporary derogation it shall communicate its decision to the Commission and the Council. 8. Once the Member State issues the temporary derogation, a fertilizing product, produced by the applicant and placed on the market during its validity , shall be deemed to be in full compliance with PFC 1(C)(I)2(a)(2) for the purposes of Article 4(1) and may be CE-marked. 9. The applicant whose request for a temporary derogation has been approved shall, within 30 days from each anniversary of the date of the approval, submit to the competent authority an annual report, specifying: (a) the location, number, size and cadmium content of phosphate rock deposits that the applicant owned, controlled, or otherwise had exclusive access to by way of exclusive mining, exploration licences, exclusive purchase relationship or by any other means, in the Union and outside, during the past year; (b) the applicant's sourcing of phosphate rock during the past year, from within the Union and outside, identifying countries and specific deposits from which phosphate rock has been purchased, including the average cadmium content in such deposits; (c) the applicant's import dependency referred to in paragraph 3(c); (d) an update on the applicant's implementation of its Compliance Plan in the past year, including progress on : (i) diversification of sourcing of phosphate rock to countries and deposits with low cadmium that would allow the applicant to meet the requirements of Article 4(1); (ii) reduction of its import dependency; (iii) investment in, and introduction of recovery and reuse of phosphorus in the production of fertilizing products; and (iv) investment in, and introduction of, decadmiation technologies in its regular production process. 10. The applicant shall indicate the information in its annual report to be treated as confidential and shall also provide a public summary thereof. 11. The Member State shall transfer the public summary of the Annual report to the Commission. The Commission shall then transfer the public summary to the Council. 12. The Member State may revoke the approval of the request and shall notify the Commission where the Member State concludes that the review of the applicant's Annual Reports does not show: (a) a steady and persistent decrease of cadmium content in purchased phosphate rock; (b) increasing diversification of sources for phosphate rock purchases towards low cadmium sources; (c) steady progress in research and implementation of phosphorus recovery and reuse technologies, leading towards increased use of recycled phosphorus in production of the fertilizing products; and (d) steady progress in research and implementation of decadmiation technologies, leading towards reduced cadmium content of finished fertilizing products; 13. Upon the expiry of the period for which the temporary exemption has been granted, the requirements of PFC 1(C)(I)2(a)(2) shall begin to apply in the context of Article 4(1), as if the Regulation came into force with respect to the applicant on the date on which the exemption has expired.
2017/04/06
Committee: IMCO
Amendment 280 #
Proposal for a regulation
Article 40 d (new)
Article 40 d Derogation for international trade dispute 1. Subject to paragraph 4, if a third country initiates dispute settlement proceedings against the Union under the Understanding on Rules and Procedures Governing the Settlement of Disputes ('DSU'), part of the Marrakesh Agreement establishing the World Trade Organization, or under any international trade agreement, questioning the legality, under international law, of the limit set out in Annex I for PFC 1(C)(I), the application of that limit, in the context of Article 4(1), shall be suspended for the duration of such proceeding. 2. For purposes of paragraph 1, and subject to paragraph 3, the suspension shall begin three months after the third country files a request for any consultation under the agreement concerned and shall continue until a final ruling is issued by the relevant dispute settlement body provided for by the agreement to adjudicate the dispute or, if no such body has been created by the agreement, by the WTO Dispute Settlement Body. Where no mutually acceptable solution is found within the timeframe prescribed by the agreement or, if no such timeframe is prescribed, within 6 months from the beginning of the suspension, the request for consultations must be followed by the launch of arbitration proceedings at the earliest possible date, if the agreement provides for arbitration and if not, recourse must be taken to the dispute settlement proceedings under the WTO. If no recourse is taken at the earliest possible date, to arbitration proceedings or the WTO DSU, respectively, then the suspension referred to in paragraph 1 shall be lifted. For purposes of this paragraph, arbitration proceedings consist of the phase of the proceeding that is normally concluded with a ruling of the relevant dispute settlement body adjudicating the merits of the dispute 3. When proceedings referred to in paragraph 1, are initiated, the Commission may propose to the Council to stop the suspension. In such case, the suspension referred to in paragraph 1 is delayed until the Council takes a decision, by qualified majority. If the Council approves the Commission proposal, within 3 months from the initiation of such dispute settlement proceedings, the suspension does not come into force. In all other cases, the suspension comes into force. 4. The Commission shall publish a notification in the Official Journal of the European Union, once the suspension becomes effective, stating the nature of the proceeding and informing of the suspension of the application of the relevant provisions. 5. The suspension shall remain in force until the dispute settlement proceedings are concluded by the final ruling of the relevant dispute settlement body. If the decision establishes that the Union violated its obligations under international law, the suspension referred to in paragraph 1 shall continue to be in force until compliance. If the decision establishes that the Union did not violate its obligations under international law, the suspension referred to in paragraph 1 shall be immediately revoked and the Commission shall publish a notification to this effect in the Official Journal of the European Union.
2017/04/06
Committee: IMCO
Amendment 281 #
Proposal for a regulation
Article 40 e (new)
Article 40 e Reports on security of raw material supplies and combating unfair trade practices 1. By ... [6 months after the date of entry into force of this Regulation], and annually thereafter, the Commission shall draw up a report, identifying: (a) the main countries exporting to the Union the main raw materials used for production of fertilising products, including natural gas, phosphate rock/apatite, phosphoric acid and potash; (b) the annual volume, value and average export price of such raw materials; (c) any involvement of state-owned or state-controlled, legally or through other means, enterprises in the export of such raw materials from such third countries; (d) the existence of any distortions, such as dual pricing, regulated domestic prices, export bans, export duties, restrictions on foreign ownership or investment in the raw material industry in such third countries, or monopolistic or oligopolistic structure of that industry; (e) the volume and value of such countries' exports of fertilising products to the Union. 2. The report shall also specify, by comparing data from previous years, whether any country restricts its exports of any of the raw materials used for production of fertilising products, including by limiting export quantities or imposing higher prices, and instead increases its exports of fertilising products produced from such raw materials, and if so, the report shall also determine the circumstances of such a shift in trade patterns, in particular whether it may be the result of actions of: (a) the government of the exporting country; (b) an exporting third country monopolistic or oligopolistic exporters; (c) any other governmental or quasi- governmental entity enjoying a dominant position in exporting raw materials from the exporting countries, or a group of such entities; or (d) vertically integrated producer of fertilising products that also controls a significant part of the exporting country's capacities in production or exportation of raw materials, or a group of such producers. 3. The Commission shall present the report to the European Parliament and the Council. 4. Where the report concludes that the circumstances described in paragraph 2 occur, and that the effect of such actions is, on one hand, a limited supply of raw materials to the EU, and, on the other, increased market share of the third countries' finished fertilising products, the Commission shall take appropriate action, including: (a) where the trade distortion causing the limited supply of raw material may be a violation of any international trade agreement, entering into consultations with the third country, and, if required, initiating a trade dispute to eliminate the violation; (b) initiating consultations, and, if warranted, a Community examination procedure pursuant to Regulation (EU) 2015/1843 of the European Parliament and of the Council1a in order to ensure the exercise of the Union's rights under international trade rules, in particular those established under the auspices of the World Trade Organization; (c) where a country in question benefits from autonomous tariff preferences, including under Regulation (EU) No 978/2012 of the European Parliament and of the Council1b , taking action to withdraw such preferences for the third country or fertilising products originating in such third country, including by taking any action under Article 3(2), 5(3), 6(2), 8(2)&(3), 10(5), 11(2), 19(3), 21(3) and 36 of Regulation (EU) No 978/2012; in circumstances described in this point, the substantive requirements for Commission delegated acts set out in Articles 3(2), 4, 6(2), 8(1), 10(5), 11(2), 19(1)(d) and 21(1) of Regulation (EU) No 978/2012 are deemed to have been met; (d) where the third country in question benefits from tariff preferences under a free trade agreement, considering imposing safeguard measures under that agreement, if conditions set out under the regulation implementing such safeguard are met or taking actions to withdraw concession and reimpose the regular WTO bound Common Customs Tariff on fertilizing products originating in that third country, pursuant to procedures established by free trade agreement concerned; (e) where fertilising products originating in the third country do not benefit from any tariff preferences and are subject to regular WTO-bound Common Customs Tariff, considering withdrawing concessions under the General Agreement on Tariffs and Trade and other WTO agreements, in line with procedures set out in such agreements (f) adopting a delegated act to deny products originating in the third country the CE-marking; (g) any other action that it deems to be appropriate. 5. For purposes of this article, "oligopolistic" shall include situations where four or less entities or corporate groups control more than 80% of the third country's deposits, production or exports of a given raw material. __________________ _________________ 1a Regulation (EU) 2015/1843 of the European Parliament and of the Council of 6 October 2015 laying down Union procedures in the field of the common commercial policy (OJ L 272, 16.10.2015, p. 1). 1b Regulation (EU) No 978/2012 of the European Parliament and of the Council of 25 October 2012 applying a scheme of generalised tariff preferences (GSP Regulation) (OJ L 303, 31.10.2012, p. 1).
2017/04/06
Committee: IMCO
Amendment 282 #
Proposal for a regulation
Article 40 f (new)
Article 40 f Availability of Phosphate Rock 1. By...[6 months after the date of entry into force of this Regulation], and every five years thereafter, the Commission shall draw up a report, identifying: (a) the main countries with significant phosphate rock deposits, the projected size of such deposits; production of phosphate rock from such deposits; and the levels of contaminants regulated in Annex I, in particular cadmium and chromium; (b) ownership or control of such deposits, with an indication of whether any foreign investment or foreign ownership restrictions apply to such deposits and, if deposits are already exploited, the involvement of state-owned or state- controlled enterprises in their exploitation; (c) exports of phosphate rock from such countries, with an indication of volume and value of exports to the Union for the last 5 years; (d) where there are no or insignificant exports of phosphate rock from the third country, in general or to the Union, an indication of whether the third country applies any export restrictions and if not, a plausible explanation for that situation of the exports concerned; (e) known production of fertilising products in such countries. 2. Where the report identifies the existence of phosphate rock deposits and no exports or insignificant exports, in general or to the Union, of phosphate rock from the countries referred to in point (a) of paragraph 1, which may be the result of any export, foreign ownership or foreign investment restrictions imposed by the government of the third country concerned, or is the result of the practices of monopolist or oligopolistic exporters including entities with a dominant position; or any other governmental or quasi-governmental entity or a group of such entities; or of a vertically integrated producer of fertilising products that also controls a significant part of the exporting country's capacities in production or exportation of phosphate rock, or a group of such producers, the Commission shall enter into negotiations and use all tools at its disposal, including those mentioned in Article 40e (4) to make such deposits available for exports to the Union. 3. For purpose of this article, insignificance of exports may be determined in relation to the size of deposits or production from such deposits in the third country. Insignificance of exports to the Union may also be determined in relation to exports to other third countries.
2017/04/06
Committee: IMCO
Amendment 284 #
Proposal for a regulation
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
2017/04/06
Committee: IMCO
Amendment 286 #
Proposal for a regulation
Article 42 – paragraph 1 a (new)
1a. The Commission shall amend Annex I only on the basis of one of the following grounds: (a) new scientific studies, reviewed by SCHER; (b) a comprehensive risk assessment; (c) further EFSA studies , covering all aspects of the food chain that identify clear link between contaminant in fertilising products and food safety.
2017/03/16
Committee: ENVI
Amendment 289 #
Proposal for a regulation
Article 42 – paragraph 2
2. Where the Commission amends Annex II in order to add newdeleted name of the micro- organisms; to the component material category for such organisms pursuant to paragraph 1, it shaxonomic classification of the historicall do so on the basis of the following data: (a) (b) micro-organism; (c) and use of the micro-organism (d) organism species fulfilling the requirements for a Qualified Presumption of Safety as established by the European Food Safety Agency; (e) toxins; (f) process; and (g) information on the identity of residual intermediates or microbial metabolites in the component material.ata of safe production taxonomic relation to micro- information on residue levels of information on the production
2017/03/16
Committee: ENVI
Amendment 291 #
Proposal for a regulation
Article 42 – paragraph 1 a (new)
1a. The Commission shall amend Annex I only on the basis of one of the following grounds: (a) new scientific studies, reviewed by SCHER; (b) a comprehensive risk assessment; (c) further EFSA studies , covering all aspects of the food chain that identify clear link between contaminant in fertilising products and food safety.
2017/04/06
Committee: IMCO
Amendment 295 #
Proposal for a regulation
Article 42 – paragraph 2
2. Where the Commission amends Annex II in order to add new micro- organisms to the component material category for such organisms pursuant to paragraph 1, it shall do so on the basis of the following data: (a) name of the micro-organism; (b) taxonomic classification of the micro- organism; (c) historical data of safe production and use of the micro-organism (d) taxonomic relation to micro-organism species fulfilling the requirements for a Qualified Presumption of Safety as established by the European Food Safety Agency; (e) information on residue levels of toxins; (f) information on the production process; and (g) information on the identity of residual intermediates or microbial metabolites in the component material.deleted
2017/04/06
Committee: IMCO
Amendment 296 #
Proposal for a regulation
Article 42 – paragraph 3
3. When adopting delegated acts in accordance with paragraph 1, the Commission may amend the component material categories set out in Annex II in order to add animal by-products within the meaning of Regulation (EC) No 1069/2009 only where an end point in the manufacturing chain has been determined for such products in accordance with the procedures laid down in that Regulation.
2017/03/16
Committee: ENVI
Amendment 303 #
Proposal for a regulation
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.
2017/03/16
Committee: ENVI
Amendment 308 #
Proposal for a regulation
Article 43 – paragraph 2
2. The power to adopt delegated acts referred to in point (f) of Article 40e(4) and Article 42 shall be conferred on the Commission for five years from [Publications office, please insert the date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
2017/03/16
Committee: ENVI
Amendment 308 #
Proposal for a regulation
Article 42 – paragraph 3
3. When adopting delegated acts in accordance with paragraph 1, the Commission may amend the component material categories set out in Annex II in order to add animal by-products within the meaning of Regulation (EC) No 1069/2009 only where an end point in the manufacturing chain has been determined for such products in accordance with the procedures laid down in that Regulation.
2017/04/06
Committee: IMCO
Amendment 309 #
Proposal for a regulation
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.
2017/04/06
Committee: IMCO
Amendment 316 #
Proposal for a regulation
Article 43 – paragraph 2
2. The power to adopt delegated acts referred to in point (f) of Article 40e(4) and Article 42 shall be conferred on the Commission for five years from [Publications office, please insert the date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
2017/04/06
Committee: IMCO
Amendment 332 #
Proposal for a regulation
Article 49 – paragraph 2
It shall apply from 1 January 2018, except for provisions of Annex I for PFC1(C)(I)2(a), (b) and (d), which shall come in force only once phosphate rock is removed from the list of Critical Raw Materials.
2017/03/16
Committee: ENVI
Amendment 334 #
Proposal for a regulation
Article 49 – paragraph 2
It shall apply from 1 January 2018[Publications office, please insert the date occurring five years after of the publication of this Regulation in the Official Journal of the European Union].
2017/03/16
Committee: ENVI
Amendment 336 #
Proposal for a regulation
Article 49 – paragraph 2
It shall apply from 1 January 2018[Publications office, please insert the date occurring five years after of the publication of this Regulation in the Official Journal of the European Union].
2017/04/06
Committee: IMCO
Amendment 339 #
Proposal for a regulation
Annex I – part 2 – PFC 1(A) – paragraph 1 – subparagraph 2
of solely biological origin, including peat, leonardite, lignite and humic substances obtained from them, but excluding other material which is fossilized or embedded in geological formations.
2017/03/17
Committee: ENVI
Amendment 343 #
Proposal for a regulation
Article 49 – paragraph 2
It shall apply from 1 January 2018, except for provisions of Annex I for PFC1(C)(I)2(a), (b) and (d), which shall come in force only once phosphate rock is removed from the list of Critical Raw Materials.
2017/04/06
Committee: IMCO
Amendment 347 #
Proposal for a regulation
Annex I – part 2 – PFC 1(A) – paragraph 2 – indent 1
- Cadmium (Cd) 1,580 mg/kg dry matterP2O5,
2017/03/17
Committee: ENVI
Amendment 348 #
Proposal for a regulation
Annex I – part 2 – PFC 1(A) – paragraph 2 – indent 1
- Cadmium (Cd) 1,580 mg/kg dry matter,P2O5
2017/03/17
Committee: ENVI
Amendment 348 #
Proposal for a regulation
Annex I – part II – PFC 1(A) – point 1 – paragraph 2
of solely biological origin, including peat, leonardite, lignite and humic substances obtained from them, but excluding other material which is fossilized or embedded in geological formations.
2017/04/03
Committee: IMCO
Amendment 351 #
Proposal for a regulation
Annex I – part II – PFC 1 (A) (I) – point 2 a (new)
2a. Where the CE marked fertilizing product contains more than one nutrient the product shall contain the primary declared nutrients in the minimum quantities stated below: □ 2,5% by mass of total nitrogen (N), or2% by mass of total phosphorus pentoxide (P2O5), or2% by mass of total potassium oxide (K2O), and 6,5% by mass of total sum of nutrients.
2017/04/03
Committee: IMCO
Amendment 356 #
Proposal for a regulation
Annex I – part 2 – PFC 1(A) – paragraph 3
3. Salmonella spp. shall be absent in a 25 g sample of the CE marked fertilising product. Clostridium botulinum shall be absent in a 10 g/10 ml sample of the CE marked fertilising product.
2017/03/17
Committee: ENVI
Amendment 360 #
Proposal for a regulation
Annex I – part 2 – PFC 1(A) – paragraph 4 a (new)
4a. Absence of resistant parasites eggs of Ascaris spp. and Toxocara spp. shall be demonstrated.
2017/03/17
Committee: ENVI
Amendment 360 #
Proposal for a regulation
Annex I – part II – PFC 1 (A) (II) – point 2 a (new)
2a. Where the CE marked fertilizing product contains more than one nutrient the product shall contain the primary declared nutrients in the minimum quantities stated below: □ 2% by mass of total nitrogen (N), or1% by mass of total phosphorus pentoxide (P2O5), or2% by mass of total potassium oxide (K2O), and 5% by mass of total sum of primary nutrients.
2017/04/03
Committee: IMCO
Amendment 362 #
Proposal for a regulation
Annex I – part II – PFC 1 (B) – point 1 – indent 2 – subindent 1
– organic carbon (C) and C/N ratio;
2017/04/03
Committee: IMCO
Amendment 363 #
Proposal for a regulation
Annex I – part II – PFC 1 (B) – point 1 – indent 2 – subparagraph 2
of solely biological origin, including peat, leonardite, lignite and humic substances obtained from them, but excluding other material which is fossilized or embedded in geological formations.
2017/04/03
Committee: IMCO
Amendment 366 #
Proposal for a regulation
Annex I – part II – PFC 1 (B) (I) – point 2 a (new)
2a. Where the CE marked fertilizing product contains more than one nutrient the product shall contain the primary declared nutrients in the minimum quantities stated below: 2,5% by mass of total nitrogen (N), out of which 1% by mass of the CE marked fertilizing product shall be organic nitrogen (N), or2% by mass of total phosphorus pentoxide (P2O5), or2% by mass of total potassium oxide (K2O), and 6,5% by mass of total sum of primary nutrients.
2017/04/03
Committee: IMCO
Amendment 372 #
Proposal for a regulation
Annex I – part II – PFC 1 (B) (II) – point 2 a (new)
2a. Where the CE marked fertilizing product contains more than one nutrient the product shall contain the primary declared nutrients in the minimum quantities stated below: 2% by mass of total nitrogen (N), out of which 0,5% by mass of the CE marked fertilizing product shall be organic (N), or2% by mass of total phosphorus pentoxide (P2O5), or2% by mass of total potassium oxide (K2O), and 6% by mass of total sum of nutrients.
2017/04/03
Committee: IMCO
Amendment 374 #
Proposal for a regulation
Annex I – part II – PFC 1 (C)
An inorganic mineral fertiliser shall be a fertiliser other than an organic or organo-mineral fertilisercontaining nutrients in a mineral form or processed into a mineral form from animal or plant origin. Urea and its condensation and association products shall be considered as containing nutrients in a mineral form.
2017/04/03
Committee: IMCO
Amendment 378 #
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 1 – subparagraph 2
of solely biological origin, including peat, leonardite, lignite and humic substances obtained from them, but excluding other material which is fossilized or embedded in geological formations.
2017/03/17
Committee: ENVI
Amendment 379 #
Proposal for a regulation
Annex I – part II – PFC 1 (C) (I) – point 1
1. An minorganiceral macronutrient fertiliser shall be aimed at providing plants with one or more of the following macronutrients: (a) Primary: nitrogen (N), phosphorus (P), and potassium (K),. (b) Secondary: magnesium (Mg), calcium (Ca), sulphur (S) or sodium (Na). The declarable 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. The declarable primary and secondary content is given by the P2O5, K2O, MgO, CaO, SO3, and Na2O form. New forms can be added after a scientific examination.
2017/04/03
Committee: IMCO
Amendment 382 #
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a
(a) Cadmium (Cd) - 80 mg/kg P2O5.
2017/03/17
Committee: ENVI
Amendment 383 #
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(a)(i) – point 1
1. A straight solid minorganiceral macronutrient fertiliser shall have a declared content of not more than oneone primary nutrient.
2017/04/03
Committee: IMCO
Amendment 386 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a) (i) – point 2 – indent 3
– 6% by mass of total potassium oxide (K2O), and can contain one or more secondary nutrients in the minimum quantity stated:
2017/04/03
Committee: IMCO
Amendment 389 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a) (i) – point 2 – indent 7
1from 1% to 10% by mass of total sodium oxide (Na2O).
2017/04/03
Committee: IMCO
Amendment 392 #
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 1
1. A compound solid minorganiceral macronutrient fertiliser shall have a declared content of more than one primary nutrient.
2017/04/03
Committee: IMCO
Amendment 394 #
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2
2. The CE marked fertilising product shall contain more than one of the followingprimary declared nutrients in the minimum quantities stated:
2017/04/03
Committee: IMCO
Amendment 397 #
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2 – indent 2
35% by mass of total phosphorus pentoxide (P2O5),
2017/04/03
Committee: IMCO
Amendment 399 #
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2 – indent 3
35% by mass of total potassium oxide (K2O), and can contain one or more secondary nutrients in the minimum quantity stated:
2017/04/03
Committee: IMCO
Amendment 401 #
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2 – indent 4
1,52% by mass of total magnesium oxide (MgO),
2017/04/03
Committee: IMCO
Amendment 403 #
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2 – indent 5
1,52% by mass of total calcium oxide (CaO),
2017/04/03
Committee: IMCO
Amendment 404 #
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 2 – indent 2
- As of [Publications office, please insert the date occurring three years after the date of application of this Regulation]: 40 mg/kg phosphorus pentoxide (P2O5), andeleted
2017/03/17
Committee: ENVI
Amendment 406 #
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2 – indent 6
1,5% by mass of total sulphur trioxide (SO3), or
2017/04/03
Committee: IMCO
Amendment 408 #
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2 – indent 7
1between 1% to 10% by mass of total sodium oxide (Na2O).
2017/04/03
Committee: IMCO
Amendment 411 #
Proposal for a regulation
Annex I – Part II – PFC 1(C)(I)(a)(i-ii)(A) – point 5 – indent 1
– following five thermal cycles as described under Heading 4.2 in Module A1 in Annex IV, for testing before placing on the market,
2017/04/03
Committee: IMCO
Amendment 414 #
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(b)(i) – point 1
1. A straight liquid minorganiceral macronutrient fertiliser shall have a declared content of not more than oneone primary nutrient.
2017/04/03
Committee: IMCO
Amendment 415 #
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(b)(i) – point 2 – introductory part
2. The CE marked fertilising product shall contain one of the followingprimary declared nutrients in the minimum quantity stated:
2017/04/03
Committee: IMCO
Amendment 417 #
Proposal for a regulation
Annex I – part II – PFC 1(C) (I) (b) (i) – point 2 – indent 3
– 3% by mass of total potassium oxide (K2O), and can contain one or more secondary nutrients in the minimum quantity stated:
2017/04/03
Committee: IMCO
Amendment 419 #
Proposal for a regulation
Annex I – part II – PFC 1(C) (I) (b) (i) – point 2 – indent 6
– 5% by mass of total sulphur trioxide (SO3), or
2017/04/03
Committee: IMCO
Amendment 421 #
Proposal for a regulation
Annex I – part II – PFC 1(C) (I) (b) (i) – point 2 – indent 7
1from 0,5% to 5% by mass of total sodium oxide (Na2O).
2017/04/03
Committee: IMCO
Amendment 423 #
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(b)(ii) – point 1
1. A compound liquid minorganiceral macronutrient fertiliser shall have a declared content of more than one primary nutrient.
2017/04/03
Committee: IMCO
Amendment 425 #
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(b)(ii) – point 2 – introductory part
2. The CE marked fertilising product shall contain more than one of the followingprimary declared nutrients in the minimum quantities stated:
2017/04/03
Committee: IMCO
Amendment 427 #
Proposal for a regulation
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 1
1,53% by mass of total nitrogen (N),
2017/04/03
Committee: IMCO
Amendment 430 #
Proposal for a regulation
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 2
1,53% by mass of total phosphorus pentoxide (P2O5),
2017/04/03
Committee: IMCO
Amendment 434 #
Proposal for a regulation
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 3
1,54% by mass of total potassium oxide (K2O), and can contain one or more secondary nutrients in the minimum quantity stated:
2017/04/03
Committee: IMCO
Amendment 435 #
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 3 – point e a (new)
(ea) biuret (C2H5N3O2) 12 g/kg
2017/03/17
Committee: ENVI
Amendment 437 #
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 4
4. Salmonella spp. shall be absent in a 25 g sample of the CE marked fertilising product. Clostridium botulinum shall be absent in a 10 g/10 ml sample of the CE marked fertilising product.
2017/03/17
Committee: ENVI
Amendment 438 #
Proposal for a regulation
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 4
0,754% by mass of total magnesium oxide (MgO),
2017/04/03
Committee: IMCO
Amendment 441 #
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 5 a (new)
5a. Absence of resistant parasites eggs of Ascaris spp. and Toxocara spp. shall be demonstrated.
2017/03/17
Committee: ENVI
Amendment 442 #
Proposal for a regulation
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 5
0,752% by mass of total calcium oxide (CaO),
2017/04/03
Committee: IMCO
Amendment 446 #
Proposal for a regulation
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 6
0,75% by mass of total sulphur trioxide (SO3), or
2017/04/03
Committee: IMCO
Amendment 450 #
Proposal for a regulation
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 7
0,from 0,5% to 5% by mass of total sodium oxide (Na2O).
2017/04/03
Committee: IMCO
Amendment 456 #
Proposal for a regulation
Annex I – part II – PFC 3(A) – point 1
1. An organic soil improver shall consist exclusively of material of solely biological origin, including peat, leonardite, lignite and humic substances obtained from them, but excluding other materials which isare fossilized or embedded in geological formations.
2017/04/03
Committee: IMCO
Amendment 460 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C) – paragraph 1
An inorganic mineral fertiliser shall be a fertiliser other than an organic or organo-mineral fertilisercontaining nutrients in a mineral form or processed into a mineral form from animal or plant origin. Urea and its condensation and association products shall be considered as containing nutrients in a mineral form.
2017/03/17
Committee: ENVI
Amendment 465 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 1
1. An minorganiceral macronutrient fertiliser shall be aimed at providing plants with one or more of the following macronutrients: (a) Primary: nitrogen (N), phosphorus (P), and potassium (K),. (b) Secondary: magnesium (Mg), calcium (Ca), sulphur (S) or sodium (Na). The declarable 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. The declarable primary and secondary content is given by the P2O5, K2O, MgO, CaO, SO3, and Na2O form. New forms can be added after a scientific examination.
2017/03/17
Committee: ENVI
Amendment 468 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a
(a) Cadmium (Cd) - 80 mg/kg P2O5.
2017/03/17
Committee: ENVI
Amendment 477 #
Proposal for a regulation
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, centrifugation, pressing, drying, freeze- dryingsieving, milling, centrifugation, pressing, drying, freeze- drying, buffering, extrusion, frost- treatment, sanitation by using heat, or extraction with water.
2017/04/03
Committee: IMCO
Amendment 478 #
Proposal for a regulation
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),
2017/03/17
Committee: ENVI
Amendment 493 #
Proposal for a regulation
Annex II – Part II – CMC 8 – point 1
1. A CE marked fertilising product may contain a substance or a mixture (including technological additives, for example: anti-caking agents, defoaming agents, anti-dust agents, dyes and rheological agents) intended to improve the fertilising product's nutrient release patterns, only if that substance's or mixture's compliance with the requirements of this Regulation for a product in PFC 5 of Annex I has been demonstrated in accordance with the conformity assessment procedure applicable to such an agronomic additive.
2017/04/03
Committee: IMCO
Amendment 495 #
Proposal for a regulation
Annex II – Part II – CMC 8 – point 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+) or ammonium (NH4+) and urea (CH4N2O).
2017/04/03
Committee: IMCO
Amendment 502 #
Proposal for a regulation
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 twelve years after the date of application of this Regulation]: 20 mg/kg phosphorus pentoxide (P2O5),deleted
2017/03/17
Committee: ENVI
Amendment 507 #
Proposal for a regulation
Annex II – part II – CMC 11 a (new)
CMC 11a: OTHER INDUSTRY BY- PRODUCTS 1. A CE marked fertilising product may contain other industry by-products coming from specific industrial processes, which are excluded from CMC 1 and are listed in the table below, under the conditions specified therein: 2. Until [Publications office, please insert the date occurring 5 years after the publication of this regulation in the Official Journal of the European Union] the following currently used industrial by- products are allowed to be used as component materials of CE market fertilizing products: ammonium sulfate, sulfuric acid, iron sulfate, ammonia, magnesium sulfate, magnesium nitrate and anti-caking agents, when obtained as by-products or co-products of specific industrial processes.
2017/04/03
Committee: IMCO
Amendment 510 #
Proposal for a regulation
Annex III – part 1 – point 2 – point c
(c) IShort instructions for intended use, including intended application rate and intended target plants;
2017/04/03
Committee: IMCO
Amendment 513 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point d
(d) Nickel (Ni) 1240 mg/kg dry matter,
2017/03/17
Committee: ENVI
Amendment 516 #
Proposal for a regulation
Annex III – part 2 – PFC 1 – point 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+) or ammonium nitrogen (NH4+) and urea nitrogen (CH4N2O).
2017/04/03
Committee: IMCO
Amendment 518 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) – paragraph 2 – point g
(g) Bbiuret (C2H5N3O2) 12 g/kg dry matter, and(twelve) g/kg
2017/03/17
Committee: ENVI
Amendment 521 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 1
1. A straight solid minorganiceral macronutrient fertiliser shall have a declared content of not more than oneone primary nutrient.
2017/03/17
Committee: ENVI
Amendment 522 #
Proposal for a regulation
Annex III – Part 2 – PFC 1(A) – point 1 – point d – indent 6
– Organic carbon (C); and C/N ratio;
2017/04/03
Committee: IMCO
Amendment 523 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 2 – introductory part
2. The CE marked fertilising product shall contain one of the followingprimary declared nutrients in the minimum quantity stated:
2017/03/17
Committee: ENVI
Amendment 523 #
Proposal for a regulation
Annex III – Part 2 – PFC 1(B) – point 1 – point e
(e) where urea (CH4N2O) is present, information about the possible air quality impacts of the release of ammonia from the fertiliser use, and an invitation to users to apply appropriate remediation measures.deleted
2017/04/03
Committee: IMCO
Amendment 525 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 2 – indent 3 a (new)
- and can contain one or more secondary nutrients in the minimum quantity stated:
2017/03/17
Committee: ENVI
Amendment 529 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 2 – indent 6
- 10% by mass of total sulphur trioxide (SO3), or
2017/03/17
Committee: ENVI
Amendment 530 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 2 – indent 7
- 1from 1% to 10% by mass of total sodium oxide (Na2O).
2017/03/17
Committee: ENVI
Amendment 530 #
Proposal for a regulation
Annex III – part 2 – PFC1 (C) (I) – point 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, and N from crotonylidene diurea. 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 40% of total P2O5, – minimum level 75% of total P2O5, solubility in neutral ammonium citrate, – solubility in formic acid (only for soft rock phosphate): minimum level 55% of total P2O5.
2017/04/03
Committee: IMCO
Amendment 532 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 1
1. A compound solid minorganiceral macronutrient fertiliser shall have a declared content of more than one primary nutrient.
2017/03/17
Committee: ENVI
Amendment 534 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2
2. The CE marked fertilising product shall contain more than one of the followingprimary declared nutrients in the minimum quantities stated:
2017/03/17
Committee: ENVI
Amendment 535 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2 – indent 2
- 35% by mass of total phosphorus pentoxide (P2O5),
2017/03/17
Committee: ENVI
Amendment 536 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2 – indent 3
- 35% by mass of total potassium oxide (K2O),
2017/03/17
Committee: ENVI
Amendment 536 #
Proposal for a regulation
Annex III – part 2 – PFC1 (C) (I) – point 1 – point e
(e) where urea (CH4N2O) is present, information about the possible air quality impacts of the release of ammonia from the fertiliser use, and an invitation to users to apply appropriate remediation measures.deleted
2017/04/03
Committee: IMCO
Amendment 538 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2 – indent 3 a (new)
- and can contain one or more secondary nutrients in the minimum quantity stated:
2017/03/17
Committee: ENVI
Amendment 539 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2 – indent 4
- 1,52% by mass of total magnesium oxide (MgO),
2017/03/17
Committee: ENVI
Amendment 540 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2 – indent 5
- 1,52% by mass of total calcium oxide (CaO),
2017/03/17
Committee: ENVI
Amendment 541 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2 – indent 6
- 1,5% by mass of total sulphur trioxide (SO3), or
2017/03/17
Committee: ENVI
Amendment 542 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2 – indent 7
- 1between 1% to 10% by mass of total sodium oxide (Na2O).
2017/03/17
Committee: ENVI
Amendment 543 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(i-ii) (A) – paragraph 5 – indent 1
- following five thermal cycles as described under Heading 4.2 in Module A1 in Annex IV, for testing before placing on the market,
2017/03/17
Committee: ENVI
Amendment 544 #
Proposal for a regulation
Annex III – Part 2 – PFC 1(C)(I)(a) – point 3 – point c
(c) powder, where at least 90% of the product can pass through a sieve with a mesh of 10 mm, or
2017/04/03
Committee: IMCO
Amendment 547 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (b)(i) – paragraph 1
1. A straight liquid minorganiceral macronutrient fertiliser shall have a declared content of not more than oneone primary nutrient.
2017/03/17
Committee: ENVI
Amendment 549 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (b)(i) – paragraph 2 – introductory part
2. The CE marked fertilising product shall contain one of the followingprimary declared nutrients in the minimum quantity stated:
2017/03/17
Committee: ENVI
Amendment 550 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (b)(i) – paragraph 2 – indent 3 a (new)
- and can contain one or more secondary nutrients in the minimum quantity stated:
2017/03/17
Committee: ENVI
Amendment 552 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (b)(i) – paragraph 2 – indent 6
- 5% by mass of total sulphur trioxide (SO3), or
2017/03/17
Committee: ENVI
Amendment 552 #
Proposal for a regulation
Annex III – part 3 –PFC 1(A)
Permissible Permissible tolerance for the tolerance for the declared nutrient declared nutrient content and other content and other declared declared parameter parameter Organic carbon ± 2015 % relative (C) deviation of the declared value up declared value up to a maximum of to a maximum of 2,0 percentage 2,0 percentage point in absolute point in absolute terms terms Dry matter ± 5,0 percentage content point in absolute terms terms Total nitrogen ± 150 % relative (N) deviation of the declared value up declared value up to a maximum of to a maximum of 1,0 percentage 1,0 percentage point in absolute point in absolute terms terms Organic nitrogen ± 150 % relative (N) deviation of the declared value up declared value up to a maximum of to a maximum of 1,0 percentage 1,0 percentage point in absolute point in absolute terms terms Total phosphorus ± 150 % relative pentoxide (P2O5) deviation of the declared value up declared value up to a maximum of to a maximum of 1,0 percentage 1,0 percentage point in absolute point in absolute terms terms Total potassium ± 150 % relative oxide (K2O) deviation of the declared value up declared value up to a maximum of to a maximum of 1,0 percentage 1,0 percentage point in absolute point in absolute terms terms Total and water- ± 25% of the soluble declared content magnesium of those nutrients oxide, calcium up to a maximum oxide, sulphur of 1,5 percentage trioxide or points in absolute sodium oxide terms. Total copper (Cu) ± 50 % relative Total zinc (Zn) ± 50 % relative Quantity - 5 % relative deviation of the deviation of the declared value up declared value up to a maximum of to a maximum of 2,5 percentage 2,5 percentage points in absolute points in absolute terms terms Total zinc (Zn) ± 50 % relative deviation of the deviation of the declared value up declared value up to a maximum of to a maximum of 2,0 percentage 2,0 percentage points in absolute points in absolute terms terms Quantity - 5 % relative deviation of the deviation of the declared value declared value Declared forms Binaries: of nitrogen, maximum phosphorus and tolerance, in potassium absolute terms, of 1,1 N and 0,5 organic N, 1,1 P2O5, 1,1 K2O and 1,5 for the sum of two nutrients. Ternaries: maximum tolerance, in absolute terms, of 1,1 N and 0,5 organic N, 1,1 P2O5, 1,1 K2O and 1,9 for the sum of three nutrients. ± 10 % of the total declared content of each nutrient up to a maximum of 2 percentage points in absolute terms.
2017/04/03
Committee: IMCO
Amendment 553 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (b)(i) – paragraph 2 – indent 7
- 1from 0,5% to 5% by mass of total sodium oxide (Na2O).
2017/03/17
Committee: ENVI
Amendment 555 #
Proposal for a regulation
Annex III – part 3 –PFC 1(B) – table 1
Permissible tolerance for the declared content of forms of inorganic macronutrient N P2O5 K2 MgO CaO SO3 Na2O O ± 25% of the declared ± 25% of the declared-50% and +100% of the ± 25% of the content of the nutrient forms declared content of those nutrients up declared content up present up to a maximum of nutrients up to a maximum of 1,5 to a maximum of 0,.9 2 percentage point in -2 and +4 percentage points in absolute percentage points in absolute terms for each in absolute terms. absolute terms nutrient separately and for the sum of nutrients
2017/04/03
Committee: IMCO
Amendment 556 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (b)(ii) – paragraph 1
1. A compound liquid minorganiceral macronutrient fertiliser shall have a declared content of more than one primary nutrient.
2017/03/17
Committee: ENVI
Amendment 558 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – introductory part
2. The CE marked fertilising product shall contain more than one of the followingprimary declared nutrients in the minimum quantities stated:
2017/03/17
Committee: ENVI
Amendment 558 #
Proposal for a regulation
Annex III – part 3 –PFC 1(B)
Organic carbon: 20± 15 % relative deviation of the declared value up to a maximum of 2,0 percentage point in absolute terms Organic nitrogen: 50± 15 % relative deviation of the declared value up to a maximum of 1,0 percentage point in absolute terms Total copper (Cu) ± 50 % relative deviation of the declared value up to a maximum of 2,5 percentage points in absolute terms Total zinc (Zn) ± 50 % relative deviation of the declared value up to a maximum of 2,0 percentage points in absolute terms
2017/04/03
Committee: IMCO
Amendment 559 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 1
- 1,53% by mass of total nitrogen (N),
2017/03/17
Committee: ENVI
Amendment 560 #
Proposal for a regulation
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 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
2017/04/03
Committee: IMCO
Amendment 561 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 2
- 1,53% by mass of total phosphorus pentoxide (P2O5),
2017/03/17
Committee: ENVI
Amendment 563 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 3
- 1,54% by mass of total potassium oxide (K2O),
2017/03/17
Committee: ENVI
Amendment 565 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 3 a (new)
- and can contain one or more secondary nutrients in the minimum quantity stated:
2017/03/17
Committee: ENVI
Amendment 567 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 4
- 0,754% by mass of total magnesium oxide (MgO),
2017/03/17
Committee: ENVI
Amendment 567 #
Proposal for a regulation
Annex III – part 3 – PFC 3
Forms of the declared nutrient and other Permissible tolerances for the declared declared quality criteria parameter pH ± 0,7 at the time of manufacture ± 1,0± 0,9 at any time in the distribution chain Organic carbon (C) ± 10% relative deviation of the declared value up to a maximum of 1,0 percentage points in absolute terms Total nitrogen (N) ± 20% relative deviation up to a maximum of 1,0 percentage point in absolute terms Total phosphorus pentoxide (P2O5) ± 20% relative deviation up to a maximum of 1,0 percentage point in absolute terms Total potassium oxide (K2O) ± 20% relative deviation up to a maximum of 1,0 percentage point in absolute terms Dry matter ± 10% relative deviation of the declared value Quantity - 5% relative deviation of the declared value at the time of manufacture - 215% relative deviation of the declared value at any time in the distribution chain Carbon (C) org /Nitrogen (N) org ± 20% relative deviation of the declared value up to a maximum of 2,0 percentage points in absolute terms Granulometry ± 10 % relative deviation applicable to the declared percentage of material passing a specific sieve.
2017/04/03
Committee: IMCO
Amendment 568 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 5
- 0,752% by mass of total calcium oxide (CaO),
2017/03/17
Committee: ENVI
Amendment 569 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 6
- 0,75% by mass of total sulphur trioxide (SO3), or
2017/03/17
Committee: ENVI
Amendment 570 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 7
- 0,from 0,5% to 5% by mass of total sodium oxide (Na2O).
2017/03/17
Committee: ENVI
Amendment 570 #
Proposal for a regulation
Annex III – part 3 – PFC 4
Forms of the declared nutrient and other Permissible tolerances for the declared declared quality criteria parameter Electric conductivity ± 50% relative deviation at the time of manufacture ± 7560% relative deviation at any time in the distribution chain pH ± 0,7 at the time of manufacture ± 1,0 ± 0,9 at any time in the distribution chain Quantity by volume (litres or m³) - 5% relative deviation at the time of manufacture - 215% relative deviation at any time in the distribution chain Quantity (volume) determination of - 5% relative deviation at the time of materials with particle size greater than 60 manufacture mm mm - 215% relative deviation at any time in the distribution chain Quantity (volume) determination of pre- - 5% relative deviation at the time of shaped GM manufacture - 215% relative deviation at any time in the distribution chain Water-soluble nitrogen (N) ± 50% relative deviation at the time of manufacture ± 7560% relative deviation at any time in the distribution chain Water-soluble phosphorus pentoxide ± 50% relative deviation at the time of (P2O5) manufacture ± 7560% relative deviation at any time in the distribution chain Water-soluble potassium oxide (K2O) ± 50% relative deviation at the time of manufacture ± 7560% relative deviation at any time in the distribution chain
2017/04/03
Committee: IMCO
Amendment 575 #
Proposal for a regulation
Annex IV – part 2 – module A – point 2.2 – point b
(b) conceptual design and manufacturing drawings and schemes,deleted
2017/04/03
Committee: IMCO
Amendment 578 #
Proposal for a regulation
Annex IV – part 2 – module A – point 2.2 – point c
(c) descriptions and explanations necessary for the understanding of those drawings and schemes and the use of the CE marked fertilising product,deleted
2017/04/03
Committee: IMCO
Amendment 580 #
Proposal for a regulation
Annex I – part 2 – PFC 3 (A) – paragraph 1
1. An organic soil improver shall consist exclusively of material of solely biological origin, including peat, leonardite, lignite and humic substances obtained from them, but excluding other materials which isare fossilized or embedded in geological formations.
2017/03/17
Committee: ENVI
Amendment 583 #
Proposal for a regulation
Annex IV – part 2 – Module A1 – point 4 – paragraph 1
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 at least every 3six months in the case of continuous operation of the plant or every year for the periodic production on behalf of the manufacturer, in order to verify conformity with
2017/04/03
Committee: IMCO
Amendment 589 #
Proposal for a regulation
Annex I – part 2 – PFC 3(A) – paragraph 3 – point a
(a) Salmonella spp. shall be absent in a 25 g sample of the CE marked fertilising product. Clostridium botulinum shall be absent in a 10 g/10 ml sample of the CE marked fertilising product.
2017/03/17
Committee: ENVI
Amendment 592 #
Proposal for a regulation
Annex I – part 2 – PFC 3(A) – paragraph 3 – point b a (new)
(b a) Absence of resistant parasites eggs of Ascaris spp. and Toxocara spp. shall be demonstrated.
2017/03/17
Committee: ENVI
Amendment 594 #
Proposal for a regulation
Annex V a (new)
WTO Compatible Limit of Cadmium in Fertilizers Any producer of fertilizing products that is able to prove - to the satisfaction of the competent authority - that the average Cd level in its CE market fertilising product placed on the market is not higher than 80 mg/1 kg P2O5 will be deemed to satisfy – with respect to its fertilizing products - the requirement of Article 4(1)(a) of the Regulation with respect to any of its EC- marked fertilising products as the limit of cadmium in , PFC1(C)(I) 2(a) is concerned. For EU producers, the competent authority is the relevant authority in the Member State where it is established. For non-EU producers, the competent authority is the Commission.
2017/04/03
Committee: IMCO
Amendment 608 #
Proposal for a regulation
Annex I – part 2 – PFC 4 – paragraph 3
3. Salmonella spp. shall be absent in a 25 g sample of the CE marked fertilising product. Clostridium botulinum shall be absent in a 10 g/10 ml sample of the CE marked fertilising product.
2017/03/17
Committee: ENVI
Amendment 610 #
Proposal for a regulation
Annex I – part 2 – PFC 4 – paragraph 4 a (new)
4a. Absence of resistant parasites eggs of Ascaris spp. and Toxocara spp. shall be demonstrated.
2017/03/17
Committee: ENVI
Amendment 730 #
Proposal for a regulation
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+) or ammonium (NH4+) and urea (CH4N2O).
2017/04/05
Committee: ENVI
Amendment 780 #
Proposal for a regulation
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+) or ammonium nitrogen (NH4+) and urea nitrogen (CH4N2O).
2017/04/05
Committee: ENVI
Amendment 786 #
Proposal for a regulation
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, and N from crotonylidene diurea. 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 40% of total P205, – minimum level 75% of total P205, solubility in neutral ammonium citrate, – solubility in formic acid (only for soft rock phosphate): minimum level 55% of total P205.
2017/04/05
Committee: ENVI
Amendment 799 #
Proposal for a regulation
Annex III – part 2 – PFC 1(C)(I) – paragraph 1 – point e
(e) where urea (CH4N2O) is present, information about the possible air quality impacts of the release of ammonia from the fertiliser use, and an invitation to users to apply appropriate remediation measures.deleted
2017/04/05
Committee: ENVI
Amendment 800 #
Proposal for a regulation
Annex III – part 2 – PFC 1 (C)(I) – paragraph 1 – point e
(e) where urea (CH4N2O) is present, information about the possible air quality impacts of the release of ammonia from the fertiliser use, and an invitation to users to apply appropriate remediation measures.deleted
2017/04/05
Committee: ENVI
Amendment 838 #
Proposal for a regulation
Annex IV – part 2 – Module A – paragraph 2.2 – point c
(c) descriptions and explanations necessary for the understanding of those drawings and schemes and the use of the CE marked fertilising product,deleted
2017/04/05
Committee: ENVI
Amendment 841 #
Proposal for a regulation
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 at least every 3six months in the case of continuous operation of the plant or every year for the periodic production on behalf of the manufacturer, in order to verify conformity with
2017/04/05
Committee: ENVI
Amendment 853 #
Proposal for a regulation
Annex V a (new)
WTO Compatible Limit of Cadmium infertilisers Any producer of fertilising products that is able to prove - to the satisfaction of the competent authority - that the average Cd level in its CE marked fertilising product placed on the market is not higher than 80 mg/1 kg P205 will be deemed to satisfy – with respect to its fertilising products - the requirement of Article 4(1)(a) of the Regulation with respect to any of its EC- marked fertilising products as the limit of cadmium in, PFC 1(C)(I) 2(a) is concerned. For EU producers, the competent authority is the relevant authority in the Member State where it is established. For non-EU producers, the competent authority is the Commission.
2017/04/05
Committee: ENVI