Explanatory Memorandum to COM(2001)508 - Fertilizers - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2001)508 - Fertilizers. |
|---|---|
| source | COM(2001)508  |
| date | 14-09-2001 |
Contents
- 1.1. Policy
- 1.2. Directives concerned
- 1.3. Drafting Methodology and Structure
- 1.3.1. SLIM recommendations
- 1.3.2. Structure
- 1.4. Cadmium
- 1.4.1. The problem
- 1.4.2. Strategy
- 2. Specific Comments
- E.1.5. Manganese
- E.2. Minimum micro-nutrient content, percentage weight of fertilizer
- 1. Inorganic straight primary nutrient fertilizers - absolute value in percentage by mass expressed as N, P2O5, K2O, mgo, Cl
- 2. INORGANIC COMPOUND PRIMARY NUTRIENT FERTILIZERS
- 3. SECONDARY NUTRIENTS IN FERTILIZERS
- 4. MICRO-NUTRIENTS IN FERTILIZERS
- 1. CHARACTERISTICS OF AND LIMITS FOR STRAIGHT AMMONIUM NITRATE FERTILIZERS OF HIGH NITROGEN CONTENT
- 2. DESCRIPTION OF THE TEST OF RESISTANCE TO DETONATION CONCERNING AMMONIUM NITRATE FERTILIZERS OF HIGH NITROGEN CONTENT
- 3. METHODS OF CHECKING COMPLIANCE WITH THE LIMITS SPECIFIED
- 4. DETERMINATION OF RESISTANCE TO DETONATION
- 1. PURPOSE AND SCOPE
- 2. SAMPLING OFFICERS
- 3. DEFINITIONS
- 4. APPARATUS
- 5. QUANTITATIVE REQUIREMENTS
- 6. INSTRUCTIONS FOR TAKING, PREPARING AND PACKAGING THE SAMPLES
- 7. PACKAGING OF FINAL SAMPLES
- 8. SAMPLING RECORD
- 9. DESTINATION OF SAMPLES
- Method 3.1.4 - EXTRACTION OF PHOSPHORUS WHICH IS SOLUBLE IN NEUTRAL
- Method 3.1.5.2 - Extraction of the soluble phosphorus according to Petermann at ambient temperature
- 1. General Comments
- 1.1. Policy
- 1.2. Directives concerned
- 1.3. Drafting Methodology and Structure
- 1.3.1. SLIM recommendations
- 1.3.2. Structure
- 1.4. Cadmium
- 1.4.1. The problem
- 1.4.2. Strategy
- 2. Specific Comments
- Article 24 As in the previous Directive
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
relating to fertilizers
ANNEX I - List of types of EC fertilizers
A. Inorganic straight primary nutrient fertilizers
A.1. Nitrogenous fertilizers
A.2. Phosphatic fertilizers
A.3. Potassic fertilizers
B. Inorganic compound primary nutrient fertilizers
B.1. NPK fertilizers
B.2. NP fertilizers
B.3. NK fertilizers
B.4. PK fertilizers
C. Inorganic fluid fertilizers
C.1. Straight fluid fertilizers
C.2. Compound fluid fertilizers
D. Inorganic secondary nutrient fertilizers
E. Inorganic micro-nutrient fertilizers
E.1. Fertilizers containing only one micro-nutrient
E.1.1. Boron...
E.1.2. Cobalt..
E.1.3. Copper.
E.1.4 Iron.....
E.1.6. Molybdenum
E.1.7. Zinc.....
E.3. List of authorised organic chelating and complexing agents for micro-nutrients
ANNEX II - Tolerances
1. Inorganic straight primary nutrient fertilizers - absolute value in percentage by mass expressed as N, P2O5, K2O, mgo, Cl
ANNEX III - Technical provisions for Ammonium Nitrate Fertilizers of High Nitrogen Content
1. CHARACTERISTICS OF AND LIMITS FOR STRAIGHT AMMONIUM NITRATE FERTILIZERS OF HIGH NITROGEN CONTENT
2. DESCRIPTION OF THE TEST OF RESISTANCE TO DETONATION CONCERNING AMMONIUM NITRATE FERTILIZERS OF HIGH NITROGEN CONTENT
IN ANNEXES III-1 and III-2
ANNEX IV - Methods of Sampling and Analysis
A. METHOD OF SAMPLING FOR THE CONTROL OF FERTILIZERS
B. METHODS FOR THE ANALYSIS OF FERTILIZERS
GENERAL OBSERVATIONS
GENERAL PROVISIONS RELATING TO METHODS OF ANALYZING FERTILIZERS
Method 1 - PREPARATION OF THE SAMPLE FOR ANALYSIS
Methods 2 - NITROGEN
Method 2.1 - DETERMINATION OF AMMONIACAL NITROGEN
Methods 2.2 - DETERMINATION OF NITRIC AND AMMONIACAL NITROGEN
Method 2.2.1 - DETERMINATION OF NITRIC AND AMMONIACAL NITROGEN
ACCORDING TO ULSCH
Method 2.2.2 - DETERMINATION OF NITRIC AND AMMONIACAL NITROGEN ACCORDING TO ARND
Method 2.2.3 - DETERMINATION OF NITRIC AND AMMONIACAL NITROGEN ACCORDING TO DEVARDA
Method 2.3 - DETERMINATION OF TOTAL NITROGEN
Method 2.3.1 - DETERMINATION OF THE TOTAL NITROGEN IN CALCIUM CYANAMIDE NITRATE FREE
Method 2.3.2 - DETERMINATION OF TOTAL NITROGEN IN CALCIUM CYANAMIDE
CONTAINING NITRATES
Method 2.3.3 - DETERMINATION OF TOTAL NITROGEN IN UREA
Method 2.4 - DETERMINATION OF CYANAMIDE NITROGEN
Method 2.5 - SPECTROPHOTOMETRIC DETERMINATION OF BIURET IN UREA
Methods 2.6 - DETERMINATION OF DIFFERENT FORMS OF NITROGEN IN THE SAME
SAMPLE
Method 2.6.1 - DETERMINATION OF DIFFERENT FORMS OF NITROGEN IN THE SAME SAMPLE IN FERTILIZERS CONTAINING NITROGEN AS NITRIC, AMMONIACAL, UREA AND CYANAMIDE NITROGEN
Method 2.6.2 - DETERMINATION OF DIFFERENT FORMS OF NITROGEN IN FERTILIZERS CONTAINING NITROGEN ONLY AS NITRIC AMMONIACAL AND UREA NITROGEN
Methods 3 - PHOSPHORUS
Methods 3.1 - EXTRACTIONS
Method 3.1.1 - EXTRACTION OF PHOSPHORUS SOLUBLE IN MINERAL ACIDS
Method 3.1.2 - EXTRACTION OF THE PHOSPHORUS SOLUBLE IN 2 % FORMIC ACID (20 g per litre)
Method 3.1.3 - EXTRACTION OF PHOSPHORUS SOLUBLE IN 2 % CITRIC ACID (20 g per litre)
AMMONIUM CITRATE
Methods 3.1.5 - EXTRACTION BY ALKALINE AMMONIUM CITRATE
Method 3.1.5.1 - Extraction of soluble phosphorus according to Petermann at 65 °C
Method 3.1.5.2 - Extraction of the soluble phosphorus according to Petermann at ambient temperature
Method 3.1.5.3 - Extraction of the phosphorus soluble in Joulie's alkaline ammonium citrate
Method 3.1.6 - EXTRACTION OF WATER SOLUBLE PHOSPHORUS
Method 3.2 - DETERMINATION OF EXTRACTED PHOSPHORUS (Gravimetric Method using quinoline phosphomolybdate)
Method 4 - POTASSIUM
Method 4.1 - DETERMINATION OF THE WATER SOLUBLE POTASSIUM CONTENT
Method 5
Method 6 - CHLORINE
Method 6.1 - DETERMINATION OF CHLORIDES IN THE ABSENCE OF ORGANIC
MATERIAL
Methods 7 - FINENESS OF GRINDING
Method 7.1 - DETERMINATION OF FINENESS OF GRINDING (dry procedure)
Method 7.2 - DETERMINATION OF THE FINENESS OF GRINDING OF SOFT NATURAL
PHOSPHATES
Methods 8 - SECONDARY NUTRIENTS
Method 8.1 - EXTRACTION OF TOTAL CALCIUM, TOTAL MAGNESIUM, TOTAL
SODIUM AND TOTAL SULPHUR IN THE FORM OF SULPHATES
Method 8.2 - EXTRACTION OF TOTAL SULPHUR PRESENT IN VARIOUS FORMS
Method 8.3 - EXTRACTION OF WATER-SOLUBLE CALCIUM, MAGNESIUM, SODIUM AND SULPHUR (in the form of sulphates)
Method 8.4 - EXTRACTION OF WATER-SOLUBLE SULPHUR WHERE THE SULPHUR
IS IN VARIOUS FORMS
Method 8.5 - EXTRACTION AND DETERMINATION OF ELEMENTAL SULPHUR
Method 8.6 - MANGANIMETRIC DETERMINATION OF EXTRACTED CALCIUM FOLLOWING PRECIPITATION IN THE FORM OF OXALATE
Method 8.7 - DETERMINATION OF MAGNESIUM BY ATOMIC ABSORPTION SPECTROMETRY
Method 8.8 - DETERMINATION OF MAGNESIUM BY COMPLEXOMETRY
Method 8.9 - DETERMINATION OF SULPHATES
Method 8.10 - DETERMINATION OF THE SODIUM EXTRACTED
Methods 9 - MICRO-NUTRIENTS at a concentration of less than or equal to 10%
Method 9.1 - EXTRACTION OF TOTAL MICRO-NUTRIENTS
Method 9.2 - EXTRACTION OF WATER-SOLUBLE MICRO-NUTRIENTS
Method 9.3 - REMOVAL OF ORGANIC COMPOUNDS FROM FERTILIZER EXTRACTS
Method 9.4 - DETERMINATION OF MICRO-NUTRIENTS IN FERTILIZER EXTRACTS BY ATOMIC ABSORPTION SPECTROMETRY (general procedure)
Method 9.5 - DETERMINATION OF BORON IN FERTILIZER EXTRACTS BY MEANS OF SPECTROMETRY WITH AZOMETHINE-H
Method 9.6 - DETERMINATION OF COBALT IN FERTILIZER EXTRACTS BY ATOMIC ABSORPTION SPECTROMETRY
Method 9.7 - DETERMINATION OF COPPER IN FERTILIZER EXTRACTS BY ATOMIC ABSORPTION SPECTROMETRY
Method 9.8 - DETERMINATION OF IRON IN FERTILIZER EXTRACTS BY ATOMIC ABSORPTION SPECTROMETRY
Method 9.9 - DETERMINATION OF MANGANESE IN FERTILIZER EXTRACTS BY ATOMIC ABSORPTION SPECTROMETRY
Method 9.10 - DETERMINATION OF MOLYBDENUM IN FERTILIZER EXTRACTS BY SPECTROMETRY OF A COMPLEX WITH AMMONIUM THIOCYANATE
Method 9.11 - DETERMINATION OF ZINC IN FERTILIZER EXTRACTS BY ATOMIC ABSORPTION SPECTROMETRY
Methods 10 - MICRO-NUTRIENTS AT A CONCENTRATION GREATER THAN 10 %
Method 10.1 - EXTRACTION OF TOTAL MICRO-NUTRIENTS
Method 10.2 - EXTRACTION OF WATER-SOLUBLE MICRO-NUTRIENTS
Method 10.3 - REMOVAL OF ORGANIC COMPOUNDS FROM FERTILIZER EXTRACTS
Method 10.4 - DETERMINATION OF MICRO-NUTRIENTS IN FERTILIZER EXTRACTS
BY ATOMIC ABSORPTION SPECTROMETRY (general procedure)
Method 10.5 - DETERMINATION OF BORON IN FERTILIZER EXTRACTS BY MEANS
OF ACIDIMETRIC TITRATION
Method 10.6 - DETERMINATION OF COBALT IN FERTILIZER EXTRACTS BY THE GRAVIMETRIC METHOD WITH 1-NITROSO-2-NAPHTHOL
Method 10.7 - DETERMINATION OF COPPER IN FERTILIZER EXTRACTS BY THE TITRIMETRIC METHOD
Method 10.8 - DETERMINATION OF IRON IN FERTILIZER EXTRACTS BY ATOMIC ABSORPTION SPECTROMETRY
Method 10.9 - DETERMINATION OF MANGANESE IN FERTILIZER EXTRACTS BY TITRATION
Method 10.10 - DETERMINATION OF MOLYBDENUM IN FERTILIZER EXTRACTS BY THE GRAVIMETRIC METHOD WITH 8-HYDROXYQUINOLINE
Method 10.11 - DETERMINATION OF ZINC IN FERTILIZER EXTRACTS BY ATOMIC ABSORPTION SPECTROMETRY
ANNEX V
A. List of documents to be consulted by manufacturers or their representatives in order to compile a technical file for a new type of fertilizers to be added to annex I of this regulation
B. Standards of accreditation concerning the laboratories that are competent and authorised to provide the necessary service for checking compliance of EC fertilizers with the requirements of this Regulation and its annexes
IMPACT ASSESSMENT FORM - DRAFT OF THE IMPACT OF THE PROPOSAL ON BUSINESS WITH SPECIAL REFERENCE TO SMALL AND MEDIUM-
SIZED ENTERPRISES (SMEs)
EXPLANATORY MEMORANDUM
In the context of a people's Europe, the Commission attaches great importance to simplifying and clarifying Community law so as to make it more accessible to the ordinary citizen, thus giving him new opportunities and the chance to make use of the specific rights it gives him.
This aim cannot be achieved as long as numerous provisions that have been amended several times remain scattered, so that they must be sought partly in the original instrument and partly in later amending ones. Considerable research work, comparing many different instruments, is thus needed to identify the current rules.
For this reason, a consolidation of rules that have frequently been amended is essential if Community law is to be clear and transparent.
The attached proposal of the Commission is a recast of Council and Commission Directives on the approximation of the laws of the Member States relating to fertilizers. It integrates within a single text the following Directives:
- Council Directive 76/116/EEC of 18 December 1975 on the approximation of the laws of the Member States relating to fertilizers;
- Council Directive 80/876/EEC of 15 July 1980 on the approximation of the laws of the Member States relating to straight ammonium nitrate fertilizers on high nitrogen content;
- Commission Directive 87/94/EEC of 8 December 1986 on the approximation of the laws of the Member States relating to procedures for the control of characteristics of, limits for and resistance to detonation of straight ammonium nitrate fertilizers of high nitrogen content;
- Commission Directive 77/535/EEC of 22 June 1977 on the approximation of the laws of the Member States relating to methods of sampling and analysis for fertilizers,
and the various amendments and adaptations to technical progress to these directives (see first whereas of the attached proposal).
Recommendations on what to include into the simplification of the fertilizer legislation were given by the Commission's SLIM II working group in its final report dated 27 October 1997. This, as well as all other points of relevance have been discussed in detail by the Commission's fertilizer working group (here: the working group), where experts from Member States and Industry gave their advice in altogether 13 days of meetings between March 1998 and December 2000. Implementation of this advice had to be guided by scientific, legal and pragmatic considerations. In particular, the SLIM group's recommendations to address certain issues in the recast have been taken into account as follows:
(a) Establishment of an ad-hoc group to advise the Commission For largest possible flexibility it is proposed to leave this to be organised by the Commission's working group on fertilizers on a case by case basis. Article 32 of the recast gives information on how to submit a proposal concerning fertilizers to the Commission.
(b) Criteria for the decision on new types of fertilizers (incl. organic). See Article 14.
(c) Requirements for types fertilizers to be added to the list. See Article 14.
(d) Requirement for mixtures of fertilizers according to compatibility. This is implicitly included in Article 14.
(e) Requirements for peer-reviewing of dossiers of new types of fertilizers with health and safety concerns. This is implicitly part of Article 14. The working group has agreed to decide on a case by case basis to ask for peer-reviewing of proposals.
(f) Conditions for adding new fertilizer groups. The working group has agreed that types of fertilizers of new fertilizer groups (e.g. organic) will only be considered after adoption of this recast and Article 14 provides for the necessity to define test methods.
(g) Controls by network of accredited laboratories and reports. Provisions are in Article 30, and whereas No 9.
(h) Study group on cadmium. This group has been established independently of the recast work, within the framework of the working group related to fertilizers, to permit consultations and discussions with Member States and interested parties. See transitional provisions, Article 33.
(i) Mixture of fertilizers. See Article 9a, last indent. Technical provisions for the identification of nutrients apply.
This recast has been structured in such a way as to exclude as far as possible all technical specifications from the legal text and instead include them into the annexes. Hence, as a guiding rule, the legal text was kept as general as possible. Undoubtedly, a 'new approach' recast would have made things even easier. But that was neither the advice of the SLIM group, nor does it seem that there is, for the time being, enough common understanding on all the necessary standards for analysis. However, provisions [Article 29(4)] have been included to stimulate future adaptation to technical progress to be made in accordance with the 'new approach'.
In this draft, common provisions are separated from specific provisions. The latter ones are being ordered according to the main groups of fertilizers that are currently included in the legislation. This provides a rather simple way of using this legislation and adding other possible groups of fertilizers (e.g. organic fertilizers) without the need to restructure the whole instrument again.
The technical annexes have been compiled from the original Directives and rearranged. The working group has reviewed the annexes and has introduced some changes, however of a rather minor nature. In particular, technical specifications on nutrient contents have not been changed and tolerance levels have all been put into the annex. It was agreed that in the future a more detailed review of the specific technical requirements of the annexes would be needed in order to bring them up to date with state of the art analysis technology on fertilizers. However, experience of some Member Sates with their national fertilizer legislation showed that this would require several years. It was therefore decided to separate that work from this work on the recast.
The legal instrument chosen is that of a regulation. This is justified by the many adaptations to technical progress that this legislation has been and will be subjected to. In addition, a regulation imposes directly on manufacturers precise requirements to be implemented at the same time and in the same manner throughout the Community. Thus, it facilitates the tasks of the Member States and the economic operators and promotes a uniform application in the internal market.
Unintentional cadmium content in mineral fertilizers is a concern, in particular for Austria, Finland and Sweden who, since their accession to the Community, are allowed until 31 December 2001 to restrict the placing on the market of EC-fertilizers with a cadmium content above their national thresholds. No limit values exist on the European level and hence the European fertilizer legislation is currently not fully harmonised. The Commission has committed itself in 1998 to solve this problem by the end of 2001 and has together with the Member States initiated and conducted a risk assessment programme of cadmium in fertilizers.
When the risk assessment programme is terminated, the Commission will make a proposal on what measures should be taken, if any, at Community level.
The current recast does therefore not address the cadmium issue, it is limited to the more technical process of recasting the present law. It should therefore be possible to adopt it rapidly. This is all the more necessary as it provides for a transitory period of two years during which the problem of cadmium can be resolved. Afterwards, a similar review on other contaminants will be performed in case that their presence would adversely affect human, animal or plant health, or the environment.
The structure of the recast is indicated by its table of contents.
Much of the text has been copied from the old directives, but rearranged to fit to the structure. Use was made of all the articles of the old directives except in cases of redundancy. Whenever possible, the wording of the old directives has been used.
Article 2 For the most important terms definitions have been introduced, most of them are equivalent to those used by CEN, some have been altered following the advice of the expert working group.
Articles 3 The designation 'EC fertilizer' is reserved for those fertilizers complying with this Regulation.
Article 4 Emphasis was put on ensuring that the responsibilities of the person who places the fertilizer on the market are clearly spelled out.
Article 5 This Article enunciates the principle of free circulation in the internal market.
Article 6 Articles of the old directives defining general requirements for the declarations of all types of nutrients have been integrated in this article.
Articles 7-12 Labelling and packaging requirements were taken over almost unchanged from the old directives.
Article 13 This Article relates to the tolerances for the declared contents of nutrients. In Annex II of this Regulation it is made clear that the tolerances are meant to be negative values only. Paragraph 2 specifies the obligations of the manufacturers. Paragraph 3 was copied from the technical Annex III of Directive 76/116/EEC.
Article 14 This Article defines the general requirements that a type of fertilizer must fulfil for Annex I inclusion, introducing explicitly the notion of presenting analysis methods in a proposal.
Article 15 The safeguard clause was hitherto only part of Directive 80/876/EEC concerning the approximation of the laws of the Member Sates relating to straight ammonium nitrate fertilizers of high nitrogen content. It is now applicable to the entire EC fertilizer legislation.
Articles 16-19 Scope, declaration and identification provisions have been included here for the specific types of fertilizers as indicated. They have been copied from the old directives with changes in order to simplify and improve clarity.
Articles 20, 21 Similar as in Articles 16-19, specific requirements for these particular types of fertilizers are defined.
Articles 22, 23 Ibid.
Articles 25-28 The scope has been expanded from straight to compound ammonium nitrate fertilizers, of high nitrogen content in order to take into account the new market situation. According to the old legislation compounds would not be subject to detonation tests thus creating a loop hole that Members States wanted to close because of safety and security reasons.
Hence the detonation test can now be required by Member States also for compound Ammonium Nitrate fertilizer of high nitrogen content. If an EC fertilizer satisfies the requirement of the test of resistance to detonation mentioned in Annex III of this Regulation, it should be subject to less stringent national provisions, in particular as regards storage.
Article 29 This Article on compliance provisions includes provisions to use, whenever possible, European standards for adaptation to technical progress of analysis methods, introducing the new approach to future legislation in this sector.
Article 30 This is new and provides for a better framework for analysis and testing. The SLIM group and Member States saw the need to introduce a quality assurance scheme for laboratories. Because of the diverse situation in Member states transitional measure have been introduced as well (see Article 34).
Article 31 Provisions are defined on what to do when applying for Annex I inclusion of a new type of fertilizer.
Article 32 The relevant Comitology according to Council Decision 1999/468/EC.
Articles 33, 34 Transitional provisions, partly from existing directives and partly as indicated under Article 30. The derogation for Austria, Finland and Sweden mentioned in Article 33 has been prolonged till 31 December 2004 in order to allow sufficient time for Community measures on cadmium to be decided.
Articles 35-38 Final provisions.