EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2022) XXX  draft  
 
COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
amending Regulation (EU) 2019/1009 of the European Parliament and of the Council as 
regards the minimum content of calcium oxide in straight solid inorganic macronutrient 
fertilisers  
(Text with EEA relevance)  
This draft has not been adopted or endorsed by the European Commission. Any 
views expressed are the preliminary views of the Commission services and may not 
in any circumstances be regarded as stating an official position of the Commission.    
EN 1  EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  DELEGATED  ACT  
On 5 June 2019, the European Parliament and the Council adopted Regulation (EU) 
2019/1009 laying down rules on the making available on the market of EU fertilising 
products1. This Regulation repeals Regulation (EC) No 2003/2003 of the European 
Parliament and of the Council2 as of 16 July 2022.  
On 10 November 2020, the Commission adop ted Regulation (EU) 2020/1666 amending 
Regulation (EC) No 2003/2003 of the European Parliament and of the Council relating to 
fertilisers for the purpose of including a new type of EC fertiliser in Annex I3.  
Commission Regulation (EU) 2020/1666 introduced  calcium chelate of iminodisuccinic acid 
as a new type of inorganic secondary nutrient fertiliser.  
Regulation (EU) 2019/1009 should be amended to take into account this development.    
2. CONSULTATIONS  PRIOR  TO THE  ADOPTION  OF THE  ACT  
Member States have b een consulted in the Commission expert group on Fertilising Products 
(E01320) according to the rules of the Interinstitutional Agreement on Better Law -Making of 
13 April 20164 . 
Details of these consultations can be found in the minutes of the meetings hel d on 4 -5 April  
and 14 -15 July 2022, as well as in the various position papers of interested stakeholders 
publicly available on the CIRCABC page of the group, at the following link:  
https://circabc.europa.eu/ui/group/36ec94c7 -575b -44dc -a6e9 -4ace02907f2f/library/b8e01334 -
4d39 -445d -bf4e-589356d55b1f   
Member States and interested stakeholders were largely supportive of the adoption of this 
delegated Regulation.  
The draft delegated Regulation has been published for feedback on the Better Regulation 
portal. to be filled in]  
The draft delegated Regulation has also been notified based on Article 2(9)(2) of the 
Agreement on Techn ical Barriers to Trade and [to be filled in] .   
3. LEGAL  ELEMENTS  OF THE  DELEGATED  ACT  
The delegated act amends a technical provision in Annex I to Regulation (EU) 2019/1009. 
The legal basis of this delegated act is Article 42(1) of Regulation (EU) 2019/1009. The 
Commission is empowered to adapt to technical progress Annex I, with the except ion of 
cadmium limit values and the definitions, or other elements relating to the scope, of product 
function categories. The technical provision amended concerns the minimum content of 
nutrients in a product function category (straight solid inorganic mac ronutrient fertilisers), and 
thus, its adaptation to technical progress is covered by the empowerment.  
                                                 
1 Regulation (EU) 2019/1009 of the European Parliament and of the Council of 5 June 2019 laying down 
rules on the making available on the market of EU fertilising products and amending Regulati ons (EC) No 
1069/2009 and (EC) No 1107/2009 and repealing Regulation (EC) No 2003/2003, OJ L 170, 25.6.2019, p. 1.  
2 Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 2003 
relating to fertilisers, OJ L 304, 21.11.2003 , p. 1.  
3 OJ L 377, 11.11.2020, p. 3.  
4 OJ L 123, 12.5.2016, p. 1.   
EN 2  EN COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
amending Regulation (EU) 2019/1009 of the European Parliament and of the Council as 
regards the minimum content of calcium oxide in straight solid inorganic macronutrient 
fertilisers  
(Text with EEA relevance)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European U nion, 
Having regard to  Regulation (EU) 2019/1009 of the European Parliament and of the Council 
of 5 June 2019 laying down rules on the making available on the market of EU fertilising 
products and amending Regulations (EC) No 1069/2009 and (EC) No 1107/200 9 and 
repealing Regulation (EC) No 2003/20035, and in particular Article 42(1) thereof,  
Whereas:  
(1) Regulation (EU) 2019/1009 lays down rules on the making available on the market of 
EU fertilising products , and repeals Regulation (EC) No 2003/2003 of the Eur opean 
Parliament and of the Council6 as of 16 July 2022 .  
(2) In accordance with Annex I to Regulation (EU) 2019/1009, a straight solid inorganic 
macronutrient fertiliser with only calcium as a declared macronutrient is to contain at 
least 12 % by mass calcium expressed as calcium oxide.  
(3) [Commission Regulation (EU) 2020/1666 amend ed Regulation (EC) No 2003/2003  by 
introducing  calcium chelate of iminodisuccinic acid (Ca -IDHA) as a new type of EC 
fertiliser. The minimum conte nt of nutrients  in that fertil iser is 9 % calcium oxide.  
(4) Ca-IDHA is a fertiliser providing plants with the macronutrient calcium. When 
assessing the conditions for its inclusion in Regulation (EC) No 2003/2003, this type 
of EC fertilisers has been found t o be agronomically efficient. Regulation (EU) 
2019/1009 should be amended to take into account the technical development 
occurring  after its adoption and thus the minimum content of calcium oxide in straight 
solid inorganic macronutrient fertilisers should  be lowered from 12  % to 9  %. 
Lowering the minimum content of calcium oxide would introduce this type of fertiliser 
in the scope of the harmonisation rules and thus facilitate its free movement in the 
single market. This adaptation is linked to the agronom ic efficiency criteria of the 
fertilisers, and is not lowering the high standards of protection of human health and of 
the environment laid down in Regulation (EU) 2019/1009.  
(5) Regulation (EU) 2019/1009 should therefore be amended accordingly,    
                                                 
5 OJ L 170, 25.6.2019, p. 1 . 
6   
EN 3  EN HAS ADOPTE D THIS REGULATION:  
Article 1  
In Part II, in  PFC 1(C)(I)(a)(i) , point 2, of Annex I to Regulation (EU) 2019/1009 , point (e) is 
replaced  by the following:  
‘(e) 9 % by mass of total calcium oxide (CaO),’.   
Article  2 
This Regulation shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union .  
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels,  
 For the Commission  
 The Pre sident  
 Ursula von der Leyen