EN   EN  
 
 EUROPEAN  
COMMISSIO N   
Brussels, XXX   
[…](2020) XXX  draft 
 
COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
amending Annexes II and IV to Regulation (EU) 2019/1009 of the European Parliament 
and of the Council for the purpose of adding precipitated phosphate salts and derivates 
as a component material category in EU fertilising products  
 
(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  
According to Article 42(1) of the Fertilising Products Regulation  (1), the Commission is 
empowered to adopt delegated acts in accordance with Article 44 amending Annex II for the 
purposes of adapting the Annex to technical progress and of facilitating internal market access 
and free movement for EU fertilising products, whi ch have a potential to be the subject of 
significant trade on the internal market and for which there is scientific evidence that they do 
not present a risk to human, animal or plant health, to safety or to the environment and that 
they do ensure agronomic  efficiency.  Regulation (EU) No 2019/1009 repeals Regulation (EC) 
No 2003/2003 (2) and shall apply from 16 July 2022. 
Further, Article 42(2) of Regulation (EU) No 2019/1009 obliges the Commission to assess 
struvite, biochar and ash- based products (hereinaf ter jointly referred to as ‘STRUBIAS’) 
without undue delay after the date of entry into force  and to adopt delegated acts to include 
those materials in Annex II  if the abovementioned criteria pertaining to scientific evidence are 
fulfilled .  
Such an assessment has been concluded by the Commission  based on a report by the 
Commission’s Joint Reasearch Center (‘JRC’)  on technical and market conditions for a 
possible legal framework for the manufacturing and placing on the market of specific safe and 
effective fertilising products derived from STRUBIAS . The report includes technical 
proposals on eligible input materials and process conditions for STRUBIAS production 
pathways, quality requirements for STRUBIAS materials, and quality management systems. 
The report  also provides information on the added value that the STRUBIAS materials could 
provide for food security, food safety, environmental protection, and the EU fertilising and 
agricultural sector.  
In accordance with Article 42(3) of Regulation (EU) No 2019/1009, the Commission may 
only adopt delegated acts pursuant to that Article to include materials  in Annex II to the  
Regulation that cease to be waste following a recovery operation, if recovery rules in that 
Annex, adopted no later than the inclusion, ensure that the materials comply with the 
conditions laid down in Article 6 of Directive 2008/98/EC  (3). This delegated  regulation 
establishes recovery operations for precipitated phosphate salts  and derivates ensuring that 
they comply with the conditions laid down in Directive  2008/98/EC . Consequently, the 
requirement set out in Article 42(3) of Regulation (EU) No 2019/1009 is fulfilled.  
In this context, this delegated regulation amends Annex II to Regulation (EU) No 2019/1009 
by adding precipitated phosphate salts and derivates as a new Component Material Category, 
and Annex IV to the  Regulation by setting up the legal f ramework for the relevant conformity 
assessment for EU fertilising products containing precipitated phosphate salts  and derivates . 
 
                                                 
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 Regulations (EC) 
No 1069/2009 and (EC) No 1107 /2009 and repealing Regulation (EC) No 2003/2003, OJ L 170, 
25.6.2019, p. 1– 114. 
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 Directive 2008/98/EC of  the European Parliament and of the Council of 19 November 2008 on waste 
and repealing certain Directives, OJ L 312, 22.11.2008, p. 3– 30.  
EN 2  EN 2. CONSULTATIONS  PRIOR  TO THE  ADOPTION  OF THE  ACT  
Pursuant to Article 44(4) of Regulation (EU) No 2019/1009, expert s designated by each 
Member State were 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. 
3. LEGAL  ELEMENTS  OF THE  DELEGATED  ACT  
The leg al act amends Regulation (EU) No 2019/1009. The legal basis of this delegated act is 
Article 42(1) of Regulation (EU) No 2019/1009. 
                                                 
4 OJ L 123, 12.5.2016, p. 1 –14.  
EN 3  EN COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
amending Annexes II and IV to Regulation (EU) 2019/1009 of the European Parliament 
and of the Council for the purpose of adding precipitated phosphate salts and derivates 
as a component material category in EU fertilising products  
 
(Text with EEA relevance)  
THE EUR OPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union, 
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 fe rtilising 
products and amending Regulations (EC) No 1069/2009 and (EC) No 1107/2009 and 
repealing Regulation (EC) No 2003/2003 (1), and in particular Article  42(1)  thereof,  
Whereas:  
(1) Regulation (EU) 2019/1009 lays down rules on the making available on the m arket of 
EU fertilising products. EU fertilising products contain component materials of one or 
more of the categories listed  in Annex II to that Regulation.  
(2) Article  42(2) of Regulation (EU) 2019/1009 read in conjunction with point (b) of the 
first subparagraph of Article  42(1) of that  Regulation requires the Co mmission to 
assess struvite  without undue delay after 15 July 2019, and to include it  in Annex II to 
that Regulation if that assessment concludes that EU fertilising pro ducts containing 
that materi al do not present a risk to human, animal or plant health, to safety or to the 
environment , and ensure agronomic efficiency. 
(3) Struvite can be waste, and  can in accordance with Article 19 of Regulation (EU) 
2019/1009 cease to be waste if it is contained in a compliant EU fertilising product. 
Pursuant to Article  42(3) of that Regulation  read in conjunction with Article 6 of 
Directive  2008/98/EC  of the European Parliament and of the Council  (2), the 
Commission may therefore include struvite in Annex II to Regulation (EU) 2019/1009 
only if recovery rules in that Annex ensure that the material is  to be used for specific 
purposes , that  a market or demand exists for it , and that its use will not lead to overall 
adverse environmental or human health impacts.  
(4) The Commission ’s Joint Research Centre (’JRC’)  began its assessment of struvite in 
anticipation of the adoption of Regulation (EU) 2019/1009, and concluded it in 2019. 
Throughout the assessment, the scope was widened to include the broad spectrum of 
precipitated phosphate salts, as well as their derivates.  
                                                 
1 OJ L 170, 25.6.2019, p. 1.  
2 Directive 2008/98/EC of the European Parliament and of  the Council of 19 November 2008 on waste 
and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).   
EN 4  EN (5) JRC’s assessment  report  (3) concludes that p recipitated phosphate salts and derivates , 
if produced following the recovery rules suggested in the report, provide plants with 
nutrients or improve their nutrition efficiency and therefore ensures agronomic 
efficiency . 
(6) JRC’s assessment report  furthermore concludes that there is an existing and growing 
market demand for p recipitated phosphate salts and derivates, and that those materials 
are likely to be used to provide nutrient inputs to European agriculture. It further 
concludes that the use of precipitated phosphate salts and derivates, if produced 
following the re covery rules  suggested in the report , does not lead to overall adverse 
environmental or human health impacts.  
(7) The recovery rules  suggested in JRC’s assessment report i nclude  measures to limit the 
risks of recycling or producing contaminants, such as creat ing an exhaustive list of 
eligible input materials and excluding for example  mixed municipal waste, and laying 
down specific processing conditions and product quality requirements. Th at 
assessment report also concludes that the conformity assessment rules applicable to 
fertilising products containing precipitated phosphate salts and derivates should 
include a quality system assessed and approved by a notified body.  
(8) Based on the above, the Commission concl udes that precipitated phosphate salts and 
derivates, if produced in accordance with  the recovery rules suggested in JRC’s report, 
ensure agronomic efficiency  within the meaning of point ( b)(ii) of the first 
subparagraph of Article  42(1) of Regulation (EU)  2019/1009. Furthermore, they 
comply with the criteria laid down in Article  6 of Directive  2008/98/EC . Finally, if if 
compliant with the other requirements laid down in Regulation (EU) 2019/1009 in 
general and in Annex I to that Regulation in particular, they will not present a risk to 
human, animal or plant health, to safety or to the environment  within the meaning of 
point (b)(i) of the first subparagraph of Article  42(1) of Regulation (EU) 2019/1009.  
Therefore, precipitated phosphate salts and derivates should be included in Annex II to 
Regulation (EU) 2019/1009 subject to th ose recovery rules . 
(9) In particular, animal by- products or derived products within the meaning of 
Regulation (EC) No 1069/2009 of the European Parliament and of the Council (4)  
should only be allowed as input materials for precipitated phosphate salts and 
derivates governed by Regulation (EU) 2019/1009, if and when their end points in the 
manufacturing chain have been determined in accordance with the third subparagraph 
of Article 5(2) o f Regulation (EC) No 1069/2009 and will be reached at the latest by 
the end of the production process of the EU fertilising product containing the 
precipitated phosphate salts or derivates.   
(10) Furthermore, given the fact that precipitated phosphate salt and derivates can be 
considered to be  recovered waste or by -products within the meaning of Directive 
2008/98/EC , such materials should be excluded from component material categories 1 
                                                 
3 Huygens D, Saveyn HGM, Tonini D, Eder P, Delgado Sancho L, Technical proposals for selected new  
fertilising materials under the Fertilising Products Regulation (Regulation (EU) 2019/1009) - Process 
and quality criteria, and assessment of environmental and market impacts for precipitated phosphate 
salts & derivates, thermal oxidation materials & derivates and pyrolysis & gasification materials, EUR 
2984 1 EN, Publications Office of the European Union, Luxembourg, 2019, ISBN 978 -92-76-09888- 1, 
doi:10.2760/186684, JRC117856.  
4 Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 
laying down health rules as regards an imal by -products and derived products not intended for human 
consumption and repealing Regulation (EC) No 1774/2002 (Animal by -products Regulation), OJ L 300, 
14.11.2009, p. 1 –33  
EN 5  EN and 11 of Annex II to Regulation (EU) 2019/1009 pursuant to the third subparagraph 
of Article 42(1) of that Regulation.  
(11) It is important to ensure that when fertilising products contain precipitated phosphate 
salts and derivates they are subject to an appropriate conformity assessment procedure 
including a quality system ass essed and approved by a notified body. Therefore, it is 
necessary to amend Annex IV to Regulation (EU) 2019/1009 to provide for a  
conformity assessment appropriate for such fertilising products.  
(12) Given that  the requirements set out in Annex II to Regulation (EU) 2019/1009 and the  
conformity assessment procedures set out in Annex IV to that Regulation  are to apply 
as of 16 July 2022, it is necessary to defer  the ap plication of this Regulation to  the 
same date,  
 
HAS ADOPTED THIS REGULATION:  
Article 1  
Regulat ion (EU) 2019/1009 is amended as follows:  
(1) Annex I I is amended in accordance with Annex I to this Regulation;  
(2) Annex IV  is amended in accordance w ith Annex II to this Regulation.  
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. 
It shall apply  from  16 July 2022. 
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels,  
 For the Commission  
 The President  
 Ursula von der Leyen