G/TBT/N/EU/854  
22 November 2021  
(21-8785) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  EUROPEAN UNION   
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:  European Commission  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
European Comm ission,  
EU-TBT Enquiry Point,  
Fax: +(32) 2 299 80 43,  
E-mail: grow-eu-tbt@ec.europa.eu  
Website: http://ec.europa.eu/growth/tools -databases/tb t/en/  
3. Notified under Article 2.9.2 [X], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Fertilising 
products; Fertilizers (ICS 65.080)  
5. Title, number of pages and language(s) of the notified document:  Draft 
Commission Delegated Regulation supplementing Regulation (EU) 2019/1009 of the 
European Parliament and of the Council by laying down criteria on agronomic efficiency 
and safety for the use of by -products in EU fertilising products (8 page(s), in English)  
6. Description of content:  By-products may be used in fertilising products either as main 
components, in larger quantities, or as tec hnical additives, only in small quantities.  
For the first category, the draft Commission Delegated Regulation lists the most 
commonly used by -products according to existing practices. These materials have been 
selected based on their market potential, on the data availability, current legal situation 
and use history, their clear agronomic value, as well as the straightforwardness of safety 
criteria development given the time constrains in performing the assessment.    
For the second category, the draft Commission Delegated Regulation permits the use of 
by-products as technical additives up to 5% in the final product.  
Maximum limit -values for relevant substances of concern are also included.  
7. Objective and rationale,  including the nature of urgent problems where 
applicable:  The adoption of the Commission Delegated Regulation is an obligation under 
Regulation (EU) 2019/1009. The criteria proposed will ensure that the use of by -products 
will not have an adverse effect o n human health or the environment.; Protection of human 
health or safety; Protection of the environment  G/TBT/N/EU/854  
 
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  8. Relevant documents:   
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. 
https://eur -lex.europa.eu/legal -
content/EN/TXT/?qid=1561642209714&uri=CELEX:32019R1009   
9. Proposed date of adoption:  Spring 2022  
Proposed date of entry into force:  Twenty days following its publication in the Official 
Journal of the EU (The provisions shall and apply from of 16 July 2022.)  
10. Final date for comments:  60 days from notification  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
European Commission,  
EU-TBT Enquiry Point,  
Fax: + (32) 2 299 80 43,  
E-mail: grow-eu-tbt@ec.europa.eu  
 
The text is available on the EU -TBT Website: http://ec.europa.eu/growth/tools -
databases/tbt/en/  
https://members.wto.org/crnattachments/2021/TBT/EEC/21_7244_00_e.pdf