EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2024) XXX  draft  
 
COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
amending Regulation (EU) 2019/1009 of the European Parliament and of the Council as 
regards the inclusion of mulch films in Component Material Category 9  
(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. Regulation (EU) 2019/1009 sets out an obligation for the Commission to assess 
biodegradability criteria for mulch films to determin e if to include such component materials 
in Component Material Category 9 in Annex II to that  Regulation.  
This delegated Regulation adds mulch films in Component Material Category 9 and sets out 
the releva nt biodegradability criteria and test methods , as determined with the  support of an 
external study2.  
2. CONSULTATIONS  PRIOR  TO THE  ADOPTION  OF THE  ACT  
Member States have been 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 20163 . 
Details of these consultations can be found in the minutes of the meetings held on 24 October 
2022, 18 -19 April 2023 and 15 -16 April 2024, 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.  [to fill in ] 
The draf t delegated Regulation has been published for feedback on the Better Regulation 
portal [to fill in ].  
The draft delegated Regulation has also been notified based on Article 2(9)(2) of the 
Agreement on Technical Barriers to Trade and no comments have been received  [to be 
confirmed ].  
3. LEGAL  ELEMENTS  OF THE  DELEGATED  ACT  
The delegated act amends  Annexes II and III to Regulation (EU) 2019/1009. The legal basis 
of this delegated act is Article 42(1) of Regulation (EU) 2019/1009.  
                                                 
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.  
2  Study to assess biodeg radability criteria for polymers used in EU fertilising products as coating agents 
or to increase water retention capacity or wettability and of mulch films. ISBN 978 -92-68-05051 -7; 
doi:10.2873/23399   
3 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 inclusion of mulch films in Component Material Category 9  
(Text with EEA relevance)  
THE EUROPEAN 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 t he market of EU fertilising 
products and amending Regulations (EC) No 1069/2009 and (EC) No 1107/2009 and 
repealing Regulation (EC) No 2003/20031, and in particular Article 42(1)  thereof , 
Whereas:  
(1) Regulation (EU) 2019/1009 lays down rules on the making ava ilable on the market of 
EU fertilising products. EU fertilising products may contain only materials belonging 
to one of the Component Material Categories  (CMCs) in Annex II to Regulation (EU) 
2019/2009 . That Regulation sets out an obligation for the Commis sion to assess 
biodegradability criteria for mulch films with the purpose of including them as a 
component material belonging to CMC 9. The Commission performed that assessment 
with the support of an external study ( ‘the study’)2.  
(2) Mulch films are used to maintain, improve or protect the physical or chemical 
properties, the structure or the biological activity of the soil. They could contribute to 
keeping water in soils and increase the soil temperature with positive impact on the 
development of crops. Given that the application of mulch films does not allow weeds 
to grow, the crops will no longer compete with weeds on sunlight and nutrients . 
Therefore, the use of mulch films could lead  to a more efficient use of fertilisers. 
Mulch fi lms also would reduce the use of herbicides, thus contributing to achieving 
the target set out in the  Communication on the  Farm to Fork Strategy to reduce the 
overall use and risk of chemical pesticides by 50  % by 2030.  
(3) The study  showed that there are both  biodegradable and non -biodegradable mulch 
films on the market, used as national fertilising products . Appropriate requirements 
should be laid down to include biodegradable polymers in the form of mulch films 
within the scope of Regulation (EU) 2019/100 9. The biodegradation should be 
assessed both in soils and in aquatic environments.  
(4) The study built a tool to predict the biodegradability behavior of polymers by using a 
mathematical model and showing the correlation between biodegradability under test 
                                                 
1 OJ L 170, 25.6.2019, p. 1, ELI: http://data.europa.eu/eli/reg/2019/1009/oj . 
2 Study to assess biodegradability criteria for polymers used in EU fertilising products as coating agents 
or to increase water retention capacity or wettability and of mulch films , ISBN 978 -92-68-05051 -7; 
doi:10.2873/23399 .   
EN 3  EN conditions and natural environments representative of the different regions  of the 
Union . Thus, the study  assessed various factors such as soil temperature, soil pH, 
water content in soil, water temperature and other factors linked to the polymer 
character istics (chemical structure, crystallinity, surface and thickness).  The study put 
forward proposals concerning the biodegradability criteria  for mulch films  in soils and 
in water.  
(5) As regards biodegradability criteria in soils, given that mulch films imply the 
application of large quantities of polymers to soils, their biodegradation should be 
proven within maximum 24 months . To reduce the testing period, an accelerated 
testing method should be permitted . The study showed an adequate correlation 
between r eal life conditions and temperatures higher that 25°C which is the 
temperature used in testing conditions.  Testing at a higher temperature such as 37°C 
accelerates biodegradation, while it is still considered acceptable in terms of 
microbiology and enviro nment -dependent factors in real life conditions. The results 
obtained by the soil tool developed in the study showed that the testing period could 
be reduced in specific cases.  Therefore, an accelerated testing at 37°C under specific 
conditions should be i ntroduced as an alternative option to demonstrate 90% ultimate 
degradation or mineralisation.  
(6) The biodegradability criteria  for aquatic environments  should  take into account both 
the function of mulch films  and the available testing methods. On the function , the 
mulch films are applied to soils to improve or protect the physical or chemical 
properties, the structure or the biological activity of the soil  for 12 months in average. 
So, mulch films a re designed to slowly degrade when exposed to vario us 
environmental  factors , in particular sunlight and rain . The biodegradation which 
unavoidably occurs during that functionality period should be limited so that the 
mulch film  can still fulfil its function. As regards the available test methods  for 
biodeg radability in water, they are reliable during a period of 12 months. T herefore, 
biodegradability  criteria in aquatic environments should be set out at a level during the 
testing period that would allow them to fulfil their function and would also ensure th at 
there would not be an accumulation of polymers in aquatic environments. It is 
assumed that the biodegradation process will continue after the 12 -month testing 
period and will reach the 90 % within 24 months after the functionality period. While 
that ult imate degradation cannot be proved with the existing test methods, it is 
nevertheless a safe assumption as the material already proved a biodegradation 
potential and it will continue to be exposed to the same environmental factors.   
(7) In real life condition s, mulch films are to be applied to soil. They are not supposed to 
reach aquatic environments . While the transport of  parts of mulch films to aquatic 
environment cannot be totally excluded, the potential risks to the aquatic environment 
are reduced because the polymers concerned would reach water bodies only after 
having already started the degradation in soils due to factors such as erosion and 
ultraviolet radiati on. To further limit the potential risks, a labelling requirement should 
be set out, warning  end-users not to use the product  close to surface water bodies  and 
to maintain  buffer strips. In addition, to avoid leaching to water bodies and encourage 
the b iodegradation in soils, the labelling of mulch films should also include a n 
instruction  to incorporate the product in the soil after the functionality period.   
(8) To ensure equal conditions for competition, the test methods to prove compliance with 
the biode gradability criteria should be listed. Such test methods are set out in 
European or international standards and are thus reliable and reproducible.   
EN 4  EN (9) Polymers already included in CMC 9 have to pass a plant growth acute toxicity test, an 
earthworm acute toxi city test and a nitrification inhibition test with soil micro -
organisms . To ensure a high level of protection of human health and the environment, 
the same tests should also apply to polymers in mulch films. In addition, polymers in 
mulch films should also pass an earthworm chronic toxicity test .  
(10) Regulation (EU) 2019/1009 should therefore be amended accordingly.   
HAS ADOPTED THIS REGULATION:  
Article 1  
Regulation (EU) 2019/1009 is amended as follows:  
(1) Annex II is amended i n accordance with Annex I to this Regulation;  
(2) Annex III is amended in accordance with 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 Eur opean Union . 
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 Le yen