EN    EN  COMMISSION OF THE EUROPEAN COMMUNITIES  
Brussels,  
COM(200 8) XXX  
Draft  
COMMISSION REGULATION (EC) No …/..  
of […]  
amending Regulation (EC) No 2003/2003 of the European Parliament and of the Council 
relating to fertiliser s for the purposes of adapting Annexes I and IV thereto to technical 
progress  
(Text with EEA relevance) 
EN 2   EN EXPLANATORY MEMORANDUM  
Objectives  
Regulation (EC) No 2003/2003 of the European Parliament and of the Council relating to 
fertilisers aims to ensure the free circulation on the interna l market of “EC fertiliser ” i.e. of 
those fertilisers that meet certain requirements for their nutrient content, their safety, and their 
lack of  adverse effects on the environment. It does so , inter alia , by listing in Annex I a 
number of standard types of  fertiliser for which the minimum nutrient content is specified , 
and by listing in Annex IV the methods of sampling and analysis that are to be used to verify 
that nutrient content.  
The objectives of this proposal  are, first , to change the specification of  the straight 
nitrogenous fertiliser type designated “sulphate of ammonia” to allow the addition of calcium 
nitrate (nitrate of lime) . Second, to allow the use of certain  nitrification and  urease inhibitors 
with fertilisers that provide nitrogen as the primary nutrient. Third , to clarify some of the 
numerical values given in the analysis methods which are too high by a  factor of two. Those 
values should be halved to avoid incorrect results in the analysis of fertiliser nutrient content . 
The proposed changes  are limited to the clarif ication  and harmonis ation of the  existing 
provisions , and to the introduction of new fertiliser type s. As such they have  no financial 
impact . 
The annexes to the Regulation are technical matters that can be adapted by comitology. T he 
measures necessary for the implementation of this new proposal should be  adopted in 
accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures 
for the exercise of implementing powers conferred on the Commission1. 
In accordan ce with the principles of subsidiarity and of proportionality, as stated in Article 5 
of the Treaty, the objectives of the proposed actions to ensure the internal market in fertilisers 
cannot be achieved individually by Member States if there are no common  technical criteria 
throughout the Community . The objectives can therefore be better achieved by Community 
actions. These actions should be limited to the minimum required to achieve these objectives 
and should not exceed what is necessary to this end. A r egulation is the appropriate legal 
instrument as the proposal aims at amending a regulation that already imposes similar legal 
requirements on manufacturers and importers. As the amending proposal aims at modifying 
the existing list of fertiliser types and  the methods of analysis, such technical legislation need 
to be applied at the same time and in the same manner throughout the Community, and this 
can only be guaranteed by a regulation.  
Sulphate of a mmoni a 
In Regulation (EC) No 2003/2003, entry number 4 i n Table A.1 of Annex I (i.e. fertiliser type 
A.1.4) prescribes that fertilisers with the type designation “sulphate of ammoni a” shall 
contain a minimum amount of 20% of ammoni acal nitrogen , a value that corresponds to a 
purity of ammonium sulphate greater than 94% . Consequently , combination  of ammonium 
sulphate with nitrogenous  EC fertiliser types that contain nitric nitrogen instead of 
                                                
1 OJ L 184, 17.7.1999 , p. 23  
EN 3   EN ammoniacal nitrogen, for example fertiliser type A.1. 1(a), calcium nitrate (nitrate of lime), 
will fail to meet the minimu m ammoniacal nitrogen content specified for  fertiliser type A.1.4. 
Furthermore, such combinations do  not meet the requirements of any othe r EC fertiliser type. 
Thus whereas fertiliser types A.1. 4 and A.1. 1(a) may each be designated “EC fertiliser” , and 
may therefore circulate freely on the internal market, a combination  of the two types may not 
be designated “EC fertiliser” , and free circulation on the internal market is not guaranteed  for 
such a combination . 
Although they are not recognised as “EC fertilis ers”, combinations  of fertiliser types A.1.4 
and A.1.1 (a)  are agronomically useful , even if the amount of type A.1.1 ( a) is added as a 
processing aid in amounts that are not agronomically significant,  and have been used 
successfully in two Member States  for a number of years . To make such combinations  more 
easily available to farmers throughout the EU, it is proposed to adapt the  entry 4 of Table A.1 
by introducing, in column 4, an alternative expression of minimum nutrient content, namely 
for total nitrog en instead of ammoniacal nitrogen , that will apply to ammonium sulphate 
fertilisers that are combined  with calcium nitrate  (nitrate of lime) . The entries in column 
3,5and 6  will be  modified accordingly.  
Dicyan diamid e and NBPT  
Ideally, fertilisers should re lease nutrients at the same rate as they are taken up by crops. For 
nitrogen  in particular, the release rate can be much faster than the rate of uptake by crops. 
This imbalance between nutrient supply and demand results in the run -off of the excess 
nitrogen from the land to surface waters. Not only is this run -off wasteful of fertiliser, but it 
can contribute to eutrophication of surface waters in vulnerable zones. Directive 91/676/EEC 
on nitrates from agricultural sources has lead to the designation of suc h vulnerable zones, and 
farmers in these areas need to follow a code of good agricultural practice which is designed to 
prevent eutrophication . 
In addition to pollution of surface waters, nitrogen fertilisers can also contribute to air 
pollution through th e release of gases. However, the use of nitrification and urease inhibitors 
can reduce emissions , not only to surface waters, but also to the atmosphere  and thereby 
contribute towards fulfilling the objectives of the UNECE Göteborg Protocol to abate 
acidif ication, eutrophication and ground -level ozone. The nitrification inhibitors reduce the 
amount of acidic N2O gas released from the soil to the atmosphere, whereas the urease 
inhibitors reduce emissions of ammonia to the atmosphere where it reacts to form a cid salts, 
which subsequently return to the soil as acid rain.  
In Regulation (EC) No 2003/2003, t wo EC fertilisers  already  foresee the use of nitrification 
inhibitors, namely, type 16: ammonium sulphate with nitrification inhibitor dicyandiamide  
(DCD) , and  type 17: ammonium sulphonitrate with nitrification inhibitor dicyandiamide  
(DCD) . However, other ferti liser types using the substance N -(n-butyl)thiophosphoric 
triamide (NBPT)  as a urease inhibitor has also been successfully introduced in some Member 
States.  
To make these additional fertiliser types and nitrification /urease  inhibitors available more 
widely, and in a flexible way, it is proposed to introduce into Annex I two separate lists of  
nitrification  and urease  inhibitors for use with those existing EC fertiliser types that contain 
ammonium or urea  nitrogen . The se lists of nitrification and urease inhibitors should specify 
the identity and composition of the inhibitor  (column 3) and also mention any fertiliser types 
for which its use is not suitable  (column 4). It will be also possible to mention other  
EN 4   EN nitrification  or urease inhibitor  with which mixing is allow ed. In this case, the inhibitor  ratio 
should be described  (column 5). Following the introduction of these rules of general 
application, the spe cific fertiliser types 16 and 17 would be redundant, and should therefore 
be deleted.  
Iodine concentration  
The numerical values for the iodine concentration in Annex IV should be amended to address 
the change from “normality” to “moles per litre” . An analo gous change was made for 
sulphuric acid in the second adaptation to technical progress.   
EN 5   EN Draft  
COMMISSION REGULATION (EC) No …/..  
of […] 
amending Regulation (EC) No 2003/2003 of the European Parliament and of the Council 
relating to fertiliser s for the pur poses of adapting Annexes I and IV thereto to technical 
progress  
(Text with EEA relevance)  
THE COMMISSION OF THE EUROPEAN COMMUNITIES,  
Having regard to the Treaty establishing the European Community,  
Having regard to Regulation (EC) No 2003/2003 of the Eur opean Parliament and of the 
Council of 13 October 2003 relating to fertiliser s2, and in particular Article 31( 1) and (3)  
thereof,  
Whereas:  
(1) Article 3 of Regulation (EC) No 2003/2003 provides that a fertiliser belonging to a 
type of fertiliser listed in Anne x I thereto and complying with the conditions laid down 
in that Regulation may be designated “EC fertiliser”.  
(2) Ammonium sulphate and calcium nitrate  (nitrate of lime)  are both listed as fertiliser 
types in Annex I to Regulation (EC) No 2003/2003 . However, combinations  of those 
two fertiliser types may not be designated “EC fertiliser”. As  combinations  of 
ammonium sulphate and calcium nitrate  (nitrate of lime)  have been used successfully 
in two Member States, such combinations  should be recognised  as “EC fert ilisers” so 
that they can be made more  easily  available to farmers throughout the  Community.  
(3) Many of the primary nutrient fertiliser types containing nitrogen that are listed in 
Annex I tend to release their nitrogen too rapidly for crops to benefit fully from it, and 
as a result t he excess nitrogen may potential ly cause  harm to the environment.  
(4) As regards  two EC fertiliser  types  listed in Annex I to Regulation (EC) No 2003/2003 , 
the addition of dicyandiamide, one of a number of substances known as nitrific ation 
inhibitors , may prevent any such potential harm to the environment . Other types of EC 
fertiliser may contain nitrogen in a different form for which nitrification inh ibitors are 
not effective. For those other types , urease inhibitors may offer  a satis factory solution.  
                                                
2 OJ L 104, 21.11.2003, p. 1. Regulation as last amended by Commission Regulation (EC) No 162/2007 
(OJ L 51, 20.2.2007, p. 7 ).  
EN 6   EN (5) To allow greater access  to the agronomic and environmental benefits of nitrification  or 
urease  inhibitors, the use of nitrification  or urease  inhibitors should be allowed for 
most types of nitrogen fertilisers, and more types of inhibito rs should be  allowed.  
(6) A list of authorised nitrification and urease inhibitors  should therefore be  introduced in 
Annex I  to Regulation (EC) No 2003/2003 . 
(7) Annex IV to Regulation (EC) No 2003/2003 provides detailed descriptions of the 
methods of analysis to be used to measure the nutrient content of EC fertilisers. Those 
descriptions, in so far as they concern iodine concentration, need to be adjusted in 
order to have correct analysis values.  
(8) Regulation (EC) No 2003/2003 should therefore be amended according ly. 
(9) The measures provided for in this Regulation are in accordance with the opinion of the 
Committee established  by Article  32 of Regulation (EC) No  2003/2003,  
HAS ADOPTED THIS REGULATION:  
Article 1  
1. Annex I to Regulation (EC) No 2003/2003 is amended in ac cordance with Annex I to 
this Regulation.   
2. Annex IV to Regulation (EC) No 2003/2003 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 European Union . 
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels, […] 
 For the Commission  
 […] 
 Member of the Commission   
EN 7   EN ANNEX  I 
Annex I to Regulation (EC) No 2003/2003 i s amended as follow s: 
(1) in Table A.1, the entry for fertiliser type 4 “sulphate of ammonia” is replaced by the 
following: 
EN 8   EN “ 
4 Sulphate of 
ammonia  Chemically obtained product 
containing ammonium 
sulphate as its essential 
ingredient, possibly with up 
to 15% ca lcium nitrate 
(nitrate of lime).  19.7% N  
Nitrogen expressed as total 
nitrogen.  
 
Maximum content of nitric 
nitrogen 2.2% N if calcium 
nitrate (nitrate of lime) is 
added.  
 When marketed in the 
form of a combination of 
ammonium sulphate and 
calcium nitrate (n itrate of 
lime), the designation 
must include “with up to 
15% calcium nitrate 
(nitrate of lime)”.  Ammoniacal nitrogen.  
 
Total nitrogen if 
calcium nitrate (nitrate 
of lime) is added  
 
 
” 
EN 9   EN (2) in Table A.1, the entries for fertiliser types 16 , 17 and footnote (a ) are deleted. 
Type  18 becomes type  16 :  
(3) the following section F is added:  
“F. Nitrification and urease inhibitors  
The urease and nitrification inhibitors listed in the table s F.1. and F.2 . below may be added to 
the nitrogenous fertilisers  types listed i n sections A.1 ., B.1 ., B.2 ., B.3 ., C.1 . and C.2 . of Annex  
I subject to the following  provisions:  
(1) at least 50% of the total nitrogen content of the fertiliser consists of the nitrogen forms  
specified in column 3; 
(2) they do not belong to the fertiliser types m entioned in column 4. 
Fertilisers to which a nitrification inhibitor listed in table F.1 . has been added shall have the 
words “with nitrification inhibitor ([type designation of nitrification inhibitor])” added to their 
type designation.  
Fertilisers to whi ch a urease inhibitor listed in table F.2 . has been added shall have the words 
“with urease inhibitor ([type designation of urease inhibitor])” added to their type designation.  
Technical information , as complete as possible , must be provided with each pack age or bulk 
consignment by the person responsible for marketing. This information must enable the user 
in particular to determine the rates and timing of application in relation to the crop being 
grown.  
New nitrification  inhibitors  or urease inhibitors may  be included in the Tables F1 or F2 
respectively after evaluation of the  technical files submitted in accordance with guidelines to 
be elaborated for these compounds .  
EN 10   EN F.1. Nitrification inhibitors  
No Type designation and composition 
of the nitrification i nhibitor  Minimum and maximum 
inhibitor content as a 
percentage by mass of the 
total nitrogen present as 
ammonium nitrogen  and 
urea nitrogen.  EC fertiliser types 
for which the 
inhibitor may not be 
used Description of nitrification  
inhibitors with which 
mixtures are allowed  
Data on permitted ratio  
1 2 3 4 5 
1 Dicyandiamide  
ELINCS No 207 -312-8 Minimum  2,25 
Maximum  4,5    
EN 11   EN F.2. Urease  inhibitors  
“ 
No Type designation and composition 
of the urease inhibitor  Minimum and maximum 
inhibitor c ontent as a 
percentag e by mass of the 
total nitrogen present as 
urea nitrogen  EC fertiliser types 
for which the 
inhibitor may not be 
used Description of urease  
inhibitors  with which 
mixtures are allowed  
Data  on permitted ratio  
1 2 3 4 5 
1 N-(n-butyl) thiophosphoric 
triamide (NBPT)  
ELINCS No 435-740-7 Minimum  0,09 
Maximum 0,20    
”  
EN 12   EN ANN EX II 
Section B of Annex IV to Regulation (EC) N o 2003/2003 is amended as follows:  
(1) in the note in point 4.11 . of Method 2.3.2,  the second, third and fourth subparagraphs 
are replaced by  the fol lowing : 
“Titrate  with 0.05 mol/l iodine (I 2) solution in the presence of a starc h solution as an 
indicator.  
1 ml of iodine (I 2) solution 0.05 m ol/l corresponds to 0.01128 g of SnCl 2·2H2O. 
At least 80  % of the total tin present in the solution thus pr epared  must be in a 
bivalent form. For the titration at least 35 ml of 0.05  mol/l iodine (I 2) solution must 
be used.”  
(2) in the note in point 4.11 . of Method 2.6.1, the second, third and fourth subparagraphs 
are replaced by  the following : 
“Titrate  with 0.05 mol/l i odine (I 2) solution in the presenc e of a starch solution as an 
indicator.  
1 ml of iodine  (I2) solution 0.05 m ol/l corresponds to 0.01128 g of SnCl 2·2H2O. 
At least 80  % of the total tin present in the solution thus prepared must be i n a 
bivalent form. For t he titration at least 35 ml of 0.05  mol/l iodine (I 2) solution must 
be used.”