WORLD TRADE
ORGANIZATIONG/TBT/N/GBR/7
8 January 2003
(03-0042)
Committee on Technical Barriers to Trade Original:  English
NOTIFICATION
The following notification is being circulated in accordance with Article 10.6.
1. Member to Agreement notifying:   UNITED KINGDOM
If applicable, name of local government involved (Articles 3.2 and 7.2):           
2. Agency responsible:
DEPARTMENT FOR ENVIRONMENT
FOOD AND RURAL AFFAIRSFertilisers and Forestry Unit
4
th Floor, Ergon House
17 Smith Square
London, SW1P 3JR
Name and address (including telephone and fax numbers, e-mail and web-site
addresses, if available) of  agency or authority designated to handle comments
regarding the notification shall be indicated if different from above:   Department of
Trade and Industry TBT Enquiry Point (see section 11); European Commission
TBT Enquiry Point ec-tbt@cec.eu.int
3. Notified under Article 2.9.2 [     ], 2.10.1 [ X], 5.6.2 [ X], 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):
HS headings 31.02: Mineral or chemical fertilisers, nitrogenous
HS sub-headings: 3102.29, 3102.30, 3102.40, 3102.60, 3102.80 and 3102.90
HS Heading 31.05: Mineral or chemical fertilisers containing two or three of the
fertilising elements nitrogen, phosphorus and potassium; Other
fertilisers; goods of this chapter in tablets or similar forms or inpackages of a gross weight not exceeding 10kg
HS Subheadings: 3105.20, 3105.40, 3105.51 and 3105.90
5. Title, number of pages and language(s) of the notified document:   The Ammonium
Nitrate Materials (High Nitrogen Content) Safety Regulations 2003  (21 pages in
English including three and a half pages of drawings within Schedule 2). These Regulations
cover England, Scotland and Wales.
6. Description of content:
(a) These regulations impose requirements on any manufacturer (whether in
Great Britain (Northern Ireland is not covered by these Regulations), European Union or athird country) to carry out a detonation resistance test similar to the test set down in Annex
II to EC Commission Directive 87/94/EEC (O J No L38 7.2.87, p 1) on every batch of highG/TBT/N/GBR/7
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nitrogen Ammonium nitrate ‘AN’ material (which includes materials sold for any type of
fertiliser, or other material which is not classified as an explosive) where the nitrogen
derived from the AN is 28% or above. Representative samples need to be certified by an
internationally recognised independent attestation body (ISO 17020), and the test must be
carried out by a laboratory within the European Union which is recognised as beingproficient (ISO 17025) in such tests.
(b) The Regulations impose requirements on all importers to have a detonation
resistance certificate (see Schedule 1) that clearly identifies the AN batch to which it relates
that has been tested and found to be resistant to detonation.
(c) Importers of such material from outside the European Union must have the batch
tested not later than thirty days before ar rival in Great Britain. They must additionally
complete an identification document (details such  as the origin of the material to assist with
traceability, port of departure, the port of entry, and stores to which the material will first be
stored on arrival in Great Britain) and send that document together with the certificate that
shows that the material has passed a detonation test within the last thirty days to the
Secretary of State at the Department for Environment, Food and Rural Affairs at the address
for the Forestry and Fertilisers Unit not later than five days before arrival.(d) All persons manufacturing, importing, keeping or supplying the material must have
a valid detonation resistance certificate or a unique numbered copy certificate which clearly
identifies the batch to which it relates.
(e) Spot checks by the enforcement authority inspectors (who are to be the Local
Authority trading standards officers, see regulation 10) can be made at any time on thosekeeping the material and may take samples for fresh detonation resistance tests.
(f) There are transitional arrangements for anyone keeping this material at the date
when these Regulations come into effect. They are required to take samples for tests on all
separate sources of material that they have in their possession for detonation resistance tests
within 60 days from that date.
7. Objective and rationale, including the na ture of urgent problems where applicable:
The five day before arrival prior notification of the test certificate requirement will shortly
be required throughout the European Union for all such AN fertilisers designated as ‘EC
fertilisers’ when the new proposed EC ‘Refonte’ Regulation on Fertilisers comes into force.
(Not relevant)
Currently in Great Britain there is little assurance that imported material from outside the
European Union is safe in that its composition and characteristics are such that it is resistantto accidental or deliberate detonation. This contrasts with AN material sold as ‘EC’ AN
Fertiliser where there is a requirement to co mply with certain safety characteristics and
compositional make up to ensure that the AN is less liable to accidental detonation.
With the uncertainty on the issuing of the EC Refonte and the heightened concern of the
safety and national security issues involved the Government wish to implement theseRegulations as a matter of urgency. It is because of this urgency that the United Kingdom
requests that the WTO can work to a 60 day period rather than the normal 90 days.
8. Relevant documents:   These Regulations are made under the enabling powers of the
Health and Safety at Work Etc Act 1974 which provides for the Secretary of State to
introduce regulations to deal with the safety of any substance. The Regulations additionally
implement Article 7 of Council Directive 80/876/EEC of 15 July 1980 (OJ L250, 23.9.80,
p7) in providing for inspectors to carry out checks on resistance to detonation of ammonium
nitrate fertilisers that are described as ‘EC fertiliser’.G/TBT/N/GBR/7
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9. Proposed date of adoption:  2 months + 1 day after the date of the submission.
Proposed date of entry into force:  21 days after adoption
10. Final date for comments:   2 months after the date of the submission
11. Texts available from:  National enquiry point [ X] or address, telephone and fax
numbers, e-mail and web-site addresses, if available of the other body:
Department of Trade and Industry
UK TBT Enquiry Point
Kingsgate House, Bay 310
66-74 Victoria Street
London SW1E 6SWContact: Mr Andy Weller
e-mail: andy.weller@dti.gsi.gov.uk
Tel: + 44 201 215 4548
Fax: + 44 207 215 4245