# C_2005197EN.01000401.xml

| 12.8.2005 | EN | Official Journal of the European Union | C 197/4 |
| --- | --- | --- | --- |

12.8.2005

EN

Official Journal of the European Union

C 197/4

---

Notification according to Article 95(4) of the EC Treaty

Request for an authorisation to extend the application of national legislation derogating from the provisions of a Community Harmonisation Measure

(2005/C 197/03)

(Text with EEA relevance)

| 1. | On 7 June 2005 the Republic of Finland notified a request to extend the application of national legislation concerning the placing on the market of fertilizers containing cadmium. This legislation was already in force at the date of accession of the Republic of Finland to the European Union and deviates from the provisions of Regulation (EC) No 2003/2003 relating to fertilizers (1). |
| --- | --- |

1.

On 7 June 2005 the Republic of Finland notified a request to extend the application of national legislation concerning the placing on the market of fertilizers containing cadmium. This legislation was already in force at the date of accession of the Republic of Finland to the European Union and deviates from the provisions of Regulation (EC) No 2003/2003 relating to fertilizers (1).

1

| 2. | Upon accession to the European Union at the beginning of 1995, the Republic of Finland had legally binding limit values for the concentration of cadmium in mineral fertilizers and Article 84 and point 2 of Annex X of the Act of Accession of the Republic of Finland provide that Article 7 of Directive 76/116/EEC (2), in so far as it concerns the cadmium content of fertilizers, shall not apply to the Republic of Finland before 1 January 1999. Directive 76/116/EEC was subsequently amended by Directive 98/97/EC (3) regarding the marketing in Austria, Finland and in Sweden of fertilizers containing cadmium, allowing, inter alia, the Republic of Finland to prohibit the marketing on its territory of fertilizers containing cadmium at concentrations in excess of that which was fixed nationally at the date of accession. This derogation applied for the period from 1 January 1999 until 31 December 2001. |
| --- | --- |

2.

Upon accession to the European Union at the beginning of 1995, the Republic of Finland had legally binding limit values for the concentration of cadmium in mineral fertilizers and Article 84 and point 2 of Annex X of the Act of Accession of the Republic of Finland provide that Article 7 of Directive 76/116/EEC (2), in so far as it concerns the cadmium content of fertilizers, shall not apply to the Republic of Finland before 1 January 1999. Directive 76/116/EEC was subsequently amended by Directive 98/97/EC (3) regarding the marketing in Austria, Finland and in Sweden of fertilizers containing cadmium, allowing, inter alia, the Republic of Finland to prohibit the marketing on its territory of fertilizers containing cadmium at concentrations in excess of that which was fixed nationally at the date of accession. This derogation applied for the period from 1 January 1999 until 31 December 2001.

2

3

| 3. | On 7 December 2001 the Republic of Finland notified existing national legislation, deviating from the provisions of Directive 76/116/EEC on the approximation of the laws of the Member States relating to fertilizers. After careful consideration, the Commission Decision 2002/398/EC of 24 May 2002 (4) on the national provisions notified by the Republic of Finland under Article 95(4) of the EC Treaty concerning the maximum admissible content of cadmium in fertilizers granted a prolongation of the derogation from Directive 76/116/EEC until 31 December 2005. This period was granted on the assumption that harmonised legislation would be in place by end 2005. Although work is in progress, legislation would not be adopted at Community level before the end of the year. |
| --- | --- |

3.

On 7 December 2001 the Republic of Finland notified existing national legislation, deviating from the provisions of Directive 76/116/EEC on the approximation of the laws of the Member States relating to fertilizers. After careful consideration, the Commission Decision 2002/398/EC of 24 May 2002 (4) on the national provisions notified by the Republic of Finland under Article 95(4) of the EC Treaty concerning the maximum admissible content of cadmium in fertilizers granted a prolongation of the derogation from Directive 76/116/EEC until 31 December 2005. This period was granted on the assumption that harmonised legislation would be in place by end 2005. Although work is in progress, legislation would not be adopted at Community level before the end of the year.

4

| 4. | The national legislation of the Republic of Finland provides that agricultural and horticultural fertilizers may contain no more than 50 mg of cadmium for each kilogram of phosphorus. The value is mentioned in Section 3 of the Decision of the Ministry of Agriculture and Forestry (45/1994) of 21 January 1994. |
| --- | --- |

4.

The national legislation of the Republic of Finland provides that agricultural and horticultural fertilizers may contain no more than 50 mg of cadmium for each kilogram of phosphorus. The value is mentioned in Section 3 of the Decision of the Ministry of Agriculture and Forestry (45/1994) of 21 January 1994.

| 5. | Article 95(4) stipulates that if, after the adoption by the Council or by the Commission of a harmonisation measure, a Member State deems it necessary to maintain national provisions on grounds of major needs referred to in Article 30, or relating to the protection of the environment or the working environment, it shall notify the Commission of these provisions as well as the grounds for maintaining them. |
| --- | --- |

5.

Article 95(4) stipulates that if, after the adoption by the Council or by the Commission of a harmonisation measure, a Member State deems it necessary to maintain national provisions on grounds of major needs referred to in Article 30, or relating to the protection of the environment or the working environment, it shall notify the Commission of these provisions as well as the grounds for maintaining them.

| 6. | The Commission shall, within six months of the notification approve or reject the national provisions involved after having verified whether or not they are a means of arbitrary discrimination or a disguised restriction to trade between Member States and whether or not they shall constitute an obstacle to the functioning of the internal market. |
| --- | --- |

6.

The Commission shall, within six months of the notification approve or reject the national provisions involved after having verified whether or not they are a means of arbitrary discrimination or a disguised restriction to trade between Member States and whether or not they shall constitute an obstacle to the functioning of the internal market.

| 7. | The Finnish authority justify its request by referring to a risk assessment carried out in accordance with a methodology approved by the Commission (‘Cadmium in fertilizers — risks to human health and the environment, Ministry of Agriculture and Forestry in Finland, Publications 4/2000’) which was submitted to the Commission in connection with the processing of Commission Decision 2002/398/EC.
  The risk assessment showed that, regarding the environment, the Finnish soil and waters are highly sensitive to negative impacts caused by cadmium. Already the present cadmium content of arable land causes damage to living organisms in the soil and, due to cadmium leached from arable lands, to living organisms in waters. The risk assessment also took account of the special features of the Finnish environment, such as high acidity of arable land and waters, large quantities of organic matter and soft waters. These all have impacts on the binding and movement of cadmium and toxicity of organisms. In view of the human health, at present a relatively small share of the elderly population in Finland belongs to a risk group with respect to cadmium, i.e. excessive absorption of cadmium may have negative health impacts on them. Increase in the cadmium content in fertilizers would lead to a considerable increase in the number of people belonging to this risk group. |
| --- | --- |

7.

The Finnish authority justify its request by referring to a risk assessment carried out in accordance with a methodology approved by the Commission (‘Cadmium in fertilizers — risks to human health and the environment, Ministry of Agriculture and Forestry in Finland, Publications 4/2000’) which was submitted to the Commission in connection with the processing of Commission Decision 2002/398/EC.

The risk assessment showed that, regarding the environment, the Finnish soil and waters are highly sensitive to negative impacts caused by cadmium. Already the present cadmium content of arable land causes damage to living organisms in the soil and, due to cadmium leached from arable lands, to living organisms in waters. The risk assessment also took account of the special features of the Finnish environment, such as high acidity of arable land and waters, large quantities of organic matter and soft waters. These all have impacts on the binding and movement of cadmium and toxicity of organisms. In view of the human health, at present a relatively small share of the elderly population in Finland belongs to a risk group with respect to cadmium, i.e. excessive absorption of cadmium may have negative health impacts on them. Increase in the cadmium content in fertilizers would lead to a considerable increase in the number of people belonging to this risk group.

| 8. | The Republic of Finland therefore deems it necessary according to Article 95(4) of the Treaty establishing the European Community to maintain the national regulations concerning cadmium in fertilizers from the 1 January 2006 and until the ad-hoc EU legislation concerning cadmium in fertilizers enters into force |
| --- | --- |

8.

The Republic of Finland therefore deems it necessary according to Article 95(4) of the Treaty establishing the European Community to maintain the national regulations concerning cadmium in fertilizers from the 1 January 2006 and until the ad-hoc EU legislation concerning cadmium in fertilizers enters into force

| 9. | Possible observations on the notification thus made by the Republic of Finland submitted to the Commission later than 30 days from the date of publication of this notice may not be taken into consideration. |
| --- | --- |

9.

Possible observations on the notification thus made by the Republic of Finland submitted to the Commission later than 30 days from the date of publication of this notice may not be taken into consideration.

| 10. | Further information regarding the request from the Republic of Finland can be obtained from:





  Mrs Riitta Heinonen |
| --- | --- |
| Ministry of Agriculture and Forestry |
| Hallituskatu 3A |
| Helsinki |
| P.O. Box 30 |
| Fin-0023 Government |
| Tel. (358-9) 160 01 |
| Fax. (358-9) 16 05 24 43 |
| E-mail: riitta.heinonen@mmm.fi |

10.

Further information regarding the request from the Republic of Finland can be obtained from:

Mrs Riitta Heinonen

Ministry of Agriculture and Forestry

Hallituskatu 3A

Helsinki

P.O. Box 30

Fin-0023 Government

Tel. (358-9) 160 01

Fax. (358-9) 16 05 24 43

E-mail: riitta.heinonen@mmm.fi

Contact point in the European Commission:

| European Commission |
| --- |
| Directorate-General Enterprise and Industry |
| Mr Philippe Brunerie |
| Unit G2 Chemicals |
| Avenue des Nerviens 105 |
| B-1040 Brussels |
| Tel. (32-2) 295 21 99 |
| Fax (32-2) 295 02 81 |
| e-mail: Entr-Chemicals@cec.eu.int |

European Commission

Directorate-General Enterprise and Industry

Mr Philippe Brunerie

Unit G2 Chemicals

Avenue des Nerviens 105

B-1040 Brussels

Tel. (32-2) 295 21 99

Fax (32-2) 295 02 81

e-mail: Entr-Chemicals@cec.eu.int

---

(1)  OJ L 304, 21.11.2003, p. 1.

1

(2)  This directive is repealed and its content is integrated into Regulation (EC) No 2003/2003. Article 7 of this Directive corresponds to Article 5 of Regulation (EC) No 2003/2003

2

(3)  OJ L 18, 23.1.1999, p. 60.

3

(4)  OJ L 138, 28.5.2002, p. 15.

4

---