Exiting the European Union (Agriculture) — House of Commons, 2019-02-20
Topic: Agriculture
Charles George Eustice (Conservative, Centre-right): I beg to move, That the draft Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019, which were laid before this House on 16 January, be approved This instrument makes amendments to domestic legislation and retained direct EU legislation that would otherwise not be operable after our exit from the European Union. It makes only those changes required to ensure a smooth exit from the European Union and does not change the definition or compositional requirements of fertilisers Fertilisers are essential yearly inputs for the UK agricultural, horticultural and amenity sectors. The UK is a net importer of fertiliser products, with only domestic production of potash, polyhalite, ammonium nitrate and lime contributing to the UK’s total fertiliser requirement. The legislation on fertilisers concerns the manufacturing and marketing of products. It provides for the definition, composition, labelling and packaging requirements for specific categories of fertilisers that are set out in lists. This legislation does not address the application or use of fertilisers. Such issues tend to be dealt with through separate provisions in measures such as the nitrates directive In 1975, the EU created its first set of legislation relating to fertilisers. However, the wide disparity in existing fertiliser rules between member states, and the bulky nature of these materials restricting cross-border trade, meant that it was not suitable to fully harmonise rules on all fertilisers throughout the EU. Instead, fertiliser rules were partially harmonised to begin to remove technical barriers to trade within the EU. The UK has therefore kept its existing domestic framework alongside the EU framework. The EU regulation sets out the requirements for so-called EC fertilisers, or previously EEC fertilisers, which can be sold freely across the European Union. Manufacturers can choose which framework to market their products under. This partial harmonisation remains in place today The current domestic framework for any material described as a fertiliser is the Fertiliser Regulations 1991. In the EU, the current framework is the EU regulation EC 2003/2003, which applies only to fertilisers labelled "EC fertiliser". It was implemented in UK law by the EC Fertilisers Regulations 2006. In addition, ammonium nitrate fertilisers are controlled through safety regulations that apply to all ammonium nitrate in Great Britain This statutory instrument amends domestic legislation that is out of date and addresses the failures of retained EU law to operate effectively, along with other deficiencies arising from the UK’s withdrawal from the European Union. Part 2 of the instrument amends out of date references in the domestic legislation. For example, it omits references to "EC fertilisers" and "EEC fertilisers" to ensure clarity for users of the legislation In the case of EU legislation, part 3 of this instrument amends retained EU law to ensure that it will operate effectively after exit day. For example, references to member states and the Commission are amended to refer instead to UK authorities. A requirement on the language to be used on labels is also amended. It replicates the EU framework in UK law, replacing the "EC fertiliser" label with a new equivalent "UK fertiliser" label. The requirements will otherwise remain the same. The instrument also amends the EU framework to include a provision that preserves the ability of relevant bodies in the UK to continue to be able to take certain actions such as prescribing how specified fertilisers should be identified. Part 4 amends domestic legislation as a result of exit, ensuring continuity of supply by recognising the EC fertilisers label for a two-year transitional period after exit day. This will minimise burdens on businesses and authorities and enable suppliers to use up existing stocks, both of fertilisers and packaging. The amendments in the statutory instrument do not change the definition, compositional requirements, or labelling or packaging rules for fertilisers, whether they are marketed under the existing domestic framework—the 1991 regulations—or the EU framework Ammonium nitrate fertilisers are additionally covered by domestic safety regulations, since they can be misused as improvised explosives and pose safety risks if mishandled in manufacture, transport or storage. It is worth noting that part 4 of the instrument also amends the regulations surrounding ammonium nitrate fertilisers with high nitrogen content in Great Britain, to treat imports from EU member states the same as imports from other third countries in line with World Trade Organisation obligations Under the GB ammonium nitrate regulations, the rules for imports from the EU are different from those for imports from outside the EU. In the light of WTO rules, it would not be possible to retain these differences, so the instrument amends some aspects of the ammonium nitrate regulations, in particular the detonation resistance tests, to apply the more stringent of the two regimes to all imports after the end of the two-year transition period and to uphold current safety standards The definition of what constitutes a "batch" of ammonium nitrate differs depending on whether the import comes from the EU or elsewhere.