Regulation (EC) No 2003/2003 of the European Parliament and of the Council
of 13 October 2003
relating to fertilisers
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the Opinion of the European Economic and Social Committee(2),
Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),
Whereas:
(1) Council Directive 76/116/EEC of 18 December 1975 on the approximation of the laws of the Member States relating to fertilisers(4), Council Directive 80/876/EEC of 15 July 1980 on the approximation of the laws of the Member States relating to straight ammonium nitrate fertilisers of high nitrogen content(5), Commission Directive 87/94/EEC of 8 December 1986 on the approximation of the laws of the Member States relating to procedures for the control of characteristics of, limits for and resistance to detonation of straight ammonium nitrate fertilisers of high nitrogen content(6), and Commission Directive 77/535/EEC of 22 June 1977 on the approximation of the laws of the Member States relating to methods of sampling and analysis for fertilisers(7), have been substantially amended several times. In accordance with the communication from the Commission to the European Parliament and the Council "Simpler legislation for the internal market" (SLIM) and the Action Plan for the Single Market those Directives should be repealed and replaced by a single legal instrument, in the interests of clarity.
(2) The Community legislation on fertilisers is very technical in its content. A Regulation is therefore the most appropriate legal instrument, as it imposes directly on manufacturers precise requirements to be applied at the same time and in the same manner throughout the Community.
(3) In each Member State fertilisers must display certain technical characteristics laid down by mandatory provisions. These provisions, concerning more particularly the composition and definition types of fertilisers, the designations of these types, their identification and their packaging, differ from one Member State to another. By their disparity they hinder trade within the Community and should therefore be harmonised.
(4) Since the objective of the proposed action, namely to ensure the internal market in fertilisers, cannot be sufficiently achieved by the Member States if there are no common technical criteria and can therefore, by reason of the scale of the action, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve this objective.
(5) It is necessary to determine at Community level the designation, definition and composition of certain fertilisers (EC fertilisers).
(6) Community rules on the identification, traceability and labelling of EC fertilisers and on the closure of the packages should also be laid down.
(7) A procedure should be established at Community level to be followed in cases where a Member State deems it necessary to restrict the placing on the market of EC fertilisers.
(8) The production of fertilisers is subject to varying degrees of fluctuation due to manufacturing techniques or basic materials. Sampling and analytical procedures may also contain variations. It is therefore necessary to authorise tolerances on the declared nutrient contents. In the interest of the agricultural user, it is advisable to keep these tolerances within narrow limits.
(9) Official controls on the compliance of EC fertilisers with requirements of this Regulation concerning quality and composition should be carried out by laboratories that are approved by the Member States and notified to the Commission.
(10) Ammonium nitrate is the essential ingredient of a variety of products, some of which are intended for use as fertilisers and others as explosives. It is necessary, having regard to the particular nature of ammonium nitrate fertilisers of high nitrogen content and to the consequent requirements regarding public safety, health and protection of workers, to lay down additional Community rules for EC fertilisers of this type.
(11) Certain of those products could be hazardous and could in certain instances be used for purposes other than those for which they were intended. This could well endanger the security of persons and property. Manufacturers should therefore be obliged to take appropriate steps to avoid such use, and in particular to ensure the traceability of such fertilisers.
(12) In the interest of public safety, it is particularly important to determine at Community level the characteristics and properties distinguishing ammonium nitrate EC fertilisers of high nitrogen content from varieties of ammonium nitrate used in the manufacture of products used as explosives.
(13) Ammonium nitrate EC fertilisers of high nitrogen content should conform to certain characteristics to ensure that they are harmless. Manufacturers should ensure that all high nitrogen content ammonium nitrate fertilisers have passed a test of resistance to detonation before those fertilisers are placed on the market.
(14) It is necessary to establish rules on the methods of the closed thermal cycles even if these methods may not necessarily simulate all conditions arising during transport and storage.
(15) Fertilisers can be contaminated by substances that can potentially pose a risk to human and animal health and the environment. Further to the opinion of the Scientific Committee on Toxicity, Ecotoxicity and the Environment (SCTEE), the Commission intends to address the issue of unintentional cadmium content in mineral fertilisers and will, where appropriate, draw up a proposal for a Regulation, which it intends to present to the European Parliament and the Council. Where appropriate, a similar review will be undertaken for other contaminants.
(16) It is appropriate to establish a procedure, to be observed by any manufacturer or its representative that wishes to include a new type of fertiliser in Annex I in order to use the marking "EC fertiliser".
(17) The measures necessary for the implementation of this Regulation 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 Commission(8).
(18) Member States should lay down penalties in respect of infringements of the provisions of this Regulation. They may provide that a manufacturer which infringes Article 27 can be fined an amount equivalent to ten times the market value of the shipment that fails to comply.
(19) Directives 76/116/EEC, 77/535/EEC, 80/876/EEC and 87/94/EEC should be repealed,
HAVE ADOPTED THIS REGULATION:
TITLE I
GENERAL PROVISIONS
CHAPTER I
Scope and definitions
Article 1
Scope
This Regulation shall apply to products which are placed on the market as fertilisers designated "EC fertiliser".
Article 2
Definitions
For the purposes of this Regulation the following definitions shall apply:
(a) "Fertiliser" means material, the main function of which is to provide nutrients for plants.
(b) "Primary nutrient" means the elements nitrogen, phosphorus and potassium only.
(c) "Secondary nutrient" means the elements calcium, magnesium, sodium and sulphur.
(d) "Micro-nutrients" means the elements boron, cobalt, copper, iron, manganese, molybdenum and zinc, essential for plant growth in quantities that are small compared with those of primary and secondary nutrients.
(e) "Inorganic fertiliser" means a fertiliser in which the declared nutrients are in the form of minerals obtained by extraction or by physical and/or chemical industrial processes. Calcium cyanamide, urea and its condensation and association products, and fertilisers containing chelated or complexed micro-nutrients may, by convention, be classed as inorganic fertilisers.
(f) "Chelated micro-nutrient" means a micro-nutrient that is held by one of the organic molecules listed in section E.3.1 of Annex I.
(g) "Complexed micro-nutrient" means a micro-nutrient that is held by one of the molecules listed in section E.3.2 of Annex I.
(h) "Type of fertilisers" means fertilisers with a common type designation as indicated in Annex I.
(i) "Straight fertiliser" means a nitrogenous, phosphatic or potassic fertiliser having a declarable content of only one of the primary nutrients.
(j) "Compound fertiliser" means a fertiliser having a declarable content of at least two of the primary nutrients and obtained chemically or by blending or by a combination of both.
(k) "Complex fertiliser" means a compound fertiliser, obtained by chemical reaction, by solution, or in its solid state by granulation, having a declarable content of at least two of the primary nutrients. In its solid state each granule contains all the nutrients in their declared composition.
(l) "Blended fertiliser" means a fertiliser obtained by dry mixing of several fertilisers, with no chemical reaction.
(m) "Foliar fertiliser" means a fertiliser suitable for application to and nutrient uptake by the foliage of a crop.
(n) "Fluid fertiliser" means a fertiliser in suspension or solution.
(o) "Solution fertiliser" means a fluid fertiliser that is free of solid particles.
(p) "Suspension fertiliser" means a two-phase fertiliser in which solid particles are maintained in suspension in the liquid phase.
(q) "Declaration" means a statement of the amount of nutrients, including their forms and solubility, guaranteed within specified tolerances.
(r) "Declared content" means the content of an element, or its oxide, which, in accordance with Community legislation, is given on a label of an EC fertiliser or on the relevant accompanying document.
(s) "Tolerance" means the permitted deviation of the measured value of a nutrient content from its declared value.
(t) "European Standard" means CEN (European Committee for Standardisation) standards, which have been officially recognised by the Community and whose reference has been published in the Official Journal of the European Communities.
(u) "Package" means a sealable receptacle used to hold, protect, handle, and distribute fertilisers and holding not more than 1000 kg.
(v) "Bulk" means a fertiliser not packaged as prescribed by this Regulation.
(w) "Placing on the market" means the supply of fertiliser, whether in return for payment or free of charge, or storage for the purpose of supply. Importation of a fertiliser into the customs territory of the European Community shall be deemed to constitute placing on the market.
(x) "Manufacturer" means the natural or legal person responsible for placing a fertiliser on the market; in particular a producer, an importer, a packager working for its own account, or any person changing the characteristics of a fertiliser, shall be deemed to be a manufacturer. However, a distributor who does not change the characteristics of the fertiliser shall not be deemed to be a manufacturer.
CHAPTER II
Placing on the market
Article 3
EC Fertiliser
A fertiliser belonging to a type of fertilisers listed in Annex I and complying with the conditions laid down in this Regulation, may be designated "EC fertiliser".
The designation "EC fertiliser" shall not be used for a fertiliser which does not comply with this Regulation.
Article 4
Establishment within the Community
The manufacturer shall be established within the Community and shall be responsible for the conformity of the "EC fertiliser" with the provisions of this Regulation.
Article 5
Free circulation
1. Without prejudice to Article 15 and other Community legislation, Member States shall not, on grounds of composition, identification, labelling or packaging, and other provisions contained in this Regulation, prohibit, restrict or hinder the placing on the market of fertilisers marked "EC fertiliser" which comply with the provisions of this Regulation.
2. Fertilisers that are marked "EC fertiliser" in accordance with this Regulation shall circulate freely within the Community.
Article 6
Compulsory statements
1. In order to satisfy the requirements of Article 9, Member States may prescribe that the indication of the nitrogen, phosphorus and potassium contents of fertilisers placed on their market is to be expressed in the following way:
(a) nitrogen solely in the elemental form (N); and either
(b) phosphorus and potassium solely in the elemental form (P, K); or
(c) phosphorus and potassium solely in the oxide form (P2O5, K2O); or
(d) phosphorus and potassium in both elemental and oxide forms simultaneously.
Where the option is chosen to prescribe that the phosphorus and potassium contents be expressed in the form of elements, all references in the Annexes to the oxide form shall be read as being in elemental form and the numerical values shall be converted using the following factors:
(a) phosphorus (P) = phosphorus pentoxide (P2O5) × 0,436;
(b) potassium (K) = potassium oxide (K2O) × 0,830.
2. Member States may prescribe that the calcium, magnesium, sodium and sulphur contents of secondary nutrient fertilisers and, where the conditions of Article 17 are fulfilled, of primary nutrient fertilisers placed on their markets are to be expressed:
(a) in the oxide form (CaO, MgO, Na2O, SO3); or
(b) in the elemental form (Ca, Mg, Na, S); or
(c) in both of these forms.
To convert the calcium oxide, magnesium oxide, sodium oxide and sulphur trioxide contents into calcium, magnesium, sodium and sulphur contents, the following factors shall be used:
(a) calcium (Ca) = calcium oxide (CaO) × 0,715;
(b) magnesium (Mg) = magnesium oxide (MgO) × 0,603;
(c) sodium (Na) = sodium oxide (Na2O) × 0,742;
(d) sulphur (S) = sulphur trioxide (SO3) × 0,400.
For the calculated oxide or elemental content, the figure declared shall be rounded to the nearest decimal place.
3. Member States shall not prevent the placing on the market of an "EC fertiliser" labelled in both of the forms mentioned in paragraphs 1 and 2.
4. The content of one or more of the micro-nutrients boron, cobalt, copper, iron, manganese, molybdenum, or zinc in the EC fertilisers belonging to the types of fertilisers listed in sections A, B, C and D of Annex I shall be declared where the following conditions are fulfilled:
(a) the micro-nutrients are added at least in the minimum quantities specified in section E.2.2 and E.2.3 of Annex I;
(b) the EC fertiliser continues to satisfy the requirements of sections A, B, C and D of Annex I.
5. Where the micro-nutrients are the normal ingredients of the raw materials intended to supply primary (N, P, K) and secondary (Ca, Mg, Na, S) nutrients, they may be declared, provided that these micro-nutrients are present at least in the minimum quantities specified in sections E.2.2 and E.2.3 of Annex I.
6. The micro-nutrient content shall be declared in the following manner:
(a) for fertilisers belonging to the types of fertilisers listed in section E.1 of Annex I, in accordance with the requirements set out in column 6 of that section;
(b) for mixtures of fertilisers referred to in (a) containing at least two different micro-nutrients and meeting the requirements of section E.2.1 of Annex I and for fertilisers belonging to the types of fertilisers listed in sections A, B, C and D of Annex I, by indicating:
(i) the total content, expressed as a percentage of the fertiliser by mass,
(ii) the water-soluble content, expressed as a percentage of the fertiliser by mass, where the soluble content is at least half of the total content.
Where a micro-nutrient is totally water-soluble, only the water-soluble content shall be declared.
Where a micro-nutrient is chemically linked with an organic molecule, the content of the micro-nutrient present in the fertiliser shall be declared immediately following the water-soluble content as a percentage by mass of the product, followed by one of the terms "chelated by", or "complexed by", with the name of the organic molecule as set out in section E.3 of Annex I. The name of the organic molecule may be replaced by its initials.
Article 7
Identification
1. The manufacturer shall provide EC fertilisers with the identification markings listed in Article 9.
2. If the fertilisers are packed, these identification markings shall appear on the packages or labels attached. If the fertilisers are in bulk, these markings shall appear on the accompanying documents.
Article 8
Traceability
Without prejudice to Article 26(3), the manufacturer shall, to ensure traceability of EC fertilisers, maintain records of the origin of the fertilisers. These records shall be available for inspection by Member States for as long as the fertiliser is being supplied to the market, and for a further period of 2 years after the manufacturer stopped supplying it.
Article 9
Markings
1. Without prejudice to other Community rules, the packages, labels and accompanying documents, referred to in Article 7 shall bear the following markings:
(a) Compulsory identification
- The words "EC FERTILISER" in capital letters;
- Where it exists, the designation of the type of fertiliser as set out in Annex 1;
- For blended fertilisers, the marking "blend" after the designation of the type;
- The additional markings specified in Article 19, 21 or 23;
- Nutrients shall be indicated both in words and by the appropriate chemical symbols, e.g. nitrogen (N), phosphorus (P), phosphorus pentoxide (P2O5), potassium (K), potassium oxide (K2O), calcium (Ca), calcium oxide (CaO), magnesium (Mg), magnesium oxide (MgO), sodium (Na), sodium oxide (Na2O), sulphur (S), sulphur trioxide (SO3), boron (B), copper (Cu), cobalt (Co), iron (Fe), manganese (Mn), molybdenum (Mo), zinc (Zn);
- If the fertiliser contains micro-nutrients of which all or part are chemically linked with an organic molecule, the name of the micro-nutrient shall be followed by one of the following qualifiers:
(i) "chelated by ..." (name of chelating agent or its abbreviation as set out in section E.3.1 of Annex I);
(ii) "complexed by ..." (name of complexing agent as set out in section E.3.2 of Annex I);
- Micro-nutrients contained in the fertiliser, listed in the alphabetical order of their chemical symbols: B, Co, Cu, Fe, Mn, Mo, Zn;
- For products listed in sections E.1 and E.2 of Annex I, the specific directions for use;
- Quantities of fluid fertilisers, expressed by mass. The expression of quantities of fluid fertilisers by volume or in terms of mass versus volume (kilograms per hectolitre or grams per litre) shall be optional;
- Net or gross mass and, optionally, volume for fluid fertilisers. If the gross mass is given, the tare mass must be indicated beside it;
- The name or trade name and the address of the manufacturer.
(b) Optional identification
- As listed in Annex I;
- The directions for the storage and handling, and for fertilisers not listed in Annex I, sections E.1 and E.2, the specific directions for the use of the fertiliser;
- Indications of the dose rates and conditions of use suitable for the soil and crop conditions under which the fertiliser is used;
- The mark of the manufacturer and the trade description of the product.
The indications referred to in (b) must not conflict with those referred to in (a) and must be clearly separated from them.
2. All the markings referred to in paragraph 1 must be clearly separated from any other information on the packages, labels and accompanying documents.
3. Fluid fertilisers may be placed on the market only if the manufacturer provides suitable additional instructions covering, in particular, storage temperature and prevention of accidents during storage.
4. Detailed rules for the application of this Article shall be adopted under the procedure referred to in Article 32(2).
Article 10
Labelling
1. The labels or markings printed on the package and giving the particulars mentioned under Article 9 must be placed in a conspicuous position. Labels must be attached to the package or to whatever system is used for closing it. If this system consists of a seal, that seal must bear the name or mark of the packager.
2. The markings referred to in paragraph 1 must be and must remain indelible and clearly legible.
3. In the cases of fertilisers in bulk referred to in the second sentence of Article 7(2) a copy of the documents containing the identification markings must accompany the goods and be accessible for inspection purposes.
Article 11
Languages
The label, the markings on the package and the accompanying documents must appear in at least the national language or languages of the Member State in which the EC fertiliser is marketed.
Article 12
Packaging
In the case of packaged EC fertilisers, the package must be closed in such a way or by such a device that, when it is opened, the fastening, fastening seal or the package itself is irreparably damaged. Valve sacks may be used.
Article 13
Tolerances
1. The nutrient content of EC fertilisers shall comply with the tolerances established in Annex II, which are intended to allow for deviations in manufacture, sampling and analysis.
2. The manufacturer shall not take systematic advantage of the tolerances given in Annex II.
3. No tolerances are allowed in respect of the minimum and maximum contents specified in Annex I.
Article 14
Fertiliser requirements
A type of fertiliser may only be included in Annex I if:
(a) it provides nutrients in an effective manner;
(b) relevant sampling, analysis, and if required, test methods are being provided.
(c) under normal conditions of use it does not adversely affect human, animal, or plant health, or the environment.
Article 15
Safeguard clause
1. Where a Member State has justifiable grounds for believing that a specific EC fertiliser, although satisfying the requirements of this Regulation, constitutes a risk to safety or health of humans, animals or plants or a risk to the environment, it may temporarily prohibit the placing on the market of that fertiliser in its territory or make it subject to special conditions. It shall immediately inform the other Member States and the Commission thereof, giving the reasons for its decision.
2. The Commission shall adopt a decision on the matter within 90 days from the receipt of the information in accordance with the procedure referred to in Article 32(2).
3. The provisions of this Regulation shall not preclude the taking of measures by the Commission or by a Member State which are justified on grounds of public security to prohibit, restrict or hinder the placing on the market of EC fertilisers.
TITLE II
PROVISIONS FOR SPECIFIC TYPES OF FERTILISERS
CHAPTER I
Inorganic primary nutrient fertilisers
Article 16
Scope
This chapter shall apply to inorganic primary nutrient fertilisers, solid or fluid, straight or compound, including those containing secondary nutrients and/or micro-nutrients, with the minimum nutrient content established in sections A, B, C, E.2.2 or E.2.3 of Annex I.
Article 17
Declaration of secondary nutrients in primary nutrient fertilisers
Calcium, magnesium, sodium and sulphur content may be declared as secondary nutrient content of EC fertilisers belonging to the types of fertiliser listed in sections A, B and C of Annex I, provided that these elements are present in at least the following minimum quantities:
(a) 2 % calcium oxide (CaO), i.e. 1,4 % Ca;
(b) 2 % of magnesium oxide (MgO), i.e. 1,2 % Mg;
(c) 3 % of sodium oxide (Na2O), i.e. 2,2 % Na;
(d) 5 % of sulphur trioxide (SO3), i.e. 2 % S.
In such a case, the additional marking specified in Article 19(2)(ii) shall be added to the type designation.
Article 18
Calcium, magnesium, sodium and sulphur
1. The declaration of the magnesium, sodium and sulphur content of the fertilisers listed in sections A, B, and C of Annex I shall be expressed in one of the following ways:
(a) the total content expressed as a percentage of the fertiliser by mass;
(b) the total content and the content soluble in water, expressed as a percentage of the fertiliser by mass where the soluble content is at least a quarter of the total content;
(c) where an element is totally soluble in water, only the content soluble in water shall be declared as a percentage of the mass.
2. Unless otherwise stated in Annex I, a declaration of the calcium content shall only be made if it is soluble in water and shall be expressed as a percentage of the fertiliser by mass.
Article 19
Identification
1. In addition to the compulsory identification markings referred to in Article 9(1)(a), the markings set out in paragraphs 2, 3, 4, 5 and 6 of this Article shall be stated.
2. The following shall be stated after the type designation of compound fertilisers:
(i) The chemical symbols of the declared secondary nutrients, between brackets and after the symbols of the primary nutrients.
(ii) Numbers indicating the primary nutrient content. The declared secondary nutrient content shall be indicated between brackets after the primary nutrient content.
3. The fertiliser type designation shall only be followed by figures indicating primary and secondary nutrient content.
4. Where micro-nutrients are declared, the words "with micro-nutrients" or the word "with" followed by the name or names and chemical symbols of the micro-nutrients present shall be given.
5. The declared content of primary nutrients and secondary nutrients shall be given as a percentage by mass, as whole numbers or, where necessary, where an appropriate method of analysis exists, to one decimal place.
In fertilisers containing more than one declared nutrient, the order shall be for primary nutrients: N, P2O5 and/or P, K2O and/or K, and for secondary nutrients: CaO and/or Ca, MgO and/or Mg, Na2O and/or Na, SO3 and/or S.
The declared content of micro-nutrients shall give the name and symbol of each micro-nutrient, indicating the percentage by mass as specified in sections E.2.2 and E.2.3 of Annex I and according to solubility.
6. The forms and solubility of the nutrients shall also be expressed as a percentage by mass of fertiliser, except where Annex I explicitly provides that this content shall be otherwise expressed.
The number of decimal places shall be one, except for micro-nutrients where it shall be as specified in sections E.2.2 and E.2.3 of Annex I.
CHAPTER II
Inorganic secondary nutrient fertilisers
Article 20
Scope
This chapter shall apply to inorganic secondary nutrient fertilisers, solid or fluid, including those containing micro-nutrients, with the minimum nutrient content established in sections D, E.2.2, and E.2.3 of Annex I.
Article 21
Identification
1. In addition to the compulsory identification markings referred to in Article 9(1)(a), the markings set out in paragraphs 2, 3, 4 and 5 of this Article shall be stated.
2. Where micro-nutrients are declared, the words "with micro-nutrients" or the word "with", followed by the name or names and chemical symbols of the micro-nutrients present, shall be given.
3. The declared content of secondary nutrients shall be given as a percentage by mass, as whole numbers or, where necessary, where an appropriate method of analysis exists, to one decimal place.
Where more than one secondary nutrient is present, the order shall be:
CaO and/or Ca, MgO and/or Mg, Na2O and/or Na, SO3 and/or S.
The declared content of micro-nutrients shall give the name and symbol of each micro-nutrient, indicating the percentage by mass as specified in sections E.2.2 and E.2.3 of Annex I and according to solubility.
4. The forms and solubility of the nutrients shall also be expressed as a percentage by mass of fertiliser, except where Annex I explicitly provides that this content shall be otherwise expressed.
The number of decimal places shall be one, except for micro-nutrients where it shall be as specified in sections E.2.2 and E.2.3 of Annex I.
5. Unless otherwise stated in Annex I, a declaration of the calcium content shall only be made if it is soluble in water and shall be expressed as a percentage of the fertiliser by mass.
CHAPTER III
Inorganic micro-nutrient fertilisers
Article 22
Scope
This chapter shall apply to inorganic micro-nutrient fertilisers, solid or fluid, with the minimum nutrient content established in sections E.1 and E.2.1 of Annex I.
Article 23
Identification
1. In addition to the compulsory identification markings referred to in Article 9(1)(a) the markings set out in paragraphs 2, 3, 4 and 5 of this Article shall be stated.
2. Where the fertiliser contains more than one micro-nutrient, the type designation "mixture of micro-nutrients" followed by the names of the micro-nutrients present and their chemical symbols, shall be given.
3. For fertilisers containing only one micro-nutrient (section E.1 of Annex I), the declared micro-nutrient content shall be given as a percentage by mass, in whole numbers or, where necessary, to one decimal place.
4. The forms and solubility of micro-nutrients shall be expressed as a percentage by mass of fertiliser, except where Annex I explicitly provides that this content shall be otherwise expressed.
The number of decimal places for micro-nutrients shall be as specified in section E.2.1 of Annex I.
5. Below the compulsory or optional declarations the following shall be entered on the label and accompanying documents with regard to the products appearing in sections E.1 and E.2.1 of Annex I:
"To be used only where there is a recognised need. Do not exceed the appropriate dose rates."
Article 24
Packaging
EC fertilisers covered by the provisions of this chapter shall be packaged.
CHAPTER IV
Ammonium nitrate fertilisers of high nitrogen content
Article 25
Scope
For the purpose of this chapter, ammonium nitrate fertilisers of high nitrogen content, straight or compound, are ammonium nitrate based products manufactured for use as fertilisers and containing more than 28 % by mass of nitrogen in relation to ammonium nitrate.
This type of fertiliser may contain inorganic or inert substances.
The substances used in the manufacturing of this type of fertiliser must not increase its sensitivity to heat or its tendency to detonate.
Article 26
Safety measures and controls
1. The manufacturer shall ensure that straight ammonium nitrate fertilisers of high nitrogen content comply with the provisions of section 1 of Annex III.
2. The checking, analysis and testing for official controls of straight ammonium nitrate fertilisers of high nitrogen content provided for by this chapter shall be carried out in accordance with the methods described in section 3 of Annex III.
3. To ensure the traceability of ammonium nitrate EC fertilisers of high nitrogen content placed on the market, the manufacturer shall maintain records of the names and addresses of the sites, and of the operators of the sites, at which the fertiliser and its principal components were produced. These records shall be available for inspection by Member States for as long as the fertiliser is being supplied to the market, and for a further period of 2 years after the manufacturer stopped supplying it.
Article 27
Test of resistance to detonation
Without prejudice to the measures referred to in Article 26, the manufacturer shall ensure that each type of EC high nitrogen content ammonium nitrate fertiliser placed on the market has passed the test of resistance to detonation described in sections 2, 3 (method 1, point 3) and 4 of Annex III of this Regulation. This test shall be carried out by one of the approved laboratories referred to in Article 30(1) or 33(1). Manufacturers shall submit the results of the test to the competent authority of the Member State concerned at least 5 days before placing the fertiliser on the market, or at least 5 days before the arrival of the fertiliser at the borders of the European Community in the case of imports. Thereafter, the manufacturer shall continue to guarantee that all supplies of the fertiliser placed on the market are capable of passing the abovementioned test.
Article 28
Packaging
Ammonium nitrate fertilisers of high nitrogen content shall be made available to the final user only in packaged form.
TITLE III
CONFORMITY ASSESSMENT OF FERTILISERS
Article 29
Control measures
1. Member States may subject fertilisers marked "EC fertiliser" to official control measures for the purpose of verifying that they comply with this Regulation.
Member States may charge fees not exceeding the cost of tests needed for such control measures, but this shall not oblige manufacturers to repeat tests or to pay for repeated tests where the first test was made by a laboratory which fulfilled the conditions of Article 30 and where the test showed compliance of the fertiliser in question.
2. Member States shall ensure that sampling and analysis for official controls of EC fertilisers belonging to types of fertilisers listed in Annex I are carried out in accordance with the methods described in Annex III and IV.
3. Compliance with this Regulation in respect of conformity to types of fertiliser and compliance with the declared nutrient content and/or the declared content expressed as forms and solubilities of such nutrients may be verified at official inspections only by means of sampling and analysis methods established in accordance with Annex III and IV and taking into account the tolerances specified in Annex II.
4. The adaptation and modernisation of measuring, sampling and analysis methods shall follow the procedure referred to in Article 32(2), and shall, wherever possible, use European Standards. The same procedure shall apply to the adoption of implementing rules needed to specify the control measures provided for in this Article and in Articles 8, 26 and 27 of this Regulation. Such rules shall in particular address the question of the frequency with which tests need to be repeated, as well as measures that are designed to ensure that the fertiliser put on the market is identical with the fertiliser tested.
Article 30
Laboratories
1. Member States shall notify to the Commission the list of those approved laboratories on their territories that are competent to provide the necessary services for checking compliance of EC fertilisers with the requirements of this Regulation. Such laboratories must meet the standards mentioned in section B of Annex V. Such notification shall be made by 11 June 2004 and on the occasion of each subsequent modification.
2. The Commission shall publish the list of approved laboratories in the Official Journal of the European Union.
3. Where a Member State has justifiable grounds for believing that an approved laboratory does not meet the standards referred to in paragraph 1, it shall raise this matter in the committee referred to in Article 32. If the committee agrees that the laboratory does not meet the standards, the Commission shall remove the name from the list referred to in paragraph 2.
4. The Commission shall adopt a decision on the matter within 90 days from the receipt of the information in accordance with the procedure referred to in Article 32(2).
5. The Commission shall publish the amended list in the Official Journal of the European Union.
TITLE IV
FINAL PROVISIONS
CHAPTER I
Adaptation of the Annexes
Article 31
New EC fertilisers
1. The inclusion of a new type of fertiliser in Annex I of this Regulation shall be adopted in accordance with the procedure referred to in Article 32(2).
2. A manufacturer or its representative which wishes to propose a new type of fertiliser for inclusion in Annex I and is required to compile a technical file for that purpose shall do so by taking into account the technical documents referred to in section A of Annex V.
3. Amendments required to adapt the Annexes to technical progress shall be adopted in accordance with the procedure referred to in Article 32(2).
Article 32
Committee procedure
1. The Commission shall be assisted by a committee.
2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
3. The committee shall adopt its rules of procedure.
CHAPTER II
Transitional provisions
Article 33
Competent laboratories
1. Without prejudice to the provisions of Article 30(1), Member States may for a transitional period until 11 December 2007 continue to apply their national provisions for authorising competent laboratories to provide the necessary services for checking compliance of EC fertilisers with the requirements of this Regulation.
2. Member States shall notify the list of these laboratories to the Commission, giving details of their authorisation scheme. Such notification shall be made by 11 June 2004 and on the occasion of each subsequent modification.
Article 34
Packaging and labelling
Notwithstanding Article 35(1), EC fertiliser markings, packagings, labels and accompanying documents provided for by earlier Directives may continue to be used until 11 June 2005.
CHAPTER III
Final provisions
Article 35
Repealed Directives
1. Directives 76/116/EEC, 77/535/EEC, 80/876/EEC and 87/94/EEC are hereby repealed.
2. References to the Directives repealed shall be construed as references to this Regulation. In particular, derogations from Article 7 of Directive 76/116/EEC that were granted by the Commission under Article 95(6) of the Treaty shall be construed as derogations from Article 5 of the present Regulation and shall continue to produce their effects notwithstanding the entry into force of this Regulation. Pending the adoption of penalties under Article 36, Member States may continue to apply penalties for infringements of national rules implementing the Directives mentioned in paragraph 1.
Article 36
Penalties
The Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.
Article 37
National provisions
The Member States shall notify the Commission by 11 June 2005 of any national provisions adopted pursuant to Articles 6(1), 6(2), 29(1) and 36 of this Regulation, and shall notify it without delay of any subsequent amendment affecting them.
Article 38
Entry into force
This Regulation shall enter into force on the twentieth day after its publication in the Official Journal of the European Union with the exception of Articles 8 and 26(3), which shall enter into force 11 June 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 13 October 2003.