1980L0876 — EN — 26.12.1997 — 001.001 — 1
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►B COUNCIL DIRECTIVE
of 15July 1980
on the approximation of the laws of the Member States relating to straight ammonium nitrate
fertilizers of high nitrogen content
(80/876/EEC)
(OJ L 250, 23.9.1980, p. 7)
Amended by:
Official Journal
No page date
►M1 Directive 97/63/EC of the European Parliament and of the Council of 24
November 1997L 335 15 6.12.1997
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COUNCIL DIRECTIVE
of 15July 1980
on the approximation of the laws of the Member States relating to
straight ammonium nitrate fertilizers of high nitrogen content
(80/876/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas Council Directive 76/116/EEC of 18 December 1975 on the
approximation of the laws of the Member States relating to fertilizers (4)
has already laid down Community rules on the designation, composi-
tion, labelling and packaging of the most important straight and
compound fertilizers in the Community; whereas ammonium nitratebased fertilizers are the particular concern of that Directive; whereas itseems necessary, however, having regard to the particular nature of thistype of fertilizer and to the requirements it entails regarding public
safety, health and protection of workers, to lay down additional
Community rules for these fertilizers;
Whereas ammonium nitrate is the essential ingredient of a variety of
products, some of which are intended for use as fertilizers and others asexplosives; whereas, by reason of the divergencies between national
provisions on the classification of products used as fertilizer as against
other products based on ammonium nitrate, the regulations controllingthe marketing of ammonium nitrate based fertilizers differ from oneMember State to another; whereas by reason of such divergencies theyhinder trade in straight ammonium nitrate fertilizers of high nitrogencontent within the European Economic Community;
Whereas such obstacles to the establishment of the common market can
be reduced and even eliminated if the same requirements are adoptedby all the Member States either in addition to or in place of their presentlaws;
Whereas certain of the products covered by this Directive could in
certain instances be used for purposes other than those for which they
were intended, which could well endanger the security of persons andproperty; whereas the Member States should therefore not be preventedfrom taking appropriate steps to avoid such use;
Whereas it is above all necessary, to this end and in the interest of
public safety, to determine at Community level the characteristics and
properties distinguishing straight ammonium nitrate fertilizers of highnitrogen content from varieties of ammonium nitrate used in the manu-facture of products used as explosives;
Whereas straight ammonium nitrate fertilizers of high nitrogen content
should conform to certain characteristics to ensure that they are harm-
less; whereas, moreover, several Member States wish to be free tosubject such fertilizers to a test of resistance to detonation before orafter they are marketed;
Whereas the determination of the methods of analysis and supervision,
as well as any changes or additions to be made thereto to take account
of technical progress, constitute measures of a technical nature whose
(1) OJ No C 16, 23. 1. 1976, p. 4.
(2) OJ No C 125, 8. 6. 1976, p. 43.
(3) OJ No C 204, 30. 8. 1976, p. 10.
(4) OJ No L 24, 30. 1. 1976, p. 21.
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adoption should be made the responsibility of the Commission so that
the procedure may be simplified and expedited;
Whereas technical progress necessitates the prompt adaptation of the
technical requirements of this Directive; whereas a procedure has
already been established under Articles 10 and 11 of Directive 76/116/
EEC for the purpose of adapting Directives on fertilizers to technicalprogress,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. Without prejudice to the application of Directive 76/116/EEC, this
Directive shall apply to straight ammonium nitrate fertilizers of highnitrogen content placed on the market in the Member States of theCommunity.
2. For the purposes of this Directive, ‘fertilizers’ means ammonium
nitrate based products manufactured chemically for use as fertilizer and
containing more than 28 % by weight of nitrogen, which may contain
inorganic additives or inert substances such as ground limestone orground dolomite, calcium sulphate, magnesium sulphate and kieserite.
3. Inorganic additives or inert substances, other than those mentioned
in paragraph 2, which are used in the compounding of the fertilizer
must not increase its sensitivity to heat or its tendency to detonate.
Article 2
To be eligible for the description ►
M1‘EC fertilizer’ ◄, the fertilizer
must conform to the characteristics and limits laid down in Annex I.The person responsible for marketing the fertilizer, established within
the Community, shall certify its conformity by use of the description
►
M1‘EC fertilizer’ ◄.
Article 3
Only packaged fertilizer may be made available to the final user.International rules on the carriage of dangerous substances shall
continue to apply for the carriage of fertilizers.
Article 4
No Member State may, on grounds relating to the requirements laid
down in this Directive, prohibit, restrict or hinder the marketing of afertilizer bearing the description ►
M1‘EC fertilizer’ ◄and
complying with the requirements of this Directive.
Article 5
The provisions of this Directive shall not preclude the taking of
measures which are justified on grounds of public security to prohibit,restrict or hinder the marketing of fertilizers.
Article 6
Member States shall take all necessary measures to ensure that fertili-
zers placed on the market under the description ►
M1‘EC
fertilizer’ ◄comply with the provisions of this Directive and Annex I
hereto.
Article 7
1. Without prejudice to the measures referred to in Article 6, Member
States may if they so desire carry out additional checks on ►M1‘EC
fertilizer’ ◄. Such checks may be carried out either before the fertili-
zers are placed on the market, or after marketing, or at both stagesconcurrently.
2. For these checks, only the test described in Annex II shall be used.
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3.►M1‘EC fertilizer’ ◄which satisfies the requirements of this
Directive and, where required by the Member State, the test of resis-tance to detonation described in Annex II, shall not be made subject tonational provisions — in particular as regards storage — which are asstringent as those applying to products which do not satisfy these
requirements.
Article 8
1. The following shall be established in accordance with the proce-
dure laid down in Article 11 of Directive 76/116/EEC:
— the method of checking compliance with the requirements of points
1, 2 and 6 of Annex I and the method of carrying out the testdescribed in Annex II;
— the number of thermal cycles laid down in Annex II to be under-
gone by the fertilizer. There shall be at least two thermal cycles;
— analysis and sampling methods;
— the maximum permissible level of heavy metals.
2. Any amendments necessary to adapt to technical progress the
methods of determining the composition and the properties of fertilizersand the method of carrying out the test of resistance to detonation shallbe adopted by the same procedure.
3. By the same procedure a decision shall be taken three years after
implementation of this Directive on whether the requirement of two
thermal cycles should be retained for the test referred to in Section 1 ofAnnex I.
Article 9
1. Where a Member State has good grounds for believing that a ferti-
lizer, although satisfying the requirements of this Directive, constitutesa hazard to safety or health, it may temporarily prohibit the marketingof the fertilizer 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, within six weeks, consult the Member
States concerned, then give its view without delay and take the appro-priate steps.
3. If the Commission considers that technical adaptations to this
Directive are necessary, such adaptations shall be adopted, either by theCommission or by the Council, in accordance with the procedure laid
down in Article 8. In this event, the Member State which has taken
precautionary measures may retain them until such adaptations comeinto force.
Article 10
1. Member States shall adopt and publish the provisions necessary to
comply with this Directive within eighteen months of its notificationand shall forthwith inform the Commission thereof.
They shall apply these provisions from 1 January 1984.2. Member States shall ensure that the Commission is informed of
the texts of the provisions of national law which they adopt in the field
governed by this Directive.
Article 11
This Directive is addressed to the Member States.
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ANNEX I
CHARACTERISTICS OF AND LIMITS FOR STRAIGHT AMMONIUM
NITRATE FERTILIZERS OF HIGH NITROGEN CONTENT
1.Porosity (oil retention)
The oil retention of the fertilizer, which must first have undergone two
thermal cycles of a temperature ranging from 25 to 50 °C, must not exceed 4
% by weight.
2.Combustible ingredients
The percentage by weight of combustible material measured as carbon must
not exceed 0•2 % for fertilizers having a nitrogen content of at least 31•5 %
by weight and must not exceed 0•4 % for fertilizers having a nitrogen content
of at least 28 % but less than 31•5 % by weight.
3.pH
A solution of 10 g of fertilizer in 100 ml of water must have a pH of at least
4•5.
4.Particle size analysis
Not more than 5 % by weight of the fertilizer must pass through a 1 mm
mesh sieve and not more than 3 % by weight must pass through a 0•5 mm
mesh sieve.
5.Chlorine
The maximum chlorine content is set at 0•02 % by weight.
6.Heavy metals
Heavy metals should not be added deliberately, and any traces which are inci-
dental to the production process should not exceed the limit fixed by the
Committee.
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ANNEX II
DESCRIPTION OF THE TEST OF RESISTANCE TO DETONATION REFERRED TO IN
ARTICLE 7
The test must be carried out on a representative sample of fertilizer. Before being tested for resistance
to detonation, the whole mass of the sample is to be thermally cycled not more than five times.
The fertilizer must be subjected to the test of resistance to detonation in a horizontal steel tube under
the following conditions:
seamless steel tube
Tube length: 1 000 mm at least
Nominal external diameter: 114 mm at leastNominal wall thickness: 5 mm at leastBooster: the type and mass of the booster chosen should be
such as to maximize the detonation pressure
applied to the sample in order to determine its
susceptibility to the transmission of detonation
Test temperature: 15 — 25 °CWitness lead cyclinders for detecting detonation: 50 mm diameter
100 mm high
placed at 150 mm intervals and supporting the tube horizontally. The test is to be carried out twice. The
test is deemed conclusive if in both tests one or more of the supporting lead cylinders is crushed by less
than 5 %.