Notification according to Article 95(5) of the EC Treaty

Request for authorisation to introduce national provisions derogating from a Community harmonisation measure

(Notification No 2002-NOTIF95.5-FR-1)

(2002/C 188/03)

(Text with EEA relevance)

1. Pursuant to Article 95(5) of the EC Treaty, on 19 June the French Republic notified the Commission of draft national measures deviating from the provisions of Council Directive 76/116/EEC(1) applicable to NK type of EC-denominated fertilisers.

2. Article 95(5) stipulates that if, after the adoption by the Council or by the Commission of a harmonisation measure, a Member State deems it necessary to introduce national provisions based on new scientific evidence relating to the protection of the environment or the working environment on grounds of a problem specific to the Member State arising after the adoption of the harmonisation measure, it shall notify the Commission of the envisaged provisions as well as the grounds for introducing them.

3. According to Article 95(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.

4. The draft national provisions are intended to prohibit for a period of one year the import, the placing on the market and the holding with a view to marketing or distribution of NK type EC-denominated fertilisers containing more than 28 % by weight of nitrogen of ammonium nitrate origin and a chloride content of more than 0,02 %. They also provide that persons having placed the fertilisers concerned on the French market will have to proceed to withdrawal of these fertilisers at their own expense. These products may only be placed on the market again once they have been found to be in conformity with the applicable rules.

5. The French authorities claim that the introduction of the above provisions is necessary in the light of risks of explosion or autodecomposition with toxic fumes releases entailed by these fertilisers, as supported by scientific documentation made available after adoption of Directive 76/116/EEC, and the specific situation of France, where exposure to the risks entailed by these fertilisers is higher than in other Member States. They further claim that the draft national provisions do not involve arbitrary discrimination, or a disguised barrier to trade between Member States, nor does it obstruct the operation of the internal market.

6. Possible observations submitted to the Commission later than one month after the publication of this notice in the Official Journal of the European Communities are in principle unlikely to be considered.

7. Further information regarding the request from the Republic of France can be obtained from: Stephane Dutheil-de-la-Rochere Ministère de l'économie, des finances et de l'industrie Direction générale de l'industrie, des technologies de l'information et des postes - Mission pour le développement industriel durable

Télédoc 846

64, allée de Bercy F - 75574 Paris Cedex 12 Tel. (33-1) 53 44 98 64 Fax (33-1) 53 44 96 49 E-mail: stephane.dutheil-de-la-rochere@industrie.gouv.fr

Contact point in the European Commission: Giovanni Indirli European Commission Directorate-General for Enterprise

Unit E3 "Chemicals"

AN88 4/39

B - 1049 Brussels Tel. (32-2) 295 12 65 Fax (32-2) 295 02 81 E-mail: giovanni.indirli@cec.eu.int

(1) OJ L 24, 30.1.1976, p. 21.