Proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE amending Council Directives 76/116/EEC, 80/876/EEC, 89/284/EEC and 89/530/EEC on the approximation of the laws of the Member States relating to fertilizers
Date: 1996-11-21
Institutions: European Commission
Subjects: EC conformity marking, approximation of laws, fertiliser, labelling, packaging

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels, 21.11.1996 
COM(96) 594  final 

96/0280  (COD) 

Proposal  for a 

EUROPEAN  PARLIAMENT  AND COUNCIL DIRECTIVE 

amending 
(  ouncil Directives 76/116/EEC, 80/876/EEC, 89/284/EEC and 89/530/EEC on the 
approximation  of the laws of the Memhci  States relating to fertilizers 

(presented by the Commission) 

Explanatory  Memorandum 

1 

INTRODUCTION 

1.1. 
Council  Directive  76/116/EEC  of  18 December  1975  on  the  approximation  of  the 
laws  of  the  Member  States  relating  to  fertilizers1  is  undergoing  legislative  consolidation 
(the  Commission  will  shortly  transmit  a proposal  to  this effect  to  the  Council). 

1.2. 
Directive  76/116/EEC  provides  that  the  designation  "EEC  fertilizer"  may  be  used 
for  fertilizers  belonging  to  one  of  the  fertilizer  types  listed  in  Annex  I which  comply  wiih 
the  requirements  of  the  Directive,  including  those  laid  down  in  Annexes  I  to  III  This 
designation  must  appear  on  the  accompanying  documents,  the  packages  or  the  labels  of 
these  products.  Where  these  conditions  are  met,  Member  States  may  not  prohibit,  restrict 
or  hinder  the  marketing  of  fertilizers  bearing  this  designation  on  grounds  of  composition, 
identification,  labelling  or  packaging. 

Following  the  adoption  of  this  Directive,  the  Council  adopted  the  following  directives 
relating to  fertilizers  which  also  make reference  to  the designation  "EEC  fertilizer". 

Council  Directive  80/876/EEC  of  15 July  1980  on  the  approximation  of  the  laws 
of  the  Member  States  relating  to  straight  ammonium  nitrate  fertilizers  of  high 
nitrogen  content2. 
Council  Directive  89/284/EEC  of  13  April  1989  supplementing  and  amending 
Directive  76/116/EEC  in  respect  of  the  calcium,  magnesium,  sodium  and  sulphur 
content  of  fertilizers;' 
Council  Directive  89/530/EEC  of  18  September  1989  supplementing  and 
amending  Directive  76/116/EEC  in  respect  of  the  trace  elements  boron,  cobalt, 
copper,  iron,  manganese,  molybdenum  and  zinc contained  in  fertilizers4 

The  Treaty  on  European  Union  replaced 

1.3. 
term  "European  Economic 
Community"  by the  term  " European  Community";  the  abovementioned  designation  "EEC 
fertilizer"  should  therefore  be modified  accordingly. 

the 

While  this  may  be  considered  to  be  a  purely  formal  amendment,  Member  States  must 
nevertheless  transpose  it  into  national  law  if  the  marking  "EC  fertilizer"  is  to  be  used  in 
place  of  "EEC  fertilizer"  on  the  accompanying  documents,  the  packages  or  the  labels  of 
fertilizers  complying  with  the  abovementioned  conditions.  Furthermore,  this  amendment 
might  have  a  financial  impact  on  businesses  if the  labels  and  packages  had  to  be  updated 

OJ  No  1.24.  30 J:iiiiiary  1976,  p. 21. 
OJ  No  L 250.  23  September  1980.  p.  7. 
OJ  N o t.  111.22  April  19X9. p.  34. 
OJ  No  1. 2X1.  30  Sepluiiner  198V, p.  I 16. 

with  immediate  effect.  It  is therefore  necessary  to  specify  a period  during  which  labels  and 
packages  bearing  the  indication  "EEC  fertilizer"  may continue to  be used 

For  these  reasons,  and  because  a  consolidating  directive  does  not  have  to  be  transposed 
since  consolidated  directives  are  assumed  to  have  been  transposed  within  the -necessary 
legislative 
period,  this  amendment  could  not  be  incorporated 
consolidation  owing  to  its purely  formal  character. 

in  the  proposal  for 

Consequently,  this  proposal  amends  the  abovementioned  Council  Directives  by  replacing 
the designation  "EEC  fertilizer"  by that  of  "EC  fertilizer". 

1.4. 
Once  this  proposal  has  been  adopted  by  the  Council,  it  is  planned  to  incorporate 
the  amendment  in  the  proposal  for  legislative  consolidation  which  will  then  be  before  the 
Council. 

There  are no  subsidiarity  implications,  given  that  the proposal  is based  on  Article 43  of  the 
Treaty  establishing  the  European  Community  and  that  it  is therefore  a matter  of  exclusive 
Community  competence.  Moreover,  the  proposal  is  compatible  with  the  proportionality 
principle  set  out  in  the  third  subparagraph  of  Article  3b  of  the  abovementioned  Treaty, 
since  it  merely  adapts  the  existing  terminology  to  that  introduced  by  the  Treaty  on 
European  Union. 

2 

COST-BENEFIT  ANALYSIS  OF THE  DRAFT  DIRECTIVE 

2.1 

Costs 

2.1.1 

Impact 

The  impact  of  this  draft  Directive  in  terms  of  costs  concerns  the  updating  of  the  labels 
used  for  fertilizers  that  may  be  designated  "EC  fertilizers".  No  further  cost  impact  is 
expected. 

2:12,  Costs 

The  application  of this  draft  Directive  involves  only the  technical  costs  of  substituting  the 
labels.  Companies  which  have  stocks  of  labelled  products  may  take  advantage  of  the 
adaptation  period  to  use up these stocks and  avoid  the cost  of changing  the labels. 

9  > 

lienelils 

The  obligation  to  implement  the  provisions  of  the  Directive  has  the  advantage  that  it 
eliminates  any  doubts  that  may  be  raised  in  respect  of  the  capacity  of  EEC  fertilizers  to 
circulate  freely  within  the  European  Union  on  the  grounds  that  they  bear  an  obsolete 
designation. 

3 

CONSULTATIONS  REQUIRED FOR THE DRAFT REVISION 

The  draft  revision  was  discussed  at  the  meetings  of  the  Fertilizers  Working  Group,  at 
which  representatives  of  industry  were  also  present  (EFMA,  European  -Fertilizers 
Manufacturers'  Association). The  opinion  of this  organization  was taken  into  account,  in 
particular with regard to the time allowed to industry to adapt to the new situation 

4 

ANALYSIS OF THE PROPOSED CHANGES 

Substitution  of the term  "EEC fertilizer"  by "EC fertilizer"  is proposed  in all cases  verified 
in the following Council  Directives: 

-76/116/EEC 
- 80/876/EEC 
-  8 9/2 84/1: EC 
-•X9/530/EEC 

5. 

LEGAL BASIS 

Under  Article G  of  the  Treaty  on  European  Union, 
the  term  "European  Economic 
Community"  has been  replaced  by the  term  "European  Community".  The  initials  "EEC" 
are therefore to be replaced by the initials "EC". 

6 

CONSULTATION  OF  THE  EUROPEAN  PARLIAMENT  AND  ECONOMIC 
AND SOCIAL COMMITTEE 

In  accordance  with  Article  100a  of  the  Treaty,  the  co-decision  procedure  applies.  The 
Economic and Social Committee must also be consulted. 

Proposal  for  a  European  Parliament  and  Council  Directive  amending  Council 
Directives  76/116/EEC,  80/876/EEC,  89/284/EEC  and  89/530/EEC  on 
the 
approximation of the laws of the Member States relating to fertilizers 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN 
UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article  100a thereof, 

Having regard to the proposal from  the Commission1, 

Having regard to the opinion of the Economic and Social Committee2, 

Acting in accordance with the procedure under Article  189b of the Treaty3, 

Whereas,  under  Article G  of  the  Treaty  on  European  Union,  the  term  'European 
Economic Community'  has been replaced by the term  'European Community';  whereas 
the initials  'EEC  should therefore  be replaced by the initials  'EC; 

Whereas  the  term  'EEC  fertilizer'  is  contained  in  certain  provisions  of  Council 
Directive  76/116/EEC  of  18 December  1975  on  the  approximation  of  the  laws  of  the 
Member  States  relating  to  fertilizers4,  Council  Directive  80/876/EEC  of  15 July  1980 
on the approximation  of the  laws of the Member  States  relating  to  straight  ammonium 
nitrate  fertilizers  of  high  nitrogen  content5,  Council  Directive  89/284/EEC  of  13 
April  1989  supplementing  and  amending  Directive  76/116/EEC  in  respect  of  the 
calcium,  magnesium,  sodium and sulphur content  of fertilizers6  and Council  Directive 
89/530/EEC  of  18  September  1989  supplementing  and  amending  Directive 
76/116/EEC  in  respect  of  the  trace  elements  boron,  cobalt,  copper,  iron,  manganese, 
molybdenum and zinc contained  in fertilizers;  whereas, in consequence,  the term  'EEC 
fertilizer'  should be replaced  in these provisions by the term  'EC  fertilizer'; 

Whereas,  however,  manufacturers  normally  keep  in  stock 
large  quantities  of 
packagings,  labels  and  accompanying  documents,  thereby  exposing  themselves  to  the 
risk  of  incurring  additional  expenditure  in  the  event  of  such  a  change  being 
implemented  with  immediate  effect;  whereas,  therefore,  a  period  should  be  fixed 
during  which packagings,  labels and accompanying documents marked  'EEC  fertilizer' 
can continue to be used, 

HAVE ADOPTED THIS DIRECTIVE: 

OJ  L 24,  30 January  1976,  p.21.  Directive  tast  supplemented  and  amended  by  Directive  89/530/ŒC. 
(OJ  L 281,  30 September  1989,  p. 116). 
OJ  L 250, 23 September  1980,  p.7. 
OJ  L  111,  22 April  1989,  p.34. 

^f 

1. Directive 76/116/EEC is hereby amended  as follows: 

Article  1 

a) In Article  1, the term 'EEC fertilizer'  shall be replaced by the term 'EC fertilizer1. 

b) In Article 2, the term 'EEC fertilizer'  shall be replaced  by the term  'EC  fertilizer'. 

c) In Article 7, the term 'EEC fertilizer'  shall be replaced  by the term  'EC  fertilizer'. 

d)  In Article 8(1), the term 'EEC fertilizer'  shall be replaced  by the term 'EC fertilizer' 

e)  In  Annex  II,  point  1(a),  the  term  'EEC  fertilizer'  shall  be  replaced  by  the  term  'EC 
fertilizer'. 

2.  Directive  80/876/EEC  is hereby amended  as  follows: 

a) In Article 2, the term  'EEC fertilizer'  shall be replaced  by the term  'EC  fertilizer' 

b) In Article 4, the term 'EEC fertilizer'  shall be replaced  by the term  'EC  fertilizer'. 

c) In Article 6, the term 'EEC fertilizer'  shall be replaced  by the term  'EC  fertilizer'. 

d) In Article 7(1), the term 'EEC fertilizer'  shall be replaced  by the term  'EC fertilizer' 

e) In Article 7(3), the term 'EEC fertilizer'  shall be replaced  by the term 'EC  fertilizer'. 

3.  Directive  89/284/EEC  is hereby amended  as  follows: 

a)  In Article  1, the term  'EEC fertilizer'  shall be replaced  by the term  'EC  fertilizer' 

b)  In Article 2, the term 'EEC fertilizer'  shall be replaced  by the term  'EC  fertilizer' 

c)  In Article 4, the term  'EEC' fertilizer'  shall be replaced  by the term  'EC  fertilizer' 

d)  In Article 6(a), the term  'EEC fertilizer'  shall be replaced  by the term  'EC  fertilizer' 

e)  In  Article  9(1)  and  (2),  the  term  'EEC  fertilizer'  shall  be  replaced  by  the  term  'EC 
fertilizer'. 

4. Directive  89/530/EEC  is hereby amended  as follows: 

a)  In Article  1(1), the term 'EEC  fertilizer'  shall be replaced  by the term  'EC  fertilizer' 

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b) In Article  1(2), the term 'EEC fertilizer' shall be replaced by the term  'EC  fertilizer'. 

c) In Article 2, the term 'EEC fertilizer' shall be replaced by the term 'EC  fertilizer'. 

d) In Article 3(1), the term 'EEC fertilizer'  shall be replaced by the term 'EC  fertilizer' 

e) In Article 3(1 )(b), the term 'EEC fertilizer'  shall be replaced by the term 'EC  fertilizer'. 

f) In Article 4(a), the term 'EEC fertilizer' shall be replaced by the term 'EC  fertilizer'. 

g) In Article 6, the term 'EEC fertilizer' shall be replaced  by the term 'EC  fertilizer' 

h)  In the Annex,  Chapters  C and  D, the term  'EEC fertilizer'  shall  be replaced  by the term 
'EC  fertilizer'. 

Article  2 

The stocks of packagings, labels and accompanying documents marked  'EEC fertilizer' can 
continue to be used until 31 December  1998. 

Article  3 

1. 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions necessary  to comply with this Directive by  1  July  1998 at  the  latest  and 
shall forthwith  inform  the Commission thereof. 

When Member  States adopt  these provisions, the latter  shall contain  a reference  to 
this Directive or shall be accompanied  by such  a reference  on the  occasion  of their 
official  publication.  The  methods  for  making  such  reference  shall  be  laid  down  by 
the Member  States. 

2 

Member  Slates  shall  forthwith  communicate  to  the  Commission  the  text  of  all 
provisions  of  domestic  law  which  they  adopt  in  the  field  governed  by  this 
Directive.  The Commission  shall inform  the other Member  States accordingly 

Article  4 

This  Directive  shall  enter  into  force  on  the  twentieth  day  following  its  publication  in  the 
Official  Journal  of the European  Communities. 

C 

This Directive is addressed  to the Member  States. 

Article  5 

Done at Brussels 

For the European  Parliament 

For the Council 

? 

ISSN 0254-1475 

COM(96) 594 final 

DOCUMENTS 

EN 

06  03  02 

Catalogue number  :  CB-C0-96-591-EN-C 

ISBN 92-78-11649-1 

Office  for Official  Publications of the European Communities 

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