Notification according to Article 95(4) of the EC Treaty of national legislation derogating from the provisions of a Community harmonisation measure (No 2001-NOTIF95.4-SV-1) (Text with EEA relevance)
Date: 2002-01-25
Institutions: European Commission
Subjects: Sweden, cadmium, derogation from EU law, environmental protection, fertiliser, marketing

C 23/6

EN

Official Journal of the European Communities

25.1.2002

to the conclusion of

8. Finland justifies its request on grounds relating to the
In support to the
human health and the environment.
request, Finland refers
the risk
assessment report named (cid:145)Cadmium in fertilisers, risks to
human health and the environment(cid:146), Ministry of Agri-
culture and Forestry, publication 4/2000, a version of
October 2000 with the same conclusions has been
available to the public since September 2001 on the
Commission website at:

http://europa.eu.int/comm/enterprise/chemicals/fertilizers/
riskassest/reports.htm

9. According to the overall conclusions of the abovemen-
tioned risk assessment, Finland maintains that at present,
cadmium concentrations in Finnish agricultural soil pose a
risk for soil organisms and that the leaching of cadmium
from the agricultural soil is causing a risk for the aquatic
environment. Finland maintains that the risk assessment
concludes also that
there is a risk of adverse health
effects as a result of the present total cadmium exposure
in the Finnish population. While the average cadmium
intake from food alone does not pose a risk in Finland,
certain parts of the population are at risk because of high
dietary intake, increased absorption and/or smoking.

10.

the foregoing,

In the light of
the Republic of Finland
deems
it necessary to maintain the above national
least
provisions also after 31 December 2001 and at
until the Community has decided appropriate measures
on the use of cadmium in fertilisers.

11. Possible observations on the notification thus made by
Finland submitted to the Commission later than fifteen
days from the date of publication of this notice may not
be taken into consideration.

12. Further

information regarding the

request

from the

Republic of Finland can be obtained from:

Jaana Husu-Kallio
Maa- ja Mets(cid:228)talousministeri(cid:246)
Elintarvike- ja terveysosasto
Hallituskatu 3A
Helsinki PL 30
FIN-00023 Government
tel. (358-9) 16 01
fax (358-9) 160 42 02
e-mail: jaana.husu-kallio@mmm.fi

Contact point in the European Commission:

Philippe Brunerie
European Commission
Directorate General (cid:145)Enterprise(cid:146)
Unit E3 (cid:145)Chemicals(cid:146)
AN88 4/40
B-1049 Brussels
tel. (32-2) 295 21 99
fax (32-2) 295 02 81
e-mail: philippe.brunerie@cec.eu.int

Notification according to Article 95(4) of the EC Treaty of national legislation derogating from the
provisions of a Community harmonisation measure

(No 2001-NOTIF95.4-SV-1)

(2002/C 23/05)

(Text with EEA relevance)

that

it deems

1. On 7 December 2001 the Kingdom of Sweden notified the
Commission according to Article 95(4) of the Treaty estab-
it
lishing the European Communities
necessary to maintain national
legislation deviating from
the provisions of Council Directive 76/116/EEC of 18
December 1975 on the approximation of the laws of the
Member States relating to fertilisers (1), as last amended by
Directive 98/97/EC (2) of the European Parliament and of
the Council of 22 December 1998 regarding the marketing
in Austria, Finland and in Sweden of fertilisers containing
cadmium.

2. Article 95(4) stipulates that if, after the adoption by the
Council or by the Commission of a harmonisation

(1) OJ L 262, 27.9.1976, p. 201.
(2) OJ L 18, 23.1.1999, p. 60.

measure, a Member State deems it necessary to maintain
national provisions on grounds of major needs referred to
the
in Article 30, or
environment or the working environment, it shall notify
the Commission of these provisions as well as the grounds
for maintaining them.

relating to the protection of

3. The Commission shall, within six months of the notifi-
cation 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.

25.1.2002

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Official Journal of the European Communities

C 23/7

increase of

9. Sweden maintains that if fertilisers with a higher cadmium
content than today would be allowed, this would lead to a
substantial
the cadmium concentrations in
soils, that these high concentrations of cadmium in soils
would lead to toxic effects on soil organisms, and that
unacceptable concentrations could also appear in water-
courses in agricultural regions.

between

In the view of the Swedish authorities, the risk assessment
shows that if fertilisers with higher cadmium content than
today would be allowed this would lead to a substantial
increase in the dietary intake of cadmium. The safety
the WHO
and
margin
is extremely
tolerable weekly intake level
provisional
small. For some high-risk groups, such as women with
low body iron stores, there are no safety margins at all.
A high dietary intake of cadmium could therefore lead to a
larger number of people who could be affected by reduced
kidney functions and increased osteoporosis.

exposure

today’s

10.

In the light of the foregoing, the Kingdom of Sweden
it necessary to maintain the above national
deems
least
provisions also after 31 December 2001 and at
until the Community has decided appropriate measures
on the use of cadmium in fertilisers.

11. Possible observations on the notification thus made by
Finland submitted to the Commission later than fifteen
days from the date of publication of this notice may not
be taken into consideration.

12. Further

information regarding the

request

from the

Kingdom of Sweden can be obtained from:

Mats Wiberg
Jordbruksdepartementet
S-103 33 Stockholm
tel. (46-8) 405 10 00
fax (46-8) 20 64 96
e-mail: registrator@agriculture.ministry.se

Contact point in the European Commission:

Philippe Brunerie
European Commission
Directorate General (cid:145)Enterprise(cid:146)
Unit E3 (cid:145)Chemicals(cid:146)
AN88 4/40
B-1049 Brussels
tel. (32-2) 295 21 99
fax (32-2) 295 02 81
e-mail: philippe.brunerie@cec.eu.int

4. The national

legislation prohibits on the territory of the
Kingdom of Sweden the marketing and the transfer of
fertilisers covered by customs
tariffs numbers 2510,
2809, 2835, 3103 and 3105 containing cadmium at
concentrations in excess of 100 grams per tonne of phos-
phorus. This value is mentioned in Article 3, third indent
of the ordinance 1998:944 relating to the prohibition (. . .)
in certain cases in connection with handling, import and
export of chemical products.

5. The 1994 Act of Accession of the Kingdom of Sweden
already granted a derogation to Sweden to temporarily
maintain the abovementioned national provisions Article
112 and point 4 of Annex XII of the Act of Accession
provide that Article 7 of Directive 76/116/EEC, in so far as
it concerns the cadmium content of fertilisers, shall not
apply to the Kingdom of Sweden before 1 January 1999.

6. Directive 76/116/EEC was

subsequently amended by
Directive 98/97/EC regarding the marketing in Austria,
fertilisers containing cadmium,
Finland and Sweden of
allowing the Kingdom of Sweden to prohibit
the
marketing on its
containing
territory of
cadmium at concentrations in excess of that which was
fixed nationally at the date of accession. This derogation
applies for the period from 1 January 1999 until 31
December 2001.

fertilisers

7. On 14 September 2001,

the Commission adopted a
proposal for a regulation of the European Parliament and
Council relating to fertilisers (1) which, inter alia, provides
for an extension of
the derogation mentioned above.
According to Article 33 of this proposal, Sweden may
prohibit the placing on the market on its territory of EC
fertilisers containing cadmium at concentrations in excess
of that which was fixed nationally at the date of Accession
until 31 December 2004. The second paragraph of the
in
same Article provides
consultation with Member States and interested parities,
review by 30 June 2002 at the latest the need for estab-
lishing provisions at Community level concerning the
cadmium content in fertilisers.

the Commission shall,

that

8. Sweden justifies its request on grounds relating to the
In support of the
human health and the environment.
request, Sweden refers to the conclusion of
the risk
assessment report named (cid:145)Assessment of risks to health
in Sweden from cadmium in
and the environment
fertilisers(cid:146) and published on 4 October 2000 by the
National Chemicals Inspectorate which has been available
to the public since September 2001 in the Commission
website at:

http://europa.eu.int/comm/enterprise/chemicals/fertilizers/
riskassest/reports.htm

(1) COM(2001) 508 final.