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) (Text with EEA relevance)
Date: 2002-08-08
Institutions: European Commission
Subjects: France, derogation from EU law, fertiliser, marketing, preparation for market

8.8.2002

EN

Official Journal of the European Communities

C 188/3

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

Request for authorisation to introduce national provisions derogating from a Community harmon-
isation 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
a harmonisation
Council or by the Commission of
measure, a Member State deems it necessary to introduce
national provisions based on new scientific evidence relating
to the protection of
the working
environment on grounds of a problem specific to the
Member State arising after the adoption of the harmon-
isation measure,
the
envisaged provisions as well as the grounds for introducing
them.

it shall notify the Commission of

the environment or

entailed by these fertilisers, as supported by scientific docu-
mentation 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 discrimi-
nation, 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:

l'industrie, des

Stephane Dutheil-de-la-Rochere
Ministère de l'économie, des finances et de l'industrie
Direction générale de
l'information et des postes — Mission pour
oppement 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

technologies de
le dével-

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

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
disguised restriction to trade between Member States and
whether or not they shall constitute an obstacle to the
functioning of the internal market.

arbitrary discrimination or

a means of

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
fertilisers
having
provide
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.

persons

placed

that

the

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

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