Notification according to Article 95(4) of the EC Treaty — Request for an authorisation to extend the application of national legislation derogating from the provisions of a Community Harmonisation Measure   (Text with EEA relevance)
Date: 2005-08-12
Institutions: European Commission
Subjects: Finland, cadmium, derogation from EU law, fertiliser, market approval

C 197/4

EN

Official Journal of the European Union

12.8.2005

Notification according to Article 95(4) of the EC Treaty

Request for an authorisation to extend the application of national legislation derogating from the
provisions of a Community Harmonisation Measure

(2005/C 197/03)

(Text with EEA relevance)

1. On 7 June 2005 the Republic of Finland notified a request
to extend the application of national legislation concerning
containing
the placing on the market of
cadmium. This legislation was already in force at the date
of accession of the Republic of Finland to the European
Union and deviates from the provisions of Regulation (EC)
No 2003/2003 relating to fertilizers (1).

fertilizers

5. Article 95(4) stipulates that if, after the adoption by the
Council or by the Commission of a harmonisation
measure, a Member State deems it necessary to maintain
national provisions on grounds of major needs referred to
in Article 30, or relating to the protection of the environ-
ment or the working environment,
it shall notify the
Commission of these provisions as well as the grounds for
maintaining them.

2. Upon accession to the European Union at the beginning of
1995, the Republic of Finland had legally binding limit
values for the concentration of cadmium in mineral fertili-
zers and Article 84 and point 2 of Annex X of the Act of
Accession of the Republic of Finland provide that Article 7
of Directive 76/116/EEC (2),
in so far as it concerns the
cadmium content of
fertilizers, shall not apply to the
Republic of Finland before 1 January 1999. Directive
76/116/EEC was
subsequently amended by Directive
98/97/EC (3) regarding the marketing in Austria, Finland
and in Sweden of fertilizers containing cadmium, allowing,
the
inter alia,
marketing on its
containing
territory of
cadmium at concentrations in excess of that which was
fixed nationally at the date of accession. This derogation
applied for the period from 1 January 1999 until 31
December 2001.

the Republic of Finland to prohibit

fertilizers

3. On 7 December 2001 the Republic of Finland notified
existing national legislation, deviating from the provisions
of Directive 76/116/EEC on the approximation of the laws
of the Member States relating to fertilizers. After careful
consideration, the Commission Decision 2002/398/EC of
24 May 2002 (4) on the national provisions notified by the
Republic of Finland under Article 95(4) of the EC Treaty
concerning the maximum admissible content of cadmium
in fertilizers granted a prolongation of the derogation from
Directive 76/116/EEC until 31 December 2005. This
period was granted on the assumption that harmonised
legislation would be in place by end 2005. Although work
is in progress, legislation would not be adopted at Com-
munity level before the end of the year.

4. The national legislation of the Republic of Finland provides
that agricultural and horticultural fertilizers may contain
no more than 50 mg of cadmium for each kilogram of
phosphorus. The value is mentioned in Section 3 of the
Decision of the Ministry of Agriculture and Forestry (45/
1994) of 21 January 1994.

(1) OJ L 304, 21.11.2003, p. 1.
(2) This directive is repealed and its content is integrated into Regu-
lation (EC) No 2003/2003. Article 7 of this Directive corresponds
to Article 5 of Regulation (EC) No 2003/2003

(3) OJ L 18, 23.1.1999, p. 60.
(4) OJ L 138, 28.5.2002, p. 15.

6. The Commission shall, within six months of the notifica-
tion 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.

7. The Finnish authority justify its request by referring to a
risk assessment carried out in accordance with a metho-
dology approved by the Commission (‘Cadmium in fertili-
zers — risks to human health and the environment,
Ministry of Agriculture and Forestry in Finland, Publica-
tions 4/2000’) which was submitted to the Commission in
connection with the processing of Commission Decision
2002/398/EC.

the special

The risk assessment showed that, regarding the environ-
ment, the Finnish soil and waters are highly sensitive to
negative impacts caused by cadmium. Already the present
cadmium content of arable land causes damage to living
organisms in the soil and, due to cadmium leached from
arable lands, to living organisms in waters. The risk assess-
ment also took account of
the
Finnish environment, such as high acidity of arable land
and waters,
large quantities of organic matter and soft
waters. These all have impacts on the binding and move-
ment of cadmium and toxicity of organisms. In view of the
human health, at present a relatively small share of the
elderly population in Finland belongs to a risk group with
respect to cadmium, i.e. excessive absorption of cadmium
may have negative health impacts on them. Increase in the
cadmium content in fertilizers would lead to a considerable
increase in the number of people belonging to this risk
group.

features of

12.8.2005

EN

Official Journal of the European Union

C 197/5

8. The Republic of Finland therefore deems it necessary
according to Article 95(4) of the Treaty establishing the
European Community to maintain the national regulations
concerning cadmium in fertilizers from the 1 January
2006 and until
the ad-hoc EU legislation concerning
cadmium in fertilizers enters into force

9. Possible observations on the notification thus made by the
Republic of Finland submitted to the Commission later
than 30 days from the date of publication of this notice
may not be taken into consideration.

10. Further

information regarding the

request

from the

Republic of Finland can be obtained from:

Mrs Riitta Heinonen
Ministry of Agriculture and Forestry
Hallituskatu 3A
Helsinki

P.O. Box 30
Fin-0023 Government
Tel. (358-9) 160 01
Fax. (358-9) 16 05 24 43
E-mail: riitta.heinonen@mmm.fi

Contact point in the European Commission:

European Commission
Directorate-General Enterprise and Industry
Mr Philippe Brunerie
Unit G2 Chemicals
Avenue des Nerviens 105
B-1040 Brussels
Tel. (32-2) 295 21 99
Fax (32-2) 295 02 81
e-mail: Entr-Chemicals@cec.eu.int