2006/390/EC: Commission Decision of  24 May 2006  on the national provisions notified by the Czech Republic under Article 95(4) of the EC Treaty concerning the maximum admissible content of cadmium in fertilisers  (notified under document number C(2006) 2036)   (Text with EEA relevance)
Date: 2006-05-24
Institutions: European Commission
Subjects: Czechia, cadmium, derogation from EU law, fertiliser, marketing, plant health legislation

3.6.2006

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Official Journal of the European Union

L 150/17

COMMISSION

COMMISSION DECISION

of 24 May 2006

on the national provisions notified by the Czech Republic under Article 95(4) of the EC Treaty
concerning the maximum admissible content of cadmium in fertilisers

(notified under document number C(2006) 2036)

(Only the Czech version is authentic)

(Text with EEA relevance)

(2006/390/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community, and in particular Article 95(6) thereof,

establishing the European

The Commission shall, within six months of the
6.
the national provisions
notification approve or reject
involved after having verified whether or not they are a
a disguised
means of
arbitrary discrimination or
restriction to trade between Member
and
States
whether or not they shall constitute an obstacle to the
functioning of the internal market.

Whereas:

I. FACTS

In the absence of a Decision by the Commission within
this period the national provisions referred to in para-
graphs 4 (…) shall be deemed to have been approved.

(1)

By letter of the Office of the Permanent Representation
of
the Czech Republic to the European Union of 1
the Czech Government, referring to
December 2005,
Article 95(4) of the Treaty, notified to the Commission
its national provisions regarding the cadmium content in
fertilisers that it deems necessary to maintain after the
the
adoption of Regulation (EC) No 2003/2003 of
European Parliament and the Council of 13 October
2003 relating to fertilisers (1).

1. ARTICLE 95(4) AND (6) OF THE TREATY

(3)

(2)

Article 95(4) and (6) of the Treaty provides:

‘4.
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
the environment or the
relating to the protection of
working environment,
it shall notify the Commission
of these provisions as well as the grounds for main-
taining them.

(4)

When justified by the complexity of the matter and in
the absence of danger for human health, the Commission
may notify the Member State concerned that the period
referred to in this paragraph may be extended for a
further period of up to six months.’

2. COMMUNITY LEGISLATION

Council Directive 76/116/EEC of 18 December 1975 on
the approximation of the laws of the Member States
relating to fertilisers (2), as last amended by Directive
98/97/EC (3), laid down the requirements that fertilisers
must fulfil in order to be placed on the market with the
designation ‘EC fertilisers’. Directive 76/116/EEC has been
replaced by Regulation (EC) No 2003/2003.

Annex I to Regulation (EC) No 2003/2003 sets out the
type designation and the corresponding requirements,
e.g. with respect
that each EC-
designated fertiliser must fulfil. EC-designated fertilisers
are grouped into categories,
included in this
depending on the content of the primary nutrients, i.e.
the elements nitrogen, phosphorus and potassium.

to its composition,

list

(…)

(1) OJ L 304, 21.11.2003, p. 1.

(2) OJ L 24, 30.1.1976, p. 21.
(3) OJ L 18, 23.1.1999, p. 60.

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(5)

(6)

(7)

The rules governing the composition of fertilisers covered
by Regulation (EC) No 2003/2003 do not provide for a
limit value for the cadmium content of EC-designated
fertilisers.

(11)

The following provisions are currently in place:

Article 5 stipulates that Member States are not permitted
labelling or
on grounds of composition,
packaging, prohibit, restrict or hinder the marketing of
fertilisers marked ‘EC fertiliser’ which comply with the
provisions of this Regulation.

identification,

— Article 1 to Commission Decision 2006/349/EC (7)
the placing on the
to prohibit
allows Austria
national market of phosphorous mineral
fertilisers
with a cadmium content exceeding 75 mg/kg P2O5,

— Article 1 to Commission Decision 2006/348/EC (8)
the placing on the
allows Finland to prohibit
fertilisers
national market of phosphorous mineral
with a cadmium content exceeding 50 mg for each
kilogram of phosphorus,

the Regulation announces

the
Recital 15 of
Commission will address
the issue of unintentional
cadmium content in mineral fertilisers and will, where
appropriate, draw-up a proposal for a Regulation and
will present
to the European Parliament and the
Council.

that

it

1

to

— Finally, Article
Commission Decision
2006/347/EC (9)
the
placing on the national market of phosphorous
cadmium content
mineral
exceeding 100 grams per tonne of phosphorous.

allows Sweden to prohibit

fertilisers with

a

(8) Work is in progress to prepare a Commission proposal

on cadmium in fertilisers.

(12)

These derogations shall apply until harmonised measures
on cadmium in fertilisers are adopted at EU level.

3. NATIONAL DEROGATIONS GRANTED TO AUSTRIA,
FINLAND AND SWEDEN

4. CZECH NATIONAL LEGISLATION

(9)

The environmental concerns caused by cadmium in ferti-
lisers were raised at Community level during the nego-
tiations for the Accession of Austria, Finland and Sweden
to the European Union. In their Act of Accession these
three countries were granted temporary derogations from
Community legislation on fertilisers in order to allow a
careful evaluation of the risks from cadmium in fertilisers
at Community level.

(13)

The national provisions notified by the Czech Republic
were introduced by the Fertilisers Act (10). Article 3,
paragraph 2, point (c) stipulates that it is prohibited to
place on the national market a fertiliser with a higher
content of hazardous substances than that specified in
the Decree.

(10) On the basis of

the conclusions of national

risk
assessments, the Commission renewed in 2002 the dero-
gations to Austria (4), Finland (5) and Sweden (6) until 31
December 2005. Due to delays in the adoption of
the
Community
content of
cadmium in phosphorous
the derogations
were once again extended in January 2006.

legislation concerning

fertilisers,

(4) Commission Decision 2002/366/EC of 15 May 2002 on the
national provisions notified by the Republic of Austria under
Article 95(4) of the EC Treaty concerning the maximum admissible
content of cadmium in fertilisers (OJ L 132, 17.5.2002, p. 65).
(5) Commission Decision 2002/398/EC of 24 May 2002 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 fertilisers (OJ L 138, 28.5.2002, p. 15).
(6) Commission Decision 2002/399/EC of 24 May 2002 on the
national provisions notified by the Kingdom of Sweden under
Article 95(4) o the EC Treaty concerning the maximum admissible
content of cadmium in fertilisers (OJ L 138, 28.5.2002, p. 24).

(14) Decree 474/2000 of 13 December 2000 laying down
inter alia, the limit
requirements for fertilisers (11), sets,
value for cadmium in mineral fertilisers. According to
Annex I, the cadmium content of phosphorous mineral
fertilisers (with 5 % P2O5 or more) cannot exceed 50
mg/kg of P2O5.

(15)

The Czech Republic acceded to the European Union on 1
May 2004. The Act of Accession does not contain tran-
sitional provisions concerning the use and marketing of
cadmium in the national territory.

(7) OJ L 129, 17.5.2006, p. 31.
(8) OJ L 129, 17.5.2006, p. 25.
(9) OJ L 129, 17.5.2006, p. 19.
(10) Act 156/1998 of 12 June 1998 on fertilisers, supplementary soil
substances, supplementary plant preparations and substrates and on
land (Sbírka zákonů České
agrochemical
Republiky No 54, 13.7.1998, p. 6709).

testing of agricultural

(11) Sbírka zákonů České Republiky No 137, 20.12.2000, p. 7404.

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(16) Decree 209/2005 of 20 May 2005 amending Decree
474/2000 on establishing the requirements for ferti-
lisers (12), brings the national provisions in line with
Regulation (EC) No 2003/2003. Article 1, paragraph 1
of the Decree, stipulates that the market restriction on
cadmium in fertilisers is only applicable to national ferti-
lisers. It does not apply to ‘EC-type’ fertilisers.

(22) As already indicated, Article 5 of Regulation (EC) No
2003/2003 prevents Member States from restricting the
marketing of EC-denominated fertilisers because of their
composition, but the rules governing composition do not
set any limit value for cadmium content. This means that
pursuant
fertilisers
to Article 5,
that Regulation
complying with the requirements of
can be placed on the market
their
cadmium content.

EC-denominated

regardless of

II. PROCEDURE

(17)

By letter of 1 December 2005, the Czech authorities
notified the Commission its national provisions on the
cadmium content in fertilisers that it intends to maintain
after the adoption of Regulation (EC) No 2003/2003.

(23)

In the light of the above mentioned, it is clear that the
national provisions notified by the Czech Republic, in so
far as they prohibit the placing on the market of EC-
denominated phosphorus mineral
fertilisers with a
cadmium content exceeding 50 mg/kg P2O5, are more
restrictive than those contained in Regulation (EC) No
2003/2003.

(18)

(19)

the Commission
By letter of 13 December 2005,
informed the Czech Government
it had received
the notification under Article 95(4) of the Treaty and
the six-month period for its examination under
that
Article 95(6) started on 6 December 2005,
the day
following the day on which the notification was received.

that

By letter of 2 February 2006, the Commission informed
the other Member States of the notification received from
the Czech Republic. The Commission also published a
notice regarding the notification in the Official Journal of
the European Union (13) in order to inform other interested
parties of the national provisions that the Czech Republic
intends to maintain as well as the grounds invoked to
that effect.

III. ASSESSMENT

1. CONSIDERATION OF ADMISSIBILITY

(20) Article 95(4) of the Treaty provides that,

if, after the
adoption by the Council or by the Commission of a
harmonisation measure,
it
necessary to maintain national provisions on grounds
of major needs referred to in Article 30, or relating to
the protection of the environment or the working envir-
onment,
these
provisions as well as the grounds for maintaining them.

shall notify the Commission of

a Member State deems

it

(21)

The notification submitted by the Czech authorities on 1
December 2005 intends
to obtain authorisation to
maintain the application of national provisions incom-
patible with those concerning the composition of EC-
denominated fertilisers contained in Regulation (EC) No
2003/2003.

(12) Sbírka zákonů České Republiky No 75, 20.5.2005, p. 3928.
(13) OJ C 29, 4.2.2006, p. 8.

(24) As indicated above, the Commission has already granted
derogations
legislation to
to maintain the national
Austria, Finland and Sweden. Although their Act of
the
Accession already included transitional provisions,
the
renewed on the basis of
derogations were
conclusions of
the
assessments provided by
national authorities following a common methodology
agreed by the European Commission.

risks

(25) Article 95(4) requires that the notification of the national
the
provisions be accompanied by a description of
grounds relating to one or more of the major needs
referred to in Article 30 or to the protection of the
environment or the working environment. The appli-
cation submitted by the Czech Republic contains the
actual wording of the national provisions, together with
a study (14)
to assess risks resulting from the use of
phosphate fertilisers containing cadmium which,
in the
opinion of the Czech authorities, justify the maintenance
of its national provisions. The national risk assessment
the methodology agreed by the European
follows
Commission.

(26)

In the light of the foregoing, the Commission is of the
the notification submitted by the Czech
opinion that
Republic in order to obtain approval
for maintaining
national provisions derogating from the provisions of
therefore to be
Regulation (EC) No 2003/2003 is
considered admissible under Article 95(4) of
the EC
Treaty.

(14) Čupr, P., Sáňka, M., Holoubek,

I.: Study to assess risks to the
environment and health resulting from the use of phosphate ferti-
lisers containing cadmium, November 2005; RECETOX Research
Centre for Environmental Chemistry and Ecotoxicology, Masaryk
University; TOCOEN REPORT No 285. http://europa.eu.int/
comm/enterprise/chemicals/legislation/fertilizers/cadmium/sctee.pdf

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(27)

(28)

(29)

(30)

2. ASSESSMENT OF MERITS

the
In accordance with Article 95 of
Commission has
the conditions
to ensure that all
enabling a Member State to avail itself of the possibilities
of derogation provided for in this article are fulfilled.

the Treaty,

In particular, the Commission has to assess whether the
provisions notified by the Member States are justified on
grounds of major needs referred to in Article 30 of the
Treaty, or relating to the protection of the environment
or the working environment.

that

to Article 95(6) of

the Treaty,
In addition, pursuant
where it considers
the national provisions are
justified, the Commission must check whether or not
those national provisions are a means of arbitrary discri-
mination or a disguised restriction on trade between
Member States and whether or not they constitute an
obstacle to the functioning of the internal market.

The Czech Republic has based its request on the need of
protection of human health and the
environment.
Cadmium in fertilisers is deemed to pose a threat to
the environment and human health. In support of its
request,
the Czech Republic makes reference to the
conclusions of a national study, which contains an
assessment of the risks posed by cadmium-containing
fertilisers.

2.1.

JUSTIFICATION ON GROUNDS OF MAJOR NEEDS
REFERRED TO IN ARTICLE 30 OR RELATING TO THE
PROTECTION OF THE ENVIRONMENT OR WORKING
ENVIRONMENT

2.1.1. General information on cadmium

(31)

Cadmium is a heavy metal naturally present in the envir-
onment, but most emissions of this metal are due to
various human activities
(production of non-ferrous
metals, combustion of fossil fuels, application of fertiliser,
etc.).

(34)

(35)

(36)

(37)

(32) A general

risk assessment on cadmium metal and
cadmium oxide is currently being carried out under
Council Regulation (EEC) No 793/93 of 23 March
the risks of
1993 on the evaluation and control of
substances (15) with
as
existing
all
risk
rapporteur. This
important uses and emissions of cadmium. At present
only a draft report is available for discussions at the
technical level.

Belgium acting
address

assessment will

is by far

general can be considered to pose serious risks to human
health, in particular to kidneys and bones. Furthermore,
cadmium oxide has been classified as a carcinogen,
category 2. It is also generally agreed that cadmium in
source of
the most
fertilisers
cadmium input to soil and to the food chain. The draft
general risk assessment calls for caution as risk to human
health can not be excluded for
local and regional
situations, and that even risk factors that are below 1.0
may not be protective enough for all sections of the
general population because of
the large variability in
food cadmium concentrations, dietary habits and nutri-
tional status.

important

2.1.2. Cadmium in fertilisers

Cadmium is present in the natural state in the phosphate
mineral rocks which are mined for use as raw material to
manufacture phosphatic mineral fertilisers. In the finished
state, these fertilisers always contain certain amounts of
cadmium, depending on the original content of
the
phosphate rocks.

Cadmium is regarded as harmful both to the envir-
onment and to human health. Phosphate fertilisers have
been identified as a major source of cadmium on arable
land, where it tends to accumulate over time. Crops tend
to absorb cadmium from the soil, and the cadmium
content of food, which is the main source of human
intake of cadmium, has become an issue of concern
for human health. When ingested in food, cadmium
tends to accumulate in the kidneys and may eventually
lead to kidney dysfunction in vulnerable groups.

The environmental concerns raised by cadmium in ferti-
lisers were first raised at Community level during the
negotiations for the Accession of Austria, Finland and
Sweden to the European Union. As indicated above,
those three Member States were granted temporary dero-
gations from Community legislation on fertilisers in
order to allow a careful evaluation of the risks from
cadmium in fertilisers at Community level.

and

data

information on the

the Commission first gathered all
In this context,
available
exposure
situation in the European Community from cadmium
in fertilisers. As not enough data were available in all
Member States, the Commission mandated two studies
to elaborate a methodology and procedures with a view
to assessing the risks to health and the environment from
cadmium in fertilisers (16). Member States were subse-
quently invited to carry out nation-wide risk assessments
by making use of
and
procedures.

above methodology

the

(33)

From the scientific data available up to now, it can be
concluded that cadmium metal and cadmium oxide in

(15) OJ L 84, 5.4.1993, p. 1.

(16) ERM,

study on data requirements and programme for data
production and gathering to support a future evaluation of the
risks to health and the environment for cadmium in fertilisers,
March 1999; See also ERM, study to establish a programme of
detailed procedures for the assessment of risks to health and the
environment from cadmium in fertilisers, February 2000.

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(38) Nine Member States have completed risk assessments
concerning cadmium in fertilisers. These risk assessments
have been made available to the public since September
2001 on the Commission's web-site (17). In addition, a
separate study which analyses these risk assessments has
been published and various options for risk management
of cadmium in fertilisers at a Community wide scale have
been developed (18).

(42)

(39)

(40)

cultivated

is
that

The above national risk assessments were submitted to
the Scientific Committee on Toxicity, Ecotoxicity and the
Environment (CSTEE) (19) for evaluation. In particular, the
the highest
CSTEE was asked to indicate what
cadmium concentration in fertilisers
can be
tolerated in order to avoid a significant increase in the
cadmium content of
soil. The CSTEE
concluded that
the content of cadmium in fertilisers
does need to be limited to prevent accumulation of
cadmium in the soil. Accumulation can occur in some
soils even when fertilisers containing very low cadmium
concentrations and will not be observed in some soils
even when using fertilisers with high cadmium levels.
However, fertilisers containing less than 20 mg Cd/kg
P2O5 would,
in
in most soils, not expect
long-term soil accumulation, if other Cd inputs are not
considered, while fertilisers containing more than 60 mg
Cd/kg P2O5 would,
in most soils, expect to result in
long-term soil accumulation. Therefore, a limit
for
cadmium in phosphate fertilisers
should be derived
based on a risk assessment approach and taking all
cadmium sources into account (20).

to result

risk

general

assessment,

The completion of
risk assessment on
the general
cadmium and cadmium oxide has taken a relatively
long time, and there is at present no final EU-wide
assessment of risks from cadmium. The final draft of
the
dated March 2005,
endorses the opinion of the CSTEE concerning the accu-
mulation of cadmium in soil. Although it states that the
contribution from cadmium in fertilisers may not by
itself be sufficient to cause a severe and immediate risk
to human health or to the environment, caution is
needed,
risk to human health cannot be
excluded for all local and regional situations because of
the large variability in food cadmium concentrations,
dietary habits and nutritional status.

the

as

(41)

Pending finalisation of the general risk assessment on
cadmium and cadmium oxide as well as the potential
the
follow-up work on risk

reduction measures,

(17) http://europa.eu.int/comm/enterprise/chemicals/legislation/fertilizers/

cadmium/reports_en.htm

(18) ERM, analysis and conclusions from Member States' assessment of
the risk to health and the environment from Cadmium in fertilisers,
October 2001.

(19) Renamed SCHER (Scientific Committee on Health and Environ-

mental Risks).

environment

(20) CSTEE's opinion on Member State assessments of the risk to health
from cadmium in fertilisers. Opinion
and the
expressed at
the 33rd CSTEE Plenary meeting, Brussels, 24
September 2002. http://europa.eu.int/comm/enterprise/chemicals/
legislation/fertilizers/cadmium/sctee.pdf

Commission proposal on cadmium in fertilisers has
been subject to some delays.

2.1.3. The risk assessment carried out by the Czech

Republic

fertilisers

In support of the request for a limit on cadmium in
have
phosphate
submitted a national risk assessment. The framework
used for conducting its risk assessment is built around
three modules:

the Czech

authorities

2.1.3.1. The accumulation module

(43) According to this module,

the net accumulation of
cadmium in soil and soil solution (or pore water) (21),
resulting from the application of fertilisers, is computed
over time at steady state. The accumulation module
allows for a range of inputs, for example average and
extreme rates of application. The Czech risk assessment
shows that with this module the following parameters
have been considered:

— the present day cadmium concentration in soil,

— the cadmium input rate (due to mineral fertilisers but
soil conditioning
and weathering of

also to atmospheric deposition,
preparations,
parent rock),

sewage

sludge

— the cadmium up-take rate concerning plants,

— the cadmium leaching rate, depending on the annual
concentration of
and

precipitation excess
cadmium in the pore water leachate,

the

— the concentration of cadmium in the soil and
leaching rates at present and after one hundred
years
conditions,
scenarios:
increased fertiliser application rates
conditions of
cadmium
and conditions of
content.

increased fertiliser

current

three

for

2.1.3.2. The exposure module

(44) According to this module, the uptake of cadmium from
soil into cultivated plants and the subsequent intake of
cadmium by humans are computed, using exposure para-
meters characterising both current and extreme exposure
scenarios.

(21) Pore water means that part of the water contained in the soil which
is maintained by capillarity between the solid particles of the soil.

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2.1.3.3. The risk characterisation module

(45)

This module allows the Czech Republic to estimate the
incidence and severity of the adverse effects likely to
occur due to actual or predicted exposure to cadmium.
Calculations are performed for three scenarios and four
PNEC (22) values.

2.1.4. The results of the risk assessment

(46)

The application of
the modules has produced hazard
indices (PEC/PNEC ratios) (23) in the range of 0,1-1,19,
with a realistic worse-case value of 0,93 highlighted as
justification for national restrictions, provided that the
cadmium content
fertilisers
does not exceed 50 mg/kg P2O5.

in phosphorous mineral

— Comment on whether the reported PEC/PNEC ratio
of 0,93 is the most appropriate value to describe the
risk to human health and the environment.

(50)

The evaluation of the position of the Czech Republic is
therefore deferred until
the Commission receives the
opinion of the scientific committee.

2.2. RECOURSE TO ARTICLE 95(6), THIRD SUBPARAGRAPH,

OF THE TREATY

(51) After

a

these

careful

the
examination of
Commission considers that the conditions laid down in
Article 95(6), third subparagraph, are met in order for it
to have recourse to the possibility of extending the six-
month period within which it has to approve or reject
the national provisions provided for by that Article.

data,

2.1.5. Evaluation of the position of the Czech Republic

(47)

The risk-assessment submitted by the Czech authorities
has been carried out according to the procedures and the
methodology established at Community level, which are
considered to ensure a high degree of reliability of the
information obtained.

(52)

(48) Given that the value proposed by the Czech Republic to
justify the maintenance of national measures is to a
it was deemed appropriate
PEC/PNEC ratio close to 1,
to submit
to the Commission's
Scientific Committee on Health and Environmental
Risks (SCHER) for a careful evaluation.

the risk-assessment

(49)

In particular, the SCHER has been requested to:

— Assess the overall scientific quality of

the Czech

report and identify any major deficiencies.

— Comment on the appropriateness of the scenarios
studied and on the conclusions concerning the accu-
mulation of cadmium in the soil.

(22) PNEC: Predictable No-Effect Concentration.
(23) The risk-assessment methodology, outlined in Commission Regu-
lation (EC) No 1488/94 and further detailed in the Technical
Guidance Document on risk assessment
for new and existing
substances, consists in calculating the ratios between the Predicted
Environmental Concentration (PEC) of a given substance and the
Predicted No-Effect Concentration (PNEC) of that substance in any
specific environmental compartment. Risk is quantified by the
PEC/PNEC ratio, a quantity referred to in the Czech report as the
hazard index. A PEC/PNEC ratio below 1 indicates no risk to the
environment, whereas a ratio of 1 or greater indicates a situation of
real or potential risk; the larger the value, the greater the magnitude
of the effect. Proportionate risk management measures are indicated
in cases where the PEC/PNEC ratio is greater than 1.

2.2.1. Justification based on the complexity of

the

matter

health.

human

The Commission's

In view of the study submitted by the Czech authorities,
which concludes that the PEC/PNEC ratio is very close to
1, an examination by the SCHER is necessary in order to
clarify whether there is indeed a risk to the environment
and
scientific
committee was consulted in the past when Austria,
Finland and Sweden submitted similar
in
support of their request for a national derogation. The
Commission Decision under Article 95(6), first subpar-
this
agraph, should therefore await
these
review.
the Commission
is justified to extend the six-month
considers that
it
period within which it has to approve or reject
the
national provisions for a further period in order to
allow for a careful evaluation and opinion by the
scientific committee and for corresponding conclusions
to be drawn as regards the national provisions. To this
end, a period expiring on 6 December 2006 is necessary.

the outcome of

circumstances,

studies

In

2.2.2. Absence of danger to human health

(53) On the basis of the assumptions and scenarios used, the
Czech report concludes that there is currently no risk to
human health resulting from the use of cadmium in
fertilisers.

(54)

intake

The permitted tolerable weekly
(PTWI) of
cadmium set by the WHO (World Health Organisation)
is of 7 μg/kg/week. This limit is equivalent to 60 μg/day
for an individual with an average weight of 60 kg. In the
Czech Republic, the average daily cadmium intake by an
adult was estimated at 12-27 μg/day in 2000, depending
on the scenario envisaged, which amounts to approxi-
mately 19 %-45 % of the WHO limit.

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(55)

the

exceeds 1,

In the human risk characterisation module provided by
the Czech authorities, the intakes of cadmium identified
in different scenarios were compared with the limit
values recommended by the WHO. The result
is the
so-called margin of safety (MOS). When the margin of
safety
examined situation can be
considered as a source of potential health risk for an
exposed person. Under the assumptions and with the
methodology used in the Czech report, which is being
scrutinised by the Scientific Committee, the limit MOS
ratio of 1 was not exceeded in any of the exposure
scenarios,
including the upper-bound scenario studied,
i.e. assuming that 100 % of supplied food originates
from fertiliser-applied areas and that
the cadmium
content is at the level of 90 mg/kg P2O5.

the period referred to in Article 95(6), first subparagraph,
for a further period expiring on 6 December 2006,

HAS ADOPTED THIS DECISION:

Article 1

Pursuant Article 95(6), third subparagraph, of the Treaty, the
period referred to in the first subparagraph of the said Article to
approve or reject the national provisions on cadmium in ferti-
lisers notified by the Czech Republic on 1 December 2005
pursuant to Article 95(4) is extended until 6 December 2006.

Article 2

IV. CONCLUSION

This Decision is addressed to the Czech Republic.

(56)

In the light of the foregoing, the Commission concludes
that the application that the Czech Republic notified to it
on 1 December 2005 with a view to obtaining approval
of its national provisions on the limit of the cadmium
content in fertilisers is admissible.

(57) However, in view of the complexity of the matter and of
the absence of evidence highlighting a danger for human
health, the Commission considers it justified to extend

Done at Brussels, 24 May 2006.

For the Commission

Günter VERHEUGEN
Vice-President