Notification according to Article 95 (4) of the EC Treaty — Withdrawal of a request to maintain national legislation derogating from the provisions of a Community Harmonisation Measure Text with EEA relevance
Date: 2006-12-21
Institutions: European Commission
Subjects: Czechia, derogation from EU law, fertiliser, marketing standard

C 314/82

EN

Official Journal of the European Union

21.12.2006

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

Withdrawal of a request to maintain national legislation derogating from the provisions of a Com-
munity Harmonisation Measure

(Text with EEA relevance)

(2006/C 314/10)

On 5 December 2005 the Czech Republic notified a request to maintain the application of national
1.
legislation concerning the placing on the market of fertilizers containing cadmium. This legislation was in
force before the date of accession of the Czech Republic to the European Union and deviates from the provi-
sions of Regulation (EC) 2003/2003 relating to fertilizers (1).

The national legislation (2) prohibits on the territory of the Czech Republic the marketing of phos-

2.
phorous mineral fertilizers containing cadmium at concentrations in excess of 50 mg/kg P2O5.
3.
Czech Decree 209/2005, in force since 1 June 2005, suspends the application of the existing national
legislation to ‘EC type’ fertilisers and restricts the application of the limit on cadmium to national fertilisers.

Article 95 (4) of the EC Treaty stipulates that if, after the adoption by the Council or by the Commis-
4.
sion 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 environment or the
working environment, it shall notify the Commission of these provisions as well as the grounds for main-
taining them.

5.
Pursuant 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 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.

In view of the complexity of the matter and of the absence of evidence highlighting a danger for
6.
human health, the Commission considered that the evaluation of the position of the Czech Republic was to
be deferred until the Commission received the opinion of the Scientific Committee on Health and Environ-
mental Risks (SCHER) and therefore deemed justified to extend the period referred to in Article 95(6), first
subparagraph, of the EC Treaty for a further period expiring on 6 December 2006.

7.
On 24 May 2006, the Commission notified the Czech Republic of its Decision 2006/390/EC of the
same date (3), whereby it extended the period referred to in Article 95(6) first subparagraph, to approve or
reject the notified national provisions for a further period expiring on 6 December 2006.

8.

The SCHER issued its opinion on the Czech risk assessment on 19 September 2006 (4).

9.
By letter of 17 November 2006, the Czech authorities informed the Commission about the withdrawal
of the current request for a derogation regarding the limit of cadmium in fertilisers. According to this letter,
the Czech authorities intend to introduce a new request once the data submitted in the Czech risk assess-
ment study have been further elaborated taking into account the opinion of the SCHER.

Given the Czech withdrawal, the Commission is no longer required to adopt a Decision approving or

10.
rejecting the national measures.

The Commission will assess on its own merits any new notification it may receive from the Czech

11.
Republic under Article 95 (4) of the EC Treaty regarding the limit of cadmium in fertilisers.

(1) OJ L 304, 21.11.2003, p. 1.
(2) Decree No 474/2000 setting down requirements for fertilisers.
(3) OJ L 150, 3.6.2006, p. 17.
(4) http://ec.europa.eu/health/ph_risk/committees/04_scher/scher_opinions_en.htm