Commission Regulation (EC) No 1107/2008 of 7 November 2008 amending Regulation (EC) No 2003/2003 of the European Parliament and of the Council relating to fertilisers for the purposes of adapting Annexes I and IV thereto to technical progress (Text with EEA relevance)
Date: 2008-11-07
Institutions: European Commission
Subjects: EC conformity marking, approximation of laws, fertiliser, free movement of goods, labelling, product quality

8.11.2008

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Official Journal of the European Union

L 299/13

COMMISSION REGULATION (EC) No 1107/2008

of 7 November 2008

amending Regulation (EC) No 2003/2003 of the European Parliament and of the Council relating to
fertilisers for the purposes of adapting Annexes I and IV thereto to technical progress

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

Having regard to the Treaty
Community,

establishing the European

Having regard to Regulation (EC) No 2003/2003 of
the
European Parliament and of the Council of 13 October 2003
relating to fertilisers (1), and in particular Article 31(1) and (3)
thereof,

Whereas:

(6)

(7)

(1)

(2)

(3)

(4)

Article 3 of Regulation (EC) No 2003/2003 provides that
a fertiliser belonging to a type of fertiliser listed in Annex
I thereto and complying with the conditions laid down in
that Regulation may be designated ‘EC fertiliser’.

Ammonium sulphate and calcium nitrate (nitrate of lime)
are both listed as fertiliser types in Annex I to Regulation
(EC) No 2003/2003. However, combinations of those
two fertiliser types may not be designated ‘EC fertiliser’.
As combinations of ammonium sulphate and calcium
nitrate (nitrate of lime) have been used successfully in
two Member States,
should be
recognised as ‘EC fertilisers’ so that they can be made
more
the
easily
Community.

such combinations

to farmers

throughout

available

Many of the primary nutrient fertiliser types containing
nitrogen that are listed in Annex I tend to release their
nitrogen too rapidly for crops to benefit fully from it,
and as a result the excess nitrogen may potentially cause
harm to the environment.

As regards two EC fertiliser types listed in Annex I to
Regulation (EC) No 2003/2003, the addition of dicyan­
diamide, one of a number of substances known as nitri­
fication inhibitors, may prevent any such potential harm
to the environment. Other types of EC fertiliser may
contain nitrogen in a different
form for which
nitrification inhibitors are not effective. For those other
types, urease inhibitors may offer a satisfactory solution.

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

To allow greater access to the agronomic and environ­
mental benefits of nitrification or urease inhibitors, the
use of nitrification or urease inhibitors should be allowed
for most types of nitrogen fertilisers, and more types of
inhibitors should be allowed.

A list of authorised nitrification and urease inhibitors
should therefore be introduced in Annex I to Regulation
(EC) No 2003/2003.

Annex IV to Regulation (EC) No 2003/2003 provides
detailed descriptions of the methods of analysis to be
used to measure the nutrient content of EC fertilisers.
Those descriptions,
they concern iodine
insofar as
concentration, need to be adjusted in order to have
correct analysis values.

(8)

Regulation (EC) No 2003/2003 should therefore be
amended accordingly.

(9)

The measures provided for in this Regulation are in
accordance with the opinion of
the Committee
established by Article 32 of Regulation (EC) No
2003/2003,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EC) No 2003/2003 is amended in

1.
accordance with Annex I to this Regulation.

Annex IV to Regulation (EC) No 2003/2003 is amended

2.
in accordance with Annex II to this Regulation.

Article 2

This Regulation shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

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Official Journal of the European Union

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This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 7 November 2008.

For the Commission

Günter VERHEUGEN
Vice-President

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Official Journal of the European Union

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ANNEX I

Annex I to Regulation (EC) No 2003/2003 is amended as follows:
(1) in Table A.1, the entry for fertiliser type 4 ‘sulphate of ammonia’ is replaced by the following:

‘4

Sulphate of
ammonia

obtained

Chemically
product
containing ammonium sulphate
ingredient,
as
its
15 %
to
possibly with
calcium nitrate (nitrate of lime).

essential
up

19,7 % N

Nitrogen expressed as total
nitrogen.

Maximum content of nitric
nitrogen 2,2 % N if calcium
nitrate (nitrate of
is
added.

lime)

When marketed in the form of
a combination of ammonium
sulphate and calcium nitrate
the desig­
lime),
(nitrate of
nation must include “with up
to
calcium nitrate
15 %
(nitrate of lime)”.

Ammoniacal nitrogen.

Total nitrogen if calcium
nitrate (nitrate of
is
added’

lime)

(2) in Table A.1, the entries for fertiliser types 16, 17 and footnote (a) are deleted. Type 18 becomes type 16:

(3) the following Section F is added:

‘F. Nitrification and urease inhibitors

The urease and nitrification inhibitors listed in the Tables F.1. and F.2. below may be added to the nitrogenous
fertilisers types listed in Sections A.1., B.1., B.2., B.3., C.1. and C.2. of Annex I subject to the following provisions:

(1) at least 50 % of the total nitrogen content of the fertiliser consists of the nitrogen forms specified in column 3;

(2) they do not belong to the fertiliser types mentioned in column 4.
Fertilisers to which a nitrification inhibitor listed in Table F.1. has been added shall have the words “with nitrification
inhibitor ([type designation of nitrification inhibitor])” added to their type designation.
Fertilisers to which a urease inhibitor listed in Table F.2. has been added shall have the words “with urease inhibitor
([type designation of urease inhibitor])” added to their type designation.

Technical information, as complete as possible, must be provided with each package or bulk consignment by the
person responsible for marketing. This information must enable the user in particular to determine the rates and
timing of application in relation to the crop being grown.

New nitrification inhibitors or urease inhibitors may be included in the Tables F1 or F2 respectively after evaluation of
the technical files submitted in accordance with guidelines to be elaborated for these compounds.

F.1. Nitrification inhibitors

Type designation and
composition of the nitrification
inhibitor

Minimum and maximum inhibitor
content as a percentage by mass of the
total nitrogen present as ammonium
nitrogen and urea nitrogen.

EC fertiliser types for
which the inhibitor
may not be used

Description of nitrification
inhibitors with which
mixtures are allowed

Data on permitted ratio

2

3

4

5

No

1

1

Dicyandiamide

Minimum 2,25

ELINCS No 207-312-8

Maximum 4,5

F.2. Urease inhibitors

No

1

1

Type designation and
composition of the urease
inhibitor

Minimum and maximum inhibitor
content as a percentage by mass of the
total nitrogen present as urea nitrogen

EC fertiliser types for
which the inhibitor
may not be used

Description of urease
inhibitors with which
mixtures are allowed

Data on permitted ratio

2

3

4

5

N-(n-butyl) thiophosphoric
triamide (NBPT)

ELINCS No 435-740-7

Minimum 0,09
Maximum 0,20’

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ANNEX II

Section B of Annex IV to Regulation (EC) No 2003/2003 is amended as follows:

(1) in the note in point 4.11. of Method 2.3.2, the second, third and fourth subparagraphs are replaced by the following:

‘Titrate with 0,05 mol/l iodine (I2) solution in the presence of a starch solution as an indicator.

1 ml of iodine (I2) solution 0,05 mol/l corresponds to 0,01128 g of SnCl2

·2H2O.

At least 80 % of the total tin present in the solution thus prepared must be in a bivalent form. For the titration at
least 35 ml of 0,05 mol/l iodine (I2) solution must be used.’

(2) in the note in point 4.11. of Method 2.6.1, the second, third and fourth subparagraphs are replaced by the following:

‘Titrate with 0,05 mol/l iodine (I2) solution in the presence of a starch solution as an indicator.

1 ml of iodine (I2) solution 0,05 mol/l corresponds to 0,01128 g of SnCl2

·2H2O.

At least 80 % of the total tin present in the solution thus prepared must be in a bivalent form. For the titration at
least 35 ml of 0,05 mol/l iodine (I2) solution must be used.’