REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Regulation (EU) 2019/1009 of the European Parliament and of the Council laying down rules on the making available on the market of EU fertilising products
Date: 2023-10-16
Institutions: Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, European Commission
Subjects: European Commission, delegated legislation, fertiliser, fertiliser industry, harmonisation of standards, market approval, powers of the institutions (EU), single market

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 16.10.2023  COM(2023) 581 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Regulation (EU) 2019/1009 of the European Parliament and of the Council laying down rules on the making available on the market of EU fertilising products  
 
 
1.  INTRODUCTION 

Regulation (EU) 2019/1009 of the European Parliament and of the Council of 5 June 2019 laying down 
rules on the making available on the market of EU fertilising products and amending Regulations (EC) 
No 1069/2009 and (EC) No 1107/2009 and repealing Regulation (EC) No 2003/20031 applies as of 16 
July 2022.  

It replaces Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 
2003 relating to fertilisers2.  

Regulation  (EU)  2019/1009  expands  the  scope  of  the  harmonisation  to  new  categories  of  fertilising 
products, in particular innovative products and circular products containing materials recovered from 
waste or by-products. It lays down agronomic efficiency and safety requirements for the CE-marking of 
fertilising products. Manufacturers remain free to choose it to rely on its provisions and CE-mark their 
fertilising products or to follow the national rules on fertilising products. 

2.  LEGAL BASIS 

Article 42 of Regulation (EU) 2019/1009 confers on the Commission the power to adopt delegated acts 
amending Annex I, with the exception of cadmium limit values, the definitions and elements relating to 
the scope of product function categories, amending Annexes II, III and IV, as well as supplementing 
Annex II.  

As soon as the Commission adopts a delegated act, it has to notify it simultaneously to the European 
Parliament and to the Council. The delegated act enters into force only if no objection has been expressed 
by either the European Parliament or the Council within a period of three months of notification of that 
act or if, before the expiry of that period, the European Parliament and the Council have both informed 
the Commission that they will not object. That period may be extended by three months at the initiative 
of the European Parliament or of the Council.   

With this report, the Commission complies with the reporting requirements established in Article 44(2) 
of Regulation (EU) 2019/1009. 

3.  EXERCISE OF THE DELEGATION 

3.1 

Empowerments used during the reporting period 

During the reporting period3, the Commission exercised its delegated powers by adopting the following 
delegated acts4: 

•  Commission Delegated Regulation (EU) 2021/1768 of 23 June 2021 amending, for the purpose 
of its adaptation to technical progress, Annexes I, II, III and IV to Regulation (EU) 2019/1009 
of the European Parliament and of the Council laying down rules on the making available on 
the market of EU fertilising products5. This delegated Regulation was adopted based on Article 
42(1) of Regulation (EU) 2019/1009, entered into force on 28 October 2021 and started applying 
as of 16 July 2022.   

•  Commission Delegated Regulation (EU) 2021/2086 of 5 July 2021 amending Annexes II and 
IV to Regulation (EU) 2019/1009 of the European Parliament and of the Council for the purpose 

1 OJ L 170, 25.6.2019, p. 1. 
2 OJ L 304, 21.11.2003, p. 1.  
3 The cut-off date for the inclusion in this section of delegated acts adopted during the reporting period is 31 
August 2023.  
4 The delegated acts are listed in the chronological order of their date of adoption. 
5 OJ L 356, 8.10.2021, p. 8. 

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of adding precipitated phosphate salts and derivates as a component material category in EU 
fertilising  products6.  This  delegated  Regulation  was  adopted  based  on  Article  42(1)  of 
Regulation (EU) 2019/1009, entered into force on 20 December 2021 and started applying as 
of 16 July 2022.   

•  Commission Delegated Regulation (EU) 2021/2087 of 6 July 2021 amending Annexes II, III 
and IV to Regulation (EU) 2019/1009 of the European Parliament and of the Council for the 
purpose of adding thermal oxidation materials and derivates as a component material category 
in EU fertilising products7. This delegated Regulation was adopted based on Article 42(1) of 
Regulation (EU) 2019/1009, entered into force on 20 December 2021 and started applying as 
of 16 July 2022.   

•  Commission Delegated Regulation (EU) 2021/2088 of 7 July 2021 amending Annexes II, III 
and IV to Regulation (EU) 2019/1009 of the European Parliament and of the Council for the 
purpose of adding pyrolysis and gasification materials as a component material category in EU 
fertilising  products8.  This  delegated  Regulation  was  adopted  based  on  Article  42(1)  of 
Regulation (EU) 2019/1009, entered into force on 20 December 2021 and started applying as 
of 16 July 2022.    

•  Commission Delegated Regulation (EU) 2022/973 of 14 March 2022 supplementing Regulation 
(EU)  2019/1009  of  the  European  Parliament  and  of  the  Council  by  laying  down  criteria  on 
agronomic  efficiency  and  safety  for  the  use  of  by-products  in  EU  fertilising  products9.  This 
delegated  Regulation  was  adopted  based  on  Article  42(7)  of  Regulation  (EU)  2019/1009, 
entered into force on 14 July 2022 and started applying as of 16 July 2022.10    

•  Commission Delegated Regulation (EU) 2022/1171 of 22 March 2022 amending Annexes II, 
III and IV to Regulation (EU) 2019/1009 of the European Parliament and of the Council for the 
purpose  of  adding  recovered  high  purity  materials  as  a  component  material  category  in  EU 
fertilising  products11.  This  delegated  Regulation  was  adopted  based  on  Article  42(1)  of 
Regulation (EU) 2019/1009, entered into force on 16 July 2022 and started applying as of 28 
July 2022.    

• 

 Commission Delegated Regulation (EU) 2022/1519 of 5 May 2022 amending Regulation (EU) 
2019/1009 of the European Parliament and of the Council as regards the requirements applicable 
to  EU  fertilising  products  containing  inhibiting  compounds  and  the  post  processing  of 
digestate12.  This delegated Regulation was adopted based on Article 42(1) of Regulation (EU) 
2019/1009, entered into force on 3 October 2022 and started applying as of that date. 

•  Commission Delegated Regulation (EU) 2023/409 of 18 November 2022 amending Regulation 
(EU) 2019/1009 of the European Parliament and of the Council as regards the minimum content 
of  calcium  oxide  in  straight  solid  inorganic  macronutrient  fertilisers13.  This  delegated 
Regulation  was  adopted  based  on  Article  42(1)  of  Regulation  (EU)  2019/1009,  entered  into 
force on 16 March 2023 and started applying as of that date. 

6 OJ L 427, 30.11.2021, p. 120. 
7 OJ L 427, 30.11.2021, p. 130. 
8 OJ L 427, 30.11.2021, p. 140. 
9 OJ L 167, 24.6.2022, p. 29. 
10 In Case T-560/22, Fachverband Eisenhüttenschlacken v Commission, pending before the General Court, the 
applicant  requests  the  annulment  of  a  provision  of  this  delegated  Regulation;  one  of  the  pleas  is  an  alleged 
exceedance or misuse of the delegation of powers in Article 42(7) of Regulation (EU) 2019/1009. The Commission 
considers this plea as unfounded.  
11 OJ L 183, 8.7.2022, p. 2 
12 OJ L 236, 13.9.2022, p. 5. 
13 OJ L 59, 24.2.2023, p. 1. 

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The Commission notified each of these delegated acts simultaneously to the European Parliament and 
to  the  Council,  in  accordance  with  Article  44(5)  of  Regulation  (EU)  2019/1009.  The  European 
Parliament and the Council did not extend the objection period referred to in Article 44(6) of Regulation 
(EU)  2019/1009  in  relation  to  any  of  these  acts.  Neither  the  European  Parliament  nor  the  Council 
objected to any of the above acts. 

The adoption of these delegated acts facilitated the trade with renewable bio-based fertilising products 
containing  innovative  materials  out  of  organic  waste  (e.g.  livestock  manure,  waste  water,  sludge, 
municipal waste), thus contributing to the objectives of the Farm to Fork Strategy14.  

3.2 

Empowerment not used during the reporting period 

The empowerment in Article 42(8) of Regulation (EU) 2019/1009 was not used during the reporting 
period. In accordance with this Article, the Commission is empowered to adopt delegated acts in the 
light  of  new  scientific  evidence.  The  Commission  is  currently  assessing  new  scientific  evidence 
regarding the use of phosphonates as plant biostimulants. No decision has been taken yet on the adoption 
of a delegated act given the possible implications on maximum residues limits in food and feed. New 
scientific  developments  may  require  a  delegated  act  pursuant  to  Article  42(8).  Therefore,  this 
empowerment is still needed. 

3.3 

Future developments 

The Commission is currently assessing  various  adaptations to technical progress of Regulation (EU) 
2019/1009, to provide new opportunities for the circular economy in this sector. In particular, work is 
ongoing  on  possible  delegated  Regulations  based  on  Article  42(1),  in  the  conditions  laid  down  in 
paragraphs (4), (5) and (6) of the same Article. More precisely: 

•  Article 42(4) - microorganisms 

The  Commission  is  currently  assessing  certain  microorganisms  to  determine  if  they  are  safe  and 
therefore could be included within the scope of the harmonisation rules, in accordance with Article 42(1) 
and (4) of Regulation (EU) 2019/1009.  

•  Article 42(5) - products derived from animal by-products 

The  Commission  adopted  Delegated  Regulation  (EU)  2023/1605  of  22  May  2023  supplementing 
Regulation  (EC)  No  1069/2009  of  the  European  Parliament  and  of  the  Council  as  regards  the 
determination of end points in the manufacturing chain of certain organic fertilisers and soil improvers15. 
The Commission is currently assessing those derived products with respect to relevant aspects not taken 
into account for the purpose of determining an end point in the manufacturing chain, in the conditions 
laid down in Article 42(5). A first delegated act concerning processed manure is to be adopted by the 
end of 2023.  

•  Article 42(6) - biodegradability criteria for certain polymers  

The  Commission  is  currently  assessing  the  possibility  of  laying  down  biodegradability  criteria  for 
polymers referred to in point 2 of component material category 9 in Part II of Annex II of Regulation 
(EU) 2019/1009 and test methods to verify compliance with those criteria.  

4.  CONCLUSION 

By relying on the empowerments in Regulation (EU) 2019/1009, the Commission facilitated the trade 
of fertilising products in the internal market  and promoted green and circular alternatives to fertilisers 

14 Communication from the Commission to the European Parliament, the Council, the European Economic and 
Social Committee and the Committee of the Regions. A Farm to Fork Strategy for a fair, healthy and 
environmentally-friendly food system.  COM/2020/381 final, 20.5.2020 
15 OJ L 198, 8.8.2023, p. 1.  

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produced  out  of  natural  gas  or  other mined materials.  This  is  of  particular  importance  to  ensure the 
availability and affordability of fertilisers16.  

The Commission sees the need for an extension of the delegation of powers provided for in Article 42 
of Regulation (EU) 2019/1009 for a period of five years, in accordance with Article 44(2).  

This  will  be  particularly  important  to  provide  the  necessary  flexibility  in  the  legal  framework  to 
complement and adjust it regularly to the latest technical progress and scientific developments.  

The Commission invites the European Parliament and the Council to take note of this report. 

16 Communication from the Commission to the European Parliament, the Council, the European Economic and 
Social Committee and the Committee of the Regions of 9 November 2022, Ensuring availability and 
affordability of fertilisers, COM/2022/590.  

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