CELEX: 51975PC0635
Language: en
Date: 1975-12-15
Title: Proposal for a COUNCIL DIRECTIVE on the approximation of laws, regulations and administrative provisions relating to the marketing of high nitrogen content ammonium nitrate based fertilizer (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 635
Vol. 1975/0238
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                                        0014(75 ) 635 final
                                        Brussels , 15 Lecember 1975
                                Proposal for a
                               COUNCIL DIRECTIVE
                  on the approximation of laws , reflations
                  and administrative provisions relating to
                  the marketing of high nitrogen content
                  arincnium nitrate based fertilizer
                ( submitted to the Council by the Commission )
     COUH75 ) 635 final
 ---pagebreak---                          EXPLANATORY lOtroRAIIDUM
(SlWJj i:!T'RODUCTIOII
The Resolution of the Council of 28 May 1$59 establishing a programme
for the elimination of technical "barriers to trade in industrial products
included proposals for directives for straight and compound fertilizers .
The Council is in the final stages of discussion of a general directive
dealing with the composition , labelling and packaging of straight and
compound fertilizers .
I-Ii.vh nitrogen content straight ammonium nitrate fertilizers are of part­
icular interest in agriculture because they are a highly concentrated
source of the fertilising element nitrogen , and a smaller weight of fert­
ilizer has to be transported and stored to achieve the same fertilizing
effect as with lower nitrogen content products ,,
Ammonium nitrate is a chemical which also is used as a material for explo­
sive manufacture in admixtures with oil .      An ammonium nitrate of high
porosity not only readily adsorbs oil but in itself is more susceptible
to the propagation of detonation than low porosity ammonium nitrate . A
number of other parameters such as pH and chloride content affect the
stability of ammonium nitrate towards heat .
The general directive on the approximation of laws , regulations a.nd
administrative provisions concerning the composition , packaging and
labelling of fertilizers will remove barriers to trade in the fertilizer
market in this respect , however in a number of Member States trade in
high nitrogen content ammonium nitrate fertilizer is hampered by provisions
concerting its storage and marketing , which create considerable restrictions
in certain Member States where ammonium nitrate fertilizer is classed and
stored as an explosive .    These storage provisons are in most Member States
extremely complex and apply to a very wide range of explosive or potentially
explosive products .    Their harmonisation would therefore be an extremely
difficult and complicated task .
 ---pagebreak--- η · ■
      f
        Although in the past there. , have Jwenv serious explosions of large stocks of
        ammonium nitrate fertilizer with severe loss of life , modem manufacturing
        techniques can produce a safe and stable fertilize** which, i ^-.clearly' distirn
        guishable from explosive products .    The Commission in making this proposal
        of Directive for classification of ammonium, nitrate fertilizer considers
        that this constitutes an important and essential step to the removal of
        technical barriers to trade ,.   The clearer definition of fertilizer set out
        in this directive will allow Member States to amend their storage regulations
        in respect of ammonium nitrate fertilizer and indeed as a result of the prep­
        aration of this proposal several Member States are 'already starting this work.
        Should serious technical barriers to trade, continue to exi'st aft®r the imple­
        mentation of this directive the .Commission will consider a further stage such
        as proposing common ryiles for storage .
 ---pagebreak--- NOTES ON INDIVIDUAL ARTICLES
xlrticle 1
This Article defines the scope of application of the directive and relates
it to the general Directive „on fertilizers .
Article 2
This Article lays down the procedure for testing and certifying the fert­
ilizer for detonability and porosity "before marketing and at regular
intervals thereafter .    It also lays down the conditions by which a repeat
of the certification test may be required .
Article 3
This Article describes tha procedure for designation and notification of
the authorities competent to carry out the certification procedure .
                                               m *- >                    '
Article 4
This Article defines the'" labelling requirements which are additional to
those of the main directive on fertilizers and are required for identifi­
cation of the fertilizer with the. certificate . '     !
Article 5                                             , ■
This Article requites the Member States to accept conformity of a properly
labelled and certified fertilizer without removing their right to carry
out other verification tests .
Article 6
This is a standard free circulation article .
Article 7
This Article require st!fche Member States to carry out control measures to
ensure conformity of fertilizer marketed under the directive With its
provisions .
                                                                 • •/# •
 ---pagebreak---         Article 8                                 " """
        This Article lays down the procedure for adapting the Direotive to
        technical progress .                                     . ,
        Article 9
        This Article is a standard safeguard olause .
        Articles 10 and 11
        These Articles are common to all Directives
III     CONSULTATION OF INTERESTED PARTIES
        The proposal of Directive has been elaborated following extensive consul–
    ' tation with a working party composed of experts on fertilizers , explosives
        and public and industrial safety in close collaboration with relevant
        organisations from the industry concerned .
 IV     CONSULTATION OF THE EUROPEAN PAHLIjJflSHT AND THE ECONOMIC AND SOCIAL
      . COMMITTEE                  . .                 .. ......
        In application of Article 100 , para 2 , of the Traaty, taking into account
        the fact that the application of this Directive implies modification of
        the existing legal provisions of the Member States , the " opinion of the
     • European Parliament and the Eoonomio and Social Committee is necessary.
 ---pagebreak---                       PROPOSAL FOR A COUNCIL DIRECTIVE
on the approximation of the laws of the Member States concerning ammonium
                              nitrate based fertilizer
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
HAVING REGARD to the Treaty establishing the European Economic Community,
and in particular Article 100 thereof ;
HAVING REGMtD to the proposal from the Commission ;
HAVING REGARD to the Opinion of the European Parliament ;
HAVING REGARD to the Opinion of the Economic and Social Committee ,
WHEREAS the Council Directive of-                     concerning the approximation
of jfcha laws : of Member States re lat-ive to fertilizers has already laid down
community rules on the denomination, composition, labelling and packing of
the . most important '.simple and compound fertilizers in the Community; whereas
ammonium nitrate based fertilizers in particular are envisaged by this direc­
tive ; whereas it seems however necessary, having regard totthe particular
nature of this type of fertilizer and to the consequent requirements of pub­
lic safety, to fix complementary community rules for this fertilizer .
WHEREAS ammoniuin ni"t rate is -the essential ingredient of a variety of products
soma of Which are intended for use as fertilizers and others as explosives ,
and that by reason of the disparity between national dispositions relative
to the classification of products used as fertilizer from other products
based on ammonium nitrate regulations controlling the marketing' of ammonium
nitrate based fertilizer differ from one Member State to another ; whereas by
their disparity they hinder trade in ammonium nitrate based fertilizer within
the European Economic Community;
 ---pagebreak--- niiSKElAb such obstacles to the establishment of the common market can "be
reduced and eliminated if the same requirements are adopted by all the
Member States either in addition to or in place of' their present laws ;
WHEREAS it is principally necessary , to this end and in the interest of
public .safety to'detemine at pommunity ,level the^characteristics and
properties distinguishing ammonium nitrate based fertilizer from products
based on ammonium nitrate manufactured for use as an explosive ;
WHEREAS a detonation test .is regarded as the prime criterion of approval
of a high nitrogen content ammonium nitrate based fertilizer , and whereas
for each fertilizer product a detonation test must be carried out before
the marketing of the fertilizer and at fixed intervals thereafter ,.. andv
whereas it is necessary to relate the results of this test to other import­
ant parameters such as porosity having a correlation with dot cscability ;
WHEREAS the determination of the methods of analysis , as well as any changes
or additions to be made thereto ,in consideration of technical progress , aK
implementing measures of a technical nature , and whereas it is appropriate
to assign their adoption to ;the Commission in order to simplify and speed
up the procedure ; ' : ' ; .1 . - 1
WHEREAS technical progress necessitates the rapid adaptation of the technical
requirements of .this directive ; whereas a procedure has already been estab­
lished under articles 10 and 11 of Council Directive of :            regarding
the approximation of the laws of Me&ber States concerning fertilizers ,- with
a view to adapting directives in tl.e field of fertilizers to technical pro­
gress .
HAS ADOPTED THIS DIRECTIVE : - •
 ---pagebreak---                                      Article 1
 1.  This Directive shall apply to straight high nitrogen content ammonium
     nitrate based fertilizers which are cov^Sd'.Vbync'.cr the provisions of
     Council Directive of                on the approximation of the laws of
     Ifc-tober States concerning fertilizers .
 2.  For the purposes of this directive , fertilizer means " straight high
     nitrogen content ammonium nitrate based fertilizer", which is a chemi- ,
     cally obtained product containing at least 28J0 by weight nitrogene
     as its essential ingredient which may contain inorganic additives or
     fillers , such as ground limestone , calcium sulphate , ground dolomite ,
     magnesium sulphate , kisserite .
 3.  Inorganic additives or fillers are substances used in the compounding of
     the fertilizer which must not increase its sensitivity to heat or deton­
     ation.
                                     Article 2
2.1a Before a high nitrogen content straight ammonium nitrate based fertilizer
     is marketed^ one of the oompetent authorities designated under the terms
     of Article 3 will submit a representative sample of the fertilizer type
     to the "tests specified in Annex I of this directive .
2.1b Where the fertilizer type has an oil retention after thermal cycling as
     specified in Annex I , para 2 , of 4$ or less , the above procedure shall
     be repeated at annual intervals .
2.1c Where the fertilizer type has an oil retention after thermal cycling as
     specified in Annex I , para 2 , of 4$ or greater , but not exceeding 7$»
     the above procedure shall be repeated at four monthly intervals .
 ---pagebreak--- 2.2  Where a fertilizer complies with the provisions of Annex I a certifi­
     cate stating the date and the results of the above tests together with
     the manufacturers name , address and product number of the fertilizer
     and any other relevant information must he transmitted to the competent
     administrative authorities of the Member States .
2.3  A change in chemical formulation, fillers or additives requires the
     carrying out of a new approval prooedure ..
2.4  If in a spot cheok the oil retention capacity without artificial thermal
     cycling laid down in para 1 , Annex II exceeds 0> and is higher than the
     value on the certificate for the test with thermal cycling laid down in
     para 2 , Annex' I "by 1.0$ or more a Member State may require that 4 con­
     signment be resubmitted to the detonation test laid down in Annex I or
     that the fertilizer be withdrawn from sale or returned to the manufact­
     urer until the results of the detonation test are known . '
                                    Article 3
     Each Member State shall notify the other Member States and the Commission
     of the names and addresses of the competent authorities within their
     territory whom^they may designate to carry out- the testing procedure
     for Annex I, specified in Article 2 of this directive . The names and
     addresses shall be published for information in the Official Journal
     of the European Communities .
                                    Article 4
    In addition to the inscriptions required by Council Directive
    of            and in accordance with its general provisions. ^n labelling,
    the labels or aoconrpanying documents of straight high nitrogen content
    ammonium nitrate based fertilizer marketed under .this directive shall
    bear the manufacturer* s product number for the fertilizer.
 ---pagebreak---                                        Article 5
Without prejudice to other methods of proof the Member States shall take
all necessary measures to ensure that their competent authorities shall
accept that there is a presumption of conformity with the requirements
of Annex I , where the label or accompanying documents hear a manufacturer's
name and product number for a fertilizer for which they have been notified
that the procedure of Article 2 . paras 1 and 2 has been carried out .
                                          Article 6
The Member States may not , refuse , prohibit or restrict the marketing of
a fertilizer which complies with the requirements of this Directive and the
Annexes thereto .
                                      . Article 7 ■
The Member States shall take all the necessary measures to ensure that
                                          •I
straight high nitrogen content ammonium nitrate based fertilizers marketed
with the marking "ESC fertilizer" are subjected to official oontrol measures
for the purposes , of verifying that they comply with this Directive and with
its Annex II .
                                          Article 8
1 . Any amendments which are necessary in order to adapt the anrexes of this
    directive to technical progress shall be adopted in accordance with the-
    procedure laid down in Article 11 of Council Directive                         of
                 on the approximation of laws , of ~^mber^tat6s:,2iiinistr:rfeive provi-
    .• '.iov..-2 concerning fertilizers .
2.  The sampling method and the analysis techniques shall likewise be deter­
    mined in accordance with the same procedure .
                                                                    ./
 ---pagebreak---                                    Article 9
1,   If a Ifember State notes , on the basis of a substantive justification
     that a straight high nitrogen content ammonium nitrate fertilizer,
     although complying with the requirements of the Directive , represents
     a hazard to safety, it may provisionally prohibit the sale of the
     product in its territory or subject it to special conditions .       It
     shall immediately inform the other Ifember States and the Commission
   . thereof , stating the grounds for its decision, :
2,   The Commission shall , within six weeks , consult the Ifember States conc­
     erned , following wMch it shall deliver its opinion without delay and
     take the appropriate steps ,
3,   If the Commission is of the opinion that technical adaptations to the .
     Directive are neoessary, such adaptations shall be adopted by either
     the Commission or the Council in accordance with the procedure referred
     to in Article 8 , In that case , the Ifember State hailng adopted safe­
     guard measures may maintain them until the entry into force of the
     adaptations .
                                    Article 10
1,   Ifember States shall adopt and publish before 1 July 1977 , the provisions
     needed in order to comply with . this . Directive }, and shall forthwith inform
     the Commission thereof . They shall apply these provisons as of 1 January "., '7 •
     1978 .    :
2#   On notification of this Directive , Ifember States shall inform the Commission
     in time to enable it to put forward its comments , of all draft laws , regula­
     tions or administrative provisions which they contemplate adopting in the
     field covered by this Directive ,
                                    Article 11
     This Directive is addressed to the Ifember States ,
 ---pagebreak---                                     ΑΝΪΤΞΧ I
   Product •fests to "be carried out in accordance with the procedure speci­
   fied in Article 3 .
   These testa shall "be carried out on a representative sample of fertili­
   zer and shall he completed within 30 days of the date of production of
   the fertilizer .    Before "being tested for "both detonability and oil ret­
   ention the whole mass of the sample shall "be thermally cycled fivq times
   between 25°C and 50°C.
1. Detonability test
   The fertilizer shall he Subjected to a detonahility test in a horizontal
   steel ttijje under the following conditions .
   Tube material                         Steel - ISO strong (EBN 53 201 )
                                                  or similar
   Tube length                                    1000 mm
   ïïrteraal diameter                             114 mm
   !Tall thickness                                5 nmi
   Booster                                     - 500 g dynamite containing
                                                  between 22 to 28<f0 explosive
                                                , oil
   Test temperature                               25 C
   Witness lead cylinders for                     50 mm diameter
   detecting detonation                           100 mm high
   placed at 150 ma intervals and supporting the tube horizontally,            ,
   The test shall "be carried out twice .     The fertilizer shall he deemed to
   have satisfied the test if in both tests one or more of the supporting
   lead cylinders is crushed by less thp.fc 55®*
2. Oil retention
   The oil retention of a sample of fertilizer which has been offered for
    sale by the manufacturer or importer, ^and has been subjected to five
   thermal cycles between 25°C and 50°C shall not exceed 7$ by weight .
    The result shall be obtained by taking the mean of five determinations .
 ---pagebreak---                  /
                                     AMÎTEX II
      Straight high nitrogen content ammoniun nitrate fertilizer at any stage
      of its marketing shall comply with the following requirement s :–
1•    Porosity ( Oil retention)
      The oil retention of the fertilizer shall not exceed 7$ "by weight .
2#    Combustible material
      The weight percentage of combustible material measured as carton shall
      not exceed 0.2$ for fertilizers having a nitrogen content of at least
      31.5$ IT "by weight and shall not exceed 0,4$ for fertilizers having a
   •. nitrogen content of at least 28$ "but. less than 31.5$ by weight
3.    £2
      A solution containing the soluble portion of 10 g of the fertilizer in
      100 ml of water must have a pH of at least 4*5 *             t
4*    Size analysis
      Hot more than 5$ by weight of the fertilizer shall pass through a 1 mm
      mesh sieve and not more than 3$ by weight shall pass through a 0.5 mm
      mesh sieve .                                        .     i,
5.    Chlonne
      The maximum chlorine content of the fertilizer shall be 0.1$ by weight .