Council Directive 76/116/EEC of 18 December 1975 on the approximation of the laws of the Member States relating to fertilizers

COUNCIL DIRECTIVE  of 18 December 1975  on the approximation of the laws of the Member States relating to fertilizers  (76/116/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas in each Member State fertilizers must display certain technical characteristics laid down by mandatory provisions ; whereas these provisions, concerning more particularly the composition and definition of fertilizer types, the designations of these types, their identification and their packaging, differ from one Member State to another ; whereas by their disparity they hinder trade within the European Economic Community;
Whereas these obstacles to the establishment and functioning of the common market can be reduced or even removed if the same provisions are adopted by all the Member States, either in addition to or in place of their present laws;
Whereas it is necessary to this end to determine at Community level the designation, definition and composition of the principal straight and compound fertilizers in the Community ; whereas it should likewise be provided that fertilizers satisfying the criteria laid down by this Directive be marked "EEC fertilizer";
Whereas Community rules on the identification and labelling of these fertilizers, and on the closure of the containers, should also be laid down;
Whereas the production of fertilizers is subject to varying degress of fluctuation due to manufacturing techniques or basic materials ; whereas, sampling and analytical procedures may also contain variations ; whereas, on these accounts, it is necessary to authorize tolerances on the declared nutrient contents ; whereas it is advisable, in the interest of the agricultural user, to keep these tolerances within narrow limits;
Whereas this Directive concerns only straight and compound fertilizers ; whereas subsequent Directives will lay down provisions relating, inter alia, to liquid fertilizers, secondary elements and trace elements;
Whereas the determination of the sampling techniques and the methods of analysis, as well as any changes or additions to be made thereto in consideration of technical progress, are 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;
Whereas technical progress necessitates the rapid adaptation of the technical requirements defined in the various Directives relating to fertilizers ; whereas, in order to facilitate the implementation of the measures required for this purpose, it is advisable to provide for a procedure establishing close cooperation between the Member States and the Commission within the Committee on the adjustment to technical progress of Directives which concern the abolition of technical barriers to trade in fertilizers,