VO EU 2019/1009 on fertilizer products from 15.07.2019

With the new EU Fertilizer Products Regulation, uniform quality, labeling and safety regulations have been created for the trade of CE-marked fertilizer products on the European internal market. An extension of the scope compared to the EU Fertilizer Regulation 2003/2003 enables the trade with new product groups such as organic fertilizers, biostimulants, growing media and fertilizer mixtures. However, it is still possible to place fertilizers on the market in accordance with national fertilizer legislation. The manufacturer can choose whether to market his product according to the EU Fertilizer Product Regulation within the EU internal market or on the basis of national law. The regulation is fully applicable from 16.07.2022. Fertilizers that were already on the market by 7/16/2022 will continue to be marketable.

Innovations:

  • Inclusion of organic fertilizers, soil conditioners, growing media, biostimulants as well as fertilizer product mixtures.
  • Introduction of production function categories (PFC)
  • Strengthening the circular economy by allowing various (animal and industrial) by-products as for the production of fertilizer products
  • Introduction of component material categories (CMC)
  • Introduction of pollutant limits
  • Proof of conformity including preparation of technical documentation is a prerequisite for placing an EU fertilizer product with CE marking on the market

Requirements for the marketability of an EU fertilizer product

  1. Product must meet the requirements for a product function category
  2. Starting materials must meet the requirements for a component material category,
  3. Product must meet the labeling requirements in Annex III; and
  4. Fertilizer product compliance must be determined by one of the assessment modules depending on the PFC and CMC used.

Assessment modules

Module Module description
A Internal production control is a conformity assessment procedure whereby the manufacturer declares on his own responsibility that the EU fertilizer products concerned satisfy the requirements of this Regulation that apply to them (notified body not involved)
A1 Production control with product testing by a notified body
B+C

The assessment of the technical design of the EU fertilizer product is carried out on the basis of an examination of the technical documentation (type examination -Module B) by a notified body.

During the subsequent internal production control (module C), the manufacturer declares on his own responsibility that the fertilizer product complies with the certificate of the previous type test. The manufacturer draws up the EU declaration of conformity and affixes the CE marking to the fertilizer product concerned.

D1 The manufacturer operates a quality system for production (manufacturing area and final inspection) to ensure conformity with legal requirements (not an EU type, used as D without module B). The notified body assesses the quality system for production (manufacturing area and final inspection).

 

Production function category

Production category
PFC 1 Fertilizers (organic, organo-mineral and inorganic)
PFC 2 Limes
PFC 3 Soil conditioners
PFC 4 Growing media
PFC 5 Inhibitors
PFC 6 Plant biostimulants
PFC 7 Fertilizer product mix

Component material category

Component material category
CMC 1 Substances and mixtures from unprocessed raw materials
CMC 2 Plants, plant parts or plant extracts
CMC 3 Compost
CMC 4 Fermentation residues from "fresh" plants
CMC 5 Digestate other than digestate from energy crops
CMC 6 By-products of the food industry
CMC 7 Microorganisms for plant biostimulants
CMC 8 Nutrient polymers
CMC 9 Other polymers with the exception of nutrient polymers
CMC 10 Certain animal by-products
CMC 11 By-products as defined in Directive 2008/98/EC
CMC 12 Precipitated phosphate salts (struvite) Biochar, ashes
CMC 13 Product obtained by thermal oxidation (ashes)
CMC 14 Products obtained by pyrolysis (biochar)
CMC 15 High purity materials recovered

 

In any case, to establish compliance, Module B must be applied to an EU fertilizer product consisting exclusively of one or more of the following component materials (CMC):

(a) nitrification inhibitors, denitrification inhibitors, or urease inhibitors as listed in Part II of Annex II CMC 1

(b) plants, parts of plants or plant extracts Annex II, Part II according to CMC 2

(c) other polymers with the exception of nutrient polymers listed in Part II of Annex II CMC 9

d) derived products within the meaning of Regulation (EC) No. 1069/2009 according to Annex II Part II CMC 10

Module B must in any case also be applied in the following cases:

(a) to an inhibitor as defined in PFC 5

b) to a plant biostimulant according to PFC 6; and

(c) to a fertilizer product mixture under PFC 7.

Module B may also be applied in the following cases:

(a) substances or mixtures of unprocessed raw materials listed in Part II of Annex II CMC 1, with the exception of nitrification inhibitors, denitrification inhibitors, or urease inhibitors

(b) fresh crop digestates listed in Part II of CMC 4 of Annex II

(c) by-products of the food industry listed in Part II of Annex II CMC 6

(d) micro-organisms listed in Annex II, Part II CMC 7 Annex II, Part II

(e) nutrient polymers referred to in Part II of Annex II CMC 8

(f) by-products as defined in Directive 2008/98/EC referred to in Part II of Annex II CMC 11.

Last updated: 17.10.2022

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