(1)

Regulation (EU) 2019/1009 lays down rules on the making available on the market of EU fertilising products. EU fertilising products may contain derived products within the meaning of Regulation (EC) No 1069/2009 of the European Parliament and of the Council (2). In accordance with Article 5 of Regulation (EC) No 1069/2009, the end point in the manufacturing chain for processed manure was determined in Commission Delegated Regulation (EU) 2023/1605 (3).

(2)

In accordance with Article 42(5), second subparagraph, of Regulation (EU) 2019/1009, the Commission’s Joint Research Centre (JRC) assessed processed manure with respect to relevant aspects not taken into account for the purpose of determining an end point in the manufacturing chain (4).

(3)

Processed manure has the potential to be subject to significant trade in the internal market as it is a derived product commonly used in the organic fertilisers and soil improvers. Laying down the requirements for the CE-marking of EU fertilising products containing processed manure would facilitate the trade of such products in the internal market. JRC concluded that the introduction of processed manure in Component Material Category 10 in Annex II to Regulation (EU) 2019/1009 would also facilitate the implementation of Council Directive 91/676/EEC (5) by promoting the transfer of processed manure from regions with a high density of nutrients to those with a low density.

(4)

Processed manure contains organic matter and nutrients, in particular, nitrogen and phosphorus, two of the three primary macronutrients set out in Regulation (EU) 2019/1009. It has proven its agronomic value during a long history of use.

(5)

To ensure that an EU fertilising product containing processed manure maintains its content of nutrients over time, that its content of viable weed seeds or plant propagules is limited and that emissions of nutrients to the environment during storage are reduced, it is necessary to require processing in addition to the one needed to reach the end point in the manufacturing chain. Thus, the processed manure should be further processed to pass through a sieve with a mesh smaller to the known weed seeds dimensions, or be granulated or pelletised in certain conditions which ensure that weed seeds are no longer viable. Any other processing could also be used as long as it ensures that the content of viable weed seeds is limited. As an alternative, the processed manure could also be further processed to comply with one of the stability criteria laid down for Component Material Category 3, compost. This would ensure that the resulting material is stable, that decomposition would not continue after the product is placed on the market and that the weed seeds would no longer be viable after the composting process.

(6)

An additional safety criterion should be laid down to limit the content of 16 polycyclic aromatic hydrocarbons (PAH16) (6) which may be generated during the processing of manure. Regulation (EU) 2019/1021 of the European Parliament and of the Council (7) lays down release reduction requirements for PAH16 as unintentionally produced substances during manufacturing processes, but does not introduce a limit value in such cases. Given the high risks generated by the presence of such pollutants in fertilising products, it is appropriate to introduce more stringent requirements than those laid down in Regulation (EU) 2019/1021. Such a limit value should be laid down at component material level, to ensure coherence with Regulation (EU) 2019/1021 and should apply in addition to the safety criteria laid down in Annex I to Regulation (EU) 2019/1009 for the corresponding product function category. To facilitate the conformity assessment procedure and avoid unnecessary costs, the possibility to assume compliance with this requirement without testing should be introduced, when it is clear from the manufacturing process that this limit value is met.

(7)

Processed manure may undergo additional processing to further improve its agronomic value or its safety. The processing methods which are currently widely used, such as solid-liquid separation, drying, pelletising, and recovery of nutrients, should be included in Component Material Category 10 in Annex II to Regulation (EU) 2019/1009. However, the manure processing steps should not include thermochemical conversion processes at high temperatures or pressures, such as liquefaction, hydrothermal carbonisation, pyrolysis, gasification or combustion, as such processes are covered under other component material categories due to the specific nature of the material transformation process.

(8)

As an additional safety measure, the additives needed in the processing of manure should be registered based on Regulation (EC) No 1907/2006 of the European Parliament and of the Council (8), in the extensive conditions already laid down in Regulation (EU) 2019/1009 for additives in other component material categories. That would ensure that the manufacturers take into account the use of the additives in a fertilising product when performing the risk assessment under Regulation (EC) No 1907/2006 and that the registration is done also for low tonnage materials.

(9)

Furthermore, processed manure may be available on local markets in quantities that exceed demand. To ensure that its long-term storage under suboptimal conditions does not lead to adverse environmental impacts, it is appropriate to limit the time during which it can be used as a component material for EU fertilising products.

(10)

A general labelling requirement should be introduced for EU fertilising products containing processed manure to inform end-users about the potential air quality impacts of the release of ammonia from the use of processed manure and to invite them to apply appropriate measures to reduce such impacts.

(11)

Processed manure may contain aminopyralid or clopyralid, substances for which maximum residue levels for food and feed are set in accordance with Regulation (EC) No 396/2005 of the European Parliament and of the Council (9). Users of EU fertilising products containing such processed manure should therefore be fully informed as regards the presence of those substances, so that they take the necessary measures to ensure that the resulting crop complies with the maximum residue levels.

(12)

Regulation (EU) 2019/1009 should therefore be amended accordingly,

(1)

Annex II is amended in accordance with Annex I to this Regulation;

(2)

Annex III is amended in accordance with Annex II to this Regulation.