(1)

Regulation (EU) 2019/1009 lays down rules on the making available on the market of EU fertilising products. An EU fertilising product may only be made available on the market if it has successfully passed the applicable conformity assessment procedure as set out in Annex IV to that Regulation.

(2)

The applicable conformity assessment procedure for ammonium nitrate fertilisers of high nitrogen content, as described in Module A1 of Annex IV, Part II, includes a detonation resistance test, and prior thermal cycles, which are to be performed by a laboratory chosen by the manufacturer and to be supervised by a notified body. Due to the explosive potential of ammonium nitrate fertilisers, it is important that the thermal cycles and detonation resistance tests results are reliable. Therefore, only laboratories that are accredited for those activities by a national accreditation body should be eligible.

(3)

The conformity assessment procedure described in Module D1 of Annex IV, Part II, of Regulation (EU) 2019/1009 requires notified bodies to carry out periodic audits. For fertilising products containing recovered component materials, the audit frequency is linked to the frequency of the output material sampling as also set out in Annex IV, which results in a high audit density for manufacturers of high tonnages, with up to 48 audits per year. To ensure proportionality of the audit requirement, the frequency of audits should be independent from the sampling frequency, and a general audit frequency of one audit per year should be set out. This will ease the conformity assessment of circular EU fertilising products containing recovered component materials without jeopardising the safety of such materials, as samples would continue to be taken with the same frequency.

(4)

In order to allow for a period of transition for manufacturers, the amendment of Module A1 should apply to thermal cycles and detonation resistance tests six months after the entry into force of this Regulation.

(5)

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

(1)

in MODULE A1 – INTERNAL PRODUCTION CONTROL PLUS SUPERVISED PRODUCT TESTING, point 4, the following paragraph is added:

‘The thermal cycles and test referred to in points 4.3 and 4.4 shall be carried out in laboratories that are accredited for those activities by a national accreditation body.’;

(2)

in MODULE D1 – QUALITY ASSURANCE OF THE PRODUCTION PROCESS, point 6.3.2, the introductory statement is replaced by the following:

‘For materials belonging to CMCs 3, 5, 12, 13, 14 and 15, as defined in Annex II, the notified body shall carry out annual audits. In addition, the notified body shall take and analyse output material samples with the following frequency:’.