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Document 32012R0223
Commission Regulation (EU) No 223/2012 of 14 March 2012 amending Regulation (EC) No 2003/2003 of the European Parliament and of the Council relating to fertilisers for the purposes of adapting Annexes I and IV thereto to technical progress Text with EEA relevance
Commission Regulation (EU) No 223/2012 of 14 March 2012 amending Regulation (EC) No 2003/2003 of the European Parliament and of the Council relating to fertilisers for the purposes of adapting Annexes I and IV thereto to technical progress Text with EEA relevance
Commission Regulation (EU) No 223/2012 of 14 March 2012 amending Regulation (EC) No 2003/2003 of the European Parliament and of the Council relating to fertilisers for the purposes of adapting Annexes I and IV thereto to technical progress Text with EEA relevance
OJ L 75, 15.3.2012, p. 12–23
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV) This document has been published in a special edition(s)
(HR)
No longer in force, Date of end of validity: 15/07/2022; Implicitly repealed by 32019R1009
15.3.2012 |
EN |
Official Journal of the European Union |
L 75/12 |
COMMISSION REGULATION (EU) No 223/2012
of 14 March 2012
amending Regulation (EC) No 2003/2003 of the European Parliament and of the Council relating to fertilisers for the purposes of adapting Annexes I and IV thereto to technical progress
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers (1), and in particular Article 31(1) and (3) thereof,
Whereas:
(1) |
Article 3 of Regulation (EC) No 2003/2003 provides that a fertiliser belonging to a type of fertiliser listed in Annex I thereto and complying with the conditions laid down in that Regulation may be designated EC fertiliser. |
(2) |
The fertiliser types listed in Annex I to Regulation (EC) No 2003/2003 include some types that may be sold only in the form of fine powders, and other types that may also be sold in the form of suspensions. Fertilisers in the form of suspensions pose less risk to the health of farmers when used in conditions under which the use of fine powders would result in the inhalation of dusts. To reduce the exposure of farmers to dusts, the option of using suspensions should be extended to include manganese micronutrient fertiliser types, and the range of ingredients permitted in existing boron and copper fertiliser suspensions should also be extended. |
(3) |
Regulation (EC) No 2003/2003 foresees the use of complexing agents as ingredients in micro-nutrient fertilisers. However, no such fertilisers have been designated EC fertiliser because no list of authorised complexing agents has yet been established in Annex I to that Regulation and because there are no type designations for fertiliser containing complexing agents. Given that suitable complexing agents (lignosulfonic acid salts – hereinafter ‘LS’) are now available, they should be added to the list of authorised complexing agents and corresponding type designations should be created. Existing type designations for fertiliser solutions should also be adapted to allow the use of complexing agents, but each such solution should not contain more than one complexing agent to facilitate official controls. |
(4) |
The new rules for micronutrient solutions and suspensions require relabelling of those fertiliser types. However, fertilisers labelled according to the old rules will remain in stock for some time. Manufacturers should therefore be allowed sufficient time to prepare new labels and to sell off all existing stocks. |
(5) |
Regulation (EC) No 2003/2003 provides a set of rules for the labelling of mixed micro-nutrient fertilisers but does not provide for the corresponding type designations in its Annex I. Regulation (EU) No 137/2011 introduced Table E.2.4 in Section E.2 of Annex I to Regulation (EC) No 2003/2003 containing the corresponding type designations and clearer rules for mixtures of micro-nutrient fertilisers. However, Table E.2.4 requires some labelling information, which in certain cases would not be in conformity with that required by Articles 6(6) and 23(2) of Regulation (EC) No 2003/2003. Table E.2.4 should therefore be amended accordingly. A transitional period should be granted to allow economic operators to adapt to the new rules and sell off their stocks of mixed micro-nutrient fertilisers. |
(6) |
N,N’-di(2-hydroxybenzyl)ethylenediamine-N,N’-diacetic acid (hereinafter ‘HBED’) is an organic chelating agent for micro-nutrients. In particular, iron chelated with HBED is used to correct iron shortages and to remedy ferric chlorosis for a large variety of fruit trees. The elimination of ferric chlorosis and its symptoms ensures green foliage, good growth and development of the fruit. The iron chelated form of HBED has been authorised in Poland without any damage for the environment. HBED should therefore be added to the list of authorised organic chelating agents for micro-nutrients in Annex I to Regulation (EC) No 2003/2003. However, it is appropriate to provide for a transitional period so that HBED is authorised after the publication of the corresponding EN Standard. |
(7) |
Dicyandiamide/1,2,4 triazole (hereinafter ‘DCD/TZ’) and 1,2,4 triazole/3-methylpyrazole (hereinafter ‘TZ/MP’) are nitrification inhibitors that are used in combination with fertilisers containing the nutrient nitrogen in the form of urea and/or ammonium salts. Those inhibitors prolong the availability of nitrogen to crops, reduce nitrate leaching, and reduce emissions of nitrous oxide to the atmosphere. |
(8) |
N-(2-nitrophenyl)phosphoric triamide (hereinafter ‘2-NPT’) is a urease inhibitor designed for urea-containing nitrogen fertilisers to increase the availability of nitrogen to plants while reducing emissions of ammonia to the atmosphere. |
(9) |
DCD/TZ, TZ/MP and 2-NPT have been used in Germany and DCD/TZ and TZ/MP in the Czech Republic for many years where they have been shown to be efficient and to pose no risk to the environment. DCD/TZ, TZ/MP and 2-NPT should therefore be added to the list of authorized nitrification and urease inhibitors in Annex I to Regulation (EC) No 2003/2003 to make them more widely available to farmers throughout the Union. |
(10) |
Regulation (EC) No 2003/2003 requires the control of EC fertilisers in accordance with the methods of sampling and analysis that are described in Annex IV thereto. However, some of those methods are not internationally recognised and should be replaced by EN standards recently developed by the European Committee for Standardisation. |
(11) |
EN standards are usually validated by means of an inter-laboratory comparison to quantify the reproducibility and repeatability of the analytical methods. A distinction between validated EN Standards and non-validated methods should therefore be made to identify those EN Standards which have proven statistical reliability. |
(12) |
To simplify legislation and facilitate future revision, it is appropriate to replace the full text of the analytical methods in Annex IV to Regulation (EC) No 2003/2003 with references to the EN standards published by the European Committee for Standardisation. |
(13) |
Regulation (EC) No 2003/2003 should therefore be amended accordingly. |
(14) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 32 of Regulation (EC) No 2003/2003, |
HAS ADOPTED THIS REGULATION:
Article 1
Amendments
1. Annex I to Regulation (EC) No 2003/2003 is amended in accordance with Annex I to this Regulation.
2. Annex IV to Regulation (EC) No 2003/2003 is amended in accordance with Annex II to this Regulation.
Article 2
Entry into force
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Point (1)(a), points (b)(i), (c)(i), (c)(ii), (d)(i), (e)(i), (f)(i) and point (2) of Annex I shall apply by 4 April 2013.
Annex I, point (3) entry 11 shall apply from 4 July 2012.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 March 2012.
For the Commission
The President
José Manuel BARROSO
ANNEX I
Annex I to Regulation (EC) No 2003/2003 is amended as follows:
(1) |
Section E.1 is amended as follows:
|
(2) |
in Section E.2, Table E.2.4 is replaced by the following:
|
(3) |
Section E.3.1 is replaced by the following: ‘E.3.1. Chelating agents (1) Acids, or sodium, potassium or ammonium salts of:
(1) The chelating agents are to be identified and quantified by the European Standards that cover the mentioned chelating agents.’ " |
(4) |
Section E.3.2 is replaced by the following: ‘E.3.2. Complexing agents (3) The following complexing agents are only permitted in products for fertigation and/or foliar application, except for Zn lignosulfonate, Fe lignosulfonate, Cu lignosulfonate and Mn lignosulfonate that can be applied directly to the soil. Acids, or sodium, potassium or ammonium salts of:
(3) The complexing agents are to be identified by the European Standards that cover the mentioned complexing agents.’;" |
(5) |
in Section F.1, the following entries are added:
|
(6) |
in Section F.2, the following entry is added:
|
(1) The chelating agents are to be identified and quantified by the European Standards that cover the mentioned chelating agents.’
(3) The complexing agents are to be identified by the European Standards that cover the mentioned complexing agents.’;’
(2) For information only.;
(4) For information only.
ANNEX II
Section B of Annex IV to Regulation (EC) No 2003/2003 is amended as follows:
(1) |
methods 3.1.1 to 3.1.4 are replaced by the following: ‘Method 3.1.1 Extraction of phosphorus soluble in mineral acids EN 15956: Fertilizers – Extraction of phosphorus soluble in mineral acids This method of analysis has been ring-tested. Method 3.1.2 Extraction of phosphorus soluble in 2 % formic acid EN 15919: Fertilizers – Extraction of phosphorus soluble in 2 % formic acid This method of analysis has not been ring-tested. Method 3.1.3 Extraction of phosphorus soluble in 2 % citric acid EN 15920: Fertilizers – Extraction of phosphorus soluble in 2 % citric acid This method of analysis has not been ring-tested. Method 3.1.4 Extraction of phosphorus which is soluble in neutral ammonium citrate EN 15957: Fertilizers – Extraction of phosphorus which is soluble in neutral ammonium citrate This method of analysis has been ring-tested.’; |
(2) |
methods 3.1.5.1 to 3.1.5.3 are replaced by the following: ‘Method 3.1.5.1 Extraction of soluble phosphorus according to Petermann at 65 °C EN 15921: Fertilizers – Extraction of phosphorus according to Petermann at 65 °C This method of analysis has not been ring-tested. Method 3.1.5.2 Extraction of the soluble phosphorus according to Petermann at ambient temperature EN 15922: Fertilizers – Extraction of phosphorus according to Petermann at ambient temperature This method of analysis has not been ring-tested. Method 3.1.5.3 Extraction of phosphorus soluble in Joulie’s alkaline ammonium citrate EN 15923: Fertilizers – Extraction of phosphorus in Joulie’s alkaline ammonium citrate This method of analysis has not been ring-tested.’; |
(3) |
method 3.1.6 is replaced by the following: ‘Method 3.1.6 Extraction of water soluble phosphorus EN 15958: Fertilizers – Extraction of water soluble phosphorus This method of analysis has been ring-tested.’; |
(4) |
method 3.2 is replaced by the following: ‘Method 3.2 Determination of extracted phosphorus EN 15959: Fertilizers – Determination of extracted phosphorus This method of analysis has been ring-tested.’; |
(5) |
methods 7.1 and 7.2 are replaced by the following: ‘Method 7.1 Determination of the fineness of grinding (dry procedure) EN 15928: Fertilizers – Determination of the fineness of grinding (dry procedure) This method of analysis has not been ring-tested. Method 7.2 Determination of the fineness of grinding of soft natural phosphates EN 15924: Fertilizers – Determination of the fineness of grinding of soft natural phosphates This method of analysis has not been ring-tested.’; |
(6) |
methods 8.1 to 8.5 are replaced by the following: ‘Method 8.1 Extraction of total calcium, total magnesium, total sodium and total sulphur in the forms of sulphates EN 15960: Fertilizers – Extraction of total calcium, total magnesium, total sodium and total sulphur in the forms of sulphates This method of analysis has not been ring-tested. Method 8.2 Extraction of total sulphur present in various forms EN 15925: Fertilizers – Extraction of total sulphur present in various forms This method of analysis has not been ring-tested. Method 8.3 Extraction of water soluble calcium, magnesium, sodium and sulphur (in the form of sulphates) EN 15961: Fertilizers – Extraction of water soluble calcium, magnesium, sodium and sulphur (in the form of sulphates) This method of analysis has not been ring-tested. Method 8.4 Extraction of water soluble sulphur where the sulphur is in various forms EN 15926: Fertilizers – Extraction of water soluble sulphur where the sulphur is in various forms This method of analysis has not been ring-tested. Method 8.5 Extraction and determination of elemental sulphur EN 16032: Fertilizers – Extraction and determination of elemental sulphur This method of analysis has not been ring-tested.’; |
(7) |
the following method 8.11 is inserted: ‘Method 8.11 Determination of calcium and formate in calcium formate EN 15909: Fertilizers – Determination of calcium and formate in calcium foliar fertilizers This method of analysis has been ring-tested.’; |
(8) |
method 11.3 is replaced by the following: ‘Method 11.3 Determination of iron chelated by o,o-EDDHA, o,o-EDDHMA and HBED EN 13368-2: Fertilizers – Determination of chelating agents in fertilizers by chromatography. Part 2: Determination of Fe chelated by o,o-EDDHA, o,o-EDDHMA and HBED by ion pair-chromatography This method of analysis has been ring-tested.’; |
(9) |
the following methods 11.6, 11.7 and 11.8 are inserted: ‘Method 11.6 Determination of IDHA EN 15950: Fertilizers – Determination of N-(1,2-dicarboxyethyl)-D,L-aspartic acid (Iminodisuccinic acid, IDHA) using high-performance liquid chromatography (HPLC) This method of analysis has been ring-tested. Method 11.7 Determination of lignosulfonates EN 16109: Fertilizers – Determination of micro-nutrient ions complexed in fertilizers – Identification of lignosulfonates This method of analysis has been ring-tested. Method 11.8 Determination of the complexed micro-nutrient content and of the complexed fraction of micro-nutrients EN 15962: Fertilizers – Determination of the complexed micro-nutrient content and of the complexed fraction of micro-nutrients This method of analysis has been ring-tested.’; |
(10) |
the following methods 12.3, 12.4 and 12.5 are inserted: ‘Method 12.3 Determination of 3-methylpyrazole EN 15905: Fertilizers – Determination of 3-methylpyrazole (MP) using high-performance liquid chromatography (HPLC) This method of analysis has been ring-tested. Method 12.4 Determination of TZ EN 16024: Fertilizers – Determination of 1H,1,2,4-triazole in urea and in fertilizers containing urea – Method using high-performance liquid chromatography (HPLC) This method of analysis has been ring-tested. Method 12.5 Determination of 2-NPT EN 16075: Fertilizers – Determination of N-(2-nitrophenyl)phosphoric triamide (2-NPT) in urea and fertilizers containing urea – Method using high-performance liquid chromatography (HPLC) This method of analysis has been ring-tested.’. |