CALL FOR EVIDENCE

FOR AN EVALUATION / FITNESS CHECK

Title of the evaluation

Fertilising Products Regulation– evaluation

Lead DG – responsible unit

DG GROW Unit F.2 – Bioeconomy, chemicals, cosmetics

Indicative timetable

(planned start date and completion date)

Start date: Q4-2024

Planned completion date: Q2-2026

Additional information

https://single-market-economy.ec.europa.eu/sectors/chemicals/fertilising-products_en

This document is for information purposes only. It does not prejudge the final decision of the Commission on whether this initiative will be pursued or on its final content. All elements of the initiative described by the document, including its timing, are subject to change.

A. Political context, purpose and scope of the evaluation

Political context

The Fertilising Products Regulation (Regulation (EU) 2019/1009) (the Regulation or FPR 1 ) was adopted by the European Parliament and the Council in June 2019. Compared to its predecessor, Regulation (EC) 2003/2003, which only set out requirements for specific inorganic fertilisers and certain liming materials, the FPR has an increased product scope, including not only more types of fertilisers and liming material, but also soil improvers, growing media, inhibitors, plant biostimulants and fertilising product blends.

The general objective of the FPR is to incentivise the large-scale production of fertilising products from domestic organic materials or secondary raw materials in the EU. The FPR created a regulatory framework granting such fertilising products access to the internal market and addressed the issue of contaminants in fertilising products. The specific objectives of the FPR are:

1.ensuring the improved functioning of the internal market and a level playing field for manufacturers and importers of fertilising products, in particular, for those made of domestic and secondary raw materials in line with the circular economy;

2.reducing the administrative burden resulting from diverging national rules and incomplete application of the mutual recognition of fertilising products; 

3.improving the safety of fertilising products in order to protect the environment and human health (in particular soil, water, air and food quality); 

4.ensuring coherence with other EU legislation to support investments in new economic opportunities for public and private operators.

Manufacturers can choose whether to follow the FPR rules (and benefit from the free movement guaranteed in the internal market) or to follow national rules (and rely on mutual recognition when selling their products in other Member States) (‘optional harmonisation’).

Article 49 of the Regulation requires an evaluation by July 2026, which at the minimum should provide (i) an assessment of the functioning of the internal market for EU fertilising products, (ii) a review of the limit values for cadmium content in phosphate fertilisers, and (iii) an assessment of the application of restrictions on levels of contaminants set out in Annex I of the FPR.

Purpose and scope

The purpose of this evaluation is to consider whether the Fertilising Products Regulation has been delivering on its objectives since its entry into application on 16 July 2022. While it is too early in the implementation to assess long-term effects, the evaluation will identify the strengths and weaknesses of the Regulation, including any gaps, inefficiencies and unintended effects, whether positive or negative. The results will be used by the Commission to reflect on (i) the performance of the FPR to date, (ii) the extent of preliminary progress towards objectives, and (iii) whether any changes or simplifications might be needed to improve the effectiveness, efficiency, relevance and coherence of its implementation.

The evaluation will cover the FPR’s implementation in EU Member States and its impact on trade within the EU and on the behaviour of economic operators in the European fertilising products sector. It will also consider how impactful the Regulation is outside the EU, for instance in terms of smooth running global supply chains and a generally positive image of CE marked products abroad. The impacts on market access, innovation and competitiveness, the environment and fostering the circular economy will also be assessed. When conducting the evaluation, the amendments made to the FPR since it was adopted (through 11 delegated acts) and the safety and agronomic efficiency criteria for by-products supplementing the FPR will also be taken into consideration. The effects of optional harmonisation will be explored. The evaluation will not cover the new rules adopted on the digital labelling of EU fertilising products, given that those rules will only apply as of 2027.

In accordance with the Better Regulation Guidelines, the evaluation will be based on an assessment of the five evaluation criteria:

·Effectiveness: Under this criterion, it will be assessed to which extent the Regulation has achieved or progressed towards its general and specific objectives, also identifying the factors driving or hindering progress.

·Efficiency: The assessment of this criterion will focus on the proportionality of costs and administrative burden for businesses and authorities compared to the benefits delivered. The impacts on businesses, in particular SMEs, will be considered, as well as the potential for simplification to reduce compliance costs and administrative burden.

·Relevance: The assessment of this criterion will involve understanding whether the FPR is aligned with current market trends, technological developments and EU policy goals relating to sustainability and circularity, and whether it remains fit for purpose given the various developments and external factors since it entered into force.

·Coherence: The assessment of this criterion includes the internal coherence of the legal text and the clarity of definitions, and the external coherence, namely, how the FPR interacts with other EU legislation (e.g. regulations related to the environment, agriculture and chemicals) and with national rules on fertilising products.

·EU added value: Under this criterion, it will be assessed whether the FPR has made a difference by introducing harmonised EU rules compared to what would have been achieved through national rules alone.

B. Better regulation

Consultation strategy

Stakeholder consultation is a key component of the evaluation. The consultation exercise will include (1) a public consultation and this call for evidence, (2) a targeted consultation through an online questionnaire, (3) an interview programme, and (4) stakeholder workshops.

-The 12-week online public consultation will be launched in all EU official languages on the Commission’s Have Your Say website, at the same time as this call for evidence which aims to gather meaningful insights, data and information from businesses and authorities to assess the effectiveness, efficiency, relevance, coherence and EU added value of the Regulation. The evaluation will consider economic, environmental and social impacts (i.e. impacts on human health) and will identify any potential areas for improvement.

-A targeted consultation with experts will provide a more technical perspective on key issues. It will also provide an opportunity to gather views from stakeholders (e.g. economic operators and industry associations) and from market surveillance authorities (MSA) on the costs and benefits of FPR implementation.

-The interview programme will consist of discussions with 120 stakeholders across the broad range of categories mentioned above. Questions will focus on the specific areas of expertise of the interviewees and will be more in depth than those asked in the other consultation activities. 

-Two stakeholder workshops will be organised: the first will present the findings to date and seek feedback on key issues, while the second will provide an opportunity for the study team to present the evaluation results and to validate the study findings.

Invitations to the various stakeholder consultations will be shared on relevant websites, social media and, where targeted at specific stakeholders, via e-mail.

A synopsis report will be produced following the evaluation, outlining the results of all four consultation activities. The final report will also include an in-depth analysis of the results. Differences in views between stakeholders will be highlighted, and the results of all consultation activities will be used to provide a comprehensive evidence base.

Why we are consulting? 

The consultation activities carried out for this evaluation are intended to (i) gather evidence for an in-depth analysis of the FPR’s performance and any problems identified by stakeholders, including economic, environmental and social (i.e. human health-related) impacts, and (ii) assess how these are affecting businesses, end-users, citizens and public administrations. The consultations are also essential to determine the costs and benefits of the Regulation and to understand any changes in economic operators’ behaviour in terms of their choice to follow optional EU harmonised rules under the FPR or national rules for fertilising products.

Target audience

Stakeholders have been identified in various sectors, including:

·manufacturers, importers and suppliers of fertilising products;

·agricultural producers and industry associations;

·environmental organisations and NGOs;

·national regulatory authorities and Market Surveillance and Enforcement authorities;

·notified bodies;

·research institutes and experts in soil and plant nutrition; and

·EU citizens – consumers, the general public and hobby gardeners that are among the end-users of EU fertilising products.

Data collection and methodology

The evaluation will be supported by a customised study, which will draw on official information and evidence on implementing the Fertilising Products Regulation. Various sources will be studied, including the impact assessment supporting the Regulation (SWD/2016/64/FINAL and SWD/2016/65/FINAL), data bases such as Eurostat, Joint Research Centre reports (End-of-waste criteria for biodegradable waste subjected to biological treatment (compost & digestate), Selected new fertilising materials under the Fertilising Products Regulation, By-products and high purity materials as component materials for EU fertilising products, Processed manure as a component material for EU fertilising products) and (iii) other policy documents (such as the Farm to Fork strategy). A literature review will be carried out as part of the evaluation.

Additional data will be collected through the above-mentioned stakeholder consultation activities. A cost-benefit analysis, market analysis and economic analysis (econometric assessment to isolate the impact of the FPR on trade, production and market structure) will also be carried out.

When giving feedback to this call for evidence, we encourage stakeholders to provide or signpost to any available data on costs and benefits and on the administrative burden reduction and simplification potential of the FPR.

(1)

Regulation (EU) 2019/1009 of the European Parliament and of the Council of 5 June 2019 laying down rules on the making available on the market of EU fertilising products and amending Regulations (EC) No 1069/2009 and (EC) No 1107/2009 and repealing Regulation (EC) No 2003/2003, OJ L 170, 25.6.2019, p. 1, ELI: http://data.europa.eu/eli/reg/2019/1009/oj.