Activities of Pascal DURAND related to 2016/0084(COD)
Legal basis opinions (0)
Amendments (39)
Amendment 99 #
Proposal for a regulation
Recital 8
Recital 8
(8) Contaminants in CE marked fertilising products, such as cadmium, can potentially pose a risk to human and animal health and the environment as they accumulate in the environment and enter the food chain. Their content should therefore be limited in such products. Furthermore, impurities in CE marked fertilising products derived from bio-waste, in particular polymers but also metal and glass, should be either prevented or limited to the extent technically feasible by detection of such impurities in separately collected bio-waste before processing.
Amendment 108 #
Proposal for a regulation
Recital 9
Recital 9
(9) Products complying with all the requirements of this Regulation should be allowed to move freely on the internal market. Where one or more of the component materials in a CE marked fertilising product falls within the scope of Regulation (EC) No 1069/2009 of the European Parliament and of the Council18 , but reaches a point in the manufacturing chain beyond which it no longer poses any significant risk to public or animal health (the 'end point in the manufacturing chain'), it would represent an unnecessary administrative burden to continue subjecting the product to the provisions of that Regulation. Such fertilising products should therefore be excluded from the requirements of that Regulation. Regulation (EC) No 1069/2009 should therefore be amended accordingly. _________________ 18 Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) (OJ L 300, 14.11.2009, p. 1).
Amendment 119 #
Proposal for a regulation
Recital 14
Recital 14
(14) Certain substances and mixtures, commonly referred to as agronomic additives, improve the nutrient release pattern of a nutrient in a fertiliser. Substances and mixtures made available on the market with the intention of them being added to CE marked fertilising products for that purpose should fulfil certain efficacy, safety and environmental criteria at the responsibility of the manufacturer of those substances or mixtures, and should therefore as such be considered as CE marked fertilising products under this Regulation. Furthermore, CE marked fertilising products containing such substances or mixtures should be subject to certain efficacy and safety, safety and environmental criteria. Such substances and mixtures should therefore also be regulated as component materials for CE marked fertilising products.
Amendment 122 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) As products made up of substances and mixtures in addition to the fertilising elements are intended to be added to soil and released in to the environment, conformity criteria should apply to all materials in the product, in particular where they are small or break down into small fragments that can be dispersed throughout soil and into water systems and carried to the wider environment. Therefore biodegradability criteria and conformity testing should also be under realistic in-vivo conditions that take into consideration differential rates of decomposition under anaerobic conditions, in aquatic habitats or under water, in waterlogged conditions or in frozen soil.
Amendment 125 #
Proposal for a regulation
Recital 15
Recital 15
(15) Certain substances, mixtures and micro-organisms, commonly referred to as plant biostimulants, are not as such nutrients, but nevertheless stimulate plants' nutrition processes. Where such products aim solely at improving the plants' nutrient use efficiency, tolerance to abiotic and biotic stress, or crop quality traits, they are by nature more similar to fertilising products than to most categories of plant protection products. Such products should therefore be eligible for CE marking under this Regulation and excluded from the scope of Regulation (EC) No 1107/2009 of the European Parliament and of the Council21 . Regulation (EC) No 1107/2009 should therefore be amended accordingly. _________________ 21 Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1).
Amendment 158 #
Proposal for a regulation
Article 1 – paragraph 2 – point b a (new)
Article 1 – paragraph 2 – point b a (new)
(ba) Directive 91/676/EEC
Amendment 160 #
Proposal for a regulation
Article 1 – paragraph 2 – point b b (new)
Article 1 – paragraph 2 – point b b (new)
(bb) Directive 2000/60/EC
Amendment 162 #
Proposal for a regulation
Article 1 – paragraph 2 – point h a (new)
Article 1 – paragraph 2 – point h a (new)
(ha) Regulation (EC) N° 834/2007
Amendment 176 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. Member States may maintain national rules that were in force before [date of entry into force of this Regulation] concerning restrictions on the content of cadmium in fertilising products at levels below those set out in Part II of Annex I down to the lowest level set out therein before that lowest level has become applicable. Such existing national measures shall be reported to the Commission by [six months after the date of entry into force of this Regulation] and may remain in force until the date when lower levels set out in Annex I, Part II apply. From [date of entry into force of this Regulation] until [xxx1a years after the date of application of this Regulation] Member States may adopt national rules that implement the lower limits for cadmium as set out in Part II of Annex I, where justified, in particular, on grounds such as the protection of public health or the environment. Member States shall notify such measures to the Commission in accordance with Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services. _________________ 1a Insert date that will finally be agreed for the lowest level.
Amendment 184 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
As of [Publications Office, please insert date 10 years after date of application], only fertilising products that comply with the provisions on contaminants in Annex I, Part II may be made available on the market.
Amendment 186 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Manufacturers shall keep the technical documentation and the EU declaration of conformity for 105 years after the CE marked fertilising product covered by those documents has been placed on the market.
Amendment 194 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 2
Article 6 – paragraph 4 – subparagraph 2
When deemed appropriate with regard to the performance of, or the risks presented by, a CE marked fertilising product, manufacturers shall, to protect the health and safety of consumers and the environment, carry out sample testing of such fertilising products made available on the market, investigate, and, if necessary, keep a register of complaints, of non- conforming CE marked fertilising products and recalls of such products, and shall keep distributors informed of any such monitoring.
Amendment 202 #
Proposal for a regulation
Article 6 – paragraph 8 – subparagraph 2
Article 6 – paragraph 8 – subparagraph 2
Furthermore, where manufacturers consider or have reason to believe that CE marked fertilising products which they have placed on the market present a risk to human health, or an unacceptable risk to human, animal or plant health, to safety or to the environment, they shall immediately inform the competent national authorities of the Member States in which they made the fertilising products available on the market to that effect, giving details, in particular, of any non-compliance and of any corrective measures taken.
Amendment 227 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. When deemed appropriate with regard to the performance of or the risks presented by a CE marked fertilising product, importers shall, to protect the health and safety of consumers and the environment, carry out sample testing of such fertilising products made available on the market, investigate, and, if necessary, keep a register of complaints, of non- conforming CE marked fertilising products and recalls of such products, and shall keep distributors informed of any such monitoring.
Amendment 231 #
Proposal for a regulation
Article 8 – paragraph 8
Article 8 – paragraph 8
8. Importers shall, for 105 years after the CE marked fertilising product has been placed on the market, keep a copy of the EU declaration of conformity at the disposal of the market surveillance authorities and ensure that the technical documentation can be made available to those authorities, upon request.
Amendment 244 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The economic operators shall be able to present the information referred to in the first paragraph for 105 years after they have been supplied with the CE marked fertilising product and for 105 years after they have supplied the CE marked fertilising product.
Amendment 246 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 251 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The CE marking shall be affixed before the CE marked fertilising product is placed on the market. It may be followed by a pictogram or any other mark indicating a special risk or use.
Amendment 256 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
A CE marked fertilising product, containing or consisting of waste that has undergone a recovery operation andin accordance with this regulation, that complies with the requirements laid down in this Regulation shall be considered to comply with the conditions laid down in Article 6(1) of Directive 2008/98/EC and shall, therefore, be considered as having ceased to be waste from the moment the EU certificate of conformity is drawn up.
Amendment 261 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. Where a notified body finds that the requirements set out in Annex I, Annex II or Annex III, or corresponding harmonised standards, common specifications referred to in Article 13 or other technical specifications, have not been met by a manufacturer, it shall require that manufacturer to take appropriate corrective measures and shall not issue a conformity certificate.
Amendment 264 #
Proposal for a regulation
Article 37 – paragraph 1 – subparagraph 1
Article 37 – paragraph 1 – subparagraph 1
Where the market surveillance authorities of one Member State have sufficient reason to believe that a CE marked fertilising product presents an unacceptable risk to human, animal or plant health, to safety or to the environment or to other aspects of public interest protection covered by this Regulation, they shall carry out an evaluation in relation to the fertilising product concerned covering all the requirements laid down in this Regulation. The relevant economic operators shall cooperate as necessary with the market surveillance authorities for that purpose.
Amendment 270 #
Proposal for a regulation
Article 37 – paragraph 1 – subparagraph 2
Article 37 – paragraph 1 – subparagraph 2
Where, in the course of the evaluation, the market surveillance authorities find that the CE market fertilising product does not comply with the requirements laid down in this Regulation, they shall without delay require the economic operator to take all appropriate corrective actions within a reasonable period to bring the fertilising product into compliance with those requirements, to withdraw the fertilising product from the market, or to recall it, or within a reasonable period, commensurate with the nature of the risk, as it may prescribe, and to remove the CE marking.
Amendment 274 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Where, having carried out an evaluation under Article 37(1), a Member State finds that although a CE marked fertilising product is in compliance with this Regulation it presents an unacceptable risk to human, animal or plant health, to safety or to the environment, it shall or to other aspects of public interest protection, it shall without delay require the relevant economic operator to take all appropriate measures within a reasonable period to ensure that the fertilising product concerned, when placedmade available on the market, no longer presents that risk, to withdraw the fertilising product from the market or to recall it within a reasonable period, commensurate with the nature of the risk, as it may prescribe.
Amendment 276 #
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. Where the non-compliance referred to in paragraph 1 persists, the Member State concerned shall take all appropriate measures to restrict or prohibit the CE marked fertilising product being made available on the market or ensure that it is recalled or withdrawn from the market orand that the CE marking is removed.
Amendment 287 #
Proposal for a regulation
Article 42 – paragraph 1 – introductory part
Article 42 – paragraph 1 – introductory part
1. The Commission shall be empowered to adopt delegated acts in accordance with Article 43 to amend Annex I, Part I and Annexes II to IV for the purposes of adapting them to technical progress and facilitating internal market access and free movement for CE marked fertilising products
Amendment 315 #
Proposal for a regulation
Article 42 – paragraph 4 a (new)
Article 42 – paragraph 4 a (new)
4a. The Commission shall review Annex I Part II ten years after the entry into force of this Regulation or in case there is any new relevant scientific information available as regards the toxicity and carcinogenicity of relevant contaminants or any new technological progress and innovation in the field of production and use of fertilising products
Amendment 318 #
Proposal for a regulation
Article 46 – paragraph 1 – point 2
Article 46 – paragraph 1 – point 2
Regulation (EC) 1107/2009
Article 3 – point 34
Article 3 – point 34
(3) "34. "plant biostimulant" means a productny naturally occurring substance or microorganism stimulating plant nutrition processes independently of ithe product's nutrient content, or any combination of such substances and/or microorganisms, with the sole aim of improving one or more of the following characteristics of the plant:
Amendment 321 #
Proposal for a regulation
Article 46 – paragraph 1 – point 2
Article 46 – paragraph 1 – point 2
Regulation (EC) 1107/2009
Article 3 – point 34 – point b
Article 3 – point 34 – point b
(b) tolerance to abiotic as well as biotic stress;
Amendment 324 #
Proposal for a regulation
Article 46 – paragraph 1 – point 2
Article 46 – paragraph 1 – point 2
Regulation (EC) 1107/2009
Article 3 – point 34 – point c
Article 3 – point 34 – point c
(c) crop quality traits.
Amendment 332 #
Proposal for a regulation
Article 46 a (new)
Article 46 a (new)
Article 46 a Review No later than [Publications office, please insert the date occurring two years after the date of application of this Regulation], the Commission shall assess the risks to human health and the environment from uranium contamination in fertilisers and report to the Council and the European Parliament. This report shall be accompanied, if appropriate, by a legislative proposal.
Amendment 333 #
Proposal for a regulation
Article 46 b (new)
Article 46 b (new)
Article 46 b By (Publications office, please insert the date 5 years after the date of entry into force), the Commission shall carry out a review of the conformity assessment procedure of micro-organisms
Amendment 481 #
Proposal for a regulation
Annex II – part II – CMC 2 – point 2
Annex II – part II – CMC 2 – point 2
Amendment 483 #
Proposal for a regulation
Annex II – part II – CMC 3 – point 1 – point c – introductory part
Annex II – part II – CMC 3 – point 1 – point c – introductory part
(c) Living or dead organisms or parts thereof, which are unprocessed or processed only by manual, mechanical or gravitational means, by dissolution in water, by flotation, by extraction with water, by steam distillation or by heating solely to remove water, or which are extracted from air by any means, except
Amendment 486 #
Proposal for a regulation
Annex II – part II – CMC 3 – point 5
Annex II – part II – CMC 3 – point 5
5. As of [Publications office: Please insert the date occurring 52 years after the date of application of this Regulation], the compost shall contain no more than 2,5 g/kg dry matter of macroscopic impurities in the form of plastics above 2 mm. By [Publications office: Please insert the date occurring 85 years after the date of application of this Regulation] the limit- value of 2,5 g/kg dry matter shall be re- assessed in order to take into account the progress made with regards to separate collection of bio-waste.
Amendment 491 #
Proposal for a regulation
Annex II – part II – CMC 7 – paragraph 1 – indent 2
Annex II – part II – CMC 7 – paragraph 1 – indent 2
Amendment 500 #
Proposal for a regulation
Annex II – part II – CMC 10 – point 2 – introductory part
Annex II – part II – CMC 10 – point 2 – introductory part
2. As of [Publications office, please insert the date occurring three years after the date of application of this Regulation], the following criterion shall be complied with: The polymer shall be capable of undergoing physical, biological decomposition, such that most of it ultimately decomposes into carbon dioxide (CO2), biomass and water. It shall have at least 90 % of the organic carbon converted into CO2 in maximum 124 months, in a biodegradability test as specified points (a)-(c) below, that shall also be carried out under realistic in-vivo conditions that take into consideration differential rates of decomposition under anaerobic conditions, in aquatic habitats or under water, in waterlogged conditions or in frozen soil.
Amendment 511 #
Proposal for a regulation
Annex III – part 1 – point 2 – point e
Annex III – part 1 – point 2 – point e
(e) A description of all components above 5% by product weight in descending order of magnitude by dry weight, including an indication of the relevant component material categories ('CMC') as referred to in Annex II. Failure to fully label quantities under 5% may have a significant effect on the total characteristics of the mixture, and may add hazardous, unpermitted or inactive components e.g. industrial waste, synthetic compounds or sand. Meanwhile, organic farmers are only allowed to use organic (in the chemical sense) fertiliser components and products which are 100% in line with the Regulation (EC) No 834/2007, so they need to know exactly what additional components there are and how much, in case they are not permitted under Reg. 834/2007. Otherwise if the farmers are controlled after using such products containing non- permitted substances on their fields, they may be prevented from selling their products as organic or de-certified.Or. enJustification
Amendment 519 #
Proposal for a regulation
Annex III – part 2 – PFC 1(A) – paragraph 1 – point c
Annex III – part 2 – PFC 1(A) – paragraph 1 – point c
(c) numbers indicating the totalaverage content of the declared nutrients nitrogen (N), phosphorus (P) or potassium (K), followed by numbers in brackets indicating the total content of magnesium (Mg), calcium (Ca), sulphur (S) or sodium (Na),
Amendment 539 #
Proposal for a regulation
Annex III – part 2 – PFC 1(C)(I) – point 1 a (new)
Annex III – part 2 – PFC 1(C)(I) – point 1 a (new)
1a. Fertilising products that contains less than 5ppm of Cadmium, Arsenic, Lead, Chromium VI and Mercury, respectively, shall be eligible to use a visible "Green Label" in their packaging and label. The Commission shall be empowered to adopt delegated acts to adopt the technical standards of such label.