42 Amendments of Franc BOGOVIČ related to 2016/0084(COD)
Amendment 75 #
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 purposeor organic farm based fertilising products for that purpose or intended to be used in separate application but with the same aim should fulfil certain efficacy 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 criteria. Such substances and mixtures should therefore also be regulated as component materials for CE marked fertilising products.
Amendment 82 #
Proposal for a regulation
Recital 16
Recital 16
(16) Products with one or more functions, one of which is covered by the scope of Regulation (EC) No 1107/2009, should remain under the control tailored for such products and provided for by that Regulation. Where such products also have the function of a fertilising product, it would be misleading to provide for their CE marking under this Regulation, since the making available on the market of a plant protection product is contingent on a product authorisation valid in the Member State in question. Therefore, such products should be excluded from the scope of this Regulation. Products containing components registered under Regulation (EC) No 1107/2009 can have one or more fertilising functions and therefore be covered by the scope of this Regulation.
Amendment 161 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
A CE marked fertilising productmaterial that has undergone a recovery operation and complies with the requirements laid down in this Regulation shall be considered as a component material of a CE marked fertilising product thato complyies 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.
Amendment 177 #
Proposal for a regulation
Article 42 – paragraph 2 – point a
Article 42 – paragraph 2 – point a
(a) name of the micro-organism to the strain level;
Amendment 183 #
Proposal for a regulation
Article 42 – paragraph 4 a (new)
Article 42 – paragraph 4 a (new)
4a. For the purposes of CMC 10 in Annex II, the Commission shall be empowered to adopt delegated acts in accordance with Article 43 to define the requirements for the standard for the biodegradability criteria and the development of an appropriate testing method for biodegradation. These requirements and testing method shall be evaluated towards latest scientific evidence and shall be set out as of [Publications office, please insert the date occurring five years after the date of application of this Regulation].
Amendment 199 #
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
Member States shall not impede the making available on the market of products which were placed on the market as fertilisers designated "EC fertiliser" in conformity with Regulation (EC) No 2003/2003 before [Publications office, please insert the date: twelve months after the date of application of this Regulation]. However, Chapter 5 shall apply mutatis mutandis to such products.
Amendment 219 #
Proposal for a regulation
Annex I – part 2 – point 4 – paragraph 1 a (new)
Annex I – part 2 – point 4 – paragraph 1 a (new)
Ingredients submitted for approval or re- approval under Regulation (EC) No 1107/2009 but not included in Implementing Regulation EU (N°) 540/2011, shall not be used in fertilising products when non-inclusion is justified by Article 1, point 4 of Regulation EC(N°) 1107/2009.
Amendment 221 #
Proposal for a regulation
Annex I – part 2 – PFC 1(A) – point 1 – indent 1
Annex I – part 2 – PFC 1(A) – point 1 – indent 1
- organic carbon (C) and
Amendment 242 #
Proposal for a regulation
Annex I – part 2 – PFC 1(B)(I) – point 4
Annex I – part 2 – PFC 1(B)(I) – point 4
4. In the CE marked fertilising product, each unit shall contain the organic matter andcarbon and all the nutrients in their declared content. A unit refers to one of the component pieces of product such as granules, pellets, etc.
Amendment 251 #
Proposal for a regulation
Annex I – part 2 – subheading 8 – PFC 1(C)
Annex I – part 2 – subheading 8 – PFC 1(C)
PFC 1(C): InorganicMineral fertiliser
Amendment 254 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C) - paragraph 1
Annex I – part 2 – PFC 1(C) - paragraph 1
An inorganic mineral fertiliser shall be a fertiliser other than an organic or organo-mineral fertilisercontaining nutrients in a mineral form or processed into a mineral form. Urea and its condensation and association products shall be considered to contain nutrients in a mineral form.
Amendment 259 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C) - paragraph 1 a (new)
Annex I – part 2 – PFC 1(C) - paragraph 1 a (new)
Organic carbon (Corg) in the CE marked fertilising product shall not exceed 1% by mass. This excludes by convention carbon coming from coatings, agronomic additives and technical agents.
Amendment 260 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C) - paragraph 1 b (new)
Annex I – part 2 – PFC 1(C) - paragraph 1 b (new)
Phosphorus fertilisers shall fulfil at least one of the following minimum solubility levels to be plant-available, otherwise they cannot be declared as phosphorus fertiliser: – Water solubility: minimum level 40% of total P, or – Solubility in neutral ammonium citrate: minimum level 75% of total P, or – Solubility in formic acid (only for soft rock phosphate): minimum level 55% of total P.
Amendment 262 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C) - paragraph 1 c (new)
Annex I – part 2 – PFC 1(C) - paragraph 1 c (new)
The total declarable nitrogen content is given by the sum of ammoniacal N, nitric N, ureic N, N from methylene-urea, N from isobutylidene diurea, N from crotonylidene diurea. The declarable phosphorus content is given by the phosphatic P form. New forms can be added after a scientific examination in accordance with Article 42 (1).
Amendment 292 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I)(b)(ii) – point 2 – indent 1
Annex I – part 2 – PFC 1(C)(I)(b)(ii) – point 2 – indent 1
- 1,53% by mass of total nitrogen (N), or
Amendment 294 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I)(b)(ii) – point 2 – indent 2
Annex I – part 2 – PFC 1(C)(I)(b)(ii) – point 2 – indent 2
- 1,53% by mass of total phosphorus pentoxide (P2O5), or
Amendment 295 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I)(b)(ii) – point 2 – indent 3
Annex I – part 2 – PFC 1(C)(I)(b)(ii) – point 2 – indent 3
- 1,53% by mass of total potassium oxide (K2O), or
Amendment 296 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I)(b)(ii) – point 2 – indent 4
Annex I – part 2 – PFC 1(C)(I)(b)(ii) – point 2 – indent 4
- 0,71,5% by mass of total magnesium oxide (MgO), or
Amendment 297 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I)(b)(ii) – point 2 – indent 5
Annex I – part 2 – PFC 1(C)(I)(b)(ii) – point 2 – indent 5
- 0,71,5% by mass of total calcium oxide (CaO), or
Amendment 298 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I)(b)(ii) – point 2 – indent 6
Annex I – part 2 – PFC 1(C)(I)(b)(ii) – point 2 – indent 6
- 0,71,5% by mass of total sulphur trioxide (SO3), or
Amendment 304 #
Proposal for a regulation
Annex I – part 2 – PFC 3 – paragraph 1
Annex I – part 2 – PFC 3 – paragraph 1
A soil improver shall be a CE marked fertilising product aimed at being added to the soil for the purpose of maintaining, improving or protecting the physical or chemical properties, the structure or the biological activity of soil. A soil improver can also be a material added to soil in situ in order to maintain or improve its physical properties, and which may improve its chemical and/or biological properties or activity.
Amendment 309 #
Proposal for a regulation
Annex I – part 2 – PFC 3(B) – point 1 a (new)
Annex I – part 2 – PFC 3(B) – point 1 a (new)
1a. A biodegradable mulch film shall be a biodegradable polymer film complying with the requirements of points 2a and 3 of CMC 10 in Annex II and intended to be placed on the soil in situ to protect its structure, suppress weed growth, reduce soil moisture loss, or prevent erosion.
Amendment 310 #
Proposal for a regulation
Annex I – part 2 – PFC 4 – point 1
Annex I – part 2 – PFC 4 – point 1
1. A growing medium shall be a material other than soil intended for use as a substrate for root development situ in which plants and mushrooms are grown.
Amendment 312 #
Proposal for a regulation
Annex I – part 2 – PFC 5 – paragraph 1
Annex I – part 2 – PFC 5 – paragraph 1
An agronomic additive shall be a CE marked fertilising product intended to be added to a product providing plants with, which has a proven effect on the transformation and/or plant- availability of different forms of mineral or mineralized nutrients, or to be added to the soil with the intention to improve that product's nutrient release patternnutrient uptake by plants or to reduce nutrient losses.
Amendment 330 #
Proposal for a regulation
Annex I – part 2 – PFC 6 – point 3
Annex I – part 2 – PFC 6 – point 3
3. The plant biostimulant shall have the effects that are claimed on the label for the crops specified thereon. Where the plant biostimulant contains one or more ingredients that have been approved under Regulation (EC) No 1107/2009, the information provided during conformity assessment will provide compelling empirical evidence of the biostimulant effect, taking into account relevant parameters, e.g. relative concentrations of components, application rate, timing, plant growth stage, target crop, etc.
Amendment 353 #
Proposal for a regulation
Annex II – part 2 – CMC 2 – point 1
Annex II – part 2 – CMC 2 – point 1
1. A CE marked fertilising product may contain plants, plant parts or plant extracts having undergone no otheronly physical, mechanical or biochemical processing thansuch as cutting, grinding, centrifugation, pressing, drying, freeze- drying, granulating, chopping, extrusion, frost- treatment, phytosanitary heat treatment, milling, or sieving, nutrient balancing or extraction with water.
Amendment 366 #
Proposal for a regulation
Annex II – part 2 – CMC 3 – point 1 – point c – indent 2
Annex II – part 2 – CMC 3 – point 1 – point c – indent 2
– sewage sludge, industrial sludge other than those specified in point (ea) or dredging sludge, and
Amendment 371 #
Proposal for a regulation
Annex II – part 2 – CMC 3 – point 1 – point e a (new)
Annex II – part 2 – CMC 3 – point 1 – point e a (new)
(ea) Unprocessed and mechanically processed residues from food production industries, except from industries using animal by-products according to Regulation (EC) no 1069/2009.
Amendment 373 #
Proposal for a regulation
Annex II – part 2 – CMC 3 – point 6 – point a – indent 2
Annex II – part 2 – CMC 3 – point 6 – point a – indent 2
- Criterion: maximum 250 mmol O2/kg organic matter/h; or
Amendment 383 #
Proposal for a regulation
Annex II – part 2 – CMC 5 – point 1 – point c – indent 2
Annex II – part 2 – CMC 5 – point 1 – point c – indent 2
– sewage sludge, industrial sludge other than those specified in point (e a) or dredging sludge, and
Amendment 388 #
Proposal for a regulation
Annex II – part 2 – CMC 5 – point 1 – point e a (new)
Annex II – part 2 – CMC 5 – point 1 – point e a (new)
(ea) Unprocessed and mechanically processed residues from food production industries, except from industries using animal by-products according to Regulation (EC) no 1069/2009.
Amendment 390 #
Proposal for a regulation
Annex II – part 2 – CMC 5 – point 3 – point a
Annex II – part 2 – CMC 5 – point 3 – point a
(a) Thermophilic anaerobic digestion at 55°C during at least 24h and a hydraulic retention time of at least 20 days, followed by an analysis to verify that the digestion process successfully destroyed the pathogens;
Amendment 417 #
Proposal for a regulation
Annex II – part 2 – CMC 10 – point 1 – point b a (new)
Annex II – part 2 – CMC 10 – point 1 – point b a (new)
(ba) being converted into mulch film, which complies with the requirements of points 2a and 3 of CMC10.
Amendment 420 #
Proposal for a regulation
Annex II – part 2 – CMC 10 – point 2 – introductory part
Annex II – part 2 – CMC 10 – point 2 – introductory part
2. As of [Publications office, please insert the date occurring threfive 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 24 months, in a biodegradability test as specified points (a)-(c) below.requirements shall be introduced:
Amendment 428 #
Proposal for a regulation
Annex II – part 2 – CMC 10 – point 2 – point a
Annex II – part 2 – CMC 10 – point 2 – point a
(a) The test shall be conducted at 25°C ± 2°C.A standard for the biodegradability by setting a timeframe in which at least 90% of the organic carbon is converted into CO2, after the claimed release time of the polymer has been fulfilled, and
Amendment 432 #
Proposal for a regulation
Annex II – part 2 – CMC 10 – point 2 – point b
Annex II – part 2 – CMC 10 – point 2 – point b
(b) Thea biodegradability test sthall be conducted in accordance with a method for determining the ultimate aerobic biodegradability of plastic materials in soils by measuring oxygen demand or the amount of carbon dioxide evolvedt complies with the following criterion: the polymer is capable of undergoing physical, biological decomposition, such that most of it ultimately decomposes into carbon dioxide (CO2), biomass and water.
Amendment 438 #
Proposal for a regulation
Annex II – part 2 – CMC 10 – point 2 a (new)
Annex II – part 2 – CMC 10 – point 2 a (new)
2a. The biodegradable mulch film shall comply with the following criterion: The polymer shall be capable of undergoing physical, biological decomposition, such that it ultimately decomposes into carbon dioxide (CO2), biomass and water. At least 90%, absolute or relative to the reference material, shall be converted into CO2, in maximum 24 months in a biodegradability test according to European standards for biodegradation of polymers in soil.
Amendment 452 #
Proposal for a regulation
Annex III – part 1 – point 7 a (new)
Annex III – part 1 – point 7 a (new)
7a. No product can make claims related to another PFC without meeting the full requirements of that additional PFC, nor are any direct or implied claims of plant protection effects allowed.
Amendment 464 #
Proposal for a regulation
Annex III – part 2 – PFC 1(B) – point 1 a (new)
Annex III – part 2 – PFC 1(B) – point 1 a (new)
1a. The total declared nitrogen content is given by the sum of ammoniacal N, nitric N, ureic N, N from methylene-urea, N from isobutylidene diurea, N from crotonylidene diurea and N from cyanamide.
Amendment 475 #
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. Phosphorus fertilisers have to fulfil at least one of the following minimum solubility levels to be plant- available, otherwise they cannot be declared as phosphorus fertiliser: – Water solubility: minimum level 40% of total P, or – Solubility in neutral ammonium citrate: minimum level 75% of total P, or – Solubility in formic acid (only for soft rock phosphate): minimum level 55% of total P
Amendment 490 #
Proposal for a regulation
Annex III – part 2 – PFC 6 – point e
Annex III – part 2 – PFC 6 – point e
(e) dose, timing (plant development stage), placement and frequency of application (in line with the empirical evidence justifying the biostimulant claim(s));
Amendment 506 #
Proposal for a regulation
Annex IV – part 1 – point 1 – point f a (new)
Annex IV – part 1 – point 1 – point f a (new)
(fa) non-processed or mechanically processed plants, plant parts or plant extracts as specified in CMC 2.