51 Amendments of Francisco de Paula GAMBUS MILLET related to 2016/0084(COD)
Amendment 144 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down rules on the making available on the market of CE marked fertilising productsers and Improving Nutrition Efficiency Products (INEP) and amending Regulations (EC) No 1069/2009 and (EC) No 1107/2009 (Text with EEA relevance) (This amendment from "Fertilising products" to "fertilisers and improving nutrition efficiency products (INEP)" applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 148 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) The Regulation shall foster the goals of the circular economy, provided it ensures at the same time that farmers have a secure supply of highly efficient fertilisers. The European Commission shall present the European Parliament and the Council with a report taking stock of the application of this Regulation five years after its entry into force.
Amendment 154 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Securing reliable and unhindered access to raw materials is crucial to the European Union’s economy and essential to maintaining and improving quality of life, industry and employment. The European Commission has created a list of Critical Raw Materials (CRMs) in order to identify raw materials with a high supply-risk and a high economic importance to the Union, and secure their reliable and unhindered access. The European Commission added phosphate rock to this list in 2014. The Regulation shall take this into account when taking measures entailing restrictions on use of these materials.
Amendment 159 #
Proposal for a regulation
Recital 8 b (new)
Recital 8 b (new)
(8b) The contaminant limits set out in the Regulation should not disqualify or give preference to certain sources of raw materials. The market and trade effects of such limits should be monitored therefore to safeguard the stable and affordable access to raw materials, ensuring the effective competition and competitiveness of the EU fertiliser industry.
Amendment 170 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Manufactures of Fertilisers and Improving Nutrition Efficiency Products (INEP) should prove their efficiency before placing them in the market in order to guarantee a high level of quality to consumers.
Amendment 212 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Amendment 215 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1a) "Fertiliser" means a substance or a mixture of substances intended to provide nutrients to the plants.
Amendment 216 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
(1b) "Improving Nutrition Efficiency Product (INEP)" means a substance or a mixture of substances, micro-organism or any other material to be applied on plants or their rhizosphere for the purpose of improving their nutrition efficiency;
Amendment 217 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 c (new)
Article 2 – paragraph 1 – point 1 c (new)
(1c) "Primary nutrient" means the elements nitrogen, phosphorus, and potassium only.
Amendment 218 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 d (new)
Article 2 – paragraph 1 – point 1 d (new)
(1d) "Secondary nutrient" means the elements calcium, magnesium, sodium and sulphur.
Amendment 219 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘'mixture’' means a mixture within the meaning of Article 3(2) of Regulation (EC) No 1907/2006or solution composed of two or more substances;
Amendment 225 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. The European Commission shall simultaneously with the publication of this Regulation in the Official Journal of the European Union publish a guidance document giving clarity and examples to manufacturers and market surveillance authorities about how the label should look like. This guidance document shall also specify other relevant information as referred to in Annex III PART 1 paragraph 2d).
Amendment 227 #
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 232 #
Proposal for a regulation
Article 6 – paragraph 10 – subparagraph 1 – point b
Article 6 – paragraph 10 – subparagraph 1 – point b
(b) fertilising product blendcombination of product function categories, as specified in product function category 7 in Annex I, containing a fertiliser referred to in point (a). (This amendment from "fertilising product blends" to "combination of product function categories" applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 234 #
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) keep the EU declaration of conformity and the technical documentation at the disposal of national market surveillance authorities for 105 years after the CE marked fertilising product covered by those documents has been placed on the market;
Amendment 242 #
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 244 #
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 to complybe a component material of a CE marked fertilising product that complies with the conditions laid down in Article 6(1) of Directive 2008/98/EC and shall, therefore, be considered asto having ceased to be wastee ceased being waste. This component material may fall under the scope of this Regulation if it demonstrates an agronomic efficacy and if it meets the requirements laid down in the Annexes of this Regulation.
Amendment 329 #
Proposal for a regulation
Article 48 a (new)
Article 48 a (new)
Article 48a Reporting The Commission shall present the European Parliament and the Council with a report taking stock of the application of this Regulation five years after it has entered into force. The report shall include an assessment of the levels of contaminants as set out in Annex I, and their impact on human and animal health and on the environment in terms of reduction of cadmium accumulation levels. The report shall also analyse technological progress and innovation in the field of production and use of fertilising products, and all the possible alternatives to fulfil the objective of reducing cadmium accumulation, including decadmiation technologies, their viability and their impact and costs across the value chain, as well as the waste management of cadmium. The report shall also consider the Regulation’s impact on the fertiliser market, including an analysis of costs and of supply levels and security. The report may be accompanied, if necessary, by appropriate legislative proposals.
Amendment 331 #
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
It shall apply from 1 January 2018, with the exception of the provisions in Annex I on cadmium, which shall only come into force once phosphate rock has been removed from the list of Critical Raw Materials.
Amendment 343 #
Proposal for a regulation
Annex I – part 2 – PFC 1(A) – paragraph 2 – indent 1
Annex I – part 2 – PFC 1(A) – paragraph 2 – indent 1
- Cadmium (Cd) 1,5(1) Where the product has phosphorus (P) content: 75 mg/kg P2O5. (2) Where the product does not have phosphorus (P) content: 3 mg/kg dry matter,.
Amendment 364 #
Proposal for a regulation
Annex I – part 2 – PFC 1(A) (I) – paragraph 2 – introductory part
Annex I – part 2 – PFC 1(A) (I) – paragraph 2 – introductory part
2. The CE marked fertilising product shall contain at least one of the following declared primary nutrients in the minimum quantities stated:
Amendment 383 #
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 1
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 1
(1) Where the CE marked fertilising product has a total phosphorus (P) content of less than 5 % phosphorus pentoxide (P2O5)-equivalent by massproduct does not have phosphorus (P) content: 3 mg/kg dry matter, or
Amendment 386 #
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 2
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 2
(2) Where the CE marked fertilising product has a total phosphorus (P) content of 5 % phosphorus pentoxide (P2O5)- equivalent or more by mass (‘phosphate fertiliser’):: 75 mg/kg P2O5.
Amendment 387 #
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 2 – indent 1
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 2 – indent 1
Amendment 400 #
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 2 – indent 2
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 2 – indent 2
Amendment 419 #
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 2 – indent 3
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 2 – indent 3
Amendment 461 #
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 as containing nutrients in a mineral form.
Amendment 470 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 1
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 1
(1) Where the CE marked fertilising product has a total phosphorus (P) content of less than 5 % phosphorus pentoxide (P2O5)-equivalent by massproduct does not have phosphorus (P) content: 3 mg/kg dry matter, or
Amendment 472 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 2
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 2
(2) Where the CE marked fertilising product has a total phosphorus (P) content of 5 % phosphorus pentoxide (P2O5)- equivalent or more by mass (‘phosphate fertiliser’):: 75 mg/kg P2O5.
Amendment 473 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 2 – indent 1
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 2 – indent 1
Amendment 485 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 2 – indent 2
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 2 – indent 2
Amendment 503 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 2 – indent 3
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 2 – indent 3
Amendment 520 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 1
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 1
1. A straight solid inorganic macronutrient fertiliser shall have a declared content of not more than one nutrientprimary or secondary nutrient. Straight solid mineral primary nutrients can have also secondary nutrients.
Amendment 545 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (b)(i) – paragraph 1
Annex I – part 2 – PFC 1 (C) (I) (b)(i) – paragraph 1
1. A straight liquid inorganic macronutrient fertiliser shall have a declared content of not more than one nutrientprimary or secondary nutrient. Straight liquid mineral primary nutrients can have also secondary nutrients.
Amendment 554 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (b)(ii) – paragraph 1
Annex I – part 2 – PFC 1 (C) (I) (b)(ii) – paragraph 1
1. A compound liquid inorganic macronutrient fertiliser shall have a declared content of more than one primary nutrient.
Amendment 808 #
Proposal for a regulation
Annex III – part 2 – PFC 3 – indent 3
Annex III – part 2 – PFC 3 – indent 3
Amendment 809 #
Proposal for a regulation
Annex III – part 2 – PFC 3 – indent 4
Annex III – part 2 – PFC 3 – indent 4
Amendment 810 #
Proposal for a regulation
Annex III – part 2 – PFC 3 – indent 5
Annex III – part 2 – PFC 3 – indent 5
Amendment 818 #
Proposal for a regulation
Annex III – part 3 – PFC 1(A) – table
Annex III – part 3 – PFC 1(A) – table
Permissible tolerance for the declared nutrient content and other declared parameter Organic carbon (C) ± 2015 % relative deviation of the declared value up to a maximum of 2,0 percentage point in absolute terms Dry matter content ± 5,0 percentage point in absolute terms Total nitrogen (N) ± 150 % relative deviation of the declared value up to a maximum of 1,0 percentage point in absolute terms Organic nitrogen (N) ± 150 % relative deviation of the declared value up to a maximum of 1,0 percentage point in absolute terms Total phosphorus pentoxide (P2O5) ± 150 % relative deviation of the declared value up to a maximum of 1,0 percentage point in absolute terms Total potassium oxide (K2O) ± 150 % relative deviation of the declared value up to a maximum of 1,0 percentage point in absolute terms Total and water-soluble magnesium oxide, ± 25% of the declared content of those calcium oxide, sulphur trioxide or sodium nutrients up to a maximum of 1,5 oxide percentage points in absolute terms. Total copper (Cu) ± 50 % relative deviation of the declared value up to a maximum of 2,5 percentage points in absolute terms Total zinc (Zn) ± 50 % relative deviation of the declared value up to a maximum of 2,0 percentage points in absolute terms Quantity - 5 % relative deviation of the declared value Or. en Justification
Amendment 820 #
Proposal for a regulation
Annex III – part 3 – PFC 1(B) – table
Annex III – part 3 – PFC 1(B) – table
Amendment 821 #
Proposal for a regulation
Annex III – part 3 – PFC 1(B) – paragraph 1
Annex III – part 3 – PFC 1(B) – paragraph 1
Organic carbon: ± 2015 % relative deviation of the declared value up to a maximum of 2,0 percentage point in absolute terms
Amendment 822 #
Proposal for a regulation
Annex III – part 3 – PFC 1(B) – paragraph 2
Annex III – part 3 – PFC 1(B) – paragraph 2
Organic nitrogen: ± 50 % relative deviation Organic nitrogen: ± 15 % relative deviation of the declared value up to a maximum of of the declared value up to a maximum of 1,0 percentage point in absolute terms 1,0 percentage point in absolute terms
Amendment 824 #
Proposal for a regulation
Annex III – part 3 – PFC 1(C) (I) – table
Annex III – part 3 – PFC 1(C) (I) – table
Permissible tolerance for the declared content of forms of macronutrient N P2O5 K2O MgO CaO SO3 Na2O ± 25% of the declared content of ± 25% of the declared content of ± 25% of the declared the nutrient forms present up to a those nutrients up to a maximum content up to a maximum of 2 percentage point of 1,5 percentage points in maximum of 0,9 in absolute terms absolute terms. percentage points in absolute terms P2O5 tolerances refer to phosphorus pentoxide (P2O5) soluble in neutral ammonium citrate and water.
Amendment 826 #
Proposal for a regulation
Annex III – part 3 – PFC 1(C) (I) – paragraph 1
Annex III – part 3 – PFC 1(C) (I) – paragraph 1
Granulometry: ± 120 % relative deviation applicable to the declared percentage of material passing a specific sieve
Amendment 840 #
Proposal for a regulation
Annex IV – part 2 – Module A – paragraph 4.2
Annex IV – part 2 – Module A – paragraph 4.2
4.2. The manufacturer shall draw up a written EU declaration of conformity for each CE marked fertilising product lot and keep it together with the technical documentation at the disposal of the national authorities for 105 years after the CE marked fertilising product has been placed on the market. The EU declaration of conformity shall identify the CE marked fertilising product for which it has been drawn up.
Amendment 844 #
Proposal for a regulation
Annex IV – part 2 – Module B – paragraph 3.2 – point c – indent 6
Annex IV – part 2 – Module B – paragraph 3.2 – point c – indent 6
- test reports, including studies on agronomic efficiency, and
Amendment 847 #
Proposal for a regulation
Annex IV – part 2 – Module B – paragraph 9
Annex IV – part 2 – Module B – paragraph 9
9. The manufacturer shall keep a copy of the EU-type examination certificate, its annexes and additions together with the technical documentation at the disposal of the national authorities for 105 years after the CE marked fertilising product has been placed on the market.
Amendment 848 #
Proposal for a regulation
Annex IV – part 2 – Module C – paragraph 3.2
Annex IV – part 2 – Module C – paragraph 3.2
3.2 The manufacturer shall draw up a written EU declaration of conformity for a CE marked fertilising product lot and keep it at the disposal of the national authorities for 105 years after the CE marked fertilising product has been placed on the market. The EU declaration of conformity shall identify the CE marked fertilising product lot for which it has been drawn up.
Amendment 850 #
Proposal for a regulation
Annex IV – part 2 – Module D 1 – paragraph 3
Annex IV – part 2 – Module D 1 – paragraph 3
3. The manufacturer shall keep the technical documentation at the disposal of the relevant national authorities for 105 years after the CE marked fertilising product has been placed on the market.
Amendment 851 #
Proposal for a regulation
Annex IV – part 2 – Module D 1 – paragraph 7.2.1
Annex IV – part 2 – Module D 1 – paragraph 7.2.1
7.2.1 The manufacturer shall draw up a written EU declaration of conformity for each CE marked fertilising product lot and keep it at the disposal of the national authorities for 105 years after the CE marked fertilising product has been placed on the market. The EU declaration of conformity shall identify the product lot for which it has been drawn up.
Amendment 852 #
Proposal for a regulation
Annex IV – part 2 – Module D 1 – paragraph 8
Annex IV – part 2 – Module D 1 – paragraph 8
8. The manufacturer shall, for a period ending at least 105 years after the product has been placed on the market, keep at the disposal of the national authorities: