106 Amendments of Annie SCHREIJER-PIERIK related to 2016/0084(COD)
Amendment 51 #
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 producers, growing media, soil improvers, limiting materials, agronomic additives, and plant biostimulants and amending Regulations (EC) No 1069/2009 and (EC) No 1107/2009 (Text with EEA relevance)
Amendment 52 #
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 products and amending Regulations (EC) No 1069/2009 and, (EC) No 1107/2009, Directive 91/676/EEC and Regulation (EC) No 11907/20096 (Text with EEA relevance)
Amendment 69 #
Proposal for a regulation
Recital 10
Recital 10
(10) The end point in the manufacturing chain should be determined for each relevant component material containing animal by-products in accordance with the procedures laid down in Regulation (EC) No 1069/2009. The setting of processing methods and recovery rules for animal by- products for which an end point in the manufacturing chain has been determined should start immediately after the entry into force of this Regulation. Accordingly, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of expanding or adding, without any unnecessary delay, certain animal by-products to the specific component material categories in order to increase opportunities and provide more legal certainty for producers and users by unlocking the circular potential of increased use of nutrients from animal by-products such as animal manure. Where a manufacturing process regulated under this Regulation starts already before that end point has been reached, the process requirements of both Regulation (EC) No 1069/2009 and this Regulation should apply cumulatively to CE marked fertilising products, which means application of the stricter requirement in case both Regulations regulate the same parameter.
Amendment 71 #
Proposal for a regulation
Recital 13
Recital 13
(13) For certain recovered wastes such as struvite, biochar and ash-based products within the meaning of Directive 2008/98/EC of the European Parliament and of the Council20 , a market demand for their use as fertilising products has been identified. Furthermore, certain requirements are necessary for the waste used as input in the recovery operation and for the treatment processes and techniques, as well as for fertilising products resulting from the recovery operation, in order to ensure that the use of those products does not lead to overall adverse environmental or human health impacts. For CE marked fertilising products, those requirements should be laid down in this Regulation. Therefore, as of the moment of compliance with all the requirements of this Regulation, such products should cease to be regarded as waste, within the meaning of Directive 2008/98/EC, and accordingly it should be possible for products containing or consisting of such recovered waste materials to access the internal market. To ensure legal clarity and to further incentivize producers to increase their use of valuable waste streams, the scientific analyses and the setting of process requirements on Union level for such products should start immediately after the entry into force of this Regulation. Accordingly, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of defining, without unnecessary delay, larger or additional categories of component materials eligible for the use in the production of CE marked fertilising products such as struvite, biochar and ash-based products. __________________ 20 Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
Amendment 74 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Certain industry by-products, co- products or recycled products coming from specific industrial processes are currently used by manufacturers as a component of a CE marked fertilising product. For components of CE marked fertilising products, requirements related to component material categories should be laid down in this Regulation. If applicable, as of the moment of compliance with all the requirements of this Regulation, such products should cease to be regarded as waste within the meaning of Directive 2008/98/EC.
Amendment 113 #
Proposal for a regulation
Recital 55 a (new)
Recital 55 a (new)
(55a) Current manufacturing practices using other industry by-products or recycled products as a component of a mineral fertilizer have to be secured through this Regulation, in order to maintain and support their contribution to the circular economy in the Union. It should be possible for those components to be eligible as a component according to the requirements set in this Regulation, without unnecessary delay, once the manufacturing processes have been scientifically analysed and process requirements have been established at Union level. For that purpose, the power to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of defining larger or additional component materials eligible for use in the production of such products.
Amendment 143 #
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 products and amending Regulations (EC) No 1069/2009 and (EC) No 1107/2009, Directive 91/676/EEC and Regulation (EC) No 1907/2006 (Text with EEA relevance)
Amendment 162 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
A CE marked fertilising product that has undergone a recovery operation and 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 wastecontains or consists of waste that has undergone a recovery operation in accordance with Directive 2008/98/EC and that complies with the requirements laid down in this Regulation shall be considered as having ceased to be waste from the moment the EU declaration of conformity is drawn up.
Amendment 163 #
Proposal for a regulation
Recital 10
Recital 10
(10) The end point in the manufacturing chain should be determined for each relevant component material containing animal by-products in accordance with the procedures laid down in Regulation (EC) No 1069/2009. The setting of processing methods and recovery rules for animal by- products for which an end point in the manufacturing chain has been determined should start immediately after the entry into force of this Regulation. Accordingly, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of expanding or adding, without any unnecessary delay, certain animal by-products to the specific component material categories in order to increase opportunities and provide more legal certainty for producers and users by unlocking the circular potential of the increased use of nutrients from animal by-products such as animal manure. Where a manufacturing process regulated under this Regulation starts already before that end point has been reached, the process requirements of both Regulation (EC) No 1069/2009 and this Regulation should apply cumulatively to CE marked fertilising products, which means application of the stricter requirement in case both Regulations regulate the same parameter.
Amendment 167 #
Proposal for a regulation
Recital 13
Recital 13
(13) For certain recovered wastes such as struvite, biochar and ash-based products within the meaning of Directive 2008/98/EC of the European Parliament and of the Council20 , a market demand for their use as fertilising products has been identified. Furthermore, certain requirements are necessary for the waste used as input in the recovery operation and for the treatment processes and techniques, as well as for fertilising products resulting from the recovery operation, in order to ensure that the use of those products does not lead to overall adverse environmental or human health impacts. For CE marked fertilising products, those requirements should be laid down in this Regulation. Therefore, as of the moment of compliance with all the requirements of this Regulation, such products should cease to be regarded as waste, within the meaning of Directive 2008/98/EC, and accordingly it should be possible for products containing or consisting of such recovered waste materials to access the internal market. To ensure legal clarity and to further incentivise producers to increase their use of valuable waste streams, the scientific analyses and the setting of process requirements on Union level for such products should start immediately after the entry into force of this Regulation. Accordingly, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of defining, without unnecessary delay, larger or additional categories of component materials eligible for the use in the production of CE marked fertilising products such as struvite, biochar and ash-based products. __________________ 20 Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
Amendment 169 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Certain industry by-products, co- products or recycled products coming from specific industrial processes are currently used by manufacturers as a component of a CE marked fertilising product. For components of CE marked fertilising products, requirements related to component material categories should be laid down in this Regulation. If applicable, as of the moment of compliance with all the requirements of this Regulation, such products should cease to be regarded as waste within the meaning of Directive 2008/98/EC.
Amendment 170 #
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 Annexes I to IV for the purposes of adapting them to technical progress and, in particular as regards the production of fertilisers from animal by-products and waste recovery products and for the facilitatingon of internal market access and free movement for CE marked fertilising products.
Amendment 173 #
Proposal for a regulation
Recital 15
Recital 15
(15) Certain substances, mixtures and micro- organisms and mixtures thereof, commonly referred to as plant biostimulants, are not as suchnecessarily nutrients as such, but nevertheless stimulate plants' general vigour and nutrition processes. Where such products aim solely at improving the plants' nutrient use efficiency, nutrient availability, tolerance to abiotic stress, or cropplant quality traits, or yield 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 175 #
Proposal for a regulation
Article 42 – paragraph 1 – point b a (new)
Article 42 – paragraph 1 – point b a (new)
(ba) which are currently used by manufacturers as by-products from or co- products of other industrial and/or agricultural processes, as well as recycled products.
Amendment 176 #
Proposal for a regulation
Article 42 – paragraph 1 a (new)
Article 42 – paragraph 1 a (new)
1a. Within one year after the entry into force of this Regulation, the Commission shall adopt a delegated act, in accordance with the first paragraph, to amend, for the first time, the component material categories set out in Annex II, in particular to add animal by-products, struvite, ash-based products and biochar to those component material categories. In adopting that delegated act, the Commission shall specifically focus on all technological progress which is being made in the recovery of nutrients.
Amendment 179 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) Fertilising products which are CE marked in accordance with this Regulation should always be afforded equal treatment and should not be unduly discriminated against by the rules laid down in other national and Union legislation. In order to incentivise the use of fertilising products from recycled and organic materials, technologically neutral rules should apply in order to provide legal clarity to producers who invest in the production of innovative fertilising products and to ensure fair competition between the different categories of fertilising products. Provided that fertilising products containing or consisting of processed animal manure are sufficiently agronomically efficient in order to maintain the environmental objectives of Directive 91/676/EEC1a and that this efficiency is proven by technical documentation which is checked by the mechanisms provided for in this Regulation, it would be unjustified to restrict the application of such fertilising products below the application limits of nitrogen compounds from livestock manure established under Directive 91/676/EEC or Commission implementing decisions and derogations related to obligations under the same Directive. Therefore, Directive 91/676/EEC should be amended so as to prevent discrimination of CE marked fertilising products containing or consisting of processed animal manure. __________________ 1aCouncil Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources.
Amendment 185 #
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 197 #
Proposal for a regulation
Article 46 a (new)
Article 46 a (new)
Amendment 198 #
Proposal for a regulation
Article 46 a (new)
Article 46 a (new)
Article 46a Amendments to Regulation (EC) No 1907/2006 In Annex V, point 12 is replaced by the following: "12. Compost, biogas and digestate."
Amendment 199 #
Proposal for a regulation
Recital 55
Recital 55
(55) Promising technical progress is being made in the field of recycling of waste, such as phosphorus recycling from sewage sludge, in particular struvite, and fertilising product production from animal by-products, such as biochar. I and phosphorus recovery after incineration, in particular ash-based products. Therefore it should be possible for products containing or consisting of such materials to access the internal market without unnecessary delay when the manufacturing processes have been scientifically analysed and process requirements have been established at Union level. For that purpose, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of defining larger or additional categories of CE marked fertilising products or component materials eligible for use in the production of such products. The first of those delegated acts should, in particular, add struvite, biochar and ash- based products to the categories of component materials and should be adopted without any further delay after the entry into force of this Regulation. For animal by-products, component material categories should be expanded or added only to the extent an end point in the manufacturing chain has been determined in accordance with the procedures laid down in Regulation (EC) No 1069/2009, since animal by-products for which no such end point has been determined are in any event excluded from the scope of this Regulation.
Amendment 201 #
Proposal for a regulation
Recital 55 a (new)
Recital 55 a (new)
(55a) Current manufacturing practices using other industry by-products or recycled products as a component of a mineral fertiliser have to be secured through this Regulation, in order to maintain and support their contribution to the circular economy in the Union. It should be possible for those components to be eligible as a component according to the requirements set in this Regulation, without unnecessary delay, once the manufacturing processes have been scientifically analysed and process requirements have been established at Union level. For that purpose, the power to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of defining larger or additional component materials eligible for use in the production of such products.
Amendment 213 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘'fertilising product’' means a substance, mixture, micro-organism or any other material,product meeting the criteria for one or more of the of the product functional categories as defined in Annex I applied or intended to be applied, either on its own or mixed with another material, on plants or their rhizosphereoot zone and/or their soil/growing medium for the purpose of improviding plants with nutrient or improving their nutrition efficiency;' general vigour, yields and quality by improving their nutrition efficiency and/or their physical, chemical or biological growth conditions (with the exception of plant protection functions as defined in Regulation (EC)1107/2009). A fertilising product may include substances intended to enhance one or more technical traits of the product without affecting its fertilising properties ("technical additives").
Amendment 224 #
Proposal for a regulation
Annex I – part 2 – PFC 1(A) – point 3
Annex I – part 2 – PFC 1(A) – point 3
3. The absence of Salmonella spp. shall be absand the maximum presence of Escherichia coli and Enterococcaceae has to be provent in a 25 g sample of the CE marked fertilising productccordance to Regulation No 142/2011 and implementing Regulation No 1069/2009 Annex XI, Chapter I, section 2(d).
Amendment 228 #
Proposal for a regulation
Annex I – part 2 – PFC 1(A)(II) – point 2 – indent 1
Annex I – part 2 – PFC 1(A)(II) – point 2 – indent 1
- 21% by mass of total nitrogen (N),
Amendment 229 #
Proposal for a regulation
Annex I – part 2 – PFC 1(A)(II) – point 2 – indent 3
Annex I – part 2 – PFC 1(A)(II) – point 2 – indent 3
- 21% by mass of total potassium oxide (K2O).
Amendment 243 #
Proposal for a regulation
Annex I – part 2 – PFC 1(B)(II) – point 2 – indent 1
Annex I – part 2 – PFC 1(B)(II) – point 2 – indent 1
- 21 % by mass of total nitrogen (N), out of which 0,5 % by mass of the CE marked fertilising product shall be organic nitrogen (N), or
Amendment 246 #
Proposal for a regulation
Annex I – part 2 – PFC 1(B)(II) – point 2 – indent 3
Annex I – part 2 – PFC 1(B)(II) – point 2 – indent 3
- 21 % by mass of total potassium oxide (K2O).
Amendment 247 #
Proposal for a regulation
Annex I – part 2 – PFC 1(B)(II) – point 2 a (new)
Annex I – part 2 – PFC 1(B)(II) – point 2 a (new)
2a. Where the CE-marked fertilising product contains more than one nutrient the product shall contain the following declared nutrients in the minimum quantities stated below: – 1.0% by mass of total nitrogen, of which 0.5% by mass of the CE-marked fertilising product shall be organic (N), or – 1.0% by mass of total phosphorus pentoxide (P2O5), or – 1.0% by mass of total potassium oxide (K2O), and – 3.0% by mass of total sum of nutrients.
Amendment 248 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
A CE marked fertilising product that has undergone a recovery operation and 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 wastecontains or consists of waste which has undergone a recovery operation in accordance with Directive 2008/98/EC and that complies with the requirements laid down in this Regulation shall be considered as having ceased to be waste from the moment the EU declaration of conformity is drawn up.
Amendment 267 #
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 Annexes I to IV for the purposes of adapting them to technical progress and, in particular as regards the production of fertilisers from animal by-products and waste recovery products and for the facilitatingon of internal market access and free movement for CE marked fertilising products
Amendment 277 #
Proposal for a regulation
Article 42 – paragraph 1 – point a
Article 42 – paragraph 1 – point a
(a) which are likely to be subject of significant trade on the internal market, and
Amendment 279 #
Proposal for a regulation
Article 42 – paragraph 1 – point b
Article 42 – paragraph 1 – point b
(b) for which there is scientific evidence that the they do not present an unacceptable risk to human, animal or plant health, to safety or to the environment, and that they are sufficiently effective., and
Amendment 282 #
Proposal for a regulation
Article 42 – paragraph 1 – point b a (new)
Article 42 – paragraph 1 – point b a (new)
(ba) which are currently used by manufacturers as by-products from or co- products of other industrial and/or agricultural processes, as well as recycled products.
Amendment 285 #
Proposal for a regulation
Article 42 – paragraph 1 a (new)
Article 42 – paragraph 1 a (new)
Amendment 293 #
Proposal for a regulation
Article 42 – paragraph 2 – point g a (new)
Article 42 – paragraph 2 – point g a (new)
(ga) reference of declared conformity to the relevant harmonised standards on safety of micro-organisms used which have been published in the Official Journal of the European Union, or conformity with the relevant common specifications as adopted by the European Commission if such harmonised standards are not in place.
Amendment 302 #
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 beingmaterial (including mulch) added to the soil for the purpose of maintaining, improvingin situ primarily to maintain or improtecting the physical or chemical properties, the structure or the biological activity of soilve its physical properties, and which may improve its chemical and/or biological properties or activity.
Amendment 305 #
Proposal for a regulation
Annex I – part 2 – PFC 3 – paragraph 1a (new)
Annex I – part 2 – PFC 3 – paragraph 1a (new)
The CE marked fertilising product shall contain 15% or more material of biological origin.
Amendment 306 #
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 power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of defining the requirements for the standard for the biodegradability criteria and the development of an appropriate testing method for biodegradation. It shall be evaluated towards latest scientific evidence and set as of [Publications office, please insert the date occurring five years after the date of application of this Regulation].
Amendment 306 #
Proposal for a regulation
Annex I – part 2 – PFC 3(A) – point 1
Annex I – part 2 – PFC 3(A) – point 1
1. An organic soil improver shall consist exclusively oftain material of solely biological origin, excluding material which is fossilized or embedded in geological formations.
Amendment 311 #
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 321 #
Proposal for a regulation
Article 46 a (new)
Article 46 a (new)
Article 46a Article 46a Amendments to Regulation (EC) No 1907/2006 In Annex V, point 12 is replaced by the following: "12. Compost, biogas and digestate."
Amendment 323 #
Proposal for a regulation
Article 46 b (new)
Article 46 b (new)
Article 46b Amendments to Directive 91/676/EEC Directive 91/676/EEC is amended as follows: "(1) Article 2(g) is replaced by the following: "(g) 'livestock manure': means waste products excreted by livestock or a mixture of litter and waste products excreted by livestock, even in processed form, unless these products are CE marked in accordance with Regulation (EC) XXX1a and have a declared N fertiliser replacement value (NFRV) of at least 76% for the application made;" __________________ 1aProposal for a Regulation of the European Parliament and the Council on laying down rules on the making available on the market of CE marked fertilising products and amending Regulations (EC) No 1069/2009 and (EC) No 1107/2009
Amendment 342 #
Proposal for a regulation
Annex I – part 2 – PFC 1(A) – paragraph 1 – subparagraph 2
Annex I – part 2 – PFC 1(A) – paragraph 1 – subparagraph 2
of solely biological origin, excluding material which is fossilized or embedded in geological formations, with the exemption of leonardite, lignite and peat.
Amendment 342 #
Proposal for a regulation
Annex II – part 1 – subheading 11 a (new)
Annex II – part 1 – subheading 11 a (new)
CMC 11a (new): Other industry by- products
Amendment 344 #
Proposal for a regulation
Annex II – part 2 – CMC 1 – point 1 – point b
Annex II – part 2 – CMC 1 – point 1 – point b
(b) by-products within the meaning of Directive 2008/98/EC, hailing from a production process which makes use of waste (as defined by Directive 2008/98/EC) as a raw material,
Amendment 345 #
Proposal for a regulation
Annex II – part 2 – CMC 1 – point 1 – point c
Annex II – part 2 – CMC 1 – point 1 – point c
(c) materials formerly having constituted one of the materials mentioned in one of points a-b, with the exception of secondary raw materials from sewage sludge, such as struvite,
Amendment 354 #
Proposal for a regulation
Annex I – part 2 – PFC 1(A) – paragraph 3
Annex I – part 2 – PFC 1(A) – paragraph 3
3. The absence of Salmonella spp. shall be absand the maximum presence of Escherichia coli and Enterococcaceae has to be provent in a 25 g sample of the CE marked fertilising product. ccordance to Regulation No 142/2011 implementing Regulation No 1069/2009 Annex XI, Chapter I, section 2(d).
Amendment 365 #
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 (except sludge from food, feed and agrofuels processing plants not containing pollutants), or dredging sludge, and
Amendment 372 #
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) Materials conform to CMC 2, CMC 3, CMC 4, CMC 5, CMC 6 and CMC 11.
Amendment 373 #
Proposal for a regulation
Annex I – part 2 – PFC 1(A) (II) – paragraph 2 – indent 1
Annex I – part 2 – PFC 1(A) (II) – paragraph 2 – indent 1
- 21% by mass of total nitrogen (N),
Amendment 375 #
Proposal for a regulation
Annex I – part 2 – PFC 1(A) (II) – paragraph 2 – indent 3
Annex I – part 2 – PFC 1(A) (II) – paragraph 2 – indent 3
- 21% by mass of total potassium oxide (K2O).
Amendment 379 #
Proposal for a regulation
Annex II – part 2 – CMC 4 – point 3 – point b
Annex II – part 2 – CMC 4 – point 3 – point b
(b) Thermophilic anaerobic digestion at 55°C with a treatment process including a pasteurisation step (70°C – 1h)as defined in Commission Regulation No 142/2011 and implementing Regulation No 1069/2009 Annex V Chapter 1, section 1, point 1;
Amendment 380 #
Proposal for a regulation
Annex II – part 2 – CMC 4 – point 3 – point d
Annex II – part 2 – CMC 4 – point 3 – point d
(d) Mesophilic anaerobic digestion at 37-40°C with a treatment process including a pasteurisation step (70°C – 1h)as defined in Commission Regulation No 142/2011 and implementing Regulation No 1069/2009 Annex V Chapter 1, section 1, point 1; or
Amendment 381 #
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 1 – subparagraph 2
Annex I – part 2 – PFC 1(B) – paragraph 1 – subparagraph 2
of solely biological origin, excluding material which is fossilized or embedded in geological formations, with the exemption of leonardite, lignite and peat.
Amendment 389 #
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) Materials conform to CMC2, CMC3, CMC4, CMC5, CMC6 and CMC11.
Amendment 391 #
Proposal for a regulation
Annex II – part 2 – CMC 5 – point 3 – point b
Annex II – part 2 – CMC 5 – point 3 – point b
(b) Thermophilic anaerobic digestion at 55°C with a treatment process including a pasteurisation step (70°C – 1h)as defined in Commission Regulation No 142/2011 and implementing Regulation No 1069/2009 Annex V Chapter 1, section 1, point 1;
Amendment 392 #
Proposal for a regulation
Annex II – part 2 – CMC 5 – point 3 – point d
Annex II – part 2 – CMC 5 – point 3 – point d
(d) Mesophilic anaerobic digestion at 37-40°C with a treatment process including a pasteurisation step (70°C – 1h)as defined in Commission Regulation No 142/2011 and implementing Regulation No 1069/2009 Annex V Chapter 1, section 1, point 1; or
Amendment 418 #
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) improving the stability of the CE marked fertilizing products.
Amendment 419 #
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 424 #
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 three years after the date of application of this Regulation], the following criterion shall be complied with: The polymer, as applied in form and amount in the fertilizing product, 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.
Amendment 426 #
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 of the polymer, as applied in form and amount in the fertilising product, by setting a timeframe in which at least 90%, absolute or relative to the reference material, of the organic carbon is converted into CO2, after the claimed release time of the polymer has been fulfilled, and
Amendment 431 #
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, as applied in form and amount in the fertilising product, is capable of undergoing physical, biological decomposition, such that most of it ultimately decomposes into carbon dioxide (CO2), biomass and water.
Amendment 442 #
Proposal for a regulation
Annex II – part 2 – CMC 11 a (new)
Annex II – part 2 – CMC 11 a (new)
CMC 11a (new): OTHER INDUSTRY BY-PRODUCTS A CE marked fertilising product may contain other industry by-products coming from specific industrial processes, which are excluded from CMC 1 and are listed in the table below and as specified therein1a : __________________ 1aTable contents to be determined by the Commission. See amendment to industry by-products - Article 42 – paragraph 1 – point c (new).
Amendment 446 #
Proposal for a regulation
Annex I – part 2 – PFC 1(B) (II) – paragraph 2 – indent 1
Annex I – part 2 – PFC 1(B) (II) – paragraph 2 – indent 1
- 21 % by mass of total nitrogen (N), out of which 0,5 % by mass of the CE marked fertilising product shall be organic nitrogen (N), or
Amendment 447 #
Proposal for a regulation
Annex I – part 2 – PFC 1(B) (II) – paragraph 2 – indent 2
Annex I – part 2 – PFC 1(B) (II) – paragraph 2 – indent 2
- 20,5 % by mass of total phosphorus pentoxide (P2O5), or
Amendment 448 #
Proposal for a regulation
Annex I – part 2 – PFC 1(B) (II) – paragraph 2 – indent 3
Annex I – part 2 – PFC 1(B) (II) – paragraph 2 – indent 3
- 21 % by mass of total potassium oxide (K2O).
Amendment 449 #
Proposal for a regulation
Annex I – part 2 – PFC 1(B) (II) – paragraph 2 a (new)
Annex I – part 2 – PFC 1(B) (II) – paragraph 2 a (new)
2a. Where the CE marked fertilising product contains more than one nutrient the product shall contain the following declared nutrients in the minimum quantities stated below: - 1.0% by mass of total nitrogen, of which 0.5% by mass of the CE marked fertilising product shall be organic (N), or - 1.0% by mass of total phosphorus pentoxide (P2O5), or - 1.0% by mass of total potassium oxide (K2O), and - 3.0% by mass of total sum of nutrients.
Amendment 452 #
Proposal for a regulation
Annex I – part 2 – PFC 1(B) (I) – paragraph 3
Annex I – part 2 – PFC 1(B) (I) – paragraph 3
3. Organic carbon (C) shall be present in the CE marked fertilising product by at least 31 % by mass.
Amendment 456 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C) – title
Annex I – part 2 – PFC 1(C) – title
Amendment 482 #
Proposal for a regulation
Annex II – part II – CMC 3 – point 1
Annex II – part II – CMC 3 – point 1
1. A CE markedEU fertilising product may contain compost obtained through aerobic composting, a liquid or non-liquid microbial or non-microbial extract made out of compost, obtained through aerobic composting, and the possible ensuing multiplication of the naturally occurring microbials of exclusively one or more of the following input materials:
Amendment 507 #
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 extract as specified in CMC 2.
Amendment 512 #
Proposal for a regulation
Annex IV – part 2 – module D1 – point 2 – point b
Annex IV – part 2 – module D1 – point 2 – point b
(b) conceptual design and manufacturing drawings and schemes, including a written description and a diagram of the production process, where each treatment, storage vessel and area is clearly identified,a written description and a diagram of the production process;
Amendment 578 #
Proposal for a regulation
Annex I – part 2 – PFC 3
Annex I – part 2 – PFC 3
A soil improver shall be a CE marked fertilising product aimed at beingmaterial (including mulch) added to the soil for the purpose of maintaining, improvingin situ primarily to maintain or improtecting the physical or chemical properties, the structure or the biological activity of soilve its physical properties, and which may improve its chemical and/or biological properties or activity.
Amendment 579 #
Proposal for a regulation
Annex I – part 2 – PFC 3 (A) – paragraph 1
Annex I – part 2 – PFC 3 (A) – paragraph 1
1. An organic soil improver shall consist exclusively oftain material of solely biological origin, excluding material which is fossilized or embedded in ge and can also contain leonardite, lignite and peat. The CE marked fertilising product shall contain 15% or more material of biological formations. igin and can also contain leonardite, lignite and peat.
Amendment 593 #
Proposal for a regulation
Annex I – part 2 – PFC 3(A) – paragraph 4
Annex I – part 2 – PFC 3(A) – paragraph 4
4. The CE marked fertilising product shall contain 420% or more dry matter.
Amendment 595 #
Proposal for a regulation
Annex I – part 2 – PFC 3(B) – paragraph 1
Annex I – part 2 – PFC 3(B) – paragraph 1
1. An inorganic soil improver shall be a soil improver other than an organic soil improver, and include mulch films made with polymer complying with the requirements of points 2 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 and/or prevent erosion.
Amendment 600 #
Proposal for a regulation
Annex I – part 2 – PFC 4 – paragraph 1
Annex I – part 2 – PFC 4 – paragraph 1
1. A growing medium shall be a material other than soil intended for use as a substrate for root development situ for plants and mushrooms to grow in.
Amendment 632 #
Proposal for a regulation
Annex I – part 2 – PFC 6 – paragraph 1 – point c a (new)
Annex I – part 2 – PFC 6 – paragraph 1 – point c a (new)
(ca) degradation of the organic compounds in the soil; or
Amendment 633 #
Proposal for a regulation
Annex I – part 2 – PFC 6 – paragraph 1 – point c b (new)
Annex I – part 2 – PFC 6 – paragraph 1 – point c b (new)
(cb) increase the availability of nutrients confined in soil, rhizosphere and phyllosphere.
Amendment 650 #
Proposal for a regulation
Annex I – part 2 – PFC 6 (A) – paragraph 12 – subparagraph 2
Annex I – part 2 – PFC 6 (A) – paragraph 12 – subparagraph 2
Amendment 658 #
Proposal for a regulation
Annex II – part 2 – CMC 1 – paragraph 1 – point b
Annex II – part 2 – CMC 1 – paragraph 1 – point b
(b) by-products within the meaning of Directive 2008/98/EC, hailing from a production process which makes use of waste (as defined by Directive 2008/98/EC) as a raw material.
Amendment 659 #
Proposal for a regulation
Annex II – part 2 – CMC 1 – paragraph 1 – point c
Annex II – part 2 – CMC 1 – paragraph 1 – point c
(c) materials formerly having constituted one of the materials mentioned in one of points a-b, with the exception of secondary raw materials from sewage sludge, such as struvite,
Amendment 676 #
Proposal for a regulation
Annex II – part II – CMC 3 – paragraph 1 – point b – indent 2
Annex II – part II – CMC 3 – paragraph 1 – point b – indent 2
- sewage sludge, industrial sludge (except sludge from food, feed and agrofuels processing plants not containing pollutants), or dredging sludge, and
Amendment 682 #
Proposal for a regulation
Annex II – part II – CMC 3 – paragraph 1 – point e a (new)
Annex II – part II – CMC 3 – paragraph 1 – point e a (new)
(ea) Materials conforming to CMC2, CMC3, CMC4, CMC5, CMC6 and CMC11
Amendment 693 #
Proposal for a regulation
Annex II – part II – CMC 4 – paragraph 3 – point b
Annex II – part II – CMC 4 – paragraph 3 – point b
(b) Thermophilic anaerobic digestion at 55°C with a treatment process including a pasteurisation step (70°C – 1h)as defined in Commission Regulation No 142/2011 implementing Regulation No 1069/2009 Annex V Chapter 1 section 1, point 1;
Amendment 694 #
Proposal for a regulation
Annex II – part II – CMC 4 – paragraph 3 – point d
Annex II – part II – CMC 4 – paragraph 3 – point d
(d) Mesophilic anaerobic digestion at 37-40°C with a treatment process including a pasteurisation step (70°C – 1h)as defined in Commission Regulation No 142/2011 implementing Regulation No 1069/2009 Annex V Chapter 1 section 1, point 1; or
Amendment 703 #
Proposal for a regulation
Annex II – part 2 – CMC 5 – paragraph 1 – point e a (new)
Annex II – part 2 – CMC 5 – paragraph 1 – point e a (new)
(ea) Materials conforming to CMC2, CMC3, CMC4, CMC5, CMC6 and CMC11
Amendment 705 #
Proposal for a regulation
Annex II – part 2 – CMC 5 – paragraph 3 – point b
Annex II – part 2 – CMC 5 – paragraph 3 – point b
(b) Thermophilic anaerobic digestion at 55°C with a treatment process including a pasteurisation step (70°C – 1h)as defined in Commission Regulation No 142/2011 implementing Regulation No 1069/2009 Annex V Chapter 1 section 1, point 1;
Amendment 706 #
Proposal for a regulation
Annex II – part 2 – CMC 5 – paragraph 3 – point d
Annex II – part 2 – CMC 5 – paragraph 3 – point d
(d) Mesophilic anaerobic digestion at 37-40°C with a treatment process including a pasteurisation step (70°C – 1h)as defined in Commission Regulation No 142/2011 implementing Regulation No 1069/2009 Annex V Chapter 1 section 1, point 1; or
Amendment 708 #
Proposal for a regulation
Annex II – part 2 – CMC 6 – heading
Annex II – part 2 – CMC 6 – heading
CMC 6: Food Chain industry by-products
Amendment 710 #
Proposal for a regulation
Annex II – part 2 – CMC 6 – paragraph 1 – point c
Annex II – part 2 – CMC 6 – paragraph 1 – point c
(c) vinasse, i.e. a viscous by-product of the fermentation process of molasses into ethanol, ascorbic acid or other products.
Amendment 711 #
Proposal for a regulation
Annex II – part 2 – CMC 6 – paragraph 1 – point c a (new)
Annex II – part 2 – CMC 6 – paragraph 1 – point c a (new)
(ca) with the exception of animal by- products within the meaning of Regulation (EC) 1069/2009, any other material or substance that has been approved for use in food or animal feed, including food chain industrial by- products, provided that there is no known safety, health or hygiene issue associated with that substance or material used as a fertilising product according to the instructions for use.
Amendment 715 #
Proposal for a regulation
Annex II – part 2 – CMC 6 – paragraph 2 – introductory part
Annex II – part 2 – CMC 6 – paragraph 2 – introductory part
The substance shall have been registered pursuant to Regulation (EC) No 1907/2006,47 in a dossier containing __________________ 47 __________________ 47 In the case of a substance recovered in In the case of a substance recovered in the European Union, this condition is fulfilled if the substance is the same, within the meaning of Article 2(7)(d)(i) of Regulation (EC) No 1907/2006, as a substance registered in a dossier containing the information here indicated, and if information is available to the fertilising product manufacturer within the meaning of Article 2(7)(d)(ii) of Regulation (EC) No 1907/2006.
Amendment 716 #
Proposal for a regulation
Annex II – part 2 – CMC 6 – paragraph 2 – point a
Annex II – part 2 – CMC 6 – paragraph 2 – point a
Amendment 721 #
Proposal for a regulation
Annex II – part 2 – CMC 6 – paragraph 2 – point b
Annex II – part 2 – CMC 6 – paragraph 2 – point b
Amendment 724 #
Proposal for a regulation
Annex II – part 2 – CMC 6 – paragraph 2 – subparagraph 2
Annex II – part 2 – CMC 6 – paragraph 2 – subparagraph 2
unless explicitly covered by one of the registration obligation exemptions provided for by Annex IV to that Regulation or by points 6, 7, 8, or 9 of Annex V torticle 2 of that Regulation.
Amendment 733 #
Proposal for a regulation
Annex II – part 2 – CMC 10 – paragraph 1 – point b
Annex II – part 2 – CMC 10 – paragraph 1 – point b
(b) increasing the water retention capacity of the CE marked fertilising product., or
Amendment 735 #
Proposal for a regulation
Annex II – part 2 – CMC 10 – paragraph 1 – point b a (new)
Annex II – part 2 – CMC 10 – paragraph 1 – point b a (new)
(ba) improving the stability of the CE marked fertilising products; or
Amendment 736 #
Proposal for a regulation
Annex II – part 2 – CMC 10 – paragraph 1 – point b b (new)
Annex II – part 2 – CMC 10 – paragraph 1 – point b b (new)
(bb) to be converted into mulch film complying with the requirements of points 2 and 3 of CMC10.
Amendment 738 #
Proposal for a regulation
Annex II – part 2 – CMC 10 – paragraph 2 – introductory part
Annex II – part 2 – CMC 10 – paragraph 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 (requirements shall be introduced: (a) a standard for the biodegradability of the polymer, as applied in form and amount in the fertilising product, by setting a timeframe in which at least 90%, absolute or relative to the reference material, of the organic carbon is converted into 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. after the claimed release time of the polymer has been fulfilled, and (b) a biodegradability test that complies with the following criterion: the polymer, as applied in form and amount in the fertilising product, is capable of undergoing physical, biological decomposition, such that most of it ultimately decomposes into carbon dioxide (CO2), biomass and water.
Amendment 768 #
Proposal for a regulation
Annex II – part 2 – CMC 11 a (new) – heading
Annex II – part 2 – CMC 11 a (new) – heading
CMC 11a: Other industry by-products
Amendment 769 #
Proposal for a regulation
Annex II – part 2 – CMC 11 a (new)
Annex II – part 2 – CMC 11 a (new)
A CE marked fertilising product may contain other industry by-products coming from specific industrial processes, which are excluded from CMC 1 and are listed in the table below and as specified therein:
Amendment 777 #
Proposal for a regulation
Annex III – part 1 – paragraph 8 a (new)
Annex III – part 1 – paragraph 8 a (new)
8a. The term “N Fertiliser Replacement Value” (NFRV) or similar may only be used if the fertilising products contains or consists of processed animal manure, and if the value indicates the product’s performance compared with calcium ammonium nitrate (CAN) with regard to nitrate leaching to water at the recommended use(s).
Amendment 832 #
Proposal for a regulation
Annex IV – part 1 – paragraph 1 – subparagraph 1 – point f a (new)
Annex IV – part 1 – paragraph 1 – subparagraph 1 – point f a (new)
(fa) Non-processed or mechanically processed plants, plant parts or plant extracts as specified in CMC 2
Amendment 839 #
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 10 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. The definition of “lot” under this Regulation has to be clarified. If “lot” is defined as “lot/batch” as defined by CEN standards, the Product Function Categories PFC 3 and PFC 4 shall be exempted from point 4.2.
Amendment 849 #
Proposal for a regulation
Annex IV – part 2 – Module D 1 – paragraph 2 – point b
Annex IV – part 2 – Module D 1 – paragraph 2 – point b
(b) conceptual design and manufacturing drawings and schemes, including a written description and a diagram of the production process, where each treatment, storage vessel and area is clearly identifieda written production report and a flow chart of the production process,