BETA

31 Amendments of Bronis ROPĖ related to 2016/0084(COD)

Proposal for a regulation
Recital 7

(7) Similarly, different component materials warrant different process requirements and control mechanisms adapted to their different potential hazardousness and variability. Component materials for CE marked fertilising products should therefore be divided into different categories, which should each be subject to specific process requirements and control mechanisms, and clear and easily intelligible user information measures should be established. It should be possible to make available on the market a CE marked fertilising product composed of several component materials from various component material categories, where each material complies with the requirements of the category to which the material belongs.

2017/03/24
Committee: AGRI

Proposal for a regulation
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~~Impurities should therefore be strictly limited in such products, and information on the presence of impurities in fertiliser should be clearly displayed on the packaging. 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.

2017/03/24
Committee: AGRI

Proposal for a regulation
Recital 13

(13) For certain recovered wastes 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, and clear information about potential adverse effects should be provided. 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. __________________ 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).

2017/03/24
Committee: AGRI

Proposal for a regulation
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 and environmental criteria. Such substances and mixtures should therefore also be regulated as component materials for CE marked fertilising products.

2017/03/24
Committee: AGRI

Proposal for a regulation
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.

2017/03/24
Committee: AGRI

Proposal for a regulation
Recital 17

(17) This Regulation should not prevent the application of existing Union legislation relating to aspects of protection of health, safety and the environment not covered by this Regulation. This Regulation should therefore apply without prejudice to Council Directive 86/278/EEC22 , Council Directive 91/676/EEC22a , Council Directive 2000/60/EC 22b , Council Directive 89/391/EEC23 , Regulation (EC) No 1907/2006 of the European Parliament and of the Council24 , Regulation (EC) No 1272/2008 of the European Parliament and of the Council25 , Commission Regulation (EC) No 1881/200626 , Council Directive 2000/29/EC27 , Regulation (EU) No 98/2013 of the European Parliament and of the Council28 , ~~and~~ Regulation (EU) No 1143/2014 of the European Parliament and of the Council29 and Council Regulation (EC) No 834/2007 29a . __________________ 22 Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture (OJ L 181, 4.7.1986, p. 6). 22aCouncil Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ L 375 , 31/12/1991 P. 0001 - 0008). 22bDirective 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327 , 22/12/2000 P. 0001 - 0073). 23 Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p. 1). 24 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (OJ L 396, 30.12.2006, p. 1). 25 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures (OJ L 353, 31.12.2008, p. 1). 26 Commission Regulation (EC) No 1881/2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs (OJ L 364, 20.12.2006, p. 5). 27 Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ L 169, 10.7.2000, p. 1). 28 Regulation (EU) No 98/2013 of the European Parliament and of the Council of 15 January 2013 on the marketing and use of explosives precursors (OJ L 39, 9.2.2013, p. 1). 29 Regulation (EU) No 1143/2014 of the European Parliament and of the Council of 22 October 2014 on the prevention and management of the introduction and spread of invasive alien species (OJ L 317, 4.11.2014, p. 35). 29aCouncil Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products (OJ L 189/1, 20.7.2007).

2017/03/24
Committee: AGRI

Proposal for a regulation
Recital 23

(23) The manufacturer, having detailed knowledge of the design and production process, is best placed to carry out the conformity assessment procedure. Conformity assessment of CE marked fertilising products should therefore remain solely the obligation of the manufacturer., while in no way restricting the right of the competent national authorities to carry out control tests, publish their data and challenge the relevant information provided by the producer in accordance with the law;

2017/03/24
Committee: AGRI

Proposal for a regulation
Recital 33

(33) In order to ensure that CE marked ~~ammonium~~ nitrate fertilisers of high nitrogen content do not endanger safety, and that such fertilisers are not used for purposes other than those for which they are intended, for example as explosives, such fertilisers should be subject to specific requirements relating to detonation resistance testing and to traceability.

2017/03/24
Committee: AGRI

Proposal for a regulation
Recital 45

(45) In the interest of easing market access, it is crucial that notified bodies apply the conformity assessment procedures without creating unnecessary burdens for economic operators. For the same reason, and to ensure equal treatment of economic operators, consistency in the technical application of the conformity assessment procedures needs to be ensured. That can best be achieved through appropriate coordination and cooperation between notified bodies, as well as through providing proper access to information about the results of the notification procedure for all stakeholders, including market participants.

2017/03/24
Committee: AGRI

Proposal for a regulation
Article 1 – paragraph 2 – point b a (new)

(ba) Directive 91/676/EEC;

2017/03/24
Committee: AGRI

Proposal for a regulation
Article 1 – paragraph 2 – point b b (new)

(bb) Directive 2000/60/EC;

2017/03/24
Committee: AGRI

Proposal for a regulation
Article 1 – paragraph 2 – point h a (new)

(ha) Regulation (EC) No 834/2007

2017/03/24
Committee: AGRI

Proposal for a regulation
Article 46 – paragraph 1 – point 2

Regulation (EC) No 1107/2009
Article 3 – point 34 – introductory part

(3) "34. "plant biostimulant" means a ~~product~~ny naturally occurring substance or microorganism stimulating plant nutrition processes independently of it~~he 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:

2017/03/24
Committee: AGRI

Proposal for a regulation
Article 46 – paragraph 1 – point 2

Regulation (EC) No 1107/2009
Article 3 – point 34 – point b

(b) tolerance to ~~abiotic~~ stress;

2017/03/24
Committee: AGRI

Proposal for a regulation
Article 46 – paragraph 1 – point 2

Regulation (EC) No 1107/2009
Article 3 – point 34 – point c

(c) crop quality ~~traits~~.

2017/03/24
Committee: AGRI

Proposal for a regulation
Annex I – part 2 – PFC 6 – point 1 – introductory part

1. A plant biostimulant shall be a CE marked fertilising product containing any naturally occurring substance or microorganism stimulating plant nutrition processes independently of the 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:

2017/03/24
Committee: AGRI

Proposal for a regulation
Annex I – part 2 – PFC 6 – point 1 – point b

(b) tolerance to ~~abiotic~~ stress, or

2017/03/24
Committee: AGRI

Proposal for a regulation
Annex I – part 2 – PFC 6 – point 1 – point c

(c) crop quality ~~traits~~.

2017/03/24
Committee: AGRI

Proposal for a regulation
Annex II – part 2 – 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

2017/03/24
Committee: AGRI

Proposal for a regulation
Annex II – part 2 – CMC 7 – paragraph 1 – indent 1

– have undergone no other processing than drying or freeze-drying ~~and~~or fermentation

2017/03/24
Committee: AGRI

Proposal for a regulation
Annex II – part 2 – CMC 7 – paragraph 1 – indent 2

~~– are listed in the table below: Azotobacter spp. Mycorrhizal fungi Rhizobium spp. Azospirillum spp.~~deleted

2017/03/24
Committee: AGRI

Proposal for a regulation
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 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.

2017/03/24
Committee: AGRI

Proposal for a regulation
Annex II – part 2 – CMC 10 – point 2 – point d a (new)

(da) Tests shall also be carried out under in-vivo conditions that reflect the reality and range of degradation rates in the field and in sink habitats

2017/03/24
Committee: AGRI

Proposal for a regulation
Annex II – part 2 – CMC 10 – point 3 a (new)

3a. As the product is intended to be added to soil and released in to the environment, these criteria shall apply to all materials in the product.

2017/03/24
Committee: AGRI

Proposal for a regulation
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.

2017/03/24
Committee: AGRI

Proposal for a regulation
Annex III – part 1 – point 7 a (new)

7a. Where the CE marked fertilising product is allowed to be used in organic agriculture according to Regulation (EC) 834/2007, it shall be specified on the label as "allowed in organic farming with regard to (EC) No 834/2007.” CE fertiliser products not suitable for organic agriculture with regard to Regulation (EC) 834/2007, that have a commercial name recalling terms referred to in Article 23 of Regulation (EC) No 834/2007 that may mislead the final user about its use in organic agriculture, shall be specified on the label as "not allowed in organic farming with regard to Regulation (EC) No 834/2007.”

2017/03/24
Committee: AGRI

Proposal for a regulation
Annex III – part 2 – PFC 1(A) – paragraph 1 – point c

(c) numbers indicating the ~~total~~average 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),

2017/03/24
Committee: AGRI

Proposal for a regulation
Annex III – part 2 – PFC 1(A) – paragraph 1 – point d a (new)

(da) The following information should also be indicated : – Raw materials used for production and approximate percentage of ingredients; – Treatments the contents have undergone, such as mechanical or thermal; – pH of the product; – its form, such as powder or pellets; – additional substances used to form the product, such as gluing agents.

2017/03/24
Committee: AGRI

Proposal for a regulation
Annex III – part 2 – PFC 1(A) – paragraph 1 – point d b (new)

(db) Recommendations for use: – storage (temperature, humidity); – length of time it can be stored under the above conditions while still maintaining its properties; – dose for different crop species and their growth stages (kg/ha).

2017/03/24
Committee: AGRI

Proposal for a regulation
Annex III – part 2 – PFC 1(C)(I) – point 1 a (new)

1a. The label shall contain the following phrase: 'inorganic fertiliser may have the potential to provoke sensitising reactions'.

2017/03/24
Committee: AGRI

Proposal for a regulation
Annex III – part 2 – PFC 1(C)(I)(a) – point 4 a (new)

4a. The label shall contain the following phrase: 'inorganic fertiliser may have the potential to provoke sensitising reactions'.

2017/03/24
Committee: AGRI