29 Amendments of Gerben-Jan GERBRANDY related to 2016/0084(COD)
Amendment 147 #
Proposal for a regulation
Recital 1
Recital 1
(1) The conditions for making fertilisers available on the internal market have been partially harmonised through Regulation (EC) No 2003/2003 of the European Parliament and of the Council15 , which almost exclusively covers fertilisers from mined or chemically produced, inorganic materials. There is also a need to make use of recycled or organic materials for fertilising purposes. Harmonised conditions for making fertilisers made from such recycled or organic materials available on the entire internal market should be established in order to provide an important incentive for their further use. Promoting increased use of recycled nutrients would further contribute to the circular economy and allow a more resource efficient overall use of nutrients, while lowering EU dependency on nutrients from third countries. The scope of the harmonisation should therefore be extended in order to include recycled and organic materials. __________________ 15 Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers (OJ L 304, 21.11.2003, p. 1).
Amendment 150 #
Proposal for a regulation
Recital 8
Recital 8
(8) Contaminants in CE marked fertilising products, such as cadmium, can potentially pose a risk to human and animal health and the environment as they accumulate in the environment and enter the food chain. Several Member States already impose contaminant levels for cadmium due to the risk cadmium poses to human and animal health and the environment. Their content should therefore be limited in such products. Furthermore, impurities in CE marked fertilising products derived from bio-waste, in particular polymers but also metal and glass, should be either prevented or limited to the extent technically feasible by detection of such impurities in separately collected bio-waste before processing.
Amendment 162 #
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. In order to take advantage of technical developments concerning potential use of animal by-products the relevant component material category should be added or expanded in order to include more animal by-products. The setting of the requirements above and rules on processing and recovery for animal by-products should start immediately after the entry into force of this Regulation. Accordingly, 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 expanding or adding, without unnecessary delay, certain animal by- products to the specific component material categories in order to create more opportunities and legal certainty for producers and businesses by unlocking the potential to make better 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 168 #
Proposal for a regulation
Recital 13
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. 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. In order to take advantage of the technical developments and to further incentivise innovation in the recovery of valuable waste streams the relevant component material categories should be added or expanded in order to include more recovered waste eligible for use in the production of CE marked fertilising products such as struvite, biochar and ash-based products. The proper assessment and setting of processing requirements should start immediately after the entry into force of this Regulation. The Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union. __________________ 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 171 #
Proposal for a regulation
Recital 15
Recital 15
(15) Certain substances, mixtures and micro-organisms, commonly referred to as plant biostimulants, are not as such nutrients, but nevertheless stimulate plants' nutrition processes. Where such products aim solely at improving the plants' nutrient use efficiency, tolerance to abiotic stress, or crop quality traits, degradation of soil organic compounds, or increasing the availability of confined nutrients in soil and rhizosphere, 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 176 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) In order to take advantage of technical developments, enhance the innovative potential concerning the development and discovery of new microbial plant biostimulant products and give greater certainty for producers, the relevant component material categories should be added or expanded in order to include more micro-organisms. Accordingly, harmonised methods for the safety evaluation of new micro-organisms have to be clearly defined. The preparatory work for defining these safety evaluation methods should start immediately after the entry into force of this Regulation. The power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to define, without any unnecessary delay, the requirements which producers have to comply with to demonstrate the safety of new micro- organisms in order to be use in the production of CE marked fertilising products.
Amendment 183 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) It is important to ensure regulatory clarity for companies and businesses seeking to use digestates under this Regulation and to further foster the circular economy. Current implementation practices provides that digestates are not subject to registration pursuant to Regulation (EC) No 1907/2006, however this is not entirely clear from the wording of Annex V to that Regulation. Therefore that Annex should be amended in order to address this.
Amendment 198 #
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, andin particular struvite, fertilising product production from animal by-products, such as biochar and phosphorus recovery after incineration, in particular ash-based products, and considering that such products are already authorised in several Member States under national legislation. 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 as soon as possible 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 202 #
Proposal for a regulation
Recital 56
Recital 56
(56) Furthermore, it should be possible to react immediately to new findings regarding the conditions for CE marked fertilising products to be sufficiently effective and to new risk assessments regarding human, animal or plant health, safety or the environment, taking in to account assessments made by or in cooperation with authorities in the Member States. For that purpose, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend the requirements applicable to various categories of CE marked fertilising products.
Amendment 214 #
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, applied or intended to be applied, either on its own or mixed with another material, on plants or their rhizosphere or on fungi or their mycosphere, for the purpose of providing plants or fungi with nutrient or improving their nutrition efficiency;
Amendment 247 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
Amendment 266 #
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, in particular as regards the production of fertilisers from animal by-products and waste recovery materials taking in to account products and materials already authorised in Member States, and facilitating internal market access and free movement for CE marked fertilising products
Amendment 276 #
Proposal for a regulation
Article 42 – paragraph 1 – point a
Article 42 – paragraph 1 – point a
(a) which are likelyhave potential to be subject of significant trade on the internal market, and
Amendment 284 #
Proposal for a regulation
Article 42 – paragraph 1 a (new)
Article 42 – paragraph 1 a (new)
1a. The Commission shall come forward with a proposal for delegated acts, in accordance with the first subparagraph to amend the component material category set out in Annex II, to add animal by-products, struvite ash- based products and biochar to those component material categories, with specific focus on the technological progress which is being made in the recovery of nutrients. The first of those delegated acts shall be submitted no later than one year after the entry into force of this Regulation.
Amendment 295 #
Proposal for a regulation
Article 42 – paragraph 2 a (new)
Article 42 – paragraph 2 a (new)
2a. The Commission shall be empowered to adopt delegated acts in accordance with Article 43 with regard to setting out requirements for the safety evaluation of new micro-organisms for the purpose of paragraph 2. The first of these delegated acts shall be submitted no later than one year after the entry into force of this Regulation.
Amendment 312 #
Proposal for a regulation
Article 46 – paragraph 1 – point 2
Article 46 – paragraph 1 – point 2
Regulation (EC) 1107/2009
Article 3 – Point 34
Article 3 – Point 34
(3) "34. "plant biostimulant" means a product stimulating plant nutrition processes independently of the product's nutrient content with the sole aim of improving one or more of the following characteristics of the plant and the plant rhizosphere and phyllosphere:
Amendment 315 #
Proposal for a regulation
Article 46 – paragraph 1 – point 2 a (new)
Article 46 – paragraph 1 – point 2 a (new)
Regulation (EC) 1107/2009
Article 3 – Point 34 – point c a (new)
Article 3 – Point 34 – point c a (new)
(ca) degradation of organic compounds in the soil.
Amendment 316 #
Proposal for a regulation
Article 46 – paragraph 1 – point 2 b (new)
Article 46 – paragraph 1 – point 2 b (new)
Regulation (EC) 1107/2009
Article 3 – point 34 – point c b (new)
Article 3 – point 34 – point c b (new)
(cb) increase the availability of confined nutrients in soil and rhizosphere
Amendment 322 #
Proposal for a regulation
Article 46 a (new)
Article 46 a (new)
Regulation (EC) No 1907/2006
Annex V – point 12
Annex V – point 12
Article 46a Amendment to Regulation (EC) No 1907/2006 Point 12 in Annex V is replaced by the following: "12. Compost, biogas and digestate"
Amendment 326 #
Proposal for a regulation
Article 48 – paragraph 1 a (new)
Article 48 – paragraph 1 a (new)
Member States who already implemented a lower limit for cadmium for organo- mineral fertilisers and inorganic fertilisers, set out in Annex I, Part II, may maintain this stricter limit until the limit in this Regulation is equal or lower.
Amendment 426 #
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
- As of [Publications office, please insert the date occurring twelvnine years after the date of application of this Regulation]: 20 mg/kg phosphorus pentoxide (P2O5),
Amendment 508 #
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
- As of [Publications office, please insert the date occurring twelvnine years after the date of application of this Regulation]: 20 mg/kg phosphorus pentoxide (P2O5),
Amendment 601 #
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 developmentthe plant or fungi to grow in.
Amendment 631 #
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 organic compounds in the soil; or
Amendment 634 #
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 confined nutrients in the soil and rhizosphere
Amendment 638 #
Proposal for a regulation
Annex I – part 2 – PFC 6 – paragraph 3
Annex I – part 2 – PFC 6 – paragraph 3
3. The plant biostimulant shall have the effects that are claimed on the label for the cropsplant specified thereon.
Amendment 651 #
Proposal for a regulation
Annex I – part 2 – PFC 6 (A) – paragraph 13
Annex I – part 2 – PFC 6 (A) – paragraph 13
Amendment 668 #
Proposal for a regulation
Annex II – part 2 – CMC 2 – paragraph 1
Annex II – part 2 – CMC 2 – paragraph 1
1. A CE marked fertilising product may contain plants, plant parts or plant extracts having undergone no other processing than cutting, grinding, centrifugation, sieving, milling, pressing, drying, freeze- drying, buffering, extrusion, radiation, frost-treatment, sanitation by using heat or extraction with water.
Amendment 817 #
Proposal for a regulation
Annex III – part 2 – PFC 6 (A) – subparagraph 1 a (new)
Annex III – part 2 – PFC 6 (A) – subparagraph 1 a (new)
The shelf life of the microbial plant biostimulant shall be specified on the label.