EUROPEAN COMMISSION
ENTERPRISE AND INDUSTRY DIRECTORATE-GENERAL
Chemicals, metals, mechanical, electrical and construction industries; Raw materials
Chemicals - Classification & Labelling, Specific Products, Competitiveness
Brussels, 29 May 2012
ENTR G2/KB D(2011)
NOTE TO THE MEMBERS OF WORKING GROUP 4 (LABELLING, ENFORCEMENT AND
CONTROL)
Thought starter – Methods of analysis, tolerances and traceability requirements
1.
INTRODUCTION
WG 4 Members are invited to comment this thought starter document, which has been
prepared in view of the next meeting. Please make use of the WG 4 CIRCA newsgroup for
your suggestions. During your reflections, please bear in mind that analytical results aims at
providing the necessary information to farmers to opt for the most suitable fertilization and
helps the enforcement by Competent Authorities.
This document might eventually serve as a basis for the preparation of a mandate to CEN for
the development of analytical methods for the control of inorganic and organic fertilisers,
soil improvers (SI)1 and growing media (GM). No method of analysis for the compliance
check of plant biostimulants is described in this document as so far no specific quality
parameters have been defined by WG 2.
As this document refers to the various product categories, WG 4 members are invited to
consult the thought starter for the WG 1 meeting of 13 June 2012 where definitions for those
product categories are proposed.
2.
MINIMUM
NUTRIENT
FERTILISERS
CONTENT
AND
LABELLING
REQUIREMENTS
FOR
The setting of minimum nutrient content criteria would be a proxy of the intrinsic agronomic
value of the final fertilisers and would underpin the legal definition of fertilisers and related
materials. WG 2 supports the setting of minimum nutrient content criteria for inorganic
1
This category includes liming materials, organic soil improvers and soil conditioner as defined in the
though starter document for the meeting of WG 1 on 13 and 14 June 2012
Commission européenne, B-1049 Bruxelles / Europese Commissie, B-1049 Brussel - Belgium. Telephone: (32-2) 299 11 11.
Office: BREY 11/254. Telephone: direct line (32-2) 299 48 60. Fax: (32-2) 295 02 81.
E-mail: klaus.berend@ec.europa.eu
fertilisers and organic fertilisers, in particular also to differentiate the latter from organic soil
improvers.
The provisional criteria discussed by WG 2 are the following:
Inorganic fertiliser*
Organic fertiliser*
Organic soil
improver
Organic matter
content
on dry matter
0%
No limit but the
organic matter
content must be
declared
Min. 15% or 20%
Minimum
nutrient content
on dry matter
(individual value
qualifies the
product as a …
N total 2%
P2O5 total 1.0%
K2O total 1.5%
N total 1.5% or 1%
P2O5 total 0.5%
K2O total 0.75%
No minimum limit
would be defined but
the presence of
nutrients shall be
declared
(*) in principle valid for fluid and solid fertilisers (to be confirmed)
WG 4 should check whether the analytical methods proposed in the following sections are
appropriate for the control of the abovementioned requirements in particular for the rather
low nutrient content limits proposed by WG 2.
2.1.
Declaration of nutrients in inorganic and organic fertilisers
2.1.1.
Nitrogen in inorganic fertilisers
During its first meeting, WG 4 agreed to simplify the forms of nitrogen to be declared for
inorganic fertilisers compared to the current rules by proposing to declare the following
forms:
Forms of nitrogen in inorganic
fertilisers if present (percentage
on the product as received)
Determination method
Total nitrogen
EN 157502 suitable for all forms of nitrogen including
urea formaldehyde condensates but not for cyanamide
nitrogen. EN 156043 covers all individual forms of
nitrogen present in the fertiliser including cyanamide
Nitric nitrogen
Determined on the basis of the calculation [nitric and
ammoniacal nitrogen according to Devarda (EN 15476)]
2
This European Standard specifies two different methods (Methods A and B) for the determination of the total
nitrogen content in fertilizers. Method A specifies the titrimetric method after distillation according to ISO
5315:1984. Method B specifies a method by reduction of nitrate with iron and tin(II)-chloride.
3
this standard specifies a method for the determination of any of the nitrogen forms present.
2
minus ammoniacal nitrogen (EN 15475)
Ammoniacal nitrogen
EN 15475
Ureic nitrogen
EN 15604
WG 4 should agree whether EN 15750 or EN 15604 should be used to determine the total
nitrogen content in inorganic matrices.
Are the methods listed above appropriate for any combination of inorganic fertilisers with
other groups of products (organic fertilisers, liming materials, organic soil improvers, soil
conditioners)?
2.1.2.
Nitrogen in organic fertilisers
WG 2 agreed that the following forms of nutrients shall be declared for organic fertilisers:
Forms of nitrogen in organic
fertilisers if present
(percentage on the product as
received)
Determination method
Total nitrogen
[N total] = [Total Kjeldahl Nitrogen4 described in
AOAC5 955.04] + [Nitric nitrogen]
or
Italian Norm UNI 10780
Organic nitrogen + the origin of [N Organic]=[Total Kjeldahl Nitrogen – Ammoniacal N
the organic fraction6
– Ureic N]
Ammoniacal nitrogen
AOAC 920.03 (Magnesium Oxide method suggested by
University of Bologna). Not applicable in presence of
Urea
Nitric nitrogen
AOAC 930.01
Ureic nitrogen
AOAC 2003.14 (HPLC method)
According to some experts, the organic nitrogen content can only be determined on the basis
of a calculation ([N total] – [N ammoniacal and ureic N]). However, as the organic nitrogen
fraction would be partly soluble in water, the presence of other only partly water-soluble
products such as urea formaldehyde condensates could interfere.
4
TKN
AOAC stands for Association of Analytical Communities. More info on:
http://www.aoac.org/about/History.htm
6
WG 2 also agreed that the origin of the organic nitrogen should be labelled, as for example nitrogen from
animal blood is quickly released compared to nitrogen from other organic matter.
5
3
WG 4 is invited to confirm that the analytical methods proposed in the table above are
appropriate for the compliance check of the various nitrogen forms in organic fertilisers.
Are there possible interferences between nutrients and organic matter that could lead to an
over- or underestimation of the nutrient content?
WG 4 should give its opinion on whether the declaration of the origin of the organic
nitrogen would be an alternative to the determination of the kinetics of nitrogen release or
whether alternatively, a classification system for the kinetics of nitrogen release could be
established (slow to rapid nitrogen release, as done in FR and PT).
2.1.3.
Phosphorus in inorganic fertilisers
WG 4 agreed to retain the following forms for the declaration of phosphorus where
appropriate:
Forms of phosphorus in
Extraction method
inorganic fertiliser
(percentage on the product as
received)
Total phosphorus
EN 15956
Water-soluble phosphorus
EN 15958
Determination method
EN 15959
P2O5 content soluble in weak EN 15919
acid (formic acid7)
P2O5 content soluble in neutral EN 15957
ammonia citrate8
2.1.4.
Phosphorus in organic fertilisers
WG 4 could not yet find a consensus about the forms of phosphorus to be declared for
organic fertilisers. Nevertheless, the following forms were discussed:
Forms of phosphorus in
Extraction method
organic fertiliser matrices
(percentage on the product as
received)
Total phosphorus
Determination method
EN 15956
EN 15959
Phosphorus content soluble in EN 15956
strong acid
From an analytical point of view both forms are identical.
WG 4 is invited to further reflect on whether other forms than total phosphorus should be
declared on the label of organic fertilisers?
7
8
The solubility in formic acid was favoured by more participants as it will cover a broader range of products
At the request of EU countries with alkaline soils
4
2.1.5.
Declaration of potassium, calcium, magnesium, sodium and sulphur
content in inorganic and organic fertilisers.
At the last meeting, WG 4 agreed to the position of WG 2 to retain only the declaration of
water-soluble forms of K, Ca, Mg, Na and S for inorganic fertilisers and that no difference
should be made for organic fertilisers.
Forms of K, Ca, Mg, Na
and S in fertilisers
(percentage on the
product as received)
Extraction method
Determination method
Water-soluble potassium
EN 15477
EN 15477
Water-soluble magnesium
EN 15961
Method 8.7 of Annex IV to
Regulation
(EC)
No
2003/2003
Water-soluble sulphur
EN 15961
EN 15749
Water-soluble sodium
EN 15961
Method 8.10 of Annex IV to
Regulation
(EC)
No
2003/2003
Water-soluble calcium
EN 15961
Method 8.6 of Annex IV to
Regulation
(EC)
No
2003/2003
WG 4 is asked to reflect whether the analytical methods mentioned above are appropriate
for organic fertilisers?
If these methods are not deemed appropriate, WG 4 is asked to identify specific national or
international methods which are used by the Member States and/or industry.
According to some experts, dolomite is often added to inorganic or organic fertilisers to
maintain the soil magnesium content. The magnesium content from dolomite is not watersoluble and some experts suggested adding the declaration of the total magnesium content to
the list above. However, the list of criteria for liming materials already foreseen the
determination of the total magnesium content. WG 4 should reflect on whether it is
necessary to add the total magnesium content in the list above when this requirement is
already foreseen for liming fertilisers.
2.1.6.
Declaration of micro-nutrients
The declaration of the water-soluble content of micro-nutrients was largely supported by
WG 4. The methods mentioned in the table below are the methods listed in Annex IV of
Regulation (EC) No 2003/2003 for the determination of micro-nutrients. CEN is in the
process of transforming the analytical methods that operate with modern instrumental
methods into EN Standards. If deemed appropriate by CEN, some old chemical methods
(highlighted in yellow in the table below) could also be transformed into EN Standards.
Forms of micronutrients in inorganic
Extraction method
5
Determination method
and organic fertilisers
(percentage on the
product as received)
Water-soluble B
Water-soluble Co
Water-soluble Cu
Water-soluble Fe
Water-soluble Mn
Water-soluble Mo
Water-soluble Zn
Method 9.2 nutrient < 10%
Method 9.4 or 9.5
Method 10.2 nutrient >10%
Method 10.4 or 10.5
Method 9.2 nutrient < 10%
Method 9.4 or 9.6
Method 10.2 nutrient >10%
Method 10.4 or 10.6
Method 9.2 nutrient < 10%
Method 9.4 or 9.7
Method 10.2 nutrient >10%
Method 10.4 or 10.7
Method 9.2 nutrient < 10%
Method 9.4 or 9.8
Method 10.2 nutrient >10%
Method 10.4 or 10.8
Method 9.2 nutrient < 10%
Method 9.4 or 9.9
Method 10.2 nutrient >10%
Method 10.4 or 10.9
Method 9.2 nutrient < 10%
Method 9.4 or 9.10
Method 10.2 nutrient >10%
Method 10.4 or 10.10
Method 9.2 nutrient < 10%
Method 9.4 or 9.11
Method 10.2 nutrient >10%
Method 10.4 or 10.11
WG 4 should discuss whether the Atomic Absorption Spectroscopy method mentioned
above under methods 9.4 and 10.4 could be used for the determination of micro-nutrients in
organic fertilisers.
Are there appropriate methods for the determination of micro-nutrient fertilisers in soil
improvers and growing media?
2.1.7.
Micro-nutrient chelates in inorganic and organic fertilisers
At the first meeting, WG4 agreed to keep the existing rules for chelated micro-nutrients.
However, the availability of CEN analytical methods seems to be problematic according to
certain participants as the current EN standard titles are creating the belief that the
determination of chelated forms of micronutrients is limited to iron.
WG4 agreed also to keep the existing rules for complexed micro-nutrients.
CEN is invited to check whether the analytical methods listed in Annex IV of the Fertilisers
Regulation for chelated micro-nutrients are deemed to cover all the micronutrients or only
iron chelates. A change in the titles of certain EN standards might consequently be required
(EN 13368-1 and EN 13368-2).
WG 4 is invited to propose appropriate analytical methods for the detection of micronutrient chelates in organic fertilisers, soil improvers and growing media if appropriate.
6
3.
LABELLING REQUIREMENTS FOR ORGANIC SOIL IMPROVERS
The analytical methods mentioned above do not have SI in their scopes. Therefore CEN
TC/223 has developed specific methods for SI.
WG 2 agreed that the following criteria shall be declared for organic soil improvers:
Quality criteria for organic Determination method
soil improvers (on the product
as received)
pH
EN 13037
Organic matter content (%)
EN 130399
Total nitrogen (%)
EN 13654-110 or EN
13654-2
Total phosphorus (%)
EN 13650
Total potassium (%)
EN 13650
Dry matter content (%)
EN 13040
Electric conductivity (optional) EN 13038
(mS/m)
A separate description of the method of extraction is not required as the appropriate method
is specified in the relevant determination standard.
WG 4 should discuss whether the analytical methods mentioned above are appropriate.
4.
LABELLING REQUIREMENTS FOR LIMING MATERIALS
WG 2 agreed that the following criteria shall be declared:
Quality criteria for
liming materials (on the
product as received)
Determination method
Comments
Neutralising value
EN 12945
Fineness
EN 12948
A minimum neutralising
value of 15% should be set
For all natural limes and
oxide and hydroxide lime
of natural origin - optional
Soil improvers and growing media – Determination of organic matter content and ash at 450 +/-25°C.
Organic matter is determined by calculation: (100%-ash)=organic matter.
10
EN 13654-1 is the most commonly used for SI according to EPAGMA
9
7
Total calcium (% CaO)
EN 13475 (Oxalate)
EN 12946 (Complexometry)
Total
MgO)
magnesium
(% EN 12947 (AAS)
EN 12946 (Complexometry)
Reactivity (%)
EN 16357 (in citric acid)
For all natural limes –
optional
WG 4 should confirm that the standards listed above are appropriate for the control of the
compliance of liming materials with the corresponding quality criteria.
5.
LABELLING REQUIREMENTS FOR GROWING MEDIA (GM)
WG 2 suggested that for growing media the following parameters be determined at the time
of manufacturing as the stability of the end-product properties cannot be ensured over time.
The technical Committee for soil improvers and growing media (CEN/ TC 223) has been
working on an 'aerobic biological activity' test which might be appropriate to test the
maturity of compost.
Quality criteria for
growing media (at the
time of manufacturing)
Determination method
Comments
Electric conductivity
(mS/m)
EN 13038
Measured at the time of
manufacture. Tolerance :
+/- 50%
pH
EN 13037
Tolerance : +/- 0.5
The tolerance mentioned
in the table refer only to
the analytical methods
Quantity by volume (litres EN 12580
or m³)
Tolerance : -5% for
individual units within a
batch at the time of
manufacture and 0% for the
whole batch at the time of
manufacture
Quantity
(volume) EN 15238
determination of materials
with particle size greater
than 60 mm (for very
coarse SI such as mulches
(e.g. bark)
Tolerance : -5% for
individual units within a
batch at the time of
manufacture and 0% for the
whole batch at the time of
manufacture
Quantity
determination
Tolerance : -5% for
individual units within a
(volume) EN 15761
of
pre8
shaped GM (e.g. mineral
wool slabs)
batch at the time of
manufacture and 0% for the
whole batch at the time of
manufacture
Total nitrogen (mg/l)
EN
13651
(Calcium Optional
11
Chloride/DTPA
or CATmethod) or EN 13652 (watersoluble method)
Total phosphorus (mg/l)
EN 13651 or EN 13652
Optional
Total potassium (mg/l)
EN 13651 or EN 13652
Optional
Total pore space (% by EN 13041
volume at a given pressure)
Optional
Water volume (% by EN 13041
volume at a given pressure)
Optional
Air volume (% by volume EN 13041
at a given pressure)
Optional
Shrinkage (% by volume)
Optional
EN 13041
WG 4 should confirm the scope of EN 13651 and EN 13652 as it seems that those methods
are not appropriate for the determination for the total nutrient content. Would EN 13650 be
more appropriate (extraction in strong acid)
6.
Sampling
methods
SAMPLING METHODS
Inorganic
fertilisers Organic fertilisers
and liming materials
Soil improvers (including
organic soil improvers
and soil conditioners)
and growing media
EN 1482-1
EN 12579
?
Sampling of WI
00260140
static heaps
(codification for a
standard
in
development)
11
Diethylenetriaminepentaacetic acid
9
Sample
preparation
methods
EN 1482- 2
?
EN 13040
WG 4 should confirm the sampling standards proposed for growing media and soil
improvers (i.e. organic soil improvers and soil conditioners as defined in the thought starter
document for WG 1).
Can WG 4 confirm that the sampling methods for soil improvers and growing media can
also apply to organic fertilisers or whether specific methods should be developed?
7.
7.1.
MAXIMUM CONTAMINANT CONTENT
Non-nutrient metals
CEN has developed or is developing several analytical methods for the determination of
non-nutrient metals for inorganic fertilisers, soil improvers and growing media. There is
currently not yet full agreement on the acceptable maximum limits - the range of maximum
limit values under discussion in WG 3 is indicated in the table below:
Proposed
Inorganic
maximum limit fertilisers
value
(mg/kg
d.m)
Liming
materials
Organic
fertilisers
Soil improvers
and growing
media
Arsenic
30 - 60
CEN/TS
16317
?
?
EN 13650
Cadmium
1.5 - 3
EN 14888 or
?
CEN/TS 16319
?
EN 13650
CEN/TS
16318
?
n.a
n.a12Cr (VI) is
not
relevant
for
organic
fertilisers.
Chromium 2
(VI)
Lead
120 – 190
CEN/TS
16319
?
?
EN 13650
Mercury
1-2
CEN/TS
16320
?
?
EN 13650
Nickel
40 – 120
CEN/TS
16319
?
?
EN 13650
12
Cr (VI) is not relevant for organic based fertilisers as Cr 6+ is reduced to Cr3+ in the presence of fresh organic
matter.
10
Liming materials have a high pH value. Therefore the extraction method for the
determination of heavy metals in lime should ensure that total extraction is achieved.
WG 4 and or CEN should confirm that the detection limits of the standards listed are
compatible with the maximum limit values discussed by WG 3.
Can WG 4 suggest methods for organic fertilisers?
Which method could be recommended for mixtures of fertilisers?
WG 4 should decide whether extraction in aqua regia is appropriate for liming materials.
7.2.
Micro-nutrient metals
WG 3 considered that maximum limit values should be set only for products in which
copper, zinc and selenium are not intentionally added. Therefore the determination of traces
of copper, zinc and selenium should be limited to straight liming materials, organic
fertilisers, soil improvers and growing media
Proposed maximum
limit values (EoW
criteria JRC-Ispra mg/kg d.m)
Liming
Organic fertilisers
materials from
by-products of
the
steel
industry
Organic
soil
improvers and
growing media
Copper
100
ICP-OES.
VDLUFA
method II.10 –
8.10
micronutrients
?
EN 13650
Zinc
400
ICP-OES.
VDLUFA
method II.10 –
8.10
micronutrients
?
EN 13650
Hybrid AAS.
VDLUFA
method 2.1.1.2
?
ISO N 373 ?
Selenium 15 (Finland)
Can WG 4 suggest or confirm standards for the determination of Cu and Zn as contaminants
in the product categories mentioned in the table above?
WG 4 is also invited to discuss whether the appropriate analytical methods for Se are
appropriate.
7.3.
Organic contaminants
WG 3 suggested the following range of maximum limit values for the organic pollutants
listed below.
11
Proposed
maximum Organic
limit values
fertilisers
Organic
soil
improvers
and
growing
media
(depending on the
source of the input
materials)
PCBs
0.1 – 0.2 mg/kg d.m ?
(sum of 6 congeners –
28,52,101,138,153,180)
Fpr
EN
16167determination
of
PCBs
by
gas
chromatography
PCDD/Fs
20 – 30 ng WHO - ?
TE/kg d.m toxicity
equivalent of 2-,3-,7-,8TCDD
Fpr EN 16190 –
determination
of
dioxins and furans
and
dioxin-like
polychlorinated
biphenyl
by gas
chromatography
PAHs
6 mg/kg d.m (sum of 6 ?
congeners13)
Fpr
EN
16181determination
of
polycyclic aromatic
carbons
by
gas
chromatography
Or
VDLUFA VII 3.3.3
(16
congeners
including
the
congeners mentioned
in footnote 13)
WG 4 is invited to suggest standards for the determination of PCBs, PCDD/Fs and PAHs in
the categories of products listed in the table above or whether the suggested methods are
appropriate?
Inorganic fertilisers are in principle not concerned. However, WG 4 should reflect on
whether Thomas slag (inorganic fertiliser as by-product of the steel industry) should also be
tested for the presence of PCBs, PCDD/Fs or PAHs as mentioned during the last meeting of
WG 2.
How many congeners should be determined for PCDD/Fs?
13
Benzo(a)pyrene, benzo(b)fluoranthene, benzo(k)fluoranthene, benzo(g,h,i) perylen, fluoranthene, indeno(1,2,3-c,d)pyrene.
12
Can WG 4 also suggest relevant analytical methods for the identification of possible
marker(s) (e.g. benzo(a) pyrene for PAHs) for the categories of products listed in the table
above?
7.4.
Pathogens
WG 3 agreed that microbiological standards for microbial pathogens should be set for
organic fertilisers, soil improvers and growing media.
Proposed maximum Organic fertilisers
limit values
Soil improvers
growing media
Salmonella
Absence
sample
ISO 6579
E.Coli
1000 CFU/g
ISO 11866-2
ISO 11866-2
Enterococcae
1000 CFU/g
EN ISO 7899-1
EN ISO 7899-114
in
25
g ISO 6579
and
WG 4 is invited to confirm that the methods mentioned above are appropriate for organic
fertilisers, soil improvers and growing media?
7.5.
Plant propagules
The EoW criteria for biowaste suggest a limit value of 2 viable weed seeds/liter of organic
soil improver. TC 223 needs to work on revising the horizontal standard mentioned below.
Proposed
maximum Organic fertilisers
limit values
Plant
propagules
2 viable weed seeds
FprCEN /TS 1620115
Soil improvers
growing media
and
FprCEN /TS 16201
WG 4 should consider whether FprCEN/TS 16201 is appropriate for the determination of
viable plant seeds in soil improvers, growing media and organic fertilisers.
7.6.
Inert materials and impurities
At the last meeting of WG 3, FEAD proposed the determination of physical impurities
Proposed
maximum Organic fertilisers
limit values
Soil improvers
growing media
Glass > 2mm
14
15
Enterococceae are not routinely analysed in growing media. E.Coli is standard
Sludge, treated biowaste and soil – determination of viable plant seeds and propagules
13
and
Stone
Metal
residues
2mm
>
All kind of
plastic
residues
>
5mm
This requirement is awaiting the results of the discussions on the End of Waste criteria,
which are under development by the Commission (DG JRC). If only certain source-separate
waste streams will become eligible to limit the number of contaminants, a requirement for
inert materials might become obsolete.
8.
RECORD KEEPING
8.1. Verification of compliance after the placing on the market
Article 29 of Regulation (EC) No 2003/2003 specifies that compliance with the provisions
of the Regulation may be verified only by means of sampling and analysis methods
established in accordance with Annex III and IV and taking into account the tolerances of
Annex II.
However, the provisions of the current Regulation are less prescriptive as regards the type of
records to be maintained by producers to allow verification of the compliance of products by
market surveillance authorities. The frequency with which tests need to be repeated, as well
as measures that are designed to ensure that the fertiliser put on the market is identical with
the fertiliser tested are not detailed.
As a remedy to this loophole, the future legislation could describe the frequency of controls
in relation to the volume of material produced and the type of analysis as described in the
table below as an example for soil improvers:
Type of analysis
Tonnage band for organic soil improvers
0 to 350 t/year 350 to 3500 t/year 3500 to 7000t/year Above 7000 t/year
2/year
3/year
4/year
4/year
1/year
2/year
3/year
4/year
Declared nutrients
Heavy metals
Organic
contaminants
1/year
Pathogens
1/year
Inert and impurities
1/year
(Source French norm NF U 44-051)
1/year
2/year
2/year
1/year
3/year
2/year
2/year
4/year
3/year
Which type of records (e.g. registration of input materials, full traceability during the
production process of the ingredients used, frequency of controls by the operators…) should
be kept by manufacturers/ importers for inspection?
14
Are the proposed frequencies of testing proposed in the table above appropriate for soil
improvers?
Should these measures apply in a similar way across the various product categories (not only
for SI)? Do we need to be more or less strict in the frequency of controls for other
categories?
8.2.
Report for products presenting serious risks – safeguard clause
In 2004, the RAPEX system for information about dangerous products was created when the
revised General Product Safety Directive came into force. This system has proved its
effectiveness and efficiency in the field of consumer product safety.
The new framework for market surveillance established by Regulation (EC) No 765/2008
foresees in its Article 22 the establishment of a rapid exchange information system about
products presenting serious risks and makes a direct reference to the RAPEX system.
However, the Regulation specifies that the system should be extended to:
– all products covered by EU laws whether they are consumer products or products
intended for professional uses.
– Risks to public interests covered by any relevant EU legislation (e.g. the environment,
the security at the workplace, the consumption of energy etc.).
Therefore, the new GRAS-RAPEX system will include those changes and the future
legislation on fertilisers could refer to this platform for information exchange about products
posing serious risks.
Article 15 (safeguard clause) of Regulation (EC) No 2003/2003 obliges Member States to
inform the Commission about any restrictive measure they intend to take for fertilisers that
although complying with the provisions of the current legislation, present serious risks. In
order to ensure that the Member States are informed of the real emergency situation for the
safety of products, the new GRAS-RAPEX could be an appropriate tool for Member States
notifications in relation with the safeguard clause.
8.3.
Report for non-complying products that do not present serious risks and/or
non-performing products
Article 23 of Regulation (EC) No 765/2008 requires the Commission to develop and
maintain an IT tool for the purposes of the general exchange of information between
Member States and the Commission relating to market surveillance activities.
The ICSMS16 database should contain information on the controls performed by the
Member States to verify the compliance of the fertilisers placed on the market. Nonconformities should be reported in this database.
For non-performing products (namely products that although complying with the quality
criteria mentioned above may be regarded as ineffective), the ICSMS platform could also be
an appropriate tool for the exchange of information between Member States.
16
The internet-supported information and communication system for the pan-European market surveillance.
15