Possible way forward for harmonised legislations on growing media, soil improvers and organo and organo-mineral fertilisers. Paris, 9 September 2009

Transcription

1 Possible way forward for harmonised legislations on growing media, soil improvers and organo and organo-mineral fertilisers Paris, 9 September 2009

2 Main Choices Legislative proposal to be adopted by codecision (ie. by Council and European Parliament ) Directive or Regulation Old approach or New Approach Use of the legislative toolbox as set in Decision 768/2008/EC on a common framework for the marketing of products

3 . New Approach legislation: general overview Operator: Directive Essential requirements Notifying Authorities CE Marking Notified body EN Standards

4 Advantages and drawbacks Old approach: + detailed list of authorised fertiliser types - Difficult to adapt to technical progress New approach: + Easier adaptation to technical progress + Independent conformity assessment before marketing - Essentials requirements need to be clear and practical.

5 Structure and content Subject matter and scope Definitions* Duties of manufacturers/importers/distributors* Duties of Member States* Notified bodies and conformity assessment procedures* CE marking (Regulation (EC) No 765/2008) or EC fertilisers Control measures (Provisions of Regulation (EC) No 765/2008) Sanctions Free movement clause* Safeguard clause* Adaptation of the annexes Annexes: Technical requirements * Model provisions are set in Decision 768/2008

6 Subject matter and scope 1. This Regulation establishes rules for the free movement of growing media, soil improvers etc.. on the internal market. 2. For this purpose the Regulation harmonises rules for: Technical requirements for growing media and Labelling of growing media and Packaging Controls

7 Definitions 1. Growing media means material other than soil in situ in which plants are grown what is included? (Peat etc + permitted additives?) what is excluded? (e.g. biocides, waste of animal origin, added nutrients, complexing agents? concerns for pathogens, plant diseases, invasive weed species, insect pests) 2. Manufacturer Cf Decision (EC) 768/ etc

8 Duties of manufacturers, importers, distributors, 1. They shall be established within the Community 2. They shall be responsible for the conformity with the Regulation 3. They shall keep records to demonstrate compliance with the Regulation

9 Duties of Member States 1. Member States shall appoint the competent authority for managing the regulation 2. Member States shall notify approved laboratories for testing (EN ISO/IEC 17025) 3. They shall ensure market surveillance (765R2008)

10 Labelling requirements 1. The words EC GROWING MEDIUM 2. Name and trade mark of the product 3. Name and address of the party responsible for placing the product on the market 2. The packaging shall indicate the content in accordance with Annex II 3. The packaging shall indicate the intended use. 4. Labelling in national languages where required by Member States

11 Control measures 1. Member States may subject growing media marked EC GROWING MEDIUM and to official controls 2. Member States may not charge fees exceeding the cost of test, and may not oblige manufacturers to pay for repeat tests. 3. Conformity testing shall be carried out only in accordance with EN Stds (Annexed or published on a webpage of the Commission)

12 Sanctions 1. Member States shall lay down rules on administrative sanction or penal procedure 2. Penalties must be effective, proportionate and dissuasive

13 Free movement clause 1. Member States shall not, on grounds covered by this Regulation, prohibit, restrict or hinder the placing on the market of growing media marked EC GROWING MEDIUM which comply with this Regulation. 2. Growing media marked EC GROWING MEDIUM shall circulate freely within the Community

14 Safeguard clause 1. A Member States may temporarily prohibit the placing on the market of an EC growing medium if it constitutes a risk to human health or the environment. 2. The Member State shall inform the Commission. 3. The Commission shall adopt a decision within 90 days

15 Adaptation of the annexes 1. Proposals for changes (with exception to the essential requirements of Annex I) are made by the Commission after consultation of Member States and Industry 2. Typical changes would be the introduction of: new types of EC growing media, permitted additives new or revised methods of analysis, revision of labelling requirements 3. Committee consists of Member States 4. Voting is by qualified majority proposed changes are scrutinized by Council and European Parliament

16 Annex I: either list of essential requirements (New Approach) Revision by co-decision General environmental quality criteria ( max values for contaminants, compliance of the product with the minimum nutrient content indicated on the label, ) Agronomical criteria

17 Annex I: List of types of EC growing media Type 1: Peat Permitted type and origin of starting material Minimum dry matter (weight percent) Minimum organic matter (weight percent of dry matter) Permitted range of ph values (CaCl 2 ) Permitted range of conductivity in ms/m Permitted range of salt content in g/l etc Type 2: (to be adopted later by committee procedure) Type 3: etc

18 Annex II: Permitted additives 1. Inorganic fertilisers (e.g. EC fertilisers) 2. Organic fertilisers (?) 3.?

19 Legislative procedure : 3 years Consultation of stakehoders Preparation of the IA and draft measure Adoption by the Commission Presentation to the European Parliament and the Council Adoption by the European Parliament and the Council after debates and amendments To follow the legislative process: ments/specific-chemicals/fertilisers/index_en.htm

20 Conclusions Harmonised legislation for growing media, soil improvers, organo-mineral: is feasible (CEN standards exist) could be modeled on existing legislation for fertilisers (Regulation 2003/2003)or based on the new approach type legislation Simplification for economic operators who faced different national rules and Member States in view of their increased responsibilities under the Mutual Recognition Regulation