Safe and effective fertilising products on the EU market

SUMMARY OF:

Regulation (EU) 2019/1009 – laying down rules on the making available on the market of EU fertilising products

WHAT IS THE AIM OF THE REGULATION?

It opens the European Union (EU) single market for fertilising products which previously had not been covered by harmonisation rules, such as organic* and organo-mineral fertilisers*, soil improvers*, inhibitors*, plant biostimulants* or growing media*.
It lays down common rules on safety, quality and labelling requirements for fertilising products.
It introduces limits for toxic contaminants for the first time. This guarantees a high level of soil protection and reduces health and environmental risks, while allowing producers to adapt their manufacturing process to comply with the new limits.
It maintains optional harmonisation, as it does not prevent non-harmonised fertilising products from being made available on the internal market in accordance with national law and the general free-movement rules.
The latest consolidated version of the regulation incorporates five amendments adopted by the European Commission by means of delegated acts. These update the regulation’s annexes, either to adapt them to technical progress or to add component materials.

KEY POINTS

Scope

The regulation covers seven categories of fertilising products, namely:

fertilisers, including:
- inorganic fertilisers,
- organo-mineral fertilisers, and
- organic fertilisers;
soil improvers;
liming materials;
growing media;
inhibitors;
plant biostimulants; and
fertilising product blends.

It does not apply to:

animal by-products or derived products which are subject to the requirements of Regulation (EC) No 1069/2009 when made available on the market;
plant protection products covered by the scope of Regulation (EC) No 1107/2009 (see summary).

The rules apply to the design, manufacture and placing on the market of EU fertilising products. The regulation does not apply to the use or the method of application of the EU fertilising products.

Requirements

The regulation sets out rules for EU fertilising products carrying the CE marking, including requirements for:
- maximum levels of contaminants and pathogens (disease-causing microorganisms);
- minimum content of nutrients and other relevant characteristics depending on the category of the product;
- labelling.
Testing of the conformity of EU fertilising products must be performed in a reliable and reproducible manner.

Free movement

EU Member States cannot restrict the free movement of EU fertilising products for reasons relating to composition, labelling or other aspects covered by this regulation, if those products comply with this regulation’s rules.
Member States can maintain or adopt rules relating to human health and the environment (which comply with the EU treaties) which concern the use of EU fertilising products, as long as they do not require products that comply with EU rules to be modified or influence the conditions for making them available on the market.

The Commission has adopted several delegated acts to amend or supplement the regulation:

Regulation (EU) 2022/1519 setting out the requirements applying to EU fertilising products containing inhibiting compounds and the post processing of digestate;
Regulation (EU) 2022/1171 amending Annexes II, III and IV for the purpose of adding recovered high purity materials as a component material category in EU fertilising products;
Regulation (EU) 2022/973 laying down criteria on agronomic efficiency and safety for the use of by-products in EU fertilising products;
Regulation (EU) 2021/2088 amending Annexes II, III and IV for the purpose of adding pyrolysis and gasification materials as a component material category in EU fertilising products;
Regulation (EU) 2021/2087 amending Annexes II, III and IV for the purpose of adding thermal oxidation materials and derivates as a component material category in EU fertilising products;
Regulation (EU) 2021/2086 amending Annexes II and IV for the purpose of adding precipitated phosphate salts and derivates as a component material category in EU fertilising products; and
Regulation (EU) 2021/1768 amending Annexes I, II, III and IV for the purpose of its adaptation to technical progress.

Repeal

Since 16 July 2022, Regulation (EU) 2019/1009 has replaced and repealed Regulation (EC) No 2003/2003, which concerned, in particular, inorganic fertilisers.

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 16 July 2022.

BACKGROUND

For further information, see:

Chemicals legislation (European Commission).

KEY TERMS

Organic fertilisers. Materials of animal or plant origin used to feed plants; they may be made out of manure, guano, compost and residues of biogas production.

Organo-mineral fertilisers. Materials of animal, plant and mineral origin used to feed plants.

Soil improvers. Materials improving the soils’ quality and properties.

Inhibitors. Materials added to a fertiliser to slow down the release of nitrogen and thus avoid nitrogen losses.

Plant biostimulants. Materials improving the nutrition processes of crops, in particular by improving how efficiently they use nutrients and their resistance to environmental conditions.

Growing media. Materials other than soil in which plants grow.

MAIN DOCUMENT

Regulation (EU) 2019/1009 of the European Parliament and of the Council of 5 June 2019 laying down rules on the making available on the market of EU fertilising products and amending Regulations (EC) No 1069/2009 and (EC) No 1107/2009 and repealing Regulation (EC) No 2003/2003 (OJ L 170, 25.6.2019, pp. 1–114).

Successive amendments to Regulation (EU) 2019/1009 have been incorporated in the original text. This consolidated version is of documentary value only.