The Fertilisers (Amendment) Regulations 1998

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend further the Fertilisers Regulations 1991 (“the principal Regulations”) and implement:

• Directive 97/63/EC of the European Parliament and of the Council (OJ No. L335, 6.12.97, p.15) amending Directives 76/116/EEC, 80/876/EEC, 89/284/EEC and 89/530/EEC on the approximation of the laws of the Member States relating to fertilisers; and

• Commission Directive 98/3/EC (OJ No. L18, 23.1.98, p.25) adapting to technical progress Council Directive 76/116/EEC on the approximation of the laws of the Member States relating to fertilisers.

The principal changes effected by the Regulations are as follows:

(a) the substitution, for the controls in the principal Regulations on the use in relation to fertilisers of the term “EEC fertilisers”, of corresponding controls on the use of the term “EC fertilisers” (regulations 5 and 7(a) and Schedule 1 Part I), subject to transitional provisions for EEC fertilisers applicable before 1st January 1999 and, in specified circumstances, after that date (regulation 8);

(b) the making of consequential amendments in respect of fertilisers in relation to which neither the term “EEC fertilisers” nor the term “EC fertilisers” has been used (regulation 6 and Schedule 1 Part II);

(c) the prohibition of the use of the term “EEC fertiliser” save in specified circumstances (regulation 4); and

(d) the amendment (with effect from 1st January 1999) of Schedule 1 to the principal Regulations (which relates to prescribed descriptions of material, meanings of names, particulars and information to be contained in the statutory statement and limits of variation) as regards fertilisers specified in the Table to that Schedule, by specification of additional fertilisers which may be designated as “EC fertilisers”.