Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers (Text with EEA relevance)
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There are outstanding changes by UK legislation not yet made to Regulation (EC) No 2003/2003 of the European Parliament and of the Council. Any changes that have already been made to the legislation appear in the content and are referenced with annotations.
1.Where [F1the appropriate authority] has justifiable grounds for believing that a specific [F2UK fertiliser], although satisfying the requirements of this Regulation, constitutes a risk to safety or health of humans, animals or plants or a risk to the environment, [F3nothing in this Regulation prevents the appropriate authority from using any power the appropriate authority has to] temporarily prohibit the placing on the market of that fertiliser in its territory or make it subject to special conditions. [F4Except in the case of a decision in respect of ammonium nitrate fertilisers of high nitrogen content where the decision is outside devolved competence, the appropriate authority shall immediately inform the other appropriate authorities, giving the reasons for the decision.]
[F52.The Secretary of State may, by regulations, in relation to a fertiliser which has been temporarily prohibited from the market under paragraph 1:
(a)amend Annex 1 to impose special conditions in relation to the fertiliser, or
(b)remove the fertiliser from Annex 1.
2A.Regulations under paragraph 2 must be made as soon as reasonably practicable—
(a)after the date of receipt of the information referred to in paragraph 1, or
(b)where there is no such information, after the date on which the temporary prohibition begins or special conditions are imposed, as the case may be.
2B.Except in the case of a decision in respect of ammonium nitrate fertilisers of high nitrogen content where the decision is outside devolved competence, if a decision is made not to make regulations under paragraph 2, the Secretary of State must immediately inform the other appropriate authorities. After the date of a decision not to make regulations under paragraph 2, the prohibition or special conditions imposed under paragraph 1 no longer have effect.]
3.The provisions of this Regulation shall not preclude the taking of measures by the [F6appropriate authority] which are justified on grounds of public security to prohibit, restrict or hinder the placing on the market of [F7UK fertilisers].
Textual Amendments
F1Words in Art. 15(1) substituted (31.12.2020) by The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/601), regs. 1(2), 5(10)(a)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Regulation substituted (31.12.2020) by The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/601), regs. 1(2), 5(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 15(1) substituted (31.12.2020) by The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/601), regs. 1(2), 5(10)(a)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 15(1) substituted (31.12.2020) by The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/601), regs. 1(2), 5(10)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F5Art. 15(2)-(2B) substituted for Art. 15(2) (31.12.2020) by The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/601), regs. 1(2), 5(10)(b); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Art. 15(3) substituted (31.12.2020) by The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/601), regs. 1(2), 5(10)(c); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in Regulation substituted (31.12.2020) by The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/601), regs. 1(2), 5(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
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