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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1.[F1Nothing in this Regulation prevents the appropriate authority from using any power the appropriate authority has to] subject fertilisers marked ‘[F2UK fertiliser]’ to official control measures for the purpose of verifying that they comply with this Regulation.
[F3Nothing in this Regulation prevents the appropriate authority from using any power the appropriate authority has to] charge fees not exceeding the cost of tests needed for such control measures, but this shall not oblige manufacturers to repeat tests or to pay for repeated tests where the first test was made by a laboratory which fulfilled the conditions of Article 30 and where the test showed compliance of the fertiliser in question.
2.[F4The enforcement authority] shall ensure that sampling and analysis for official controls of [F5UK fertilisers] belonging to types of fertilisers listed in Annex I are carried out in accordance with the methods described in Annex III and IV.
3.Compliance with this Regulation in respect of conformity to types of fertiliser and compliance with the declared nutrient content and/or the declared content expressed as forms and solubilities of such nutrients may be verified at official inspections only by means of sampling and analysis methods established in accordance with Annex III and IV and taking into account the tolerances specified in Annex II.
[F64.The [F7Secretary of State may, by regulations,] adapt and modernise the measuring, sampling and analysis methods and shall, wherever possible, use [F8recognised standards]. F9... The [F10Secretary of State may, by regulations,] specify the control measures provided for in this Article and in Articles 8, 26 and 27. [F11Regulations] shall in particular address the question of 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.]
Textual Amendments
F1Words in Art. 29(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(13)(a)(i); 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. 29(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(13)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 29(2) substituted (31.12.2020) by The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/601), regs. 1(2), 5(13)(b); 2020 c. 1, Sch. 5 para. 1(1)
F5Words 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)
F6Substituted by Regulation (EC) No 219/2009 of the European Parliament and of the Council of 11 March 2009 adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC with regard to the regulatory procedure with scrutiny Adaptation to the regulatory procedure with scrutiny — Part Two.
F7Words in Art. 29(4) substituted (31.12.2020) by The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/601), regs. 1(2), 5(13)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
F8Words 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)(d); 2020 c. 1, Sch. 5 para. 1(1)
F9Words in Art. 29(4) omitted (31.12.2020) by virtue of The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/601), regs. 1(2), 5(13)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F10Words in Art. 29(4) substituted (31.12.2020) by The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/601), regs. 1(2), 5(13)(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F11Word in Art. 29(4) substituted (31.12.2020) by The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/601), regs. 1(2), 5(13)(c)(iv); 2020 c. 1, Sch. 5 para. 1(1)
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