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Regulation (EC) No 2003/2003 of the European Parliament and of the CouncilShow full title

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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TITLE IU.K.GENERAL PROVISIONS

CHAPTER IU.K.Scope and definitions

Article 1U.K.Scope

This Regulation shall apply to products which are placed on the market as fertilisers designated ‘[F1UK fertiliser]’.

Textual Amendments

Article 2U.K.Definitions

([F21])For the purposes of this Regulation the following definitions shall apply:

(a)

‘Fertiliser’ means material, the main function of which is to provide nutrients for plants.

(b)

‘Primary nutrient’ means the elements nitrogen, phosphorus and potassium only.

(c)

‘Secondary nutrient’ means the elements calcium, magnesium, sodium and sulphur.

(d)

‘Micro-nutrients’ means the elements boron, cobalt, copper, iron, manganese, molybdenum and zinc, essential for plant growth in quantities that are small compared with those of primary and secondary nutrients.

(e)

‘Inorganic fertiliser’ means a fertiliser in which the declared nutrients are in the form of minerals obtained by extraction or by physical and/or chemical industrial processes. Calcium cyanamide, urea and its condensation and association products, and fertilisers containing chelated or complexed micro-nutrients may, by convention, be classed as inorganic fertilisers.

(f)

‘Chelated micro-nutrient’ means a micro-nutrient that is held by one of the organic molecules listed in section E.3.1 of Annex I.

(g)

‘Complexed micro-nutrient’ means a micro-nutrient that is held by one of the molecules listed in section E.3.2 of Annex I.

(h)

‘Type of fertilisers’ means fertilisers with a common type designation as indicated in Annex I.

(i)

‘Straight fertiliser’ means a nitrogenous, phosphatic or potassic fertiliser having a declarable content of only one of the primary nutrients.

(j)

‘Compound fertiliser’ means a fertiliser having a declarable content of at least two of the primary nutrients and obtained chemically or by blending or by a combination of both.

(k)

‘Complex fertiliser’ means a compound fertiliser, obtained by chemical reaction, by solution, or in its solid state by granulation, having a declarable content of at least two of the primary nutrients. In its solid state each granule contains all the nutrients in their declared composition.

(l)

‘Blended fertiliser’ means a fertiliser obtained by dry mixing of several fertilisers, with no chemical reaction.

(m)

‘Foliar fertiliser’ means a fertiliser suitable for application to and nutrient uptake by the foliage of a crop.

(n)

‘Fluid fertiliser’ means a fertiliser in suspension or solution.

(o)

‘Solution fertiliser’ means a fluid fertiliser that is free of solid particles.

(p)

‘Suspension fertiliser’ means a two-phase fertiliser in which solid particles are maintained in suspension in the liquid phase.

(q)

‘Declaration’ means a statement of the amount of nutrients, including their forms and solubility, guaranteed within specified tolerances.

(r)

‘Declared content’ means the content of an element, or its oxide, which, in accordance with [F3retained EU law], is given on a label of an [F1UK fertiliser] or on the relevant accompanying document.

(s)

‘Tolerance’ means the permitted deviation of the measured value of a nutrient content from its declared value.

(t)

[F4‘Recognised standard’ means either of the following standards:

(i)

CEN (European Committee for Standardisation);

(ii)

BSI (the British Standards Institution).]

(u)

‘Package’ means a sealable receptacle used to hold, protect, handle, and distribute fertilisers and holding not more than 1 000 kg.

(v)

‘Bulk’ means a fertiliser not packaged as prescribed by this Regulation.

(w)

‘Placing on the market’ means the supply of fertiliser, whether in return for payment or free of charge, or storage for the purpose of supply. Importation of a fertiliser into the [F5United Kingdom] shall be deemed to constitute placing on the market.

(x)

‘Manufacturer’ means the natural or legal person responsible for placing a fertiliser on the market; in particular a producer, an importer, a packager working for its own account, or any person changing the characteristics of a fertiliser, shall be deemed to be a manufacturer. However, a distributor who does not change the characteristics of the fertiliser shall not be deemed to be a manufacturer.

(y)

[F6“Appropriate authority” means:

(i)

in relation to a decision in respect of ammonium nitrate fertilisers of high nitrogen content where the decision is outside devolved competence, the Secretary of State;

(ii)

in relation to a decision in respect of other fertilisers:

  • in relation to England, the Secretary of State;

  • in relation to Wales, the Welsh Ministers;

  • in relation to Scotland, the Scottish Ministers.

(z)

“Enforcement authority” means:

(i)

in England and Wales, an enforcement authority specified in regulation 11 of the EC Fertilisers (England and Wales) Regulations 2006;

(ii)

in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

(zl)

“Relevant authority” means:

(i)

in relation to Wales, the Welsh Ministers;

(ii)

in relation to Scotland, the Scottish Ministers.]

[F72.References in this Regulation to devolved competence are to be read in accordance with the following provisions:

(a)it is outside devolved competence to make any provision by subordinate legislation which would not be within the legislative competence of:

(i)in relation to Wales, Senedd Cymru if it were contained in an Act of Senedd Cymru (assuming, in the case of provision that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975, that such consent were given);

(ii)in relation to Scotland, the Scottish Parliament if it were included in an Act of the Parliament (see section 29 of the Scotland Act 1998);

(b)in the case of any function other than a function of making, confirming or approving subordinate legislation, it is outside devolved competence to exercise the function (or to exercise it in a particular way) if or to the extent that:

(i)in relation to Wales, a provision of an Act of Senedd Cymru conferring the function (or conferring it so as to be exercisable in that way) would not be within the legislative competence of Senedd Cymru if it were contained in an Act of Senedd Cymru (assuming, in the case of provision that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975, that such consent were given);

(ii)in relation to Scotland, a provision of an Act of the Scottish Parliament conferring the function (or conferring it so as to be exercisable in that way) would be outside the legislative competence of the Parliament.]

Textual Amendments

CHAPTER IIU.K.Placing on the market

Article 3U.K. [F1UK fertiliser]

A fertiliser belonging to a type of fertilisers listed in Annex I and complying with the conditions laid down in this Regulation, may be designated ‘[F1UK fertiliser]’.

The designation ‘[F1UK fertiliser]’ shall not be used for a fertiliser which does not comply with this Regulation.

Textual Amendments

Article 4U.K.Establishment within the [F8United Kingdom]

The manufacturer shall be established within the [F9United Kingdom] and shall be responsible for the conformity of the ‘[F1UK fertiliser]’ with the provisions of this Regulation.

Textual Amendments

F10Article 5U.K.Free circulation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 6U.K.Compulsory statements

1.[F11Nothing in this Regulation prevents the appropriate authority, in order to satisfy the requirements of Article 9, from using any power the appropriate authority has to] prescribe that the indication of the nitrogen, phosphorus and potassium contents of fertilisers placed on [F12the market] is to be expressed in the following way:

(a)nitrogen solely in the elemental form (N); and either

(b)phosphorus and potassium solely in the elemental form (P, K); or

(c)phosphorus and potassium solely in the oxide form (P2O5, K2O); or

(d)phosphorus and potassium in both elemental and oxide forms simultaneously.

Where the option is chosen to prescribe that the phosphorus and potassium contents be expressed in the form of elements, all references in the Annexes to the oxide form shall be read as being in elemental form and the numerical values shall be converted using the following factors:

(a)phosphorus (P) = phosphorus pentoxide (P2O5) × 0,436;

(b)potassium (K) = potassium oxide (K2O) × 0,830.

2.[F13Nothing in this Regulation prevents the appropriate authority from using any power the appropriate authority has to] prescribe that the calcium, magnesium, sodium and sulphur contents of secondary nutrient fertilisers and, where the conditions of Article 17 are fulfilled, of primary nutrient fertilisers placed on [F14the market] are to be expressed:

(a)in the oxide form (CaO, MgO, Na2O, SO3); or

(b)in the elemental form (Ca, Mg, Na, S); or

(c)in both of these forms.

To convert the calcium oxide, magnesium oxide, sodium oxide and sulphur trioxide contents into calcium, magnesium, sodium and sulphur contents, the following factors shall be used:

(a)calcium (Ca) = calcium oxide (CaO) × 0,715;

(b)magnesium (Mg) = magnesium oxide (MgO) × 0,603;

(c)sodium (Na) = sodium oxide (Na2O) × 0,742;

(d)sulphur (S) = sulphur trioxide (SO3) × 0,400.

For the calculated oxide or elemental content, the figure declared shall be rounded to the nearest decimal place.

3.[F15The appropriate authority] shall not prevent the placing on the market of an ‘[F1UK fertiliser]’ labelled in both of the forms mentioned in paragraphs 1 and 2.

4.The content of one or more of the micro-nutrients boron, cobalt, copper, iron, manganese, molybdenum, or zinc in the [F16UK fertilisers] belonging to the types of fertilisers listed in sections A, B, C and D of Annex I shall be declared where the following conditions are fulfilled:

(a)the micro-nutrients are added at least in the minimum quantities specified in section E.2.2 and E.2.3 of Annex I;

(b)the [F1UK fertiliser] continues to satisfy the requirements of sections A, B, C and D of Annex I.

5.Where the micro-nutrients are the normal ingredients of the raw materials intended to supply primary (N, P, K) and secondary (Ca, Mg, Na, S) nutrients, they may be declared, provided that these micro-nutrients are present at least in the minimum quantities specified in sections E.2.2 and E.2.3 of Annex I.

6.The micro-nutrient content shall be declared in the following manner:

(a)for fertilisers belonging to the types of fertilisers listed in section E.1 of Annex I, in accordance with the requirements set out in column 6 of that section;

(b)for mixtures of fertilisers referred to in (a) containing at least two different micro-nutrients and meeting the requirements of section E.2.1 of Annex I and for fertilisers belonging to the types of fertilisers listed in sections A, B, C and D of Annex I, by indicating:

(i)

the total content, expressed as a percentage of the fertiliser by mass,

(ii)

the water-soluble content, expressed as a percentage of the fertiliser by mass, where the soluble content is at least half of the total content.

Where a micro-nutrient is totally water-soluble, only the water-soluble content shall be declared.

Where a micro-nutrient is chemically linked with an organic molecule, the content of the micro-nutrient present in the fertiliser shall be declared immediately following the water-soluble content as a percentage by mass of the product, followed by one of the terms ‘chelated by’, or ‘complexed by’, with the name of the organic molecule as set out in section E.3 of Annex I. The name of the organic molecule may be replaced by its initials.

Textual Amendments

Article 7U.K.Identification

1.The manufacturer shall provide [F16UK fertilisers] with the identification markings listed in Article 9.

2.If the fertilisers are packed, these identification markings shall appear on the packages or labels attached. If the fertilisers are in bulk, these markings shall appear on the accompanying documents.

Textual Amendments

Article 8U.K.Traceability

Without prejudice to Article 26(3), the manufacturer shall, to ensure traceability of [F16UK fertilisers], maintain records of the origin of the fertilisers. These records shall be available for inspection by [F17the enforcement authority] for as long as the fertiliser is being supplied to the market, and for a further period of 2 years after the manufacturer stopped supplying it.

Textual Amendments

Article 9U.K.Markings

1.F18... The packages, labels and accompanying documents, referred to in Article 7 shall bear the following markings:

(a)Compulsory identification

  • (a)The words ‘[F1UK FERTILISER]’ in capital letters;

  • Where it exists, the designation of the type of fertiliser as set out in Annex 1;

  • For blended fertilisers, the marking ‘blend’ after the designation of the type;

  • The additional markings specified in Article 19, 21 or 23;

  • Nutrients shall be indicated both in words and by the appropriate chemical symbols, e.g. nitrogen (N), phosphorus (P), phosphorus pentoxide (P2O5), potassium (K), potassium oxide (K2O), calcium (Ca), calcium oxide (CaO), magnesium (Mg), magnesium oxide (MgO), sodium (Na), sodium oxide (Na2O), sulphur (S), sulphur trioxide (SO3), boron (B), copper (Cu), cobalt (Co), iron (Fe), manganese (Mn), molybdenum (Mo), zinc (Zn);

  • If the fertiliser contains micro-nutrients of which all or part are chemically linked with an organic molecule, the name of the micro-nutrient shall be followed by one of the following qualifiers:

    (i)

    ‘chelated by …’ (name of chelating agent or its abbreviation as set out in section E.3.1 of Annex I);

    (ii)

    ‘complexed by …’ (name of complexing agent as set out in section E.3.2 of Annex I);

  • Micro-nutrients contained in the fertiliser, listed in the alphabetical order of their chemical symbols: B, Co, Cu, Fe, Mn, Mo, Zn;

  • For products listed in sections E.1 and E.2 of Annex I, the specific directions for use;

  • Quantities of fluid fertilisers, expressed by mass. The expression of quantities of fluid fertilisers by volume or in terms of mass versus volume (kilograms per hectolitre or grams per litre) shall be optional;

  • Net or gross mass and, optionally, volume for fluid fertilisers. If the gross mass is given, the tare mass must be indicated beside it;

  • The name or trade name and the address of the manufacturer.

(b)Optional identification

  • (b)As listed in Annex I;

  • The directions for the storage and handling, and for fertilisers not listed in Annex I, sections E.1 and E.2, the specific directions for the use of the fertiliser;

  • Indications of the dose rates and conditions of use suitable for the soil and crop conditions under which the fertiliser is used;

  • The mark of the manufacturer and the trade description of the product.

The indications referred to in (b) must not conflict with those referred to in (a) and must be clearly separated from them.

2.All the markings referred to in paragraph 1 must be clearly separated from any other information on the packages, labels and accompanying documents.

3.Fluid fertilisers may be placed on the market only if the manufacturer provides suitable additional instructions covering, in particular, storage temperature and prevention of accidents during storage.

[F194.The Secretary of State may make regulations in relation to the application of this Article.]

Textual Amendments

Article 10U.K.Labelling

1.The labels or markings printed on the package and giving the particulars mentioned under Article 9 must be placed in a conspicuous position. Labels must be attached to the package or to whatever system is used for closing it. If this system consists of a seal, that seal must bear the name or mark of the packager.

2.The markings referred to in paragraph 1 must be and must remain indelible and clearly legible.

3.In the cases of fertilisers in bulk referred to in the second sentence of Article 7(2) a copy of the documents containing the identification markings must accompany the goods and be accessible for inspection purposes.

Article 11U.K.Languages

The label, the markings on the package and the accompanying documents must appear in [F20English and may also appear in other languages].

Textual Amendments

Article 12U.K.Packaging

In the case of packaged [F16UK fertilisers], the package must be closed in such a way or by such a device that, when it is opened, the fastening, fastening seal or the package itself is irreparably damaged. Valve sacks may be used.

Textual Amendments

Article 13U.K.Tolerances

1.The nutrient content of [F16UK fertilisers] shall comply with the tolerances established in Annex II, which are intended to allow for deviations in manufacture, sampling and analysis.

2.The manufacturer shall not take systematic advantage of the tolerances given in Annex II.

3.No tolerances are allowed in respect of the minimum and maximum contents specified in Annex I.

Textual Amendments

Article 14U.K.Fertiliser requirements

A type of fertiliser may only be included in Annex I if:

(a)

it provides nutrients in an effective manner;

(b)

relevant sampling, analysis, and if required, test methods are being provided;

(c)

under normal conditions of use it does not adversely affect human, animal, or plant health, or the environment.

Article 15U.K.Safeguard clause

1.Where [F21the appropriate authority] has justifiable grounds for believing that a specific [F1UK 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, [F22nothing 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. [F23Except 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.]

[F242.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 [F25appropriate authority] which are justified on grounds of public security to prohibit, restrict or hinder the placing on the market of [F16UK fertilisers].

Textual Amendments

TITLE IIU.K.PROVISIONS FOR SPECIFIC TYPES OF FERTILISERS

CHAPTER IU.K.Inorganic primary nutrient fertilisers

Article 16U.K.Scope

This chapter shall apply to inorganic primary nutrient fertilisers, solid or fluid, straight or compound, including those containing secondary nutrients and/or micro-nutrients, with the minimum nutrient content established in sections A, B, C, E.2.2 or E.2.3 of Annex I.

Article 17U.K.Declaration of secondary nutrients in primary nutrient fertilisers

Calcium, magnesium, sodium and sulphur content may be declared as secondary nutrient content of [F16UK fertilisers] belonging to the types of fertiliser listed in sections A, B and C of Annex I, provided that these elements are present in at least the following minimum quantities:

(a)

2 % calcium oxide (CaO), i.e. 1,4 % Ca;

(b)

2 % of magnesium oxide (MgO), i.e. 1,2 % Mg;

(c)

3 % of sodium oxide (Na2O), i.e. 2,2 % Na;

(d)

5 % of sulphur trioxide (SO3), i.e. 2 % S.

In such a case, the additional marking specified in Article 19(2)(ii) shall be added to the type designation.

Textual Amendments

Article 18U.K.Calcium, magnesium, sodium and sulphur

1.The declaration of the magnesium, sodium and sulphur content of the fertilisers listed in sections A, B, and C of Annex I shall be expressed in one of the following ways:

(a)the total content expressed as a percentage of the fertiliser by mass;

(b)the total content and the content soluble in water, expressed as a percentage of the fertiliser by mass where the soluble content is at least a quarter of the total content;

(c)where an element is totally soluble in water, only the content soluble in water shall be declared as a percentage of the mass.

2.Unless otherwise stated in Annex I, a declaration of the calcium content shall only be made if it is soluble in water and shall be expressed as a percentage of the fertiliser by mass.

Article 19U.K.Identification

1.In addition to the compulsory identification markings referred to in Article 9(1)(a), the markings set out in paragraphs 2, 3, 4, 5 and 6 of this Article shall be stated.

2.The following shall be stated after the type designation of compound fertilisers:

(i)

The chemical symbols of the declared secondary nutrients, between brackets and after the symbols of the primary nutrients.

(ii)

Numbers indicating the primary nutrient content. The declared secondary nutrient content shall be indicated between brackets after the primary nutrient content.

3.The fertiliser type designation shall only be followed by figures indicating primary and secondary nutrient content.

4.Where micro-nutrients are declared, the words ‘with micro-nutrients’ or the word ‘with’ followed by the name or names and chemical symbols of the micro-nutrients present shall be given.

5.The declared content of primary nutrients and secondary nutrients shall be given as a percentage by mass, as whole numbers or, where necessary, where an appropriate method of analysis exists, to one decimal place.

In fertilisers containing more than one declared nutrient, the order shall be for primary nutrients: N, P2O5 and/or P, K2O and/or K, and for secondary nutrients: CaO and/or Ca, MgO and/or Mg, Na2O and/or Na, SO3 and/or S.

The declared content of micro-nutrients shall give the name and symbol of each micro-nutrient, indicating the percentage by mass as specified in sections E.2.2 and E.2.3 of Annex I and according to solubility.

6.The forms and solubility of the nutrients shall also be expressed as a percentage by mass of fertiliser, except where Annex I explicitly provides that this content shall be otherwise expressed.

The number of decimal places shall be one, except for micro-nutrients where it shall be as specified in sections E.2.2 and E.2.3 of Annex I.

CHAPTER IIU.K.Inorganic secondary nutrient fertilisers

Article 20U.K.Scope

This chapter shall apply to inorganic secondary nutrient fertilisers, solid or fluid, including those containing micro-nutrients, with the minimum nutrient content established in sections D, E.2.2, and E.2.3 of Annex I.

Article 21U.K.Identification

1.In addition to the compulsory identification markings referred to in Article 9(1)(a), the markings set out in paragraphs 2, 3, 4 and 5 of this Article shall be stated.

2.Where micro-nutrients are declared, the words ‘with micro-nutrients’ or the word ‘with’, followed by the name or names and chemical symbols of the micro-nutrients present, shall be given.

3.The declared content of secondary nutrients shall be given as a percentage by mass, as whole numbers or, where necessary, where an appropriate method of analysis exists, to one decimal place.

Where more than one secondary nutrient is present, the order shall be:

CaO and/or Ca, MgO and/or Mg, Na2O and/or Na, SO3 and/or S.

The declared content of micro-nutrients shall give the name and symbol of each micro-nutrient, indicating the percentage by mass as specified in sections E.2.2 and E.2.3 of Annex I and according to solubility.

4.The forms and solubility of the nutrients shall also be expressed as a percentage by mass of fertiliser, except where Annex I explicitly provides that this content shall be otherwise expressed.

The number of decimal places shall be one, except for micro-nutrients where it shall be as specified in sections E.2.2 and E.2.3 of Annex I.

5.Unless otherwise stated in Annex I, a declaration of the calcium content shall only be made if it is soluble in water and shall be expressed as a percentage of the fertiliser by mass.

CHAPTER IIIU.K.Inorganic micro-nutrient fertilisers

Article 22U.K.Scope

This chapter shall apply to inorganic micro-nutrient fertilisers, solid or fluid, with the minimum nutrient content established in sections E.1 and E.2.1 of Annex I.

Article 23U.K.Identification

1.In addition to the compulsory identification markings referred to in Article 9(1)(a) the markings set out in paragraphs 2, 3, 4 and 5 of this Article shall be stated.

2.Where the fertiliser contains more than one micro-nutrient, the type designation ‘mixture of micro-nutrients’ followed by the names of the micro-nutrients present and their chemical symbols, shall be given.

3.For fertilisers containing only one micro-nutrient (section E.1 of Annex I), the declared micro-nutrient content shall be given as a percentage by mass, in whole numbers or, where necessary, to one decimal place.

4.The forms and solubility of micro-nutrients shall be expressed as a percentage by mass of fertiliser, except where Annex I explicitly provides that this content shall be otherwise expressed.

The number of decimal places for micro-nutrients shall be as specified in section E.2.1 of Annex I.

5.Below the compulsory or optional declarations the following shall be entered on the label and accompanying documents with regard to the products appearing in sections E.1 and E.2.1 of Annex I:

‘To be used only where there is a recognised need. Do not exceed the appropriate dose rates.’

Article 24U.K.Packaging

[F16UK fertilisers] covered by the provisions of this chapter shall be packaged.

Textual Amendments

CHAPTER IVU.K.Ammonium nitrate fertilisers of high nitrogen content

Article 25U.K.Scope

For the purpose of this chapter, ammonium nitrate fertilisers of high nitrogen content, straight or compound, are ammonium nitrate based products manufactured for use as fertilisers and containing more than 28 % by mass of nitrogen in relation to ammonium nitrate.

This type of fertiliser may contain inorganic or inert substances.

The substances used in the manufacturing of this type of fertiliser must not increase its sensitivity to heat or its tendency to detonate.

Article 26U.K.Safety measures and controls

1.The manufacturer shall ensure that straight ammonium nitrate fertilisers of high nitrogen content comply with the provisions of section 1 of Annex III.

2.The checking, analysis and testing for official controls of straight ammonium nitrate fertilisers of high nitrogen content provided for by this chapter shall be carried out in accordance with the methods described in section 3 of Annex III.

3.To ensure the traceability of ammonium nitrate [F16UK fertilisers] of high nitrogen content placed on the market, the manufacturer shall maintain records of the names and addresses of the sites, and of the operators of the sites, at which the fertiliser and its principal components were produced. These records shall be available for inspection by [F26the enforcement authority] for as long as the fertiliser is being supplied to the market, and for a further period of 2 years after the manufacturer stopped supplying it.

Textual Amendments

Article 27U.K.Test of resistance to detonation

Without prejudice to the measures referred to in Article 26, the manufacturer shall ensure that each type of [F27UK] high nitrogen content ammonium nitrate fertiliser placed on the market has passed the test of resistance to detonation described in sections 2, 3 (method 1, point 3) and 4 of Annex III of this Regulation. This test shall be carried out by one of the approved laboratories referred to in Article 30(1) F28.... Manufacturers shall submit the results of the test to the [F29appropriate authority] at least 5 days before placing the fertiliser on the market, or at least 5 days before the arrival of the fertiliser at the borders of the [F30United Kingdom] in the case of imports. Thereafter, the manufacturer shall continue to guarantee that all supplies of the fertiliser placed on the market are capable of passing the abovementioned test.

Textual Amendments

Article 28U.K.Packaging

Ammonium nitrate fertilisers of high nitrogen content shall be made available to the final user only in packaged form.

TITLE IIIU.K.CONFORMITY ASSESSMENT OF FERTILISERS

Article 29U.K.Control measures

1.[F31Nothing in this Regulation prevents the appropriate authority from using any power the appropriate authority has to] subject fertilisers marked ‘[F1UK fertiliser]’ to official control measures for the purpose of verifying that they comply with this Regulation.

[F32Nothing 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.[F33The enforcement authority] shall ensure that sampling and analysis for official controls of [F16UK 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.

[F344.The [F35Secretary of State may, by regulations,] adapt and modernise the measuring, sampling and analysis methods and shall, wherever possible, use [F36recognised standards]. F37... The [F38Secretary of State may, by regulations,] specify the control measures provided for in this Article and in Articles 8, 26 and 27. [F39Regulations] 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

Article 30U.K.Laboratories

1.[F40The Secretary of State must publish a list of approved laboratories] that are competent to provide the necessary services for checking compliance of [F16UK fertilisers] with the requirements of this Regulation. Such laboratories must meet the standards mentioned in section B of Annex V. F41...

F422.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.Where [F43the Secretary of State] has justifiable grounds for believing that an approved laboratory does not meet the standards referred to in paragraph 1, [F44the Secretary of State must remove the name from the list referred to in that paragraph]. F45...

[F463A.The Secretary of State may only act under this Article with the consent of each person who is a relevant authority.]

F474.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F475.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

TITLE IVU.K.FINAL PROVISIONS

CHAPTER IU.K.Adaptation of the Annexes

Article 31U.K.New [F16UK fertilisers] [F48and technical adaptations]

[F341.The [F49Secretary of State may, by regulations,] adapt Annex I to include new types of fertilisers.]

2.A manufacturer or its representative which wishes to propose a new type of fertiliser for inclusion in Annex I and is required to compile a technical file for that purpose shall do so by taking into account [F50any relevant guidance and the provisions of Regulation (EC) No 1907/2006].

[F343.The [F51Secretary of State may, by regulations,] adapt the Annexes to take account of technical progress.]

F524.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F53Article 32U.K.Regulations

1.Regulations made under this Regulation are to be made by statutory instrument.

2.Any power to make regulations conferred by this Regulation is the power to make regulations in relation to Great Britain.

3.Except in relation to regulations in respect of ammonium nitrate fertilisers of high nitrogen content where the regulations are outside devolved competence, the Secretary of State may not make regulations under this Regulation without the consent of each person who is a relevant authority.

4.Except in relation to regulations in respect of ammonium nitrate fertilisers of high nitrogen content where the regulations are outside devolved competence, where any of the relevant authorities requests that the Secretary of State make regulations under this Regulation, the Secretary of State must have regard to that request.

5.A statutory instrument containing regulations made under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

6.Such regulations may—

(a)contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018));

(b)make different provision for different purposes.]

Textual Amendments

F54CHAPTER IIU.K.Transitional provisions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CHAPTER IIIU.K.Final provisions

Article 35U.K.Repealed Directives

F561.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.References to [F57Directives 76/116/EEC, 77/535/EEC, 80/876/EEC and 87/94/EEC] shall be construed as references to this Regulation. F58...

Textual Amendments

F59Article 36U.K.Penalties

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F59Article 37U.K.National provisions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F59Article 38U.K.Entry into force

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F60...

Textual Amendments

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