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Regulation (EU) 2019/1009 of the European Parliament and of the CouncilShow full title

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 (Text with EEA relevance)

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Changes to legislation:

There are currently no known outstanding effects for the Regulation (EU) 2019/1009 of the European Parliament and of the Council, CMC 3: COMPOST. Help about Changes to Legislation

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CMC 3: COMPOSTU.K.

1.An EU fertilising product may contain compost obtained through aerobic composting of exclusively one or more of the following input materials:U.K.

(a)

bio-waste within the meaning of Directive 2008/98/EC resulting from separate bio-waste collection at source;

(b)

derived products referred to in Article 32 of Regulation (EC) No 1069/2009 for which the end point in the manufacturing chain has been determined in accordance with the third subparagraph of Article 5(2) of that Regulation;

(c)

living or dead organisms or parts thereof, which are unprocessed or processed only by manual, mechanical or gravitational means, by dissolution in water, by flotation, by extraction with water, by steam distillation or by heating solely to remove water, or which are extracted from air by any means, except:

  • the organic fraction of mixed municipal household waste separated through mechanical, physicochemical, biological and/or manual treatment,

  • sewage sludge, industrial sludge or dredging sludge, and

  • animal by-products or derived products falling within the scope of Regulation (EC) No 1069/2009 for which no end point in the manufacturing chain has been determined in accordance with the third subparagraph of Article 5(2) of that Regulation;

(d)

composting additives which are necessary to improve the process performance or the environmental performance of the composting process provided that:

(i)

the additive is registered pursuant to Regulation (EC) No 1907/2006(1), with a dossier containing:

  • the information provided for by Annexes VI, VII and VIII to Regulation (EC) No 1907/2006, and

  • a chemical safety report pursuant to Article 14 of Regulation (EC) No 1907/2006 covering the use as a fertilising product,

unless explicitly covered by one of the registration obligation exemptions provided for by Annex IV to Regulation (EC) No 1907/2006 or by point 6, 7, 8 or 9 of Annex V to that Regulation, and

(ii)

the total concentration of all additives does not exceed 5 % of the total input material weight; or

(e)

any material listed in points (a), (b) or (c) which:

(i)

has previously been composted or digested, and

(ii)

contains no more than 6 mg/kg dry matter of PAH16 (2).

2.The composting shall take place in a plant:U.K.

(a)

in which production lines for the processing of input materials referred to in point 1 are clearly separated from production lines for the processing of input materials other than those referred to in point 1, and

(b)

where physical contacts between input and output materials are avoided, including during storage.

3.The aerobic composting shall consist of controlled decomposition of biodegradable materials, which is predominantly aerobic and which allows the development of temperatures suitable for thermophilic bacteria as a result of biologically produced heat. All parts of each batch shall be either regularly and thoroughly moved and turned or subject to forced ventilation in order to ensure the correct sanitation and homogeneity of the material. During the composting process, all parts of each batch shall have one of the following temperature-time profiles:U.K.

  • 70 °C or more for at least 3 days,

  • 65 °C or more for at least 5 days,

  • 60 °C or more for at least 7 days, or

  • 55 °C or more for at least 14 days.

4.The compost shall contain:U.K.

(a)

no more than 6 mg/kg dry matter of PAH16 (3);

(b)

no more than 3 g/kg dry matter of macroscopic impurities above 2 mm in any of the following forms: glass, metal or plastics; and

(c)

no more than 5 g/kg dry matter of the sum of the macroscopic impurities referred to in point (b).

From 16 July 2026, the presence of plastics above 2 mm within the maximum limit value referred to in point (b) shall be no more than 2,5 g/kg dry matter. By 16 July 2029 the limit-value of 2,5 g/kg dry matter for plastics above 2 mm shall be re-assessed in order to take into account the progress made with regards to separate collection of bio-waste.

5.The compost shall meet at least one of the following stability criteria:U.K.

(a)

Oxygen uptake rate:

  • Definition: an indicator of the extent to which biodegradable organic matter is being broken down within a specified time period. The method is not suitable for material with a content of particle sizes > 10 mm that exceeds 20 %,

  • Criterion: maximum 25 mmol O2/kg organic matter/h; or

(b)

Self heating factor:

  • Definition: the maximum temperature reached by a compost in standardised conditions as an indicator of the state of its aerobic biological activity,

  • Criterion: minimum Rottegrad III.

(1)

In the case of an additive recovered in the European Union, this condition is fulfilled if the additive is the same, within the meaning of point (d)(i) of Article 2(7) of Regulation (EC) No 1907/2006, as a substance registered with a dossier containing the information here indicated, and if information is available to the fertilising product manufacturer within the meaning of point (d)(ii) of Article 2(7) of Regulation (EC) No 1907/2006.

(2)

Sum of naphthalene, acenaphthylene, acenaphthene, fluorene, phenanthrene, anthracene, fluoranthene, pyrene, benzo[a]anthracene, chrysene, benzo[b]fluoranthene, benzo[k]fluoranthene, benzo[a]pyrene, indeno[1,2,3-cd]pyrene, dibenzo[a,h]anthracene and benzo[ghi]perylene.

(3)

Sum of naphthalene, acenaphthylene, acenaphthene, fluorene, phenanthrene, anthracene, fluoranthene, pyrene, benzo[a]anthracene, chrysene, benzo[b]fluoranthene, benzo[k]fluoranthene, benzo[a]pyrene, indeno[1,2,3-cd]pyrene, dibenzo[a,h]anthracene and benzo[ghi]perylene.

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