POLICY AND LEGAL REQUIREMENTS
Fertilizer use has to comply first with laws related to products, agriculture and environment:
Product quality and labeling See chapter 3.1.5.1.
Council Directive 76/116/EC of 18 December 1975 on the approximation of the laws of the Member States relating to fertilizers OJ L24/21 30-1-1976. Repealed by Regulation 2003/2003/EC of the European Parliament and of the Council of 13 October 2003 relating to fertilisers.OJ304/1 20-11-2003
Commission Directive 77/535/EC of 22 June 1977 on the approximation of the laws of the Member States relating to methods of sampling and analysis of fertilizers. OJ L213/1 22-8-1977. Repealed by Regulation 2003/2003/EC of the European Parliament and of the Council of 13 October 2003 relating to fertilisers.OJ304/1 20-11-2003.
Commission Directive 77/535/EC of 22 June 1977 on the approximation of the laws of the Member States relating to methods of sampling and analysis of fertilizers. OJ L213/1 22-8-1977.Part 2 Repealed by Regulation 2003/2003/EC of the European Parliament and of the Council of 13 October 2003 relating to fertilisers.OJ304/1 20-11-2003.
Commission Directive 77/535/EC of 22 June 1977 on the approximation of the laws of the Member States relating to methods of sampling and analysis of fertilizers 77/535/EEC. OJ L213/1 22-8-1977.Part 3Repealed by Regulation 2003/2003/EC of the European Parliament and of the Council of 13 October 2003 relating to fertilisers.OJ304/1 20-11-2003..
Commission Directive 79/138/EC of 14 December 1978 amending Directive 77/535/EEC on the approximation of the laws of the Member States relating to methods of sampling and analysis of fertilizers. OJ L39/3 14-2-1979.Repealed by Regulation 2003/2003/EC of the European Parliament and of the Council of 13 October 2003 relating to fertilisers.OJ304/1 20-11-2003..
Council Directive 80/876/EC of 15 July 1980 on the approximation of the laws of the Member States relating to straight ammonium nitrate fertilizers of high nitrogen content 80/876/EEC. OJ L250/7 23-9-1980.Repealed by Regulation 2003/2003/EC of the European Parliament and of the Council of 13 October 2003 relating to fertilisers.OJ304/1 20-11-2003..
Commission Directive 87/94/EEC of 8 December 1986 on the approximation of the laws of the Member States relating to procedures for the control of characteristics of, limits for and resistance to detonation of straight ammonium nitrate fertilizers of high nitrogen content. OJ L38/1 7-2-87.Repealed by Regulation 2003/2003/EC of the European Parliament and of the Council of 13 October 2003 relating to fertilisers.OJ304/1 20-11-2003..
Commission Directive 87/566/EEC amending Directive 77/535/EEC on the approximation of the laws of the Member States relating to methods of sampling and analysis for fertilizers. OJ L342/32 4-12-87.Repealed by Regulation 2003/2003/EC of the European Parliament and of the Council of 13 October 2003 relating to fertilisers.OJ304/1 20-11-2003..
Commission Directive 88/126/EEC of 22 December 1987 amending Directive 87/94/EEC on the approximation of the laws of the Member States relating to procedures for the control of characteristics of, limits for and resistance to detonation of straight ammonium nitrate fertilizers of high nitrogen content. OJ L63/12 9-3-88.Repealed by Regulation 2003/2003/EC of the European Parliament and of the Council of 13 October 2003 relating to fertilisers.OJ304/1 20-11-2003..
Council Directive 88/183/EEC of 22 March 1988 amending Directive 76/116/EEC in respect of fluid fertilizers.Repealed by Regulation 2003/2003/EC of the European Parliament and of the Council of 13 October 2003 relating to fertilisers.OJ304/1 20-11-2003..
Council Directive 89/284/EEC of 13 April 1989 supplementing and amending Directive 76/116/EEC in respect of the calcium, magnesium, sodium and sulphur content of fertilizers. OJ 111/34 22-4-1989.Repealed by Regulation 2003/2003/EC of the European Parliament and of the Council of 13 October 2003 relating to fertilisers.OJ304/1 20-11-2003..
Commission Directive 89/519/EEC of 1 August 1989 supplementing and amending Directive 77/535/EEC on the approximation of the laws of the Member States relating to methods of sampling and analysis fro fertilizers. OJ 265/30 12-9-1989.Repealed by Regulation 2003/2003/EC of the European Parliament and of the Council of 13 October 2003 relating to fertilisers.OJ304/1 20-11-2003..
Council Directive 89/530/EEC of 18 September 1989 supplementing and amending Directive 76/116/EEC in respect of the trace elements boron, cobalt, copper, iron, manganese, molybdenum and zinc contained in fertilizers. OJ L281/116 30-9-1989Repealed by Regulation 2003/2003/EC of the European Parliament and of the Council of 13 October 2003 relating to fertilisers.OJ304/1 20-11-2003.
Commission Directive 93/1/EEC of 21 January 1993 amending Directive 77/535/EEC on the approximation of the laws of the Member States relating to methods of sampling and analysis for fertilizers (Analysis methods fro trace elements). OJ 113/17 7-5-1993. Repealed by Regulation 2003/2003/EC of the European Parliament and of the Council of 13 October 2003 relating to fertilisers.OJ304/1 20-11-2003..
Commission Directive 93/69/EEC of 23 July 1993 adapting to technical progress Council Directive 76/116/EEC on the approximation of the laws of the Member States relating to fertilizers. OJ 185/30 28-7-1993.Repealed by Regulation 2003/2003/EC of the European Parliament and of the Council of 13 October 2003 relating to fertilisers.OJ304/1 20-11-2003..
Commission Directive 95/8/EC of 10 April 1995 amending Directive 77/535/EEC on the approximation of the laws of the Member States relating to methods of sampling and analysis for fertilizers (Methods of analysis for trace elements at a concentration greater than 10%). OJ 86/41 20-4-1995.Repealed by Regulation 2003/2003/EC of the European Parliament and of the Council of 13 October 2003 relating to fertilisers.OJ304/1 20-11-2003.
Commission Directive 96/28/EC of 10 May 1996 adapting to technical progress Council Directive 76/116/EEC on the approximation of the laws of the Member States relating to fertilizers. OJ 140/30 13-6-1996.Repealed by Regulation 2003/2003/EC of the European Parliament and of the Council of 13 October 2003 relating to fertilisers.OJ304/1 20-11-2003.
Directive 97/63/EC of the European Parliament and of the Council of 24 November 1997 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 fertilizers. OJ 335/15 6-12-1997.Repealed by Regulation 2003/2003/EC of the European Parliament and of the Council of 13 October 2003 relating to fertilisers.OJ304/1 20-11-2003.
Commission Directive 98/3/EC of 15 January 1998 adapting to technical progress Council Directive 76/116/EEC on the approximation of the laws of the Member States relating to fertilizers. OJ 18/25 23-1-1998.Repealed by Regulation 2003/2003/EC of the European Parliament and of the Council of 13 October 2003 relating to fertilisers.OJ304/1 20-11-2003.
Directive 98/97/EC of the European Parliament and of the Council of 22 December 1998 amending Directive 76/116/EEC on the approximation of the laws of the Member States relating to fertilizers, as regards the marketing in Austria, Finland and in Sweden of fertilizers containing cadmium. OJ 18/60 23-1-1999.Repealed by Regulation 2003/2003/EC of the European Parliament and of the Council of 13 October 2003 relating to fertilisers.OJ304/1 20-11-2003..
Commission Decision 2002/366/EC of 15 May 2002 on the national provisions notified by the Republic of Austria under Article 95(4) of the EC Treaty concerning the maximum admissible content of cadmium in fertilizers (notified under document number C(2002) 1850) OJ L132 p65-72
Commission Decision 2002/398/EC of 24 May 2002 on the national provisions notified by the Republic of Finland under Article 95(4) of the EC Treaty concerning the maximum admissible content of cadmium in fertilizers (notified under document number C(2002) 1931) OJ L138 p15-23.
Commission Decision 2002/399/EC of 24 May 2002 on the national provisions notified by the Kingdom of Sweden under Article 95(4) of the EC Treaty concerning the maximum admissible content of cadmium in fertilizers (notified under document number C(2002) 1932) OJ L138 p 24-32.
Above mentioned Fertilizer Directives have been recasted, with the purpose to make them easier to read and interpret. This recast is now finalised: Regulation 2003/2003/EC of the European Parliament and of the Council of 13 October 2003 relating to fertilisers.OJ304/1 20-11-2003.
Commission Regulation (EC)2076/2004 of 3 December 2004 adpating for the first time Annex 1 of Regulation 2003/2003/EC of the European Parliament and of the Council relating to fertilisers (EDDHSA and triple superphosphates). OJ L359 page 25 of 4.12.2004.
Commission Decision 2006/347/EC of 3 January 2006 on the national provisions notified by the Kingdom of Sweden under Article 95(4) of the EC Treaty concerning the maximum admissible content of cadmium in fertilisers (notified under document number C(2005) 5532) OJ L129 of 17-05-2006 pages 19-25.
Commission Decision 2006/348/EC of 3 January 2006 on the national provisions notified by the Republic of Finland under Article 95(4) of the EC Treaty concerning the maximum admissible content of cadmium in fertilisers (notified under document number C(2005) 5542) OJ L129 of 17-05-2006 pages 25-30.
Commission Decision 2006/348/EC of 3 January 2006 on the national provisions notified by the Republic of Austria under Article 95(4) of the EC Treaty concerning the maximum admissible content of cadmium in fertilisers (notified under document number C(2005) 5549) OJ L129 of 17-05-2006 pages 31-36.
Commission Decision 2006/390/EC of 24 May, 2006 on the national provisions notified by the Czech Republic under Article 95(4) of the EC Treaty concerning the maximum admissible content of cadmium in fertilisers. OJ L150 3-6-2006 pages 17-23.
List of approved laboratories persuant to Articles 30 and 33 of Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilizers. C 148 OJ 24.6.2006 pages 2-10.
Commission Regulation (EC) No 162/2007 of 19 February 2007 amending Regulation (EC) No 2003/2003 of the European Parliament and of the Council relating to fertilisers for the purposes of adapting Annexes I and IV thereto to technical progress (1) OJ L51 20-02-2007 page 7
Packaging and labeling of dangerous substances (67/548/EEC) and amendments (see chapter 3.1.5.1.)
European Agricultural Policies:
Included here are only the policy regulations which have an impact on the fertilizer use and on the fertilizer consumption.
Aids for agricultural markets in the EU :
- The new Common Agricultural Policy (CAP) :
Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending regulations (EEC) No2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454, (EC) No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EC) No 2358/71, (EC) 2529/2001.OJ L270/46 of 21-10-2003.
>> Implementation rules of the new CAP :
Commission Regulation (EC) No 2237/2003 of 23 December 2003 laying down detailed rules for the implementation of certain support schemes provided for in Title IV of Council Regulation (EC) 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers. OJ. L339/52 of 24-12-2003.
Commission Regulation (EC) No 795/2004 of 21 April 2004 laying down detailed rules for the implementation of the single payment scheme provided for in Council Regulation (EC) 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers. OJ. L141/47 of 30-4-2004.
Commission Regulation (EC) No 796/2004 of 21 April 2004 laying down detailed rules for the implementation of cross compliance, modulation and the integrated administration and control system provided for in Council Regulation (EC) 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers. OJ. L141/47 of 30-4-2004.
- EU Rural Development in Agenda 2000 :
Council Regulation (EC) No 1257/1999 of 27 May 1999 on the support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain regulations. OJ L160/80 26-6-1999.
- EU Rural Development in the new CAP :
Council Regulation (EC) No 1783/2003 of 29 September 2003 amending regulation (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF). OJ L270/46 of 21-10-2003.
>> Implementation rules for Rural Development :
Commission Regulation (EC) No 817/2004 of 29 April 2004 laying down detailed rules for the application of Council Regulation (EC) 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF). OJ. L153/30 of 30-4-2004.
Environmental & Health :
-The sixt EU Environment Action Program
Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme. OJ L242/1. 10-09-2002.
Environment 2010. Our Future, Our Choice. 6th EU Environment Action. EU Commission 2001.
Environmental & Health Directives
- Environmental liabilities (2004/35/EC)
All IPPC installations as refered to in the annexes of the IPPC Directive are subject to the Directive 2004/35EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage. OJ L 143/56 of 30-04-2004 . This Directive regulates, based on the polluter pays principle, prevention of pollution of the environment and remediation of environmental damage in case pollution has happened.
- Existing Substances regulation (93/793/EEC)
Council Regulation (EEC) No 793/93 of 23 March 1993 on the evaluation and control of the risks of existing substances. OJ L84/1 5-4-1993.See for more detail chapter 3.1.5.1.
- Integrated Pollution Prevention and Control directive (96/61/EC)
Council Directive 96/61/EC of 24 September 9 concerning integrated pollution prevention and control Official Journal of the European Communities L 257, 10.10.96 pages 26-40
- Strategic Environmental Assessment directive (2001/42/EC)
Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programs on the environment. OJ L197/30 21-7-2001.
- Assessment of Risk to Man and the Environment directive (93/67/EEC)
Commission Directive 93/67/EEC of 20 July 1993 laying down the principles for assessment of risk and the environment of substances notified in accordance with Council Directive 67/548/EEC. OJ L227/9 8-9-1993.
- Environmental Impact Assessment directive (85/337/EEC and 97/11/EC)
Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment. OJ. L175/40 of 5-7-1985.
Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment. OJ L73/5 4-3-97.
Environmental Directives on water quality:
Early European water legislation began with standards for our rivers and lakes used for drinking water abstraction (1975) and setting binding quality targets for our drinking water (1980). It also included quality objective legislation for bathing waters, ground waters, fish- and shellfish waters. A review of these existing water directives in 1988 resulted in a second wave of water legislation: the Urban waste water treatment directive, the nitrate directive and a new drinking water directive (1998). A rethink of the Community water policy started in 1996 because it was found that the existing legislation was was fragmented, in terms both of objectives and of means. All parties agreed on the need for a single piece of framework legislation to resolve these problems. In response to this, the Commission presented a Proposal for a Water Framework Directive with the following key aims:
- expanding the scope of water protection to all waters, surface waters and groundwater
- achieving "good status" for all waters by a set deadline
- water management based on river basins
- "combined approach" of emission limit values and quality standards
- getting the prices right
- getting the citizen involved more closely
- streamlining legislation
The outline below shows how these elements are made operational within the Water Framework Directive (2000/60/EC)..
- Water Framework directive (2000/60/EC).
Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy. OJ L327/1 22-12-2000.
Directive 2006/118EC of the European Parliamen and of the Council of 12 December 2006 on the protection of groundwater agaisnt pollution and deterioration. OJ L372 dated 27-12-2006. pages 19-31.
- Nitrate directive (91/676/EEC).
Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources. OJ L375/1 31-12-1991.
Another derogation is granted to Denmark form 2 August 2004 and shall expire on 31 July 2008. It concerns maximum allowed livestock manure on cattle farms.
Commission Decision 2005/294/EC of 5 April 2005 concerning a request fro derogation under point 2(b) 0f Annex III to and Article 9 of Council Direcitve 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources. OJ L94 of 13.4.2005 p34.
and to the Netherlands.
Commission Decision 2005/880/EC of 8 December 2005 granting a derogation requested by the Netherlands pursuant to Council Directive 91/676/EEC
concerning the protection of waters against pollution caused by nitrates from agricultural sources (notified under document number C(2005) 4778)
- Surface Water intended for abstraction of drinking directive (75/440/EEC)
Council Directive 75/440/EEC of 16 June 1975 concerning the quality required of surface water intended for the abstraction of drinking water in the Member States. OJ L194/26 25-7-75.
- Drinking Water directive (80/778/EEC modified by directive 98/83/EC)
Council Directive 80/778/EEC of 15 July 1980 relating to the quality of water intended for human consumption. OJ L229/11 30-8-80.
Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption. OJ L330/32 5-12-98.
- Ground Water directive (80/68/EEC)
Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances. OJ L20/34 26-1-80.
- Bathing Water directive (76/160/EEC)
Council Directive 76/160/EEC of 8 December 1975 concerning the quality of bathing water. OJ. L31/1 of 5-2-76.
- Water and Fish directive (78/659/EEC)
Council Directive 78/659/EEC of 18 July 1978 on the quality of fresh waters needing protection or improvement in order to support fish life. OJ L222/1 14-8-1978.
- Water and Shellfish directive (79/923/EEC)
Council Directive 79/923/EEC of 30 October 1979 on the quality required of shellfish waters. OJ L281/47 10-11-1979.
- Dangerous Substances and Aquatic directive (76/464/EEC)
Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community OJ L129/23 18-5-1976
Environmental Directives on air quality and Green House Gas:
(See for more detail chapter 3.1.3.2.)
- Ambient Air Quality Assessment and Management directive (96/62/EC)
Council Directive 96/62/EC of 27 September 1996 on ambient air assessment and management. OJ L296/55 21-11-1996.
Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe OJ L152 dated 11-06-2008 pages 1-44.
- Sulphur dioxide, oxides of nitrogen and particulate matter in air (99/30/EC)
Council Directive 1999/30/EC of 22 April, 1999 relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen , particulate matter and lead in the ambient air. OJ 163 29-6-1999 p41
- Benzene and carbon monoxide in air directive (2000/69/EC)
Directive 2000/69EC of the European Parliament and of the Council of 16 November 2000 relating to limit values for benzene and carbon monoxide in ambient air. OJ L313/12 of 13.12.2000
- Arsene, cadmium, mercury, nickel and PAB's (2004/107/EC)
Directive 2004/107/EC of the European Parliament and of the Council of 15 December 2004 relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air. OJ L23 p 3 of 2601-2005.
See for a full set of reference documents under Emission values in ambient air chapter 3.1.3.
- 1992 convention on Climate Change.
United Nations Convention on Climate change 1992
See for more information chapter 3.1.3.2.
- 1997 Kyoto protocol
Kyoto protocol
See for a full set of reference documents under Emission values in Ambient air in chapter 3.1.3
Environmental Directives on biodiversity:
- Habitat directive (92/43/EEC)
Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora. OJ L206/7 22-7-1992. and Part two of the Directive
- Conservation of wild birds (79/409/EEC)
Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds. OJ L103/1 25-4-1979.
- 1992 Convention on Biological Diversity (5-June 1992)
Environmental Directives on wastes:
- Waste directive (75/442/EEC)
Council Directive 75/442/EEC of 15 July 1975 on waste Official Journal L 194 , 25/07/1975 p. 0039 - 0041
- Sewage Sludge directive (86/278/EEC).
Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture. OJ L181/6 4-7-1986.
- Urban Waste Water Treatment directive (91/271/EEC).
Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment. OJ L135/40 30-5-1991.
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