Council Directive 80/876/EEC of 15 July 1980 on the approximation of the laws of the Member States relating to straight ammonium nitrate fertilizers of high nitrogen content
Modified by
Directive 97/63/EC of the European Parliament and of the Councilof 24 November 1997amending 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, 31997L0063, December 6, 1997
Regulation (EC) No 2003/2003 of the European Parliament and of the Councilof 13 October 2003relating to fertilisers, 32003R2003, November 21, 2003
Council Directiveof 15 July 1980on the approximation of the laws of the Member States relating to straight ammonium nitrate fertilizers of high nitrogen content(80/876/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,Having regard to the proposal from the CommissionOJ No C 16, 23. 1. 1976, p. 4.,Having regard to the opinion of the European ParliamentOJ No C 125, 8. 6. 1976, p. 43.,Having regard to the opinion of the Economic and Social CommitteeOJ No C 204, 30. 8. 1976, p. 10.,Whereas Council Directive 76/116/EEC of 18 December 1975 on the approximation of the laws of the Member States relating to fertilizersOJ No L 24, 30. 1. 1976, p. 21. has already laid down Community rules on the designation, composition, labelling and packaging of the most important straight and compound fertilizers in the Community; whereas ammonium nitrate based fertilizers are the particular concern of that Directive; whereas it seems necessary, however, having regard to the particular nature of this type of fertilizer and to the requirements it entails regarding public safety, health and protection of workers, to lay down additional Community rules for these fertilizers;Whereas ammonium nitrate is the essential ingredient of a variety of products, some of which are intended for use as fertilizers and others as explosives; whereas, by reason of the divergencies between national provisions on the classification of products used as fertilizer as against other products based on ammonium nitrate, the regulations controlling the marketing of ammonium nitrate based fertilizers differ from one Member State to another; whereas by reason of such divergencies they hinder trade in straight ammonium nitrate fertilizers of high nitrogen content within the European Economic Community;Whereas such obstacles to the establishment of the common market can be reduced and even eliminated if the same requirements are adopted by all the Member States either in addition to or in place of their present laws;Whereas certain of the products covered by this Directive could in certain instances be used for purposes other than those for which they were intended, which could well endanger the security of persons and property; whereas the Member States should therefore not be prevented from taking appropriate steps to avoid such use;Whereas it is above all necessary, to this end and in the interest of public safety, to determine at Community level the characteristics and properties distinguishing straight ammonium nitrate fertilizers of high nitrogen content from varieties of ammonium nitrate used in the manufacture of products used as explosives;Whereas straight ammonium nitrate fertilizers of high nitrogen content should conform to certain characteristics to ensure that they are harmless; whereas, moreover, several Member States wish to be free to subject such fertilizers to a test of resistance to detonation before or after they are marketed;Whereas the determination of the methods of analysis and supervision, as well as any changes or additions to be made thereto to take account of technical progress, constitute measures of a technical nature whose adoption should be made the responsibility of the Commission so that the procedure may be simplified and expedited;Whereas technical progress necessitates the prompt adaptation of the technical requirements of this Directive; whereas a procedure has already been established under Articles 10 and 11 of Directive 76/116/EEC for the purpose of adapting Directives on fertilizers to technical progress,HAS ADOPTED THIS DIRECTIVE: