Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers (Text with EEA relevance)
Modified by
  • Council Regulation (EC) No 885/2004of 26 April 2004adapting Regulation (EC) No 2003/2003 of the European Parliament and of the Council, Council Regulations (EC) No 1334/2000, (EC) No 2157/2001, (EC) No 152/2002, (EC) No 1499/2002, (EC) No 1500/2003 and (EC) No 1798/2003, Decisions No 1719/1999/EC, No 1720/1999/EC, No 253/2000/EC, No 508/2000/EC, No 1031/2000/EC, No 163/2001/EC, No 2235/2002/EC and No 291/2003/EC of the European Parliament and of the Council, and Council Decisions 1999/382/EC, 2000/821/EC, 2003/17/EC and 2003/893/EC in the fields of free movement of goods, company law, agriculture, taxation, education and training, culture and audiovisual policy and external relations, by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, 32004R0885, May 1, 2004
  • Commission Regulation (EC) No 2076/2004of 3 December 2004adapting for the first time Annex I of Regulation (EC) No 2003/2003 of the European Parliament and of the Council relating to fertilisers (EDDHSA and triple superphosphate)(Text with EEA relevance), 32004R2076, December 4, 2004
  • Council Regulation (EC) No 1791/2006of 20 November 2006adapting certain Regulations and Decisions in the fields of free movement of goods, freedom of movement of persons, company law, competition policy, agriculture (including veterinary and phytosanitary legislation), transport policy, taxation, statistics, energy, environment, cooperation in the fields of justice and home affairs, customs union, external relations, common foreign and security policy and institutions, by reason of the accession of Bulgaria and Romania, 32006R1791, December 20, 2006
  • Commission Regulation (EC) No 162/2007of 19 February 2007amending 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(Text with EEA relevance), 32007R0162, February 20, 2007
  • Commission Regulation (EC) No 1107/2008of 7 November 2008amending 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(Text with EEA relevance), 32008R1107, November 8, 2008
  • Regulation (EC) No 219/2009 of the European Parliament and of the Councilof 11 March 2009adapting 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 scrutinyAdaptation to the regulatory procedure with scrutiny — Part Two, 32009R0219, March 31, 2009
  • Commission Regulation (EC) No 1020/2009of 28 October 2009amending Regulation (EC) No 2003/2003 of the European Parliament and of the Council relating to fertilisers for the purposes of adapting Annexes I, III, IV and V thereto to technical progress(Text with EEA relevance), 32009R1020, October 29, 2009
  • Commission Regulation (EU) No 137/2011of 16 February 2011amending 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(Text with EEA relevance), 32011R0137, February 17, 2011
  • Commission Regulation (EU) No 223/2012of 14 March 2012amending 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(Text with EEA relevance), 32012R0223, March 15, 2012
  • Commission Regulation (EU) No 463/2013of 17 May 2013amending Regulation (EC) No 2003/2003 of the European Parliament and of the Council relating to fertilisers for the purposes of adapting Annexes I, II and IV thereto to technical progress(Text with EEA relevance), 32013R0463, May 18, 2013
  • Commission Regulation (EU) No 1257/2014of 24 November 2014amending 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(Text with EEA relevance), 32014R1257, November 25, 2014
  • Commission Regulation (EU) 2016/1618of 8 September 2016amending 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(Text with EEA relevance), 32016R1618, September 9, 2016
Regulation (EC) No 2003/2003 of the European Parliament and of the Councilof 13 October 2003relating to fertilisers(Text with EEA relevance) TITLE IGENERAL PROVISIONSCHAPTER IScope and definitions
Article 1ScopeThis Regulation shall apply to products which are placed on the market as fertilisers designated "EC fertiliser".
Article 2DefinitionsFor 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 Community legislation, is given on a label of an EC 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)"European Standard" means CEN (European Committee for Standardisation) standards, which have been officially recognised by the Community and whose reference has been published in the Official Journal of the European Communities.(u)"Package" means a sealable receptacle used to hold, protect, handle, and distribute fertilisers and holding not more than 1000 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 customs territory of the European Community 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.
CHAPTER IIPlacing on the market
Article 3EC FertiliserA fertiliser belonging to a type of fertilisers listed in Annex I and complying with the conditions laid down in this Regulation, may be designated "EC fertiliser".The designation "EC fertiliser" shall not be used for a fertiliser which does not comply with this Regulation.
Article 4Establishment within the CommunityThe manufacturer shall be established within the Community and shall be responsible for the conformity of the "EC fertiliser" with the provisions of this Regulation.
Article 5Free circulation1.Without prejudice to Article 15 and other Community legislation, Member States shall not, on grounds of composition, identification, labelling or packaging, and other provisions contained in this Regulation, prohibit, restrict or hinder the placing on the market of fertilisers marked "EC fertiliser" which comply with the provisions of this Regulation.2.Fertilisers that are marked "EC fertiliser" in accordance with this Regulation shall circulate freely within the Community.
Article 6Compulsory statements1.In order to satisfy the requirements of Article 9, Member States may prescribe that the indication of the nitrogen, phosphorus and potassium contents of fertilisers placed on their 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.Member States may 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 their markets 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.Member States shall not prevent the placing on the market of an "EC 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 EC 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 EC 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.
Article 7Identification1.The manufacturer shall provide EC 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.
Article 8TraceabilityWithout prejudice to Article 26(3), the manufacturer shall, to ensure traceability of EC fertilisers, maintain records of the origin of the fertilisers. These records shall be available for inspection by Member States 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.
Article 9Markings1.Without prejudice to other Community rules, the packages, labels and accompanying documents, referred to in Article 7 shall bear the following markings:(a)Compulsory identificationThe words "EC 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 identificationAs 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.4.Detailed rules for the application of this Article shall be adopted under the procedure referred to in Article 32(2).
Article 10Labelling1.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 11LanguagesThe label, the markings on the package and the accompanying documents must appear in at least the national language or languages of the Member State in which the EC fertiliser is marketed.
Article 12PackagingIn the case of packaged EC 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.
Article 13Tolerances1.The nutrient content of EC 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.
Article 14Fertiliser requirementsA 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 15Safeguard clause1.Where a Member State has justifiable grounds for believing that a specific EC 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, it may temporarily prohibit the placing on the market of that fertiliser in its territory or make it subject to special conditions. It shall immediately inform the other Member States and the Commission thereof, giving the reasons for its decision.2.The Commission shall adopt a decision on the matter within 90 days from the receipt of the information in accordance with the procedure referred to in Article 32(2).3.The provisions of this Regulation shall not preclude the taking of measures by the Commission or by a Member State which are justified on grounds of public security to prohibit, restrict or hinder the placing on the market of EC fertilisers.
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