Commission Regulation (EU) No 223/2012 of 14 March 2012 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 Text with EEA relevance
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) THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisersOJ L 304, 21.11.2003, p. 1., and in particular Article 31(1) and (3) thereof,Whereas:(1)Article 3 of Regulation (EC) No 2003/2003 provides that a fertiliser belonging to a type of fertiliser listed in Annex I thereto and complying with the conditions laid down in that Regulation may be designated EC fertiliser.(2)The fertiliser types listed in Annex I to Regulation (EC) No 2003/2003 include some types that may be sold only in the form of fine powders, and other types that may also be sold in the form of suspensions. Fertilisers in the form of suspensions pose less risk to the health of farmers when used in conditions under which the use of fine powders would result in the inhalation of dusts. To reduce the exposure of farmers to dusts, the option of using suspensions should be extended to include manganese micronutrient fertiliser types, and the range of ingredients permitted in existing boron and copper fertiliser suspensions should also be extended.(3)Regulation (EC) No 2003/2003 foresees the use of complexing agents as ingredients in micro-nutrient fertilisers. However, no such fertilisers have been designated EC fertiliser because no list of authorised complexing agents has yet been established in Annex I to that Regulation and because there are no type designations for fertiliser containing complexing agents. Given that suitable complexing agents (lignosulfonic acid salts – hereinafter "LS") are now available, they should be added to the list of authorised complexing agents and corresponding type designations should be created. Existing type designations for fertiliser solutions should also be adapted to allow the use of complexing agents, but each such solution should not contain more than one complexing agent to facilitate official controls.(4)The new rules for micronutrient solutions and suspensions require relabelling of those fertiliser types. However, fertilisers labelled according to the old rules will remain in stock for some time. Manufacturers should therefore be allowed sufficient time to prepare new labels and to sell off all existing stocks.(5)Regulation (EC) No 2003/2003 provides a set of rules for the labelling of mixed micro-nutrient fertilisers but does not provide for the corresponding type designations in its Annex I. Regulation (EU) No 137/2011 introduced Table E.2.4 in Section E.2 of Annex I to Regulation (EC) No 2003/2003 containing the corresponding type designations and clearer rules for mixtures of micro-nutrient fertilisers. However, Table E.2.4 requires some labelling information, which in certain cases would not be in conformity with that required by Articles 6(6) and 23(2) of Regulation (EC) No 2003/2003. Table E.2.4 should therefore be amended accordingly. A transitional period should be granted to allow economic operators to adapt to the new rules and sell off their stocks of mixed micro-nutrient fertilisers.(6)N,N’-di(2-hydroxybenzyl)ethylenediamine-N,N’-diacetic acid (hereinafter "HBED") is an organic chelating agent for micro-nutrients. In particular, iron chelated with HBED is used to correct iron shortages and to remedy ferric chlorosis for a large variety of fruit trees. The elimination of ferric chlorosis and its symptoms ensures green foliage, good growth and development of the fruit. The iron chelated form of HBED has been authorised in Poland without any damage for the environment. HBED should therefore be added to the list of authorised organic chelating agents for micro-nutrients in Annex I to Regulation (EC) No 2003/2003. However, it is appropriate to provide for a transitional period so that HBED is authorised after the publication of the corresponding EN Standard.(7)Dicyandiamide/1,2,4 triazole (hereinafter "DCD/TZ") and 1,2,4 triazole/3-methylpyrazole (hereinafter "TZ/MP") are nitrification inhibitors that are used in combination with fertilisers containing the nutrient nitrogen in the form of urea and/or ammonium salts. Those inhibitors prolong the availability of nitrogen to crops, reduce nitrate leaching, and reduce emissions of nitrous oxide to the atmosphere.(8)N-(2-nitrophenyl)phosphoric triamide (hereinafter "2-NPT") is a urease inhibitor designed for urea-containing nitrogen fertilisers to increase the availability of nitrogen to plants while reducing emissions of ammonia to the atmosphere.(9)DCD/TZ, TZ/MP and 2-NPT have been used in Germany and DCD/TZ and TZ/MP in the Czech Republic for many years where they have been shown to be efficient and to pose no risk to the environment. DCD/TZ, TZ/MP and 2-NPT should therefore be added to the list of authorized nitrification and urease inhibitors in Annex I to Regulation (EC) No 2003/2003 to make them more widely available to farmers throughout the Union.(10)Regulation (EC) No 2003/2003 requires the control of EC fertilisers in accordance with the methods of sampling and analysis that are described in Annex IV thereto. However, some of those methods are not internationally recognised and should be replaced by EN standards recently developed by the European Committee for Standardisation.(11)EN standards are usually validated by means of an inter-laboratory comparison to quantify the reproducibility and repeatability of the analytical methods. A distinction between validated EN Standards and non-validated methods should therefore be made to identify those EN Standards which have proven statistical reliability.(12)To simplify legislation and facilitate future revision, it is appropriate to replace the full text of the analytical methods in Annex IV to Regulation (EC) No 2003/2003 with references to the EN standards published by the European Committee for Standardisation.(13)Regulation (EC) No 2003/2003 should therefore be amended accordingly.(14)The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 32 of Regulation (EC) No 2003/2003,HAS ADOPTED THIS REGULATION:
Article 1Amendments1.Annex I to Regulation (EC) No 2003/2003 is amended in accordance with Annex I to this Regulation.2.Annex IV to Regulation (EC) No 2003/2003 is amended in accordance with Annex II to this Regulation.
Article 2Entry into forceThis Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.Point (1)(a), points (b)(i), (c)(i), (c)(ii), (d)(i), (e)(i), (f)(i) and point (2) of Annex I shall apply by 4 April 2013.Annex I, point (3) entry 11 shall apply from 4 July 2012.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 14 March 2012.For the CommissionThe PresidentJosé Manuel BarrosoANNEX IAnnex I to Regulation (EC) No 2003/2003 is amended as follows:(1)Section E.1 is amended as follows:(a)In Section E.1.1, entry 1f is replaced by the following:
"1fBorated fertiliser in suspensionProduct obtained by suspending types 1a and/or 1b and/or 1c and/or 1d in water2 % total BThe designation must include the names of the constituents presentTotal boron (B)Water-soluble boron (B) if present"
(b)Section E.1.2 is amended as follows:(i)entry 2c is replaced by the following:
"2cCobalt fertiliser solutionAqueous solution of types 2a and/or 2b or 2d2 % water-soluble CoWhen types 2a and 2d are mixed, the complexed fraction must be at least 40 % of the water-soluble CoThe designation must include:(1)the name(s) of the mineral anion(s), if present(2)the name of any authorised chelating agent that chelates at least 1 % water-soluble cobalt if present and that can be identified and quantified by a European standardorthe name of the authorised complexing agent that can be identified by a European standard, if presentWater-soluble cobalt (Co)Cobalt (Co) chelated by each authorised chelating agent that chelates at least 1 % water-soluble cobalt and that can be identified and quantified by a European standardCobalt (Co) complexed by the authorised complexing agent that can be identified by a European StandardOptional: total cobalt (Co) chelated by authorised chelating agent(s)"
(ii)the following entry 2d is added:
"2dCobalt complexWater-soluble product containing cobalt chemically combined with one authorised complexing agent5 % of water-soluble Co and the complexed fraction must be at least 80 % of the water-soluble cobaltThe designation must include the name of the authorised complexing agent that can be identified by a European StandardWater-soluble cobalt (Co)Total cobalt (Co) complexed"
(c)Section E.1.3 is amended as follows:(i)entry 3f is replaced by the following:
"3fCopper fertiliser solutionAqueous solution of types 3a and/or 3d or 3i2 % water-soluble CuWhen types 3a and 3i are mixed, the complexed fraction must be at least 40 % of the water-soluble CuThe designation must include:(1)the name(s) of the mineral anion(s), if present(2)the name of any authorised chelating agent that chelates at least 1 % water-soluble copper if present and that can be identified and quantified by a European standardorthe name of the authorised complexing agent that can be identified by a European standardWater-soluble copper (Cu)Copper (Cu) chelated by each authorised chelating agent that chelates at least 1 % water-soluble copper and that can be identified and quantified by a European standardCopper (Cu) complexed by the authorised complexing agent that can be identified by a European StandardOptional: Total copper (Cu) chelated by authorised chelating agent(s)"
(ii)entry 3h is replaced by the following:
"3hCopper fertiliser in suspensionProduct obtained by suspending types 3a and/or 3b and/or 3c and/or 3d and/or 3g in water17 % total CuThe designation must include:(1)the name(s) of the anions, if present(2)the name of any authorised chelating agent that chelates at least 1 % water-soluble copper if present and that can be identified and quantified by a European standardTotal copper (Cu)Water-soluble copper (Cu) if presentCopper (Cu) chelated by each authorised chelating agent that chelates at least 1 % water-soluble copper and that can be identified and quantified by a European standard"
(iii)the following entry 3i is added:
"3iCopper complexWater-soluble product containing copper chemically combined with one authorised complexing agent5 % of water-soluble Cu and the complexed fraction must be at least 80 % of the water-soluble copperThe designation must include the name of the authorised complexing agent that can be identified by a European StandardWater-soluble copper (Cu)Total copper (Cu) complexed"
(d)Section E.1.4 is amended as follows:(i)entry 4c is replaced by the following:
"4cIron fertiliser solutionAqueous solution of types 4a and/or 4b or 4d2 % water-soluble FeWhen types 4a and 4d are mixed, the complexed fraction must be at least 40 % of the water-soluble FeThe designation must include:(1)the name(s) of the mineral anion(s), if present(2)the name of any authorised chelating agent that chelates at least 1 % water-soluble iron if present and that can be identified and quantified by a European standardorthe name of the authorised complexing agent that can be identified by a European standardWater-soluble iron (Fe)Iron (Fe) chelated by each authorised chelating agent that chelates at least 1 % water-soluble iron and that can be identified and quantified by a European standardIron (Fe) complexed by the authorised complexing agent that can be identified by a European StandardOptional: total iron (Fe) chelated by authorised chelating agent(s)"
(ii)the following entry 4d is added:
"4dIron complexWater-soluble product containing iron chemically combined with one authorised complexing agent5 % of water-soluble Fe and the complexed fraction must be at least 80 % of the water-soluble ironThe designation must include the name of the authorised complexing agent that can be identified by a European StandardWater-soluble iron (Fe)Total iron (Fe) complexed"
(e)Section E.1.5 is amended as follows:(i)entry 5e is replaced by the following:
"5eManganese fertiliser solutionAqueous solution of types 5a and/or 5b or 5g2 % water-soluble MnWhen types 5a and 5g are mixed, the complexed fraction must be at least 40 % of the water-soluble MnThe designation must include:(1)the name(s) of the mineral anion(s), if present(2)the name of any authorised chelating agent that chelates at least 1 % water-soluble manganese if present and that can be identified and quantified by a European standardorthe name of the authorised complexing agent that can be identified by a European standardWater-soluble manganese (Mn)Manganese (Mn) chelated by each authorised chelating agent that chelates at least 1 % water-soluble manganese and that can be identified and quantified by a European standardManganese (Mn) complexed by the authorised complexing agent that can be identified by a European StandardOptional: total manganese (Mn) chelated by authorised chelating agent(s)"
(ii)the following entries 5f and 5g are added:
"5fManganese fertiliser in suspensionProduct obtained by suspending types 5a and/or 5b and/or 5c in water17 % total MnThe designation must include:(1)the name(s) of the anions, if present(2)the name of any authorised chelating agent that chelates at least 1 % water-soluble manganese if present and that can be identified and quantified by a European standardTotal manganese (Mn)Water-soluble manganese (Mn) if presentManganese (Mn) chelated by each authorised chelating agent that chelates at least 1 % water-soluble manganese and that can be identified and quantified by a European standard
5gManganese complexWater-soluble product containing manganese chemically combined with one authorised complexing agent5 % of water-soluble Mn and the complexed fraction must be at least at least 80 % of the water-soluble manganeseThe designation must include the name of the authorised complexing agent that can be identified by a European StandardWater-soluble manganese (Mn)Total manganese (Mn) complexed"
(f)Section E.1.7 is amended as follows:(i)entry 7e is replaced by the following:
"7eZinc fertiliser solutionAqueous solution of types 7a and/or 7b or 7g2 % water-soluble ZnWhen types 7a and 7g are mixed, the complexed fraction must be at least 40 % of the water-soluble ZnThe designation must include:(1)the name(s) of the mineral anion(s), if present(2)the name of any authorised chelating agent that chelates at least 1 % water-soluble zinc if present and that can be identified and quantified by a European standardorthe name of the authorised complexing agent that can be identified by a European standardWater-soluble zinc (Zn)Zinc (Zn) chelated by each authorised chelating agent that chelates at least 1 % water-soluble zinc and that can be identified and quantified by a European standardZinc (Zn) complexed by the authorised complexing agent that can be identified by a European StandardOptional: total zinc (Zn) chelated by authorised chelating agent(s)"
(ii)the following entry 7g is added:
"7gZinc complexWater-soluble product containing zinc chemically combined with one authorised complexing agent5 % of water-soluble zinc and the complexed fraction must be at least 80 % of the water-soluble zincThe designation must include the name of the authorised complexing agent that can be identified by a European StandardWater-soluble zinc (Zn)Total zinc (Zn) complexed"
(2)in Section E.2, Table E.2.4 is replaced by the following:
"NoType designationData on method of production and essential requirementsMinimum content of nutrients (percentage by weight)Data on expression of nutrientsOther requirementsOther data on the type designationNutrient content to be declaredForms and solubilities of the micro-nutrientsOther criteria
123456
1Mixture of micro-nutrientsProduct obtained by mixing two or more E.1 types of fertiliser or obtained by dissolving and/or suspending two or more E.1 types of fertiliser in water(1)5 % total content for a solid mixtureor(2)2 % total content for a fluid mixtureIndividual micro-nutrients according to Section E.2.1Name of each micronutrient and its chemical symbol present listed in alphabetical order of their chemical symbols followed by the name(s) of its counter-ion(s) immediately after the type designation.Total content of each micro-nutrient expressed as percentage of the fertiliser by mass, except where a micro-nutrient is totally water-soluble.Water-soluble content of each micro-nutrient expressed as 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 micro-nutrient shall be declared immediately following the water-soluble content as a percentage of the fertiliser by mass, followed by one of the terms "chelated by" or "complexed by" with the name of each authorised chelating or complexing agent(s) as set out in Section E.3. The name of the organic molecule may be replaced by its initials.The following statement below the compulsory and optional declarations: "To be used only where there is a recognised need. Do not exceed the appropriate dose rate"."
(3)Section E.3.1 is replaced by the following:"E.3.1.Chelating agentsThe chelating agents are to be identified and quantified by the European Standards that cover the mentioned chelating agents."Acids, or sodium, potassium or ammonium salts of:
For information only.;
NoDesignationAlternative designationChemical formulaCAS number of the acid
1Ethylenediaminetetraacetic acidEDTAC10H16O8N260-00-4
22-hydroxyethylethylenediaminetriacetic acidHEEDTAC10H18O7N2150-39-0
3diethylenetriaminepentaacetic acidDTPAC14H23O10N367-43-6
4ethylenediamine- N,N’-di[(ortho-hydroxyphenyl)acetic acid][o,o] EDDHAC18H20O6N21170-02-1
5ethylenediamine- N-[(ortho-hydroxyphenyl)acetic acid]- N’-[(para-hydroxyphenyl)acetic acid][o,p] EDDHAC18H20O6N2475475-49-1
6ethylenediamine- N,N’-di[(ortho-hydroxy-methylphenyl)acetic acid][o,o] EDDHMAC20H24O6N2641632-90-8
7ethylenediamine- N-[(ortho-hydroxy-methylphenyl)acetic acid]- N’-[(para-hydroxy-methylphenyl)acetic acid][o,p] EDDHMAC20H24O6N2641633-41-2
8ethylenediamine- N,N’-di[(5-carboxy-2-hydroxyphenyl)acetic acid]EDDCHAC20H20O10N285120-53-2
9ethylenediamine- N,N’-di[(2-hydroxy-5-sulfophenyl)acetic acid] and its condensation productsEDDHSAC18H20O12N2S2 + n*(C12H14O8N2S)57368-07-7 and 642045-40-7
10Iminodisuccinic acidIDHAC8H11O8N131669-35-7
11N,N’-di(2-hydroxybenzyl)ethylenediamine-N,N’-diacetic acidHBEDC20H24N2O635998-29-9
----------------------
The chelating agents are to be identified and quantified by the European Standards that cover the mentioned chelating agents."For information only.;(4)Section E.3.2 is replaced by the following:"E.3.2.Complexing agentsThe complexing agents are to be identified by the European Standards that cover the mentioned complexing agents.";The following complexing agents are only permitted in products for fertigation and/or foliar application, except for Zn lignosulfonate, Fe lignosulfonate, Cu lignosulfonate and Mn lignosulfonate that can be applied directly to the soil.Acids, or sodium, potassium or ammonium salts of:
For information only.
NoDesignationAlternative designationChemical formulaCAS number of the acid
1Lignosulfonic acidLSNo chemical formula available8062-15-5
----------------------
The complexing agents are to be identified by the European Standards that cover the mentioned complexing agents.";For information only.(5)in Section F.1, the following entries are added:
"2Product containing dicyandiamide (DCD) and 1,2,4-triazole (TZ)EC# EINECS No 207-312-8EC# EINECS No 206-022-9Minimum 2,0Maximum 4,0Mixture ratio 10:1(DCD:TZ)
3Product containing 1,2,4-triazole (TZ) and 3-methylpyrazole (MP)EC# EINECS No 206-022-9EC# EINECS No 215-925-7Minimum 0,2Maximum 1,0Mixture ratio 2:1(TZ:MP)"
(6)in Section F.2, the following entry is added:
"2N-(2-nitrophenyl)phosphoric triamide (2-NPT)EC# EINECS No 477-690-9Minimum 0,04Maximum 0,15"
ANNEX IISection B of Annex IV to Regulation (EC) No 2003/2003 is amended as follows:(1)methods 3.1.1 to 3.1.4 are replaced by the following:"Method 3.1.1Extraction of phosphorus soluble in mineral acidsEN 15956: Fertilizers – Extraction of phosphorus soluble in mineral acidsThis method of analysis has been ring-tested.Method 3.1.2Extraction of phosphorus soluble in 2 % formic acidEN 15919: Fertilizers – Extraction of phosphorus soluble in 2 % formic acidThis method of analysis has not been ring-tested.Method 3.1.3Extraction of phosphorus soluble in 2 % citric acidEN 15920: Fertilizers – Extraction of phosphorus soluble in 2 % citric acidThis method of analysis has not been ring-tested.Method 3.1.4Extraction of phosphorus which is soluble in neutral ammonium citrateEN 15957: Fertilizers – Extraction of phosphorus which is soluble in neutral ammonium citrateThis method of analysis has been ring-tested.";(2)methods 3.1.5.1 to 3.1.5.3 are replaced by the following:"Method 3.1.5.1Extraction of soluble phosphorus according to Petermann at 65 °CEN 15921: Fertilizers – Extraction of phosphorus according to Petermann at 65 °CThis method of analysis has not been ring-tested.Method 3.1.5.2Extraction of the soluble phosphorus according to Petermann at ambient temperatureEN 15922: Fertilizers – Extraction of phosphorus according to Petermann at ambient temperatureThis method of analysis has not been ring-tested.Method 3.1.5.3Extraction of phosphorus soluble in Joulie’s alkaline ammonium citrateEN 15923: Fertilizers – Extraction of phosphorus in Joulie’s alkaline ammonium citrateThis method of analysis has not been ring-tested.";(3)method 3.1.6 is replaced by the following:"Method 3.1.6Extraction of water soluble phosphorusEN 15958: Fertilizers – Extraction of water soluble phosphorusThis method of analysis has been ring-tested.";(4)method 3.2 is replaced by the following:"Method 3.2Determination of extracted phosphorusEN 15959: Fertilizers – Determination of extracted phosphorusThis method of analysis has been ring-tested.";(5)methods 7.1 and 7.2 are replaced by the following:"Method 7.1Determination of the fineness of grinding (dry procedure)EN 15928: Fertilizers – Determination of the fineness of grinding (dry procedure)This method of analysis has not been ring-tested.Method 7.2Determination of the fineness of grinding of soft natural phosphatesEN 15924: Fertilizers – Determination of the fineness of grinding of soft natural phosphatesThis method of analysis has not been ring-tested.";(6)methods 8.1 to 8.5 are replaced by the following:"Method 8.1Extraction of total calcium, total magnesium, total sodium and total sulphur in the forms of sulphatesEN 15960: Fertilizers – Extraction of total calcium, total magnesium, total sodium and total sulphur in the forms of sulphatesThis method of analysis has not been ring-tested.Method 8.2Extraction of total sulphur present in various formsEN 15925: Fertilizers – Extraction of total sulphur present in various formsThis method of analysis has not been ring-tested.Method 8.3Extraction of water soluble calcium, magnesium, sodium and sulphur (in the form of sulphates)EN 15961: Fertilizers – Extraction of water soluble calcium, magnesium, sodium and sulphur (in the form of sulphates)This method of analysis has not been ring-tested.Method 8.4Extraction of water soluble sulphur where the sulphur is in various formsEN 15926: Fertilizers – Extraction of water soluble sulphur where the sulphur is in various formsThis method of analysis has not been ring-tested.Method 8.5Extraction and determination of elemental sulphurEN 16032: Fertilizers – Extraction and determination of elemental sulphurThis method of analysis has not been ring-tested.";(7)the following method 8.11 is inserted:"Method 8.11Determination of calcium and formate in calcium formateEN 15909: Fertilizers – Determination of calcium and formate in calcium foliar fertilizersThis method of analysis has been ring-tested.";(8)method 11.3 is replaced by the following:"Method 11.3Determination of iron chelated by o,o-EDDHA, o,o-EDDHMA and HBEDEN 13368-2: Fertilizers – Determination of chelating agents in fertilizers by chromatography. Part 2: Determination of Fe chelated by o,o-EDDHA, o,o-EDDHMA and HBED by ion pair-chromatographyThis method of analysis has been ring-tested.";(9)the following methods 11.6, 11.7 and 11.8 are inserted:"Method 11.6Determination of IDHAEN 15950: Fertilizers – Determination of N-(1,2-dicarboxyethyl)-D,L-aspartic acid (Iminodisuccinic acid, IDHA) using high-performance liquid chromatography (HPLC)This method of analysis has been ring-tested.Method 11.7Determination of lignosulfonatesEN 16109: Fertilizers – Determination of micro-nutrient ions complexed in fertilizers – Identification of lignosulfonatesThis method of analysis has been ring-tested.Method 11.8Determination of the complexed micro-nutrient content and of the complexed fraction of micro-nutrientsEN 15962: Fertilizers – Determination of the complexed micro-nutrient content and of the complexed fraction of micro-nutrientsThis method of analysis has been ring-tested.";(10)the following methods 12.3, 12.4 and 12.5 are inserted:"Method 12.3Determination of 3-methylpyrazoleEN 15905: Fertilizers – Determination of 3-methylpyrazole (MP) using high-performance liquid chromatography (HPLC)This method of analysis has been ring-tested.Method 12.4Determination of TZEN 16024: Fertilizers – Determination of 1H,1,2,4-triazole in urea and in fertilizers containing urea – Method using high-performance liquid chromatography (HPLC)This method of analysis has been ring-tested.Method 12.5Determination of 2-NPTEN 16075: Fertilizers – Determination of N-(2-nitrophenyl)phosphoric triamide (2-NPT) in urea and fertilizers containing urea – Method using high-performance liquid chromatography (HPLC)This method of analysis has been ring-tested.".