Fertilizers CE
Regulation 2019/1009 entered into force on 15th July 2019 and, after a three-year transitional period, will apply from 16 th July 2022. Until then, the current Regulation 2003/2003 on fertilizers is still in force. The new regulation establishes a list of categories according to the function of the product - fertilizers, liming materials, soil improvers, growing media, inhibitors, plant biostimulants and blends. There is a positive list of materials that can be used as ingredients in the production of fertilizing products (including contaminant limits), labelling rules and the way how compliance with the requirements of the Regulation will be demonstrated.
Conformity assessment will vary according to the product category. For common categories (e.g. mineral fertilizers, digestates from energy crops, sugar factory lime ...) the conformity assessment will be up to the manufacturer, who will perform the so-called self-certification. For other product groups (animal by-products of category 2 + 3, plant biostimulants, processed plants, plant parts or plant extracts ...) the assessment will be performed by a third party, i.e. an accredited conformity body (so-called notified body). The notified body shall examine the manufacturer's technical documentation, supporting evidence (analysis reports, samples ...) and shall issue a certificate - in case the findings are satisfactory. The strictest regime (module) is intended for composts and digestates other than those made from energy crops - the manufacturer must have its own quality system of the production process (e.g. ISO). The assessment will also be carried out by a notified body in this case. Preliminarily, several entities in the EU (no one in the Czech Republic yet) are interested in the function of a notified body; we monitor the development of the situation.
Harmonization under the new regulation is not mandatory. It will be possible to place a fertilizing product on the market in accordance with this Regulation and to affix the "CE" marking to the product, indicating compliance with the requirements of the Regulation. This will then allow free trade throughout the EU. Another possibility for the legal placing on the market of a fertilizing product will remain, as before, the relevant legislation of a specific EU member state.; in the Czech Republic, there is Act No. 156/1998 Coll., on fertilizers. The principle of mutual recognition for non-harmonized products will also be maintained.