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Ways of placing fertilisers and supplementary substances on the market

Aug 6, 2015

Act No. 156/1998 Coll. on fertilisers, supplementary soil substances, supplementary plant preparations and substrates and on agrochemical soil testing (Act on fertilisers), as amended, it was possible to place fertilisers on the Czech market on several ways. Since May 2009 possibilities of placing on the market have extended in accordance with other European Community law (Regulation (EC) No. 764/2008 of the European Parliament and of the Council). 

Except for fertilisers which are registered on the basis of the Act (the first way of placing), it is possible to place type fertilisers on the market on the basis of so-called notification (the second way). The types of fertilisers are listed in Decree no. 474/2000 Coll., as amended, and those fertilisers may be notified or registered without an assessment.

The third option is placing fertilisers on the market as so-called EC FERTILISERS, according to Regulation (EC) No. 2003/2003 of the European Parliament and of the Council relating to fertilisers and the fourth option is so-called mutual recognition. 

All 4 ways of placing on the market exist side by side – we can find identical product in distribution network, once placing on the market on the basis of national rules (registration or notification according to the law), once on the basis of rules of European Union. Fertilisers must meet all requirements of either the regulation or the law, it is not possible to combine requirements of both standards, for example by using current label of registered fertiliser and additional designation as EC FERTILISERS . Fertilisers declared as EC FERTILISERS can be placed on the market of all Member States without further obstacles (labelling must be in national language). Registration or notification is possible only in the Czech Republic. 

Supplementary substances must always be registered before placing on the market (unless the products are placed on the market on the basis of the Mutual Recognition) according to law; it is impossible to use mode of notification or to declare them as EC FERTILISERS.

CISTA carries out official controls of fertilisers and supplementary substances; it means checks placing on the market, labelling, packing, storage, usage and takes samples of the products. 


Notification

Fertilisers which are the subject of notification may be placed on the market by an applicant upon written approval of the Central Institute for Supervising and Testing in Agriculture (CISTA). Provided that neither this approval is sent to an applicant within 30 days from the day the notification is delivered to CISTA nor the ban on placing fertiliser on the market is delivered to the applicant it is considered that CISTA issued the approval. Notification of fertilisers is free of charge.

Registry

Appropriate registration of a type fertiliser (if an applicant does not use notification) shall be finished within 60 days from the day the application form for registration is delivered to CISTA. If fertiliser does not belong to the given types of fertilisers, CISTA carries out assessment or examination of its properties using biological trials and tests or may accept an assessment or results of assessment carried out by other expert establishment. CISTA shall decide in that case within 6 months (no tests), 18 months (pot tests) or 36 months (field tests). Subsequently fertiliser is registered as non-type one. Registration of fertilisers costs 3000 CZK and an applicant meets the costs of sample analysis, eventually of biological tests, which are carried out by CISTA.

EC Fertilisers

It is necessary neither to register nor notify fertilisers declared as EC FERTILISERS in the Czech Republic - they may be placed directly on the market. The manufacturer of EC FERTILISERS  is fully responsible for satisfying the requirements of the Regulation (EC) No. 2003/2003. It is related to both specified forms and content of nutrients with using permitted tolerances and labelling and packing. Placing of EC FERTILISERS on the market is also free of charge.

Mutual Recognition

The possibility of Mutual Recognition is based on Regulation (EC) No 764/2008 of the European Parliament and of the Council, laying down procedures relating to the application of certain national technical rules to products lawfully marketed in another Member State. That is based on the free movement of goods in EU. It applies on sectors without harmonization, in this case some products which are not mentioned in Regulation (EC) No 2003/2003 of the European Parliament and of the Council relating to fertilisers (EC FERTILISERS – mineral fertilisers) It means organic and organomineral fertilisers, substrates and supplementary substances. 
Goods which are lawfully marketed in one Member State cannot be banned on sale on the territory of another Member State. If the product is registered in one Member State, it can be placed on the market in another Member States. Manufacturer or supplier must guarantee compliance with some specific national regulations of the Member State, in order to guarantee a high level of safety and consumer protection or environment. So the compliance with limit values of hazardous elements in the Czech Republic is essential. It is always necessary to label fertilisers in national language of the Member State.

Product Contact Points are established in all member states to facilitate communication; list of these places is here

If manufacturer or supplier intends to use option of Mutual Recognition, it is appropriate (no obligatory) to inform CISTA. It is possible to consult applicability of mutual recognition, check labelling and so on (free of charge).