Fertilisers

Date: 30 April 2020

Fertiliser product registrations in EU are subject to different regulatory frameworks. Currently only mineral fertilisers are regulated by a harmonised Regulation (REGULATION (EC) No 2003/2003). Fertilisers compliant with this regulation do not require a registration and can be brought freely onto the market in all EU Member States.

As part of the EU Circular Economy Action Plan, from 2022 onwards, additional product types such as biostimulants, organic fertilisers, liming materials, soil improvers or growing media will also be subject to harmonised rules. The respective REGULATION (EU) No 2019/1009 already entered into force in August 2019 but will only apply from 16 July 2022 onwards, as during the next years respective guidelines and registration procedures have to be developed. Until applicability of these harmonised rules, all fertilising products including plant aids, soil aids, biostimulants etc. are subject to national frameworks.

National rules can vary hugely between Member States. In certain countries, most fertilising products can be brought freely onto the market. Other Member States, such as Germany and Austria, require registration of products not compliant to the national positive lists whereat for most products only a product analysis in regards to nutrient and heavy metal contents is necessary. In other countries, such as France or Spain, data/study requirements may be higher depending on the type of product and can include toxicity or efficacy studies.

Based on the European Treaty and the free movement of goods in EU, mutual recognition of product registrations between Member States also applies for fertilising products. However, due to the different registration requirements, certain restrictions apply in some Member States. Therefore, regulatory applicability of the mutual recognition procedures has to be evaluated in detail in the product registration strategy. After applicability of the new harmonised rules from 2022 onwards, national registration procedures and mutual recognition will generally stay in place and complement the harmonised rules provided for by REGULATION (EU) No 2019/1009.

Anke König - Wingenfeld