UK Proposed New Fertiliser Products Regulations
The long-awaited consultation on a revised fertiliser regulation encompassing mineral fertilisers, as well as digestates, composts and other circular economy products is expected to be launched sometime in Q4, following a government announcement.
AIC is discussing with Defra what will replace the regulatory regime now the dust of EU Exit has settled.
Defra is minded to have a broad-based regulation akin to the Fertiliser Products Regulations (FPR) framework to regulate the non-mineral fertilising products now widespread on the market.
It makes sense to include a revision of the mineral products at the same time, especially if the schedule-based 2003/1991 regulations could be replaced by a set of regulations based on safety criteria that meant a schedule didn’t need to be updated for technical progress, thus allowing for innovation.
Regulation (EU) 2019/1009 – the Fertilizing Products Regulation
See the FAQs on the European Parliament website for more information.
After 16 July 2022, EC fertilisers can still be made available on the market if they ‘were placed on the market in conformity with Regulation (EC) No 2003/2003’ before that date.
This implies that the product has actually been produced and is already fully compliant with that Regulation before that date.
This must be the case for each individual product benefitting from the transitional rule in the FPR, not to merely for the type or series to which an individual product belongs.
According to Regulation (EC) No 2003/2003, the date that an EC fertiliser is "placed on the market" is when the individual product is:
- actually supplied, whether against payment or free of charge, or
- stored for the purpose of supply, or
- imported into the customs territory of the EU
What’s happening in Great Britain?
The UK continues to operate under the UK 1991 regulations and the UK 2003/2003 regulations (the old EC 2003 regulation) until further notice.
Fertiliser sold in the mainland of the UK should continue to be labelled in accordance with either the GB 1991 regulations or the 2003 regulations.
What about Northern Ireland?
Fertiliser can be sold under the UK 2003 regulations, the NI 1992 regulation or the 2019 FPR regulation.
View the guidance on the GOV.UK wesbite for more information.