Commission Delegated Regulation (EU) 2022/973 of 14 March 2022 supplementing Regulation (EU) 2019/1009 of the European Parliament and of the Council by laying down criteria on agronomic efficiency and safety for the use of by-products in EU fertilising products (Text with EEA relevance)

• CELEX: Delegated Regulation (EU) 2022/973
• Articles: 5

Article 1

1.   By-products belonging to Component Material Category (CMC) 11 referred to in Part II of Annex II to Regulation (EU) 2019/1009, which provide nutrients to plants or mushrooms or improve their nutrition efficiency, shall meet the following criteria for agronomic efficiency and safety:

(a)

contain at least 95 % by dry matter of ammonium salts, sulphate salts, phosphate salts, elemental sulphur, calcium carbonate or calcium oxide, or mixtures thereof;

(b)

are produced as an integral part of a production process that uses as input materials substances and mixtures, other than animal by-products or derived products within the scope of Regulation (EC) No 1069/2009 of the European Parliament and of the Council  ( 8 ) ;

(c)

have an organic carbon (C org ) content of no more than 0,5 % of the dry matter of the by-product;

(d)

contain no more than 6 mg/kg dry matter of polycyclic aromatic hydrocarbons (PAH 16 )  ( 9 ) ;

(e)

contain no more than 20 ng WHO toxicity equivalents  ( 10 ) /kg dry matter of the polychlorinated dibenzo-para-dioxins and dibenzofurans (PCDD/PCDF)  ( 11 ) .

An EU fertilising product containing or consisting of by-products providing nutrients to plants or mushrooms or improving their nutrition efficiency shall contain no more than:

(a)

400 mg/kg dry matter of total chromium (Cr);

(b)

2 mg/kg dry matter of thallium (Tl).

2.   By-products belonging to CMC 11 referred to in Part II of Annex II to Regulation (EU) 2019/1009, which are used as technical additives, shall meet the following criteria for agronomic efficiency and safety:

(a)

have the role to improve the safety or agronomic efficiency of the EU fertilising product;

(b)

are present in the EU fertilising product at a total concentration of no more than 5 % by mass;

(c)

contain no more than 6 mg/kg dry matter of polycyclic aromatic hydrocarbons (PAH 16 );

(d)

contain no more than 20 ng WHO toxicity equivalents  ( 12 ) /kg dry matter of the polychlorinated dibenzo-para-dioxins and dibenzofurans (PCDD/PCDF).

Article 2

1.   The criteria laid down in Article 1 do not apply to by-products belonging to CMC 11 referred to in Part II of Annex II to Regulation (EU) 2019/1009, which are either of the following:

(a)

mother liquor from the reaction of 5(β-methyl-thioethyl)-hydantoin with potassium carbonate in the methionine production process;

(b)

residues from the processing and purification of minerals and ores, if they contain calcium carbonates, magnesium carbonates, calcium sulphates, magnesium oxide, phosphate salts, and/or water-soluble salts of potassium, magnesium or sodium, in a total content of more than 60 % dry matter of the residues;

(c)

post-distillation liquid from Solvay process;

(d)

carbide lime from acetylene production;

(e)

ferrous slags;

(f)

substances derived from ore concentrate processing and metal surface treatment that contain at least 2 % by mass of di- or tri-valent transition metal cations (zinc (Zn), copper (Cu), iron (Fe), manganese (Mn) or cobalt (Co)) in solution;

(g)

humic and fulvic acids from drinking water discolouration.

2.   The activity concentration values of naturally occurring radionuclides from the U-238 and Th-232 series in an EU fertilising product containing or consisting of residues from the processing or purification of sedimentary phosphate ore in accordance with paragraph 1, point (b) shall not exceed 1 kBq/kg of the product.

3.   An EU fertilising product containing or consisting of by-products referred to in points (e) and (f) of the first paragraph shall contain no more than:

(a)

400 mg/kg dry matter of total chromium (Cr);

(b)

2 mg/kg dry matter of thallium (Tl);

(c)

600 mg/kg dry matter of vanadium (V).

Article 3

Where compliance with a given requirement laid down in Article 1(1), first subparagraph, points (d) and (e), Article 1(1), second subparagraph, Article 1(2), points (c) and (d), and Article 2(2) and (3), follows certainly and uncontestably from the nature or manufacturing process of the by-product or of the EU fertilising product containing such a by-product, as applicable, that compliance may be presumed in the conformity assessment procedure without verification (such as testing), at the responsibility of the manufacturer.

Article 4

1.   Where an EU fertilising product contains or consists of by-products referred to in Article 1(1), first subparagraph and in Article 2, first paragraph, points (b) to (f), and has a selenium (Se) content exceeding 10 mg/kg dry matter, the selenium content shall be indicated.

2.   Where an EU fertilising product contains or consists of by-products referred to in Article 1(1), first subparagraph and in Article 2, first paragraph, points (b), (c) and (g), and has a chloride (Cl-) content exceeding 30 g/kg dry matter, the chloride content shall be indicated, unless the EU fertilising product is produced through a manufacturing process where chloride containing substances or mixtures have been used with the intention of producing or including alkali metal salts or alkaline earth metal salts, and information on these salts is provided in accordance with Annex III.

3.   When the content of selenium or chloride is indicated in accordance with paragraphs 1 and 2, it shall be clearly separated from nutrient declaration and it may be expressed as a range of values.

4.   Where the fact that such an EU fertilising product contains selenium or chloride below the limit values in paragraphs 1 and 2 follows certainly and uncontestably from the nature or manufacturing process of the by-product or of the EU fertilising product containing such a by-product, as applicable, the label may contain no information on these parameters, without verification (such as testing), at the responsibility of the manufacturer.

Article 5

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

This Regulation shall apply from 16 July 2022.