ANNEX IIISupplementary provisions
ANNEX III Annex VIII is replaced by the following: ‘ANNEX VIII Name of the good Combined Nomenclature (CN) code ( 1 ) Potassium chloride with a potassium content evaluated as K 2 O, by weight, not exceeding 40 % on the dry anhydrous product 3104 20 10 Potassium chloride with a potassium content evaluated as K 2 O, by weight, exceeding 62 % on the dry anhydrous product ( * ) 3104 20 90 Mineral or chemical fertilisers containing the three fertilising elements nitrogen, phosphorus and potassium 3105 20 10 3105 20 90 Mineral or chemical fertilisers containing the two fertilising elements phosphorus and potassium 3105 60 00 Other fertilisers containing potassium chloride ex 3105 90 20 ex 3105 90 80 ’. ( 1 ) https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:L:2020:361:FULL&from=EN ( * ) When, as confirmed by necessary documents issued by an accredited laboratory, the potassium content was initially measured as not exceeding 62 %, but it is measured subsequently by a competent authority as exceeding this threshold, then the content of potassium will be considered as the result of the competent authority measurement reduced by: — the tolerance in absolute value in percentage by mass in accordance with Annex II to Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to EC fertilisers and; — as of 16 July 2022, the tolerance in percentage points in absolute terms set out in Part III of Annex III to Regulation (EU) 2019/1009 of the European Parliament and of the Council of 5 June 2019 laying down rules on the making available on the market of EU fertilising products and amending Regulations (EC) No 1069/2009 and (EC) No 1107/2009 and repealing Regulation (EC) No 2003/2003 relating to EC fertilisers. Assessment of the potassium content of potash products by a competent authority in order to verify compliance with this Regulation will be done prior to release of the potash products for free circulation in the Union.