Fertilisers, composting preparations, soil improvers, growing media and biostimulants.
Draft Order on fertiliser and soil improvers, etc.
The Order shall replace the current Order No 862 of 27 August 2008 on fertiliser and soil improvers, etc., previously notified in accordance with Directive 98/34/EC of the European Parliament and of the Council (notification number: 2007/0678/DK). The rules which are amended in relation to the current Order are highlighted in the draft Order correctly.
The Order shall amend the current Order as follows:
1. Regulation as a consequence of the new Regulation on Fertilisers
This Order lays down the necessary rules for Danish authorities to administer 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.
2. Regulation of biostimulants
The Order lays down rules on the notification and labelling of non-harmonised biostimulants — i.e. biostimulants not placed on the market under the rules of Regulation 2019/1009.
Biostimulants are defined in Section 2(3) of the Order. The definition corresponds to the definition of biostimulants resulting from the Regulation on Fertilisers (Regulation 2019/1009) Annex 1, Part II.
2.1. Notification of biostimulants
Section 6(4) of the Order lays down specific rules on the notification of biostimulants which are not placed on the market as an EU fertilising product.
The notification of such biostimulants shall include information on all added ingredients in the biostimulant and, if the biostimulant contains an identified pesticide active substance, provide evidence that the biostimulant is not intended for a purpose covered by Article 2(1)(a) to (e) of the Regulation on Pesticides.
The reason for these additional requirements on documentation in connection with notification is that, as part of its monitoring of compliance with the rules, the Danish Agricultural Agency must ensure that no products not covered by the rules are notified. This will apply, for example, to the notification of a product as a biostimulant falling within the scope of the Regulation on Pesticides.
Some biostimulants may also be considered as a growing medium. In order to ensure clarity on how such a product is to be notified, Section 6(5) of the Order provides that a biostimulant, which is also a growing medium, must be notified in accordance with the rules for biostimulants.
2.2. Labelling of biostimulants
Annex 6 to the Order lays down new rules for the labelling of biostimulants. The labelling requirements are essentially similar to those resulting from the Regulation on Fertilisers for biostimulants placed on the market as EU fertilising products.
3. New labelling requirements
The Annexes to the Order, which concern the labelling of the different product types, lay down requirements for the indication of instructions for intended use on the label, including the application rate, the period of use and the frequency. The new labelling requirements concern only non-harmonised products. Labelling requirements for EU fertilising products derive directly from the Regulation on Fertilisers.
Instructions for intended use are information already presented on several products, but now there is a requirement to indicate that information on the label. The information is intended, on the one hand, to guide the user in the correct use of the product in order to ensure that the product is used effectively and not in a way or at a dose that could be harmful to plants, health or the environment. The information will also strengthen the enforcement of the Danish Agricultural Agency.
Annex 5 requires the sulphur content to be indicated on the labelling of non-harmonised growing media.