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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 (Text with EEA relevance)

article  annex_II

CELEX:  02019R1009-20241120

Component Material Categories (CMCs) An EU fertilising product shall consist solely of component materials complying with the requirements for one or more of the CMCs listed in this Annex. The component materials, and the input materials used to produce them, shall not contain any of the substances for which maximum limit values are indicated in Annex I in such quantities as to jeopardise the EU fertilising product’s compliance with the applicable requirements of that Annex. PART I DESIGNATION OF CMCS CMC 1: Virgin material substances and mixtures CMC 2: Plants, plant parts or plant extracts CMC 3: Compost CMC 4: Fresh crop digestate CMC 5: Digestate other than fresh crop digestate CMC 6: Food industry by-products CMC 7: Micro-organisms CMC 8: Nutrient polymers CMC 9: Polymers other than nutrient polymers CMC 10: Derived products within the meaning of Regulation (EC) No 1069/2009 CMC 11: By-products within the meaning of Directive 2008/98/EC CMC 12: Precipitated phosphate salts and derivates CMC 13: Thermal oxidation materials and derivates CMC 14: Pyrolysis and gasification materials CMC 15: Recovered high purity materials PART II REQUIREMENTS RELATED TO CMCS
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 (Text with EEA relevance)

article  annex_II

CELEX:  02019R1009-20241120

This Part defines the component materials of which EU fertilising products shall solely consist. CMC 1: VIRGIN MATERIAL SUBSTANCES AND MIXTURES 1. An EU fertilising product may contain substances and mixtures, except ():
(a) waste within the meaning of Directive 2008/98/EC, (b) substances or mixtures which have ceased to be waste in one or more Member States by virtue of the national measures transposing Article 6 of Directive 2008/98/EC, (c) substances formed from precursors which have ceased to be waste in one or more Member States by virtue of the national measures transposing Article 6 of Directive 2008/98/EC, or mixtures containing such substances, (d) by-products within the meaning of Directive 2008/98/EC, (e) animal by-products or derived products within the meaning of Regulation (EC) No 1069/2009,
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 (Text with EEA relevance)

article  annex_II

CELEX:  02019R1009-20241120

(f) polymers, other than:
— polymers that are the result of a polymerisation process that has taken place in nature, independently of the extraction process with which they have been extracted and that have not been chemically modified within the meaning of Article 3(40) of Regulation (EC) No 1907/2006,
— biodegradable polymers, or — polymers with a water-solubility higher than 2 g/L in the following conditions:
— temperature 200 C — pH 7 — loading: 10 g/1 000 mL — test time: 24h, (g) compost,
————— ◄ (h) digestate, (i) precipitated phosphate salts or derivates, which are recovered from waste or are by-products within the meaning of Directive 2008/98/EC, (j) thermal oxidation materials or derivates which are recovered from waste or are by-products within the meaning of Directive 2008/98/EC,
————— ◄ (k) pyrolysis and gasification materials, which are recovered from waste or are by-products within the meaning of Directive 2008/98/EC , or ◄ (l) ammonium salts, sulphate salts, phosphate salts, elemental sulphur, calcium carbonate or calcium oxide, which are recovered from waste within the meaning of Article 3, point 1, of Directive 2008/98/EC.
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 (Text with EEA relevance)

article  annex_II

CELEX:  02019R1009-20241120

2. All substances incorporated into the EU fertilising product, on their own or in a mixture, except polymers, shall have been registered pursuant to Regulation (EC) No 1907/2006 (), with a dossier containing:
(a) the information provided for by Annexes VI, VII and VIII to Regulation (EC) No 1907/2006;
(b) a chemical safety report pursuant to Article 14 of Regulation (EC) No 1907/2006 covering the use as a fertilising product, unless explicitly covered by one of the registration obligation exemptions provided for by Annex IV to Regulation (EC) No 1907/2006 or by points 6, 7, 8, 9 or 10 (only for magnesia) of Annex V to that Regulation.
3. Where the substance or one of the substances in the mixture is intended to enhance the long term availability to plants of micronutrients in the EU fertilising product, that substance shall be either a chelating agent or a complexing agent, and the following rules shall apply:
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 (Text with EEA relevance)

article  annex_II

CELEX:  02019R1009-20241120

(a) The chelating agent shall be an organic substance consisting in a molecule which:
(i) has two or more sites that donate electron pairs to a central transition metal cation (zinc (Zn), copper (Cu), iron (Fe), manganese (Mn), magnesium (Mg), calcium (Ca) or cobalt (Co)), and (ii) is large enough to form a five- or six- membered cyclic structure. The EU fertilising product shall remain stable for at least 3 days in a solution having any pH within the range declared as guaranteeing acceptable stability.
(b) The complexing agent shall be an organic substance forming a flat or steric structure with one di- or tri- valent transition metal cation (zinc (Zn), copper (Cu), iron (Fe), manganese (Mn) or cobalt (Co)). The EU fertilising product shall remain stable in water solution at pH 6 and 7 for at least 1 day.
4. Where the substance or one of the substances in the mixture is intended to improve the EU fertilising product’s nutrient release patterns by delaying or stopping the activity of specific groups of micro-organisms or enzymes, that substance shall be a nitrification, a denitrification or a urease inhibiting compound, and the following rules shall apply:
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 (Text with EEA relevance)

article  annex_II

CELEX:  02019R1009-20241120

(a) The nitrification inhibiting compound shall inhibit the biological oxidation of ammoniacal nitrogen (NH3-N) contained in the EU fertilising product to nitrite nitrogen (NO2 -), thus slowing the formation of nitrate nitrogen (NO3 -). The ammoniacal nitrogen (NH3-N) oxidation rate shall be measured by either of the following:
(i) ammoniacal nitrogen (NH3-N) disappearance;
(ii) the sum of nitrite nitrogen (NO2 -) and nitrate nitrogen (NO3 -) production with respect to time. Compared to a control sample where the nitrification inhibiting compound has not been added, a soil sample containing the nitrification inhibiting compound shall show a 20 % reduction in ammoniacal nitrogen (NH3-N) oxidation rate based on an analysis carried out 14 days after application at the 95 % confidence level. The nitrification inhibiting compound shall be present in the EU fertilising product in a concentration, which is within the range of concentrations that ensures the achievement of such a reduction. At least 50 % of the total nitrogen (N) content of the EU fertilising product shall consist of the nitrogen (N) forms ammonium (NH4 +) and urea (CH4N2O).
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 (Text with EEA relevance)

article  annex_II

CELEX:  02019R1009-20241120

(b) The denitrification inhibiting compound shall inhibit the formation of nitrous oxide (N2O) contained in the EU fertilising product by slowing down or blocking the conversion of nitrate (NO3 -) to dinitrogen (N2) without influencing the nitrification process as described in PFC 5(A). Compared to a control sample where the denitrification inhibiting compound has not been added, an in vitro test containing the denitrification inhibiting compound shall show a 20 % reduction in rate of the release of nitrous oxide (N2O) based on an analysis carried out 14 days after application at the 95 % confidence level. The denitrification inhibiting compound shall be present in the EU fertilising product in a concentration, which is within the range of concentrations that ensures the achievement of such a reduction.
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 (Text with EEA relevance)

article  annex_II

CELEX:  02019R1009-20241120

(c) The urease inhibiting compound shall inhibit hydrolytic action on urea (CH4N2O) contained in the EU fertilising product by the urease enzyme, primarily targeted to reduce ammonia volatilisation. Compared to a control sample where the urease inhibiting compound has not been added, an in vitro test containing the urease inhibiting compound shall show a 20 % reduction in the rate of hydrolysis of urea (CH4N2O) based on an analysis carried out 14 days after application at the 95 % confidence level. The urease inhibiting compound shall be present in the EU fertilising product in a concentration, which is within the range of concentrations that ensures the achievement of such a reduction. At least 50 % of the total nitrogen (N) content of the EU fertilising product shall consist of the nitrogen (N) form urea (CH4N2O). CMC 2: PLANTS, PLANT PARTS OR PLANT EXTRACTS
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 (Text with EEA relevance)

article  annex_II

CELEX:  02019R1009-20241120

An EU fertilising product may contain plants, plant parts or plant extracts having undergone no processing other than cutting, grinding, milling, sieving, sifting, centrifugation, pressing, drying, frost treatment, freeze-drying, extraction with water, supercritical CO2 extraction, or fiberisation at a temperature not higher than 100 °C and without any additives except water. For the purpose of this point, plants include mushrooms and algae and exclude blue-green algae (cyanobacteria). CMC 3: COMPOST 1. An EU fertilising product may contain compost obtained through aerobic composting of exclusively one or more of the following input materials:
(a) bio-waste within the meaning of Directive 2008/98/EC resulting from separate bio-waste collection at source;
—————
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 (Text with EEA relevance)

article  annex_II

CELEX:  02019R1009-20241120

(c) living or dead organisms or parts thereof, which are unprocessed or processed only by manual, mechanical or gravitational means, by dissolution in water, by flotation, by extraction with water, by steam distillation or by heating solely to remove water, or which are extracted from air by any means, except:
(i) materials originating from mixed municipal waste,’;
(ii) sewage sludge, industrial sludge or dredging sludge, and (iii) animal by-products or derived products within the scope of Regulation (EC) No 1069/2009.
(d) composting additives which are necessary to improve the process performance or the environmental performance of the composting process provided that:
(i) the additive complies with the requirement set out in point 2 in CMC 1 and (ii) the total concentration of all additives does not exceed 5 % of the total input material weight; or (e) any material listed in points (a) or (c) or in point 1a which:
(i) has previously been composted or digested, and (ii) contains no more than 6 mg/kg dry matter of PAH16 ().