S.I. No. 180/1989 - European Communities (Marketing of Fertilisers) Regulations, 1989.

S.I. No. 180 of 1989.

EUROPEAN COMMUNITIES (MARKETING OF FERTILISERS) REGULATIONS, 1989.

I, MICHAEL O'KENNEDY, Minister for Agriculture and Food, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), for the purpose of giving effect to Council Directive No. 76/116/EEC of 18 December 1975⁽¹⁾ as amended in the manner specified in the definition of "the Directive" (inserted by Regulation 3 of the following Regulations) in Regulation 2 of the European Communities (Marketing of Fertilisers) Regulations, 1978 ( S.I. No. 13 of 1978 ), hereby make the following Regulations:

(1) O.J. No. L24/21, 30.1.1976

1. (1) These Regulations may be cited as the European Communities (Marketing of Fertilisers) Regulations, 1989.

(2) The European Communities (Marketing of Fertilisers) Regulations, 1978 to 1981, and these Regulations may be cited together as the European Communities (Marketing of Fertilisers) Regulations, 1978 to 1989.

(3) The European Communities (Marketing of Fertilisers) Regulations, 1978 to 1989, shall be construed together as one.

(4) These Regulations shall come into operation on the 15th day of July, 1989.

2. In these Regulations "the Principal Regulations" means the European Communities (Marketing of Fertilisers) Regulations, 1978.

3. Regulation 2 of the Principal Regulations is hereby amended by the substitution for the definition of "the directive" of the following definition:

" "the directive" means Council Directive No. 76/116/EEC of 18 December 1975, as amended by Council Directive No. 88/183/EEC of 22 March 1988⁽²⁾;".

(2) O.J. No. L83/33, 29.3.1988

4. Regulation 4 of the Principal Regulations is hereby amended by the deletion in subparagraphs (a) and (b) of paragraph (1), and in subparagraph (b) of paragraph (2) of "solid".

5. Regulation 4 (1) of the Principal Regulations is hereby amended by the insertion of the following subparagraph after subparagraph (h):

"(hh) in case the fertiliser is a fluid fertiliser, suitable directions are provided, covering in particular storage temperature and prevention of accidents during storage,".

6. Part I of the Schedule to the Principal Regulations is hereby amended by the insertion after the entry headed "B. COMPOUND FERTILISER TYPES" of the entry headed "C. FLUID FERTILISERS" as set out in the Schedule to these Regulations.

7. Part II of the Schedule to the Principal Regulations is hereby amended by the insertion of the following paragraph after paragraph (b):

"(bb) The additional information on the fertilising components of fluid fertilisers may be expressed in approximately equivalent terms of weight versus volume (kilograms per hectolitre or grams per litre).

Quantities of a fluid fertiliser shall be expressed by mass. The expression of quantities of fluid fertilisers by volume shall be optional."

8. Part III of the Schedule to the Principal Regulations is hereby amended by the insertion in paragraph (e) A.1. after "urea" and "0.4" of the following types of fertiliser and tolerances:

"Nitrogen fertiliser solution	0.6
Ammonium nitrate — urea solution	0.6".

SCHEDULE

C. FLUID FERTILISERS

1. STRAIGHT FLUID FERTILISERS

Type designation	Data on method of production and essential ingredients	Minimum content of nutrients (percentage by weight); data on the expression of nutrients; other requirements	Other data on type designation	Nutrient content to be declared; forms and solubilities of the nutrients; other criteria
(1)	(2)	(3)	(4)	(5)
Nitrogen fertiliser solution	Product obtained chemically and by dissolution in water, in a form stable at atmospheric pressure, without addition of organic nutrients of animal or vegetable origin.	15% N Nitrogen expressed as total nitrogen or, if there is only one form, nitric nitrogen or ammoniacal nitrogen or ureic nitrogen.		Total nitrogen and, for any form that amounts to not less than 1%, nitric nitrogen, ammoniacal nitrogen and/or ureic nitrogen.
		Maximum biuret content: ureic N x 0·026.		If the biuret content is less than 0·2%, the words 'low in biuret' may be added.
Ammonium nitrate-urea fertiliser solution	Product obtained chemically and by dissolution in water, containing ammonium nitrate and urea.	26% N Nitrogen expressed as total nitrogen, where the ureic nitrogen accounts for about half of the nitrogen present.		Total nitrogen. Nitric nitrogen, ammoniacal nitrogen and ureic nitrogen.
		Maximum biuret content: 0·5%.		If the biuret content is less than 0·2%, the words 'low in biuret' may be added.

2. COMPOUND FLUID FERTILISERS

Type designation	Data on method of production	Minimum content of nutrients (percentage by weight). Other requirements			Form, solubility and nutrient content to be declared as specified in column 5			Data for identifying fertilisers. Other requirements
(1)	(2)	(3)			(4)			(5)
		Total	For each nutrient		N	P	K	N	P	K
NPK-fertiliser solution	Product obtained chemically and by dissolution in water, in a form stable at atmospheric pressure, without addition of organic nutrients of animal or vegetable origin	15%* (N + P + K)	2% N 1·31% P 2·5% K		1. Total nitrogen 2. Nitric nitrogen 3. Ammoniacal nitrogen 4. Ureic nitrogen	Water- soluble P	Water- soluble K	1. Total nitrogen 2. If any of the forms of nitrogen 2 to 4 amounts to not less than 1 % by weight, it must be declared.	Water Soluble P	1. Water soluble potassium 2. The words 'low in chlorine' may be used only where the CI content does not exceed 2%
		Maximum biuret content: ureic N x 0·026
								If the biuret content is less than 0·2%, the words 'low in biuret' may be added.		3. The chlorine content may be declared.
NPK fertiliser suspension	Product in liquid form, in which the nutrients are derived from substances both in suspension in the water and in solution without addition of organic nutrients of animal or vegetable origin.	20%* (N + P + K)		3% N 1·74% P 3·32% K	1. Total nitrogen 2. Nitric nitrogen 3. Ammoniacal nitrogen 4. Ureic nitrogen	1. Water soluble P 2. P soluble in neutral ammonium citrate 3. P soluble in neutral ammonium citrate and water	Water-soluble K	1. Total nitrogen 2. If any of the forms of nitrogen 2 to 4 amounts to not less than 1% by weight it must be declared. If the biuret content is less than 0·2%, the words 'low in biuret' may be added.	The fertilisers must not contain Thomas slag, aluminium calcium phosphate, calcined phosphates, partially solubilised phosphates or natural phosphates. 1. If the water-soluble P is less than ·87% only solubility 2 shall be declared. 2. If the water-soluble P is at least ·87%, solubility 3 and the water-soluble P content shall be declared.	1. Water-soluble potassium 2. The words 'low in chlorine' may be used only where the CI content does not exceed 2%. 3. The chlorine content may be declared.
		Maximum biuret content: ureic N x 0·026

NP fertiliser solution	Product obtained chemically and by dissolution in water, in a form stable at atmospheric pressure, without addition of organic nutrients of animal or vegetable origin.	18%* (N + P)		3% N 2.18% P	1. Total nitrogen 2. Nitric nitrogen 3. Ammoniacal nitrogen 4. Ureic nitrogen	Water-soluble P		1. Total nitrogen 2. If any of the forms of nitrogen 2 to 4 amounts to not less than 1% by weight, it must be declared. If the biuret content is less than 0·2%, the words 'low in biuret' may be added.	Water-soluble P
		Maximum biuret content: ureic N x 0·026

NPK fertiliser suspension	Product in liquid form, in which the nutrients are derived from substances both in solution and in suspension in the water, without addition of organic nutrients of animal or vegetable origin.	18% (N + K)		3% N 2·18% P	1. Total nitrogen 2. Nitric nitrogen 3. Ammoniacal nitrogen 4. Ureic nitrogen	1. Water-soluble P 2. P soluble in neutral ammonium citrate 3. P soluble in neutral ammonium citrate and water		1. Total nitrogen 2. If any of the forms of nitrogen 2 to 4 amounts to not less than 1% by weight, it must be declared. If the biuret content is less than 0·2%, the words 'low in biuret' may be added.	1. If the water-soluble P is less than ·87% only solubility 2 will be declared. 2. If the water-soluble P is at least ·87%, solubility 3 will be declared and the water-soluble P content must be stated.
		Maximum biuret content: ureic N x 0·026

									The fertilisers may not contain Thomas slag, aluminium calcium phosphate, calcined phosphates, partially solubilised phosphate or natural phosphates.
NK fertiliser solution	Product obtained chemically and by dissolution in water, in a form stable at atmospheric pressure, without addition of organic nutrients of animal or vegetable origin.	15%* (N + K)		3% N 4·15% K	1. Total nitrogen 2. Nitric nitrogen 3. Ammoniacal nitrogen 4. Ureic nitrogen		Water-soluble K	1. Total nitrogen 2. If any of the forms of nitrogen 2 to 4 amounts to not less than 1% by weight, it must be declared. If the biuret content is less than 0·2%, the words 'low in biuret' may be added.		1. Water-soluble potassium 2. The words 'low in chlorine' may be used only where the CI content does not exceed 2%. 3. The chlorine content may be declared.
		Maximum biuret content: ureic N x 0·026

NK fertiliser suspension	Product in liquid form, in which the nutrients are derived from substances both in solution and in suspension in the water, without addition of organic nutrients of animal or vegetable origin.	18% (N + K)		3% N 4·15% K	1. Total nitrogen 2. Nitric nitrogen 3. Ammoniacal nitrogen 4. Ureic nitrogen		Water-soluble K	1. Total nitrogen 2. If any of the forms of nitrogen 2 to 4 amounts to not less than 1% by weight, it must be declared. If the biuret content is less than 0·2%, the words 'low in biuret' may be added.		1. Water-soluble potassium 2. The words 'low in chlorine' may be used only where the CI content does not exceed 2%. 3. The chlorine content may be declared.
		Maximum biuret content: ureic N x 0·026

PK fertiliser solution	Product obtained chemically and by dissolution in water, without addition of organic nutrients of animal or vegetable origin.	18%* (P + K)		2·18% P 4·15% P		Water-soluble P	Water-soluble K		Water-soluble P	1. Water-soluble potassium 2. The words 'low in chlorine' may be used only where the CI content does not exceed 2%. 3. The chlorine content may be declared.
PK fertiliser suspension	Product in liquid form, in which the nutrients are derived from substances both in solution and in suspension in water, without addition of organic nutrients of animal or vegetable origin.	18%* (P + K)		2·18% P 4·15% K		1. Water-soluble P 2. P soluble in neutral ammonium citrate 3. P soluble in neutral ammonium citrate and water	Water-soluble K		1. If the water-soluble P is less than ·87% only solubility 2 will be declared. 2. If the water-soluble P is at least ·87%, solubility 3 and the water-soluble P content shall be declared.	1. Water-soluble potassium 2. The words 'low in chlorine' may be used only where the CI content does not exceed 2%. 3. The chlorine content may be declared.
									The fertilisers must not contain Thomas slag, aluminium calcium phosphate, calcined phosphates, partially solubilised phosphates or natural phosphates.

*Total nutrient content (N + P + K) to be calculated by multiplying the nutrient contents N, P and K by 1, 2·29 and 1·2 respectively and adding the results of such multiplication.

*Total nutrient content (N + P) to be calculated by multiplying the nutrient contents N and P by 1 and 2.29 respectively and adding the results of such multiplication.

*Total nutrient content (N + K) to be calculated by multiplying the nutrient contents N and K by 1 and 1·2 respectively and adding the results of such multiplication.

GIVEN under my Official Seal, this 14th day of July, 1989.

MICHAEL O'KENNEDY,

Minister for Agriculture and

Food.

EXPLANATORY NOTE.

The Regulations implement the provisions of Council Directive 88/183/EEC which lays down criteria with which fluid fertilisers marketed under the designation "EEC fertiliser" must comply.