S.I. No. 240/1998 - European Communities(Marketing of Fertilisers) Regulations, 1998.

S.I. No. 240 of 1998.

EUROPEAN COMMUNITIES(MARKETING OF FERTILISERS) REGULATIONS, 1998.

I, Joe Walsh, 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) and for the purpose of giving effect to Directive 97/63/EC of the European Parliament and of the Council of 24 November 1997⁽¹⁾ and Commission Directive 98/3/EC of 15 January 1998⁽²⁾ hereby make the following Regulations:

⁽¹⁾ O.J. L. 335 of 6.12.1997

⁽²⁾ O.J. L. 18 of 15.1.1998

1. (1) These Regulations may be cited as the European Communities (Marketing of Fertilisers) Regulations, 1998.

(2) The European Communities (Marketing of Fertilisers) Regulations 1978 to 1996 and these Regulations may be cited together as the European Communities (Marketing of Fertilisers) Regulations 1978 to 1998.

2. In these Regulations "the Principal Regulations" means the European Communities (Marketing of Fertilisers) Regulations, 1978 ( S.I. No. 13 of 1978 ).

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

"" The Directive" means Council Directive No. 76/116/EEC of 18 December 1975⁽³⁾ , as amended by Council Directive No. 88/183/EEC of 22 March 1988⁽⁴⁾ , Council Directive No. 89/284/EEC of 13 April 1989⁽⁵⁾, Council Directive No. 89/530/EEC of 18 September 1989⁽⁶⁾ , Commission Directive No. 93/69/EEC of 23 July 1993⁽⁷⁾ , Commission Directive No. 96/28/EC of 10 May 1996⁽⁸⁾ , Directive 97/53/EC of the European Parliament and of the Council of 24 November 1997 and Commission Directive 98/3/EC of 15 January 1998."

⁽³⁾ O.J. L. 24 of 30.1.1976

⁽⁴⁾ O.J. L. 83 of 29.3.1988

⁽⁵⁾ O.J. L. 111 of 22.4.1989

⁽⁶⁾ O.J. L. 281 of 30.9.1989

⁽⁷⁾ O.J. L. 185 of 28.7.1993

⁽⁸⁾ O.J. L. 140 of 13.6.1996

4. Part 1 of the Schedule to the Principal Regulations is hereby amended by the addition to the fertilisers listed under the headings,

"C. FLUID FERTILISERS

1. STRAIGHT FLUID FERTILISERS"

of the entry headed "1. Straight Fluid Fertilisers" as set out in the Schedule t these Regulations.

5. Part III of the Schedule to the Principal Regulations is hereby amended by the addition of the following :-

" Calcium nitrate suspension	0.4%
Nitrogen fertiliser solution with urea formaldehyde	0.4%
Nitrogen fertiliser suspension with ures formaldehyde	0.4% "

to the list of tolerances set out under A.I. of the said Part III of the said Schedule.

Given under my Official Seal this 14th day of July 1998.

Joe Walsh,

Minister for Agriculture and Food.

SCHEDULE

C. FLUID FERTILISERS

1. STRAIGHT FLUID FERTILISERS

No	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 the type designation	Nutrient content to be declared Forms and solubilities of the nutrients Other criteria
1	2	3	4	5	6
"5	Calcium nitrate suspension	Product obtained by suspension of calcium nitrate in water	8 % N Nitrogen expressed as total nitrogen or as nitric and ammoniacal nitrogen Maximum content of ammoniacal nitrogen: 1.0 % 14 % CaO Calcium expressed as water-soluble CaO	The type designation may be followed by one of the following indications: - for foliar application - for making nutrient solutions and suspensions - for fertigation	Total nitrogen Nitric nitrogen Calcium oxide soluble in water
6	Nitrogen fertiliser solution with urea formaldehyde	Product obtained chemically or by dissolution in water of urea formaldehyde and a nitrogenous fertiliser from list A-1 in Directive 76/116/EEC, excluding products 3(a), 3(b) and 5	18 % N expressed as total nitrogen At least one third of the declared total nitrogen content must derive from urea formaldehyde Maximum biuret content: (ureic N + urea formaldehyde N) x 0.026		Total nitrogen For each form amounting to at least 1 %: - Nitric nitrogen - Ammoniacal nitrogen - Ureic nitrogen Nitrogen from urea formaldehyde
7	Nitrogen fertiliser suspension with urea formaldehyde	Product obtained chemically or by suspension in water of urea formaldehyde and a nitrogenous fertiliser from list A-1 in Directive 76/116/EEC, excluding products 3(a), 3(b) and 5	18 % N expressed as total nitrogen At least one third of the declared total nitrogen content must derive from urea formaldehyde of which at least three fifths has to be soluble in hot water Maximum biuret content. (ureic N + urea formaldehyde N) x 0.026		Total nitrogen For each form amounting to at least 1 %: - Nitric nitrogen - Ammoniacal nitrogen - Ureic nitrogen Nitrogen from urea formaldehyde Nitrogen from urea formaldehyde that is soluble in cold water Nitrogen from urea formaldehyde that is only soluble in hot water"

EXPLANATORY NOTE

These Regulations, which implement the provisions of Commission Directive 98/3/EC which amend Council Directive 76/116/EEC, provide for the marketing of specified liquid nitrogenous fertilisers and introduce tolerances for such fertilisers. The Regulations also implement the provisions of Directive 97/63/EC of the European Parliament and of the Council, which amend Council Directive 76/116/EEC by replacing the abbreviation "EEC" with the abbreviation "EC" in the relevant provisions and provide for a transitional period during which packaging, labels and accompanying documents bearing the abbreviation "EEC" may continue to be used.