Fertilisers Working Group meeting 15/16 December 2014 Project to revise the Fertilisers Regulation Current service-level ideas on scope Fertilisers Working Group meeting 15/16 December 2014 1

Included: Fertilising products ‘fertilising product’ means a substance, micro-organism mixture or any other material which is intended, in the form in which it is supplied, to be applied on plants or their rhizosphere for the purpose of providing plants with nutrient or improving their nutrition efficiency or their growth conditions, and belongs to one of the fertilising product categories listed [elswhere in the Fertilisers Regulation]; with the exception of products falling outside of the scope of this Regulation by virtue of [the Article excluding PPP, ABP, waste and sewage sludge];

Excluded 1: Waste, unless it has ceased being waste by virtue of WFD An 'eligible input material' which has been recovered in accordance with the FR recovery rules could cease to be waste by virtue of WFD, when the FR conformity assessment has been passed. It would then be included in the FR scope. An 'eligible input material' which has not been recovered in accordance with the FR recovery rules could not cease to be waste by virtue of WFD. It could be traded only as waste. A non-'eligible input material' would not be covered by FR as long as it is waste, but could cease to be waste by virtue of a notified national EoW-decision under WFD. REACH registration would apply where relevant. If integrated in a fertilising product, that product would fall within the FR scope.

Excluded 2: ABP, unless it has reached the ABPR end point An 'eligible input material' which has been sanitised in accordance with the ABPR sanitisation rules could reach the ABPR end-point, when the FR conformity assessment has been passed. It would then be included in the FR scope. A non-'eligible input material' or an 'eligible input material' which has not been sanitised in accordance with the ABPR sanitisation rules could not reach the ABPR end point. It could only be trader in accordance with the ABPR rules.

Excluded 3: PPP PPPs currently have a very wide definition. A PPP could be re-defined as a product, in the form in which it is supplied to the user, intended for one of the following uses: Controlling harmful organisms, Preserving plant products, Destroying undesired plants. Preventing undesired plant growth, or "influencing the life processes of plants, other than by improving the plants' nutrient use efficiency, their tolerance to abiotic stress or their crop quality traits, or as a nutrient" A PPP would never fall within the FR scope, even if it is also a fertiliser.