The EC Fertilisers (England and Wales) Regulations 2006
| Year | 2006 |
2006 No. 2486
AGRICULTURE, england and wales
The EC Fertilisers (England and Wales) Regulations 2006
Made 6th September 2006
Laid before Parliament 14th September 2006
Coming into force 11th October 2006
The Secretary of State for Environment, Food and Rural Affairs has been designated1for the purposes of section 2(2) of the European Communities Act 19722, in relation to materials providing or intended to provide nutrients for plants.
He makes the following Regulations under the powers conferred by that section:
PART 1
General
Title, extent and commencement
1. These Regulations may be cited as the EC Fertilisers (England and Wales) Regulations 2006, extend to England and Wales and shall come into force on 11th October 2006.
Interpretation
2.—(1) In these Regulations—
“the Community Regulation” means Regulation (EC) 2003/2003of the European Parliament and the Council relating to fertilisers3; and
“premises” includes any place, any vehicle or trailer, any container, any stall or moveable structure, and any ship or aircraft.
(2) In these Regulations—
(a)
(a) a reference to a numbered Article or Annex is a reference to the Article in, or the Annex to, the Community Regulation so numbered; and
(b)
(b) expressions that are used in the Community Regulation and these Regulations have the same meaning in these Regulations as in the Community Regulation.
PART 2
Composition, labelling and records
Types of fertiliser for which designation “EC fertiliser” can be used
3.—(1) No manufacturer shall place on the market a fertiliser designated as an “EC fertiliser” unless—
(a)
(a) it is of a type listed in Annex I; and
(b)
(b) he is established in accordance with Article 4 (establishment within the Community).
(2) Any person who contravenes paragraph (1) shall be guilty of an offence.
Tolerances
4. Any manufacturer who—
(a) places on the market a fertiliser designated as an “EC fertiliser” the content of which does not comply with the tolerances specified in paragraphs (1) and (3) of Article 13 (tolerances); or
(b) fails to comply with Article 13(2),
shall be guilty of an offence.
General provisions relating to identification, marking, labelling and packaging of EC fertilisers
5.—(1) Any manufacturer who places on the market a fertiliser designated as an EC fertiliser shall be guilty of an offence unless the identification markings relating to it—
(a)
(a) are borne as specified in paragraph (1) of Article 9 (markings);
(b)
(b) comply with Article 9(2);
(c)
(c) include a declaration of contents as specified in paragraphs (1)(a) and (d), (4), (5) and (6) of Article 6 (compulsory statements);
(d)
(d) include the additional instructions called for by Article 9(3) if it is a fluid fertiliser; and
(e)
(e) have been provided as specified in paragraph (1) of Article 7 (identification).
(2) Any manufacturer who places on the market a packaged fertiliser designated as an EC fertiliser shall be guilty of an offence unless—
(a)
(a) the identification markings appear as specified in the first sentence of Article 7(2);
(b)
(b) the packaging and labelling of the fertiliser complies with paragraphs (1) and (2) of Article 10 (labelling);
(c)
(c) the packaging complies with Article 12 (packaging); and
(d)
(d) the language in which the identification markings appear complies with Article 11 (languages).
(3) Any manufacturer who places on the market a bulk fertiliser designated as an EC fertiliser shall be guilty of an offence unless—
(a)
(a) the identification markings appear as specified in the second sentence of Article 7(2);
(b)
(b) a copy of the documents containing them meets the requirements of Article 10(3); and
(c)
(c) the language in which the identification markings appear complies with Article 11.
Additional provisions relating to the marking and identification of inorganic primary nutrient fertilisers
6. Any manufacturer who places on the market a fertiliser—
(a) that is designated as an EC fertiliser;
(b) that is a fertiliser of the type described in Article 16 (scope); and
(c) for which a declaration of calcium, magnesium, sodium and sulphur content is made other than—
(i) in accordance with Articles 17 (declaration of secondary nutrients in primary nutrient fertilisers), 18 (calcium, magnesium, sodium and sulphur) and 19 (identification), and
(ii) as specified in Article 6(2)(c),
shall be guilty of an offence.
Additional provisions relating to the marking and identification of inorganic secondary nutrient fertilisers
7. Any manufacturer who places on the market a fertiliser—
(a) that is designated as an EC fertiliser;
(b) that is a fertiliser of the type described in Article 20 (scope);
(c) that is not marked in accordance with Article 21 (identification); and
(d) for which a declaration of calcium, magnesium, sodium and sulphur content is made otherwise than as specified in Article 6(2)(c),
shall be guilty of an offence.
Additional provisions relating to the identification and packaging of inorganic micro-nutrient fertilisers
8. Any manufacturer who places on the market a fertiliser that is—
(a) designated as an EC fertiliser;
(b) a fertiliser of the type described in Article 22 (scope);
(c) not marked in accordance with Article 23 (identification); and
(d) not packaged in accordance with Article 24 (packaging),
shall be guilty of an offence.
Records
9. Any manufacturer who fails to comply with the requirements of Article 8 (traceability) shall be guilty of an offence.
Compliance notices
10.—(1) This regulation applies where either or both the Secretary of State (in England) and the National Assembly for Wales (in Wales) is of the opinion that a person is a manufacturer placing on the market fertiliser that does not comply with the Community Regulation, but that person has not committed an offence under regulations 3 to 9.
(2) The Secretary of State and the National Assembly for Wales may each serve a notice in writing on the person in question giving reasons why he, or as the case may be, it, is of that opinion and requiring him to take such steps as are specified in the notice within such period (being not less than 14 days except in an emergency) as is so specified.
(3) The steps to be so specified are steps that the Secretary of State, or the National Assembly for Wales, as the case may be, regards as appropriate to cause him, or it, no longer to be of the opinion in paragraph (1).
(4) Failure to comply with such a notice is an offence unless the notice has been withdrawn.
PART 3
Enforcement
Enforcement authorities
11.—(1) These Regulations and the Community Regulation shall be enforced by the local authority.
(2) The local authority shall appoint inspectors for the purposes of these Regulations.
(3) For the purposes of this Part “local authority” means—
(a)
(a) where there is a unitary authority for a local government area, the authority for that area;
(b)
(b) where there is not a unitary authority—
(i) in a metropolitan district, the council of that district;
(ii) in a non-metropolitan county, the council of that county;
(c)
(c) in each London borough, the council of that borough;
(d)
(d) in the City of London, the Common Council;
(e)
(e) in the Isles of Scilly, the Council of the Isles of Scilly;
(f)
(f) in respect of a local government area within Wales, the county council or the county borough council for that area, as the case may be.
(4) For the purposes of this regulation “unitary authority” means any authority which is the sole principal council for its local government area.
Powers of entry
12.—(1) An inspector shall, on producing, if so required, some duly authenticated document showing his authority, have a right at all reasonable hours to enter any premises for the purpose of ensuring that the provisions of these Regulations are being complied with.
(2) He may take with him—
(a)
(a) such other persons as he considers necessary; and
(b)
(b) any representative of the European Commission acting for the purpose of the enforcement of the Community Regulation.
(3) Admission to any premises used only as a private dwellinghouse shall not be demanded as of right unless 24 hours notice of the intended entry has been given to the occupier, or the entry is in accordance with a warrant granted under this regulation.
(4) If a justice of the peace, on sworn information in writing, is satisfied that there are reasonable grounds for entry into any premises for the purposes of the enforcement of these Regulations, and either—
(a)
(a) admission has been refused, or a refusal is expected, and (in either case) that notice of intention to apply for a warrant has been given to the occupier;
(b)
(b) asking for admission, or the giving of such a notice, would defeat the object of the entry;
(c)
(c) the case is one of urgency; or
(d)
(d) the premises are unoccupied or the occupier is temporarily absent,
the justice may by warrant signed by him authorise the inspector to enter the premises, if need be by reasonable force, and to take with him such persons as appears to be necessary.
(5) A warrant under this section shall continue in force for one month.
(6) If an inspector enters any unoccupied premises he shall leave them as effectively secured against unauthorised entry as he found them.
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