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The EC Fertilisers (England and Wales) Regulations 2006

Consolidated Text As Enacted Cited authorities 11 Cited in Amendments 5 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2006/2486
Year2006
  • These Regulations may be cited as the
    • (1) In these Regulations—
    • “the Community Regulation” means Regulation (EC) 2003/2003 of the European Parliament and the Council relating to fertilisersF1, as last amended by Commission Regulation (EU) 2016/1618; and
    • “premises” includes any place, any vehicle or trailer, any container, any stall or moveable structure, and any ship or aircraft.
    a reference to a numbered Article or Annex is a reference to the Article in, or the Annex to, the Community Regulation so numbered; andexpressions that are used in the Community Regulation and these Regulations have the same meaning in these Regulations as in the Community Regulation.it is of a type listed in Annex I; andhe is established in accordance with Article 4 (establishment within the Community) .(2) Any person who contravenes paragraph (1) shall be guilty of an offence.
  • places on the market a fertiliser designated as an “
  • fails to comply with Article 13(2) ,
    • are borne as specified in paragraph (1) of Article 9 (markings) ;comply with Article 9(2) ;include a declaration of contents as specified in paragraphs (1) (a) and (d) , (4) , (5) and (6) of Article 6 (compulsory statements) ;include the additional instructions called for by Article 9(3) if it is a fluid fertiliser; andhave been provided as specified in paragraph (1) of Article 7 (identification) .the identification markings appear as specified in the first sentence of Article 7(2) ;the packaging and labelling of the fertiliser complies with paragraphs (1) and (2) of Article 10 (labelling) ;the packaging complies with Article 12 (packaging) ; andthe language in which the identification markings appear complies with Article 11 (languages) .the identification markings appear as specified in the second sentence of Article 7(2) ;a copy of the documents containing them meets the requirements of Article 10(3) ; andthe language in which the identification markings appear complies with Article 11.
  • that is designated as an
  • that is a fertiliser of the type described in Article 16 (scope) ; and
  • in accordance with Articles 17 (declaration of secondary nutrients in primary nutrient fertilisers) , 18 (calcium, magnesium, sodium and sulphur) and 19 (identification) , and
  • as specified in Article 6(2) (c) ,
  • that is designated as an
  • that is a fertiliser of the type described in Article 20 (scope) ;
  • that is not marked in accordance with Article 21 (identification) ; and
  • for which a declaration of calcium, magnesium, sodium and sulphur content is made otherwise than as specified in Article 6(2) (c) ,
  • designated as an
  • a fertiliser of the type described in Article 22 (scope) ;
  • not marked in accordance with Article 23 (identification) ; and
  • not packaged in accordance with Article 24 (packaging) ,
  • Any manufacturer who fails to comply with the requirements of Article 8 (traceability) shall be guilty of an offence.
    • (1) This regulation applies where either or both the Secretary of State (in England) and the F2Welsh Ministers (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 F2Welsh Ministers may each serve a notice in writing on the person in question giving reasons why he, or as the case may be, F3they, 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 F2Welsh Ministers, as the case may be, regards as appropriate to cause him, or F4them, 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.(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.where there is a unitary authority for a local government area, the authority for that area;in a metropolitan district, the council of that district;in a non-metropolitan county, the council of that county;in each London borough, the council of that borough;in the City of London, the Common Council;in the Isles of Scilly, the Council of the Isles of Scilly;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.(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.such other persons as he considers necessary; andany 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.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;asking for admission, or the giving of such a notice, would defeat the object of the entry;the case is one of urgency; orthe premises are unoccupied or the occupier is temporarily absent,(5) A warrant under this section shall continue in force for one month.(6)

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