Ref. Ares(2019)6338798 - 14/10/2019
COMMISSION EUROPÉENNE
SECRÉTARIAT GÉNÉRAL
Direction G
SG-G-1
Affaires horizontales et GRI (Groupe des Relations Interinstitutionnelles)
Bruxelles, le 20 janvier 2018
SI(2018) 15/2
Annule et remplace en partie la version /1
GRI du 19 janvier 2018
point 3.1.
NOTE À L'ATTENTION DE MMES MM. LES MEMBRES DU GRI
Objet:
Proposition de règlement établissant les règles relatives à la mise sur le
marché des fertilisants porteurs du marquage CE et modifiant les
règlements (CE) n° 1069/2009 et (CE) n° 1107/2009 – 2016/0084 COD
(17.03.16) – rapport TURCANU
Suite à la réunion du Groupe, Mmes et MM. les membres du GRI trouveront en annexe
une fiche révisée préparée par la DG GROW sous l'autorité du cabinet de
Mme BIENKOWSKA et en accord avec le cabinet de M. KATAINEN. L'annexe à la
version /1 est inchangée.
Annexe 1
SI(2018) 15/2
GRI MEETING OF
19 January 2018
NOTE TO THE MEMBERS OF THE GRI
Subject:
Proposal for a Regulation on the making available on the
market of CE marked fertilising products and amending
Regulations (EC) No 1069/2009 and (EC) No 1107/2009
The fiche is proposed to inform the Commission in view of the
first trilogue
Ref.:
COM(2016) 157; 2016/0084(COD)
Procedure:
Ordinary legislative procedure
Council:
Working Party on Technical Harmonisation; COREPER II
Rapporteur(s):
Mihai ŢURCANU (EPP/RO), Elisabetta GARDINI (EPP/IT)
Lead parliamentary committee:
Internal Market and Consumer Protection
(IMCO)
Associated parliamentary committees:
ENVI (Cadmium limits)
AGRI, INTA
Former GRI fiche: SP(2017) 528
PURPOSE OF THIS FICHE
The purpose of this fiche is to inform the Commission in view of the first
trilogue on the proposed Fertilising Products Regulation scheduled for
25 January 2018.
The purpose of the trilogue is to set the scene for the negotiations, to agree on
the political issues to be negotiated and to mandate technical level trilogues for
all other elements of the proposal. Among the political issues there are:
cadmium limits, delegation of powers, and industrial by-products.
The Bulgarian Presidency is aiming at a first reading agreement by June. This
objective is shared by the European Parliament.
Politically, the limit values for cadmium in phosphate fertilisers are the most
sensitive issue. The negotiating positions of the two co-legislators were difficult
to agree within the respective institutions, and are now very far apart. Whereas
the Parliament is closely aligned with the Commission's proposal, the Council
has suggested a much less ambitious limit and granted selective derogations to
certain more ambitious Member States, a selectivity which appears legally
doubtful.
At this stage, the Commission should reserve its position and expressed its
support to the objective of working towards a first-reading agreement.
1.
BACKGROUND
Please see the former GRI fiche for this file with reference SP (2017) 528 which
was prepared in view of the EP plenary debate on the GÁLL-PELCZ report in the
last September plenary session and the subsequent vote on the report. The
Commission's position on the sensitive amendments adopted by the Parliamentary
Committees in that fiche is not altered by the current GRI fiche.
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2.
STATE OF PLAY OF TRILOGUE NEGOTIATIONS
The first trilogue is scheduled for 25 January 2018. The purpose of the
meeting is for the co-legislators to present their negotiating positions and to
define a mandate for technical negotiations. The mandate would be broad,
and by default cover all amendments except those explicitly confined to the
political level. The lead Committee IMCO has drawn up a list of those
political amendments, included in a background note attached to this fiche.
They are all related to one of three matters: cadmium limit on phosphate
fertilisers, delegation of powers to the Commission and industrial by-
products.1
It is proposed that the Commission welcome the mandates to enter into
technical trilogues, and commit to its active and constructive participation.
The Commission should also support the intention to first address less
contentious issues in the discussions.
The "four-column document" is to be produced by the Council in the course
of January 2018. On that basis a new GRI fiche will be prepared in view of
the trilogue negotiations.
3.
STATE OF PLAY IN THE EUROPEAN PARLIAMENT
3.1. Developments in the European Parliament
The European Parliament voted a negotiation mandate in Plenary on
24 October 2017, and referred the matter back to the lead Committee IMCO for
interinstitutional negotiations.
3.2. Proposed amendments
Several amendments that the Commission services had identified as being
very problematic in the IMCO report were finally rejected in Plenary. The
most important amendments that remain in the negotiation mandate relate
to delegation of powers, industrial by-products, plastic mulches,
biodegradability criteria for plastic in fertilisers, and cadmium.
On cadmium, the Parliament has retained the Commission's proposed limit
values of 60-40-20 ppm, but extended the transitional period and introduced
a type of feasibility safeguard clause.2
On all these points, the Commission's concern expressed in the GRI fiche
SP(2017)528/1 remain valid, to the extent that the amendments were carried
over from the IMCO report to the Parliament's report.
1 Exclusion from the component material category for chemicals of all industrial by-products, an
exclusion seen as very problematic by large parts of the chemicals- and fertilisers industry.
2 A reporting obligation for the Commission, and an empowerment for it to postpone the applicability of
the limit value of 20 ppm in case it has evidence that the supply of fertilisers to the EU would
otherwise be seriously jeopardised.
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On all EP amendments, it is proposed that the Commission reserves its
position at this stage.
4.
STATE OF PLAY IN THE COUNCIL
4.1. Developments in the Council
The Council adopted its negotiation mandate in Coreper on 20 December 2017.
The key outstanding issue was the cadmium limit in phosphate fertilisers, for which
a blocking minority was avoided by granting selective derogations to certain
Member States. Eight Member States did not support the mandate due to its lack of
ambition on the cadmium limit: BE, DK, CZ, HU, LT, LV, SI and SK.
4.2. Proposed amendments
The most politically sensitive amendment included in the Council's
negotiation mandate is the
cadmium limit. The Council has proposed a
single limit value of 60 ppm without further reductions, and selectively
granted a possibility of imposing lower limit values nationally to those three
Member States that currently benefit from free-movement-derogations
granted by the Commission based on the Treaty (
i.e. AT, FI, SE). The
preliminary legal analysis of the Commission services casts some doubt
about the legality of the selective treatment. It is suggested that the
Commission highlights that a single cadmium limit value of 60 ppm falls
short of the objective of a progressive reduction of cadmium contamination
of phosphate fertilisers in the EU, and therefore will not significantly
contribute to cleaner soils and cleaner European agricultural products.
(1)
Other amendments of potential concern to the Commission
refer to the restrictions in the
delegation of powers, the
delayed applicability of a number of provisions, and
biodegradability criteria for plastics in fertilisers. On these,
it is suggested that the Commission reserves its position.
On all other Council amendments, it is proposed that the Commission
reserves its position at this stage.
4.3. Prospects in Council
The prospects of arriving at a favourable position in the Council are rather good,
given that the proposed Regulation is broadly welcomed by all Member States.
Nevertheless, negotiations are expected to be difficult on cadmium, where the
Member States' positions are rather polarised. This could become a critical point
during the negotiations.
5.
RECOMMENDATION TO THE COMMISSION
It is suggested that the GRI recommends to the Commission to reserve its
position at this stage, express its support to the objective of working
towards a first-reading agreement and welcome a swift start of technical
trilogues.
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6.
OFFICIALS RESPONSIBLE
Eric LIEGEOIS (phone: 93044), Johanna BERNSEL (phone: 86699), GROW D.2.
Annex: IMCO secretariat background note
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