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Fertiliser Registration requirements after Brexit

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Fertiliser Registration requirements after Brexit

 

Brexit does not mean non-compliance for your products. There will be changes which you need to be aware of. It will still be possible to export to the EU but compliance to the new EU accreditation will be required.

The existing standards that apply to manufacturing, importing and marketing of fertilisers will, by and large, stay the same in the UK. 

Not only are there currently 2 frameworks under which manufacturers can currently market their products, a domestic and an EU framework, manufacturers are also able to market their products under the mutual recognition principle.

The current domestic framework regulating the sale of fertilisers in the UK will stay the same. However, the EU framework will adopt changes with respect to;

  • Material labelled ‘EC fertilisers’ sold in the UK

  • Changes to the rules for the import of ammonium nitrate fertilisers for EU and non-EU countries

There will also be a new ‘UK fertiliser’ label which will replace the ‘EC fertiliser’ label for products sold in the UK.

After Brexit there will be a choice to use the new ‘UK fertiliser’ labels for fertilisers marketed in the UK. If the UK ‘fertiliser’ label is used the product will have to meet the same standards required for the ‘EC fertiliser’ label. The product packages, labels and supporting documents will have to carry the words ‘UK fertiliser’.  

The ‘EC fertiliser’ label will be available for use in the UK during a 2-year transitional period following Brexit. Local authorities will continue compliance testing as usual. The following laboratories have been appointed to undertake testing according to the schedule of accreditation;

  • Kent Scientific Services

  • Glasgow Scientific Services

  • Minton, Treharne and Davies

  • HSL Buxton

Accreditation was discussed in a previous CEA article which can be found at;

http://www.cea.adas.co.uk/News/ArtMID/731/ArticleID/255/Draft-Fertiliser-Regulations-EU-20191009-for-the-EU-Circular-Economy-released-on-5th-June-2019

It will still be possible to manufacture products as ‘EC fertilisers’ and export to the EU/EAA but they will have to meet EU standards. The manufacturers of these products will have to be established in the EU. However, manufacturers outside of the EU can appoint a Legal Entity within the EU to be their representative and submit applications for registration. If this is not possible, importers within the EU will have to register the substance being imported.    If the product being exported to the EU contains ammonium nitrate with a nitrogen content more than 28% w/w, an approved EU laboratory must be used to undertake a detonation resistance test. A list of these laboratories can be found at; 

https://op.europa.eu/en/publication-detail/-/publication/d6b2c887-827c-444f-a334-6a29d07697c9

If there is a no deal Brexit the UK will no longer be within the mutual recognition principle; fertilisers will have to be marketed under either the EU domestic framework or the new ‘UK fertiliser’ label.

The rules for the import of ammonium nitrate fertilisers from EU and non-EU countries into Great Britain will change. The ammonium nitrate import rules for Northern Ireland will not change.

This will affect solid ammonium nitrate fertilisers when the following applies:

  • a nitrogen content of more than 28% of its weight

  • in a consignment weighing 500 kilograms or more

If there is a no-deal Brexit, the new rules will be the same for all countries.

If you wish to import ammonium nitrate, a detonation resistance test (DRT) certificate will be required. This will need to be issued by a UK-based competent laboratory accredited under standard ISO 17025.

Each certificate should relate to a sample from each production run batch. A ‘batch’ means the quantity of material manufactured without alteration of composition or characteristics, with a maximum batch run of 92 days.

The importer will also need to:

  • make sure that each batch, or part batch, arrives in Great Britain no more than 60 days after the DRT certificate is issued.

  • email fertilisers@defra.gov.uk at least 5 days before the shipment arrives in Great Britain.

Records must be kept of any batch or part batch and their DRT certificates for at least 2 years.

When importing from the EU, there will be a 2-year transitional period to introduce these changes after Brexit. However, for imports from non-EU countries (third countries), the 2-year transitional period will not apply.

For more information on the importation and storage of ammonium nitrate please go to;

https://www.gov.uk/guidance/importing-solid-ammonium-nitrate-in-consignments-of-500-kilograms-or-more

http://www.hse.gov.uk/explosives/ammonium/index.htm

For further information on obtaining accreditation for your fertiliser or any other regulatory matter, please contact, neil.stearn@cea-res.co.uk  or peter.godfrey@cea-res.co.uk

References

Manufacturing and Marketing Fertilisers if there’s a no-deal Brexit; DEFRA, Gov.uk website, updated 21 October 2019.

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