Proposed removal of EU Fertilising Products Regulation “REACH+” requirement
Proposed removal of EU Fertilising Products Regulation “REACH+” requirement
Since the EU Fertilising Products Regulation (FPR) [Regulation (EU) 2019/1009] entered into force on July 16th 2022, it has imposed stricter regulatory conditions regarding the REACH Regulation (EC) 1907/2006 which has been referred to by stakeholders as “REACH+” due to applying its most demanding obligations even to substances produced in small quantities. The amendment or complete removal of these “REACH+” requirements has been repeatedly requested by stakeholders as it adds supplementary data and administrative requirements for chemicals used in fertilisers, whereas these requirements are not demanded for use in other product types on the market. It appears that these requirements were introduced without an impact assessment or clear safety rationale. Currently under the FPR there is a need for mandatory chemical safety reports (CSRs), compliance even for low tonnage substances and no recognition of Annex IV exemptions or impurities leading to additional costs for fertiliser stakeholders who wish to obtain CE marking.
One of the objectives of the Chemical Regulation Simplification and Chemicals Action Plan (or simply the EU “omnibus”) is to simplify the FPR requirements. One of the objectives of the Chemical Regulation Simplification and Chemicals Action Plan (or simply the EU “omnibus”) is to simplify the FPR requirements. The European Commission’s proposed regulatory texts include modifications to the FPR and if these proposals are adopted as proposed this will remove the current ‘REACH+’ requirements of the FPR. Specifically, chemicals used in fertilisers at low volumes would no longer be subject to REACH requirements applicable to high-volume chemicals.
Many stakeholders believe that this proposal would ensure health and environmental safety whilst removing a significant obstacle to uptake of the FPR by companies. As the FPR evolves as a Regulation people are hopeful that it will reflect the best interests of all stakeholders involved.
If you need advice or assistance with the regulation of fertilising products, plant protection products, biocides or chemicals in the EU and UK, please do not hesitate to contact the experts at Kerona info@kerona.ie