The EC Fertilisers (Scotland) Regulations 2006

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, are made under section 2(2) of the European Communities Act 1972 and implement in Scotland Regulation (EC) No. 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers (O.J. No. L 304, 21.11.2003, p.1.) (“the Community Regulation”).

The Regulations create offences for breaches of the Community Regulation by manufacturers of fertilisers. “Manufacturer” is defined in Article 2 of the Community Regulation.

The Regulations describe the types of fertiliser that may be designated as an “EC fertiliser” (regulation 3).

Regulation 4 makes provision in respect of compliance with the provisions on tolerances set out in the Community Regulation.

General provisions for the identification, marking, labelling and packaging of fertilisers designated as EC fertilisers are applied by regulation 5. The Regulations also apply additional requirements for the marking and identification of inorganic primary nutrient fertilisers (regulation 6) and inorganic secondary nutrient fertilisers (regulation 7) as well as additional provisions relating to the marking, identification and packaging of inorganic micro-nutrient fertilisers (regulation 8).

Manufacturers are required to keep the records described in Article 8 of the Community Regulation (regulation 9).

In the event that a fertiliser designated as an EC fertiliser fails to comply with the requirements of the Community Regulation in a manner which is not an offence under these Regulations, the Scottish Ministers may serve a compliance notice (regulation 10). Further provisions relating to compliance notices are set out in regulation 14.

Local authorities are responsible for enforcing these Regulations (regulation 11) with powers of entry set out in regulation 12, powers of inspectors set out in regulation 13 and offences in relation to obstruction of persons acting in the execution of these Regulations set out in regulation 15.

Provisions relating to the approval of laboratories competent to analyse samples for the purposes of the Community Regulation are set out in regulation 16 and specific provisions for the treatment of samples are contained in regulation 17.

Inspectors have the power to require remedial action to be taken in respect of a fertiliser designated as an EC fertiliser where it is believed that an offence under the Regulations has been committed, or to seize the fertiliser for the purposes of making an application to a sheriff for its destruction or disposal (regulation 18).

Regulation 19 provides the Scottish Ministers with a power to give directions for the mitigation or elimination of risk in circumstances where they have justifiable grounds for believing that an EC designated fertiliser, although complying with the requirements of the Community Regulation, constitutes a risk to safety or health of humans, animals or plants or a risk to the environment.

Penalties for offences under the Regulations are established by regulation 20. Regulation 20 also provides for a due diligence defence in proceedings for offences under the Regulations.

Regulation 21 provides that an act or omission which is an offence under the Regulations is not an offence under Part IV of the Agriculture Act 1970 (c. 40) or the Fertilisers Regulations 1991 (S.I. 1991/2197) and regulation 22 provides that the requirements of the Fertilisers (Sampling and Analysis) Regulations 1996 (S.I. 1996/1342) do not apply to sampling or analysis carried out for the purposes of these Regulations.

No regulatory impact assessment has been prepared in respect of these Regulations