EU Adopts New Biodegradability Criteria for EU Fertilising Products

Key Changes

The newly adopted delegated regulations amend the existing Regulation (EU) 2019/1009, which sets out rules for the availability on the market of EU fertilising products. The amendments include specific criteria for biodegradability, particularly focusing on polymers used in various agricultural applications.

1. Coating Agents and Water Retention Agents: From 17 October 2028, only polymers that occur naturally and are not chemically modified, or those that meet strict biodegradability standards, can be used. The polymers must achieve at least 90% degradation or mineralisation over a specified period, ensuring minimal environmental impact.
2. Mulch Films: The inclusion of mulch films under Component Material Category 9 (CMC 9) marks a significant step in regulating their use. These films must comply with stringent biodegradability criteria, which include passing both acute and chronic toxicity tests to ensure they do not harm soil health or aquatic environments. The regulations mandate that mulch films must degrade substantially within 24 months, with a minimum of 90% mineralisation.
3. Miscellaneous Amendments: The regulations also address the categorisation of EU fertilising products containing potentially hazardous pathogens like Enterococcus. The amendments clarify the permissible limits and testing methods for these pathogens, ensuring that products meet safety standards without unnecessary testing burdens.

Stakeholder Engagement

The European Commission consulted widely with member states, industry experts, and non-governmental organisations (NGOs) before adopting these amendments. The consultations included several expert group meetings and public feedback sessions. Notably, organisations such as the Asociación Ambiente Europeo (AAE) and the Global Organization for PHA provided significant input, emphasising the importance of these regulations for reducing marine plastic pollution and encouraging the use of biodegradable agricultural materials.

The public consultation period for these amendments ran from 8 March to 5 April 2024, during which various stakeholders expressed their views and concerns. The feedback was generally supportive, with many stakeholders advocating for stricter environmental protections.

Next Steps

The new regulations are set to enter into force following their publication in the Official Journal of the European Union. They will be binding in their entirety and directly applicable across all EU member states, ensuring uniform implementation and enforcement. This initiative is part of the EU's broader commitment to environmental sustainability, aligning with the goals of the European Green Deal and the Circular Economy Action Plan.

As the European Commission continues to refine and enforce environmental regulations, these latest amendments represent a crucial step towards more sustainable agricultural practices and reduced environmental impact from fertilising products.