Key takeaway
What This Development Means
The European Commission has adopted new regulations that establish biodegradability criteria for polymers used in EU fertilising products, such as coating agents, water retention agents, and mulch films. These regulations also introduce technical amendments to improve environmental protection and ensure product safety. The regulations specify that only biodegradable polymers or naturally occurring ones can be used, and they must meet strict degradation standards. The amendments also address safety standards for pathogens in fertilising products and ensure that these products meet safety standards without unnecessary testing. The new regulations will be enforceable across all EU member states, supporting the EU's commitment to environmental sustainability.
What specific biodegradability criteria must polymers in EU fertilising products meet under the new regulations?
The new regulations stipulate that polymers in EU fertilising products, including coating agents, water retention agents, and mulch films, must either be naturally occurring and unmodified or meet strict biodegradability criteria. These criteria require the polymers to achieve at least 90% ultimate degradation or mineralisation. For coating agents and water retention agents, this degradation must occur within 48 months, plus any specified functionality period. For mulch films, the degradation must occur within 24 months, plus any functionality period. Additionally, the polymers must pass specific toxicity tests, such as plant growth acute toxicity, earthworm acute toxicity, and nitrification inhibition tests, to ensure they do not adversely affect soil health or aquatic environments.
What are the testing methods and conditions specified in the new regulations for demonstrating the biodegradability of polymers used in mulch films?
The new regulations require that the biodegradability of polymers in mulch films be demonstrated using established testing methods such as EN ISO 17556:2019, ASTM D5988-96:2018, and EN/ISO 14851:2019, among others. These tests assess the ultimate aerobic biodegradability of plastic materials in soil and aqueous environments. The tests must demonstrate at least 90% mineralisation or degradation, with a minimum of 45% ultimate degradation within a specified timeframe, if accelerated testing at 37°C is used. The polymers must also pass a chronic toxicity test for earthworms, ensuring that the mulch films do not negatively impact soil fauna and overall soil health.
The European Commission has officially adopted new regulations establishing biodegradability criteria for polymers used in EU fertilising products, including coating agents, water retention agents, and mulch films. The new regulations also introduce several technical amendments aimed at enhancing environmental protection and ensuring the safe use of these products across the EU market.
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.
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.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.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.
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