Although often unknown to the general public, the regulation of fertilisers within the European Union is a complex system of standards and procedures that directly affects all market stakeholders. From product design to market placement, each stage is governed by national and European rules aiming to ensure user safety, environmental protection and product quality. In this article, we will demystify this regulatory universe, explore its different layers, and examine how it shapes the fertiliser market in France.
Hang tight as we unravel this often-confusing world to help you navigate it with ease.
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Setting the Rules: Understanding the European and French Markets
The Rule Keepers: Who Oversees Fertilisers in France?
Setting the Rules: Understanding the European and French Markets
A market can be defined by the type of product being sold, and the location of the transaction. The concept of location is essential because, depending on where the transaction takes place, the rules of commerce may differ. In the EU, there is the European market, known as the Schengen Area, which is itself divided into “sub-markets” corresponding to each Member State.
In Europe, market rules operate at two levels:
- The first level is the overarching regulation from the European Union, issued by the European Commission. It establishes general or directly applicable rules that Member States must enforce or implement.
- The second level preserves national sovereignty, allowing each Member State to apply its own national regulations on its territory.
These two regulatory levels may:
- Not coexist (e.g. if national regulations disappear or EU regulations are not applied),
- Coexist independently,
- Or complement one another.
For instance, the methodology for evaluating plant protection products is standardised across the EU. However, each Member State independently decides whether to grant market authorisation. As for fertilisers, both regulatory levels can apply simultaneously: within the same territory, you might find one fertiliser placed on the market under EU regulations and another under the applicable national regulations. Regulation means oversight The European Union ensures that its regulations are properly enforced by Member States, but it does not directly oversee national markets. It can sanction a Member State but not individual companies. Monitoring and enforcement are the responsibility of each country. In France, two bodies share responsibility for market oversight:
- The DGCCRF (General Directorate for Competition, Consumer Affairs and Fraud Control), which monitors the domestic market
- And the DGDDI (General Directorate of Customs and Indirect Taxes), which focuses more on imported products.
These two authorities are in charge of verifying the compliance of fertilisers sold on the French market. Marketing a non-compliant product exposes the company to potential sanctions and fines following an inspection. Results of random inspection campaigns may be published publicly on the DGCCRF website – see the latest one on biostimulants published in October 2022.
The Rule Keepers: Who Monitors Fertilisers in France?
In France, there are nearly three regulatory pathways available for placing fertilisers on the market.
The first involves AFNOR standards, known as NFU standards.
These are reference texts that describe fertiliser categories. Each category outlines acceptable compositions, the intended function, quality requirements and labelling rules.
- NF U 42-001-1: Mineral fertilisers
- NF U 44-051: Organic soil improvers
- NF U 44-204: Fertilising materials with agronomic additives
Although these standards cover a wide range of products, they cannot capture the full diversity of fertilising materials. When a product does not fit within these categories, it must obtain an Authorisation for Market Placement (AMM).
In France, the agency responsible for evaluating and issuing AMMs for fertilising materials and crop materials is ANSES. Based on a regulatory dossier that meets the requirements outlined in the NFU standards, as well as in relevant ANSES decrees and guidelines, the agency issues an AMM number, which allows the product to be legally marketed. This includes fertilisers with unusual compositions and those for which claims are made — such as biostimulants.
These first two pathways only allow marketing within France.
The third route allows marketing across the entire European Union.
This is covered by the European Fertilising Products Regulation (FPR) 2019/1009. It also defines composition, function, quality, and labelling requirements. Depending on the product, certification may be required — for example, if the product contains micro-organisms or has a plant biostimulant function. Certifications are issued by Notifying Bodies (NBs), which are organisations authorised by the EU.
Regardless of the regulatory path chosen, both raw materials and finished products must comply with Regulation 1907/2006 (REACH) concerning the safe use of substances.
European Regulation 2019/1009: A New Era for Fertilisers
Since July 2022, EU Regulation 2019/1009 has replaced its predecessor, Regulation 2003/2003, which was structured similarly to the AFNOR NFU standards.
- It officially defines and legitimises the concept of plant biostimulants.
- It clarifies and categorises the concept of fertilisers and their different functions, such as fertilising, soil improvement and biostimulation.
Beyond functions, the regulation also addresses the types of raw materials that can be used in fertilising products. It departs from previous systems that imposed restrictive ingredient lists for each function.
But can’t a mineral be used in a fertiliser, a soil improver or even a biostimulant?
Can’t a micro-organism serve both as a soil improver and a plant biostimulant?
The regulation innovates further by allowing the combination of 2 fertilisers and 2 product functions — for example, a product that improve soil structure — something previously unimaginable.
Any claim made must be substantiated by evidence of efficacy. For plant biostimulant claims specifically, there are five European technical specifications — known as CEN/TS 17700 numbered 1 to 5 — that define what constitutes biostimulation and how such claims must be validated through experimentation.
Once the technical dossier is complete, it can be submitted to a Notifying Body selected from the official EU list for certification. There are two levels of certification:
- The first involves an evaluation of the technical dossier and product analysis for compliance.
- The second includes an audit of the manufacturing site.
The certification level focus on:
- The composition and risk level of the raw materials used — e.g., micro-organisms, compost, etc.
- The function of the product — plant biostimulants require mandatory efficacy verification.
In Practice… Navigating Labels in the Regulatory Labyrinth!
… as a marketer:
A prior analysis of the product against both national and European regulations can help avoid regulatory dead ends (as no regulation is perfect!) while considering the costs and time required to compile compliance dossiers.
… as a distributor or farmer in France:
Not all products are necessarily certified under either regulatory framework. To check whether a product complies with a regulation, look at the label!
In Conclusion
A fertiliser will always include:
- An NFU code if following on French standards, an AMM number if certified by ANSES, or the "CE" marking if it falls under the European regulations.
- The regulatory designation, which typically describes the product’s function and possibly its composition – mineral, organic, NPK, etc.
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Although often unknown to the general public, the regulation of fertilisers within the European Union is a complex system of standards and procedures that directly affects all market stakeholders. From product design to market placement, each stage is governed by national and European rules aiming to ensure user safety, environmental protection and product quality. In […]
...Although often unknown to the general public, the regulation of fertilisers within the European Union is a complex system of standards and procedures that directly affects all market stakeholders. From product design to market placement, each stage is governed by national and European rules aiming to ensure user safety, environmental protection and product quality. In […]
...Although often unknown to the general public, the regulation of fertilisers within the European Union is a complex system of standards and procedures that directly affects all market stakeholders. From product design to market placement, each stage is governed by national and European rules aiming to ensure user safety, environmental protection and product quality. In […]
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