5 years of application of the Mutual Recognition Regulation 2019/515

There are 2 different ways to register a fertilizer or biostimulant product in Europe:

  1. Through EU Regulation 2019/1009: The new European fertilizer and biostimulant law. It is mostly known by its acronym FPR (Fertilizer Product Regulation).
  2. Through National Laws of each country (27): All European countries have their own legislation or procedure. Each one defines the inclusion of a fertilizer or biostimulant in its internal market.

As a complement to national registrations and EU Regulation 2019/515, the principle of mutual recognition applies to the free movement of products in the internal market. This avoids unjustified barriers to trade. Its main objective is to strengthen the functioning of the internal market.

The principles of the Mutual Recognition Regulation are listed below:

  • The principle of mutual recognition applies in the field of free movement of goods.

  • According to the principle of mutual recognition, a product may be marketed in an EU Member State (“Member State of destination”) if it has been lawfully marketed in another EU Member State.

  • In case a Member State restricts the market access it needs to clearly justify why the market access has been restricted.

  • For a product to be considered legally marketed in another Member State, in addition to complying with the applicable national regulation, it must have been effectively placed on the market in the Member State of origin, it must have been available to end users in that state.

5 years after the implementation of the regulation, it is still not possible to apply this regulation in some countries. As we can see in the map, in 7 of the 27 EU countries it is not possible to apply Mutual Recognition.

In principle, a product authorized for sale in one EU country is authorized for all EU countries. In practice, the authorities in another EU target country might ask for additional information before authorizing you to sell your products.

When the requirements of the products to be marketed are harmonized in the EU, the principle of mutual recognition does not apply and, instead, the fertilizer products regulation EU 2019/1009 applies.

On Thursday, May 16, the Sixth AEFA Technical Conference organized by the Spanish Association of Agronutrient Manufacturers (AEFA) was held at the Spanish Engineering Institute in Madrid. Under the slogan “Regulatory Challenges of Biostimulants and Microorganisms”, the conference was a meeting point to learn first-hand about regulatory developments, specific problems and resolve doubts raised by the sector.

Every year, AEFA organizes technical conferences aimed at providing answers/updates on regulations/trends affecting the agronutrition industry. These conferences are a great opportunity for industry professionals to meet and share knowledge.

At the conference, Ferran Soldevila, General Manager of Sun Chemicals Services, addressed the current situation of the European law EU 2019/515 on Mutual Recognition. This gave a detailed overview of the challenges and opportunities presented by this regulation, and how companies can adapt and benefit from its implementation.

May 2024

Sun Chemicals Services Team

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