Regulation (EU) 2019/1009 on fertilisers and biostimulants

CMC

ANNEX II. COMPONENT MATERIAL CATEGORIES (CMCs)

An EU fertilising product shall consist solely of component materials complying with the requirements for one or more of the CMCs.

The component materials, and the input materials used to produce them, shall not contain any of the substances for which maximum limit values are indicated in the PFC in such quantities as to jeopardise the EU fertilising product’s compliance with the applicable requirements specifieds.

Designation of CMCs

CMC 1: Virgin material substances and mixtures

CMC 2: Plants, plant parts or plant extracts

CMC 3: Compost

CMC 4: Fresh crop digestate

CMC 5: Digestate other than fresh crop digestate

CMC 6: Food industry by-products

CMC 7: Micro-organisms

CMC 8: Nutrient polymers

CMC 9: Polymers other than nutrient polymers

CMC 10: Derived products within the meaning of Regulation (EC) No 1069/2009

CMC 11: By-products within the meaning of Directive 2008/98/EC

CMC 12: Precipitated phosphate salts and derivates

CMC 13: Thermal oxidation materials and their derivatives

CMC 14: Pyrolysis And Gasification Materials

CMC 15: Recovered high purity materials

CMC 1: Virgin material substances and mixtures

Refer to raw materials or components used in the production of fertilizers that are newly extracted, sourced, or manufactured and have not been previously used or recycled. These materials are obtained directly from natural sources or synthesized through a manufacturing process and have not undergone any prior treatment or transformation.

The EU Fertilizer Regulation sets specific requirements and standards for the use of “Virgin material substances and mixtures” in fertilizers to ensure their safety, quality, and environmental impact. These requirements may include limits on certain substances, nutrient content, or specific manufacturing processes.

An EU fertilising product may contain substances and mixtures, except ([1]):   (a) waste within the meaning of Directive 2008/98/EC,   (b) substances or mixtures which have ceased to be waste in one or more Member States by virtue of the national measures transposing Article 6 of Directive 2008/98/EC,   (c) substances formed from precursors which have ceased to be waste in one or more Member States by virtue of the national measures transposing Article 6 of Directive 2008/98/EC, or mixtures containing such substances,   (d) by-products within the meaning of Directive 2008/98/EC,   (e) animal by-products or derived products within the meaning of Regulation (EC) No 1069/2009,   (f) polymers,   (g) compost, or   (h) digestate.

CMC 2: Plants, plant parts or plant extracts

Refer to materials derived from plants that are used as components in the production of fertilizers.

According to the regulation, can be used in the manufacturing of fertilizers, provided they meet certain criteria and conditions. These criteria may include ensuring that the plant-based materials are safe, free from harmful substances, and meet the necessary quality standards for use as fertilizer components.

Additionally, must comply with any specific requirements outlined in the regulation regarding their use in fertilizers. The EU Fertilizer Regulation may establish specific limits or restrictions on certain substances or contaminants present in these plant-based materials to ensure their safety and environmental impact.

An EU fertilising product may contain plants, plant parts or plant extracts having undergone no other processing than cutting, grinding, milling, sieving, sifting, centrifugation, pressing, drying, frost treatment, freeze-drying or extraction with water or supercritical CO2 extraction.   For the purpose of this point, plants include mushrooms and algae and exclude blue-green algae (cyanobacteria).

CMC 3: Compost

Refers to a type of organic fertilizer derived from the decomposition of organic materials. Compost is produced through a controlled process of composting, where microorganisms break down the organic matter into a nutrient-rich material suitable for use as a soil amendment or fertilizer.

Under the EU Fertilizer Regulation, compost can be considered an organic fertilizer and falls under the category of “organic fertilizers” or “organomineral fertilizers” depending on its composition. To be used as a fertilizer in the EU market, compost must meet specific criteria and standards outlined in the regulation.

These criteria may include requirements related to nutrient content, stability, maturity, and the absence of harmful substances. Compost that fulfills these standards can be labeled and marketed as a fertilizer, providing a valuable source of nutrients to improve soil fertility, structure, and water retention.

As with other types of fertilizers, the use of compost in the EU must comply with the EU Fertilizer Regulation’s guidelines to ensure its safety and environmental impact. Manufacturers and distributors of compost products are responsible for conducting appropriate assessments and providing relevant documentation to demonstrate compliance with the regulation’s standards for organic fertilizers.

An EU fertilising product may contain compost obtained through aerobic composting of exclusively one or more of the following input materials:   (a) bio-waste within the meaning of Directive 2008/98/EC resulting from separate bio-waste collection at source;   (b) derived products referred to in Article 32 of Regulation (EC) No 1069/2009 for which the end point in the manufacturing chain has been determined in accordance with the third subparagraph of Article 5(2) of that Regulation;   (c) living or dead organisms or parts thereof, which are unprocessed or processed only by manual, mechanical or gravitational means, by dissolution in water, by flotation, by extraction with water, by steam distillation or by heating solely to remove water, or which are extracted from air by any means, except:   — the organic fraction of mixed municipal household waste separated through mechanical, physicochemical, biological and/or manual treatment,   — sewage sludge, industrial sludge or dredging sludge, and   — animal by-products or derived products falling within the scope of Regulation (EC) No 1069/2009 for which no end point in the manufacturing chain has been determined in accordance with the third subparagraph of Article 5(2) of that Regulation;   (d) composting additives which are necessary to improve the process performance or the environmental performance of the composting process provided that:   (i) the additive is registered pursuant to Regulation (EC) No 1907/2006 (3), with a dossier containing:   — the information provided for by Annexes VI, VII and VIII to Regulation (EC) No 1907/2006, and   — a chemical safety report pursuant to Article 14 of Regulation (EC) No 1907/2006 covering the use as a fertilising product, unless explicitly covered by one of the registration obligation exemptions provided for by Annex IV to Regulation (EC) No 1907/2006 or by point 6, 7, 8 or 9 of Annex V to that Regulation, and   (ii) the total concentration of all additives does not exceed 5 % of the total input material weight; or   (e) any material listed in points (a), (b) or (c) which:   (i) has previously been composted or digested, and   (ii) contains no more than 6 mg/kg dry matter of PAH16.

CMC 4: Fresh crop digestate

Refers to a type of organic fertilizer derived from the anaerobic digestion of agricultural crops and residues. Anaerobic digestion is a biological process where microorganisms break down organic materials, such as crop residues and plant matter, in the absence of oxygen. This process produces a nutrient-rich material known as digestate.

Fresh crop digestate is obtained when the anaerobic digestion process is applied specifically to fresh agricultural crops or their residues, resulting in a liquid or semi-liquid material with high nutrient content.

Under the EU Fertilizer Regulation, fresh crop digestate can be classified as an organic fertilizer or an organomineral fertilizer, depending on its composition and nutrient content. To be used as a fertilizer within the EU market, fresh crop digestate must meet specific criteria and standards outlined in the regulation.

These criteria may include requirements related to nutrient content, stability, maturity, and the absence of harmful substances. Fresh crop digestate that meets these standards can be labeled and marketed as a fertilizer, providing valuable nutrients to improve soil fertility and support plant growth.

As with other fertilizers, the use of fresh crop digestate in the EU must comply with the EU Fertilizer Regulation’s guidelines to ensure its safety and environmental impact. Manufacturers and distributors of fresh crop digestate products are responsible for conducting appropriate assessments and providing relevant documentation to demonstrate compliance with the regulation’s standards for organic fertilizers or organomineral fertilizers.

An EU fertilising product may contain digestate obtained through anaerobic digestion of exclusively one or more of the following input materials:   (a) plants or plant parts grown for the production of biogas. For the purpose of this point, plants include algae and exclude blue-green algae (cyanobacteria);   (b) digestion additives which are needed to improve the process performance or the environmental performance of the digestion process provided that:   (i) the additive is registered pursuant to Regulation (EC) No 1907/2006 (6), with a dossier containing:   — the information provided for by Annexes VI, VII and VIII to Regulation (EC) No 1907/2006, and   — a chemical safety report pursuant to Article 14 of Regulation (EC) No 1907/2006 covering the use as a fertilising product,   unless explicitly covered by one of the registration obligation exemptions provided for by Annex IV to Regulation (EC) No 1907/2006 or by point 6, 7, 8 or 9 of Annex V to that Regulation, and   (ii) the total concentration of all additives does not exceed 5 % of the total input material weight; or   (c) any material referred to in point (a) that has previously been digested.

CMC 5: Digestate other than fresh crop digestate

Refers to a type of organic fertilizer derived from the anaerobic digestion process applied to various organic materials other than fresh agricultural crops or their residues.

Anaerobic digestion is a biological process where microorganisms break down organic materials in the absence of oxygen, producing a nutrient-rich material known as digestate. However, in the case of “Digestate other than fresh crop digestate,” the feedstock used for the anaerobic digestion process can include various sources of organic materials, such as food waste, animal manure, sewage sludge, and other organic residues.

The digestate resulting from the anaerobic digestion of these diverse organic sources may have varying nutrient content, consistency, and characteristics compared to fresh crop digestate.

Similar to fresh crop digestate, “Digestate other than fresh crop digestate” can be classified as an organic fertilizer or organomineral fertilizer under the EU Fertilizer Regulation, depending on its composition and nutrient content.

For this type of digestate to be used as a fertilizer within the EU market, it must meet specific criteria and standards set out in the regulation. These criteria may include requirements related to nutrient content, stability, maturity, and the absence of harmful substances.

Manufacturers and distributors of “Digestate other than fresh crop digestate” products are responsible for conducting appropriate assessments and providing relevant documentation to demonstrate compliance with the regulation’s standards for organic fertilizers or organomineral fertilizers. This ensures that the use of this type of digestate as a fertilizer is safe and environmentally sustainable.

An EU fertilising product may contain digestate obtained through anaerobic digestion of exclusively one or more of the following input materials:   (a) bio-waste within the meaning of Directive 2008/98/EC resulting from separate bio-waste collection at source;   (b) derived products referred to in Article 32 of Regulation (EC) No 1069/2009 for which the end point in the manufacturing chain has been determined in accordance with the third subparagraph of Article 5(2) of that Regulation;   (c) living or dead organisms or parts thereof which are unprocessed or processed only by manual, mechanical or gravitational means, by dissolution in water, by flotation, by extraction with water, by steam distillation or by heating solely to remove water, or which are extracted from air by any means, except:   (i) the organic fraction of mixed municipal household waste separated through mechanical, physicochemical, biological and/or manual treatment,   (ii) sewage sludge, industrial sludge or dredging sludge,   (iii) animal by-products or derived products falling within the scope of Regulation (EC) No 1069/2009 for which no end point in the manufacturing chain has been determined in accordance with the third subparagraph of Article 5(2) of that Regulation;   (d) digestion additives which are necessary to improve the process performance or the environmental performance of the digestion process provided that:   (i) the additive is registered pursuant to Regulation (EC) No 1907/2006 (8), with a dossier containing:   — the information provided for by Annexes VI, VII and VIII to Regulation (EC) No 1907/2006, and   — a chemical safety report pursuant to Article 14 of Regulation (EC) No 1907/2006 covering the use as a fertilising product,   unless explicitly covered by one of the registration obligation exemptions provided for by Annex IV to Regulation (EC) No 1907/2006 or by point 6, 7, 8 or 9 of Annex V to that Regulation, and   (ii) the total concentration of all additives does not exceed 5 % of the total input material weight; or   (e) any material listed in points (a), (b) or (c) which:   (i) has previously been composted or digested, and   (ii) contains no more than 6 mg/kg dry matter of PAH16.

CMC 6: Food industry by-products

Refers to organic materials that are generated as by-products during food processing and manufacturing operations. These by-products can include various residues and waste materials from the food industry, such as fruit and vegetable peels, food scraps, and processing residues.

Under the EU Fertilizer Regulation, “Food industry by-products” can be utilized as a source for the production of organic fertilizers or organomineral fertilizers. These materials can be processed through composting or anaerobic digestion to produce nutrient-rich products suitable for use as fertilizers in agriculture and horticulture.

To be used as a fertilizer within the EU market, “Food industry by-products” must meet specific criteria and standards outlined in the regulation. These criteria may include requirements related to nutrient content, stability, maturity, and the absence of harmful substances.

The EU Fertilizer Regulation encourages the recycling and utilization of “Food industry by-products” as organic fertilizers to promote sustainable agricultural practices and reduce waste. By converting these by-products into valuable fertilizers, the regulation supports circular economy principles and helps reduce the environmental impact associated with food waste disposal.

Manufacturers and distributors of fertilizers derived from “Food industry by-products” are responsible for conducting appropriate assessments and providing relevant documentation to demonstrate compliance with the regulation’s standards for organic fertilizers or organomineral fertilizers. This ensures that the use of these materials as fertilizers is safe and environmentally beneficial.

An EU fertilising product may contain component material consisting of one of the following substances:   (a) food industry factory lime, i.e. a material from the food processing industry obtained by carbonation of organic matter, using exclusively burnt lime from natural sources;   (b) molasses, i.e. a viscous by-product of the refining of sugarcane or sugar beets into sugar;   (c) vinasse, i.e. a viscous by-product of the fermentation process of molasses into ethanol, ascorbic acid or other products;   (d) distillers grains, i.e. by-products resulting from the production of alcoholic beverages;   (e) plants, plant parts or plant extracts having undergone only heat treatment or heat treatment in addition to processing methods referred to in CMC 2; or   (f) lime from drinking water production, i.e. residue which is released by production of drinking water from groundwater or surface water and consists, mainly, of calcium carbonate.

CMC 7: Micro-organisms

Refer to living organisms that are microscopic in size and can play a beneficial role in the production of fertilizers. These microorganisms may include various types of bacteria, fungi, and other microorganisms that have specific functions in agricultural or horticultural practices.

Under the EU Fertilizer Regulation, certain microorganisms can be utilized in the production of microbial fertilizers, which are products containing live beneficial microorganisms designed to enhance soil fertility and plant growth. These microbial fertilizers can improve nutrient availability, promote plant health, and support sustainable agricultural practices.

The regulation sets specific requirements for the use of microorganisms in microbial fertilizers to ensure their safety and efficacy. Manufacturers of microbial fertilizers must provide scientific evidence demonstrating the positive effects of the microorganisms on plant growth and soil health.

Microbial fertilizers must also meet specific criteria to ensure the viability and stability of the microorganisms during storage and application.

By allowing the use of beneficial microorganisms in fertilizers, the EU Fertilizer Regulation promotes environmentally friendly and sustainable agricultural practices, fostering a more balanced and efficient use of nutrients while reducing the need for chemical fertilizers.

As with other fertilizers, manufacturers and distributors of microbial fertilizers are responsible for conducting appropriate assessments and providing relevant documentation to demonstrate compliance with the regulation’s standards for microorganisms in fertilizers. This ensures that the use of microorganisms in fertilizers is safe and effective for agricultural and horticultural purposes.

An EU fertilising product belonging to PFC 6(A) may contain micro-organisms, including dead or empty-cell microorganisms and non-harmful residual elements of the media on which they were produced, which:   — have undergone no other processing than drying or freeze-drying; and   — are listed in the following table:   Azotobacter spp.Mycorrhizal fungi Rhizobium spp.Azospirillum spp.

CMC 8: Nutrient polymers

Refer to a type of synthetic or chemically modified materials used as a source of nutrients in fertilizers. These polymers are designed to slowly release nutrients over time, providing a controlled and sustained supply of essential elements to plants.

Under the EU Fertilizer Regulation, nutrient polymers can be used in the production of controlled-release fertilizers. Controlled-release fertilizers are formulated with special coatings or matrices that control the rate at which nutrients are released based on factors like soil temperature, moisture, and microbial activity. This controlled-release mechanism helps optimize nutrient uptake by plants and reduces nutrient losses through leaching or volatilization.

The regulation sets specific requirements for the use of nutrient polymers in controlled-release fertilizers to ensure their safety, efficacy, and environmental impact. Manufacturers of controlled-release fertilizers must provide scientific evidence demonstrating the effectiveness of nutrient release from the polymers and their suitability for agricultural and horticultural applications.

Additionally, controlled-release fertilizers containing nutrient polymers must meet specific criteria to ensure that the release of nutrients occurs in a predictable and efficient manner throughout the plant’s growth stages.

By allowing the use of nutrient polymers in controlled-release fertilizers, the EU Fertilizer Regulation promotes more efficient and environmentally friendly nutrient management in agriculture and horticulture.

As with other fertilizers, manufacturers and distributors of controlled-release fertilizers with nutrient polymers are responsible for conducting appropriate assessments and providing relevant documentation to demonstrate compliance with the regulation’s standards for these materials. This ensures that the use of nutrient polymers in fertilizers is safe, effective, and environmentally sustainable.

An EU fertilising product may contain polymers exclusively made up of monomer substances complying with the criteria set out in points 1 and 2 of CMC 1, where the purpose of the polymerisation is to control the release of nutrients from one or more of the monomer substances.

CMC 9: Polymers other than nutrient polymers

Refers to synthetic or chemically modified materials that are used in the production of fertilizers but are not primarily intended for nutrient release. These polymers may serve various functions in fertilizers, such as improving product performance, enhancing nutrient retention, or providing other beneficial properties.

Unlike nutrient polymers, which are designed for slow and controlled nutrient release, “Polymers other than nutrient polymers” may have different roles in the formulation and effectiveness of fertilizers. For example, these polymers may act as binders, adhesives, stabilizers, or film formers, contributing to the physical characteristics and functionality of the fertilizer product.

Under the EU Fertilizer Regulation, “Polymers other than nutrient polymers” used in fertilizers must comply with specific requirements to ensure their safety, efficacy, and environmental impact. Manufacturers must provide scientific evidence demonstrating the suitability of these polymers for their intended purpose in fertilizers and their compatibility with agricultural or horticultural applications.

Additionally, the regulation sets criteria for the presence of certain substances, such as heavy metals, in fertilizers containing polymers to ensure they meet safety and environmental standards.

By regulating the use of “Polymers other than nutrient polymers” in fertilizers, the EU Fertilizer Regulation aims to promote safe and effective products while minimizing potential risks to human health and the environment.

As with other types of fertilizers, manufacturers and distributors of fertilizers containing “Polymers other than nutrient polymers” are responsible for conducting appropriate assessments and providing relevant documentation to demonstrate compliance with the regulation’s standards. This ensures that the use of these polymers in fertilizers is safe, beneficial, and environmentally sustainable.

An EU fertilising product may contain polymers other than nutrient polymers only in cases where the purpose of the polymer is:   (a) to control the water penetration into nutrient particles and thus the release of nutrients (in which case the polymer is commonly referred to as a ‘coating agent’),   (b) to increase the water retention capacity or wettability of the EU fertilising product, or   (c) to bind material in an EU fertilising product belonging to PFC 4.

CMC 10: Derived products within the meaning of Regulation (EC) No 1069/2009

Refers to materials that are produced from the processing of animal by-products or plant-based organic materials in accordance with Regulation (EC) No 1069/2009.

Regulation (EC) No 1069/2009 lays down health rules regarding animal by-products and derived products not intended for human consumption. It sets requirements for the collection, handling, processing, and use of animal by-products to ensure public health and safety.

In the EU Fertilizer Regulation, derived products obtained from animal by-products or plant-based organic materials that comply with the provisions of Regulation (EC) No 1069/2009 can be used as components in the production of fertilizers.

To be used as fertilizers within the EU market, derived products must meet specific criteria and standards outlined in the EU Fertilizer Regulation. These criteria may include requirements related to nutrient content, stability, maturity, and the absence of harmful substances.

By allowing the use of derived products from animal by-products and plant-based organic materials in fertilizers, the EU Fertilizer Regulation supports the recycling and sustainable utilization of these materials. This contributes to the circular economy principles, reduces waste, and promotes environmentally friendly agricultural practices.

Manufacturers and distributors of fertilizers containing derived products must conduct appropriate assessments and provide relevant documentation to demonstrate compliance with the regulation’s standards. This ensures that the use of derived products in fertilizers is safe, effective, and environmentally sustainable, while also adhering to the health rules set by Regulation (EC) No 1069/2009.

An EU fertilising product may contain derived products within the meaning of Regulation (EC) No 1069/2009 having reached the end point in the manufacturing chain as determined in accordance with that Regulation, and which are listed in the following table and as specified therein in Article 42(5).

CMC 11: By-products within the meaning of Directive 2008/98/EC

Refers to materials that are produced as a result of a production process but are not the primary intended product. These by-products are considered under the waste management framework provided by Directive 2008/98/EC on waste.

Directive 2008/98/EC sets out waste management principles and rules to promote recycling, reuse, and recovery of materials and to minimize the environmental impact of waste. The directive establishes criteria to determine when certain materials are no longer considered waste but can be regarded as by-products.

Under the EU Fertilizer Regulation, by-products that meet the criteria of Directive 2008/98/EC can be utilized as components in the production of fertilizers. These materials may include, for example, certain types of agricultural residues, food industry by-products, or other waste materials that have undergone specific treatment processes to qualify as by-products.

To be used as fertilizers within the EU market, by-products must meet specific criteria and standards outlined in the EU Fertilizer Regulation. These criteria may include requirements related to nutrient content, stability, maturity, and the absence of harmful substances.

By allowing the use of by-products that meet the criteria of Directive 2008/98/EC in fertilizers, the EU Fertilizer Regulation supports the circular economy principles and encourages the recycling and sustainable utilization of waste materials. This contributes to reducing waste generation, promoting resource efficiency, and fostering environmentally friendly agricultural practices.

Manufacturers and distributors of fertilizers containing by-products must conduct appropriate assessments and provide relevant documentation to demonstrate compliance with the regulation’s standards. This ensures that the use of by-products in fertilizers is safe, effective, and environmentally sustainable, while also adhering to the principles of waste management set by Directive 2008/98/EC.

An EU fertilising product may contain by-products within the meaning of Directive 2008/98/EC, except (13):   (a) animal by-products or derived products within the meaning of Regulation (EC) No 1069/2009,   (b) polymers,   (c) compost, or   (d) digestate.

CMC 12: Precipitated phosphate salts and derivates

Refer to a category of inorganic fertilizers that are produced through precipitation processes involving phosphate-containing compounds.

These fertilizers are derived from phosphoric acid and various phosphate sources, such as rock phosphate or bone meal, through precipitation reactions. The resulting precipitated phosphate salts and derivatives can be formulated into different types of phosphate fertilizers, which are essential for supplying phosphorus to plants, supporting their growth, and improving crop yield.

Under the EU Fertilizer Regulation, precipitated phosphate salts and derivatives must meet specific criteria and standards to be used as fertilizers in the EU market. These criteria may include requirements related to nutrient content, solubility, particle size distribution, and the absence of harmful substances like heavy metals or contaminants.

Different types of phosphate fertilizers derived from precipitated phosphate salts and derivatives can include water-soluble fertilizers, granular fertilizers, or liquid fertilizers, depending on the production process and intended application.

By regulating the use of precipitated phosphate salts and derivatives in fertilizers, the EU Fertilizer Regulation ensures their safety, efficacy, and environmental impact. This helps promote responsible fertilizer use and sustainable agricultural practices within the European Union.

Manufacturers and distributors of fertilizers containing precipitated phosphate salts and derivatives must conduct appropriate assessments and provide relevant documentation to demonstrate compliance with the regulation’s standards. This ensures that the use of these materials in fertilizers is safe, effective, and environmentally sustainable.

An EU fertilising product may contain precipitated phosphate salts obtained through precipitation exclusively from one or more of the following input materials:   (a) wastewaters and sewage sludge from municipal wastewater treatment plants, other than animal by-products or derived products within the scope of Regulation (EC) No 1069/2009;   (b) wastewaters and sludge from processing of foods, beverages, pet foods, animal feeds, or dairy products, other than animal by-products or derived products within the scope of Regulation (EC) No 1069/2009, unless processing steps involved contact with biocidal products within the meaning of Article 3(1), point (a), of Regulation (EU) No 528/2012 of the European Parliament and of the Council other than those defined as product-type 4 of main group 1 of Annex V to that Regulation;   (c) bio-waste within the meaning of Article 3, point 4, of Directive 2008/98/EC resulting from separate biowaste collection at source, other than animal by-products or derived products within the scope of Regulation (EC) No 1069/2009;   (d) processing residues within the meaning of Article 2, point (t), of Directive 2009/28/EC of the European Parliament and of the Council from the production of bioethanol and biodiesel derived from materials referred to in this point, sub-points (b), (c) and (e);   (e) living or dead organisms or parts thereof, which are unprocessed or processed only by manual, mechanical or gravitational means, dissolution in water, flotation, extraction with water, steam distillation or heating solely to remove water, or which are extracted from air by any means, except:   — materials originating from mixed municipal waste,   — sewage sludge, industrial sludge or dredging sludge,   — animal by-products or derived products within the scope of Regulation (EC) No 1069/2009;   (f) substances and mixtures, other than:   — those referred to in sub-points (a) to (e),   — waste within the meaning of Article 3,point 1, of Directive 2008/98/EC,   — substances or mixtures which have ceased to be waste in one or more Member States by virtue of the national measures transposing Article 6 of Directive 2008/98/EC,   — substances formed from precursors which have ceased to be waste in one or more Member States by virtue of the national measures transposing Article 6 of Directive 2008/98/EC, or mixtures containing such substances,   — non-biodegradable polymers,   — animal by-products or derived products within the scope of Regulation (EC) No 1069/2009.   In addition, precipitated phosphate salts shall be obtained through precipitation from any input material referred to in sub-points (a) to (f), or a combination thereof, processed by manual, mechanical or gravitational means, solid-liquid fractionation using biodegradable polymers, dissolution in water, flotation, extraction with water, steam distillation or heating solely to remove water, thermal hydrolysis, anaerobic digestion or composting. The temperature under such processes shall not be raised above 275 °C.

CMC 13: Thermal oxidation materials and their derivatives

Thermal oxidation materials and their derivatives refer to substances or products that are produced through thermal oxidation processes. Thermal oxidation involves subjecting materials to high temperatures in the presence of oxygen, leading to their partial or complete combustion. This process can be used for waste treatment, energy recovery, or to obtain specific chemical compounds.

Thermal oxidation materials might include certain by-products or residues resulting from thermal treatment processes, which can be utilized as components in the production of fertilizers. These materials may undergo further processing or refinement to create derivatives that meet the required standards for use in fertilizers.

An EU fertilising product may contain thermal oxidation materials obtained through thermochemical conversion under non-oxygen-limiting conditions exclusively from one or more of the following input materials:   (a) living or dead organisms or parts thereof, which are unprocessed or processed only by manual, mechanical or gravitational means, by dissolution in water, by flotation, by extraction with water, by steam distillation or by heating solely to remove water, or which are extracted from air by any means, except:   — materials originating from mixed municipal waste,   — sewage sludge, industrial sludge or dredging sludge, and   — animal by-products or derived products within the scope of Regulation (EC) No 1069/2009;   (b) vegetable waste from the food processing industry and fibrous vegetable waste from virgin pulp production and from production of paper from virgin pulp, if not chemically modified;   (c) bio-waste fraction resulting from subsequent treatment operations of bio-waste separately collected for recycling within the meaning of Directive 2008/98/EC, for which incineration delivers the best environmental outcome in accordance with Article 4 of that Directive other than animal by-products or derived products within the scope of Regulation (EC) No 1069/2009;   (d) materials resulting from a controlled microbial or thermochemical conversion process using exclusively the input materials referred to in sub-points (a), (b), and (c);   (e) sewage sludge from municipal wastewater treatment plants, other than animal by-products or derived products within the scope of Regulation (EC) No 1069/2009;   (f) materials from the independently operated treatment of waste water not covered by Council Directive 91/271/EEC (**) from food processing, pet food, feed, milk and drink industries, other than animal by-products or derived products within the scope of Regulation (EC) No 1069/2009;   (g) waste within the meaning of Directive 2008/98/EC with the exception of:   — input materials referred to in sub-points (a) to (f),   — hazardous waste within the meaning of Article 3, point 2 of Directive 2008/98/EC,   — materials originating from mixed municipal waste,   — bio-waste within the meaning of Article 3, point 4 of Directive 2008/98/EC resulting from separate bio-waste collection at source, and   — animal by-products or derived products within the scope of Regulation (EC) No 1069/2009; (h) auxiliary fuels (natural gas, liquefied gas, natural gas condensate, process gases and components thereof, crude-oil, coal, coke as well as their derived materials), when used to process input materials referred to in sub-points (a) to (g);   (i) substances which are used in production processes of the iron and steel industry; or   (j) substances and mixtures, with the exception of:   — input materials referred to in sub-points (a) to (i),   — waste within the meaning of Article 3, point 1 of Directive 2008/98/EC,   — substances or mixtures which have ceased to be waste in one or more Member States by virtue of the national measures transposing Article 6 of Directive 2008/98/EC,   — substances formed from precursors which have ceased to be waste in one or more Member States by virtue of the national measures transposing Article 6 of Directive 2008/98/EC, or mixtures containing such substances, and   — animal by-products or derived products within the scope of Regulation (EC) No 1069/2009.

CMC 14: Pyrolysis And Gasification Materials

Pyrolysis and gasification materials refer to substances or products that are derived from the processes of pyrolysis and gasification. Pyrolysis is a thermal decomposition process in the absence of oxygen, while gasification is a partial oxidation process with limited oxygen supply. Both processes involve the conversion of organic materials into biochar, biocarbon, syngas, and other by-products.

The European Union Fertilizer Regulation (Regulation (EU) 2019/1009) allows for the use of certain pyrolysis and gasification materials in the production of fertilizers, provided they meet specific criteria and standards outlined in the regulation. These criteria may include requirements related to nutrient content, stability, absence of harmful substances, and other characteristics necessary for safe and effective use as fertilizer components.

The use of pyrolysis and gasification materials in fertilizers supports the circular economy principles and encourages the recycling and sustainable utilization of organic waste and biomass. These processes can convert organic materials into valuable biochar or biocarbon, which can enhance soil health and nutrient retention.

Manufacturers and distributors of fertilizers containing pyrolysis and gasification materials must comply with the requirements set by the European fertilizer law and provide appropriate documentation to demonstrate the materials’ compliance with the regulation’s standards. This ensures that the use of pyrolysis and gasification materials in fertilizers is safe, effective, and environmentally sustainable.

An EU fertilising product may contain pyrolysis or gasification materials obtained through the thermochemical conversion under oxygen-limiting conditions of exclusively one or more of the following input materials:   (a) living or dead organisms or parts thereof, which are unprocessed or processed only by manual, mechanical or gravitational means, by dissolution in water, by flotation, extraction with water, by steam distillation or by heating solely to remove water, or which are extracted from air by any means, except:   — materials originating from mixed municipal waste,   — sewage sludge, industrial sludge or dredging sludge, and   — animal by-products or derived products within the scope of Regulation (EC) No 1069/2009;   (b) vegetable waste from the food processing industry and fibrous vegetable waste from virgin pulp production and from production of paper from virgin pulp, if not chemically modified; (c) processing residues within the meaning of Article 2, point (t) of Directive 2009/28/EC from the production of bioethanol and biodiesel, derived from materials referred to in sub-points (a), (b) and (d);   (d) bio-waste within the meaning of Article 3, point 4 of Directive 2008/98/EC resulting from separate biowaste collection at source, other than animal by-products or derived products within the scope of Regulation (EC) No 1069/2009 or   (e) pyrolysis or gasification additives which are necessary to improve the process performance or the environmental performance of the pyrolysis or gasification process, provided that those additives are consumed in chemical processing or used for such processing and that total concentration of all additives do not exceed 25 % of the fresh matter of the total input material, with the exception of:   — input materials referred to in sub-points (a) to (d),   — waste within the meaning of Article 3, point 1 of Directive 2008/98/EC,   — substances or mixtures which have ceased to be waste in one or more Member States by virtue of the national measures transposing Article 6 of Directive 2008/98/EC,   — substances formed from precursors which have ceased to be waste in one or more Member States by virtue of the national measures transposing Article 6 of Directive 2008/98/EC, or mixtures containing such substances,   — non-biodegradable polymers, and   — animal by-products or derived products within the scope of Regulation (EC) No 1069/2009.   An EU fertilising product may contain pyrolysis or gasification materials obtained through thermochemical conversion under oxygen-limiting conditions of any input material referred to in sub-points (a) to (e), or combination thereof, processed by manual, mechanical or gravitational means, by solid-liquid fractionation using biodegradable polymers, by dissolution in water, by flotation, by extraction with water, by steam distillation or by heating solely to remove water, by composting or by anaerobic digestion.

CMC 15 : Recovered high purity materials

Refer to substances or materials that have undergone a recovery process to increase their purity and quality. These materials are typically obtained from waste streams, by-products, or other secondary sources and are treated to remove impurities and contaminants, resulting in a high-quality product that can be used as a component in fertilizers.

The European Union Fertilizer Regulation (Regulation (EU) 2019/1009) allows for the use of certain recovered high purity materials in the production of fertilizers, provided they meet specific criteria and standards outlined in the regulation. These criteria may include requirements related to nutrient content, stability, absence of harmful substances, and other characteristics necessary for safe and effective use as fertilizer components.

The use of recovered high purity materials in fertilizers supports the circular economy principles and encourages the recycling and sustainable utilization of waste or secondary materials. By transforming these materials into valuable fertilizer components, the regulation promotes resource efficiency, reduces waste, and contributes to environmentally friendly agricultural practices.

Manufacturers and distributors of fertilizers containing recovered high purity materials must comply with the requirements set by the European fertilizer law and provide appropriate documentation to demonstrate the materials’ compliance with the regulation’s standards. This ensures that the use of recovered high purity materials in fertilizers is safe, effective, and environmentally sustainable.

An EU fertilising product may contain a recovered high purity material, which is ammonium salt, sulphate salt, phosphate salt, elemental sulphur, calcium carbonate or calcium oxide, or mixtures thereof, of a purity of at least 95 % dry matter of the material.

[1] The exclusion of a material from CMC 1 does not prevent it from being an eligible component material by virtue of another CMC stipulating different requirements. See, for instance, CMC 3 on compost, CMCs 4 and 5 on digestate, CMCs 8 and 9 on polymers, CMC 10 on derived products within the meaning of Regulation (EC) No 1069/2009 or CMC 11 on by-products within the meaning of Directive 2008/98/EC.