Eurofins Agroscience Regulatory expert comment on ANSES opinion of MFSC draft decree
EAR comments on ANSES opinion of a draft decree relating to agronomic quality and safety criteria for fertilizers and growing media (MFSCs)
Originally, this project, cited in the Circular Economy roadmap was to set common thresholds of harmlessness for all fertilizers and growing media (MFSCs) in order to ensure a homogeneous level of protection for agricultural soils. The project addresses all types of contamination, regardless of the method of authorization of the fertilizer (marketing authorization, compliance with a French standard, compliance with specifications, spreading plan, etc.), but does not concern MFSCs placed on the market according to European regulations. It was based on the need to set maximum levels for the most important contaminants in MFSCs, of all kinds and origins.
The draft decree [appendix 2 page 27] will modify the regulatory part of the rural and maritime fishing code by introducing three sub-sections: "safety criteria", "agronomic quality criteria" and "traceability and use".
The submitted project, despite the initial objective of simplification, has become complex and classifies MFSCs into three categories – A1, A2, and B – according to common safety criteria and unrelated to their composition. Moreover, its articulation with other existing regulations (national, such as mandatory application standards or approved specifications, or European) needs to be clarified.
Certain ANSES recommendations concerning safety and traceability, are added to and overload the existing regulations for fertilizers that do not present any particular risks. We should note in particular the lowering of the thresholds for Cd (1 mg / kg of dry matter) and the need for additional tests (Ecotox and Endocrine Disruptor tests) for category A1 MFSCs, which are not in accordance with the Regulation (EU) 2019/1009 that will apply in July 2022. The suggestion to specify, for each category, the obligation or not of hygienization of MFSCs would complicate the text knowing that these obligations are already defined in Regulation (EC) 1069/2009.
Regarding the harmonization of claims on products placed on the market, and their uses, most MFSCs providing nutrients are not concerned and the framework for other claims (biostimulants) is already provided for in the texts (Regulation (EU) 2019/1009 and AMM).
Furthermore, ANSES's position on applying these criteria to category A1 MFSCs subject to mutual recognition is contrary to the principles of European rules in this area. The Ministry of Agriculture now has to take into account these recommendations from ANSES in order to launch a public consultation. An impact study is also underway.
If you have any questions on this article, please contact Morgane Salaun.
