Assembly of European Horticultural Regions


Draft delegated regulation on fertilisers

The Commission published on Monday 26 September 2022 in the Public Initiatives Portal a draft delegated regulation aimed at determining which animal by-products that have been produced in a fertiliser plant and have met the conditions laid down in Regulation 1069/2009 are to be considered ready for placing on the market without further controls.

Article 3 of the draft regulation proposes the following products that have met the requirements set out in European Commission Regulation 142/2011 as ready for marketing:

  • (a) ash obtained from Category 2 and 3 material ;
  • (b) biogas digestion residues ;
  • (c) compost;
  • (d) processed manure and processed grass.

Article 4 of the draft regulation proposes the following products that have met the requirements set out in European Commission Regulation 142/2011 as ready to be placed on the market provided that these derived products are packaged in ready-to-sell packages of a maximum weight of 50 kg intended for use by the final consumer with a derived product content not exceeding 50% by volume:

  • (a) glycerine from Category 2 and 3 materials, and other Category 2 materials resulting from the biodiesel process and the production of renewable fuels ;
  • (b) Category 3 material other than glycerine ;
  • (c) processed animal protein derived from Category 3 material
  • (d) meat-and-bone meal of Category 2 material
  • (e) blood products of Category 3 material ;
  • (f) hydrolysed proteins, including hydrolysed proteins derived from residues from the leather industry;
  • (g) dicalcium phosphate and tricalcium phosphate,
  • (h) feathers and down ;
  • (i) horns, horn products, hooves and hoof products.


The draft regulation can be found at the following link.

In the context of European sanctions preventing the import from Russia of certain raw materials (such as potash) needed for fertiliser production, which has also increased production costs and sales prices, this measure appears to be an attempt to facilitate the marketing of alternative products in a context of uncertainty regarding the longer-term availability of conventional fertilisers.

Comments on the draft regulation can be submitted until 24 October 2022. If you thus consider it appropriate to provide comments, please contact Luca Contrino at This email address is being protected from spambots. You need JavaScript enabled to view it..

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