Fertilising Products Regulation (EU) 2019/1009
Regulation (EU) 2019/1009 of the European Parliament and of the Council of 5 June 2019 lays down rules on the making available on the market of EU fertilising products. Published in OJ L 170, 25.6.2019, p. 1, it repealed Regulation (EC) No 2003/2003 ("EC fertilisers") and extends harmonised rules to organic and organo-mineral fertilisers, soil improvers, growing media, inhibitors, plant biostimulants and blends. An "EU fertilising product" is defined in Article 2(2) as a fertilising product which is CE marked when made available on the market.
Legal status and timeline
- Adoption: 5 June 2019.
- Entry into force: 15 July 2019 (twentieth day after publication).
- Notification of conformity assessment bodies (Articles 20 to 36): from 16 April 2020 (Article 53).
- General date of application: 16 July 2022. Regulation (EC) No 2003/2003 was repealed with effect from the same date (Article 51).
- Transitional provision (Article 52): products placed on the market as "EC fertiliser" under Regulation (EC) No 2003/2003 before 16 July 2022 may continue to be made available.
- Optional harmonisation: as recital 5 explains, compliance with the harmonised rules is optional. Non-CE-marked fertilisers may still be marketed under national law and the TFEU free movement rules, including mutual recognition (Regulation (EU) 2019/515).
- Status in October 2026: applicable, as amended by Commission Delegated Regulations including 2021/2086, 2021/2087, 2021/2088 and 2022/1171 (CMCs 12 to 15, applying from 16 July 2022), 2024/1682 (processed manure), 2024/2787 (mulch films) and 2025/1421 (conformity assessment procedures).
- Adopted, not yet applicable: Regulation (EU) 2024/2516 on digital labelling applies from 1 May 2027. Delegated Regulation (EU) 2024/2770, which sets biodegradability criteria for coating agents and water retention polymers, applies in its main part from 17 October 2028.
Scope: product function and component material categories
Under Article 4(1), an EU fertilising product must meet the requirements in Annex I for its product function category (PFC) and the requirements in Annex II for each component material category (CMC) it contains. It must also be labelled in accordance with Annex III. A product may consist solely of materials meeting one or more CMCs.
Product function categories (Annex I, Part I)
- PFC 1 — Fertiliser: (A) organic, (B) organo-mineral, (C) inorganic (macronutrient and micronutrient, solid and liquid, straight and compound), including the subcategory of solid ammonium nitrate fertilisers of high nitrogen content, PFC 1(C)(I)(a)(i-ii)(A).
- PFC 2 — Liming material.
- PFC 3 — Soil improver: (A) organic, (B) inorganic.
- PFC 4 — Growing medium.
- PFC 5 — Inhibitor: (A) nitrification, (B) denitrification, (C) urease.
- PFC 6 — Plant biostimulant: (A) microbial, (B) non-microbial.
- PFC 7 — Fertilising product blend, made of two or more EU fertilising products of PFC 1 to PFC 6 that have each passed their own conformity assessment.
Component material categories (Annex II, Part I)
- 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 derivates
- CMC 14 — Pyrolysis and gasification materials
- CMC 15 — Recovered high purity materials
Exclusions
Article 1(1) excludes animal by-products or derived products that are subject to the requirements of Regulation (EC) No 1069/2009 when made available on the market, and plant protection products within the scope of Regulation (EC) No 1107/2009. Fertilising products that are not CE marked fall outside the Regulation by definition. Article 1(2) preserves the application of other acts, including the Nitrates Directive 91/676/EEC and REACH.
Requirements
Contaminant limits
Annex I sets maximum contaminant values for each PFC. For organic fertilisers (PFC 1(A)), for example, the limits are cadmium 1.5 mg/kg dry matter, hexavalent chromium 2 mg/kg, mercury 1 mg/kg, nickel 50 mg/kg, lead 120 mg/kg and inorganic arsenic 40 mg/kg. Pathogen limits apply to organic fertilisers, organic soil improvers and growing media.
For cadmium in organo-mineral and inorganic macronutrient fertilisers, the limit depends on phosphorus content:
| Total phosphorus content | Cadmium limit |
|---|---|
| Less than 5% P2O5-equivalent by mass | 3 mg/kg dry matter |
| 5% P2O5-equivalent or more ("phosphate fertiliser") | 60 mg/kg P2O5 |
The cadmium limits for other categories are 2 mg/kg dry matter for liming materials and organic soil improvers, and 1.5 mg/kg dry matter for inorganic soil improvers, growing media and plant biostimulants. Article 42(1) excludes cadmium limit values from the Commission's power to amend Annex I by delegated act. Under Article 3(2), a Member State that, on 14 July 2019, held a derogation for cadmium under Article 114(4) TFEU may continue to apply its national limits to EU fertilising products until equal or lower harmonised limits apply.
Labelling (Annex III)
Part I of Annex III requires, among other things: the PFC designation corresponding to the claimed function; the quantity; instructions for intended use; recommended storage conditions; risk management information; and a list of all ingredients above 5% by product weight, with their CMC designations. Parts II and III set PFC-specific content and tolerances. Claims such as "sustainable" are permitted only where they refer to legislation, standards or schemes with which the product complies. Organo-mineral and inorganic macronutrient fertilisers with no more than 20 mg Cd/kg P2O5 may bear the statement "Low cadmium (Cd) content". Products supplied without packaging must carry all the information in a leaflet (Article 6(7)).
Conformity assessment
Annex IV, Part I (as amended) sets out which module applies:
| Module | Applicability (Annex IV, Part I) |
|---|---|
| A — internal production control | Products composed solely of CMC 1 (except nitrification, denitrification or urease inhibiting compounds), CMC 4, CMC 6, CMC 8 and CMC 11. Also PFC 7 blends. Not available for high-nitrogen ammonium nitrate fertilisers, inhibitors (PFC 5) or plant biostimulants (PFC 6). |
| A1 — internal production control plus supervised product testing | Mandatory for PFC 1(C)(I)(a)(i-ii)(A) and for PFC 7 blends containing 28% or more nitrogen by mass from such a product. Oil retention and detonation resistance tests every 3 months under the responsibility of a notified body. |
| B + C — EU-type examination followed by conformity to type | Products composed solely of inhibiting compounds in CMC 1, CMC 2, CMC 7, CMC 9, CMC 10 and/or the Module A CMCs. Also PFC 7 blends. Not available for high-nitrogen ammonium nitrate fertilisers. |
| D1 — quality assurance of the production process | Any EU fertilising product, except high-nitrogen ammonium nitrate fertilisers and the blends covered by A1. In practice, it is the only route for products containing CMC 3, 5, 12, 13, 14 or 15. |
Notified Bodies
Member States notify bodies under Articles 20 to 36. A notified body is involved in Modules A1, B + C and D1, and its identification number follows the CE marking where Annex IV requires it (Article 18(3)). Notified bodies are listed in NANDO. See Notified Bodies and NANDO database.
Technical documentation and EU Declaration of Conformity
Under Annex IV (Module A, point 2), the technical documentation includes a description of the product, its PFC and intended use; the component materials, their CMCs and origin; for blends, the declarations of conformity of the components; the manufacturing process; a specimen of the label or leaflet; standards applied; calculations and test reports.
The EU declaration of conformity follows the model in Annex V (Article 16). Where several Union acts apply, a single declaration is required. Manufacturers keep both documents for 5 years after placing on the market (Article 6(3)). See technical documentation and EU Declaration of Conformity.
CE marking
Article 18(1) requires the CE marking to be affixed visibly, legibly and indelibly to the packaging. Where the product is supplied without packaging, the marking goes on a document accompanying the EU fertilising product. From 1 May 2027, Regulation (EU) 2024/2516 defines "packaging" as a sealable receptacle holding not more than 1 000 kg and permits digital labels under defined conditions. See affixing the CE mark.
Interplay with other legislation
- REACH (Regulation (EC) No 1907/2006). Under CMC 1, point 2, all substances incorporated into the product must be registered, with a dossier containing the information in Annexes VI, VII and VIII to REACH and a chemical safety report covering use as a fertilising product, unless a listed exemption applies. This goes beyond standard tonnage-based registration. Commission proposal COM(2025) 531 would remove it; its legislative status should be checked.
- Animal by-products Regulation (EC) No 1069/2009. Derived products may enter CMC 10 only once they have reached an end point in the manufacturing chain under Article 5(2) of that Regulation. End points were set by Delegated Regulation (EU) 2023/1605. Products containing derived products other than manure must carry the 21-day grazing instruction (Annex III, Part I, point 4).
- Waste Framework Directive 2008/98/EC. By-products in CMC 11 must comply with the criteria in the delegated act provided for by Article 42(7). Non-compliant by-products are prohibited in products placed on the market after 16 July 2022 (CMC 11, point 3).
- National fertiliser law. It continues to govern non-CE-marked products. Under Article 3(3), Member States may also regulate the use of EU fertilising products to protect health and the environment, provided they do not require modification of compliant products.
Common errors
- Using Module A for a plant biostimulant or inhibitor. Annex IV, Part I, point 1.3 excludes PFC 5 and PFC 6 from Module A.
- Claiming an unassessed function. Only PFC designations covered by a successful conformity assessment may appear on the label.
- Assuming normal REACH registration is sufficient. CMC 1 requires the extended dossier described above.
- Omitting the accompanying document for bulk supply. The CE marking, Annex III information and manufacturer and importer details must travel with unpackaged product.
Frequently asked questions
Is CE marking mandatory for all fertilisers sold in the EU?
No. Harmonisation is optional: a fertilising product may instead be marketed under national law without CE marking. Only a CE-marked product is an EU fertilising product, and it must then comply fully with Regulation (EU) 2019/1009.
Where is the CE marking placed on a fertiliser supplied in bulk?
Article 18(1) requires the CE marking to be affixed to the packaging or, where the product is supplied without packaging, to a document accompanying the EU fertilising product.
Can compost or digestate be CE marked under Module A?
No. Compost (CMC 3) and digestate other than fresh crop digestate (CMC 5) are listed for neither Module A nor Module B + C in Annex IV, Part I. Module D1, with a notified body, applies.
How long must the technical documentation be kept?
For 5 years after the EU fertilising product has been placed on the market (Article 6(3)); importers keep a copy of the declaration for the same period (Article 8(8)).
Sources
- Regulation (EU) 2019/1009 (Fertilising Products) — EUR-Lex; consolidated version of 30.12.2025 — EUR-Lex.
- Regulation (EU) 2024/2516 (digital labelling) — EUR-Lex.
- Commission Delegated Regulations (EU) 2021/2086, 2021/2087, 2021/2088 and 2022/1171 (CMCs 12–15) — EUR-Lex (2021/2086), EUR-Lex (2022/1171).
- Commission Delegated Regulation (EU) 2024/2770 (biodegradability of coating agents and water retention polymers) — EUR-Lex.
- Regulation (EC) No 1069/2009 (animal by-products) — EUR-Lex; Delegated Regulation (EU) 2023/1605 (end points) — EUR-Lex.
- European Commission — Proposal COM(2025) 531 amending Regulations (EC) No 1272/2008, (EC) No 1223/2009 and (EU) 2019/1009 (chemicals simplification).
- Commission Notice — Blue Guide 2022 — EUR-Lex.