EU Fertilising Products Regulation and cadmium

Regulation (EU) 2019/1009, adopted on 5 June 2019, lays down the rules for placing fertilising products on the market within the European Union^[1][2]. It repeals Regulation (EC) No 2003/2003 and establishes a harmonised framework for the free movement of compliant fertilisers, whilst incorporating specific provisions on contaminants, particularly cadmium^[1]. This heavy metal, which occurs naturally in phosphate rock, raises health and environmental concerns owing to its propensity to accumulate in soils and enter the food chain^[2]. The text provides for harmonised limit values for phosphate fertilisers, coupled with transitional arrangements for Member States that already had stricter regulations in place.

National derogations and free movement

Article 3 of the Regulation enshrines the principle of free movement for compliant fertilising products within the internal market^[1]. However, a significant derogation allows Member States that benefited, as of 14 July 2019, from a derogation under Article 5 of Regulation (EC) No 2003/2003 regarding cadmium content to maintain their national limit values^[1][2]. This possibility continues until harmonised limit values enter into force that are at least as restrictive as their own thresholds^[1]. The grounds cited for these earlier derogations concerned the protection of human health and the environment, in light of particular pedoclimatic conditions^[2]. Furthermore, Member States retain the ability to adopt provisions relating to the use of fertilising products, provided these do not require modification of products already compliant with the Regulation nor affect their conditions for being placed on the market^[1].

Innovation and cadmium treatment

The legislative text highlights the need to encourage the development of industrial-scale cadmium removal technologies^[2]. Incentives are to be provided to promote these processes, so that they become economically viable and enable proper management of the hazardous waste produced^[2]. Various financial resources are mentioned, including those available under research programmes, the Circular Economy Finance Support Platform, and through the European Investment Bank^[2]. These provisions aim to reconcile the objectives of contaminant reduction with industrial competitiveness and security of phosphate supply.

Regulatory review and outlook

The Regulation provides for a comprehensive review of its implementation, to be submitted no later than 16 July 2026^[3]. This report shall assess the functioning of the internal market, the effectiveness of conformity assessment and market surveillance procedures, and the effects of optional harmonisation on trade flows^[3]. Particular attention will be paid to re-examining cadmium limit values in phosphate fertilisers, with the aim of evaluating the feasibility of lowering thresholds in light of available technologies and scientific data on cadmium exposure and accumulation^[3]. This assessment must take into account environmental (soil and climatic conditions), health and socio-economic factors, including supply security^[3]. It should be noted that amending cadmium limit values does not fall within the scope of ordinary delegated acts: Article 42 expressly excludes this matter from the Commission's power to amend other annexes^[4].

Link with phosphate fertilisers

The cadmium provisions apply directly to phosphate fertilisers, the main types being DAP, MAP, TSP and NPK fertilisers. The cadmium content of these products depends on the origin of the phosphate rock used. Producers and importers must ensure compliance with regulatory thresholds, which influence production costs when a cadmium removal step is required. For further information on the health and agronomic issues surrounding this element, see the entry Cadmium in fertilisers.