Regulation (EU) 2019/1009 (The Fertilising Products Regulation—FPR) states that EU Fertilising Products may contain component materials listed in the Component Material Category 10 “Derived products within the meaning of Regulation (EC) No 1069/2009” states “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...”
To date, no such end points have been defined, and CMC 10 remains empty. In April 2020, the European Commission mandated the European Food Safety Authority (EFSA) to assess the capacity of certain processing or transformation methods of specific animal by-products to determine endpoints in the manufacturing chain for CE-marked EU fertilising products, and their opinion was published at the end of 2021.
As of end January 2022, there is no indication of materials/processing methods that are likely to be covered by the proposed list of endpoints or materials/processing methods that are likely to be excluded. With the clock ticking to the application of the Fertilising Products Regulation (FPR) in mid-July 2022, industry has no indication on whether its component materials can be used in products placed on the market under the FPR. Industry still has questions about the materials specified for consideration that were not included in the mandate to EFSA: for example, can we assume these materials will receive end-point status?
This uncertainty makes it impossible for industry to prepare for the implementation of the FPR and thus to contribute to the objectives of the Circular Economy it is meant to serve. Incinerating and disposing of materials derived from animal by-products instead of upcycling and revalorising them as safe and effective fertilising is a lost opportunity for the Circular Economy, greatly reducing system-wide nutrient-use efficiency. Plus, both incineration and disposal entail their own risks.
Joint EBIC-ECOFI position paper (public): “End points for animal by-products used in EU Fertilising Products should recognise the history of safe use of many common materials”
EFSA opinion “Inactivation of indicator microorganisms and biological hazards by standard and/or alternative processing methods in Category 2 and 3 animal by‐products and derived products to be used as organic fertilisers and/or soil improvers” in either Word or PDF formats