HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
24.11.2012 Official
Journal
of
the
European
Union L
326/19
COMMISSION DECISION
of 17 October 2012
on the national provisions notified by the Kingdom of Sweden pursuant to Article 114(5) of the
Treaty on the Functioning of the European Union concerning the maximum admissible content of
cadmium in fertilisers
(notified under document C(2012) 7177)
(Only the Swedish text is authentic)
(Text with EEA relevance)
(2012/719/EU)
THE EUROPEAN COMMISSION,
In the absence of a decision by the Commission within
this period the national provisions referred to in para
graphs […] 5 shall be deemed to have been approved.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 114(6) thereof,
When justified by the complexity of the matter and in
the absence of danger for human health, the Commission
Whereas:
may notify the Member State concerned that the period
referred to in this paragraph may be extended for a
further period of up to six months.’
I. FACTS
(1) On
17
October
2011,
the
Kingdom
of
Sweden
notified
2. EU legislation
the Commission, pursuant to Article 114(5) of the Treaty
(3) Council
Directive
76/116/EEC
of
18
December
1975
on
on the Functioning of the European Union (TFEU), of its
the approximation of the laws of the Member States
intention to introduce national provisions to lower the
relating to fertilisers ( 2 ), laid down the requirements
content of cadmium allowed in phosphorous fertilisers to
that fertilisers must fulfil in order to be placed on the
a maximum level of 46 grams of cadmium per tonne of
market with the designation ‘EC fertiliser’.
phosphorous (equivalent to 20 mg Cd/kg P 2 O 5 ). Those
measures would derogate from Regulation (EC)
(4) Annex
I
to
Directive
76/116/EEC
set
out
the
type
desig
No 2003/2003 of the European Parliament and of the
nation and the corresponding requirements, e.g. with
Council of 13 October 2003 relating to fertilisers ( 1 ) and
respect to its composition, that each fertiliser had to
would lower the maximum level of 100 grams of
fulfil to be eligible for designation as ‘EC fertiliser’.
cadmium per tonne of phosphorous (equivalent to
Type designations in this list were grouped into
44 mg Cd/kg P 2 O 5 ) for which a derogation has already
categories, depending on the content of the primary
been granted to the Kingdom of Sweden.
nutrients, i.e. the elements nitrogen, phosphorus and
potassium.
1. Article 114(5) and (6) TFEU
(5) According
to
Article
7
of
Directive
76/116/EEC
( 3 ),
(2)
Article 114, paragraphs 5 and 6 TFEU provide:
Member States were not permitted on grounds of
composition, identification, labelling or packaging, to
‘5. […]
If,
after
the
adoption
of
a
harmonisation
prohibit, restrict or hinder the marketing of fertilisers
measure by the European Parliament and the Council,
marked ‘EC fertiliser’ which complied with the provisions
by the Council or by the Commission, a Member State
of the Directive.
deems it necessary to introduce national provisions based
on new scientific evidence relating to the protection of
(6) Commission
Decision
2002/399/EC
of
24
May
2002
on
the environment or the working environment on
the national provisions notified by the Kingdom of
grounds of a problem specific to that Member State
Sweden under Article 95(4) of the EC Treaty concerning
arising after the adoption of the harmonisation
the maximum admissible content of cadmium in ferti
measure, it shall notify the Commission of the
lisers ( 4 ), granted a derogation from Directive
envisaged provisions as well as the grounds for intro
76/116/EEC, by approving the Swedish provisions
ducing them.
which prohibited the placing on the Swedish market of
fertilisers containing in excess of 100 grams of cadmium
per tonne of phosphorus. This derogation was applicable
6. The
Commission
shall,
within
six
months
of
the
until 31 December 2005.
notification […] approve or reject the national provisions
involved after having verified whether or not they are a
means of arbitrary discrimination or a disguised
(7) Directive
76/116/EEC
has
been
replaced
by
Regulation
(EC) No 2003/2003 relating to fertilisers.
restriction on trade between Member States and
whether or not they shall constitute an obstacle to the
functioning of the internal market.
( 2 ) OJ L 24, 30.1.1976, p. 21, replaced by Regulation (EC)
No 2003/2003.
( 3 ) Replaced by Article 5 of Regulation (EC) No 2003/2003.
( 1 ) OJ L 304, 21.11.2003, p. 1.
( 4 ) OJ L 138, 28.5.2002, p. 24.

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L 326/20
EN
Official Journal of the European Union
24.11.2012
(8) Article
35(2)
of
Regulation
(EC)
No
2003/2003
states
phosphorous fertilisers to a maximum concentration of
that derogations from Article 7 of Directive 76/116/EEC
46 grams per tonne of phosphorus. The Swedish auth
that were granted by the Commission under former
orities thus request to lower the cadmium content
Article 95(6) of the EC Treaty shall be construed as
allowed by the derogation provided by Decision
derogations from Article 5 of that Regulation and shall
2006/347/EC.
continue to produce their effects notwithstanding the
entry into force of the Regulation.
(14) By
letter
of
17
October
2011,
the
Swedish
authorities
sent additional information to the Commission to
provide the text of the national legislation in force
(9) Recital
15
of
Regulation
(EC)
No
2003/2003
announces
that the Commission will address the issue of uninten
reflecting the amendments introduced by Ordinances
tional cadmium content in mineral fertilisers and will,
2008:255 and 2009:654 ( 3 ).
where appropriate, draw up a proposal for a Regulation
and will present it to the European Parliament and the
Council. The Commission has conducted extensive
(15) By letter of 14 November 2011, the Commission
preparatory work but due to the complexity of the
informed the Swedish authorities that the six-month
various factors to be taken into account has not yet
period for its examination according to Article 114(6)
adopted a proposal.
started on 18 October 2011.


(16) By
letter
of
17
October
2011,
the
Commission
informed
(10) Since
the
Swedish
derogation
was
granted
only
until
the other Member States about the request received from
31 December 2005, Sweden requested in June 2005
Sweden. The Commission also published a notice
an extension of the existing derogation. Commission
regarding the request in the Official Journal of the
Decision 2006/347/EC of 3 January 2006 on the
European Union ( 4 ) in order to inform other interested
national provisions notified by the Kingdom of Sweden
parties of the national measures that Sweden intends to
under Article 95(4) of the EC Treaty concerning the
introduce as well as the grounds invoked to that effect. In
maximum admissible content of cadmium in fertilisers ( 1 )
reaction, Latvia supported the Swedish request. No other
allows the Swedish authorities to maintain the national
comments were received by the Commission.
measures until harmonised measures on cadmium in
fertilisers are applied at EU level.
(17) In view of the complexity of the matter, the Commission
requested the Scientific Committee on Health and Envi
3. National provisions
ronmental Risks (SCHER) for an opinion on the overall
quality of the Swedish risk assessment, any significant
(11) ‘The
Chemicals
Products
(Handling,
Import
and
Export
deficiencies, the appropriateness of the scenarios studied
Prohibitions) Ordinance’ (1998:944)
( 2 ) contains
and the assumptions made, as well as the reliability and
provisions relating, inter alia, to the maximum
validity of the conclusions concerning the identified risks
permissible cadmium content in fertilisers, including
for the environment.
EC-designated fertilisers. Section 3, paragraph 1,
provides that fertilisers covered by customs tariffs
numbers 25.10, 28.09, 28.35, 31.03 and 31.05
(18) SCHER
adopted
its
opinion
on
27
February
2012
( 5 ).
containing in excess of 100 grams of cadmium per
SCHER concluded that the risk assessment report
tonne of phosphorous may not be offered for sale or
prepared by the Swedish authorities was of good
transferred.
scientific quality and that in general the scenarios
studied were appropriate and most parameter values
used in the scenarios acceptable. However, SCHER
considered that a number of statements in the report
(12) The envisaged national measure notified under
Article 114(5) TFEU would lower the content of
were not supported by sufficient evidence.
cadmium allowed in phosphorous fertilisers from the
current maximum level of 100 grams of cadmium per
tonne of phosphorus to a level of 46 grams of cadmium
(19) Due
to
the
remaining
uncertainties
identified
by
the
per tonne of phosphorus (46 mg Cd/kg P, equivalent to
SCHER regarding key assumptions used by the Swedish
20 mg Cd/kg P
authorities to conclude that there is a risk to aquatic

2 O 5 ).
organisms in small brooks in Sweden, which is the
only environmental risk identified by the Swedish auth
orities, and in the absence of evidence highlighting a
II. PROCEDURE
danger for human health linked to a prolongation of
the period for assessment of the Swedish request, the
(13) By letter of 17 May 2011 the Kingdom of Sweden
Commission deemed justified to extend the period
notified the Commission that, pursuant to Article 114(5)
referred to in Article 114(6), first subparagraph.
TFEU, it requests approval to introduce national
provisions to lower the content of cadmium allowed in
( 3 ) Swedish Code of Statutes (SFS Svensk Frfattningssamling) of 4 June
2009.
( 1 ) OJ L 129, 17.5.2006, p. 19.
( 4 ) OJ C 309, 21.10.2011, p. 8 and OJ C 339, 19.11.2011, p. 24.
( 2 ) Swedish Code of Statutes (SFS Svensk Frfattningssamling) of
( 5 ) http://ec.europa.eu/health/scientific_committees/environmental_risks/
14 July 1998.
docs/scher_o_156.pdf

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EN
24.11.2012 Official
Journal
of
the
European
Union L
326/21
(20) On 18 April 2012, the Commission notified the
(27) Concerns
regarding
adverse
effects
of
cadmium
in
ferti
Kingdom of Sweden of its Decision ( 1 ), pursuant to
lisers on the environment (and human health) were
Article 114(6), third subparagraph, TFEU, to extend the
already extensively raised during the negotiations for
period of six months referred to in its first subparagraph
the accession of Austria, Finland and Sweden to the
to approve or reject the notified national provisions for a
European Union. As indicated above, those three
further period expiring on 18 October 2012.
Member States were granted temporary derogations
from Union legislation on fertilisers in order to allow a
careful evaluation of the risks from cadmium in fertilisers
(21) By
letter
of
27
April
2012,
the
Commission
informed
at EU level.
the Swedish authorities about the uncertainties identified
in the SCHER opinion and invited them to provide
further clarifications that would allow the Commission
(28) In
2002,
the
Scientific
Committee
on
Toxicity,
Ecot
to take a final position.
oxicity and the Environment (SCTEE) was asked by the
Commission for its opinion ( 2 ) on the likelihood for
accumulation of cadmium in soils through the use of
(22) By
letter
of
2
July
2012,
the
Swedish
authorities
replied
phosphate fertilisers. Based on risk assessment studies
to the Commission without addressing the uncertainties
carried out by eight Member States and additional
identified by SCHER and, instead, argued that the notion
analysis, the SCTEE estimated that phosphate fertilisers
of ‘protection of the environment’ under Article 114(5)
containing 60 mg cadmium/kg P 2 O 5 or more are
TFEU covers health aspects. Therefore, an examination of
expected to lead to cadmium accumulation in most EU
the Swedish notification should include arguments in the
soils whereas phosphate fertilisers containing 20 mg
notification relating to human health aspects.
cadmium/kg P 2 O 5 or less are not expected to cause
long-term soil accumulation over 100 years, if other
cadmium inputs are not considered.
III. ASSESSMENT
1. Consideration of admissibility
(29) In the framework of Council Regulation (EEC)
(23) The
Commission
considered
in
Decision
2012/230/EU
No 793/93 of 23 March 1993 on the evaluation and
that the application submitted by the Kingdom of
control of the risks of existing substances ( 3 ), cadmium
Sweden with a view to obtaining an authorisation to
and cadmium oxide were identified as priority substances
introduce stricter national measures concerning the
for evaluation.
maximum admissible content of cadmium in fertilisers
is admissible.
(30) When
Regulation
(EC)
No
2003/2003
was
adopted,
the
Commission did not set a limit value for cadmium in
2. Assessment of merits
fertilisers but recognised the need to address this specific
concern once information from the EU risk assessment
(24) In
accordance
with
the
provisions
of
Article
114
TFEU,
on cadmium and cadmium oxide would become
the Commission has to assure that all conditions
available.
enabling a Member State to avail of the possibilities of
derogation provided for in that Article are met.
(31) The EU Risk Assessment Report on cadmium and
cadmium oxide was issued in December 2007 ( 4 ).
(25) Article
114(5)
TFEU
requires
that
when
a
Member
State
Based on its conclusions, the Risk Reduction Strategy
deems it necessary to introduce national provisions
for cadmium and cadmium oxide recommended
derogating from a harmonisation measure, those
concrete measures to reduce cadmium content in food
provisions have to be justified on the basis of new
stuffs, tobacco blends and for phosphate fertilisers taking
scientific evidence relating to the protection of the
into account the variety of conditions throughout the
environment or the working environment, on grounds
Union ( 5 ).
of a problem specific to that Member State arising after
the adoption of the harmonisation measure.
(32) Work
is
ongoing
at
EU
level
to
set
appropriate
limit
values for cadmium in fertilisers taking into account a
(26) In addition, pursuant to Article 114(6) TFEU, the
range of factors including also the variety of conditions
Commission is either to approve or reject the draft
throughout the EU, as well as the availability, geographic
national provisions in question after verifying whether
origin and composition of phosphates for the production
or not they are a means of arbitrary discrimination or
of fertilisers. The Commission intends to include appro
a disguised restriction on trade between Member States,
priate limits for contaminants in fertilising materials
and whether or not they shall constitute an obstacle to
(including cadmium) in the proposal for the revision of
the functioning of the internal market.
the Fertilisers Regulation which is planned for 2013.
( 1 ) Commission Decision 2012/230/EU of 18 April 2012 extending the
( 2 ) http://ec.europa.eu/health/ph_risk/committees/sct/documents/
period referred to in Article 114(6) of the Treaty on the Functioning
out162_en.pdf
of the European Union in relation to national provisions concerning
( 3 ) OJ L 84, 5.4.1993, p. 1.
the maximum admissible content of cadmium in fertilisers notified
( 4 ) http://esis.jrc.ec.europa.eu/doc/risk_assessment/REPORT/
by the Kingdom of Sweden pursuant to Article 114(5) of the TFEU
cdoxidereport302.pdf
(OJ L 116, 28.4.2012, p. 29).
( 5 ) OJ C 149, 14.6.2008, p. 6.

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L 326/22
EN
Official Journal of the European Union
24.11.2012
(33) To
support
their
request
for
lowering
the
existing
limit
ateness of the scenarios studied and the assumptions
value in Sweden, the Swedish authorities have conducted
made, as well as the reliability and validity of the
a new risk assessment of cadmium in the Swedish
conclusions concerning the identified risks for the
environment, which was finalised in January 2011. It
environment.
compares the predicted no effect concentrations
(PNECs) for organisms representative for various environ
mental compartments with the cadmium concentrations
in the Swedish environment taking on the basis of
(38) SCHER
adopted
its
opinion
on
27
February
2012
( 1 ). As
various scenarios for cadmium input from fertilisers
already presented in Decision 2012/230/EU, SCHER
and other sources. In the notification, reference is also
concluded that the risk assessment report prepared by
made to certain studies made available in the framework
the Swedish authorities is of good scientific quality and
of the previous requests submitted to the Commission in
that in general the scenarios studied are appropriate and
accordance with Article 114(4) TFEU (which were already
most parameter values used in the scenarios are
taken into account to justify the current derogation
acceptable. However, SCHER considered that a number
allowing Sweden to maintain a maximum level of 100
of statements and/or assumptions in the report were not
grams of cadmium per tonne of phosphorous) and to the
supported by sufficient evidence and that for some
EU risk assessment on cadmium and cadmium oxide.
scenarios rather worst case conditions were used.
SCHER considered that the assumptions proposed by
the Swedish authorities to predict cadmium concen
tration in soft water could lead to an over-estimation
(34) The
PNEC
for
fresh
water
is
dependent
on
hardness.
Since Sweden has very soft fresh waters, toxicity for
of the risks and, consequently, did not support the
aquatic organisms is expected to occur at lower
results presented by the Swedish authorities for brooks,
cadmium concentration compared to other parts of
which is the only environmental compartment for which
Europe. It is, therefore, likely that aquatic organisms in
the Swedish authorities had identified risks. Overall,
Swedish waters are in general more sensitive to cadmium
SCHER did not consider the assumptions made in the
compared to waters in central and southern Europe.
Swedish report as appropriate for calculating risk in the

Swedish environment.
(35) Results
of
monitoring
programmes
in
Swedish
surface
waters in 2006 and 2009 show that about 1 % of the
(39) None
the
less,
SCHER
recalled
the
earlier
assessment
of
lakes and 7 % of the coastal waters show higher
CSTEE in 2002, which estimated that cadmium concen
cadmium concentrations than the PNEC values. A
trations in soil are expected not to increase in most
review conducted in 2008 concluded that emission
European soils at a limit of 46 mg Cd/kg P. Although
reduction measures have for most metals led to
not being new scientific evidence, SCHER confirmed
significant decreased concentrations in aquatic organisms,
that such estimate is still defendable including for
but for cadmium the situation is less clear. A tendency of
Swedish agricultural soils and noted that the derivation
increasing effects on the immune system in fish (eelpout)
was based on a ‘stand-still principle’, not on a risk
during the last years seems to correlate with increasing
assessment as performed by the Swedish authorities in
concentrations of cadmium in fish. A further report has
their current justification.
been produced in 2011 with the aim to describe future
trends of cadmium in arable soils and crops to estimate
concentrations in 100 years and results have been used
in a worst case modelling to estimate the risk to aquatic
(40) In
their
letter
of
2
July
2012,
the
Swedish
authorities
organisms inhabiting waters close to fields fertilised
have not provided further clarification that would
during 100 years ahead.
address the weak points identified by SCHER with
regard to the possible risks to the environment. Noting
that the opinion of CSTEE in 2002 predates the adoption
of Regulation (EC) No 2003/2003, the Commission,
(36) The Swedish authorities conclude in their assessment that
there might be an increased risk for aquatic organisms
therefore, concludes that the Swedish authorities have
living in extremely soft waters (below hardness 5 mg
not demonstrated that there is a risk to the environment
CaCO
based on new scientific evidence on grounds of a

3 /l) in the longer term. But this is only likely in
small brooks with low dilution of the drainage water
problem specific to Sweden arising after the adoption
from the agricultural soil. No other risk to the
of Regulation (EC) No 2003/2003.
environment resulting from the use of cadmium in ferti
lisers has been identified by the Swedish authorities.
(41) In
their
letter
of
2
July
2012,
the
Swedish
authorities
argued that the notion of ‘protection of the environment’
(37) Due to the complexity of the relations between soil
in Article 114(5) TFEU covers health aspects and that an
cadmium inputs via phosphate fertilisers, possible soil
examination of the Swedish notification should,
accumulation and risks to the environment, the
therefore, include arguments relating to the health
Commission requested the Scientific Committee on
aspects.
Health and Environmental Risks (SCHER) for an
opinion on the overall quality of the Swedish risk
( 1 ) http://ec.europa.eu/health/scientific_committees/environmental_risks/
assessment, any significant deficiencies, the appropri
docs/scher_o_156.pdf

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EN
24.11.2012 Official
Journal
of
the
European
Union L
326/23
(42) Without
prejudice
to
the
correct
legal
interpretation
of
(46) SCHER
agrees
that
the
lower
pH
increases
cadmium
Article 114(5), the Commission extended its analysis to
bioavailability and uptake by crops, hence that the soil
the assessment of possible risks posed by cadmium in
cadmium availability to wheat is somewhat larger than in
fertilisers to the Swedish population via the environment,
most European countries. However, SCHER notes that if
i.e. notably through dietary intake.
that low pH is maintained, the future trends in crop
cadmium concentrations are smaller (lower increase) in
Sweden compared to most other trends in Europe
because soil cadmium increases at a lower rate at equal
(43) In
their
justification,
the Swedish authorities
identify
input.
health-related grounds for further reducing cadmium
exposure amongst the population in Sweden, such as a
high frequency of osteoporosis, increased cases of brittle
bones and bone fractures, impacts on the functioning of
(47) With regard to dietary exposure to cadmium, SCHER
kidneys in parts of the population where cadmium
concludes that the Swedish report does not provide
content exceed 1 mg/g creatinine, as well as risks for
data suggesting that dietary cadmium exposure is larger
sensitive groups of the population (diabetics and people
in Sweden than in the rest of Europe neither at the mean
suffering from iron deficiency, both groups being of high
nor at the upper percentiles of exposure. Recent trends
proportion in Sweden). According to the Swedish auth
do not suggest an increasing trend in dietary exposure,
orities, the lower pH level in Swedish soils may lead to
including body burden cadmium in the general popu
higher uptake of cadmium in crops, which in turn can
lation. Lastly, SCHER notes that the Swedish report
lead to higher exposure of the population, as exposure
provides evidence that effects of cadmium on human
depends to a great extent on the intake of cadmium
health in Sweden can be noted at a body burden of
through food, above all food of plant origin.
cadmium that is lower than that reported before,
however it does not provide evidence that the Swedish
population is more sensitive or became more sensitive to
cadmium than those in other European countries.
(44) The
Commission
requested
a
further
opinion
of
SCHER
on whether the risks to human health identified by the
Swedish authorities are specific to Sweden and have
arisen after the adoption of Regulation (EC)
(48) Overall, SCHER concludes that the Swedish report
No 2003/2003 (
contains a detailed and updated assessment of long-

1 ).
term effects of cadmium from fertilisers on human
health via the food chain. SCHER notes that the report
does not provide convincing arguments to show that the
(45) With regard to the question whether the situation in
Swedish case is a unique one or that data which appeared
Sweden is different compared to other parts of Europe,
after the adoption of Regulation (EC) No 2003/2003
SCHER agreed that soil pH is on average lower in
suggest specific reasons for additional concern.
Sweden than in other parts of Europe. However, as
cadmium removal from the soil by leaching is also
increasing with lower soil pH value, the net cadmium
soil accumulation is lower in Sweden than in most
(49) In conclusion, the Commission considers that the
parts of Europe at comparable cadmium concentration
Kingdom of Sweden has not provided justification for
and fertiliser application rates. SCHER notes that the
the intended national measure with regard to the
Swedish report itself (summary of Annex IV) supports
maximum content of cadmium in fertilisers on the
SCHER’s conclusion as it states: ‘It was difficult to
basis of new scientific evidence relating to the protection
unambiguously show whether there are specific
of the environment on grounds of a specific problem in
conditions in Sweden that make Swedish soils more
Sweden having arisen after the adoption of Regulation
vulnerable to Cd input than those in central Europe.
(EC) No 2003/2003.
However, pH is a major factor that regulates the
uptake of cadmium from soils to crops and pH in
Swedish soil appears to be around one pH unit lower
(50) The
Commission
notes
that
the
Swedish
notification
does
than the general average for Europe. This is probably
not refer to the protection of the working environment
related to the scarcity of lime-bearing bedrock in
as a ground for introducing the notified measure.
Sweden. Swedish wheat also contains cadmium in
levels that are comparable to those in many other
European countries, in spite of the fact that cadmium
concentrations in Swedish soils are relatively low’.
IV. CONCLUSION
SCHER comments that while input data on atmospheric
deposition have been updated in the Swedish report, the
(51) Article
114(5)
TFEU
requires
that,
if
a
Member
State
scenarios for mass balance calculation were already
deems it necessary to introduce national provisions in
included in the scenarios considered in the opinion of
derogation from Union harmonisation measures, the
the CSTEE of 2002, and there is no new information
national provisions must be justified by new scientific
suggesting that these would not be applicable anymore.
evidence relating to the protection of the environment
or the working environment, there must be a problem
specific to the State making the request, and the problem
( 1 ) Opinions of SCHER are available at: http://ec.europa.eu/health/
scientific_committees/environmental_risks/opinions/index_en.
must have arisen after the adoption of the harmonisation
htm#id5
measure.

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L 326/24
EN
Official Journal of the European Union
24.11.2012
(52) In
this
case,
after
having
examined
the
Swedish
request,
No 2003/2003 is admissible but does not fulfil the
the Commission considers that the Kingdom of Sweden
conditions set out in Article 114(5) TFEU, as Sweden
has not provided new scientific evidence relating to the
did not provide new scientific evidence relating to the
protection of the environment or working environment
protection of the environment on grounds of a problem
demonstrating that there is a specific problem within its
specific to their territory arising after the adoption of
territory which arose following the adoption of Regu
Regulation (EC) No 2003/2003.
lation (EC) No 2003/2003 relating to fertilisers, and
which makes it necessary to introduce the notified
national measures.
(57) The
Commission
therefore
considers
that
the
notified
national provisions cannot be approved in accordance
with Article 114(6) TFEU,
(53) Consequently, the request from the Kingdom of Sweden
for introducing national measures to lower the content
of cadmium allowed in phosphorous fertilisers to a
HAS ADOPTED THIS DECISION:
maximum level of 46 grams of cadmium per tonne of
phosphorous does not fulfil the conditions set out in
Article 114(5).
Article 1
The envisaged national provisions intended to lower the content
(54) Under Article 114(6) of the EC Treaty, the Commission
of cadmium allowed in phosphorous fertilisers from the current
is either to approve or reject the draft national provisions
maximum level of 100 grams of cadmium per tonne of phos
in question after verifying whether or not they are a
phorus to a level of 46 grams, which the Kingdom of Sweden
means of arbitrary discrimination or a disguised
notified to the Commission on 17 October 2011, are rejected.
restriction to trade between Member States, and
whether or not they shall constitute an obstacle to the
functioning of the internal market.
Article 2
This Decision is addressed to the Kingdom of Sweden.
(55) Since the request made by the Kingdom of Sweden does
not fulfil the basic conditions set out in Article 114(5),
there is no need for the Commission to verify the
Done at Brussels, 17 October 2012.
conditions in Article 114(6).
For the Commission
(56) In the light of the foregoing, it can be concluded that the
request of the Kingdom of Sweden for introducing
Antonio TAJANI
national provisions derogating from Regulation (EC)
Vice-President

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