GENERAL COMMENTS

With the exception of matters related to the marketing of fertiliser products regulated by the provisions of Regulation ((EU) 2019/1009 of the European Parliament and of the Council of 5 June 2019 laying down rules on the making available on the market of EU fertilising products and amending Regulations (EC) No 1069/2009 and (EC) No 1107/2009 and repealing Regulation (EC) No 2003/2003 on fertilisers, the marketing of fertilisers and agents supporting cultivation of plants (growing media, soil conditioners and growth stimulants) is regulated in Poland by:

1. Act of 10 July 2007 on fertilisers and fertilisation (Journal of Laws of 2023, item
2. Regulation of the Minister for Agriculture and Rural Development of 18 June 2008 on the implementation of certain provisions of the Act on fertilisers and fertilisation (Journal of Laws No 119, item 765 and of 2009, No 224, item 1804);
3. Regulation of the Minister for the Economy of 8 September 2010 on the method for packing mineral fertilisers, the provision of information about fertiliser components on this packaging, the method for testing mineral fertilisers and the types of agricultural lime (Journal of Laws No 183, item 1229).

According to Article 52 of Regulation (EU) 2019/1009, it is possible to make available on the market fertilisers bearing the label "EC FERTILISER" that were placed on the market in accordance with Regulation (EC) 2003/2003 before 16 July 2022. These fertilisers may remain on the market until their expiry date.

An EC fertiliser placed on the market before 16 July 2022 means that:

• the fertiliser has actually been produced and already fully complies with Regulation (EC) 2003/2003 before that date; and

• has actually been supplied, whether in return for payment or free of charge, as a result of an offer or a contract (written or oral) between two or more legal or natural persons committing to transfer ownership, possession or other right after production, or;

•  is held with a view to delivery either in bulk or in packs, even if the actual delivery does not take place until after 16 July2022, or

• is imported into the cutoms territory of the EU.

In case of products marketed under national law, i.e. the Act on Fertilisers and Fertilisation, and which have been authorised by the Ministry of Agriculture and Rural Development to be placed on the market, containing mineral fertilisers marked with the EC mark, it will be necessary to review these authorisations in order to be able to remain on the legal market.

For more information visit: https://www.gov.pl/web/rolnictwo/komunikat-dot-zasad-wprowadzania-do-obrotu-nawozow-i-srodkow-wspomagajacych-uprawe-roslin-obowiazujacych-po-16-lipca-2022-r

The following products may be placed on the domestic market without an authorisation from the Minister for Agriculture and Rural Development:

l . EC FERTILISERS placed on the market before 16 July;

2. Fertilisers arising from the mixing of fertiliser types marked „EC FERTILISER". These fertilisers may remain on the market until their expiry date; The expiry date of "EC FERTILIZERS" mixtures should be correlated with the shelf life of the "EC FERTILIZERS" that are part of the mixture, and should correspond to the expiration date of that "EC FERTILIZER" that loses it earlier.
3. The types of agricultural lime, including those containing magnesium, listed in Annex 6 to the Regulation of the Minister for the Economy of 8 September 2010 on the method for packing mineral fertilisers, the provision of information about fertiliser components on this packaging, the method for testing mineral fertilisers and the types of agricultural lime (Journal of Laws 2010, item 1229) which meet the requirements set out in that Annex and meet the requirements for the permissible limit on heavy metals in lime fertilisers set out in the Regulation of the Minister for Agriculture and Rural Development of 18 June 2008 on the implementation of certain provisions of the Act on fertilisers and fertilisation;
4. Natural fertilisers, i.e. fertilisers as defined in Article 2(4) of the Act on fertilisers and fertilisation (see point 1), e.g. unprocessed manure, liquid manure, slurry, in accordance with Regulation No 1069/2009;
5. Raw, unprocessed peat, including unfractionated peat, as well as bark and decorative sawdust;
6. Fertiliser microbial products as defined in Article 2(1)(10a) of the Law on Fertilisers and Fertilisation are not subject of authorizations of the Ministry of Agriculture and Rural Development, however the Institute of Soil Science and Plant Cultivation - State Research Institute in Puławy (IUNG), keeps a list of microbial fertilizer products, which are placed on the market without the authorizations of the Ministry of Agriculture and Rural Development . The entry of the product in to the list is carried out at the request of the entrepreneur on a voluntary basis. Information is available on the website at: https://www.iung.pl/nawozowe-produkty-mikrobiologiczne/;https://www.iung.pl/wp-content/uploads/2023/06/wykaz-produktow-mikrobiologicznych.pdf

An authorisation from the Minister for Agriculture and Rural Development is required to place organic fertilisers, organo-mineral fertilisers and mineral fertilisers as well as agents supporting cultivation of plants (i.e. soil conditioners, growth stimulators and growing media) on the market, except in the cases specified in Article 5 of the Act of 10 July 2007 on fertilisers and fertilisation.

"Article 5. Fertilisers and agents supporting cultivation of plants referred to in Article 3(2) which have been authorised in another Member State of the European Union or in the Republic of Turkey may also be placed on the market if:

(1 ) the national provisions under which they are placed on the market ensure the protection of human health, animal health and the environment and their suitability for use to an extent equivalent to the requirements set out in Article 4(6); or

2. they comply with the requirements laid down in the organic farming legislation and are intended for home consumption."

It should be emphasized that the manufacturer, importer or other entity placing it on the market a fertilizer or an agent supporting the cultivation of plants on the territory of the Republic of Poland is responsible for the correct application of Art. 5 of the above Act.

It means that he should proove that the fertilizer or an agent supporting the cultivation authorized in another Member State meets the requirements for human and animal health, environmental protection and suitability for use specified in Article 4 (6) of the Act on fertilisers and fertilisation.

It means also the product approved for placing on market in other EU member state should fulfil requirements specified in the Regulation of the Minister for Agriculture and Rural Development of 18 June 2008 on the implementation of certain provisions of the Act on fertilisers and fertilisation ( J.O. NO 119, item765 with amendments)

The sale of registered in other countries does not require notification, but may be subject to control by the State Plant Health and Seed Inspection Service in accordance with Chapter 6 of the Act on fertilizers and fertilization.

Art. 5 of the Act on fertilizers and fertilization does not oblige to send permit or authorisation to The State Plant Health and Seed Inspection Service before placing the product on the market.

Document proving that fertilizer is registered in another EU country should be delivered to The State Plant Health and Seed Inspection Service in case of control, which can be conducted in accordance with Chapter 6 of the Act on fertilizers and fertilization.

Pursuant to the Regulation (EU) 2019/515 of the European Parliament and of the Council of 19 March 2019 on the mutual recognition of goods lawfully marketed in another Member State and repealing Regulation (EC) No 764/2008 (https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:32019R0515), in order to make it easier for economic operators to demonstrate that their goods are lawfully marketed in another Member State, the provisions of Art. 4 has been established.

Art. 4 paragraph 4 of the above Regulation states that "the mutual recognition declaration may be supplied to the competent authority of the Member State of destination for the purposes of an assessment to be carried out under Article 5". However, according to Art. 5(1) „Where a competent authority of the Member State of destination intends to assess goods subject to this Regulation ( ... it shall contact the economic operator concerned without delay".

APPLICATION FOR AUTHORISATION FOR PLACING FERTILISERS OR AGENTS SUPPORTING OF PLANTS ON THE MARKET

is submitted by:

• the manufacturer of a fertiliser or agent supporting cultivation of plants (for a fertiliser or agent supporting cultivation of plants manufactured in Poland)  the importer (for a fertiliser or agent supporting cultivation of plants imported from a third country)
•  another entity introducing a fertiliser or agent supporting cultivation of plants into Poland (for a fertiliser manufactured or placed on the market in another EU Member State)
• in the form of originals or copies certified as true to the original, to the Ministry of Agriculture and Rural Development, ul. Wspólna 30, 00-930 Warsaw
•  the application and documentation shall be drawn up in Polish language.

RESPONSIBLE UNIT:

Department of Plant Breeding and Protection

Fertilizers Permits Division

should specify:

• the full name/name of the applicant;
• the registered office and address or the place of residence and address of the applicant;
• the Tax Identification Number (NIP);
• the number of the entry into the register of entrepreneurs of the National Court Register, if the applicant is registered on these registers;
• the name and type of fertiliser or agents supporting cultivation of plants (organic, mineral, organo-mineral).

ANNEXES TO THE APPLICATION:

reports on tests (physical, physico-chemical, chemical, biological, agricultural) on the fertiliser or agents supporting cultivation of plants carried out by authorized or accredited bodies (Article 4 (4)(1) of the Act on ferilisers and fertilisation and Sections 2 and 4 of the Regulation on the implementation of certain provisions of the Act on fertilisers and fertilisation).

• opinions issued by authorised bodies (Article 4(4)(2) of the Act on fertilisers and fertilisation and Sections 5 and 6 of the Regulation on the implementation of certain provisions of the Act on fertilisers and fertilisation);
• draft instructions for the use and storage of the fertiliser or the soil conditioners, growth stimulators (Article 4(4)(3) of the Act on fertilisers and fertilisation and Section 13 of theRegulation on the implementation of certain provisions of the Act on fertilisers and fertilisation);

• a copy of a contract for operation as a civil-law partnership, if the application is submitted by a civil-law partnership.
• an applicant that is established or resides outside Poland must enclose documents confirming the running of a business translated into Polish by a sworn translator (in accordance with Article 4(5) of the Act on fertilisers and fertilisation);
• a copy of the decision by a district veterinary officer approving an animal by-products and derived products processing plant which manufactures fertilisers and assigning a veterinary approval number or a declaration that this number has been assigned — for fertilisers that have been manufactured from animal by-products or derived products or contain animal by-products or derived products, and other equivalent documents for a fertiliser originating in a country other than Poland.

• proof of payment of stamp duty of PLN 705 (the rates are in Part 111(28) of the Annex to the Stamp Duty Act of 16 November 2006 (Journal of Laws 2022, item 2142, as amended).

The stamp duty should be paid to the following account:

Office of the Capital City of Warsaw

Taxable Persons Service Centre

21 1030 1508 0000 0005 5000 0070

Note: stamp duty for an authorisation for placing on the market.

Appeal procedure for administrative decisions issued under Article 4 of the Act on fertilisers and fertilisation:

In accordance with Article 127(3) of the Code of Administrative Procedure, any party not satisfied with a decision may apply to the Minister for Agriculture and Rural Development for re- examination of the case within 14 days from the date on which the decision is served

A complaint may be filed with the Provincial Administrative Court through the Minister for Agriculture and Rural Development under Article 54(1 ) of the Act of 30 August 2002 — Law on proceedings before administrative courts (Journal of Laws 2023, item 259, as amended) only after this legal remedy has been exhausted.

The list of fertilisers and agents supporting cultivation of plants that can be placed on market on the basis of authorisation granted by minister competent for agricultural issues is publicly available on the website of the Ministry of Agriculture and Rural Development.

https://www.gov.pl/web/rolnictwo/wykaz-nawozow-i-srodkow-wspomagajacych-uprawe-roslin

 Contact:

Contact telephone number to the secretariat of the Department of Plant Breeding and Protection:

+48 22 623 21 51

On other days and hours, phone calls will not be made until further notice.

Email contact:

sekretariat.dhr@minrol.gov.pl

kancelaria@minrol.gov.pl