GENERAL CONSIDERATIONS

The placing of fertilisers other than ‘EC fertilisers’ and plant growth enhancers on the market is governed by the following provisions in Poland:

1. Act of 10 July 2007 on fertilisers and fertilisation (Journal of Laws (Dziennik Ustaw) 2020, items 796 and 1069) https://isap.sejm.gov.pl/isap.nsf/download.xsp/WDU20071471033/U/D20071033Lj.pdf;
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; https://dziennikustaw.gov.pl/DU/2008/s/119/765 and 2009, item 1804 https://dziennikustaw.gov.pl/DU/2009/s/224/1804);
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 https://dziennikustaw.gov.pl/DU/2010/s/183/1229).

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

1. fertilisers consisting of a mixture of fertilisers marked ‘EC FERTILISER’ (these fertilisers cannot themselves be marked ‘EC FERTILISER’);
2. 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) (https://dziennikustaw.gov.pl/DU/2010/s/183/1229) 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 (Journal of Laws No 119, item 765 (see point 2));
3. 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 (https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1601283011938&uri=CELEX:32009R1069)
4. raw, unprocessed peat, including unfractionated peat, as well as bark and decorative sawdust;
5. products containing microorganisms only.

An authorisation from the Minister for Agriculture and Rural Development is required to place organic fertilisers, organo-mineral fertilisers and mineral fertilisers not marked ‘EC FERTILISER’ as well as plant growth enhancers (i.e. soil conditioners, growth stimulators and growing media) on the market, except in the cases specified in Article 5 of the above Act (see point 2).

 

APPLICATION FOR AUTHORISATION FOR PLACING FERTILISERS OR PLANT GROWTH ENHANCERS ON THE MARKET

• is submitted by:

• the manufacturer of a fertiliser (for a fertiliser manufactured in Poland)
• the importer (for a fertiliser imported from a third country)
• another entity introducing a fertiliser 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

Responsible unit: Department of Food Quality and Plant Production Safety

Secretariat, Tel.: 22 623 16 32

Fertilisers and Plant Growth Enhancers Section

fax: (22) 623 23 00

sekretariat.jpr@minrol.gov.pl, kancelaria@minrol.gov.pl

• 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 or into the Business Activity Central Register and Information Record, if the applicant is registered on these registers;
• the name and type of fertiliser or plant growth enhancer (organic, mineral, organo-mineral).

ANNEXES TO THE APPLICATION:

• reports on tests (physical, physico-chemical, chemical, biological, agricultural) on the fertiliser or plant growth enhancer carried out by authorised or accredited bodies (Article 4(4)(1) of the Act on fertilisers and fertilisation and Sections 2 and 4 of the Regulation on the implementation of certain provisions of the Act on fertilisers and fertilisation).

Please note: physical, physico-chemical, chemical, biological or agricultural tests are carried out taking into account Section 3 of the Regulation on the implementation of certain provisions of the Act on fertilisers and fertilisation, on a sample of the product taken by an authorised sample taker, e.g. from a local chemical and agricultural station;

• 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 plant growth enhancer (Article 4(4)(3) of the Act on fertilisers and fertilisation and Section 13 of the Regulation on the implementation of certain provisions of the Act on fertilisers and fertilisation);

Please note: draft instructions are not required for the registration of growing media.

• 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.

Please note that: This requirement applies to fertilisers from animal by-products or derived products;

• proof of payment of stamp duty of PLN 705 (the rates are in Part III(28) of the Annex to the Stamp Duty Act of 16 November 2006 (Journal of Laws 2019, item 1000, 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 2019, item 2325, as amended) only after this legal remedy has been exhausted.