21.11.2003 Official Journal of the European Union L 304/1 | (Acts whose publication is obligatory) REGULATION (EC) No 2003/2003 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 October 2003 relating to fertilisers (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof, Having regard to the proposal from the Commission (%), Having regard to the Opinion of the European Economic and Social Committee (2), Acting in accordance with the procedure laid down in Article 251 of the Treaty (%), Whereas: (1) Council Directive 76/116/EEC of 18 December 1975 on the approximation of the laws of the Member States relating to fertilisers (*), Council Directive 80/876/EEC of 15 July 1980 on the approximation of the laws of the Member States relating to straight ammonium nitrate fertilisers of high nitrogen content (°) Commission Directive 87/94/EEC of 8 December 1986 on the approxi- mation of the laws of the Member States relating to procedures for the control of characteristics of, limits for and resistance to detonation of straight ammonium nitrate fertilisers of high nitrogen content (°), and Commission Directive 77/535/EEC of 22 June 1977 on the approxi- mation of the laws of the Member States relating to methods of sampling and analysis for fertilisers (7), have been substantially amended several times. In accordance with the communication from the Commission to the () O] C 51 E, 26.2.2002, p. 1 and O] C 227 E, 24.9.2002, p. 503. () O] C 80, 3.4.2002, p. 6. (}) Opinion of the European Parliament of 10 April 2002 (O] C 127 E, 29.5.2002, p. 160), Council Common Position of 14 April 2003 (O] C 153E, 1.7.2003, p. 56) and Decision of the European Parliament of 2 September 2003 (not yet published in the Official Journal). () OJ L 24, 30.1.1976, p. 21. Directive as last amended by Directive 98/97/EC of the European Parliament and the Council (O] L 18, 23.1.1999, p. 60). () O] L 250, 23.9.1980, p. 7. Directive as amended by Directive 97/63/EC of the European Parliament and the Council (O] L 335, 6.12.1997, p. 15). () O] L 38, 7.2.1987, p. 1. Directive as amended by Directive 88/126[EEC (O] L 63, 9.3.1988, p. 12). () OJ L 213, 22.8.1977, p. 1. Directive as last amended by Directive 95/$/EC (O] L 86, 20.4.1995, p. 41). European Parliament and the Council ‘Simpler legislation for the internal market’ (SLIM) and the Action Plan for the Single Market those Directives should be repealed and replaced by a single legal instrument, in the interests of clarity. The Community legislation on fertilisers is very technical in its content. A Regulation is therefore the most appro- priate legal instrument, as it imposes directly on manu- facturers precise requirements to be applied at the same time and in the same manner throughout the Community. In each Member State fertilisers must display certain technical ~characteristics laid down by mandatory provisions. These provisions, concerning more particularly the composition and definition types of fertilisers, the designations of these types, their identification and their packaging, differ from one Member State to another. By their disparity they hinder trade within the Community and should therefore be harmonised. Since the objective of the proposed action, namely to ensure the internal market in fertilisers, cannot be sufficiently achieved by the Member States if there are no common technical criteria and can therefore, by reason of the scale of the action, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve this objective. It is necessary to determine at Community level the desig- nation, definition and composition of certain fertilisers (EC fertilisers). Community rules on the identification, traceability and labelling of EC fertilisers and on the closure of the packages should also be laid down. A procedure should be established at Community level to be followed in cases where a Member State deems it necessary to restrict the placing on the market of EC fertilisers.