DECISION OF COUNCIL OF THE EURASIAN ECONOMIC COMMISSION

of November 30, 2016 № 150

About the technical regulation of the Eurasian Economic Union "About requirements to mineral fertilizers"

According to article 52 of the Agreement on the Eurasian Economic Union of May 29, 2014 and Item 29 of appendix № 1 to the Regulations of work of the Eurasian economic commission approved by the Decision of the Supreme Eurasian economic council of December 23, 2014 № 98, Council of the Eurasian economic commission decided:

1. Accept the enclosed technical regulation of the Eurasian Economic Union "About requirements to mineral fertilizers" (TR EEU 39/2016).

2. Determine that the technical regulation of the Eurasian Economic Union "About requirements to mineral fertilizers" (TR EEU 39/2016) becomes effective from the effective date the technical regulation of the Eurasian Economic Union "About safety of chemical products" or from the effective date decisions of Council of the Eurasian economic commission on procedure for forming and maintaining the unified register of the mineral fertilizers permitted to market circulation of the Eurasian Economic Union depending on what date is later, but not earlier than after 180 calendar days from the date of the introduction of this Decision in force.

3. This Decision shall enter into force upon the expiry of 30 calendar days from the date of its official publication.

Accepted by the Decision of Council of the Eurasian economic commission of November 30, 2016 №150

The technical regulation of the Eurasian Economic Union "About requirements to mineral fertilizers" (TR EEU 39/2016)

This technical regulation is developed according to article 52 of the Agreement on the Eurasian Economic Union of May 29, 2014.

This technical regulation establishes obligatory for application and execution in the territory of the Eurasian Economic Union (further – the Union) safety requirements to the mineral fertilizers issued in market circulation of the Union and the processes of storage, transportation and marking of mineral fertilizers connected with requirements to mineral fertilizers.

I. Scope

1. This technical regulation is developed for the purpose of protection in the territory of the Union of life and (or) health of the person, animals and plants, the environment, property, the prevention of the actions misleading consumers of mineral fertilizers concerning their appointment and safety.

2. This technical regulation extends on:

a) the mineral fertilizers according to the list according to appendix №1 made, imported (imported) on customs area of the Union;

b) the processes of storage, transportation and marking of mineral fertilizers connected with requirements to mineral fertilizers.

3. Requirements of this technical regulation do not extend to organic and organomineral fertilizers.

4. In relation to mineral fertilizers and their components dangerous factors are:

a) the fire - and potential of explosion;

b) the oxidizing properties;

c) corrosion properties;

d) danger to the person: peroral, thermal and inhalation toxicity, irritant action on skin and mucous membranes, skin-resorptive effect, allergenicity, capability to bio-accumulation in human body and to accumulating in environment objects (water, the soil, plants);

e) radiation hazard;

e) influence on ecosystems.

II. Basic concepts

5. For the purposes of application of this technical regulation concepts which mean the following are used:

 "manufacturer" – the legal entity or physical person registered as the individual entrepreneur, including the foreign manufacturer performing on its own behalf production or production and realization of mineral fertilizers and responsible for their compliance to requirements of this technical regulation;

"importer" – the resident of state member of the Union who concluded with the nonresident of state member of the Union the agreement in foreign trade on import to the territory of the Union of mineral fertilizers enables the realization of mineral fertilizers and bears responsibility for their compliance to requirements of this technical regulation;

"microfertilizer" – mineral fertilizer in which nutritious elements are microelements;

"mineral fertilizer" – the fertilizer of industrial or fossil origin containing nutritious elements in mineral form;

"material safety data sheet" – the document of the established form containing data on dangerous properties of mineral fertilizer, the information about the manufacturer (authorized by the manufacturer person), the importer of this mineral fertilizer, measure of the prevention and safety requirement for ensuring safe handling in the territory of the Union of mineral fertilizer;

"nutritious element, active ingredient" – the chemical element of fertilizer necessary for growth and development of plants;

"precautionary marking" – information component representing complex of the data (in the form of the short text, separate graphical or color symbols and their combinations) applied on packaging or on the label;

"fertilizer" – substance for food of plants and increase in fertility of the soil;

"fertilizer with microelements" – the mineral fertilizer containing macro - and microelements;

"person authorized by the manufacturer" – the legal entity or physical person registered in the procedure established by the legislation of state member of the Union in its territory as the individual entrepreneur which based on the contract with the manufacturer, including the foreign manufacturer, perform actions on behalf of this manufacturer in case of assessment of conformity and release into the stream of commerce of mineral fertilizers in the territory of the Union and also bear responsibility for discrepancy of mineral fertilizers to requirements of technical regulations of the Union (Customs union) which action extends to them.

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