How are fertilisers, which include plant aids ("biostimulants"), regulated in Austria?

The Fertiliser Act 2021 regulates the basic requirements for placing fertilisers on the market.

Fertilisers, soil additives, growing media and plant aids may only be placed on the market if they comply with a type specified in the (Austrian) Fertiliser Ordinance 2004 or Regulation (EU) 2019/1009; otherwise, approval must be applied for from the Federal Office for Food Safety.

The Fertiliser Ordinance 2004 has been in force since 1 February 2004 and is regularly amended in line with technical progress and developments in EU law:

Amendment of the Fertiliser Ordinance 2010

Due to the entry into force of EU Decision No. 1348/2008/EC concerning the maximum content of ammonium nitrate and in connection with the utilisation of biogas slurry, implementing provisions were issued concerning the placing on the market and labelling of mineral, organic and organic-mineral fertilisers.

Biogas slurry:

The conversion of energy from biomass (commercial fertilizer, renewable raw materials and other organic residues, etc.) into electricity, heat and fuels using biogas technology is becoming increasingly important in Austria. This renewable energy replaces fossil fuels, thus reducing climate-impacting CO2 emissions and reducing methane emissions during the storage of manure.

As a by-product of this energy production, biogas slurry is produced, which is a high-quality nitrogen fertilizer and can be used to responsibly return the nutrients to the agricultural material cycle. Biogas slurry was first included in the 2007 amendment to the Fertilizer Ordinance as a starting material for fertilizers. Due to its increasing importance, biogas slurry was included the 2010 amendment, BGBl. II No. 162, approved as a separate type of fertilizer (Appendix 1 under III 9).

source: https://info.bml.gv.at/themen/landwirtschaft/betriebswirtschaftliches-vermarktung/betriebsmittel-rechtsinfo/Duengemittel

How can biostimulants be placed on the Austrian market?

1. Via the "European" route (European Fertiliser Regulation 2019/2009)

The EU Fertilizer Products Regulation 2019/1009 of the European Parliament and of the Council of 5 June 2019 laying down rules for the making available on the market of EU fertilizer products.

Please note:

Fertilizer products that are labeled as "EC fertilizers" according to the previous legal basis (Regulation (EC) No. 2003/2003) can still be sold, provided that they were lawfully placed on the market before 16.07.2022.

2. Via the national route

According to Section 2 (1) Z8 Fertiliser Act 2021, placing on the market means making available on the Union market, importing from third countries, transporting, holding in stock for sale, offering for sale, selling, distance selling and any other transfer in the course of trade, whether in return for payment or free of charge, including distribution in cooperatives or other associations of persons to their members.

All fertiliser products require approval in accordance with Section 9 of the Fertiliser Act 2021 in Austria that do not have approval under fertiliser law in another EU country, do not correspond to a type of the Fertiliser Ordinance 2004 or may not be marketed as an EU fertiliser product in accordance with Regulation (EU) 2019/1009.

f a fertiliser product corresponds to a type approved in the DMVO 2004 in terms of composition, content of ingredients or source materials or any other special provisions, this fertiliser product is generally marketable and no further steps are required (type approval).

If, on the other hand, a fertiliser product does not correspond to a type described in the DMVO 2004 due to its composition, content of ingredients or source materials, then an approval (individual approval) is required for this in accordance with Section 9 DMG 2021. This is issued by decision of the BAES.

source: https://www.baes.gv.at/zulassung/duengemittel

Anyone intending to place fertilisers, soil additives, growing media or plant aids on the market commercially must notify the Federal Office for Food Safety in accordance with Section 16 of the Fertiliser Act 2021 before commencing their activities. The notification must be made via the https://www.baes.gv.at/registrierung

Fertiliser Act 2021 (DMG 2021 - in German)

Fertiliser regulation 2004 (DMVO 2004 - in German)

3. Via Mutual Recognition

Fertiliser products that are lawfully marketed in another Member State (e.g. have a valid authorisation in one of the EU Member States) are considered marketable within the meaning of Regulation (EU) 2019/515 on the mutual recognition of goods on the Union market (and therefore also in Austria). Authorisation in accordance with Section 9 DMG 2021 is therefore not possible. In principle, no further active notification to the authority is required.

source: https://www.baes.gv.at/zulassung/duengemittel

Competent authority

The Federal Office for Food Safety (BAES)

Fertilizer department

Federal Office for Food Safety

AGES GmbH

Spargelfeldstraße 191 1220 Vienna

duengemittel@baes.gv.at

Tel.: +43 (0) 5 05 55 32352

National Fertiliser registry

https://www.baes.gv.at/zulassung/duengemittel/duengemittelregister

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