Advanced Search

The Law On Excise Duty On Fertilisers

Original Language Title: Lannoitevalmistelaki

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Fertiliser Act

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

Chapter 1

General provisions

ARTICLE 1
Objective

The aim of this law, in order to safeguard the quality of plant production and food and the quality of the environment, is to promote the supply of good quality, safe and plant-compatible fertilizer products, the use of suitable by-products and The provision of adequate information on fertiliser products to buyers and users.

ARTICLE 2
Scope

This law shall apply to the placing on the market, placing on the market, use, transport, import and export of fertilisers and, where applicable, their raw materials. This law also applies mutatis mutandis to the manufacture of fertilisers for own use.

This law shall also apply to Regulation (EC) No 2003/2003 of the European Parliament and of the Council on fertilisers ( The fertilizer regulation ) Monitoring and other implementation.

Paragraph 3 has been repealed by L 24.4.2015/520 .

This law shall not apply to:

(1) for experimental scientific or product-developmental purposes;

2) fertiliser products transported through Finland;

(3) biogas and composting plants or other similar establishments dealing with organic materials and whose final products are not suitable for fertiliser or raw material, but are placed under environmental legislation Or incinerated in an approved combustion plant; and

(4) in the law on the transport of dangerous goods (19/1994) Of transport.

ARTICLE 3
Relationship with certain acts

The requirements for the manufacture, storage, packaging and importation of fertilisers, the raw materials of the fertiliser products and the fertiliser preparation as such, shall be valid in addition to the provisions of this Act. Provides for the chemical sa (19/04/1989) And the law on the safety of chemicals and explosives (390/2005) Is provided for.

In addition, the requirements for the processing, use and disposal of the raw materials of fertilizers and as such as fertiliser are laid down in the health protection law. (763/1994) , environmental protection (177/2014) , waste law (166/2011) And the law on land (555/1981) And Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste. In addition, the requirements for herbal fertilisers and their raw materials are laid down in the law on the protection of plant health (2011) . The animal fertiliser products and their raw materials requirements are also laid down in animal diseases (441/2013) And the law on animal by-products (517/2015) And import requirements are laid down in the Law on veterinary border inspection (19/02/1996) . (24/05/2015)

§ 4
Definitions

For the purposes of this law:

(1) Fertiliser product Fertilisers, calcification materials, soil improvers, substrates, microbial products and by-products used as fertiliser as such;

(2) Fertiliser Substances and preparations intended to contribute to the growth of plants or to improving the quality of the crop and the effect of which is based on plant nutrients or other plants, human or animal products;

(3) EC fertiliser Fertilisers listed in the Annexes to the Fertiliser Regulation which comply with the requirements laid down in the said Regulation and the labelling and packaging provisions and are equipped with 'EC LANNOITE';

(4) Calcination material Inorganic and organic mainly calcium or magnesium or both substances or preparations containing both elements or preparations which are usually present in oxides, hydroxides, carbonate or silicate, and which are primarily intended to remove The acidity of land;

(5) Soil improvers Substances that are added to the soil to maintain and improve its physical properties or to increase the biological activity of the country;

(6) On the substrate Technically treated solid or liquid substances for plant breeding, which have or may have been added to other fertilisers;

(7) Microbial product Products containing one or more known microbicides which have been found to have an effect on the growth or harvesting of plants per plant variety or plant species;

(8) By a by-product used as a fertiliser as such Products resulting from industrial, combustion or production facilities, biogas or composting plants, other installations, waste water treatment plants or other similar activities;

(9) Harmful substance, product and organism Substances, products or organisms that can cause health or other harm or danger to humans, animals, plants, soil or any other environment, in fertilizer preparations or their raw materials;

(10) Technical treatment Composting, digestion, screening, milling, milling, heating, drying, drying, packaging or mixing with other substances and any other equivalent treatment for the product;

(11) Placing on the market The holding of fertiliser products for their sale, including storage and supply, or other third parties, either free of charge or for transfer, and sales and other forms of transfer;

(12) Imports: Imports from other Member States other than the Member States of the European Union, except Article 40 of the Act, which also refers to imports from other Member States of the European Union to Finland;

(13) On the export Exports to non-eu Member States;

(14) Operator A natural or legal person who, in connection with his professional activities, manufactures, technically processes, places on the market, carries, uses, imported or exported fertilizer products or their raw materials;

(15) Self-monitoring The operator's own control system, the purpose of which is to ensure that the fertiliser product and its treatment meet the requirements imposed on them.

What this law provides for the European Community or the Member States of the European Union also applies to the European Economic Area and its Member States, to the extent required by the Agreement on the European Economic Area.

Chapter 2

Provisions for fertilizers

§ 5
General requirements

Fertilisers shall be uniform, safe and suitable for their intended use and shall comply with the requirements laid down in the Fertiliser Regulation and in this Act and in the acts adopted pursuant thereto. The fertiliser product shall not contain any harmful substances, products or organisms that may pose a risk to human or animal health or safety, plant health or the environment in accordance with its instructions for use. The raw materials of fertiliser products must be safe and that the fertiliser products produced from them comply with the quality requirements set for them. (24/05/2015)

The operator shall have appropriate facilities, equipment and equipment for the manufacture, storage and transport of fertilisers and their raw materials. The operator shall exercise due care and care with regard to the treatment, use, transport and storage of fertilisers and their raw materials in order to prevent health, safety and environmental harm.

The Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999 /45/EC and Council Regulation (EEC) No 793/93, Commission Regulation (EC) No 1488/94, Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council repealing Council Directive 76 /769/EEC and Commission Directives 91 /155/EEC, 93 /67/EEC, 93 /105/EC and 2000 /21/EC Requirements for fertilisers. (7.5.2010)

The Ministerial Decree of the Ministry of Agriculture and Forestry provides for more detailed provisions on the requirements for quality, handling, handling, transport and storage of fertilisers and their raw materials, as well as for explosive and fire-threatening fertilisers Specific requirements.

ARTICLE 6
Type designation of fertilizer product

Only fertiliser products with a type designation either in the national fertiliser type list or in the case of EC fertilisers published in the Annex to the European Union (EU) fertiliser types published in the Annex to the Fertiliser Regulation may be imported: Be placed on the market or placed on the market for marketing purposes. (17/04/913)

A new type designation may be added to the national fertiliser list:

(1) if the fertiliser preparations included in it contain nutrients to such an extent that they are beneficial to plants, or if the other characteristics of the fertiliser products covered by it significantly improve plant growth or growth conditions;

(2) where the fertiliser products covered by it may be analysed and sampled by a method conforming to EU legislation or, where there is no EU legislation, by an internationally agreed standard method or, if not: Be equally valid for the analysis and sampling of fertiliser products using a validated method; (17/04/913)

3) where the type designation is correct and is not contrary to good practice or misleading.

§ 7
Application of the type designation of fertilizer

The inclusion of a new type of fertilizer in the national fertiliser designation list or the EU fertiliser types is requested from the Food Safety Agency. The application for the addition of a new type designation to the national fertiliser designation list shall be accompanied by the following:

(1) the proposal for a new type and its justification;

2) a description of the manufacturing process;

(3) a description of the main raw materials used and their origin;

(4) a description of the central chemical and biological composition and physical characteristics;

(5) sampling and analysis methods for measuring essential characteristics;

(6) the recommended quantity of use, instructions for use and restriction factors, and storage characteristics, taking into account the prevention of health, safety and environmental harm; and

7) contact details of the applicant.

(17/04/913)

The Authority shall decide on the approval of the type designation in respect of the national type name list, amending and withdrawing the approval. The Authority shall inform the European Commission of the type designation of the national fertiliser product. The Agency shall, upon application, issue an opinion on the addition of the type designation to the list of fertiliser types in the European Union and shall ensure its notification to the European Commission. (7.5.2010)

The Agency shall keep a national list of types of fertiliser products. The national fertiliser type list includes type designation-specific data and type-specific information on the required manufacturing methods, essential raw materials, nutrients and their method of declaration, the form of nutrients, and As regards solubility, as well as the characteristics of the growth and structure of the plants or conducive to growth. The decree of the Ministry of Agriculture and Forestry provides for the type designation and type of the fertiliser product type designation requirements. (7.5.2010)

The application procedure may be further regulated by a regulation of the Ministry of Agriculture and Forestry.

§ 8
Labelling and packaging requirements

The fertilizer preparation placed on the market shall be a product fiche. The product label shall provide in writing information on the type and trade name, characteristics, use, composition, manufacturer and importer of the fertiliser product. The product label may also provide other information if they are unambiguous, measurable and justified and may not mislead the final user of the fertiliser. The product fiche shall be printed or affixed to the fertilizer kit. However, in bulk, the product fiche may be attached to the documentation accompanying the fertiliser and should be easily accessible for control purposes. The decree of the Ministry of Agriculture and Forestry provides for more detailed provisions on the exact content and tolerances of the information provided in the product label.

Fertilisers placed on the market, imported and exported from the country shall be safely and properly packaged, taking into account the characteristics of the product. The fertilizer must be transported and stored properly, safely and in a timely manner during transport. The decree of the Ministry of Agriculture and Forestry lays down more detailed rules on the packaging of fertilisers, the closure of packaging and the supply of non-prepacked fertiliser products to the final user.

The labelling and packaging requirements for fertilisers are also laid down in the fertilizer regulation. The content of the phosphorus, potassium, calcium, sodium, magnesium and sulphur content of ec fertilizers placed on the market shall be indicated in the product label, but may also be declared as oxides within the meaning of Article 6 of the Fertiliser Regulation. (24/05/2015)

§ 9
Temporary restrictions

Where there are reasonable grounds to believe that the fertiliser or its raw material may pose a significant risk to human or animal health or safety, plant health or the environment, the Regulation of the Ministry of Agriculture and Forestry may Temporarily prohibit or restrict the manufacture, placing on the market, use and import of such products and of the withdrawal of prohibited fertilisers from the market and the stocks of agricultural holdings.

Chapter 3

Operational activities

ARTICLE 10
Operational activities

The operator shall organise its activities in such a way that the requirements set out in Article 5 (2) are met and that there is no risk to human or animal health or safety, plant health, or The environment.

ARTICLE 11
Notification obligation

The operator shall make a written declaration to the Food Safety Agency concerning its activities, the relevant changes in its activities and the closure of its activities. The notification shall be made prior to the commencement of the notification and shall be accompanied by a description of the organisation. However, the obligation to notify does not apply to operators engaged exclusively in wholesale or retail trade, or solely in storage, transport or use of fertilisers or their raw materials, unless: The provisions of the fertiliser Regulation require notification. The decree of the Ministry of Agriculture and Forestry lays down more detailed provisions on the content and the conclusion of the notification. (24/05/2015)

The operator, which manufactures or technically manufactures fertilizer products, shall provide the Authority with an opportunity to carry out the inspection before commencing operations.

The operator referred to in paragraph 1 shall, once a year, notify the Authority, in accordance with the instructions given by it, of the quantities of fertiliser preparation and of the type and trade names, The raw materials used in the manufacture and their origin, and the quantities of fertilisers and quantities thereof placed on the market, their quantities and their quantities and, where appropriate, their uses.

ARTICLE 12
Obligation to keep the file

The operator who manufactures or technically processes for the placing on the market may place on the market, import or export fertilisers or their raw materials, shall keep an up-to-date file on its activities, of which: It must be possible, without difficulty, to establish the necessary information for the purpose of monitoring. The information shall include the purchase and origin of fertilizer products and their raw materials, the quantities of fertilisers and their raw materials, which are technically processed and prepared, sales of fertilisers and their raw materials, and other Supplies and storage sites. The information shall also include the quantities of fertiliser products imported and exported from the country and their raw materials. The decree of the Ministry of Agriculture and Forestry lays down detailed rules on the content and organisation of the file.

In order to ensure the traceability of fertilisers, the operator referred to in paragraph 1 shall keep the information necessary for monitoring the origin and the supply of fertilisers. This information shall be verified by the competent authority as long as the fertiliser is placed on the market and thereafter for a period of five years after the operator has stopped transmitting the fertiliser.

The obligation of professional secrecy shall not apply to operators engaged exclusively in wholesale or retail trade or solely in storage, transport or use of fertiliser products, unless the provisions of the Fertiliser Regulation require File traction. (24/05/2015)

ARTICLE 13
Obligation to control

In order to avoid any risk to human or animal health or safety, plant health or the environment, the operator must be familiar with the critical preparation and handling stages for the quality of the fertilizer products. The operator shall regularly monitor the critical stages of production and processing ( Self-control ).

The obligation to control shall not apply to the operator who exclusively carries or uses fertiliser products or their raw materials, unless the fertiliser regulation so requires. Self-control shall be accompanied by a written plan, which shall be submitted to the Food Safety Agency. The operator shall ensure that the workers involved in the manufacture and processing are aware of their own controls. (24/05/2015)

The Agency shall be obliged to advise on the establishment and implementation of a self-control plan. The Decree of the Ministry of Agriculture and Forestry may provide more detailed provisions on how self-control must be organised and updated.

ARTICLE 14
Approved establishments

The operator of non-animal organic fertiliser preparations or their raw materials, or their raw materials, shall be approved by the Food Safety Agency before it becomes operational ( Recognised organisation ). The application for approval shall include the following information:

(1) a statement of the institution and its activities;

(2) a description of the raw materials and final products to be used and their uses;

(3) the establishment plan of the institution;

(4) the date on which the institution or its amendment is to be introduced;

(5) environmental authorisation or application;

6) contact details of the applicant.

(24/05/2015)

The recognised organisation must apply for new approval if it substantially changes its activities.

The institution shall be approved if its activities, structures and equipment comply with the requirements laid down in this Act and the provisions adopted pursuant thereto. Approval may be granted for a fixed period. The recognised organisation may be subject to requirements, restrictions and other conditions relating to its operation if the activity may pose a risk to human or animal health or safety, plant health or the environment. The recognised organisation must be given a registration number. (24/05/2015)

The approval of establishments carrying out the production and processing of fertilizers of organic animal origin shall be governed by the health rules applicable to animal by-products and derived products not intended for human consumption And Regulation (EC) No 1069/2009 of the European Parliament and of the Council repealing Regulation No 1774/2002. (24/05/2015)

The detailed content of the information to be provided in the application for approval of an institution and the application procedure may be laid down by a Regulation of the Ministry of Agriculture and Forestry.

§ 15
Self-monitoring report of the recognised organisation

The recognised organisation must draw up an annual report on self-monitoring, showing the results of the monitoring of the critical manufacturing and processing stages and the problems and shortcomings identified in the control and how they have been resolved. The report shall be submitted to the Authority by the end of March following the calendar year following the year of surveillance. In addition, the recognised organisation shall immediately inform the Food Safety Agency of any abnormal activity which significantly affects the quality of the finished product.

The detailed content of the information to be reported in the institution's annual self-control report may be laid down by a Regulation of the Ministry of Agriculture and Forestry.

Chapter 4

Authorities

ARTICLE 16 (24/05/2015)
General control and control

General guidance and supervision of the implementation of the Fertiliser Regulation and of this law shall be the Ministry of Agriculture and Forestry.

§ 17 (24/05/2015)
Supervisory authorities

The Food Safety Agency shall be responsible for the implementation of the Fertiliser Regulation and of this Law and for monitoring compliance with the fertiliser Regulation and of this Act and of the provisions and regulations adopted pursuant to it. The Food Safety Authority will use the control of means of life, transport and environment. In addition to the Food Safety Agency, the import and export of fertilisers is controlled by Customs.

Supervision of customs duties is laid down by a regulation of the Ministry of Agriculture and Forestry.

ARTICLE 18
Authorised inspectors

In addition to the provisions of Article 17, the Authority may, in the case of inspection and surveillance tasks, exercise in writing the inspectors authorised to do so under the supervision of the Authority. The authorised inspector shall be subject to the provisions relating to criminal liability in the performance of his duties under this Act. The authorised inspecting officer shall have sufficient knowledge of the fertiliser products or other professional skills required for the purpose of carrying out the mandate.

If the authorised inspector is the administrative law (2003) , the competent authority may order someone else to perform his duties on a temporary basis. An ad hoc person shall be subject to the provisions of the authorised inspecting officer.

In the performance of his duties, the authorised inspector shall draw attention to the fact that the operator may give him his or her views in Finnish, Swedish or Sami in his mother tongue. If the operator does not know the language law (2003) , the inspector shall ensure the interpretation or translation necessary in accordance with Article 26 of the Administrative Code.

The authorised inspector shall, if so requested by the operator, present a written report on his mandate.

§ 19
Approved laboratories

The Food Safety Agency's laboratory shall act as an official laboratory for analyses of fertiliser product control within the meaning of the Fertilisation Regulation and this Law. The analysis of fertiliser product control may also be carried out in another laboratory approved by the Food Safety Agency. The other laboratory shall be approved if it is competent to carry out the analyses referred to above in accordance with European Union law, or, in the absence of European Union legislation, by internationally accepted standard methods or, in the absence of these, With equally valid validated methods for the analysis and sampling of fertilisers. The documents showing compliance with the conditions attached to the application shall be further laid down by a regulation of the Ministry of Agriculture and Forestry. (24/05/2015)

Approval may be granted for a fixed period. The approved laboratory may be subject to conditions, restrictions and other conditions where the fertiliser products covered by the analysis may pose a risk to human or animal health or safety, plants Health or the environment. The approved laboratory shall immediately inform the Food Safety Agency of any changes affecting the conditions of approval of the laboratory.

The Agency shall keep a list of approved laboratories for public use. The list shall include the laboratory's contact details and the area of competence.

The test body carrying out the tests on non-explosive fertiliser products shall be the Agency for Security and the Agency's accreditation ( FINAS accreditation service ) Or any other competent authority of the accreditation body of a Member State belonging to the European Economic Area, shall be accredited or competent in any other reliable manner. (17/04/913)

Chapter 5

Control

§ 20 (24/05/2015)
General principles of control organisation

Fertilisers and their raw materials must be controlled fairly and regularly. Control shall be enhanced if it is suspected that the fertiliser or its raw material or the operator's activity does not comply with the requirements laid down in the fertiliser regulation or in this Act or under it. The control measures shall be appropriate and appropriate to the different stages of the preparation, placing on the market, marketing, transport, storage, use and handling of the fertilizer preparation and its raw materials.

Where appropriate, the Authority shall provide operators with the necessary instructions and requests for compliance with the fertiliser Regulation or the requirements imposed by this law. The Decree of the Ministry of Agriculture and Forestry may provide more detailed provisions for the organisation of controls.

ARTICLE 21
Prior notification

The prior notification to the Authority of a fertiliser preparation or raw material imported from another Member State or from outside the Union shall be notified to the Authority. The obligation to notify does not apply to ec fertilizers. The Ministerial Decree of the Ministry of Agriculture and Forestry may provide for more detailed information on the information on fertiliser products or their raw materials, and on when and how the operator is required to submit a prior notification.

A fertiliser or batch containing the raw material imported into Finland may be kept under the supervision of the Authority in a place approved by the supervisory authority until the Authority has obtained a sufficient quantity of A statement that the fertiliser Regulation and the requirements laid down in this law and under this law are met. (24/05/2015)

§ 22
Approved customs and border crossing points

The Ministerial Decree of the Ministry of Agriculture and Forestry may provide for more details of the customs offices and border crossing points through which the importation of fertilisers and their raw materials is authorised.

ARTICLE 23
Control plan

The Food Safety Agency shall draw up an annual control plan for the organisation of controls.

The control plan shall specify at least the checks to be carried out, the type of control points and the frequency of inspections. In addition, the plan shall set out the criteria for the risk assessment of the target types and the criteria for the assessment of the implementation of the plan.

The decree of the Ministry of Agriculture and Forestry may provide for more detailed provisions on the control plan and its content.

§ 24
Right of access

The Authority and the Authorised Inspectors shall have the right to access to places where fertiliser products or their raw materials, as well as their documentation, are processed, used or stored, checked the means of transport, The operator's accounts and the file referred to in Article 12, and receive, free of charge, the necessary samples of the soil, the raw materials of the fertilizer products and the fertiliser products. In the case of domestic peace, an inspection shall only be carried out by an authority and an inspection may be carried out only where there are reasonable grounds for suspecting someone guilty of the procedure provided for in this law and that an inspection is necessary for the offence To investigate.

The Ministerial Decree of the Ministry of Agriculture and Forestry lays down more detailed rules on the inspection and surveillance procedures and the taking and investigation of samples.

ARTICLE 25 (24/05/2015)
Right to information

The Authority and the authorised inspectors shall be entitled to receive the information and documents necessary for the purposes of the fertilisation regulation or the control or control referred to in this Act.

§ 26 (17/04/913)
European Union inspectors

Articles 24 and 25 provide for inspection and access to information by the Finnish authorities, including EU inspectors. The Authority shall cooperate with EU inspectors in these inspections.

§ 27 (22/2011/846)
Disclosure of confidential information

Law on public authorities' activities (18/09/1999) Notwithstanding the obligation of professional or professional secrecy or financial position, the information obtained under this Law shall not prevent the disclosure of information obtained from a private or Community trade or professional secret:

(1) the Prosecutor and the Police Authority, (806/2011) in Section 2 of Chapter 8 , in order to investigate the crime;

(2) to the authorities referred to in Article 17 of this Law and to inspectors referred to in Article 18 (1) for the purpose of carrying out their duties under this law; and

(3) the foreign institutions and inspectors referred to in the legislation of the European Union or of Finland, which are bound by an international agreement, as required by European Union law or agreement.

ARTICLE 28 (24/05/2015)
Official assistance

The Authority shall have the right to obtain administrative assistance from the Border Guard, as well as police and civil protection authorities, in order to carry out their duties under the Fertiliser Regulation or of this Act and the provisions adopted pursuant thereto.

§ 29
Surveillance register

For the purposes of monitoring, the Authority shall register a national register of the reporting operators referred to in Article 11 (1). The register shall indicate:

(1) the name and address of the operator and other necessary contact details;

(2) addresses and contact details of the sites;

(3) the operator's activity;

(4) in the case of an approved establishment referred to in Article 14, its registration number; and

(5) information to the operator of the prohibition, penalties and other coercive measures imposed pursuant to Articles 32 to 37.

The data shall be deleted from the register within three years after the operator has ceased operations.

Information on the collection, processing and storage of personal data and the use and disclosure of data entered in the register shall be otherwise applicable in the (152/1999) And the law on public authorities' activities.

ARTICLE 30
Obligation to report

If the Authority knows or has reason to suspect that a fertiliser, its raw material or its use may pose a risk to human, animal or plant health or to the environment, the Authority shall, without prejudice to confidentiality rules, Immediately inform the competent environmental, food, veterinary, health, rescue or police authorities of the nature of the hazard.

ARTICLE 31
Publication of results of supervision

The Agency shall publish the results of the monitoring. However, confidential information referred to in Article 27 shall not be published.

The decree of the Ministry of Agriculture and Forestry may lay down more precise rules on the publication of the results of controls.

Chapter 6

Administrative constraints and sanctions

ARTICLE 32 (24/05/2015)
Order

Where the operator fails to comply with the Fertiliser Regulation or the provisions adopted pursuant to this law and the deficiencies do not comply with the conditions of the prohibition referred to in Article 33, the Authority may order the operator concerned to: Within a sufficient period of time to fulfil its obligations.

§ 33
Prohibition

The food safety agency may prohibit the use of a fertiliser or its raw material:

(1) manufacturing, unless the manufacturing or storage facility, the manufacturing method or equipment used, the manufacturer's own control method or the product satisfies the requirements laid down in this law or in accordance with it or in the fertilisation Regulation;

(2) processing, unless the treatment or storage facility used, the processing method or equipment, the operator's own control method or the product complies with the requirements laid down in this law or in accordance with it or in the fertilisation Regulation;

(3) the placing on the market or use, unless the fertiliser product, its packaging, or the information to be provided on it, meets the requirements laid down in this Law, or the requirements of the fertiliser Regulation, or the fertilizer preparation is used; Contrary to its instructions for use;

(4) transport or storage, unless the means of transport or storage facilities comply with the requirements laid down in this law or adopted pursuant to it or in the fertilisation Regulation;

(5) import or export, where the inspection finds that the fertiliser does not comply with the quality requirements laid down or laid down in this law or in the fertilisation Regulation;

(6) placing on the market, unless an explosive test for an explosion or fire hazard has been carried out in accordance with the requirements laid down in this Act or acts adopted pursuant to it or in the fertiliser Regulation.

(24/05/2015)

The prohibition shall be withdrawn without delay if the defect has been removed or rectified in such a way that the prohibition is no longer necessary.

If there is no delay, in addition to the Food Safety Agency, the other supervisory authority referred to in Article 17 may provisionally impose a ban on the batch of fertilizers. A temporary ban must be brought forward without delay to the Food Safety Authority. The prohibition shall lapse if the Authority has not adopted the decision referred to in paragraph 1 within one week from the date of the prohibition.

The Food Safety Agency shall immediately inform the Ministry of Agriculture and Forestry of the prohibition of ec fertilizers.

§ 34
Withdrawal of approval

The Food Safety Agency shall withdraw the approval of the establishment referred to in Article 14 or the laboratory referred to in Article 19 if the establishment or laboratory ceases to operate, on the basis of which it has been approved. In addition, the Authority may withdraw the approval if the laboratory or body in an essential manner infringes in this law or in accordance with the requirements of this law, or where the activity no longer fulfils the conditions for granting the approval The conditions and the failure to correct these deficiencies within a reasonable time limit set by the Authority. However, the approval may be withdrawn immediately if it is necessary for reasons of human or animal health or safety, plant health or the risk of undue damage to the environment.

ARTICLE 35
Disposal and export orders

Where the preparation, handling, placing on the market, use, import or export of a fertiliser preparation or raw material of its raw material is prohibited under Article 33, the Food Safety Agency may re-examine it in such a way as to: To be destroyed or returned to the country of dispatch at the expense of the operator. The decision may include provisions for the procedure to be followed for its implementation.

§ 36 (22.12.2009)
Threat and commissioning

The Authority may intensify the provision referred to in Article 32, the prohibition referred to in Article 33 (1) or the disposal or export order referred to in Article 35 or penalty payment, or at the risk of the absence of a measure Should be done at the expense of a defaulter. The decision on the threat and the commission may also be taken by the Centre for Enterprise, Transport and the Environment.

The penalty payment, the threat to be made and the commission of the commission are otherwise provided for in the (1113/1990) .

ARTICLE 37
Penalty provision

Every deliberate or gross negligence

(1) prepare, technically process, place on the market, use, import or export a fertiliser or a raw material which does not comply with Articles 5 to 8, or in the provisions adopted pursuant to them, and for the fertiliser product, its The requirements or specific requirements for the raw material or their packaging or labelling;

(2) infringes the temporary restriction adopted pursuant to Article 9;

(3) fails to comply with the notification requirement referred to in Article 11 or the file referred to in Article 12;

(4) fails to comply with the approval of the institution referred to in Article 14;

(5) infringes a provision adopted pursuant to Article 32 or a prohibition under Article 33; or

(6) violates the export and export orders issued pursuant to Article 35;

Shall be condemned, unless the law provides for a heavier penalty in the rest of the law, On the application for the offence of fertilizer Fine.

The Authority shall, on behalf of the supervisory authorities referred to in Chapter 4, declare the offence referred to in paragraph 1 in order to prosecute. The notification may not be made without an offence which, as a whole, must be considered to be negligible. In such a case, the Authority may issue a written notice to the operator responsible for the infringement, calling on him to correct the errors found.

Chapter 7

Outstanding provisions

ARTICLE 38 (24/05/2015)
Permission payments

Charges to the State by the fertilizer regulation or the authority under this law shall be charged to the State in the form of a State payment law (150/1992) Based on the criteria laid down.

ARTICLE 39
Premiums and reimbursement of costs

The Food Safety Agency shall carry out the checks and the costs of the checks and costs incurred by the inspectors in accordance with this law.

ARTICLE 40
Obligation to pay damages

The manufacturer, the manufacturer or importer of the fertilizer products shall compensate for the damage caused to the purchaser by a fertiliser in the use of a fertiliser in the form of a fertiliser in the form of a fertiliser regulation and in accordance with the provisions of this Law and the , or that the fertiliser product deviates beyond the information provided to the purchaser in accordance with the provisions of the said legislation. Compensation shall be made even if the damage has not been caused intentionally or through negligence. (24/05/2015)

However, the obligation to provide compensation within the meaning of paragraph 1 shall not be liable to the likelihood that the fertiliser product did not have a defect in the fertiliser product at the time when the fertiliser was placed on the market.

The obligation of the manufacturer, the manufacturer or importer to replace the fertilizer product to the person or to the property intended for private use or consumption, as a result of the damage suffered by the victim, Is provided for in the Product Liability Act (694/1990) .

ARTICLE 41 (31.1.201/98)
Appeals appeal

An appeal against a decision adopted under this law may be appealed to the administrative court, as in the case of administrative law (18/06/1996) Provides. The competent administrative court is the one whose jurisdiction is most relevant either on the basis of the location of the territory or on the basis of the place of residence of the trader.

The statement of appeal may also be forwarded to the authority which made the decision, which shall, without delay, submit a statement of appeal, together with the documents collected in the case and the appeal to the administrative court.

The decision on administrative law in the case of a decision as referred to in Chapter 6 may be appealed against by the appeal to the Supreme Administrative Court as laid down by the Administrative Law. The decision of the administrative court in another case may appeal against the appeal only if the Supreme Administrative Court grants an appeal.

The decision on the temporary prohibition referred to in Article 33 (3) shall not be contested separately.

ARTICLE 42
Implementation

A decision under this law may stipulate that the decision must be complied with before it has obtained the force of the law, unless the Board of Appeal decides otherwise.

ARTICLE 43
Entry into force

This Act shall enter into force on 1 July 2006.

This law repeals the fertiliser law of 26 February 1993 (242/1993) With its subsequent modifications. However, the decisions and regulations of the Ministry of Agriculture and Forestry adopted under the repealed Law remain, in so far as they are not contrary to this law, until further notice.

Before the entry into force of this Act, measures may be taken to implement it.

ARTICLE 44
Transitional provisions

An operator who, under Article 11 (1) of this Law, is obliged to notify under Article 11 (1) of this Law and who, at the time of entry into force of this Act, is already engaged in activities within the meaning of this Act, shall be notified within six months of the notification referred to in Article 11 (1) The entry into force.

The approval granted to an institution prior to the entry into force of this Act under Article 14 of this Act shall remain valid. An institution referred to in Article 14 of this Act, which has activities within the meaning of Article 14 at the time of entry into force of this Act, shall apply for approval no later than 24 months after the entry into force of this Act. These applications shall be processed by the Authority within four months from the date of the submission of the applications.

THEY 71/2005 , MmVM 3/2006, EV 51/2006, Regulation (EC) No 2003/2003 of the European Parliament and of the Council (32003R2003); OJ L 304, p. Regulation (EC) No 1774/2002 of the European Parliament and of the Council (32002R1774); OJ L 273, p. 1

Entry into force and application of amending acts:

22.12.2009/1498:

This Act shall enter into force on 1 January 2010.

Before the entry into force of this Act, measures may be taken to implement the law.

THEY 161/2009 , HVM 18/2009, EV 205/2009

7.5.2010/340:

This Act shall enter into force on 27 June 2010.

THEY 271/2009 , MmVM 3/2010, EV 47/2010

17 JUNE 2011/659:

This Act shall enter into force on 1 May 2012.

THEY 199/2010 , YmVM 23/2010, PeVL 58/2010, HVL 35/2010, TaVL 30/2010, EV 360/2010

ON 22 JULY 2012,

This Act shall enter into force on 1 January 2014.

THEY 222/2010 , LaVM 44/2010 EV 374/2010

31.1.2014:

The entry into force of this Act shall be regulated by law.

L 98/2014 Enters into force on 1 September 2014 75/2014 In accordance with

THEY 121/2013 , MmVM 17/2013, EV 186/2013

27 JUNE 2014/543:

This Act shall enter into force on 1 September 2014.

THEY 214/2013 , YmVM 3/2014, EV 67/2014

7.11.2011:

This Act shall enter into force on 1 January 2015.

THEY 163/2014 , TaVM 15/2014, EV 115/2014

24.4.2010:

This Act shall enter into force on 1 July 2015.

THEY 235/2014 , MmVM 32/2014, EV 344/2014