EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2024) XXX  draft  
ANNEXES 1 to 3  
 
ANNEXES  
to the  
Commission Delegated Regulation  
amending Regulation (EU) 2019/1009 of the European Parliament and of the Council as 
regards the Enterococcaceae and presuming conformity of EU fertilising products 
without verification   EN 1  EN ANNEX  I 
Part II of Annex I to Regulation (EU) 2019/1009  is amended as follows:  
(1) in section  ‘PFC 1(A) : ORGANIC FERTILISER’ , point 4, table,  the words  
‘Escherichia coli  or Enterococcaceae ’, are replaced by ’ Escherichia coli  or 
Enterococcus ’; 
(2) in section  ‘PFC 1(B) : ORGANO -MINERAL FERTILISER’ , point 5, table, the 
words  ‘Escherichia coli  or Enterococcaceae ’ are replaced by ’ Escherichia coli or 
Enterococcus ’; 
(3) in section ‘PFC 1(C) : INORGANIC FERTILISER’ , point 2, table, the words 
‘Escherichia coli  or Enterococcaceae ’ are replaced by ’ Escherichia coli  or 
Enterococcus ’; 
(4) in section  ‘PFC 3(A) : ORGANIC SOIL IMPROVER’ , point 4, table,  the words 
‘Escheri chia coli  or Enterococcaceae ’ are replaced by ’ Escherichia coli  or 
Enterococcus ’; 
(5) in section  ‘PFC 3(B) : INORGANIC SOIL IMPROVER’ , point 4, table, the words 
‘Escherichia coli  or Enterococcaceae ’ are replaced by ’ Escherichia coli  or 
Enterococcus ’; 
(6) in section  ‘PFC 4 : GROWING MEDIUM’ , point 4, table, the words ‘Escherichia 
coli or Enterococcaceae ’ in are replaced by ’ Escherichia coli  or Enterococcus ’; 
(7) in section ‘PFC 6(A) : MICROBIAL PLANT BIOSTIMULANT’ , point 2, table, the 
word ‘Enterococcaceae’  is replaced by ’Enterococcus ’; 
(8) in section  ‘PFC 6(B) : NON -MICROBIAL PLANT BIOSTIMULANT’ , point 2, 
table, the words ‘Escherichia coli  or Enterococcaceae ’ are replaced by ’ Escherichia 
coli or Enterococcus ’. EN 2  EN ANNEX II 
Part II of Annex II to Regulation (EU) 2019/1009 is amended as follows:  
(1) in section  ‘CMC 3 : COMPOST’ , the following point  6 is added : 
‘6. Where compliance with the requirement in point 4(a) follows certainly and uncontestably 
from the nature or the recover y process of the compost or the manufacturing process of the 
EU fertilising product, that compliance may be presumed in the conformity assessment 
procedure without verification (such as testing), under the responsibility of the 
manufacturer.’;  
(2) in section  ‘CMC 5 : DIGESTATE OTHER THAN FRESH CROP DIGES TATE’ , the 
following point  7 is added : 
‘7. Where compliance with the requirement in point 4 follows certainly and uncontestably 
from the nature or the recovery process of the digestate, or the fraction thereof, o r the 
manufacturing process of the EU fertilising product, that compliance may be presumed in the 
conformity assessment procedure without verification (such as testing), under the 
responsibility of the manufacturer.’;  
(3) section ‘ CMC 12 : PRECIPITATED PHOSPHAT E SALTS AND DERIVATES’ , is 
amended as follows:  
(a) point 8 is amended as follows:  
(i) in the introductory wording , the word  ‘Enterococcaceae’  is replaced 
by ’Enterococcus’ ; 
(ii) in the table,  the words  ‘Escherichia  coli or Enterococcaceae’  are 
replaced by ’Escherichia  coli or Enterococcus’ ; 
(b) in point 10, the word ‘Enterococcaceae’  is replaced by ’Enterococcus’ ; 
(c) the following point  15 is added:  
‘15. Where compliance with one of the requirements in points 11 and 12 follows certainly and 
uncontestably from the nature or the recovery process of the precipitated phosphate salt or the 
derivate, or the manufacturing process of the EU fertilising product, that compliance may be 
presumed in the conformity assessment procedure without verification (such as testing), un der 
the responsibility of the manufacturer.’;  
(4) in section  ‘CMC 13 : THERMAL OXIDATION MATERIALS OR DERIVATES’ , 
the following point  9 is added : 
‘9. Where compliance with one of the requirements in points 5 and 7 follows certainly and 
uncontestably from the na ture or the recovery process of the thermal oxidation material or the 
derivate, or the manufacturing process of the EU fertilising product, that compliance may be 
presumed in the conformity assessment procedure without verification (such as testing), under  
the responsibility of the manufacturer.’;  
(5) in section  ‘CMC 14 : PYROLYSIS AND GASIFICATION MATERIALS ’, the 
following point 8 is added : 
‘8. Where compliance with one of the requirement s in points 3 and 6  follows certainly and 
uncontestably from the nature or  the recovery process of the pyrolysis or gasification material,  
or the manufacturing process of the EU fertilising product, that compliance may be presumed 
in the conformity assessment procedure without verification (such as testing), under the 
responsibi lity of the manufacturer.’;  EN 3  EN (6) section ‘ CMC 15 : RECOVERED HIGH PURITY MATERIALS’  is amended as 
follows:  
(a) point (7) is amended as follows:  
(i) in the introductory wording , the word  ‘Enterococcaceae’  is replaced 
by ’Enterococcus’ ; 
(ii) in the  table, the  words  ‘Escherichia  coli or Enterococcaceae’  are 
replaced by ’Escherichia  coli or Enterococcus’ ; 
(b) in point 8,  the first, second and t hird paragraphs,  the word ‘Enterococcaceae ’ 
is replaced by ’ Enterococcus ’.  EN 4  EN ANNEX III 
Part III of Annex III to Regulation (EU) 2019/1009 is amended as follows:  
(1) section ‘ PFC 1(C) : INORGANIC FERTILISER’  is amended as follows:  
(a) the entry  ‘Quantity’  is replaced by the following:  
‘Quantity  ± 1 % relative deviation of the declared value for 
products belonging to PFC 1(C)(I)  
± 5 % relative deviation of the declared value for 
products belonging to PFC 1(C)(II)’ ; 
(b) the last sentence ‘Quantity: ± 5 % relative deviation of the declared value’ is 
deleted;  
(2) in section  ‘PFC 5 : INHIBITOR’ , the entry ‘Concentration of more than 2 %’ is 
replaced by the following:  
‘Concentration of 
more than 2  % ± 10 % of the declared value up to a maximum of 
± 2 % in absolute terms’ . 
 