New limits for chromium and vanadium and the implications for manufacture of fertilisers from ferrous slag

Subject: New limits for chromium and vanadium and the implications for manufacture of fertilisers from ferrous slag

Ferrous slag produced as a by-product of steelmaking has traditionally been used as a fertiliser. In making good use of a material that would normally be discarded, this fits in well with the criteria for the circular economy.

The industry is concerned about the limits being set for chromium and vanadium in the draft version of the delegated act presented by DG GROW as they will, in the industry’s opinion, prevent lime fertilisers from being sold on the single market. Furthermore, the equivalent quantity of silt would be replaced as a result by natural silt from new quarries established solely for this purpose.

As this departs from the rules of Annex I PFC of Regulation 2019/1009, I would like to know the following:

1. What has changed compared to how these by-products were regarded previously? What is the reason for these new limits?

2. How can a step like this be consistent with the strategy on the circular economy and use of resources?

Answer given by Mr Breton on behalf of the European Commission

(2 March 2022)

1. In accordance with Article 42(7) of Regulation (EU) 2019/1009 (1), the European Parliament and the Council empowered the Commission to lay down safety criteria for the use of by-products in EU fertilising products. Such safety criteria are to apply in addition to the general criteria included in Annex I to the regulation. When assessing the safety criteria needed, the Commission‘s Joint Research Centre (JRC) found that ferrous slags contain high levels of total chromium and vanadium, toxic for human health and the environment. The analysis also identified a possible accumulation of these contaminants in soil, which would be against the EU commitments to protect agricultural soils (2), a conclusion also supported by a recent study on contaminants in fertilisers (3).

2. Regulation (EU) 2019/1009 was the first action of the Circular Economy action plan (4). In parallel, fertilising products should not be detrimental to human health or to the environment, as mentioned in the European Green Deal, in the Farm-to-Fork and EU Soil strategies. The co-legislators agreed that fertilising products of higher quality from the circularity perspective should benefit from easier access to the internal market. Other fertilising products, not meeting those safety criteria, can still be marketed as national fertilising products, according to national rules and more local risk management.

⋅1∙ OJ L 170, 25.6.2019, p. 1.

⋅2∙ COM/2021/699 final.

⋅3∙ https://ec.europa.eu/environment/chemicals/reach/pdf/20210726-FInal%20report-V2c.pdf

⋅4∙ COM/2015/0614 final.