1. ------IND- 2020 0715 B-- EN- ------ 20201126 --- --- PROJET

Decree of the Flemish Government amending the Flemish Environmental Permits Regulation (VLAREME) of 28 October 2016, as regards the declaration and the register for fertiliser and fertilisation

Legal grounds

This Decree is based on:

the Special Law of 8 August 1980 on the reform of the institutions, Article 20, as amended by the Special Law of 16 July 1993;

the Manure Decree of 22 December 2006, Article 4(§ 3), inserted by the Decree of 12 December 2008 and amended by the Decree of 12 June 2015, Article 13(§ 10), replaced by the Decree of 12 June 2015 and amended by the Decree of 24 May 2019, Article 23(§ 7), replaced by the Decree of 12 June 2015, Article 24(§ 2), amended by the Decrees of 28 February 2014 and 24 May 2019, § 5, amended by the Decree of 12 June 2015, and § 6, inserted by the Decree of 24 May 2019.


The Council of State issued opinion No 68.157/1 on 12 November 2020, pursuant to Article 84(§ 1)(1)(2°), of the Council of State Acts, coordinated on 12 January 1973.

This draft was communicated to the European Commission on 19 November 2020, applying Article 5 of Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services.

Initiator

This Decree is proposed by the Flemish Minister of Justice and Enforcement, Environment, Energy and Tourism.

THE FLEMISH GOVERNMENT HEREBY DECREES THE FOLLOWING:

Article 1. A new Article 2.2.1.4 is inserted into the VLAREME of 28 October 2016, last amended by the Flemish Government Decree of 29 May 2020, with the following text:
Article 1. A new Article 2.2.1.4 is inserted into the VLAREME of 28 October 2016,last amended by the Flemish Government Decree of 29 May 2020, with the following text:

‘Article 2.2.1.4. By way of derogation from Articles 2.2.1.1 to 2.2.1.3, paragraphs 2 to 7 shall apply to the register for producers, distributors, importers or exporters of fertilisers mentioned in Article 2.2.3.1 and to the register for farmers of fertilisers mentioned in Article 2.2.4.1.
‘Article 2.2.1.4. By way of derogation from the Articles 2.2.1.1 to 2.2.1.3, paragraphs two to nine included shall apply to the register for producers, distributors, importers or exporters of fertilisers mentioned in the Article 2.2.3.1 and to the register for farmers of fertilisers mentioned in Article 2.2.4.1.

The aforementioned registers are kept via the Internet counter made available by the Manure Bank.


The information referred to in Article 2.2.4.1(§ 2)(2), which has not been recorded by the farmer whose holding the parcel in question belongs to, is transmitted by the Manure Bank to the farmer whose holding the parcel in question belongs to. The Manure Bank will pass on the data referred to in Article 2.2.4.1(§ 2)(2), as soon as the data in the single application for the year in question show who the farmer is to whose holding the parcel in question belongs.

Without prejudice to the application of paragraph 6, the Minister may stipulate that, for entries in the register relating to fertiliser marketing, the Manure Bank shall pass on the information recorded by a party subject to the register to the other parties involved in the marketing of fertiliser. The Minister may lay down more detailed rules on this matter.’.
Without prejudice to the application of paragraph six, the Minister may stipulate that, for entries in the register relating to fertiliser marketing, the Manure Bank shall pass on the information recorded by a party subject to the register to the other parties involved in the marketing of fertiliser. The Minister may lay down more detailed rules on this matter.

By way of derogation from paragraph 3, the register shall be completed no later than the month following the month in which the facts to be recorded in the register have occurred in respect of:

1° the data to be entered in the register for producers, distributors, importers or exporters of fertilisers, as referred to in Article 2.2.3.1, in relation to the export of fertilisers. By way of derogation from Article 2.2.3.1(4), the register shall record, for each type of fertiliser, the quantity of fertiliser exported kg P2O5, in kg N and tonnes in the month in question;

2° the data to be recorded in the register for producers, distributors, importers or exporters of fertilisers, as referred to in Article 2.2.3.1, relating to deliveries to private individuals of up to a maximum of 100 kg of fertiliser per delivery. By way of derogation from Article 2.2.3.1(1), the register shall record, for each type of fertiliser, the amount of fertiliser, expressed in kg P2O5, in kg N and tonnes, delivered to private individuals during the month in question via deliveries of up to a maximum of 100 kg per delivery;

3° the fertiliser register referred to in Article 2.2.4.1, which relates to a farmer subject to registration whose holding has an exemption as referred to in Article 14(6) of The Manure Decree. The exemption referred to in Article 14(6) of the Manure Decree may be applied for by any farmer on whose holding there is agricultural land, irrespective of the type of area within which the farmer’s parcels are located. By way of derogation from Article 2.2.4.1(2), it is noted in the register of such a farmer, for each plot of agricultural land belonging to the holding, how much fertilizer, specified according to the type of fertilizer and expressed in kg P2O5, in N kg and tonnes, was used on the relevant plot in the relevant month.

The Minister may establish the detailed rules concerning the derogations referred to in paragraph eight, and may extend the situations in which facts are to be entered in the register no later than the month following the month in which the facts occurred, as referred to in paragraph eight above, and may determine, by way of derogation from Articles 2.2.3.1 and 2.2.4.1, the information to be recorded in the register.’

Article 2. Article 2.2.3.1 of the same Decree, inserted by the Flemish Government Decree of 22 December 2017, is amended as follows:


7° a paragraph 5 is added, reading:

‘By way of derogation from paragraphs 1 to 4, for the purpose of identifying the provider, producer or recipient of fertilisers that do not have a farm or operation number, the company number of the provider, producer or recipient of fertilisers in question shall be entered in the register.’.
‘By way of derogation from paragraphs 1 to 4, for the purpose of identifying the provider, producer or recipient of fertilisers that do not have a farm or operation number, the company number of the provider, producer or recipient of fertilisers in question shall be entered in the register.’

Article 3. A new subsection 4, consisting of Article 2.2.4.1, is added to Chapter 2, Part 2, of the same Decree, amended by the Decree of the Flemish Government of 22 December 2017, reading as follows:

‘Subsection 4. The fertiliser register for farmers

Article 2.2.4.1. § 1. For the implementation of Article 24(§ 6) of the Manure Decree of 22 December 2006, each farmer referred to in Article 23(§ 1)(1)(1°) of the aforementioned Decree shall keep a fertiliser register for each calendar year.
Article 2.2.4.1. § 1. In accordance with Article 24(6) of the Manure Decree of 22 December 2006, each farmer, referred to in Article 23(1)(1)(1) of the aforementioned Decree, shall keep, for each calendar year, an artificial fertiliser register.

The fertiliser register, mentioned in paragraph 1, consists of two parts:


a trade register in which the farmer accounts for the fertiliser flows on his holding in accordance with subsection 3.

§ 2. The farmer ensures that the use register referred to in subsection 1(2), records the use of fertiliser on all the agricultural parcels belonging to the holding.
§2. The farmer ensures that the use register referred to in subsection 1(2), records the use of fertiliser on all the agricultural parcels belonging to the holding.

The farmer shall ensure that, for each agricultural parcel of land belonging to the holding, each fertiliser application is recorded. The following information shall be recorded for each use of fertiliser:


Contrary to paragraphs 1 to 3, the Minister may determine the manner in which the use of fertilisers on permanently covered agricultural land must be recorded in the use register.

§ 3. The farmer accounts for the fertiliser flows on the farmer’s holding in the trade register referred to in subsection 1(2)(2°).
§3. The farmer accounts for the fertiliser flows on the farmer’s holding in the trade register referred to in subsection 1(2)(2°).

In the trade register, the farmer records all fertiliser received on his holding or transferred to a third party.


For the purposes of this subsection, a fertiliser transfer between different operators belonging to the same farmer shall not be considered as a fertiliser transfer to a third party.

The name and address of the farmer or operator concerned and the farmer’s or operator’s number shall be given for the identification of the holding or the farm from which the fertiliser was transferred, as referred to in paragraph 3(4°), and for the identification of the holding or farm to which the fertiliser was transferred, as referred to in paragraph 4(4°). If the farmer or operator in question does not have a farmer or operator number, the business number of the farmer or operator in question shall be entered in the register.’.
The name and address of the farmer or operator concerned and the farmer’s or operator’s number shall be given for the identification of the holding or the farm from which the fertiliser was transferred, as referred to in paragraph 3(4°), and for the identification of the holding or farm to which the fertiliser was transferred, as referred to in paragraph 4(4°). If the farmer or operator in question does not have a farmer or operator number, the business number of the farmer or operator in question shall be entered in the register.’

Article 4. A Part 5, consisting of Article 4.5.1, is inserted into Chapter 4 of the same Decree, last amended by the Flemish Government Decree of 22 December 2017, reading as follows:

‘Part 5. Fertilisation standards

Article 4.5.1. For the purposes of the application of the Manure Decree of 22 December 2006 and its implementing decrees, the farmer whose holding the parcel in question belongs to is responsible for fertilising that parcel.
Article 4.5.1. For the purposes of the application of the Manure Decree of 22 December 2006 and its implementing decrees, the farmer whose holding the

A farmer who, in the course of a year, uses an agricultural parcel which does not belong to his holding shall not apply fertiliser to that agricultural parcel, unless he is authorised to apply the fertiliser or has it applied, by the farmer whose holding the parcel in question belongs to. Fertilisers applied with the consent of the farmer whose holding the agricultural parcel belongs to shall be considered as fertilisers supplied to the farmer whose holding the parcel in question belongs to. Fertilisers which cannot be shown to have been applied with the consent of the farmer whose holding the agricultural parcel belongs to shall not be considered as fertilisers supplied to the farmer whose holding the parcel in question belongs to. These fertilisers are considered to have been applied in breach of the provisions of the Manure Decree by the farmer applying fertiliser to a plot of land not belonging to his holding.
parcel in question belongs to is responsible for fertilising that parcel.

The Minister may lay down more detailed rules concerning the consent referred to in paragraph 2.’.
A farmer who, in the course of a year, uses an agricultural parcel which does not belong to his holding shall not apply fertiliser to that agricultural parcel, unless he is authorised to apply the fertiliser or has it applied, by the farmer whose holding the parcel in question,belongs to. Fertilisers applied with the consent of the farmer whose holding the agricultural parcel belongs to, shall be considered as fertilisers supplied to the farmer whose holding the parcel in question belongs to. Fertilisers which cannot be shown to have been applied with the consent of the farmer whose holding the agricultural parcel belongs to shall not be considered as fertilisers supplied to the farmer whose holding the parcel in question belongs to. These fertilisers are considered to have been applied in breach of the provisions of the Manure Decree by the farmer applying fertiliser to a plot of land not belonging to his holding.

The Minister may lay down more detailed rules concerning the consent referred to in paragraph 2.’

Article 5. A new Article 13.1.7 is inserted into the VLAREME of 28 October 2016, last amended by the Flemish Government Decree of 29 May 2020, with the following text:

‘Article 13.1.7. § 1. By way of derogation from Article 2.2.1.4(3) of this Decision, in the year 2021 the register referred to in Article 2.2.3.1 may be filled in via the Internet counter no later than the thirtieth day after the day on which the facts to be entered in the register took place, provided that the person concerned keeps the information to be entered in the register on paper or digitally no later than the seventh day after the day on which the facts to be entered in the register took place until the day these facts are entered into the register made available via the Internet counter.
‘Article 13.1.7. § 1. By way of derogation from Article 2.2.1.4(3) of this Decree, in the year 2021 the register referred to in Article 2.2.3.1 may be filled in via the Internet counter no later than the thirtieth day after the day on which the facts to be entered in the register took place, provided that the person concerned keeps the information to be entered in the register on paper or digitally no later than the seventh day after the day on which the facts to be entered in the register took place until the day these facts are entered into the register made available via the Internet counter.

In 2021, by way of derogation from Article 2.2.1.4(3) of this Decree, the following deadlines shall apply for completing the register referred to in Article 2.2.4.1:

if a farmer applies or has applied all or part of a fertiliser received on his holding within seven days of receipt, the data relating to the receipt of the fertiliser, as referred to in Article 2.2.4.1(§ 3)(4) shall be entered in the register no later than the seventh day after the day on which the fertiliser received was started to be applied on agricultural land;
1° the farmer required to keep a fertiliser register in accordance with the provisions of Article 2.2.4.1 may complete the trade register referred to in Article 2.2.4.1(3) at the latest on the thirtieth day following the day on which the facts to be recorded in the register took place;

the farmer who is required to keep a fertiliser register in accordance with the provisions of Article 2.2.4.1 may complete the register no later than the thirtieth day following the day on which the events to be recorded in the register took place if the farmer fulfils all of the following conditions:
2° the farmer who is required to keep a fertiliser register in accordance with the provisions of Article 2.2.4.1 may complete the register, described in Article 2.2.4.1 (2), no later than the thirtieth day following the day on which the events to be recorded in the register took place if the farmer fulfils all of the following conditions:

no ornamental crops, no tree varieties, no Group I vegetables, no Group II vegetables and no strawberries are grown on the agricultural area of the holding of the farmer concerned, except in growing medium;

the farmer shall ensure that, from the seventh day following the day on which the facts to be entered in the register take place, until the day on which those facts are entered in the register made available through the Internet counter, he keeps a paper or digital record of the data to be entered in the register.
the farmer shall ensure that, from the seventh day following the day on which the facts to be entered in the register take place, until the day on which those facts are entered in the register made available

through the Internet counter, he keeps a paper or digital record of the data to be entered in the register.

In 2022, by way of derogation from Article 2.2.1.4(3) of this Decree, the following deadlines shall apply for completing the register referred to in Article 2.2.4.1:

if a farmer applies or has applied a quantity of fertiliser received on his holding, in whole or in part, on agricultural land within seven days of receipt, the data relating to the receipt of the fertiliser, as referred to in Article 2.2.4.1(§ 3)(4), shall be entered in the register no later than the seventh day after the day on which the fertiliser received was started to be applied on agricultural land;
1° the farmer required to keep a fertiliser register in accordance with the provisions of Article 2.2.4.1 may complete the trade register referred to in Article 2.2.4.1(3) at the latest on the fifteenth day following the day on which the facts to be recorded in the register took place;

the farmer who is required to keep a fertiliser register in accordance with the provisions of Article 2.2.4.1 may complete the register no later than the thirtieth day following the day on which the events to be recorded in the register took place if the farmer fulfils all of the following conditions:
2° the farmer who is required to keep a fertiliser register in accordance with the provisions of Article 2.2.4.1 may complete the register, described in Article 2.2.4.1 (2), no later than the thirtieth day following the day on which the events to be recorded in the register took place if the farmer fulfils all of the following conditions:

no ornamental crops, no tree varieties, no Group I vegetables, no Group II vegetables and no strawberries are grown on the agricultural area of the holding of the farmer concerned, except in growing medium;


the farmer shall ensure that, from the seventh day following the day on which the facts to be entered in the register take place, until the day on which those facts are entered in the register made available through the Internet counter, he keeps a paper or digital record of the data to be entered in the register.

§ 2. Contrary to subsection 1 and Article 2.2.1.4(3) of this Decree, the register referred to in Article 2.2.3.1 shall be completed in 2021 at the latest by 31 March 2021 for the facts to be entered in the register that took place between 1 January 2021 and 1 March 2021.
§2. Contrary to subsection 1 and Article 2.2.1.4(3 and 8) of this Decree, the register referred to in Article 2.2.3.1 shall be completed in 2021, at the latest by 15 May 2021, for the facts to be entered in the register that took place between 1 January 2021 and 15 April 2021.’

Article 6. The present Decree shall enter into force on 1 March 2021.
Article 6. The present Decree shall enter into force on 15 April 2021.

Article 7. The Flemish minister, competent authority for the environment and nature, is responsible for the implementation of this Decree.
Article 7. The Flemish minister, competent authority for the environment and nature, is responsible for the implementation of this Decree.

Brussels, ... (date).