Fertilising products

The following product groups can be distinguished:

• Fertilisers
• Soil improvers
• Growing media
• Sewage sludge
• Related products

Products subject to the fertilising products legislation

Fertilisers, soil improvers, growing media, sewage sludge and related products can only be placed on the Belgian market if one of the following conditions is met:

• the product is a fertilising product conform with Regulation 2019/1009 or
• the product is a fertiliser, soil improver, growing medium or related product listed in annex I to the Royal Decree of 28 January 2013.

Products not occurring in Annex I to the Royal Decree of 28 January 2013 can be placed on the market via a so-called derogation (this is an authorisation for fertilisers, soil improvers, growing media and related products). Sewage sludge is subject to authorisation.

Derogation application procedure

A derogation allows the marketing of products as fertilisers, soil improvers, growing media and related products. For products that are not listed in Annex I to the Royal Decree of 28 January 2013, a derogation may be granted according to Article 5.

In order to obtain a derogation, an online application needs to be submitted.

The application needs to contain a file providing as much information about the product as possible. The exact content of the file depends on the nature of the product but on the whole it consists of:

• the composition, nature and origin of the product
• the description of the production process
• the agricultural value / guarantees
• an analysis report of a recognised laboratory including the relevant parameter(s)
• the intended use(s), quantity/quantities and the instructions for use
• a model of the label or the accompanying document.
•        and for microorganisms

If the product for which a derogation is applied for is a waste product, a derogation can only be granted after the Region has agreed with the valorisation the waste product for agricultural purposes. This implies that the product must be included in a positive list or must be covered by a certificate of use, a raw material declaration or an inspection certificate. In that case, the applicant needs to add a copy of this certificate of use, raw material or inspection certificate to the file (or prove that an application has been submitted in order to obtain such a certificate).

The following authorities are responsible for waste products:

• The Flemish Region: OVAM (Openbare Vlaamse Afvalstoffenmaatschappij)
• The Walloon Region: DSD (Département du Sol et des Déchets)
• The Brussels-Capital Region: IBGE/BIM (the Brussels Institute for Environmental Management)

Fees

After receipt of your application you will be sent an invoice for the payment of the € 1500 fee to the Budget Fund for Raw Materials and Products.

Period

The derogation is granted for a period of maximum 5 years and can repeatedly be renewed for a period of maximum 5 years at a time.