The following product groups can be used to cultivate crops and improve soil quality:
- Soil improvers
- Growing media
- Sewage sludge
- Related products
Products subject to the legislation on fertilizers
Fertilisers, soil improvers, growing media, sewage sludge and related products can only be placed on the Belgian market when one of the following conditions are met:
- the product is a mineral fertiliser included in Annex I to Regulation 2003/2003 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 that are not subject to Annex I to the Royal Decree of 28 January 2013 can be placed on the market via an authorisation (derogation) for fertilisers, soil improvers, growing media and related products. Sewage sludge is subject to authorisation.
Derogation application procedure
A derogation allows the selling of products as fertilisers, soil improvers, growing media and related products. Products that are not listed in Annex I to the Royal Decree of 28 January 2013 can be subject to derogation according to Article 5.
The application contains 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.
If the product for which an derogation is applied for is a waste product, a derogation can only be granted after the Region has agreed to valorise the waste product for agricultural purposes. This implies that the product must be included in a positive list or must be covered by a utility certificate, a resource certificate or an inspection certificate. In that case, you have to add a copy of this utility, resource 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: OWD (Office wallon des déchets)
- The Brussels-Capital Region: IBGE/BIM (the Brussels Institute for Environmental Management)
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.
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.
Products that are already authorised in another Member State of the European Union but that are not included in annex I to Regulation (EC) No 2003/2003 are subject to the principle of mutual recognition according to Regulation (EC) No 764/2008 of the European Parliament and the Council of 9 July 2008 laying down procedures relating to the application of certain national technical rules to products lawfully marketed in another Member State and repealing Decision No 3052/95/EC.
Products listed in annex I to the Royal Decree of 28 January 2013 can immediately be sold on the Belgian market.
For products that are not listed in annex I, however, prior authorisation is required in the form of a derogation. If you want to sell such products on the Belgian market, you must submit an application to do so in order to allow our department to assess the risks with regard to health, food chain safety and environment.
Consult derogations/authorisations granted for fertilisers, soil improvers, growing media, sewage sludge and related products.