This year saw the emergence of new Regulation (EU) 2019/1009 of the European Parliament and of the Council of 5 June 2019 laying down the rules for the making available on the market of EU fertilizer products and amending Regulations (EC) No. 1069/2009 and (EC) No. 1107/2009, and repeals Regulation (EC) No. 2003/2003. The Regulation will enter into force on 16 July 2022. Biochar is again classified as an organic soil conditioner, i.e. the product function category is KFV 3(A). Biochar has not yet been included in the component material category. The annex is in the final adjustment stage and biochar will be categorized in the pyrolyzed and gasified materials category, i.e. component material category KSM 13.
For individual V4 countries, the legislation is as follows:
Czech Republic
The quality of biochar, which is used as a soil additive, is monitored by many national and multinational institutions. In the Czech Republic, biochar is registered by the Central Institute for Supervising and Testing in Agriculture (CISTA). Biochar is registered in the soil excipient category. In order to begin the certification process, we offer the possibility of consultation (Doc. Pohořelý - michael.pohorely@vscht.cz). Today, this Czech authority only checks the harmlessness of biochar, not its quality. It therefore focuses on the content of toxic substances, but does not guarantee that the biochar produced will in fact improve soil quality. The certification is valid throughout the EU.
Slovakia
under construction...
Poland
under construction...
Hungary
National regulation for industrial manufacturing of biochar, which permit procedure is involving several Authorities, incl. Industrial Safety, Environmental Protection, Workers safety, Fire Protection and other Authorities. Based on and linked to the EU regulations.
National regulation for lawfully marketing and application of biochar, which permit procedure is including accredited product qualifications (such as limit definitions of PTEs, priority hazardous pollutants, such as PAH 19 <1 mg/kg, aso) and agronomical grow testing in two different climatic zones and soil conditions, which is accredited executed at least under two yeary by by the National Food Chain Safety Authority. Based on and linked to the EU regulations.
European regulation for Mutual Recognition for lawfully marketing of biochar in other member State, EU 2019/515.
European regulation for industrial manufacturing of biochar as chemically modified substance, REACH Registration, Evaluation, Authorisation and Restriction of Chemicals, EU 2006/1907.
European regulation Fertilising Products Regulation EU 2019/1009, (EC fertilisers) that will be implemented from July 16, 2022.
From July 16, 2022 the EC fertilisers and the National Fertilizers/EU 2019/515 will run parallel.