Biostimulants legislation

In Belgium, fertilizers, soil conditioners, growing media, sewage sludge and related products may only be placed on the market after meeting one of the following conditions:

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- a fertilizer, a basic mineral amendment, a soil amendment, a growing medium, an inhibitor, a plant biostimulant or a combination of fertilizers, meet the requirements of Regulation No. 2019/1009 (the European Fertiliser Regulation), or

- a fertilizer, a soil conditioner, a growing substrate or a related product, be mentioned in Annex I of the Royal Decree of January 28, 2013 or

- a fertilizer, soil conditioner, growth medium or related product have obtained an "exemption" from Royal Decree of 29 January 28, 2013 (a so-called "dérogation") or for sewage sludge to have an authorization. Please keep in mind that the registering of a sewage sludge product is an enterly different procedure involving the implication of the regions as well, not only the national level.

You will find an overview of all regulations relating to fertilizers here.

Fertiliser Product standards - Described in Royal Decree of January 28, 2013

The national legislative provisions are included in the Royal Decree of January 28, 2013 relating to the marketing and use of fertilizers, soil conditioners and growing substrates and its annexes. This decree applies to the trade and use of fertilizers, soil conditioners, growth substrates, sewage sludge and any product having a specific effect of stimulating plant production (referred to as "products" in this royal decree).

Annex I to this Royal Decree lists the types of products that can be placed on the market in Belgium without prior authorisation.

The Minister may authorize trade in products not listed in Annex I (in accordance with Article 5) by granting them an exemption.

Sewage sludge from urban or industrial wastewater treatment plants can be used in agriculture under certain conditions. Companies that want to use their sewage sludge in agriculture must first request authorization (see above).

The positive list of Annex I of EC Regulation 2003/2003 relating to fertilizers was included in the annex to the Royal Decree of January 28, 2013. The coordinated version is reproduced below (decree and annexes). The document “Presentation AR 01/28/2013” below explains the principles of the royal decree.

Approval, authorization and registration of companies

Operators active in the sector of fertilizers, soil amendments, growing substrates, sewage sludge and related products are subject to the royal decree of January 16, 2006 establishing the terms of approvals, authorizations and prior registrations issued by the Federal Agency for the Safety of the Food Chain (AFSCA).

Registration with the FASFC (Annex I of the aforementioned royal decree) is at least necessary. Approval (Annex II of the aforementioned royal decree) or authorization (Annex III of the aforementioned royal decree) from the FASFC is required respectively for manufacturers or importers of the following products:

- compound fertilizers

- fertilizer containing several trace elements

- fertilizer mixtures for the preparation of nutrient solutions for hydroculture and cultivation on substrates

- products made entirely or partly of by-products of animal origin

- mixed organic soil amendments

For other activities (manufacture or import of products other than the aforementioned products, marketing, packaging, storage, etc.), registration with the FASFC is sufficient in accordance with Annex I of the aforementioned royal decree.

Further information on approvals, authorizations and registrations is available on the FASFC website. You will also find the list of approved and authorized operators there.

Approved laboratories

The Federal Agency for the Safety of the Food Chain (AFSCA) approves laboratories for carrying out analyzes of fertilizers, soil amendments, growing substrates, sewage sludge and related products. On the AFSCA website there is: http://www.afsca.be/laboratoires/laboratoiresagrees/#general

Competent authorities in Belgium:

In Belgium, competence in matters of fertilizers, soil amendments, crop substrates, sewage sludge and related products is distributed between different authorities:

Federal authorities

- FPS Public Health, Food Chain Safety and Environment (SSCE), Plant Protection Products and Fertilizers Department

- Federal Agency for the Safety of the Food Chain (AFSCA)

Regional authorities

- Flemish Region: OVAM (Openbare Vlaamse Afvalstoffenmaatschappij)

- Walloon region: DSD (Public Service of Wallonia - Department of Soil and Waste)

- Brussels-Capital Region: IBGE (Brussels Institute for Environmental Management)

Below the powers of each authority are briefly explained.

Federal Authority – SPF SSCE, Plant Protection Products and Fertilizers Service

Their servie, the Plant Protection Products and Fertilizers Department http://www.sante.belgique.be/

is responsible for drafting product standards for fertilizers, soil conditioners, growing media, sewage sludge and related products. This service evaluates both the safety of these products for humans, plants, animals and the food chain as well as their agronomic value (effectiveness).

Within this department, the Fertilizers cell is responsible for adapting l'arrêté royal du 28 janvier 2013  

(for example, addition of new products in Annex I), for the granting of exemptions for products which are not in Annex I and the granting of authorizations for sewage sludge. The Fertilizers unit also has the mission of representing Belgium at European meetings on product legislation for fertilizers, soil conditioners, growing substrates and related products.

Federal authority – AFSCA

Monitoring compliance with product standards falls within the competence of l'Agence fédérale pour la Sécurité de la Chaîne alimentaire (AFSCA). L'Afsca is also responsible for granting approvals, authorizations and registrations of companies and laboratory approvals.

Regional authorities

The Regions are responsible for waste and environmental policy.

Waste can be used, under certain conditions, for the manufacture of fertilizers, soil conditioners, growing substrates and related products. These waste-based products are also subject to regional regulations in Belgium. The same principle applies to sewage sludge. The prior consent of the Region concerned is always required. The product must therefore be included in a positive list or must be covered by a certificate of use/raw material declaration/test certificate.

The following authorities are responsible for waste:

Région flamande /Flemish region: OVAM (Openbare Vlaamse Afvalstoffenmaatschappij)

Région wallonne/ Wallonia region : DSD (Service Public de Wallonie - Département du Sol et des Déchets)

Région Bruxelles-capitale / Brussels region IBGE (Institut Bruxellois pour la Gestion de l'Environnement)

From an environmental protection point of view, regional authorities can also set requirements for the use of fertilizers, soil conditioners, growing media, sewage sludge and related products. Nitrates management also falls under the jurisdiction of the regions.