BAKGRUNN (fra kommisjonsforordningen)

(1) Regulation (EU) 2019/1009 lays down rules on the making available on the market of EU fertilising products. EU fertilising products may contain only materials belonging to one of the Component Material Categories (CMCs) in Annex II to Regulation (EU) 2019/2009. That Regulation sets out an obligation for the Commission to assess biodegradability criteria for mulch films with the purpose of including them as a component material belonging to CMC 9. The Commission performed that assessment with the support of an external study (‘the study’). 

(2) Mulch films are used to maintain, improve or protect the physical or chemical properties, the structure or the biological activity of the soil. They could contribute to keeping water in soils and increase the soil temperature with positive impact on the development of crops. Given that the application of mulch films does not allow weeds to grow, the crops will no longer compete with weeds on sunlight and nutrients. Therefore, the use of mulch films could lead to a more efficient use of fertilisers. Mulch films also would reduce the use of herbicides, thus contributing to achieving the target set out in the Communication on the Farm to Fork Strategy to reduce the overall use and risk of chemical pesticides by 50 % by 2030. 

(3) The study showed that there are both biodegradable and non-biodegradable mulch films on the market, used as national fertilising products. Appropriate requirements should be laid down to include biodegradable polymers in the form of mulch films within the scope of Regulation (EU) 2019/1009. The biodegradation should be assessed both in soils and in aquatic environments. 

(4) The study built a tool to predict the biodegradability behavior of polymers by using a mathematical model and showing the correlation between biodegradability under test conditions and natural environments representative of the different regions of the Union. Thus, the study assessed various factors such as soil temperature, soil pH, water content in soil, water temperature and other factors linked to the polymer characteristics (chemical structure, crystallinity, surface and thickness). The study put forward proposals concerning the biodegradability criteria for mulch films in soils and in water. 

(5) As regards biodegradability criteria in soils, given that mulch films imply the application of large quantities of polymers to soils, their biodegradation should be proven within maximum 24 months. To reduce the testing period, an accelerated testing method should be permitted. The study showed an adequate correlation between real life conditions and temperatures higher that 25°C which is the temperature used in testing conditions. Testing at a higher temperature such as 37°C accelerates biodegradation, while it is still considered acceptable in terms of microbiology and environment-dependent factors in real life conditions. The results obtained by the soil tool developed in the study showed that the testing period could be reduced in specific cases. Therefore, an accelerated testing at 37°C under specific conditions should be introduced as an alternative option to demonstrate 90% ultimate degradation or mineralisation. 

(6) The biodegradability criteria for aquatic environments should take into account both the function of mulch films and the available testing methods. On the function, the mulch films are applied to soils to improve or protect the physical or chemical properties, the structure or the biological activity of the soil for 12 months in average. So, mulch films are designed to slowly degrade when exposed to various environmental factors, in particular sunlight and rain. The biodegradation which unavoidably occurs during that functionality period should be limited so that the mulch film can still fulfil its function. As regards the available test methods for biodegradability in water, they are reliable during a period of 12 months. Therefore, biodegradability criteria in aquatic environments should be set out at a level during the testing period that would allow them to fulfil their function and would also ensure that there would not be an accumulation of polymers in aquatic environments. It is assumed that the biodegradation process will continue after the 12-month testing period and will reach the 90 % within 24 months after the functionality period. While that ultimate degradation cannot be proved with the existing test methods, it is nevertheless a safe assumption as the material already proved a biodegradation potential and it will continue to be exposed to the same environmental factors. However, given the ongoing work on developing the testing methods for biodegradation in aquatic environments and to support innovation, mulch films for which the same biodegradation criteria for soil can be proven in aquatic environment should also be included in the scope of the EU harmonisation rules. 

(7) In real life conditions, mulch films are to be applied to soil. They are not supposed to reach aquatic environments. While the transport of parts of mulch films to aquatic environment cannot be totally excluded, the potential risks to the aquatic environment are reduced because the polymers concerned would reach water bodies only after having already started the degradation in soils. To further limit the potential risks, a labelling requirement should be set out, warning end-users not to use the product close to surface water bodies and to maintain buffer zones, in accordance with national measures on the use of fertilisers. In the absence of such rules, a minimum buffer zone of 3 m should be complied with. In addition, to avoid leaching to water bodies and encourage the biodegradation in soils, the labelling of mulch films should also include an instruction to incorporate the product in the soil after the functionality period. 

(8) To ensure equal conditions for competition, the test methods to prove compliance with the biodegradability criteria should be listed. Such test methods are set out in European or international standards and are thus reliable and reproducible. 

(9) Polymers already included in CMC 9 have to pass a plant growth acute toxicity test, an earthworm acute toxicity test and a nitrification inhibition test with soil microorganisms. To ensure a high level of protection of human health and the environment, the same tests should also apply to polymers in mulch films. In addition, as mulch films are used in larger quantities compared to the other polymers in CMC 9, the mulch film polymers should also pass an earthworm chronic toxicity test. 

(10) Regulation (EU) 2019/1009 should therefore be amended accordingly.