
Seven years after its adoption, and nearly four years after it entered into application, the EU Fertilising Products Regulation (FPR) offers a quiet lesson in how EU regulatory design actually works. The lesson is not about fertilisers alone. It concerns what happens when a harmonised EU framework is placed alongside mature national systems, with producers free to choose between them.
That choice is known, in the language of EU product law, as optional harmonisation. Under the FPR, producers can CE-mark their product and place it on the internal market under EU rules, or they can continue to follow national legislation. Recital 5 of Regulation (EU) 2019/1009 makes this design choice explicit: unlike most Union product harmonisation measures, the FPR does not prevent non-harmonised fertilising products from being placed on the internal market under national law [1]. Compliance with harmonised rules therefore remains optional.
Continue reading ”When optional harmonisation meets a patchwork: what the Fertilising Products Regulation tells us about EU regulatory design”





