Fertilizer Ordinance

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Basic data
Title: Ordinance on the use of fertilizers, soil additives, growing media and plant additives according to the principles of good professional practice in fertilizing
Short title: Fertilizer Ordinance
Previous title: Ordinance on the principles of good professional practice in fertilizing
Abbreviation: DüV
Type: Federal Ordinance
Scope: Federal Republic of Germany
Issued on the basis of: Sections 3, 4, 5, 7 and 15 DüG
Legal matter: Commercial administrative law , agricultural law
References : 7820-15-3
Original version from: January 26, 1996
( BGBl. I p. 118 )
Entry into force on: February 7, 1996
and July 1, 1996 respectively
Last revision from: May 26, 2017
( BGBl. I p. 1305 )
Entry into force of the
new version on: 		2nd June 2017
Last change by: Art. 1 Regulation of 28 April 2020
( Federal Law Gazette I, p. 846 )
Effective date of the
last change: 		May 1, 2020
(Art. 4 of April 28, 2020)
Weblink: Text of the regulation
Please note the note on the applicable legal version.

The Fertilizer Ordinance regulates the use of fertilizers , soil additives, growing media and plant additives according to the principles of good professional fertilization practice in Germany . It thus supplements the Fertilizer Ordinance for approval and the Fertilizer Act (until 2009 Fertilizer Act ) for sales.

history

The European Directive 91/676 / EEC (Nitrate Directive) had to be implemented in national law by December 20, 1993. In Germany, this implementation took place on January 26, 1996 through the first fertilizer ordinance. The European directive will be changed in 2008.

Aim and purpose

The aim of the Fertilizer Ordinance (DüV) of May 26, 2017 is to reduce material risks through the use of fertilizers, soil additives, growing media and plant additives on areas used for agriculture and other areas. The Fertilizer Ordinance also follows the NEC Directive , which was last amended in 2013, and is therefore relevant to cross compliance .

The fertilizer ordinance should

  • give farmers the necessary legal security for their fertilization measures,
  • support the goals of environmental protection and, in particular, water protection through appropriate fertilization regulations and
  • avoid new distortions of competition.

The DüV applies to the use of fertilizers on areas used for agriculture and horticulture. The following are regulated:

  • Principles of fertilizer application,
  • special principles for the use of farm manures of animal origin and of secondary raw material fertilizers,
  • Principles for determining fertilizer requirements,
  • Nutrient comparisons,
  • Record-keeping and retention obligations.

Principles of fertilizer application

The main provisions are:

  • As part of good professional practice, the fertilizers are to be applied in terms of time and quantity so that the nutrients can be used by the plants to the greatest possible extent and nutrient losses during cultivation and the associated inputs into water bodies are avoided as far as possible.
  • Devices for applying fertilizers must comply with the recognized rules of technology.
  • A direct entry of fertilizers into surface waters is to be avoided.
  • Fertilizers containing nitrogen and phosphorus may only be applied if the soil is capable of absorbing them.

Farm manure of animal origin and secondary raw material fertilizer

  • When applying liquid manure , liquid manure , liquid poultry manure or nitrogenous liquid secondary raw material fertilizers , ammonia volatilization must be avoided as far as possible. These fertilizers are to be incorporated immediately into uncultivated arable land.
  • On farmland after harvesting the allowed main crop fertilizers specified in the first point only when the grass field cultivation, intermediate crop and autumn sown or straw application in an amount of at most 40 kg / ha - ammonium nitrogen 80 kg / ha total nitrogen (the Ausbringverluste net) or maximum are applied .
  • In the period from November 1st to January 31st, the fertilizers mentioned in the first point may not be applied to arable land, and from November 15th to January 31st may not be applied to grassland ( core blocking period ).
  • Farm manure of animal origin may be used on soils that are very well supplied (i.e., according to the general opinion, on soils that contain more than 50 mg P 2 O 5 per 100 g of soil or more than 45 mg K 2 O on light soils or more than 50 mg K 2 O on medium soils or more than 65 mg K 2 O on heavy soils) can only be administered up to the level of the net withdrawal.
  • On average, nitrogen from farm manure may be applied to arable and grassland up to an amount of up to 170 kg per hectare and year.

Principles of the determination of fertilizer requirements

When determining the fertilizer requirement, the following must be taken into account:

  • The nutritional requirements of the crop,
  • the quantities of nutrients available in the soil,
  • the lime and humus content of the soil,
  • the growing conditions that affect nutrient availability, such as B. Previous crop , crop type and tillage .

The nutrient quantities available in the soil must be determined:

  • For nitrogen at least once a year by testing representative samples or as recommended by the competent authority or one of the advisory bodies recommended by them.
  • For phosphate , potash , pH value and lime requirement at least every 6 years (extensive grassland every 9 years) for each field over 1 ha by means of a soil analysis. The content of the auszubringenden manure total nitrogen, phosphate and potash (in slurry additionally ammonium -N) can be determined by testing according to standard values or estimation procedures.

Nutrient comparisons

  • Farms with more than 10 hectares of UAA or more than 1 hectare of special crops (e.g. tobacco , vines , hops , strawberries ) have the nutrient supply and nutrient supply for nitrogen annually, for phosphate and potash at least every 3 years for the past period. compare discharge ( nutrient balance ).
  • Farms with a nitrogen accumulation from animal husbandry of a maximum of 80 kg / ha and a use of a maximum of 40 kg N / ha from other N-containing fertilizers are excluded.

criticism

The Fertilizer Ordinance is criticized because it was established by agricultural policy in contradiction to scientific recommendations.

The European Union sees the German Fertilizer Ordinance as insufficient implementation of the European Nitrates Directive on groundwater protection and has initiated a corresponding sanction procedure that can lead to considerable penalties in Germany. According to the European Commission, the Fertilizer Ordinance of 2017 does not meet the requirements set out in the European Directive. In the room there is a sanction in the amount of a fine of approx. € 850,000 per day. It is also criticized that the fertilizer ordinance contains too many exceptions.

Web links

Individual evidence

  1. ↑ Friedhelm Taube: Expertise on the evaluation of the new fertilizer law (DüG, DüV, StoffBilV) from 2017 in Germany with regard to water protection. (PDF, 184 KB): bdew.de . June 2018, accessed May 18, 2019 .
  2. ↑ Study on the interrelationships and interests of the German Farmers' Association (DBV). (PDF, 3 MB): nabu.de . April 2019, accessed May 18, 2019 .
  3. ↑ EU warns about nitrate pollution Why Klöckner and Schulze have to go to Brussels for the slurry report. In: Der Tagesspiegel. August 28, 2019, accessed October 27, 2019 .
  4. ↑ Too much manure in fields: Toxic groundwater, toxic air. In: Der Tagesspiegel. January 30, 2019, accessed October 27, 2019 .