There are a range of regulatory provisions either already in existence or pending in regard to the placing on the market, importation and use of fertiliser blends containing ammonium nitrate and these are administered and enforced by the Department of Agriculture and Food, the Department of Justice, Equality and Law Reform and the Health and Safety Authority. I am informed that these Departments and their agencies are in ongoing liaison with each other, and with representatives of the Irish Fertiliser Manufacturers Association, IFMA, with regard to the safety implications involved. I am also informed that all the parties have agreed an action plan outlining their respective roles.
In short, the roles of the Departments and their agencies can be described as follows: the Department of Agriculture and Food carries out sampling and chemical analysis on fertilisers placed on the Irish market and alerts the Department of Justice, Equality and Law Reform in case of non-compliance. It also carries out labelling checks for product identification purposes and to ensure that such products are in accordance with standards laid down in the various legal instruments; the Department of Justice, Equality and Law Reform administers and enforces the Explosives (Ammonium Nitrate and Sodium Chlorate) Order 1972 (SI 191 of 1972), which is made under the Explosives Act 1875. This order declares that the substances specified in the schedule to the order shall be deemed to be explosives within the meaning of the Explosives Act 1875. The schedule to the order includes, inter alia, ammonium nitrate and certain fertilisers, which contain ammonium nitrate in excess of 79% by weight. Under the terms of the order these substances are deemed to be explosives within the meaning of the Act and are therefore subject to the security controls operated under that Act; the Health and Safety Authority, during its inspection of relevant sites, check that facilities and arrangements, including the provision of appropriate information and training, for the safe storage of fertilisers are in place.
There is also a commitment by the fertiliser manufacturing industry to review and update the safety information available to users of their products. Regulation (EC) No. 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers applies to products which are placed on the market as fertilisers designated "EC-Fertilisers" and in the context of the regulation importation of a fertiliser into the customs territory of the European Community is deemed to constitute placing on the market. Under this regulation, which has yet to be given full effect, high nitrogen content ammonium nitrate fertilisers, for example, those containing more than 28% by mass of nitrogen in relation to ammonium nitrate, are subject to a detonation resistance test. This will be required to be carried out by the supplying company and a test certificate must be made available five days prior to the importation of the fertiliser. For fertilisers with nitrogen content of less than 28% no detonation test is required. The regulation, inter alia, also specifies labelling requirements for fertilisers so that users are fully informed as to nutrients present for plant growth and percentage and forms of such nutrients, etc.
Depending on the amount of fertiliser involved, if a company comes within the relevant thresholds for dangerous substances, the provisions of the European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2000 would also apply. The Carriage of Dangerous Goods by Road Regulations 2004 are also relevant to the safe transport of fertilisers.
I welcome the fact that the relevant State agencies are liaising and co-operating with each other, and the manufacturing sector, in this important safety matter.
