3.6.2006 Official Journal of the European Union L 150/17 COMMISSION COMMISSION DECISION of 24 May 2006 on the national provisions notified by the Czech Republic under Article 95(4) of the EC Treaty concerning the maximum admissible content of cadmium in fertilisers (notified under document number C(2006) 2036) (Only the Czech version is authentic) (Text with EEA relevance) (2006/390/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular Article 95(6) thereof, Whereas: I. FACTS By letter of the Office of the Permanent Representation of the Czech Republic to the European Union of 1 December 2005, the Czech Government, referring to Article 95(4) of the Treaty, notified to the Commission its national provisions regarding the cadmium content in fertilisers that it deems necessary to maintain after the adoption of Regulation (EC) No 2003/2003 of the European Parliament and the Council of 13 October 2003 relating to fertilisers (1). 1. ARTICLE 95(4) AND (6) OF THE TREATY Article 95(4) and (6) of the Treaty provides: ‘4. If, after the adoption by the Council or by the Commission of a harmonisation measure, a Member State deems it necessary to maintain national provisions on grounds of major needs referred to in Article 30, or relating to the protection of the environment or the working environment, it shall notify the Commission of these provisions as well as the grounds for main- taining them. (..) () O] L 304, 21.11.2003, p. 1. 4 A ) 6. The Commission shall, within six months of the notification approve or reject the national provisions involved after having verified whether or not they are a means of arbitrary discrimination or a disguised restriction to trade between Member States and whether or not they shall constitute an obstacle to the functioning of the internal market. In the absence of a Decision by the Commission within this period the national provisions referred to in para- graphs 4 (...) shall be deemed to have been approved. When justified by the complexity of the matter and in the absence of danger for human health, the Commission may notify the Member State concerned that the period referred to in this paragraph may be extended for a further period of up to six months.’ 2. COMMUNITY LEGISLATION Council Directive 76/116/EEC of 18 December 1975 on the approximation of the laws of the Member States relating to fertilisers (2, as last amended by Directive 98/97[EC (%), laid down the requirements that fertilisers must fulfil in order to be placed on the market with the designation ‘EC fertilisers’. Directive 76/116/EEC has been replaced by Regulation (EC) No 2003/2003. Annex [ to Regulation (EC) No 2003/2003 sets out the type designation and the corresponding requirements, e.g. with respect to its composition, that each EC- designated fertiliser must fulfil. EC-designated fertilisers included in this list are grouped into categories, depending on the content of the primary nutrients, ie. the elements nitrogen, phosphorus and potassium. 24, 30.1.1976, p. 21. oJ L 0] L 18, 23.1.1999, p. 60.