17.5.2006 Official Journal of the European Union L 129/25 COMMISSION DECISION of 3 January 2006 on the national provisions notified by the Republic of Finland under Article 95(4) of the EC Treaty concerning the maximum admissible content of cadmium in fertilisers (notified under document number C(2005) 5542) (Only the Finnish and Swedish texts are authentic) (Text with EEA relevance) (2006/348EC) 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 1. Community legislation (1)  Council Directive 76/116/EEC of 18 December 1975 on the approximation of the laws of the Member States relating to fertilisers ('), laid down the requirements that fertilisers must fulfil in order to be placed on the market with the designation ‘EC fertilisers’. Annex I to Directive 76/116/EEC set out the type desig- nation 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. According to Article 7 of Directive 76/116/EEC Member States were not permitted on grounds of composition, identification, labelling or packaging, to prohibit, restrict or hinder the marketing of fertilisers marked ‘EC fertiliser’ which comply with the provisions of this Directive. Commission Decision 2002/398EC of 24 May 2002 on the national provisions notified by the Republic of Finland under Article 95(4) of the EC Treaty concerning the maximum admissible content of cadmium in ferti- lisers (?) granted a derogation to Directive 76/116/EEC, by approving the Finnish provisions which prohibit the placing on the Finnish market of phosphorous mineral fertilisers with a cadmium content exceeding 50 mg for each kilogram of phosphorus. This derogation wass applicable until 31 December 2005. (") OJ L 24, 30.1.1976, p. 21. Directive as last amended by the 2003 Act of Accession. () O] L 138, 28.5.2002, p. 15. ©) Directive 76/116/EEC, as amended, has been replaced by Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers (3). Article 35(2), of Regulation (EC) No 2003/2003 states that derogations from Article 7 of Directive 76/116/EEC that were granted by the Commission under Article 95(6) of the Treaty shall be construed as derogations from Article 5 of the present Regulation and shall continue to produce their effects notwithstanding the entry into force of this Regulation. Recital 15 of Regulation (EC) No 2003/2003 announces that the Commission will address the issue of uninten- tional cadmium content in mineral fertilisers and will, where appropriate, draw up a proposal for a Regulation and will present it to the European Parliament and the Council. Work is in progress to prepare a Commission proposal on cadmium in fertilisers. 2. The accession of Finland Finland acceded to the European Union on 1 January 1995. The Act of Accession () lays down transitional provisions concerning the use and marketing of cadmium in that State. Article 84(1) provides that during a period of four years from the date of accession, the provisions referred to in Annex X of the Act shall, in accordance with that Annex and subject to the conditions set out therein, not apply to Finland. Article 84 of and point 2 of Annex X to the Act of Accession provide that Article 7 of Directive 76/116/EEC, in so far as it concerns the cadmium content of fertilisers, shall not apply to Finland before 1 January 1999 and that the provisions of Directive 76/116/EEC will be reviewed in accordance with Community procedures by 31 December 1998. () O] L 304, 21.11.2003, p. 1. Regulation as last amended by Commission Regulation (EC) No 4.12.2004, p. 25). 20762004 (O] L 359, () OJ C 241, 29.8.1994, p. 37 and p. 308.