17.5.2006 Official Journal of the European Union L 129/19 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 3 January 2006 on the national provisions notified by the Kingdom of Sweden under Article 95(4) of the EC Treaty concerning the maximum admissible content of cadmium in fertilisers (notified under document number C(2005) 5532) (Only the Swedish text is authentic) (Text with EEA relevance) (2006/347EC) 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, (") OJ L 24, 30.1.1976, p. 21. Directive as last amended by the 2003 Act of Accession. identification, labelling or packaging, to prohibit, restrict or hinder the marketing of fertilisers marked ‘EC fertiliser’ which comply with the provisions of this Directive. (4)  Commission Decision 2002/399/EC of 24 May 2002 on the national provisions notified by the Kingdom of Sweden 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 Swedish provisions which prohibit the placing on the Swedish market of fertilisers containing in excess of 100 grams of cadmium per tonne of phosphorus. This derogation was applicable until 31 December 2005. (5)  Directive 76/116/EEC, as amended, has been replaced by Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers (3). (6)  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. () OJ L 138, 28.5.2002, p. 24. () OJ L 304, 21.11.2003, p. 1. Regulation as amended by Commission Regulation (EC) No 2076/2004 (O] L 359, 4.12.2004, p. 25).