28.4.2012 Official Journal of the European Union L 116/29 DECISIONS COMMISSION DECISION of 18 April 2012 extending the period referred to in Article 114(6) of the Treaty on the Functioning of the European Union in relation to national provisions concerning the maximum admissible content of cadmium in fertilisers notified by the Kingdom of Sweden pursuant to Article 114(5) of the TFEU (notified under document C(2012) 2461) (Only the Swedish text is authentic) (Text with EEA relevance) (2012/230/EV) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114(6) thereof, Whereas: I. FACTS On 17 October 2011, the Kingdom of Sweden notified the Commission, pursuant to Article 114(5) of the Treaty on the Functioning of the European Union (TFEU), of its intention to introduce national provisions to lower the content of cadmium allowed in phosphorous fertilisers to a maximum level of 46 grams of cadmium per tonne of phosphorous (equivalent to 20 mg Cd/kg P,05). Those measures would derogate from Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers (') and would lower the maximum level of 100 grams of cadmium per tonne of phosphorous (equivalent to 44 mg CdJkg P,0;) for which a derogation has already been granted to the Kingdom of Sweden. 1. Article 114(5) and (6) TFEU Article 114, paragraphs (5) and (6) TFEU provide: ‘5. ... if, after the adoption of a harmonisation measure by the European Parliament and the Council, by the Council or by the Commission, a Member State deems it necessary to introduce national provisions based on new scientific evidence relating to the protection of the environment or the working environment on grounds of a problem specific to that Member State arising after the adoption of the harmonisation measure, it shall notify the Commission of the envisaged provisions as well as the grounds for intro- ducing them. 6. The Commission shall, within six months of the notifications ... approve or reject the national provisions () O] L 304, 21.11.2003, p. 1. (3) involved after having verified whether or not they are a means of arbitrary discrimination or a disguised restriction on 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 ... 5 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. EU legislation 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 fertiliser’. Annex [ to Directive 76/116/EEC set out the type desig- nation and the corresponding requirements, e.g. with respect to its composition, that each fertiliser had to fulfil to be eligible for designation as ‘EC fertiliser. Type designations in this list were 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 complied with the provisions of the Directive. () O] L 24, 30.1.1976, p. 21, replaced by Regulation (EC) No 2003/2003. (>} Replaced by Article 5 of Regulation (EC) No 2003/2003.