Changes from plenary report to adopted text

RemovedRecital 5: (5) Economic operators should remain free to choose whether to provide a digital or physical label. This will ensure that they have the flexibility to opt for the rules most appropriate to their situation. It is particularly important not to create unjustified costs for small and medium-sized enterprises for which, given the reduced volumes or types of EU fertilising products, digital labelling might be challenging. It is also important to provide support in the form of guidance and training programmes in order to enable such enterprises to develop the adequate skills and capabilities to comply with this Regulation.

RemovedRecital 6: (6) The choice to provide a digital label lies primarily with manufacturers and importers, who are responsible for fulfilling the labelling requirements set out in Annex III to Regulation (EU) 2019/1009, ensuring they can make informed decisions that are tailored to their product range and intended customers. Nevertheless, to maximise the use of digital labels and thereby improve the communication of information to users, distributors should also have the possibility to digitise the label of EU fertilising products that they make available on the market, based on the information already provided by the manufacturer. The use of digitalised labels should be seen as part of a collaborative approach that ensures a consistent flow of accurate information throughout the supply chain. The extent of digital labelling should depend on two factors: if the EU fertilising products are made available to economic operators or to end-users and if the products are provided with or without a packaging.

RemovedRecital 7: (7) Economic operators should be allowed to provide all the labelling elements referred to in Annex III of Regulation (EU) 2019/1009 in a digital label only for the EU fertilising products supplied to other economic operators, with or without a packaging. The use of digital labels in such cases can reduce waste and the labelling costs in the supply chain. Importers or distributors will have the possibility to affix a physical label to the EU fertilising product directly in the official languages needed for their specific situation. In addition, labelling costs can be avoided in case of blending, packaging or re-packaging of EU fertilising products, since the products can be labelled with a physical label only once, before reaching end-users. As products are supplied to economic operators, the communication of information to end-users is not affected. Where the economic operators choose to provide, in addition to a digital label, a physical label, they should be free to decide which labelling elements to include in that physical label in accordance with Regulation (EU) 2019/1009.

RemovedRecital 8: (8) Physical labels remain a preferred way of obtaining key information about safety and use of EU fertilising products for end-users as by being affixed to packaging such physical labels offer immediate reliable access to information. In addition, the vast majority of EU fertilising products available on the market are used by professional users, such as farmers and agricultural contractors. While professional users are well accustomed with fertilising products and often rely on consultancy for their fertilisation plans, they tend to belong to more advanced age groups, with more reduced digital skills and might encounter difficulties when accessing the digital labels. In addition, less developed rural regions might face fluctuating access to internet in the field or on the farm.

RemovedRecital 9: (9) Where economic operators opt for digital labelling of EU fertilising products supplied to end-users in a packaging, they should therefore ensure that a minimum set of key information about safety and use of the product is also available on the physical label. In this context and with regard to other rules specific to products made available in a packaging, a packaging should contain no more than 1000 kg in coherence with Commission Regulation (EU) No 142/201124 to ensure that larger quantities, typically used in industrial settings, are treated differently from consumer-oriented packages. Products supplied in a packaging exceeding this limit should be considered as being supplied without a packaging for the purpose of Regulation (EU) 2019/1009. This will also address the challenges that vulnerable population groups may face. The specific information that economic operators should be allowed to provide only on a digital label should therefore reflect the current state of the digitalisation of the society and the particular situation of the users of EU fertilising products and acknowledging the diverse user base is crucial. In order to enable all end-users to make informed choices before buying EU fertilising products and to ensure the safe handling and use of such products by all groups of end-users, labelling information concerning safety, the protection of human and animal health and the environment and the impact of the fertiliser, including its production process,, as …

RemovedRecital 10: (10) For EU fertilising products supplied without packaging, the economic operators are to provide the labelling elements in a leaflet to secure that even without direct packaging, essential information is still accessible to the user, including those lacking basic literacy skills. The leaflet, contrary to physical labels, has no physical link to the product itself and therefore does not offer immediate access to the information relevant to the product when handling it, but must serve as a bridge between the product and the user, ensuring that vital details are not lost. Providing the same labelling elements in digital format would imply an adjustment of the way the information is retrieved which is justified once the risks to users are properly addressed and mitigated. The digital format should be flexible, harmonised and updated in real-time, ensuring that users can access the most current information. Economic operators should therefore be allowed to provide all the labelling elements referred to in Annex III of Regulation (EU) 2019/1009 in a digital label only for the EU fertilising products supplied without packaging. Where the economic operators choose to provide, in addition to a digital label, a physical label, they should be free to decide which labelling elements to include in that physical label, taking into account the need to include a minimum set of relevant information, in accordance with Regulation (EU) 2019/1009.

RemovedRecital 11: (11) To ensure a level playing field among economic operators making available EU fertilising products on the market, and to protect the end-users of such products, harmonised requirements for digital labelling should be laid down.

RemovedRecital 12: (12) In order to ensure that users receive all the labelling elements on the digital label and will not need to compile the information both from a physical and a digital label, economic operators using a digital label should be required to include all such labelling elements in that label, even if they are also included on the physical label to ensure a one-stop source for all necessary information. The digital label should also contain information allowing end-users to identify and contact the manufacturer of the EU fertilising products and, where appropriate, the importer and the responsible person in the Union as defined in Regulation (EU) 2023/988, as this is an essential information since it is necessary to have a direct communication line to enhance trust and transparency and providing it digitally will facilitate the link between the product and the digital label as well as between the manufacturer and the end-user. In addition, given that fertilising products are also placed on the market as non-harmonised products, it is crucial to include on the digital label the CE-mark and any corresponding reference to a notified body, so that end-users can deduce only from using the digital label that the product is marketed in accordance with Regulation (EU) 2019/1009. However, to facilitate the update of certain information to be provided by the manufacturers, which changes frequently and is not used on a daily basis by end-users (specifically, the batch number and the produc…

RemovedRecital 13: (13) Since digital labels, similarly to physical labels, are a means of providing mandatory information on EU fertilising products to users, economic operators should ensure free access to digital labels until the expiry date of the EU fertilising product, or for a period of 10 years for those products that do not have an expiry date, from the moment the EU fertilising product is placed on the market. In addition, and in order to improve the chances that users will in practice retrieve the information, the information provided on the digital label should be easily accessible to end-users in the Union through widely used digital technologies compatible with all major operating systems and browsers, and ensuring that access to the label does not require any password, registration, nor any specific application and taking into account the needs of vulnerable groups. Economic operators should not mix the information required by Regulation (EU) 2019/1009 with other information not requested by Regulation (EU) 2019/1009, such as marketing or commercial statements. Digital space has no space limitations typical for physical labels affixed to the packaging. It is therefore important to keep the labelling elements provided in accordance with Regulation (EU) 2019/1009 concentrated in one place, so that they are not difficult to find among various other information which economic operators might provide. Economic operators should also ensure that digital labels are presented in a way tha…

RemovedRecital 14: (14) Taking into account both the interest of users to have access to information about EU fertilising products with a relatively long shelf life and the interest of economic operators to avoid unnecessary costs, economic operators should ensure that the digital label is available until the expiry date of the EU fertilising product, or, if the EU fertilising product does not have an expiry date, for a period of 10 years from the moment that EU fertilising product is placed on the market.

RemovedRecital 16: (16) The requirements for the technical documentation set out in Annex IV to Regulation (EU) 2019/1009 should be adjusted to take into account the introduction of digital labels. Given the evolving nature of digital platforms and the need for consistent accessibility, these adjustments should be periodically reviewed. In addition, taking into account the possibility to provide only a digital label for EU fertilising products made available to blenders, to facilitate market surveillance, the technical documentation of fertilising products blends should include a specimen of the information provided under Annex III to Regulation (EU) 2019/1009 on the component EU fertilising products to ensure that all stakeholders, ranging all the way from manufacturers to end-users lacking basic literacy, numeracy and digital skills, have a clear understanding of the product's components and their respective origins.

RemovedRecital 17: (17) In order to keep Regulation (EU) 2019/1009 up-to-date to technical progress, new scientific evidence and the evolution of the digitalisation of the society, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of supplementing the requirements for digital labelling and amending Annex III with regard to which labelling elements economic operators making available on the market EU fertilising products in a packaging to end-users may provide on a digital label only. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations are conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making25. It is also of particular importance that the Commission takes into account the views of all stakeholders during its preparatory work. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

RemovedRecital 18: (18) When setting out more detailed rules for digital labelling, the Commission should pay particular attention to other Union rules on the provision of information about products or substances and mixtures in a digital format. It should be possible to access all the information requested by various Union rules in one digital space, so that the users have easy access to all the information needed. Ensuring a harmonised approach across different sectors will simplify the user experience and encourage trust in digital information sources. Furthermore, integrating those digital platforms would provide a more comprehensive and user-friendly interface, promoting consumer transparency and informed decision-making.

RemovedRecital 19: (19) When deciding which labelling elements may be provided only digitally by economic operators making available on the market EU fertilising products in a packaging to end-users, the Commission should take into account the level of digital readiness among users of EU fertilising products and the need to keep the use of such products safe for human and animal health and the environment, as well as the need to ensure availability of the digital label until the expiry date of the EU fertilising product, and, for those products that do not have an expiry date, for a period of 10 years from the moment the EU fertilising product is placed on the market. Additionally, consideration should be given to the evolving digital landscape, ensuring that as technology advances, digital labelling remains accessible and user-friendly. It is crucial to continuously assess the feedback from end-user and stakeholders to ensure that the digital labelling system meets their needs and addresses any emerging concerns.

RemovedRegulation (EU) 2019/1009

RemovedArticle 1 – paragraph 1 – point 1 – point b, Article 2 – paragraph 1 – point 16a: (16a) “data carrier” means a linear bar code symbol, a two-dimensional symbol or other externally visible automatic identification data capture medium that can be read by a device;

RemovedRegulation (EU) 2019/1009

RemovedArticle 1 – paragraph 1 – point 2 – point c, Article 6 – paragraph 7 – point a: (a) in a language and a format which can be easily understood by end-users, and in particular persons with disabilities, to be determined by the Member State concerned;

RemovedRegulation (EU) 2019/1009

RemovedArticle 1 – paragraph 1 – point 2 – point c, Article 6 – paragraph 7 – point b: (b) clear, understandable, accurate, intelligible and prominently placed on the packaging;

RemovedRegulation (EU) 2019/1009

RemovedArticle 1 – paragraph 1 – point 2 – point c a (new), Article 6a new: (ca) The following Article 6a is inserted: / ‘In line with relevant requirements set out in Article 6(5), (6) and (7), and Articles 11a, 11b and 11c, the economic operator may provide information required according to Article 31 of Regulation (EU) 1907/2006 in digital form on the packaging or the accompanying document, or both, to meet the information requirements.’

RemovedRegulation (EU) 2019/1009

RemovedArticle 1 – paragraph 1 – point 3, Article 8 – paragraph 4 – point a: (a) in a language and a format which can be easily understood by end-users, and in particular persons with disabilities, to be determined by the Member State concerned;

RemovedRegulation (EU) 2019/1009

RemovedArticle 1 – paragraph 1 – point 4, Article 11b – paragraph 1 a (new): 1a. The digital label may include recommendations and best practices for the use of the EU fertilising product.

RemovedRegulation (EU) 2019/1009

RemovedArticle 1 – paragraph 1 – point 4, Article 11b – paragraph 3 – subparagraph 1 – point b: (b) easily and directly accessible through all major operating systems and browsers, without a need to register in advance, to download or install applications or to provide a password; accessible to all potential users in the Union;

RemovedRegulation (EU) 2019/1009

RemovedArticle 1 – paragraph 1 – point 4, Article 11b – paragraph 3 – subparagraph 1 – point d: (d) presented in a way that also addresses the needs of vulnerable groups and supports, as relevant, the necessary adaptations to facilitate access by those groups, in particular those made up of persons with disabilities;

RemovedRegulation (EU) 2019/1009

RemovedArticle 1 – paragraph 1 – point 4, Article 11b – paragraph 3 – subparagraph 1 – point e: (e) available until the expiry date of the EU fertilising product, or, if the EU fertilising product does not have an expiry date, for a period of 10 years from the moment that EU fertilising product was placed on the market, including in case of an insolvency, a liquidation or a cessation of activity in the Union of the economic operator that created it.

RemovedRegulation (EU) 2019/1009

RemovedArticle 1 – paragraph 1 – point 4, Article 11b – paragraph 3 – subparagraph 2: Where the digital label is available in more than one language, the choice of languages shall not be dependent on the geographical location only.

RemovedRegulation (EU) 2019/1009

RemovedArticle 1 – paragraph 1 – point 4, Article 11b – paragraph 4: 4. A data carrier used for a digital label shall be printed or placed physically on the packaging or, where the EU fertilising products are made available on the market without a packaging, on the accompanying document or leaflet, visibly, legibly, and in a way that is easily understandable, that is accessible to vulnerable groups and persons with disabilities and that allows that data carrier to be processed automatically by digital devices.

RemovedRegulation (EU) 2019/1009

RemovedArticle 1 – paragraph 1 – point 4, Article 11c – paragraph 2: 2. At the request of end-users, or without such request where the digital label is temporarily unavailable at the time of purchase, economic operators making available on the market EU fertilising products to such end-users shall provide the information included on the digital label, by alternative means and free of charge until the expiry date of the EU fertilising product, or, for those products that do not have an expiry date, for a period of 10 years, from the moment the EU fertilising product was placed on the market;

RemovedRegulation (EU) 2019/1009

RemovedArticle 1 – paragraph 1 – point 5, Article 42 – paragraph 9 – point b: (b) encourage innovation and the use of state-of-the-art technology;

RemovedRegulation (EU) 2019/1009

RemovedArticle 1 – paragraph 1 – point 5, Article 42 – paragraph 9 – point e a (new): (ea) take into account the requirement in this Regulation to provide the information until the expiry date of the EU fertilising product, or for those products that do not have an expiry date, for a period of 10 years from the moment the EU fertilising product was placed on the market;

RemovedRegulation (EU) 2019/1009

RemovedArticle 1 – paragraph 1 – point 5, Article 42 – paragraph 9 – point e b (new): (eb) take into consideration the enhancement of the free movement of goods in the internal market;

RemovedRegulation (EU) 2019/1009

RemovedArticle 1 – paragraph 1 – point 5, Article 42 – paragraph 9 – point e c (new): (ec) take into consideration the needs and the capacity of SMEs to comply with such requirements;

RemovedRegulation (EU) 2019/1009

RemovedArticle 1 – paragraph 1 – point 5, Article 42 – paragraph 10: 10. The Commission is empowered to adopt delegated acts in accordance with Article 44 to amend Annex III, as regards the labelling information which economic operators choose to provide on a digital label only in accordance with the derogation in Article 11a(3), second subparagraph, in order to adapt that Annex to technical and scientific progress or to the level of digital readiness among end-users of EU fertilising products. When adopting those delegated acts, the Commission shall take into account the need to ensure a high level of protection of safety, human and animal health and the environment.’;

RemovedRegulation (EU) 2019/1009

RemovedArticle 1 – paragraph 1 – point 5, Article 42 – paragraph 10 a (new): 10a. By ... [5 years from the entry into force of this Regulation ], the Commission shall carry out an evaluation of this Regulation and in particular assess: / - its impact on the proper functioning of the internal market, the level of consumer protection and its impact on businesses, particularly on micro, small and medium-sized enterprises; / - the impact of Article 11a and in particular the extent to which economic operators opted for the use of a digital instead of a physical label. / The Commission shall draw up a report on the main findings and submit it to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions. Member States shall provide the Commission with the information necessary for the preparation of that report. / The report shall be accompanied, where appropriate, by a legislative proposal.

RemovedOn 27 February 2023, the European Commission proposed a regulation amending Regulation (EU) 2019/1009 as regards the digital labelling of EU fertilising products which introduces labelling requirements which reflect the social demands and concerns, and highlights the fact that the EU market has opened for products that are innovative, but which require better consumer information. However, overloaded labels can be both difficult to read by consumers and difficult to manage for economic operators. Therefore, the aim of the proposal is to make the readability of labels easier and to facilitate the way the economic operators manage the labels.

RemovedIn an era of rapid technological developments, the EU is embracing the digital labelling of EU fertilising products, an essential component of the agricultural industry. The new proposal is laying down rules for the voluntary digitisation of labels by the economic operators. This aims to modernise the way fertilisers are labelled, tracked, and managed, bringing numerous benefits to farmers, manufacturers, and consumers alike.

RemovedBy digitizing fertilising products labels, the EU seeks to enhance accessibility and transparency for the economic operators and consumers. Digital labels can enable easy access to crucial information about fertilising products, such as their composition, recommended usage, health and safety precautions. This empowers economic operators and consumers with accurate and up-to-date information, enabling them to make informed decisions about fertilising products selection and application methods. Moreover, digital labels should provide the economic operator and consumers the possibility to track the origin, production process of fertilising products, ensuring compliance with safety and quality standards.

RemovedThe digitization of fertilising products labels can simplify regulatory compliance for economic operators. Digital labels allow for rapid and efficient updates to align with evolving regulations and standards, eliminating the need for manual label changes which might be costly. Moreover, digital systems can facilitate information sharing and collaboration between regulatory bodies, manufacturers, and other stakeholders, promoting harmonization and consistency across the EU.

RemovedHowever, the rapporteur believes that the access to digital labels for EU fertilizing products can pose challenges for vulnerable populations. These populations, which may include individuals with limited digital literacy, low-income communities, or those with disabilities, often face barriers that hinder their ability to access important information.

RemovedDigital labels for fertilizing products are typically made available online, requiring internet access and digital devices. However, vulnerable populations may have limited or no access to the internet or may lack the necessary devices to browse online content. This limitation prevents them from easily obtaining the information they need about fertilizing products, such as usage instructions, safety precautions, or environmental impact.

RemovedAdditionally, websites or online platforms may not be designed with proper accessibility features, making it difficult for individuals with visual, hearing or motor disabilities to access the information effectively. To address these access and difficulty issues, efforts should be made to ensure that digital labels are accessible, user-friendly, and available in multiple formats to accommodate diverse populations.

RemovedWhen establishing the rules for the digital labelling of EU fertilizing products, it is also important to take into account the digitization capabilities of SMEs and to offer them training in this regard, if necessary.

RemovedMoreover, the rapporteur is of the opinion that since digital labels, similarly to physical labels, are meant to provide mandatory information on EU fertilising products, the economic operators should ensure free access to digital labels for a period of at least 10 years from the moment the EU fertilising product is placed on the market.

RemovedIt is essential that where economic operators chose the digital labelling of EU fertilising products supplied to consumers in a packaging, they should therefore ensure that a minimum set of relevant information is also available on the physical label. It is also important that the digital label do not excessively increase the cost of products.

RemovedAs regards the Commission power to supplement the requirements for digital labelling and amending Annex III with regard to which labelling elements economic operators making available on the market EU fertilising products in a packaging to end-users may provide on a digital label only, it is essential that the Commission carries out appropriate consultations and takes into account the views of all stakeholders.

RemovedAll in all, the digitization of labels for EU fertilising products marks a significant milestone in the agricultural industry's transformation and for the single market. This approach fosters accessibility, transparency, and sustainability while enabling data-driven decision making and simplifying regulatory compliance. As the EU embraces the digital revolution, the digitisation of fertilising products labels represents a promising step towards a more efficient, environmentally conscious, and technologically advanced agricultural sector and single market. By leveraging the power of digital innovation, the EU is paving the way for a future where fertilising products are used responsibly, in an efficient and safe manner and that crop yields are optimized.

Removed17.7.2023

RemovedLETTER OF THE COMMITTEE ON AGRICULTURE AND RURAL DEVELOPMENT

RemovedMs Anna Cavazzini

RemovedChair

RemovedCommittee on the Internal Market and Consumer Protection

RemovedBRUSSELS

RemovedSubject: Opinion on the Commission proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) 2019/1009 as regards the digital labelling of EU fertilising products (COM(2023)0098 – C90030/2023 – 2023/0049(COD))

RemovedDear Madam Chair,

RemovedThe Committee on Agriculture and Rural development has been authorised to draw up an opinion to your committee, under Rule 56, on the Commission proposal for a Regulation amending Regulation (EU) 2019/1009 as regards the digital labelling of EU fertilising products (COM(2023)0098 - 2023/0049(COD)).

RemovedThe AGRI committee has decided to submit its opinion in the form of a letter and nominated its Member Dan-Ştefan Motreanu as rapporteur. His draft opinion was discussed and agreed with the AGRI Shadow rapporteurs, and was put to the vote and adopted during the AGRI committee meeting of 30. I was tasked to forward this opinion to you with the present letter.

RemovedThe rapporteur wishes to highlight the points below:

RemovedFertilising products are indispensable for food security, for safeguarding the income of farmers and for ensuring the agricultural productivity objective of our CAP, enshrined in TFEU (Article 39). Information relating to the use, safety and agronomic efficiency of fertilising products is vital for reaching these targets. While Regulation (EU) 2019/1009 substantially modified labelling requirements for fertilising products, it lead, in certain situations, to lables that are costly to produce and overloaded with non-essential information.

RemovedThe AGRI Committee welcomes the Commission´s proposal to establish voluntary digital labelling requirements when placing on the market fertilising products to economic operators or end-users (Article 11a) and calls on the IMCO committee to maintain these provisions together with the definition for packaging (Article 2). The possibility of having a digital label contributes to the digital and green transformation in Europe, reduces packaging waste and could lead to a reduction in fertiliser prices, which would benefit farmers.

RemovedThe AGRI committee calls on the IMCO committee to keep the reference to “end-users” as proposed by the Commission. Introducing a distinction between professional and non-professional end-user categories to extend the scope of digital labelling would be counterproductive as:

Removed- farmers tend to belong to more advanced age groups, with lower digital skills ,.

Removed- rural areas, and in particular remote and less developed rural regions, can experience significant digital connectivity challenges.

Removed- farmers may face fluctuating signal in the field/on the farm, power outage, discharged battery, equipment malfunctioning or other technical difficulties.

RemovedBy maintaing the provisions laid out in Article 11a together with the derogations referenced in Annex III of the proposal, it will be ensured that farmers will have access to the basic information of the purchased products anywhere and at any time.

RemovedThe AGRI committee welcomes the requirements proposed for digital labels (Article 11b), but considers that these can be improved by ensuring that the digital information shall be easily and freely accessible to users in the Union through widely used digital technologies compatible with all major operating systems and browsers, as well as by ensuring that access to the label does not require any password, registration, nor any specific application and taking into account the needs of vulnerable groups.

RemovedAdditionally, paragraph 3, point e) should be amended to set the availability of the digital label at minimum of 5 years from the moment the EU fertilising product is placed on the market, but preferably, until the expiry date of that product.

RemovedIn order to ensure the optimised use of fertilising products, the AGRI committee advocates for the introduction of provisions concerning voluntary additional recommendations via the digital labels, providing advice for different crops, examples of best practices to prevent nutrient loss, or stressing the opportunities of digital solutions such as FaST for soil mapping.

RemovedThe AGRI committee would be grateful if the IMCO committee could take into account the above considerations in view of the adoption of its report on the Commission proposal in question.

RemovedYours sincerely,

RemovedNorbert Lins