Changes from report parliamentary committee draft to plenary report

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

▸10 unchanged paragraphs

on the 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))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2023)0098),

– having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90030/2023),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the opinion of the European Economic and Social Committee of 14 June 2023,

– having regard to Rule 59 of its Rules of Procedure,

– having regard to the letter of the Committee on Agriculture and Rural Development,

Changed– having regard to the report of the Committee on the Internal Market and Consumer Protection (A90000/2023),(A9-0330/2023),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Change 1

ChangedRecital 2: (2) The form in which EU fertilising products are labelled in accordance with Regulation (EU) 2019/1009 should be adapted to technological and societal changes in the field of digitalisationdigitalisation, without compromising the quality and accessibility of theinformation aiming at better information provision, while taking account of the impacts on suchand labels.benefits for economic operators and end-users.

Change 2

RemovedRecital 4: (4) However, digital labelling can also create new challenges. One of those challenges is the risk that digital labelling will lead to the availability and quality of the information on labels being compromised. Another challenge is the possibility that digital labelling will create problems for the vulnerable population groups, in particular persons with no, or insufficient, digital skills or persons with disabilities, and thus accentuate the digital divide. Therefore, digital labelling should be introduced in Regulation (EU) 2019/1009, under certain conditions, taking into account the need to ensure a high level of protection of human health and the environment, and the digital readiness, without increasing costs excessively. It is also important to take into account the possibilities and skills of SMEs to digitalise the labels.

AddedRecital 3: (3) Providing information on a label in a digital form (‘digital label’) has clear benefits. Digital labelling can improve the communication of labelling information both by avoiding overcrowded physical labels and by allowing users to rely on various reading options available only for digital formats, such as increased font, automatic search, loud speakers or translation into other languages. In addition, digital labelling of EU fertilising products contributes to the ongoing progress with regard to the digital and green transformation of the European agricultural sector, reducing packaging waste and facilitating the reporting obligations of farmers regarding the use of such products. Digital labelling can also lead to a more efficient management of the labelling obligations by economic operators, by facilitating the update of labelling information and permitting a more targeted information to users. While the use of digital labels could overcome space limitations compared to physical labels by providing traceability information and could reduce fertiliser prices from lower labelling costs, nonetheless irrelevant or unnecessary information should be avoided, so as to ensure best quality of essential information for users. In addition, digital labelling can contribute to reducing labelling costs all along the supply chain, given that the labels of EU fertilising products may be changed following a transaction between economic operators, before reaching end-users,

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 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.

AddedRecital 4: (4) However, digital labelling can also create new challenges, one of which is the possibility that digital labelling will create problems for the vulnerable population groups, in particular persons with no, or insufficient, digital skills or access to digital devices needed to retrieve the digital labels, and for persons with disabilities, and preventing these groups from easily obtaining essential information, such as safety precautions, usage instructions or environmental impact, ultimately accentuating the digital divide. Therefore, digital labelling should be introduced in Regulation (EU) 2019/1009, under certain conditions and should be easily understandable and accessible to vulnerable groups and persons with disabilities, taking into account the need to ensure a high level of protection of human health and the environment, and the digital readiness, without increasing costs excessively. It is vital that user safety is not compromised in the process of making labelling more user-friendly through digital means and that the possibilities and skills of SMEs to digitalise the labels are taken into account.

RemovedRecital 8: (8) Physical labels remain the preferred way of obtaining information 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.

AddedRecital 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.

Change 3

ChangedRecital 9: (9) Where economic operators opt for digital labelling of EU6: fertilising(6) productsThe suppliedchoice to end-users in a packaging, they should therefore ensure thatprovide a minimum set of relevant information is also available on the physical label. Indigital thislabel contextlies andprimarily with regard to other rules specific to products made availablemanufacturers inand aimporters, packaging,who aare packagingresponsible shouldfor containfulfilling nothe morelabelling thanrequirements 1000set kgout in coherenceAnnex withIII Commissionto Regulation (EU) No 142/2011242019/1009, .ensuring Productsthey suppliedcan inmake ainformed packagingdecisions exceedingthat thisare limittailored shouldto betheir consideredproduct asrange beingand suppliedintended withoutcustomers. aNevertheless, packagingto formaximise the purposeuse of Regulation (EU) 2019/1009.digital Thislabels willand alsothereby addressimprove the challenges that vulnerable population groups may face. Thecommunication specificof information that economic operators should be allowed to provide only on a digitalusers, labeldistributors should thereforealso reflecthave the currentpossibility stateto ofdigitise the digitalisationlabel of the society and the particularEU situationfertilising ofproducts thethat usersthey ofmake EUavailable fertilisingon products.the Inmarket, orderbased toon enablethe allinformation end-usersalready toprovided makeby informedthe choicesmanufacturer. beforeThe buyinguse EUof fertilisingdigitalised productslabels andshould tobe ensureseen theas safepart handlingof anda usecollaborative ofapproach suchthat productsensures bya allconsistent groupsflow of end-users, labellingaccurate information concerningthroughout the protection of human health, safetysupply andchain. theThe environment,extent asof welldigital aslabelling minimumshould informationdepend on the agronomictwo efficiencyfactors: ofif the EU fertilising products andare onmade theiravailable contentto andeconomic use,operators shouldor alwaysto beend-users providedand onif the physical label. Regulation (EU) 2019/1009 should clearly indicateproducts whichare informationprovided maywith beor providedwithout onlya digitally.packaging.

Change 4

ChangedRecital 10:7: (10)(7) ForEconomic EUoperators fertilisingshould productsbe suppliedallowed withoutto packaging,provide all the economiclabelling operatorselements arereferred to providein theAnnex labellingIII elementsof inRegulation a(EU) leaflet.2019/1009 Thein leaflet,a contrarydigital tolabel physicalonly labels,for hasthe noEU physicalfertilising linkproducts tosupplied theto productother itselfeconomic andoperators, thereforewith doesor notwithout offera immediatepackaging. accessThe touse theof informationdigital relevantlabels toin thesuch productcases whencan handlingreduce it.waste Providingand the same labelling elementscosts in digitalthe formatsupply wouldchain. implyImporters anor adjustmentdistributors ofwill have the waypossibility theto informationaffix isa retrievedphysical whichlabel isto justifiedthe onceEU fertilising product directly in the risksofficial tolanguages usersneeded arefor properlytheir addressedspecific andsituation. mitigated.In Economicaddition, operatorslabelling shouldcosts thereforecan be allowedavoided toin providecase allof theblending, labellingpackaging elementsor referredre-packaging toof inEU Annexfertilising IIIproducts, ofsince Regulationthe (EU)products 2019/1009can inbe labelled with a digitalphysical label only foronce, thebefore EUreaching fertilisingend-users. As products are supplied withoutto packaging.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, so that the information is relevant.2019/1009.

Change 5

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 for a period of at least 10 years 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. 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 that takes into account the needs of vulnerable population groups, to further reduce the challenges such groups may face.

AddedRecital 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 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 for a period of at least 10 years from the moment the EU fertilising product is placed on the market.

AddedRecital 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 …

Change 6

ChangedRecital 17:10: (17)(10) .For InEU orderfertilising products supplied without packaging, the economic operators are to keepprovide Regulationthe (EU)labelling 2019/1009elements up-to-datein a leaflet to technicalsecure progress,that neweven scientificwithout evidencedirect andpackaging, theessential evolutioninformation ofis thestill digitalisationaccessible ofto the society,user, theincluding powerthose tolacking adoptbasic actsliteracy inskills. accordanceThe withleaflet, Articlecontrary 290to ofphysical thelabels, Treatyhas onno thephysical Functioninglink ofto the Europeanproduct Unionitself shouldand betherefore delegateddoes not offer immediate access to the Commissioninformation inrelevant respectto ofthe supplementingproduct thewhen requirementshandling forit, digitalbut labellingmust andserve amendingas Annexa IIIbridge withbetween regardthe toproduct whichand labellingthe elementsuser, economicensuring operatorsthat makingvital availabledetails onare thenot marketlost. EUProviding fertilisingthe productssame inlabelling aelements packagingin todigital end-usersformat maywould provideimply onan aadjustment digitalof labelthe only.way Itthe information is ofretrieved particularwhich importanceis thatjustified once the Commissionrisks carriesto outusers appropriateare consultationsproperly duringaddressed itsand preparatorymitigated. work,The includingdigital atformat expertshould level,be flexible, harmonised and thatupdated thosein consultationsreal-time, areensuring conductedthat inusers accordancecan withaccess the principlesmost laidcurrent downinformation. inEconomic theoperators Interinstitutionalshould Agreementtherefore ofbe 13allowed Aprilto 2016provide onall Betterthe Law-Making25.labelling Itelements isreferred alsoto in Annex III of particularRegulation importance(EU) that2019/1009 thein Commissiona takesdigital intolabel accountonly thefor viewsthe ofEU allfertilising stakeholdersproducts duringsupplied itswithout preparatorypackaging. work.Where Inthe particular,economic tooperators ensurechoose equalto participationprovide, in theaddition preparationto ofa delegateddigital acts,label, thea Europeanphysical Parliamentlabel, andthey theshould Councilbe receivefree allto documentsdecide atwhich thelabelling sameelements timeto asinclude Memberin States'that experts,physical andlabel, theirtaking expertsinto systematicallyaccount havethe accessneed to meetingsinclude ofa Commissionminimum expertset groupsof dealingrelevant withinformation, thein preparationaccordance ofwith delegatedRegulation acts.(EU) 2019/1009.

Change 7

ChangedRecital 19: (19) When deciding which11: labelling(11) elementsTo mayensure bea providedlevel onlyplaying digitallyfield byamong economic operators making available on the market EU fertilising products in a packaging to end-users, the Commission should take into accounton the level of digital readiness among users of EU fertilising productsmarket, and the need to keepprotect the useend-users of such products safe for human health and the environment, as well as the need to ensure availability of theproducts, digitalharmonised labelrequirements for a period of at least 10 years from the moment the EU fertilising productdigital islabelling placedshould onbe thelaid market.down.

Change 8

AddedRecital 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…

AddedRecital 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…

AddedRecital 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.

AddedRecital 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.

AddedRecital 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.

AddedRecital 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.

AddedRecital 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.

Regulation (EU) 2019/1009

Change 9

ChangedArticle 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;;device;

Regulation (EU) 2019/1009

Change 10

RemovedArticle 1 – paragraph 1 – point 4, Article 11b – paragraph 3 – subparagraph 1 – point e: (e) available for a period of at least 10 years from the moment the EU fertilising product is 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.

AddedArticle 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;

Regulation (EU) 2019/1009

Change 11

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

AddedRegulation (EU) 2019/1009

AddedArticle 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.’

AddedRegulation (EU) 2019/1009

AddedArticle 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;

AddedRegulation (EU) 2019/1009

AddedArticle 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.

AddedRegulation (EU) 2019/1009

AddedArticle 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;

AddedRegulation (EU) 2019/1009

AddedArticle 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;

AddedRegulation (EU) 2019/1009

AddedArticle 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.

AddedRegulation (EU) 2019/1009

Article 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.

Regulation (EU) 2019/1009

Change 12

ChangedArticle 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, accessibly and in a way that is easily understandable, that is accessible to vulnerable groups and persons with disabilities and that allows itthat data carrier to be processed automatically by digital devices.