Changes between two versions

What changed between the plenary report and the adopted text

From · plenary report· 3 Nov 2023

A-9-2023-0330

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

To · adopted text· 12 Mar 2024

TA-9-2024-0133

Amending Regulation (EU) 2019/1009 as regards the digital labelling of EU fertilising products

These two texts have too little in common to compare paragraph by paragraph: they are different documents rather than versions of one (for example one group’s motion and the joint text that was adopted).

+8 added · −92 removed · 1 changed paragraphs, packaging included.

Part 1 of 4: DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

Removed:~~DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION~~

Added:P9_TA(2024)0133

Changed:~~on the proposal for a regulation of the European Parliament and of the Council amending~~Amending Regulation (EU) 2019/1009 as regards the digital labelling of EU fertilising products

Removed:~~(COM(2023)0098 – C90030/2023 – 2023/0049(COD))~~

Added:Committee on the Internal Market and Consumer Protection

Added:PE749.998

Added:European Parliament legislative resolution of 12 March 2024 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 – C9-0030/2023 – 2023/0049(COD))

6 unchanged paragraphs

(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,

Added:– having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 7 February 2024 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

6 unchanged paragraphs

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

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

– having regard to the report of the Committee on the Internal Market and Consumer Protection (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

Removed:Recital 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 digitalisation, without compromising the quality and accessibility of information aiming at better information provision, while taking account of the impacts on and benefits for economic operators and end-users.

Added:P9_TC1-COD(2023)0049

Removed:Recital 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,

Added:Position of the European Parliament adopted at first reading on 12 March 2024 with a view to the adoption of Regulation (EU) 2024/… of the European Parliament and of the Council amending Regulation (EU) 2019/1009 as regards the digital labelling of EU fertilising products

Removed:Recital 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.

Added:(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2024/2516.)

Removed:Recital 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.

Removed:Recital 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.

Removed:Recital 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.

Removed:Recital 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.

Removed:Recital 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 …

Removed:Recital 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.

Removed:Recital 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.

Removed:Recital 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…

Removed:Recital 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…

Removed:Recital 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.

Removed:Recital 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.

Removed:Recital 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.

Removed:Recital 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.

Removed:Recital 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.