What changed between the draft committee report and the plenary report

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 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.

Added: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 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.

Added: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 …

Changed:Recital 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.

Changed:Recital 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.

Added: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…

Added: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…

Added: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.

Added: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.

Changed:Article 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;

Removed:Article 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.

Added:Article 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;

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

Added:Regulation (EU) 2019/1009

Added:Article 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.’

Added:Regulation (EU) 2019/1009

Changed:Article 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.

Changed:Article 1 – paragraph 1 – point 4, Article 11c – paragraph 2: 2. UponAt requestthe byrequest theof 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 at least 10 yearsyears, from the moment the EU fertilising product iswas placed on the market;

Removed:Article 1 – paragraph 1 – point 5, Article 42 – paragraph 9 – point e a (new): (ea) take into account the provision of the information for a period of at least 10 years from the moment the EU fertilising product is placed on the market;

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

Changed:Article 1 – paragraph 1 – point 5, Article 42 – paragraph 10:9 10.– Thepoint Commissione isa empowered(new): to(ea) adopttake delegatedinto actsaccount inthe accordancerequirement within Articlethis 44Regulation to amend Annex III, as regardsprovide the labelling information which economic operators may provide on a digital labeluntil onlythe inexpiry accordancedate withof Articlethe 11a(3)EU pointfertilising (b),product, inor orderfor tothose adaptproducts that Annex to technical and scientific progress ordo tonot thehave levelan ofexpiry digitaldate, readinessfor amonga end-usersperiod of EU fertilising products. When adopting the10 delegatedyears acts,from the Commission shall take into accountmoment the need to ensure a high level of protectionEU offertilising humanproduct health,was safetyplaced andon the environment.;market;

Added:Regulation (EU) 2019/1009

Added:Article 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;

Added:Regulation (EU) 2019/1009

Added:Article 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;

Added:17.7.2023

Added:LETTER OF THE COMMITTEE ON AGRICULTURE AND RURAL DEVELOPMENT

Added:Ms Anna Cavazzini

Added:Chair