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
A-9-2023-0330
Committee on the Internal Market and Consumer Protection · Rapporteur: Maria Grapini
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Parliament's amended version of the Commission proposal to amend Regulation (EU) 2019/1009 on digital labelling of EU fertilising products. It keeps digital labels voluntary, requires a minimum set of safety and use information on physical labels for packaged products sold to end-users, and sets accessibility and availability rules.¶¶¶ Digital labels must be free, accessible without registration or apps, available until the product's expiry date or for 10 years, and must not mix in marketing information. Economic operators must provide the information by alternative means free of charge on request.¶¶¶ The Commission may adopt delegated acts on digital labelling and must review the regulation after 5 years, assessing its impact on the internal market, consumer protection and businesses, especially micro, small and medium-sized enterprises.¶¶¶
Committee position. The committee proposes to amend the Commission proposal to keep digital labelling voluntary, require a minimum set of safety and use information on physical labels for packaged products sold to end-users, ensure digital labels are accessible and available for 10 years, and add a review clause after 5 years.¶¶¶
Key points
- Economic operators remain free to choose whether to provide a digital or physical label, and distributors may digitise labels based on manufacturer information.¶¶
- All Annex III labelling elements may be provided digitally only for products supplied to other economic operators, with or without packaging.¶
- For packaged products supplied to end-users, a minimum set of key safety and use information must also appear on the physical label; packaging means no more than 1000 kg.¶
- For products supplied without packaging, all Annex III elements may be provided digitally only, with a leaflet required.¶
- Harmonised requirements for digital labelling are laid down to ensure a level playing field and protect end-users.¶
- Digital labels must contain all labelling elements, contact details of the manufacturer and, where appropriate, the importer and responsible person, plus the CE mark and notified body reference.¶
- Digital labels must be free to access until the product's expiry date or for 10 years, easily accessible through widely used technologies, and must not mix in marketing information.¶¶
- Technical documentation for fertilising product blends must include a specimen of the Annex III information on component products.¶
- The Commission may adopt delegated acts to supplement digital labelling requirements and amend Annex III, after consulting stakeholders.¶¶
- The Commission must assess access to all information from various Union rules in one digital space and ensure a harmonised approach across sectors.¶
- The Commission must consider digital readiness, safety for human and animal health and the environment, and the 10-year availability when deciding which elements may be digital-only.¶
- The Commission must evaluate the regulation after 5 years, assessing its impact on the internal market, consumer protection and businesses, especially micro, small and medium-sized enterprises, and report to Parliament and the Council.¶
Who is affected
- Economic operators making EU fertilising products available on the market, who must comply with labelling and accessibility rules.¶¶¶
- End-users, including vulnerable groups and persons with disabilities, who must be able to access digital labels and key safety information.¶¶¶
- Small and medium-sized enterprises, which must be supported with guidance and training and whose capacity must be considered.¶¶
- Farmers and professional users, who may face digital access difficulties and must retain access to basic product information.¶
Figures and deadlines
- Packaging should contain no more than 1000 kg.¶
- Digital label availability: until the expiry date, or for a period of 10 years from placing on the market.¶¶
- Alternative means of providing information free of charge until the expiry date, or for a period of 10 years.¶
- Commission evaluation after 5 years from entry into force.¶
Legal basis: Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union.¶