Sittings · Document

DRAFT REPORT (COM(2023)0098 – C90030/2023 – 2023/0049(COD)) 2023-06-19

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

Committee on the Internal Market and Consumer Protection · Rapporteur: Maria Grapini

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DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

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)

– 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,

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

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.

Amendment 1

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(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.

(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 the information on such labels.

Or. en

Amendment 2

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4) However, digital labelling can also create new challenges 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.

(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.

Or. en

Amendment 3

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 4

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8) Physical labels remain the preferred way of obtaining information for end-users as by being affixed to packaging such physical labels offer immediate access to information. In addition, the vast majority of EU fertilising products available on the market are used by professional users, such as farmers. 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.

(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.

Or. en

Amendment 5

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(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 information 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 . 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. 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 the protection of human health and the environment, as well as minimum information on the agronomic efficiency of the EU fertilising products and on their content and use, should always be provided on the physical label. Regulation (EU) 2019/1009 should clearly indicate which information may be provided only digitally.

(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 relevant information 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 . 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. 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 the protection of human health, safety and the environment, as well as minimum information on the agronomic efficiency of the EU fertilising products and on their content and use, should always be provided on the physical label. Regulation (EU) 2019/1009 should clearly indicate which information may be provided only digitally.

__________________

24 Commission Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive, OJ L 54, 26.2.2011, p. 1.

Or. en

Amendment 6

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(10) For EU fertilising products supplied without packaging, the economic operators are to provide the labelling elements in a leaflet. 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. Providing the same labelling elements in digital format would imply an adjustment of the way the information is retrieved without creating significant risks to users. 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.

(10) For EU fertilising products supplied without packaging, the economic operators are to provide the labelling elements in a leaflet. 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. 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. 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 in accordance with Regulation (EU) 2019/1009, so that the information is relevant.

Or. en

Amendment 7

Proposal for a regulation

Recital 13

Text proposed by the Commission

Amendment

(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. 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.

(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.

Or. en

Amendment 8

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(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 5 years from the moment the EU fertilising product is placed on the market.

(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.

Or. en

Amendment 9

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(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 . 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.

(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.

__________________

25 OJ L 123, 12.5.2016, p. 1.

Or. en

Amendment 10

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

(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 health and the environment, as well as the need to ensure availability of the digital label for a period of at least 10 years from the moment the EU fertilising product is placed on the market.

Or. en

Amendment 11

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point b

Regulation (EU) 2019/1009

Article 2 – paragraph 1 – point 16a

Text proposed by the Commission

Amendment

(16a) “data carrier” means a linear bar code symbol, a two-dimensional symbol or other automatic identification data capture medium that can be read by a device;;

(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;;

Or. en

Amendment 12

Proposal for a regulation

Article 1 – paragraph 1 – point 4

Regulation (EU) 2019/1009

Article 11b – paragraph 3 – subparagraph 1 – point e

Text proposed by the Commission

Amendment

(e) available for a period of 5 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.

(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.

Or. en

Amendment 13

Proposal for a regulation

Article 1 – paragraph 1 – point 4

Regulation (EU) 2019/1009

Article 11b – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

Where the digital label is available in more than one language, the choice of languages shall not be dependent on the geographical location.

Where the digital label is available in more than one language, the choice of languages shall not be dependent on the geographical location only.

Or. en

Amendment 14

Proposal for a regulation

Article 1 – paragraph 1 – point 4

Regulation (EU) 2019/1009

Article 11b – paragraph 4

Text proposed by the Commission

Amendment

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 allows it to be processed automatically by digital devices.

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 allows it to be processed automatically by digital devices.

Or. en

Amendment 15

Proposal for a regulation

Article 1 – paragraph 1 – point 4

Regulation (EU) 2019/1009

Article 11c – paragraph 2

Text proposed by the Commission

Amendment

2. Upon request by the 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.;

Or. en

Amendment 16

Proposal for a regulation

Article 1 – paragraph 1 – point 5

Regulation (EU) 2019/1009

Article 42 – paragraph 9 – point e a (new)

Text proposed by the Commission

Amendment

(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;

Or. en

Amendment 17

Proposal for a regulation

Article 1 – paragraph 1 – point 5

Regulation (EU) 2019/1009

Article 42 – paragraph 10

Text proposed by the Commission

Amendment

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 may provide on a digital label only in accordance with Article 11a(3) point (b), 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 the delegated acts, the Commission shall take into account the need to ensure a high level of protection of human health and the environment.;

Or. en

EXPLANATORY STATEMENT

On 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.

In 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.

By 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.

The 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.

However, 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.

Digital 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.

Additionally, 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.

When 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.

Moreover, 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.

It 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.

As 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.

All 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.