[ParlTrack]

Proposal for a regulation
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, while taking into account the impact and benefits for economic operators and users.

2023/09/06
Committee: IMCO

Antonius MANDERS, Andreas SCHWAB

Proposal for a regulation
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, without having as a consequence that irrelevant and unnecessary information is provided digitally, 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 digitalisation of the European agricultural sector and can facilitate 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, thereby ensuring an overall better quality of 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,

2023/09/06
Committee: IMCO

Antonius MANDERS, Andreas SCHWAB

Proposal for a regulation
Recital 4

(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. It is vital that user safety is not compromised in the process of making labelling more user-friendly through digital means.

2023/09/06
Committee: IMCO

Antonius MANDERS, Andreas SCHWAB

Proposal for a regulation
Recital 7

~~(7)~~ Economic operators should be ~~(7)~~ 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.

2023/09/06
Committee: IMCO

Antonius MANDERS, Andreas SCHWAB

Proposal for a regulation
Recital 8

(8) Physical labels remain ~~the preferred~~a 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 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. In this exceptional case, the products can, on request by the end-user, be accompanied by a physical label. It should be considered as part of a review whether digital labelling only options can be introduced at a later stage for EU fertilising products supplied to end-users.

2023/09/06
Committee: IMCO

Antonius MANDERS, Andreas SCHWAB

Proposal for a regulation
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 . 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. _________________ 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.

2023/09/06
Committee: IMCO

Antonius MANDERS, Andreas SCHWAB

Proposal for a regulation
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.

2023/09/06
Committee: IMCO

Antonius MANDERS, Andreas SCHWAB

Proposal for a regulation
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. 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, through widely used digital technologies compatible with all major operating systems and browsers. 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. Economic operators are also encouraged to provide additional voluntary recommendations through the digital label regarding the optimal use and best practice for the fertilising product.

2023/09/06
Committee: IMCO

Antonius MANDERS, Andreas SCHWAB

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c

Regulation (EU) 2019/1009
Article 6 – paragraph 7 – point (b)

(b) clear, understandable ~~and~~, intelligible and prominently placed on the packaging;

2023/09/06
Committee: IMCO

Antonius MANDERS, Andreas SCHWAB