Activities of Catharina RINZEMA related to 2023/0049(COD)
Shadow reports (1)
REPORT 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
Amendments (14)
Amendment 26 #
Proposal for a regulation
Recital 6
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 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, through a collaborative approach that will provide 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.
Amendment 30 #
Proposal for a regulation
Recital 8
Recital 8
(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 and agricultural contractors. While professional users are well accustomed with fertilising products and often relysometimes make use onf consultancy for their fertilisation plans, they tend to belong to more advanced age groups, with more reduced digital skillssome professional users may have reduced digital skills for a multitude of reasons. In addition, less developed rural regions may face fluctuating access to internet in the field or on the farm.
Amendment 31 #
Proposal for a regulation
Recital 9
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 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 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, recognizing the diverse user base, from computer literate individuals to those less familiar with digital platforms and lacking basic literacy and numeracy skills, 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 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. 1A dual approach to digital and physical labeling ensures that while we move towards a more digital future, we do not leave behind those who rely on traditional means of information. Regulation (EU) 2019/1009 should clearly indicate which information may be provided only digitally.
Amendment 34 #
Proposal for a regulation
Recital 10
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 without creating significant risks to users. The digital format should be flexible 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.
Amendment 38 #
Proposal for a regulation
Recital 12
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, as this is an essential piece of information and providing it digitally will facilitate the link between the product and the digital labelsince it is necessary to have a direct communication line to enhance trust and transparency 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 importantcrucial 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 (more precisespecifically, the batch number and the production date), the manufacturers should have the choiceoption to provide the information either physically or digitally based on flexibility that should lead to more prompt and accurate updates, benefiting both manufacturers and end-users.
Amendment 40 #
Proposal for a regulation
Recital 13
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. 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. At the same time, the fact that digital labels do not have space limitations also provides an opportunity to provide additional information regarding the use of the EU fertilising product, such as recommendations and best practises to limit nutrient losses. Economic operators should therefore have the possibility to provide this information in the digital label.
Amendment 42 #
Proposal for a regulation
Recital 14
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 aat least until the expiry date of the EU fertilising product, and for a minimum period of 510 years from the moment that the EU fertilising product is placed on the market.
Amendment 44 #
Proposal for a regulation
Recital 15
Recital 15
(15) In order to reduce any potential risks caused by the unavailability of the digital label to vulnerable population groups, in particular as regards EU fertilising products supplied without packaging to end-users, where all the labelling elements may be provided digitally, economic operators should be responsible for providing the labelling elements by alternative means to end-users, upon request. Additionally, proactive measures should be taken to inform end- users in advance in scenarios with a foreseeable digital disruption. Whenever the digital label is temporarily unavailable, the information should be provided even without a request. The provided information should be accessible for end- users lacking basic literacy skills.
Amendment 45 #
Proposal for a regulation
Recital 16
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 must 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 secure that all stakeholders, 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.
Amendment 47 #
Proposal for a regulation
Recital 18
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 harmonized approach across different sectors will simplify the user experience and encourage trust in digital information sources. Furthermore, integrating these digital platforms can provide a more comprehensive and user- friendly interface, promoting consumer transparency and informed decision- making.
Amendment 48 #
Proposal for a regulation
Recital 19
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 health and the environment. Additionally, consideration should be given to the evolving digital landscape, ensuring that as technology advances, digital labeling remains accessible and user-friendly. It is crucial to continuously assess the feedback from end-users and stakeholders to ensure that the digital labeling system meets their needs and addresses any emerging concerns.
Amendment 69 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1009
Article 11b – paragraph 1a (new)
Article 11b – paragraph 1a (new)
1a. The digital label may include voluntary recommendations and best practises for the use of the EU fertilising product, for example with the aim to limit nutrient losses.
Amendment 70 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1009
Article 11b – paragraph 3 (b)
Article 11b – paragraph 3 (b)
(b) easily and directly accessible, without a need to register in advance, to download or install applications or to provide a password;accessible to all potential users in the Union; in particular through all major operating systems and web browsers;
Amendment 73 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1009
Article 11b – paragraph 3e
Article 11b – paragraph 3e
(e) available for aat least until the expiry date of the EU fertilising product, and for a minimum period of 510 years from the moment that 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.