| (4) | the following articles are inserted:
‘Article 11a
Forms of labelling
1. Where EU fertilising products are made available to economic operators on the market in packaging, they shall be accompanied by the labelling elements set out in Annex III in the following form:
| (a) | on a label in a digital form (“digital label”); or |
| (b) | on a label in a physical form attached to the packaging or, for the labelling elements that cannot be provided on the label due to the packaging being too small, in a separate leaflet accompanying the packaging (“physical label”). |
2. Where EU fertilising products are made available to economic operators on the market without packaging, they shall be accompanied by the labelling elements set out in Annex III in the following form:
| (a) | on a digital label; or |
| (b) | in a leaflet accompanying the EU fertilising product. |
3. Where EU fertilising products are made available to end-users on the market in packaging, they shall be accompanied by the labelling elements set out in Annex III in the following form:
| (a) | on a physical label; or |
| (b) | on a digital label and duplicated on a physical label. |
By way of derogation from point (b) of the first subparagraph, the labelling elements marked with an asterisk in Annex III do not have to be duplicated on the physical label.
4. Where EU fertilising products are made available to end-users on the market without packaging, they shall be accompanied by the labelling elements set out in Annex III in the following form:
| (a) | on a digital label; or |
| (b) | in a leaflet accompanying the EU fertilising product. |
5. Where economic operators provide a digital label in accordance with this Article, they shall ensure consistent labelling in the case of duplication and shall comply with the requirements set out in Articles 11b and 11c.
Article 11b
Requirements for digital labels
1. The digital label shall include:
| (a) | the information required pursuant to Article 6(6) and Article 8(3); |
| (b) | the CE marking and, where applicable, the identification number of the notified body, in accordance with Articles 17 and 18; |
| (c) | all the labelling elements required under Annex III, with the exception of the production date and quantity where those elements have been provided on the physical label. |
2. The digital label may include recommendations and best practices for the use of the EU fertilising product.
3. The information referred to in paragraph 1 shall be provided together in one place and separated from information under paragraph 2 and from any information not provided under this Regulation.
4. The digital label shall be:
| (a) | accessible free of charge; |
| (b) | easily and directly accessible through all major operating systems and browsers, without a need to register in advance, to download or install applications or to provide a password, and accessible to all potential users in the Union; |
| (d) | presented in a way that also addresses the needs of vulnerable groups and supports, as relevant, the necessary adaptations to facilitate access by those groups, in particular those consisting of persons with disabilities; |
| (e) | available for a period of 10 years from the date that the EU fertilising product concerned was placed on the market, including in the event of the insolvency, liquidation or cessation of activity in the Union of the economic operator that created it. |
Where the digital label is available in more than one language, the choice of languages shall not be dependent on the geographical location.
5. The 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 packaging, on the accompanying document or leaflet, in a way that it is externally visible, legible, and accessible to vulnerable groups, including persons with disabilities, and that allows that data carrier to be processed automatically by digital devices.
Article 11c
Obligations of economic operators providing a digital label
1. Economic operators providing a digital label shall not track, analyse or use any usage information for purposes other than what is absolutely necessary for providing the relevant information digitally.
2. At the request of end-users and independently of a purchase, or without such a request where the digital label is temporarily unavailable at the time of purchase, economic operators making EU fertilising products available to such end-users on the market shall provide the information included on the digital label by alternative means and free of charge;
3. Where EU fertilising products are made available on the market with a digital label in accordance with Article 11a(4), point (a), the economic operator supplying them to end-users shall post the labelling information referred to in Article 11b(1) in a visible place at the point of sale.’
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