Activities of Jakop G. DALUNDE related to 2020/0353(COD)
Plenary speeches (2)
Batteries and waste batteries (debate)
Batteries and waste batteries (debate)
Shadow opinions (1)
OPINION on the proposal for a Regulation of the European Parliament and of the Council concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020
Amendments (149)
Amendment 80 #
Proposal for a regulation
Recital 2
Recital 2
(2) Batteries are thus an important source of energy and one of the key enablers for sustainable development, green mobility, clean energy and climate neutrality. It is expected that the demand for batteries will grow rapidly in the coming years, notably for electric road transport vehicles using batteries for traction, making this market an increasingly strategic one at the global level, as well as for light means of transport. Significant scientific and technical progress in the field of battery technology will continue. In view of the strategic importance of batteries, and to provide legal certainty and incentives to produce low carbon batteries within a circular economy logic to all operators involved and to avoid discrimination, barriers to trade and distortions on the market for batteries, it is necessary to set out rules on sustainability parameters, performance, safety, collection, recycling and second life of batteries as well as on information about batteries. It is necessary to create a harmonised regulatory framework for dealing with the entire life cycle of batteries that are placed on the market in the Union.
Amendment 84 #
Proposal for a regulation
Recital 13
Recital 13
(13) Batteries should be designed and manufactured so as to optimise their performance, durability and safety and to minimise their environmental footprint. It is appropriate to lay down specific sustainability requirements for rechargeable industrial batteries and electric vehicle batteries with internal storage with a capacity above 2 kWh as such batteries represent the market segment which is expected to increase most in the coming years, as well as batteries for light means of transport.
Amendment 86 #
Proposal for a regulation
Recital 18
Recital 18
(18) The expected massive deployment of batteries in sectors like mobility and energy storage should reduce carbons emissions, but to maximise this potential it is necessary that their overall life cycle has a low carbon footprint. According to the Product Environmental Footprint Category Rules for High Specific Energy Rechargeable Batteries for Mobile Applications31 , climate change is the second highest related impact category for batteries after the use of minerals and metals. The technical documentation for rechargeable industrial batteries and, electric vehicle batteries with internal storage and a capacity above 2 kWhand batteries for light means of transport placed on the Union market should therefore be accompanied by a carbon footprint declaration,, which should be specific, if necessary, per manufacturing batch. Batteries are manufactured in batches, made in specific amounts within certain timeframes Harmonising the technical rules for calculating the carbon footprint for all rechargeable industrial batteries and, electric vehicle batteries with internal storage with a capacity above 2 kWhand batteries for light means of transport placed on the Union market is a prerequisite for introducing a requirement for the technical documentation of the batteries to include a carbon footprint declaration and subsequently establishing carbon footprint performance classes that will allow identifying the batteries with overall lower carbon footprints. Information and clear labelling requirements on batteries’ carbon footprint is not expected in itself to lead to the behavioural change necessary to ensure that the Union’s objective to decarbonise the mobility and energy storage sectors is achieved, in line with the internationally agreed objectives on climate change32 . Therefore, maximum carbon thresholds will be introduced, further to a dedicated impact assessment to determine those values. In proposing the level of the maximum carbon footprint threshold, the Commission will, inter alia, take into account the relative distribution of the carbon footprint values in batteries on the market, the extent of progress in the reduction of carbon footprint of batteries placed on the Union market and the effective and potential contribution of this measure to the Union’s objectives on sustainable mobility and climate neutrality by 2050. In order to bring about transparency on the batteries’ carbon footprint , and shift the Union market towards lower carbon batteries, regardless of where they are produced, a gradual and cumulative increase in the carbon footprint requirements is justified. As a result of these requirements, the avoided carbon emissions in batteries’ life cycle, will contribute to the Union’s objective of reaching climate neutrality by 2050. This may also enable other policies at Union and national level, such as incentives or green public procurement criteria, fostering the production of batteries with lower environmental impacts. _________________ 31Product Environmental Footprint - Category Rules for High Specific Energy Rechargeable Batteries for Mobile Applications https://ec.europa.eu/environment/eussd/sm gp/pdf/PEFCR_Batteries.pdf 32 Paris agreement (OJ L 282, 19.10.2016, p. 4) and the United Nations Framework Convention on Climate Change, available at https://unfccc.int/resource/docs/convkp/con veng.pdf
Amendment 87 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18 a) The most energy and carbon intensive part of battery manufacturing is often the production of battery cells, which in the case of Lithium-ion batteries can be responsible for as much as 75% of energy consumption. Cell production is mainly powered by electricity, meaning that the type of electricity used is crucial as regards determining the carbon footprint of a battery and as a consequence as regards being in a position to easily reduce the emissions related to this manufacturing process significantly.
Amendment 90 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19 a) Raw material mining and its subsequent processing is often a cause of environmental stress, as well as socioeconomic costs, for example in the agriculture sector and in tourism. Besides the associated energy requirements for the extractive industry, the extraction of lithium from brines causes substantial demand for water, as one tonne of lithium requires 1,900 tonnes of water.
Amendment 91 #
Proposal for a regulation
Recital 20
Recital 20
(20) The increased use of recovered materials would support the development of the circular economy and allow a more resource-efficient use of materials, while reducing Union dependency on materials from third countries. For batteries, this is particularly relevant for cobalt, lead, lithium and nickel. Therefore, it is necessary to promote the recovery of such materials from waste, establishing a requirement on the level of recycled content in batteries using cobalt, lead, lithium and nickel in active materials. This Regulation sets mandatory recycled content targets for cobalt, lead, lithium and nickel and which should be met by 203028. For cobalt, lithium and nickel increased targets are established by 20353. All targets, should take into account the availability of waste, from which such materials can be recovered, the technical feasibility of the involved recovery and manufacture processes as well as the time needed by the economic operators to adapt their supply and manufacturing processes. Therefore, before such mandatory targets become applicable, the requirement related to recycled content should be limited to disclosure of information on recycled content. In this sense, only post-consumer recyclates from actual batteries that meet the same standards as the first use material fulfil a true circular economy logic.
Amendment 93 #
Proposal for a regulation
Recital 28
Recital 28
(28) In order to provide end users with transparent, reliable and clear information about batteries and their main characteristics, and waste batteries, to enable the end users to make informed decisions when buying and discarding batteries and to enable waste operators to appropriately treat waste batteries, batteries should be labelled. Batteries should be labelled with all the necessary information concerning their main characteristics, including their capacity, environmental performance and content of certain hazardous substances. To ensure the availability of information over time, that information should also be made available by means of QR codes.
Amendment 94 #
Proposal for a regulation
Recital 29
Recital 29
(29) Information about the performance of batteries is essential to ensure that end- users as consumers are well and timely informed and in particular that they have a common basis to compare different batteries before making their purchase. Therefore, portable batteries of general use and automotive batterie, automotive batteries, electric vehicle batteries and batteries for light transport means should be marked with a label containing the information on their minimum average duration when used in specific applications. Additionally, it is important to guide the end-user to discard waste batteries in an appropriate way.
Amendment 96 #
Proposal for a regulation
Recital 30
Recital 30
(30) Rechargeable industrial batteries and, electric-vehicle batteries with internal storage with a capacity above 2 kWhand batteries for light means of transport should contain a battery management system that stores data so that the state of health and expected lifetime of batteries may be determined at any time by the end- user or any other third party acting on his behalf. In order to repurpose or remanufacture a battery, access to the battery management system should be provided to the person that has purchased the battery or any third party acting on its behalf at any time for evaluating the residual value of the battery, facilitating the reuse, repurposing or remanufacturing of the battery and for making the battery available to independent aggregators, as defined in Directive (EU) 201/944 of the European Parliament and of the Council34 , which operate virtual power plants in electricity grids. This requirement should apply in addition to Union law on type of approval of vehicles, including technical specifications that may originate from the work of the informal UNECE Working Group on Electric Vehicles and the Environment on data access in electric vehicles. _________________ 34Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU (OJ L 158, 14.6.2019, p. 125)
Amendment 99 #
Proposal for a regulation
Recital 59
Recital 59
(59) Only few countries supply those materials and, in some cases, low standards of governance may exacerbate environmental and social problems. Both cobalt and nickelCobalt, copper, nickel, iron and bauxite mining and refining are related to a large range of social and environmental issues, including environmental hazard potential and human health. While the social and environmental impacts for natural graphite are less severe, its mining has high shares of artisanal and small scale operations, which mostly takes place in informal settings and can lead to serious health and environmental impacts, including no regular mine closure and no rehabilitation, which results in the destruction of ecosystems and soils. For lithium, the expected increase in its use in battery manufacturing is likely to put additional pressure on extraction and refining operations, what would recommend including lithium in the scope of the supply chain due diligence obligations. The expected massive increase in demand for batteries in the Union should not contribute to an increase of such environmental and social risks.
Amendment 102 #
Proposal for a regulation
Recital 63
Recital 63
(63) Therefore, in view of the expected exp corporate responsibility to respect human rights and the environmential growth in battery demand in the EU, the economic operator that places a battery on the EU market should set up a supply chain due diligence policy. The requirements therefore should be laid down applies to all operations and business relationships of an economic operator and throughout the value chain. As the extraction, processing and trading of certain raw materials which are used in battery manufacturing carry particular risks and in view of the expected exponential growth in battery demand in the EU, certain requirements for the due diligence process should be laid down for economic operators that place all types of batteries on the EU market, with the objective to address the social, human rights and environmental risks inherent in the extraction, processing and trading of certain raw materials for battery manufacturing purposes, including all relevant downstream and upstream operations.
Amendment 104 #
Proposal for a regulation
Recital 65
Recital 65
(65) According to the OECD Due Diligence Guidance45 se standards, due diligence is an on-going, proactive and reactive process through which companies can ensure that they respect human rights and the environment and do not contribute to conflict.46 . Risk-based due diligence refers to the steps companies should take to identify and address actual or potential risks in order to, cease, prevent or, mitigate and account for adverse impacts associated with their activities or sourcing decisions. Economic operators should conduct informed, effective and meaningful consultation with actually and potentially affected rights-holders. A company can assess risk posed by its activities and relationships and adopt risks mitigating measures in line with relevant standards provided under national and international law, recommendations on responsible business conduct by international organisations, government- backed tools, private sector voluntary initiatives and a company's internal policies and systems. This approach also helps to scale the due diligence exercise to the size of the company's activities or supply chain relationships. _________________ 45 Page 15 of the OECD Due Diligence Guidance. 46OECD (2011), OECD Guidelines for Multinational Enterprises, OECD, Paris; OECD (2006), OECD Risk Awareness Tool for Multinational Enterprises in Weak Governance Zones, OECD, Paris; and, Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework (Report of the Special Represantative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and other Business Enterprises, John Ruggie, A/HRC/17/31, 21 March 2011).
Amendment 107 #
Proposal for a regulation
Recital 65 a (new)
Recital 65 a (new)
(65 a) While private sector chain due diligence schemes can support economic operators in their due diligence, economic operators should be individually responsible for complying with the due diligence obligations set out in this Regulation.
Amendment 108 #
Proposal for a regulation
Recital 66
Recital 66
(66) Mandatory supplyvalue chain due diligence policies should be adopted or modified and address, at least, the most prevalent human rights, social and environmental risk categories. This should cover the current and foreseeable impacts, on one hand, on social life, in particular human rights, human health and safety as well as occupational health and safety and labour rights, and, on the other hand, on the environment, in particular on water use, soil protection, air pollution, climate change and biodiversity, including community life.
Amendment 111 #
Proposal for a regulation
Recital 67
Recital 67
(67) As regards the social risk categories, due diligence policies should address the risks in the battery supply chain in relation to the protection of human rights, including human health, rights of indigenous peoples, protection of children and gender equality, in line with international human rights law47 . The due diligence policies should include information on how the economic operator has contributed to the prevention of human rights abuses and on the instruments in place with the operator’s business structure to fight corruption and bribery. The due diligence policies should also ensure correct implementation of the rules of fundamental conventions of the International Labour Organisation48 as listed in Annex I of the ILO Tripartite Declaration. _________________ 47Including The Universal Declaration of Human Rights, The International Covenant on Economic, Social and Cultural Rights, The International Covenant on Civil and Political Rights, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child and the Convention on the Rights of Persons with Disabilities. 48 The eight fundamental Conventions are 1. Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), 2. Right to Organise and Collective Bargaining Convention, 1949 (No. 98), 3. Forced Labour Convention, 1930 (No. 29) (and its 2014 Protocol ), 4. Abolition of Forced Labour Convention, 1957 (No. 105), 5. Minimum Age Convention, 1973 (No. 138), 6. Worst Forms of Child Labour Convention, 1999 (No. 182), 7. Equal Remuneration Convention, 1951 (No. 100), 8. Discrimination (Employment and Occupation) Convention, 1958 (No. 111)
Amendment 112 #
Proposal for a regulation
Recital 68
Recital 68
(68) As regards the environmental risk categories, the due diligence policies should address the risks in the battery supply chain in relation to protection of the natural environment, the climate, in line with the UN Paris Agreement, and of the biological diversity in line with the Convention on Biological Diversity49 , which includes also the consideration of local communities, and the protection and the development of those communities. _________________ 49 Such as set out in the Convention on biological diversity, available at https://www.cbd.int/convention/text/ and, in particular, Decision COP VIII/28 “Voluntary guidelines on Biodiversity- Inclusive impact assessment, available at https://www.cbd.int/decision/cop/?id=1104 2.
Amendment 113 #
Proposal for a regulation
Recital 69
Recital 69
(69) The supplyvalue chain due diligence obligations on the identification and mitigation of social and environmental risks associated with raw materials going into battery manufacturing should contribute to the implementation of UNEP Resolution 19 on Mineral Resource Governance, which recognizes the important contribution of the mining sector towards the achievement of the 2030 Agenda and the Sustainable Development Goals. (Horizontal amendment throughout the text.)
Amendment 115 #
Proposal for a regulation
Recital 69 a (new)
Recital 69 a (new)
(69 a) Even with thorough due diligence measures in place, harm might occur. Those who are negatively impacted should be entitled to remedies and access to justice. Responsible economic operators should actively ensure that they make remedies available for such harm, whether acting alone or in cooperation with other actors, and that the processes for accessing those remedies are effective and accessible to all parties concerned. They should be liable for any adverse impact they, or the entities they control or have the potential to control, caused or contributed to.
Amendment 118 #
Proposal for a regulation
Recital 81
Recital 81
(81) Considering the environmental impact and the loss of materials due to waste batteries not being separately collected, and consequently not treated in an environmentally sound way, the collection target for portable batteries already established under Directive 2006/66/EC should continue to apply and should be gradually increased. This Regulation entails that portable batteries also include batteries powering light means of transport. Since the current increase in sales of this type of batteries makes it difficult to calculate the amount of them that are placed in the market and collected at the end of their life, these portable batteries should be excluded from the current collection rate for portable batteries. This exclusion is to be reviewed along with the collection target for waste portable batteries, which may also address changes in the methodology to calculate the collection rate for portable batteries. The Commission shall prepare a report to underpin these reviews.
Amendment 120 #
Proposal for a regulation
Recital 83
Recital 83
(83) All automotive, industrial and electric vehicles batteries, as well as batteries for light means of transport should be collected and for that purpose the producers of such batteries should be required to accept and take back free of charge, all waste automotive, industrial and electric vehicles batteries from end-users. Detailed reporting obligations should be established for all actors involved in the collection of waste automotive, industrial and electric vehicles batteries.
Amendment 121 #
Proposal for a regulation
Recital 86 a (new)
Recital 86 a (new)
(86 a) One of the key objectives of this regulation is to make the EU battery industry competitive and sustainable. To achieve that, it is necessary to reduce its dependence on imports of virgin raw materials from third countries. The introduction of minimum recycling efficiency and collection targets will contribute to that goal, but the Union should also reward early movers and overperformers. Economic actors that excel in their field and exceed the prescribed targets should be rewarded through bonuses and incentive schemes, in order to increase the availability of recycled material, while fostering the European battery value chain’s competitiveness and self-sufficiency.
Amendment 122 #
Proposal for a regulation
Recital 88
Recital 88
(88) Industrial and electric vehicle batteries that are no longer fit for the initial purpose for which they were manufactured may be used for a different purpose as stationary energy storage batteries. A market for the second life of used industrial and electric vehicle batteries is emerging and in order to support the practical application of the waste hierarchy, specific rules should thus be defined to allow responsible repurposing of used batteries while taking into account the precautionary principle and ensuring safety of use for end users. Any such used battery should undergo an assessment of its state of health and available capacity to ascertain its suitability for use for any other than its original purpose. Batteries that are found to be suitable for uses other than their original purpose should be repurposed. In order to ensure uniform conditions for the implementation of provisions related to the estimation of the state of health of batteries, implementing powers should be conferred on the Commission.
Amendment 123 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall apply to all batteries, namely portable batteries, automotive batteries, electric vehicle batteries, batteries for light means of transport, and industrial batteries, regardless of their shape, volume, weight, design, material composition, use or purpose. It shall also apply to batteries incorporated in or added to other products.
Amendment 125 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7 – indent 2
Article 2 – paragraph 1 – point 7 – indent 2
— weighs below 58 kg;
Amendment 126 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7 – indent 3
Article 2 – paragraph 1 – point 7 – indent 3
— is not designed exclusively for industrial purposes; and
Amendment 137 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘light means of transport’ means wheeled vehicles that have an electric motor of less than 750 watts, on which travellers are seated or standing when the vehicle is moving and that can be powered by the electric motor alone or by a combination of motor and human power;
Amendment 146 #
Proposal for a regulation
Article 2 – paragraph 1 – point 36
Article 2 – paragraph 1 – point 36
(36) ‘supplyvalue chain due diligence’ means the obligations of the economic operator which places a rechargeable industrial battery or an electric-vehicle battery on the market, in relation to its management system, risk management, third party verifications by notified bodies and disclosure of information with a view to identifying, preventing and addressing actual and potential risks linked to the sourcing, processing and trading of the raw materials required for battery manufacturing; , chemicals and secondary raw materials required for battery manufacturing, linked to its manufacturing operations and linked to all business relationships; ("Value chain" instead of "supply chain": Horizontal amendment that applies throughout the text.)
Amendment 150 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Electric vehicle batteries and, rechargeable industrial batteries with internal storage and a capacity above 2 kWhand batteries for light means of transport shall be accompanied by technical documentation that includes, for each battery model and batch per manufacturing plant, a carbon footprint declaration drawn up in accordance with the delegated act referred to in the second sub-paragraph, verified by an accredited independent third party and containing, at least, the following information:
Amendment 153 #
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) the total carbon footprint of the battery, calculated as kg of carbon dioxide equivalent, including upstream emissions;
Amendment 154 #
Proposal for a regulation
Article 7 – paragraph 1 – point d a (new)
Article 7 – paragraph 1 – point d a (new)
(d a) the greenhouse gas emission intensity, expressed as the ratio of total manufacturing or repurposing CO2 emissions per kWh of battery capacity;
Amendment 155 #
Proposal for a regulation
Article 7 – paragraph 1 – point d b (new)
Article 7 – paragraph 1 – point d b (new)
Amendment 159 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
The carbon footprint declaration requirement in the first subparagraph shall apply as of 1 Julanuary 2024 to electric vehicle batteries and, to rechargeable industrial batteries and to batteries for light means of transport.
Amendment 160 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 a (new)
Article 7 – paragraph 1 – subparagraph 1 a (new)
Companies may be allowed to use lower emission factors than the default carbon intensity values only where they can prove with reliable data and through independent verification that their individual processes or energy sources are cleaner than the average carbon emissions from the country where the electrodes, electrolytes and cells were produced.
Amendment 161 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 2 – introductory part
Article 7 – paragraph 1 – subparagraph 2 – introductory part
The Commission shall, no later than 1 Julanuary 2023, adopt:
Amendment 164 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 3
Article 7 – paragraph 1 – subparagraph 3
The Commission shall be empowered to adopt delegated acts in accordance with Article 73 to ameexpand the information requirements set out in the first subparagraph.
Amendment 166 #
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Electric vehicle batteries and, rechargeable industrial batteries with internal storage and a capacity above 2 kWhand batteries for light means of transport shall bear a conspicuous, clearly legible and indelible label indicating the carbon footprint performance class that the individual battery corresponds to.
Amendment 169 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
The carbon footprint performance class requirements in the first subparagraph shall apply as of 1 Januaruly 20265 for electric vehicle batteries and, for rechargeable industrial batteries and for batteries for light means of transport.
Amendment 171 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3 – introductory part
Article 7 – paragraph 2 – subparagraph 3 – introductory part
The Commission shall, no later than 31 December0 June 2024, adopt
Amendment 176 #
Proposal for a regulation
Article 7 – paragraph 3 – introductory part
Article 7 – paragraph 3 – introductory part
3. Electric vehicle batteries and rechargeable industrial batteries with internal storage and a capacity above 2 kWh, batteries for light means of transport and rechargeable industrial batteries shall, for each battery model and batch per manufacturing plant, be accompanied by technical documentation demonstrating that the declared life cycle carbon footprint value, is below the maximum threshold established in the delegated act adopted by the Commission pursuant to the third subparagraph.
Amendment 179 #
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1
Article 7 – paragraph 3 – subparagraph 1
The requirement for a maximum life cycle carbon footprint threshold in the first subparagraph shall apply as of 1 Julanuary 20276 for electric vehicle batteries and, for rechargeable industrial batteries and for batteries for light means of transport.
Amendment 182 #
The Commission shall, no later than 1 July 20265, adopt a delegated act in accordance with Article 73 to supplement this Regulation by determining the maximum life cycle carbon footprint threshold referred to in the first subparagraph. In preparing that delegated act, the Commission shall take into account the relevant essential elements set out in Annex II.
Amendment 184 #
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 3 a (new)
Article 7 – paragraph 3 – subparagraph 3 a (new)
Amendment 185 #
Proposal for a regulation
Article 8 – title
Article 8 – title
Recycled content in industrial batteries, electric vehicle batteries and automotive batteriesbatteries (The change of the scope to all batteries with regard to recycled content should apply horizontally throughout the text.)
Amendment 187 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. From 1 January 20275, industriall batteries, electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kWhincluding batteries for light means of transport, that contain cobalt, lead, lithium or nickel in active materials shall be accompanied by technical documentation containing information about the amount of cobalt, lead, lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant.
Amendment 190 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
By 31 December 20253, the Commission shall adopt an implementing act laying down the methodology for the calculation and independent third-party verification of the amount of cobalt, lead, lithium or nickel recovered from waste present in active materials in the batteries referred to in the first subparagraph and the format for the technical documentation. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 74(3).
Amendment 191 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 a (new)
Article 8 – paragraph 1 – subparagraph 1 a (new)
When defining the methodology for the calculation and verification of the amount of recycled material present in the batteries referred to in the first subparagraph, the Commission shall only take into account materials that meet the same standards as those in first use batteries, and shall differentiate between post-consumer recyclates and post- industrial recyclates from batteries, as well as other recyclate sources than batteries;
Amendment 193 #
Proposal for a regulation
Article 8 – paragraph 1 b (new)
Article 8 – paragraph 1 b (new)
1 b. 1a. From 1 January 2024, producers shall collect data on the amount of recycled and renewable material in their batteries. Producers shall make updated data publicly available at least on a yearly basis, and in any case no later than four months after the conclusion of the reference period;
Amendment 198 #
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. From 1 January 2030, industrial batteries, electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kWh28, all batteries, including batteries for light means of transport, that contain cobalt, lead, lithium or nickel in active materials shall be accompanied by technical documentation demonstrating that those batteries contain the following minimum share of cobalt, lead, lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant:
Amendment 201 #
Proposal for a regulation
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
(a) 125% cobalt;
Amendment 206 #
Proposal for a regulation
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) 48% lithium;
Amendment 209 #
Proposal for a regulation
Article 8 – paragraph 2 – point d
Article 8 – paragraph 2 – point d
(d) 45% nickel.
Amendment 217 #
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. From 1 January 20353, industriall batteries, electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kWhincluding batteries for light means of transport, that contain cobalt, lead, lithium or nickel in active materials shall be accompanied by a technical documentation demonstrating that those batteries contain the following minimum share of cobalt, lead, lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant:
Amendment 220 #
Proposal for a regulation
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) 205% cobalt;
Amendment 225 #
Proposal for a regulation
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) 102% lithium;
Amendment 228 #
Proposal for a regulation
Article 8 – paragraph 3 – point d
Article 8 – paragraph 3 – point d
(d) 125% nickel.
Amendment 231 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Where justified and appropriate due to the availability of cobalt, lead, lithium or nickel recovered from waste, or the lack thereof, the Commission shall be empowered to adopt, by 31 December 20275, a delegated act in accordance with Article 73, to amendincrease the targets laid down in paragraphs 2 and 3.
Amendment 232 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1 (new)
Article 8 – paragraph 4 – subparagraph 1 (new)
The Commission shall be empowered to periodically review and further increase the recycled content targets in paragraphs 2 and 3 of this Article by means of delegated acts, where appropriate, based on updated market information and expected material demand.
Amendment 234 #
Proposal for a regulation
Article 9 – title
Article 9 – title
9 Performance and durability requirements for portable batteries of general use(Horizontal amendment: the extension of the scope with regard to the performance and durability requirements of portable batteries should apply throughout the whole text.)
Amendment 236 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. From 1 January 2027, all portable batteries of general use, including those for light means of transport, shall meet the values for the electrochemical performance and durability parameters set out in Annex III as laid down in the delegated act adopted by the Commission pursuant to paragraph 2.
Amendment 238 #
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 73 to amend dd further electrochemical performance and durability parameters laid down in Annex III in view of technical and scientific progress.
Amendment 239 #
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
In preparing the delegated act referred to in the first subparagraph, the Commission shall consider the need to reduce the life cycle environmental impact of portable batteries of general use and take into consideration technical progress, relevant international standards and labelling schemes. The Commission shall also ensure that the provisions laid down by that delegated act do not have a significant negative impact on the functionality of those batteries or the appliances into which those batteries are incorporated, the affordability and the cost for end-users and the industry’s competitiveness. No excessive administrative burden shall be imposed on manufacturers of the batteries and the appliances concerned.
Amendment 240 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. By 31 December 203025, the Commission shall assess the feasibility of measures to phase out the use of non- rechargeable portable batteries of general use, and shall introduce a levy on devices using such batteries, where those batteries could be easily replaced by a rechargeable battery or power cable, in view of minimising their environmental impact based on the life cycle assessment methodology. To that end, the Commission shall submit a report to the European Parliament and to the Council and consider taking the appropriate measures, including the adoption of legislative proposals.
Amendment 241 #
Proposal for a regulation
Article 10 – title
Article 10 – title
10 Performance and durability requirements for rechargeable industrial batteries and, electric vehicle batteries and batteries for light means of transport (Horizontal amendment: the scope of this amendment affects the whole article)
Amendment 244 #
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. From [12 months after entry into force of the Regulation], rechargeable industrial batteries and electric vehicle batteries with internal storage and a capacity above 2 kWhand batteries for light means of transport shall be accompanied by a technical documentation containing values for the electrochemical performance and durability parameters laid down in Part A of Annex IV.
Amendment 245 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 a (new)
Article 10 – paragraph 1 – subparagraph 1 a (new)
By 1 January 2026, information on the real-life performance and durability performance of rechargeable industrial batteries, electric vehicle batteries and batteries for light means of transport shall be available via the publicly available part of the electronic exchange system as set out in Article 64 and Annex XIII.
Amendment 247 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. From 1 January 20265, rechargeable industrial batteries with internal storage and a capacity above 2 kWh shall meet the minimum values laid down in the delegated act adopted by the Commission pursuant to paragraph 3 for the electrochemical performance and durability parameters set out in Part A of Annex IV.
Amendment 249 #
Proposal for a regulation
Article 10 – paragraph 3 – introductory part
Article 10 – paragraph 3 – introductory part
3. By 31 December 20243, the Commission shall adopt a delegated act in accordance with Article 73 to supplement this Regulation by establishing minimum values for the electrochemical performance and durability parameters laid down in Part A of Annex IV that rechargeable industrial batteries with internal storage and capacity above 2 kWh shall attain.
Amendment 250 #
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 1
Article 10 – paragraph 3 – subparagraph 1
In preparing the delegated act referred to in the first subparagraph, the Commission shall consider the need to reduce the life cycle environmental impact of rechargeable industrial batteries with internal storage and a capacity above 2 kWh and ensure that the requirements laid down therein do not have a significant negative impact on the functionality of those batteries or the appliances into which those batteries are incorporated, its affordability and industry’s competitiveness. No excessive administrative burden shall be imposed on manufacturers of the batteries and the appliances concerned.
Amendment 251 #
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. Portable batteries, incorporated in appliancesluding batteries powering light means of transport, shall be readily removable and replaceable by the end-user or by independent operators during the lifetime of the appliance, if the batteries have a shorter lifetime than the appliance, or at the latest at the end of the lifetime of the appliance.
Amendment 252 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
A battery is readily replaceable where, after its removal from an appliance by means of a reversible and non-destructive disassembly with standard tools available to end-users or independent operators, it can be substituted by a similar battery, without affecting the functioning or the performance of that appliance.
Amendment 254 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2 a. Portable batteries, including batteries powering light means of transport, shall be available as spare part for a minimum of 10 years after placing the last unit of the model on the market, with a reasonable and non-discriminatory price for independent users and professionals. The manufacturer shall ensure the delivery of the spare battery within 15 working days after having received the order.
Amendment 255 #
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Amendment 257 #
Proposal for a regulation
Article 13 – paragraph 5 – point g
Article 13 – paragraph 5 – point g
(g) from 1 January 20265, for electric vehicle batteries and for rechargeable industrial batteries with internal storage and a capacity above 2 kWh the carbon footprint performance class referred to in Article 7(2);
Amendment 263 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. RAt least rechargeable industrial batteries and, electric vehicle batteries with internal storage and a capacity above 2 kWhand batteries for light means of transport, shall include a battery management system containing data on the parameters for determining the state of health and expected lifetime of batteries as laid down in Annex VII.
Amendment 264 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 (new)
Article 14 – paragraph 1 – subparagraph 1 (new)
In the case of electric vehicle batteries, the battery management system shall include features enabling the operation of vehicle-to-grid services;
Amendment 265 #
Proposal for a regulation
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
2. Access to the data in the battery management system referred to in paragraph 1 shall be provided on a non- discriminatory basis to the legal or natural person who has legally purchased the battery or any third party acting on their behalf at any time, and shall be easily readable for the purpose of:
Amendment 280 #
Proposal for a regulation
Article 39 – title
Article 39 – title
39 Obligation for economic operators that place rechargeable industrial batteries and electric-vehicle batteries with internal storage and a capacity above 2 kWhall categories of batteries covered in this regulation on the market to establish supplyconduct value chain due diligence policies ("Value chain" replacing "supply chain" is a horizontal amendment throughout the whole text)
Amendment 282 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
Amendment 286 #
(a) adopt, and clearly communicate to suppliers and the public, a company due diligence policy for the supply chain of raw materials indicated in Annex X, point 1, as well as for other associated environmental and human rights risks along the entire value chain;
Amendment 292 #
Proposal for a regulation
Article 39 – paragraph 2 – point d – paragraph 1 – point iii
Article 39 – paragraph 2 – point d – paragraph 1 – point iii
(iii) country and region of origin of the raw material and the market transactions from the raw material’s extraction to the immediate supplier to the economic operator;
Amendment 293 #
Proposal for a regulation
Article 39 – paragraph 2 – point d – paragraph 2
Article 39 – paragraph 2 – point d – paragraph 2
Amendment 296 #
Proposal for a regulation
Article 39 – paragraph 2 – point f
Article 39 – paragraph 2 – point f
(f) establish a grievance mechanism as an early-warning risk-awareness system and an effective, timely and accessible remedy mechanism for harm caused or provide such mechanism through collaborative arrangements with other economic operators or organisations, or by facilitating recourse to an external expert or body, such as an ombudsman.
Amendment 304 #
Proposal for a regulation
Article 39 – paragraph 3 – subparagraph 1
Article 39 – paragraph 3 – subparagraph 1
Amendment 305 #
Proposal for a regulation
Article 39 – paragraph 3 – subparagraph 2
Article 39 – paragraph 3 – subparagraph 2
The economic operator referred to in paragraph 1 shall identify and assess the probability of adverse impacts in the risk categories listed in Annex X, point 2, in its supply chain based on available reports by third-party verification done by a notified body concerning the suppliers in that chain, and, by assessing, as appropriate, its due diligence practices. Those verification reports shall be in accordance with the first subparagraph in paragraph 4. In the absence of such third-party verification reports concerning suppliers, the economic operator referred to in paragraph 1 shall identify and assess the risks in its supply chain as part of its own risk management systems. In such cases, economic operators referred to in paragraph 1 shall carry out third party verifications of its own supply chains due diligence via a notified body in accordance with the first subparagraph in paragraph 4.
Amendment 306 #
Proposal for a regulation
Article 39 – paragraph 4 – introductory part
Article 39 – paragraph 4 – introductory part
4. The economic operator referred to in paragraph 1 shall have their supply chain due diligence policies verified by a notified body (“third-party verification”). The policies shall be reviewed and verified periodically, at least every three years.
Amendment 313 #
Proposal for a regulation
Article 39 – paragraph 5
Article 39 – paragraph 5
5. The economic operator referred to in paragraph 1 shall make available upon request to Member States’ market surveillance authorities the reports of any third-party verification carried out in accordance with paragraph 4 or evidence of compliance with a supply chain due diligence scheme recognised by the Commission in accordance with Article 72.
Amendment 318 #
Proposal for a regulation
Article 39 – paragraph 7 a (new)
Article 39 – paragraph 7 a (new)
7 a. In order to enable Member States to ensure compliance with the Regulation according to Article 69, Member States shall be responsible for carrying out appropriate checks, including on-the-spot inspections, including at the premises of the economic operator. Economic operators shall offer all the assistance necessary to facilitate the performance of the checks referred to in paragraph a, in particular as regards access to premises and the presentation of documentation and records. Member States shall keep records of checks referred to in paragraph a indicating in particular the nature and results of such checks, as well as records of any notice of remedial action issued under Article 69.
Amendment 319 #
Proposal for a regulation
Article 39 – paragraph 7 b (new)
Article 39 – paragraph 7 b (new)
7 b. In accordance with the civil liability regimes of Member States, economic operators are liable for adverse impact they or the entities they control or are able to control caused or contributed to. Member States shall ensure that the limitation period for bringing civil liability claims concerning harm arising out of adverse impacts on human rights and the environment is reasonable and that economic operators carry the burden of evidence for not having caused or contributed to a harm.
Amendment 332 #
Proposal for a regulation
Article 47 – paragraph 9 – point c a (new)
Article 47 – paragraph 9 – point c a (new)
(c a) the total volume and disaggregated usage destination for each of the recycled materials;
Amendment 335 #
Proposal for a regulation
Article 48 – paragraph 2 – point b
Article 48 – paragraph 2 – point b
(b) covers the whole territory of the Member State with a sufficient number and adequate geographical spread, taking into account population size, expected volume of waste portable batteries, accessibility and vicinity to end-users, not being limited to areas where the collection and subsequent management of waste portable batteries is profitable.
Amendment 336 #
Proposal for a regulation
Article 48 – paragraph 3 a (new)
Article 48 – paragraph 3 a (new)
3 a. By 30 June 2023 the Commission shall establish by means of an implementing act a new methodology for the accurate calculation of collection rates, which may take into account the market evolution in terms of sales and the average lifespan of each battery type;
Amendment 337 #
Proposal for a regulation
Article 48 – paragraph 4 – introductory part
Article 48 – paragraph 4 – introductory part
4. Producers or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf, shall attain, and maintain durably, at least the following collection targets of waste portable batteries, calculated as percentages of the portable batteries, exincluding batteries from light means of transport, made available on the market for the first time in a Member State by the respective producer or collectively by the producers covered by a producer responsibility organisation:
Amendment 338 #
Proposal for a regulation
Article 48 – paragraph 4 – point a
Article 48 – paragraph 4 – point a
(a) 465 % by 31 December 2023 ; 75% for light means of transport
Amendment 340 #
Proposal for a regulation
Article 48 – paragraph 4 – point b
Article 48 – paragraph 4 – point b
(b) 675 % by 31 December 2025; 90% for light means of transport
Amendment 342 #
Proposal for a regulation
Article 48 – paragraph 4 – point c
Article 48 – paragraph 4 – point c
(c) 790 % by 31 December 2030.; 95% for light means of transport;
Amendment 345 #
Proposal for a regulation
Article 48 – paragraph 12 a (new)
Article 48 – paragraph 12 a (new)
Amendment 346 #
Proposal for a regulation
Article 49 – paragraph 1 – subparagraph 1
Article 49 – paragraph 1 – subparagraph 1
Where waste industrial batteries require prior dismantling at the premises of private, non-commercial users, the obligation of the producer, or otherwise the related producer responsibility organisation, to take back those batteries shall include covering the costs of dismantling and collecting waste batteries at the premises of those users.
Amendment 347 #
Proposal for a regulation
Article 49 – paragraph 4 a (new)
Article 49 – paragraph 4 a (new)
4 a. Adequate financial incentives for returning industrial, automotive and electric vehicle batteries shall be put in place by Member States;
Amendment 352 #
Proposal for a regulation
Article 55 – paragraph 1 – introductory part
Article 55 – paragraph 1 – introductory part
1. Member States shall achieve the following minimum collection targets for waste portable batteries, exincluding waste batteries from light means of transport:
Amendment 353 #
Proposal for a regulation
Article 55 – paragraph 1 – point a
Article 55 – paragraph 1 – point a
(a) 465 % by 31 December 2023; 75 % for light means of transport;
Amendment 355 #
Proposal for a regulation
Article 55 – paragraph 1 – point b
Article 55 – paragraph 1 – point b
(b) 675 % by 31 December 2025; 90% for light means of transport;
Amendment 357 #
Proposal for a regulation
Article 55 – paragraph 1 – point c
Article 55 – paragraph 1 – point c
(c) 790 % by 31 December 2030.; 95% for light means of transport;
Amendment 359 #
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. Member States shall calculate the collection rates set out in paragraph 1 in accordance with the methodology set out in Annex XI, and may set up incentive schemes with bonuses for economic operators performing better than the respective minimum collection thresholds in the subsequent period, as established by the compliance deadlines in paragraph 1.
Amendment 360 #
Proposal for a regulation
Article 55 – paragraph 3
Article 55 – paragraph 3
3. The Commission shall, by 31 December 2030, review the target laid down in paragraph 1(c) and, as part of that review consider the setting of araising further the collection target specifically for batteries powering light means of transport, in the light of the evolution of the market share, as a separate target or as part of a review of the target laid down in paragraph 1(c) and in Article 48(4). This review may also consider introducing a calculation methodology for the calculation of the separate collection rate with a view to reflecting the quantity of waste batteries available for collection. To that end, the Commission shall submit a report to the European Parliament and the Council on the outcome of the review accompanied, if appropriate, by a legislative proposal.
Amendment 361 #
Proposal for a regulation
Article 56 – paragraph 4
Article 56 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 73 to ameexpand the treatment and recycling requirements for waste batteries laid down in Part A of Annex XII in light of technical and scientific progress and emerging new technologies in waste management.
Amendment 362 #
Proposal for a regulation
Article 56 – paragraph 4 a (new)
Article 56 – paragraph 4 a (new)
4 a. Member States may set up incentive schemes with bonuses for economic operators performing better than the respective minimum thresholds set out in Parts B and C of Annex XII in the subsequent period, as established by the respective compliance deadlines therein.
Amendment 363 #
Proposal for a regulation
Article 57 – paragraph 2 – subparagraph 1 (new)
Article 57 – paragraph 2 – subparagraph 1 (new)
Recyclers shall ensure that the minimum levels of recovered materials in Part C of the Annex are battery grade.
Amendment 365 #
Proposal for a regulation
Article 57 – paragraph 5
Article 57 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts, in accordance with Article 73, to amendincrease the minimum levels of recovered materials for waste batteries laid down in Annex XII, Parts B and C, in light of technical and scientific progress and emerging new technologies in waste management.
Amendment 368 #
Proposal for a regulation
Article 59 – paragraph 1
Article 59 – paragraph 1
1. Independent operators shall be given access to the battery management system of rechargeable industrial batteries and electric vehicle batteries with internal storage with a capacity above 2 kWh, on equal terms and conditions, for the purpose of assessing and determining the state of health and remaining lifetime of batteries, according to the parameters laid down in Annex VII. (Deletion of the 2 kWh minimum threshold is an horizontal amendment throughout text.)
Amendment 370 #
2 a. All used rechargeable industrial batteries, electric vehicle batteries and batteries for light means of transport shall be assessed to determine whether they are suitable for reuse, repurposing or remanufacturing. Where feasible, applications allowing the reuse of batteries and repurposing shall take precedence over recycling.
Amendment 371 #
Proposal for a regulation
Article 64 – paragraph 2
Article 64 – paragraph 2
2. The system shall contain the information and data on rechargeable industrial batteries and electric vehicle batteries with internal storage and a capacity above 2 kWh as laid down in Annex XIII. That information and data shall be sortable and searchable, respecting open standards for third party use.
Amendment 372 #
Proposal for a regulation
Article 65 – paragraph 1
Article 65 – paragraph 1
1. By 1 January 2026, each industrial battery and electric vehicle battery placed on the market or put into service and whose capacity is higher than 2 kWh shall have an electronic record (“battery passport”).
Amendment 378 #
Proposal for a regulation
Article 70 – paragraph 1
Article 70 – paragraph 1
1. Contracting authorities, as defined in Article 2(1) of Directive 2014/24/EU or Article 3(1) of Directive 2014/25/EU, or contracting entities, as defined in Article 4(1) of Directive 2014/25/EU shall, when procuring batteries or products containing batteries in situations covered by those Directives, take account of the environmental and climate impacts of batteries over their life cycle with a view to ensure that such impacts of the batteries procured are kept to a minimum.
Amendment 379 #
Proposal for a regulation
Article 70 – paragraph 2
Article 70 – paragraph 2
2. The obligation set out in paragraph 1 shall apply to any contracts entered into by contracting authorities or contracting entities for the purchase of batteries or products containing batteries and shall mean that these contracting authorities and contracting entities are obliged to include technical specifications and award criteria based on Articles 7 to 10 to ensure that a product is only chosen among products with significantly lower environmental impacts over their lifecycle.
Amendment 380 #
Proposal for a regulation
Article 70 – paragraph 3
Article 70 – paragraph 3
3. The Commission shall, by 31 December 20264, adopt delegated acts in accordance with Article 73 supplementing this Regulation by establishing minimum mandatory green public procurement criteria or targets based on the requirements set out in Articles 7 to 10.
Amendment 381 #
Proposal for a regulation
Article 71 – paragraph 14
Article 71 – paragraph 14
14. Where the Committees for Risk Assessment and Socio-economic Analysis provide an opinion pursuant to paragraphs 5 and 6, they shall make use of rapporteurs as specified in Article 87 of Regulation (EC) No 1907/2006. The rapporteurs or co- rapporteurs concerned, or their employer, shall be shall be independent from private interest and remunerated by the Agency in accordance with a scale of fees to be included in the financial arrangements related to restrictions established by the Management Board, set up pursuant to Article 76(1)(a) of Regulation (EC) No 1907/2006. Where the persons concerned fail to fulfil their duties, the Executive Director of the Agency has the right to terminate or suspend the contract or withhold remuneration.
Amendment 382 #
Proposal for a regulation
Article 72
Article 72
Amendment 386 #
Proposal for a regulation
Article 76 – paragraph 1 a (new)
Article 76 – paragraph 1 a (new)
The Commission shall review the penalties established by the Member States and propose possible changes to them, when necessary, in view of ensuring a harmonised enforcement across the Union;
Amendment 389 #
— Raw material acquisition, including transport, and pre- processing stage
Amendment 390 #
Proposal for a regulation
Annex II – point 5 – paragraph 5 – indent 4
Annex II – point 5 – paragraph 5 – indent 4
— Own electricity production, which in the case of renewable sources needs to be duly accredited as additional capacity with a demonstrable geographic and real- time link, beyond a simple Guarantee of Origin;
Amendment 391 #
Proposal for a regulation
Annex II – point 9 – paragraph 1
Annex II – point 9 – paragraph 1
Based on the information collected through the carbon footprint declarations and the relative distribution of the carbon footprint performance classes of battery models placed on the market, and taking into account the scientific and technical progress in the field, the Commission will identify dynamic and progressive maximum lifecycle carbon footprint thresholds for rechargeable industrial and electric vehicleall batteriy types, further to a dedicated impact assessment to determine those values.
Amendment 392 #
Proposal for a regulation
Annex II – point 9 – paragraph 2
Annex II – point 9 – paragraph 2
In proposing maximum carbon footprint thresholds, the Commission will progressively take into account the relative distribution of the carbon footprint values in batteries on the market, the extent of progress in the reduction of carbon footprint of batteries placed on the Union market including best available upstream and downstream production processes and the effective and potential contribution of this measure to the Union’s objectives on sustainable mobility and climate neutrality by 2050.
Amendment 394 #
Proposal for a regulation
Annex III – point 1
Annex III – point 1
1. Battery measured capacity, electric charge which a battery can delivers under a specific set ofreal- life conditions.
Amendment 399 #
Proposal for a regulation
Annex VI – Part A – paragraph 1 – point 6 a (new)
Annex VI – Part A – paragraph 1 – point 6 a (new)
6 a. real-life capacity;
Amendment 400 #
Proposal for a regulation
Annex X – point 1 – point a a (new)
Annex X – point 1 – point a a (new)
(a a) copper;
Amendment 401 #
Proposal for a regulation
Annex X – point 1 – point d a (new)
Annex X – point 1 – point d a (new)
(d a) iron;
Amendment 402 #
Proposal for a regulation
Annex X – point 1 – point d b (new)
Annex X – point 1 – point d b (new)
Amendment 406 #
Proposal for a regulation
Annex X – point 2 – point d a (new)
Annex X – point 2 – point d a (new)
(d a) climate, including greenhouse gas emissions;
Amendment 407 #
Proposal for a regulation
Annex X – point 2 – point i
Annex X – point 2 – point i
(i) community life., including that of indigenous people;
Amendment 408 #
Proposal for a regulation
Annex XI – point 1
Annex XI – point 1
1. Producers or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf, and Member States shall calculate the collection rate as the percentage obtained by dividing the weight of waste portable batteries exincluding the disaggregated figure for waste batteries from light means of transport, collected in accordance with Article 48 and Article 55, respectively, in a given calendar year in a Member State by the average weight of such batteries that producers either sell directly to end-users or deliver to third parties in order to sell them to end-users in that Member State during that year and the preceding two calendar years.
Amendment 409 #
Proposal for a regulation
Annex XI – point 2
Annex XI – point 2
2. Producers or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf, and Member States shall calculate the annual sales of portable batteries, exincluding the disaggregated figure for batteries from light means of transport, to end-users in a given year, as the weight of such batteries made available on the market for the first time withinthe territory of the Member State in the year concerned, excluding any portable batteries that have left the territory of that Member State in that year before being sold to the end users.
Amendment 412 #
Proposal for a regulation
Annex XII – Part B – point 1 – point -a (new)
Annex XII – Part B – point 1 – point -a (new)
(-a) recycling of 85 % by average weight of nickel-cadmium batteries;
Amendment 414 #
Proposal for a regulation
Annex XII – Part B – point 1 – point c
Annex XII – Part B – point 1 – point c
(c) recycling of 560 % by average weight of other waste batteries.
Amendment 415 #
Proposal for a regulation
Annex XII – Part B – point 2 – point -a (new)
Annex XII – Part B – point 2 – point -a (new)
(-a) recycling of 90 % by average weight of nickel-cadmium batteries;
Amendment 416 #
Proposal for a regulation
Annex XII – Part B – point 2 – point b a (new)
Annex XII – Part B – point 2 – point b a (new)
(b a) recycling of 70 % by average weight of other waste batteries.
Amendment 418 #
Proposal for a regulation
Annex XII – Part C – point 1 – introductory part
Annex XII – Part C – point 1 – introductory part
1. No later than 1 January 20265, all recycling processes shall achieve the following levels of materials recovery:
Amendment 419 #
Proposal for a regulation
Annex XII – Part C – point 1 – point a
Annex XII – Part C – point 1 – point a
(a) 905 % for cobalt;
Amendment 420 #
Proposal for a regulation
Annex XII – Part C – point 1 – point b
Annex XII – Part C – point 1 – point b
(b) 905 % for copper;
Amendment 421 #
Proposal for a regulation
Annex XII – Part C – point 1 – point c
Annex XII – Part C – point 1 – point c
(c) 905 % for lead;
Amendment 422 #
Proposal for a regulation
Annex XII – Part C – point 1 – point d
Annex XII – Part C – point 1 – point d
(d) 3570 % for lithium;
Amendment 423 #
Proposal for a regulation
Annex XII – Part C – point 1 – point e
Annex XII – Part C – point 1 – point e
(e) 905 % for nickel.
Amendment 425 #
Proposal for a regulation
Annex XII – Part C – point 1 – point e a (new)
Annex XII – Part C – point 1 – point e a (new)
(e a) 95% for cadmium
Amendment 426 #
Proposal for a regulation
Annex XII – Part C – point 2 – introductory part
Annex XII – Part C – point 2 – introductory part
2. No later than 1 January 203027, all recycling processes shall achieve the following levels of materials recovery:
Amendment 427 #
Proposal for a regulation
Annex XII – Part C – point 2 – point a
Annex XII – Part C – point 2 – point a
(a) 958 % for cobalt;
Amendment 428 #
Proposal for a regulation
Annex XII – Part C – point 2 – point b
Annex XII – Part C – point 2 – point b
(b) 958 % for copper;
Amendment 429 #
Proposal for a regulation
Annex XII – Part C – point 2 – point c
Annex XII – Part C – point 2 – point c
(c) 958 % for lead;
Amendment 430 #
Proposal for a regulation
Annex XII – Part C – point 2 – point d
Annex XII – Part C – point 2 – point d
(d) 790 % for lithium;
Amendment 431 #
Proposal for a regulation
Annex XII – Part C – point 2 – point e
Annex XII – Part C – point 2 – point e
(e) 958 % for nickel.
Amendment 433 #
Proposal for a regulation
Annex XII – Part C – point 2 – point e a (new)
Annex XII – Part C – point 2 – point e a (new)
(e a) 95% for cadmium