42 Amendments of Evelyne GEBHARDT related to 2020/0353(COD)
Amendment 124 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23 a) Interoperability within the different product categories of light means of transport and chargers simplifies the use of light means of transport for consumers and reduces unnecessary electronic waste and costs; therefore rechargeable batteries intended for use in light means of transport should be compatible with a common charger for particular categories or classes of light means of transport; this Regulation should therefore include specific requirements in this area.
Amendment 259 #
Proposal for a regulation
Article 11 – title
Article 11 – title
Removability and replaceability of portable batteries
Amendment 260 #
Proposal for a regulation
Article 11 – paragraph -1 (new)
Article 11 – paragraph -1 (new)
Amendment 261 #
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. Portable batteries incorporated in appliances and batteries for light means of transport shall be readily removable and replaceable by the end-user orand by independent operators, including community repair initiatives 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. Repair instructions shall be made publicly available online in an easily understandable way for end users, including consumers, for the expected lifetime of the product.
Amendment 266 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
A battery is readily replaceable where, after its reversible non-destructive removal from an appliance, it can be substituted by a similar battery, using either an original or qualified part, without affecting the functioning, safety or the performance of that appliance.
Amendment 277 #
Proposal for a regulation
Article 11 – paragraph 2 – point b a (new)
Article 11 – paragraph 2 – point b a (new)
(b a) In these cases, the products shall be equipped with an easily understandable label informing about the non- replaceability of the battery and the batteries' expected lifetime.
Amendment 284 #
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11 a Common chargers Rechargeable batteries of light means of transport within certain categories or classes shall be constructed in a way that they comply with common chargers as of 1 January 2026. The Commission shall, by 31 December 2024, adopt delegated acts to establish harmonised specifications regarding categories or classes of light means of transport and common chargers. Those delegated acts shall be adopted in accordance with the procedure referred to in Article 73.
Amendment 395 #
39 Obligation for economic operators that place rechargeable industrial batteries and electric-vehicle batteries with internal storage and a capacity above 2 kWha battery on the market to establishconduct supply chain due diligence policies
Amendment 400 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. As of [12 months after the entry into force of the Regulation] the economic operator that places rechargeable industrial batteries and electric-vehicle batteries with internal storage and a capacity above 2 kWha battery model on the market shall comply with thearry out supply chain due diligence, shall comply with obligations set out in paragraphs 2 to 5 of this Article and shall keep documentation demonstrating its respective compliance with those obligations, including the results of the third-party verification carried out by notified bodies.
Amendment 405 #
Proposal for a regulation
Article 39 – paragraph 2 – point a
Article 39 – paragraph 2 – point a
(a) adopt, and clearly communicate to suppliers and the public, a company due diligence policy for the supply chain of batteries and raw materials indicated in Annex X, point 1, as well as for other associated environmental and human rights risks along the entire supply chain;
Amendment 411 #
(b) incorporate in its supply chain policy standards consistent with the standards set out in the model supply chain policy in Annex IIinternationally recognised due diligence standards listed in Annex X, point 4 to the OECD Due Diligence Guidance;
Amendment 413 #
Proposal for a regulation
Article 39 – paragraph 2 – point d – introductory part
Article 39 – paragraph 2 – point d – introductory part
(d) establish and operate a system of controls and transparency over the supply chain, including a chain of custody or traceability system or the, identification of ying upstream actors in the supply chain.
Amendment 415 #
Proposal for a regulation
Article 39 – paragraph 2 – point d – paragraph 1 – point i
Article 39 – paragraph 2 – point d – paragraph 1 – point i
(i) description of the raw material, including its trade name and type, as well as of services, hard and software as indicated in Annex X point 2;
Amendment 416 #
Proposal for a regulation
Article 39 – paragraph 2 – point d – paragraph 1 – point ii
Article 39 – paragraph 2 – point d – paragraph 1 – point ii
(ii) name and address of the supplier that supplied the raw material present in the batteries, as well as of services, hard and software as indicated in Annex X point 2, to the economic operator that places on the market the batteries containing the raw material in question;
Amendment 419 #
Proposal for a regulation
Article 39 – paragraph 2 – point d – paragraph 2
Article 39 – paragraph 2 – point d – paragraph 2
Amendment 424 #
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 as well as remediation mechanism for harm 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 427 #
Proposal for a regulation
Article 39 – paragraph 3 – point a
Article 39 – paragraph 3 – point a
(a) identify and assess the adverse impacts associated to the risk categories including amongst others the ones listed in Annex X, point 2, in its supply chain on the basis of the information provided pursuant to paragraph 2, as well as any further relevant information that may be either publicly available or be provided by third parties, including potentially affected communities or relevant civil society organisations, against the standards of their supply chain policy;
Amendment 430 #
Proposal for a regulation
Article 39 – paragraph 3 – point b – point ii
Article 39 – paragraph 3 – point b – point ii
(ii) adopting risk management measures consistent with Annex IIthe internationally recognised due diligence standards listed in Annex X, point 4 to the OECD Due Diligence Guidance, considering their ability to influence, and where necessary take steps to exert pressure on suppliers and further business partners who can most effectively prevent or mitigate the identified risk;
Amendment 432 #
Proposal for a regulation
Article 39 – paragraph 3 – point b – point iii
Article 39 – paragraph 3 – point b – point iii
(iii) implementing the risk management plan, monitoring and tracking performance of risk mitigation efforts, reporting back to senior management designated for this purpose and considering suspending or discontinuing engagement with a supplier and further business partners after failed attempts at mitigation, based on relevant contractual arrangements in line with the second subparagraph to paragraph 2 above;
Amendment 435 #
Proposal for a regulation
Article 39 – paragraph 3 – subparagraph 1
Article 39 – paragraph 3 – subparagraph 1
If the economic operator referred to in paragraph 1 pursues risk mitigation efforts while continuing trade or temporarily suspending trade, it shall consult with suppliers and with the stakeholders concerned, including local and central government authorities, international or civil society organisations and affected third parpotentially affected communities, and agree on a strategy for measurable risk mitigation in the risk management plan.
Amendment 438 #
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 outvalue chain. The economic operators referred to in paragraph 1 may make use of third -party verifications of its own supply chains due diligence via a notified body in accordance with the first subparagraph in paragraph 4 reports for that purpose.
Amendment 444 #
Proposal for a regulation
Article 39 – paragraph 7
Article 39 – paragraph 7
7. The Commission shall develop guidance as regards the application of the due diligence requirements defined in paragraphs 2 and 3 of this Article, with regard to the social and environmental risks referred to in Annex X, point 2, and particularly in line with the international instruments referred to in Annex X, point 3 and 4.
Amendment 447 #
Proposal for a regulation
Article 39 – paragraph 8 – point b
Article 39 – paragraph 8 – point b
(b) amend the obligations on the economic operator referred to in paragraph 1 set out in paragraphs 2 to 4 in view of amendments to Regulation (EU) 2017/821 and changes to the due diligence recommendations set out in Annex Ithe internationally recognised due diligence standards in Annex X, point 4 to the OECD Due Diligence Guidance.
Amendment 515 #
Proposal for a regulation
Article 69 – paragraph 1 – introductory part
Article 69 – paragraph 1 – introductory part
1. Without prejudice to Article 66, where a Member State finds that a battery falling outside the scope of Article 68 is non-compliant with this Regulation or an economic operator has infringed an obligation set out in this Regulation, shall require the relevant economic operator to put an end to the non-compliance concerned. To facilitate this task, Member States shall establish easily accessible reporting channels for consumers on non- compliance. Such non compliances shall include the following:
Amendment 590 #
Proposal for a regulation
Annex X – point 1 – point e a (new)
Annex X – point 1 – point e a (new)
(e a) Copper
Amendment 591 #
Proposal for a regulation
Annex X – point 1 – point e b (new)
Annex X – point 1 – point e b (new)
(e b) Iron
Amendment 592 #
Proposal for a regulation
Annex X – point 1 – point e c (new)
Annex X – point 1 – point e c (new)
(e c) Bauxite
Amendment 593 #
Proposal for a regulation
Annex X – point 1 a (new)
Annex X – point 1 a (new)
1 a. Services, hardware and software
Amendment 594 #
Proposal for a regulation
Annex X – point 2 – point a
Annex X – point 2 – point a
(a) air (including but not limited to air pollution);
Amendment 595 #
Proposal for a regulation
Annex X – point 2 – point b
Annex X – point 2 – point b
(b) water (including but not limited to water contamination, access to water, water usage and depletion);
Amendment 596 #
Proposal for a regulation
Annex X – point 2 – point c
Annex X – point 2 – point c
(c) soil (including but not limited to soil contamination, soil erosion and land degradation);
Amendment 597 #
Proposal for a regulation
Annex X – point 2 – point d
Annex X – point 2 – point d
(d) biodiversity (including but not limited to damage to habitats, wildlife, flora and ecosystem services);
Amendment 601 #
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 603 #
Proposal for a regulation
Annex X – point 2 – point i a (new)
Annex X – point 2 – point i a (new)
(i a) climate change;
Amendment 604 #
Proposal for a regulation
Annex X – point 2 – point i b (new)
Annex X – point 2 – point i b (new)
(i b) waste treatment (including but not limited to mine tailings)
Amendment 609 #
Proposal for a regulation
Annex X – point 3 – point f a (new)
Annex X – point 3 – point f a (new)
(f a) The Paris Agreement;
Amendment 610 #
Proposal for a regulation
Annex X – point 3 – point f b (new)
Annex X – point 3 – point f b (new)
(f b) All international human rights conventions that are binding the European Union or its Member States, including the International Bill of Human Rights;
Amendment 611 #
Proposal for a regulation
Annex X – point 3 – point f c (new)
Annex X – point 3 – point f c (new)
(f c) International humanitarian law instruments, such as the Geneva Conventions and their additional protocols, as well as instruments defining obligations under international criminal law and arms control conventions;
Amendment 612 #
Proposal for a regulation
Annex X – point 3 – point f d (new)
Annex X – point 3 – point f d (new)
Amendment 613 #
Proposal for a regulation
Annex X – point 3 – point f e (new)
Annex X – point 3 – point f e (new)
(f e) Relevant regional human rights instruments, including the African Charter of Human and Peoples’ Rights, the American Convention on Human Rights, the European Convention on Human Rights, the European Social Charter, the Charter of Fundamental Rights of the European Union;
Amendment 614 #
Proposal for a regulation
Annex X – point 3 – point f f (new)
Annex X – point 3 – point f f (new)
(f f) National constitutions and laws recognising or implementing human rights;
Amendment 615 #
Proposal for a regulation
Annex X – point 3 a (new)
Annex X – point 3 a (new)
3 a. The internationally recognized due diligence principles applicable to the due diligence established under Art. 39 of this Regulation: a) UN Guiding Principles for Businesses and Human Rights; b) ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy; c) OECD Guidelines for Multinational Enterprises; d) ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy; e) OECD Due Diligence Guidance for Responsible Business Conduct; f) OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas.