Activities of Karin KARLSBRO related to 2020/0353(COD)
Plenary speeches (2)
Batteries and waste batteries (debate)
Batteries and waste batteries (debate)
Shadow reports (1)
REPORT 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 (221)
Amendment 242 #
Proposal for a regulation
Recital 10
Recital 10
(10) This Regulation should apply to all types of batteries and accumulators placed on the market or put into service within the Union, regardless if they were produced in the Union or imported, whether on their own or incorporated into appliances or otherwise supplied with electrical and electronic appliances and vehicles. This Regulation should apply regardless of whether a battery is specifically designed for a product or is of general use and regardless of whether it is incorporated into a product or is supplied together with or separately from a product in which it is to be used.
Amendment 243 #
Proposal for a regulation
Recital 12
Recital 12
(12) Within the Regulation’s wide scope, it is appropriate to distinguish between different categories of batteries in accordance with their design and use, independent of the battery chemistry. The classification into portable batteries, on one hand, and industrial batteries and automotive batteries on the other hand under Directive 2006/66/EC should be further developed to better reflect new developments in the use of batteries. Batteries that are used for traction in electric vehicles and which under Directive 2006/66/EC fall in the category of industrial batteries, constitute a large and growing part of the market due to the quick growth of electric road transport vehicles. It is therefore appropriate to classify those batteries that are used for traction in road vehicles as a new category of electric vehicle batteries. Batteries used for traction in other transport vehicles including rail, waterborne and aviation transport, continue to fall under the category of industrial batteries under this Regulation. Batteries used for traction in light means of transport, such as ebikes and scooters, were not clearly classified as batteries under Directive 2006/66/EC, and now constitute a significant part of the market due to their growing use in urban sustainable mobility. It is therefore appropriate to classify those batteries as a new category of batteries, namely light means of transport batteries. The industrial battery type encompasses a broad group of batteries, intended to be used for industrial activities, communication infrastructure, agricultural activities or generation and distribution of electric energy. In addition to this non exhaustive list of examples, any battery that is neither a portable battery nor a light means of transport battery nor an automotive battery nor an electric vehicle battery should be considered an industrial battery. Batteries used for energy storage in private or domestic environments. are considered industrial batteries for the purposes of this Regulation. Furthermore, in order to ensure that all batteries used in light means of transport, such as ebikes and scooters, are classified as portable batteries, it is necessary to clarify the definition of portable batteries and to introduce a weight limit for such batteries.
Amendment 248 #
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 rechargeablelight means of transport batteries, 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.
Amendment 263 #
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 rechargeablelight means of transport batteries, industrial batteries and electric vehicle batteries with internal storage and a capacity above 2 kWh 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 to each manufacturing plant and supply chain configuration for each battery model. Harmonising the technical rules for calculating the carbon footprint for all rechargeablelight means of transport batteries, industrial batteries and electric vehicle batteries with internal storage with a capacity above 2 kWh 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 264 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) The maximum lifecycle carbon footprint thresholds should be future proof and evolve progressively according to the best available manufacturing and production processes. Therefore, when adopting the delegated act determining the maximum life cycle carbon footprint threshold referred to in Article 7, paragraph 3, the European Commission must take into account the best available manufacturing and production process and ensure that the selected technical criteria are consistent with the objective of this Regulation to ensure that batteries placed on the EU market guarantee a high level of protection of human health, safety, property and the environment.
Amendment 275 #
Proposal for a regulation
Recital 21
Recital 21
(21) In order to take into account the risk of supply of cobalt, lead, lithium and nickel and to assess their availability, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amendingin view of technical and scientific progress and in the spirit of technology neutrality, the Commission shall regularly assess, whether it is appropriate to revise the targets for the minimum share of recycled cobalt, lead, lithium or nickel present in active materials in batteries and where appropriate submit a legislative proposal for that purpose.
Amendment 279 #
Proposal for a regulation
Recital 22
Recital 22
(22) In order to ensure uniform conditions for the implementation of the rules on calculating and verifying, per battery model and batch per manufacturing plant and supply chain configuration, the amount of cobalt, lead, lithium or nickel recovered from waste present in active materials in batteries and the information requirements for technical documentation, implementing powers should be conferred on the Commission.
Amendment 285 #
Proposal for a regulation
Recital 23
Recital 23
(23) Batteries placed on the Union market should be durable and highly performant. It is therefore necessary to set out performance and durability parameters for portable batteries of general use as well as for rechargeable industrial batteries and electric vehicle batteries. For electric vehicle batteries, the informal UNECE Working Group on Electric Vehicles and the Environment is developing in-vehicle durability requirements, so this Regulation is refraining from setting additional durability requirements. On the other hand, in the area of batteries for energy storage, existing measurement methodempowers the Commission to adopt delegated acts to strengthen and/or extend the durability requirements tso test battery performance and durability are not considered sufficiently precise and representative to enable introducing minimum requirementshat they are aligned or complementary to the ones which might be introduced by the UNECE Working Group. The introduction of minimum requirements related to performance and durability of these batteries should be accompanied by available adequate harmonised standards or common specifications.
Amendment 288 #
Proposal for a regulation
Recital 24
Recital 24
(24) In order to reduce the life cycle environmental impact batteries, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the performance and durability parameters and establishing minimum values for those parameters for portable batteries of general use and for rechargeable industrial batteries.
Amendment 295 #
Proposal for a regulation
Recital 26
Recital 26
(26) In order to ensure that portable batteries incorporated into appliances are subject to proper separate collection, treatment and high quality recycling once they have become waste, provisions to ensure their removability and replaceability in such appliances are necessary, taking into consideration the differing nature and specific safety requirements for the different categories of batteries. Used batteries should also be replaceable so as to prolong the expected lifetime of the appliances they are part of. The general provisions of this Regulation may be complemented with requirements set up for particular products powered by batteries under implementing measures under Directive 2009/125/EC of the European Parliament and of the Council33 . Where other Union legislation lays down more specific requirements, for safety reasons, regarding the removal of batteries from products (e.g. toys), those specific rules should apply. __________________ 33Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (OJ L 285, 31.10.2009, p. 10).
Amendment 310 #
Proposal for a regulation
Recital 30
Recital 30
(30) RechargeableLight means of transport batteries, industrial batteries and electric-vehicle batteries with internal storage with a capacity above 2 kWh should contain a battery management system that stores data so that the state of health, safety 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 read-only data from 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 320 #
Proposal for a regulation
Recital 64
Recital 64
(64) When putting in place a risk-based due diligence policy, it should be based on internationally recognised due diligence principles in the United Nations Guiding Principles on Business and Human Rights 39a, the Ten Principles of the United Nations Global Compact40 , the Guidelines for Social Life Cycle Assessment of Products41 , the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy42 , the OECD Guidelines for Multinational Enterprises and the OECD Due Diligence Guidance for Responsible Business Conduct (RBC)43 , which reflect a common understanding amongst governments and stakeholders, and should be tailored to the specific context and circumstances of each economic operator. In relation to the extraction, processing and trading of natural mineral resources used for battery production, the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict- Affected and High-Risk Areas44 (‘OECD Due Diligence Guidance’) represents a long-standing effort by governments and stakeholders to establish good practice in this area. __________________ 39a The United Nations Guiding Principles on Business and Human Rights, available at https://www.ohchr.org/documents/publica tions/guidingprinciplesbusinesshr_en.pdf 40The Ten Principles of the UN Global Compact, available at https://www.unglobalcompact.org/what-is- gc/mission/principles 41UNEP Guidelines for social life cycle assessment of products, available at https://www.lifecycleinitiative.org/wp- content/uploads/2012/12/2009%20- %20Guidelines%20for%20sLCA%20- %20EN.pdf 42 Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, available at https://www.ilo.org/wcmsp5/groups/public /---ed_emp/---emp_ent/--- multi/documents/publication/wcms_09438 6.pdf 43 OECD (2018), OECD Due Diligence Guidance for Responsible Business Conduct, available at http://mneguidelines.oecd.org/OECD-Due- Diligence-Guidance-for-Responsible- Business-Conduct.pdf 44OECD (2016), OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas: Third Edition, OECD Publishing, Paris, https://doi.org/10.1787/9789264252479-en.
Amendment 331 #
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 334 #
Proposal for a regulation
Recital 82 a (new)
Recital 82 a (new)
(82a) The collection rate for light means of transport should be calculated according to a new available collection methodology which the Commission, in accordance with Article 290 of the Treaty on the Functioning of the European Union, shall present.
Amendment 335 #
Proposal for a regulation
Recital 83
Recital 83
(83) All automotive, industrial and electric vehicles batteries should be collected, and the collection rate calculated using the new available for collection method referred to in Recital 82a, 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 339 #
Proposal for a regulation
Recital 88
Recital 88
(88) Industrial and electric vehicle bBatteries 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. 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 348 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall apply to all batteries, namely portable batteries, light means of transport batteries, automotive batteries, electric vehicle batteries and industrial batteries, including stationary battery energy storage systems, 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 352 #
Proposal for a regulation
Article 1 – paragraph 3 – point b a (new)
Article 1 – paragraph 3 – point b a (new)
(ba) equipment qualified for the safety of nuclear installations (as defined in Article 3 of Council Directive 2009/71/Euratom)
Amendment 354 #
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. With the exclusion of article 39 and chapter VII, this regulation shall not apply to batteries designed before the entry into force of this regulation, intended to be used: (a) as spare parts for equipment which the producer can prove were produced before the entry into force of this regulation, or (b) for safety-sensitive applications which the producer can prove were produced before the entry into force of this regulation;
Amendment 356 #
Proposal for a regulation
Article 1 – paragraph 3 b (new)
Article 1 – paragraph 3 b (new)
3b. With the exclusion of article 39 and chapter VII, this regulation shall not apply to batteries which the producer can prove were produced before the entry into force of this regulation.
Amendment 362 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
Amendment 364 #
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 368 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7 – indent 4
Article 2 – paragraph 1 – point 7 – indent 4
— is neither a light means of transport battery, an electric vehicle battery nor an automotive battery;
Amendment 372 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
(8) ‘portable batteries of general use’ means portable batteries with the following common formats: 4,5 Volts (3R12), D, C, AA, AAA, AAAA, A23, 9 Volts (PP3) and button cells;
Amendment 376 #
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 travel battery’ means any battery in moving vehicles that can be powered by the electric motor alone or by a combination of motor and human power, including vehiclers are seated when the vehicle is moving and that can be powered by the electric motor alone or by a combination of motor and human power; exempted from type-approval legislation and vehicles of type-approved categories L1 to L2 provided for in Regulation (EU) No 168/2013 and with a weight below 25 kg;
Amendment 380 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘automotive battery’ means any battery used only for automotive and non-road mobile machinery starter, lighting or ignition power and any other supporting function in the vehicle;
Amendment 388 #
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
(11) ‘industrial battery’ means any battery designed for industrial uses and any other battery excluding portable, including all stationary battery energy storage systems, excluding portable batteries, light means of transport batteries, electric vehicle batteries and automotive batteries;
Amendment 392 #
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘electric vehicle battery’ means any battery specifically designed to provide traction to hybrid and electric vehicles for road transport, designated as categories L3 to L7 as defined in Regulation (EU) No 168/2013, with a weight above 25 kg, or categories M, N or O as defined in Regulation (EU) No 2018/858, or the T categories as defined in Regulation (EU) No 167/2013 or the category for the non-road mobile machinery as defined in regulation (EU) No 2016/1628;
Amendment 396 #
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘stationary battery energy storage system’ means a rechargeable industrial battery with internal storage specifically designed to store and deliver electric energy into thean electricity grid, regardless of where and by whom this battery is being used;
Amendment 402 #
Proposal for a regulation
Article 2 – paragraph 1 – point 20 a (new)
Article 2 – paragraph 1 – point 20 a (new)
(20a) ‘battery removability and replaceability’ means non-destructive disassembly, or reversible extraction of the battery pack or modules from the device or constituent components without functional damage that would preclude reassembly, re-use, repurposing or remanufacturing.
Amendment 408 #
Proposal for a regulation
Article 2 – paragraph 1 – point 22
Article 2 – paragraph 1 – point 22
(22) ‘battery management system’ means an electronic device that controls or manages the electric and thermal functions of the battery, that manages and stores the data on the parameters for determining the safety, state of health and expected lifetime of batteries laid down in Annex VII and that communicates with the vehicle or appliance in which the battery is incorporated;
Amendment 409 #
Proposal for a regulation
Article 2 – paragraph 1 – point 26 a (new)
Article 2 – paragraph 1 – point 26 a (new)
(26a) ‘remanufacturing’ means any process involving dismantling, restoring and replacing components of a battery, battery packs, battery modules and/or battery cells and testing the individual parts and the whole product to return a battery to a level of performance equivalent to that of a new battery, for the original or a different purpose;
Amendment 413 #
Proposal for a regulation
Article 2 – paragraph 1 – point 36
Article 2 – paragraph 1 – point 36
(36) ‘supply 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 production of the battery, including sourcing, processing and trading of the raw materialschemicals and raw materials, both primary and secondary, required for battery manufacturing;
Amendment 416 #
Proposal for a regulation
Article 2 – paragraph 1 – point 39
Article 2 – paragraph 1 – point 39
(39) ‘waste battery’ means any battery or battery cell which is waste within the meaning of Article 3(1) of Directive 2008/98/EC;
Amendment 423 #
Proposal for a regulation
Article 2 – paragraph 1 – point 42
Article 2 – paragraph 1 – point 42
(42) ‘treatment’ means any activity carried out on waste batteries after they have been handed over to a facility for sorting or preparation for re-use, repurposing, remanufacturing or recycling;
Amendment 434 #
Proposal for a regulation
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
The Commission shall set up a regularly updated electronic database for the various batteries belonging to the categories laid down in points (7)-(12) of this Article to support clear and coherent implementation of the Regulation.
Amendment 440 #
Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(ba) the due diligence requirements set out in Article 39.
Amendment 442 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. For any aspects not covered by Chapters II and III and article 39, batteries shall not present a risk to human health, to safety, to property or to the environment.
Amendment 464 #
Proposal for a regulation
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5a. The Commission shall within 6 months of the adoption of any revision of Regulation (EC) No 1907/2006, or of any new relevant legislation relating to sustainability criteria for hazardous substances and chemicals, adopt a delegated act in accordance with Article 73 of this Regulation to guarantee alignment with this article and Article 71 with the revision of Regulation (EC) No 1907/2006 or with any new relevant legislation relating to sustainability criteria for hazardous substances and chemicals.
Amendment 466 #
Proposal for a regulation
Article 7 – title
Article 7 – title
Carbon footprint of light means of transport batteries electric vehicle batteries and rechargeable industrial batteries
Amendment 482 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – introductory part
Article 7 – paragraph 1 – subparagraph 1 – introductory part
1. ELight means of transport batteries, electric vehicle batteries and rechargeable industrial batteries with internal storage and a capacity above 2 kWh shall be accompanied by technical documentation that includes, for each battery model and batch per manufacturing plant and supply chain configuration, a carbon footprint declaration drawn up in accordance with the delegated act referred to in the second sub-paragraph and containing, at least, the following information:
Amendment 490 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point e a (new)
Article 7 – paragraph 1 – subparagraph 1 – point e a (new)
(ea) the carbon footprint intensity, calculated as kg of carbon dioxide equivalent per kWh of produced battery capacity;
Amendment 492 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point e b (new)
Article 7 – paragraph 1 – subparagraph 1 – point e b (new)
(eb) the energy intensity calculated as the ratio of kWh of energy input per kWh of produced battery capacity;
Amendment 495 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
The carbon footprint declaration requirement in the first subparagraph shall apply as of 1 July 2024 to[12 months after the adoption of both the delegated and implementing acts referred to in the subparagraph below] and no later than 1 July 2024 to light means of transport batteries electric vehicle batteries and to rechargeable industrial batteries.
Amendment 509 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 3 – introductory part
Article 7 – paragraph 1 – subparagraph 3 – introductory part
The Commission shall, no later than 1 Julanuary 2023, adopt:
Amendment 516 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 4
Article 7 – paragraph 1 – subparagraph 4
The Commission shall, in view of scientific and technical progress or to ensure technology neutrality and following economic and environmental impact assessments, be empowered to adopt delegated acts in accordance with Article 73 to amend the information requirements set out in the first subparagraph.
Amendment 522 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
Amendment 527 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3
Article 7 – paragraph 2 – subparagraph 3
The carbon footprint performance class requirements in the first subparagraph shall apply as of 1 January 2026 for[12 months after the adoption of both the delegated and implementing acts referred to in the subparagraph below] and no later than 1 January 2026 for light means of transport batteries, electric vehicle batteries and for rechargeable industrial batteries.
Amendment 542 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 4 – introductory part
Article 7 – paragraph 2 – subparagraph 4 – introductory part
The Commission shall, no later than 31 DecemberJuly 2024, adopt
Amendment 554 #
Proposal for a regulation
Article 7 – paragraph 3 – introductory part
Article 7 – paragraph 3 – introductory part
3. ELight means of transport, electric vehicle batteries and rechargeable industrial batteries with internal storage and a capacity above 2 kWh shall, for each battery model and batch per manufacturing plant and supply chain configuration, 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 557 #
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 July 2027 for[12 months after the adoption of both the delegated and implementing acts referred to in the subparagraph below] and no later than 1 July 2027 for light means of transport batteries, electric vehicle batteries and for rechargeable industrial batteries.
Amendment 569 #
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2
Article 7 – paragraph 3 – subparagraph 2
The Commission shall, no later than 1 Julanuary 2026, 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 580 #
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a) The Commission shall, by 31 December 2030, through a review taking into account the environmental and economic effects of possibly extending the requirements in this article to portable batteries, excluding portable batteries of general use. To this 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 583 #
Proposal for a regulation
Article 8 – title
Article 8 – title
Recycled content in industrial batteries, electric vehicle batteries and automotive batteriesxcluding portable batteries of general use
Amendment 588 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. From 1 January 2027, industrial batteries, electric vehicle batteries and automotiv2 months after the adoption of the implementing act referred to in the second subparagraph and no later than 1 July 2025, all batteries, excluding portable batteries with intof genernal storage and a capacity above 2 kWhuse, 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 and supply chain configuration.
Amendment 593 #
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 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 609 #
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. From 1 January 2030, industriall batteries, electric vehicle batteries and automotivxcluding portable batteries with intof genernal storage and a capacity above 2 kWhuse, 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 and supply chain configuration:
Amendment 636 #
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. From 1 January 2035, industriall batteries, electric vehicle batteries and automotivxcluding portable batteries with intof genernal storage and a capacity above 2 kWhuse, 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 and supply chain configuration:
Amendment 644 #
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 2027, a delegated act in accordance with Article 73, to amend theFollowing the establishment of the methodology referred to in paragraph 1, the Commission shall regularly assess, and by 31 December 2027 present economic and environmental impact assessments of, whether due to the availability of cobalt, lead, lithium or nickel recovered from waste and a prognosis of end-of-life batteries available for recycling, in view of technical and scientific progress and in the spirit of technology neutrality, it is justified to revise the list of materials and targets laid down in paragraphs 2 and 3ticle 8, and, where appropriate, shall submit a legislative proposal to the Council and the European Parliament for that purpose.
Amendment 656 #
Proposal for a regulation
Article 9 – title
Article 9 – title
Performance and durability requirements for portable batteries of general use
Amendment 658 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. From 12 months after the adoption of the implementing act referred to in the second paragraph and no later than 1 January 2027, portable batteries of general use 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 662 #
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. By 31 DecemberJuly 2025, 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 Annex III that the different types of portable batteries and portable batteries of general use shall attain.
Amendment 664 #
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 amstrengthen and/or extend the electrochemical performance and durability parameters laid down in Annex III in view of technical and scientific progress and to ensure technology neutrality.
Amendment 666 #
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 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 affordabilit nor on the industry’s competitiveness and that it does lead to more resource efficiency and the cost efficiency for end-users and the industry’s competitiveness. The delegated act must respect technology neutrality. No excessive administrative burden shall be imposed on manufacturers of the batteries and the appliances concerned.
Amendment 670 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. By 31 December 2030, the Commission shall assess the feasibility of measures to phase out the use of non- rechargeable portable batteries of general use in view of minimising their environmental impact based on the life cycle assessment methodology, taking into account the functionality of those batteries and the appliances in which those batteries are used as well as the cost-efficiency and possible alternatives for end-users. To that end, the Commission shall submit a report to the European Parliament and to the Council and consider taking the appropriate measures, such as setting ecodesign requirements for specific products, including the adoption of legislative proposals.
Amendment 680 #
Proposal for a regulation
Article 10 – title
Article 10 – title
Performance and durability requirements for rechargeable industrial batteries and, electric vehicle batteries and light means of transport batteries
Amendment 693 #
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 light means of transport batteries 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 699 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. From 1 January 2026, rechargeable industrial batteries with internal storage and a capacity above 2 kWh shall meet the minimum values, electric vehicle batteries and light means of transport batteries shall meet the minimum values for the specific battery type 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 706 #
Proposal for a regulation
Article 10 – paragraph 3 – introductory part
Article 10 – paragraph 3 – introductory part
3. By 31 December 2024, 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, electric vehicle batteries and light means of transport batteries shall attain.
Amendment 708 #
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, electric vehicle batteries and light means of transport batteries 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 i nor on the industry’s competitiveness and that it does lead to more resource efficiency and cost efficiency for end-ustry’s competitivenessers. The delegated act must respect technology neutrality. No excessive administrative burden shall be imposed on manufacturers of the batteries and the appliances concerned.
Amendment 712 #
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a) The Commission is empowered to adopt delegated acts in accordance with Article 73 to strengthen and/or extend the electrochemical performance and durability parameters laid down in Annex IV in view of technical and scientific progress, to ensure technology neutrality and to make sure that the requirements for electrical vehicle batteries are complementary to or aligned with any technical specifications that may originate from the work of the informal UNECE Working Group on Electric Vehicles and the Environment.
Amendment 714 #
Proposal for a regulation
Article 11 – title
Article 11 – title
Removability and replaceability of portable batteries and light means of transport batteries
Amendment 717 #
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. Portable batteries and light means of transport batteries incorporated in appliances shall be readily removable and replaceable by the end-user or by independent operators, which has to be authorised for light means of transport batteries, 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 729 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
A battery is readily replaceable where,n: (a) there are clear, easily understandable and publicly available instructions on how to remove and replace the battery (b) it is easily accessible and removable with commonly available tools, whenever mechanically and safely possible (c) after its removal from an appliance, it can be substituted by a similar battery from any producer, without affecting the functioning or the performance of that appliance. , performance and safety of the appliance or damaging the battery (d) the process of replacing the battery do not preclude the reassembly, re-use, repurposing or the remanufacturing of the appliance
Amendment 742 #
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a) Appliances with portable batteries and light means of transport batteries which can be proven to have been produced before the adoption of the regulation will be exempt from article 11 for 5 years after the adoption of the regulation.
Amendment 749 #
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1 (new)
Article 11 – paragraph 2 – subparagraph 1 (new)
In these cases, the products shall be equipped with an easily understandable label informing about the non- replaceability of the battery.
Amendment 757 #
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11 a Removability and replaceability of electric vehicle batteries and industrial batteries 1. Industrial batteries, automotive batteries and electric vehicle batteries shall be readily removable and replaceable, if the battery have a shorter lifetime than the appliance or vehicle it is used in, by qualified independent authorised operators which shall have non-discriminatory easy access to information on how to safely do this. 2. Electric vehicle batteries and industrial batteries containing several cells shall be modular by design to enable the removability and replaceability of the case, control electronics or individual battery cells without harming the battery. 3. The battery management system of electric vehicle batteries and industrial batteries must be able continue to function after the case, control electronics or individual battery cells has been replaced according to the producer instructions. 4. There must not be any impediments in the electrical vehicle, in the electrical vehicle battery or in the industrial battery to the replacement of the original battery or battery component with another compatible brand of battery or battery component.
Amendment 763 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. From [12 months after the adoption of the implementing act referred to in paragraph 7] and no later than 1 January 2027, batteries shall be marked with a label containing the information laid down in Part A of Annex VI.
Amendment 765 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. From 1 January 2027, portable2 months after the adoption of the implementing act referred to in paragraph 7 and no later than 1 January 2027, portable batteries, light means of transport batteries and automotive batteries shall be marked with a label containing information on their capacity and portable batteries and light means of transport batteries shall be marked with a label containing information on their minimum average duration when used in specific applications.
Amendment 780 #
Proposal for a regulation
Article 13 – paragraph 5 – introductory part
Article 13 – paragraph 5 – introductory part
5. Batteries and battery cells shall be marked with a QR code in accordance with Part C of Annex VI which shall provide access to the following information:
Amendment 782 #
Proposal for a regulation
Article 13 – paragraph 5 – point a a (new)
Article 13 – paragraph 5 – point a a (new)
(aa) from 12 months after the adoption of the implementing act referred to in paragraph 7 and no later than 1 January 2027, for all batteries the information laid down in Part Aa of Annex VI;
Amendment 784 #
Proposal for a regulation
Article 13 – paragraph 5 – point b
Article 13 – paragraph 5 – point b
(b) from 1 January 2027, for portable, light means of transport and automotive batteries the information referred to in paragraph 2;
Amendment 791 #
Proposal for a regulation
Article 13 – paragraph 5 – point e
Article 13 – paragraph 5 – point e
(e) from [12 months after the entry into force of this Regulation], for rechargeable industrial batteries and electric vehicleall batteries the report referred to in Article 39(6);
Amendment 793 #
Proposal for a regulation
Article 13 – paragraph 5 – point e a (new)
Article 13 – paragraph 5 – point e a (new)
(ea) from [48 months after the entry into force of the regulation], for light means of transport, electric vehicle, and industrial batteries give access to the battery passport referred to in Article 65;
Amendment 794 #
Proposal for a regulation
Article 13 – paragraph 5 – point f
Article 13 – paragraph 5 – point f
(f) from 1 July 2024, for2 months after the adoption of both the delegated and implementing acts referred to in Article 7(1) and no later than 1 July 2024, for light means of transport, electric vehicle batteries and for rechargeable industrial batteries with internal storage and a capacity above 2 kWh the carbon footprint declaration referred to in Article 7(1);
Amendment 801 #
Proposal for a regulation
Article 13 – paragraph 5 – point g
Article 13 – paragraph 5 – point g
(g) from 12 months after the adoption of both the delegated and implementing acts referred to in Article 7(2) and no later than 1 January 2026, 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 806 #
Proposal for a regulation
Article 13 – paragraph 5 – point h
Article 13 – paragraph 5 – point h
(h) from 1 January 2027, for rechargeable industrial batteries, automotive batteries and electric vehic2 months after the adoption of the implementing act referred in Article 8(1) and no later than 1 July 2025, for all batteries, excluding portable batteries with intof genernal storage and a capacity above 2 kWhuse, that contain cobalt, lead, lithium or nickel the amount and share of cobalt, lead, lithium or nickel recovered from waste and present in active materials in the battery, in accordance with Article 8;
Amendment 810 #
Proposal for a regulation
Article 13 – paragraph 5 a (new)
Article 13 – paragraph 5 a (new)
5a) When a battery is re-used, repurposed or remanufactured and placed on the market for second-life the label on the battery, or battery cells, will be removed by the operator conducting the treatment and replaced with a label with that operators name, registered trade name or trade mark clearly showing its second-life status.
Amendment 812 #
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
6. Labels and QR code referred to in paragraphs 1 to 5 shall be printed or engraved visibly, legibly and indelibly on the battery, except for the company name which must be changeable when a battery is repurposed or remanufactured, on the battery, and where possible, for batteries incorporated into an appliance, also printed or engraved on the appliance. Where this is not possible or not warranted on account of the nature and size of the battery, labels shall be affixed to the packaging and to the documents accompanying the battery.
Amendment 819 #
Proposal for a regulation
Article 13 – paragraph 6 a (new)
Article 13 – paragraph 6 a (new)
6a) The Commission is empowered to adopt delegated acts in accordance with Article 73 to provide for alternative types of smart labels instead or in combination with the QR-code in view of technological progress in this area.
Amendment 821 #
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. The Commission shall, by 31 DecemberJuly 2025, adopt implementing acts to establish harmonised specifications for the labelling requirements referred to in paragraphs 1 and 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(3).
Amendment 828 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Rechargeable iIndustrial batteries and, electric vehicle batteries with internal storage and a capacity above 2 kWhand light means of transport batteries shall include a battery management system containing data on the parameters for determining the state of health, safety and expected lifetime of batteries as laid down in Annex VII.
Amendment 829 #
Proposal for a regulation
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
2. ARead-only access to the data in the battery management system in industrial batteries, electric vehicle batteries and light means of transport batteries, and when present in portable batteries, 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 for the purpose of:
Amendment 835 #
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a) Member States shall ensure that vehicle manufacturers make available, in real-time, in-vehicle data related to the battery state of health, battery state of charge, battery power set point, battery capacity.
Amendment 836 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The provisions of this Article shall apply in addition to those laid down in Union law on type approval of vehiclesCommission is empowered to adopt delegated acts in accordance with Article 73 to introduce further parameters for determining the state of health and expected lifetime of batteries for electric vehicles batteries, as possibly indicated by the UNECE Informal Working Group on Electric Vehicles and the Environment.
Amendment 841 #
Proposal for a regulation
Article 38 – paragraph 1 – point b a (new)
Article 38 – paragraph 1 – point b a (new)
(ba) comply with the supply chain due diligence obligations set out in Article 39.
Amendment 842 #
Proposal for a regulation
Article 38 – paragraph 4 – subparagraph 1
Article 38 – paragraph 4 – subparagraph 1
However, where several batteries are delivered simultaneously to a single user, the batch or consignment concerned may be accompanied by a single copy of the EU declaration of conformity.
Amendment 848 #
Proposal for a regulation
Article 39 – title
Article 39 – title
Obligation for economic operators that place rechargeable industrial batteries and electric-vehicle batteries with internal storage and a capacity above 2 kWhbatteries on the market to establish supply chain due diligence policies
Amendment 853 #
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 kWhbatteries on the market shall comply with the supply chain due diligence 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 860 #
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 battery production supply chain, including a dedicated due diligence policy for the supply chain of raw materials indicated in Annex X, point 1, starting at the point of extraction of raw materials;
Amendment 866 #
Proposal for a regulation
Article 39 – paragraph 2 – point b
Article 39 – paragraph 2 – point b
(b) incorporate in its supply chain policy standards consistent with the standards set out in the model supply chain policy in Annex II to the OECD Due Diligence Guidance, the UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises;
Amendment 873 #
Proposal for a regulation
Article 39 – paragraph 2 – point d – subparagraph 1 – introductory part
Article 39 – paragraph 2 – point d – subparagraph 1 – introductory part
Such a system shall be supported by documentation that provides at least the following information:
Amendment 875 #
Proposal for a regulation
Article 39 – paragraph 2 – point d – subparagraph 1 – point iv a (new)
Article 39 – paragraph 2 – point d – subparagraph 1 – point iv a (new)
(iva) any other relevant information for the purpose of the identification of risks listed in Annex X, Point 2.
Amendment 877 #
Proposal for a regulation
Article 39 – paragraph 2 – point d – subparagraph 2
Article 39 – paragraph 2 – point d – subparagraph 2
Amendment 891 #
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 listed in Annex X, point 2, in its supply chain on the basis of the information provided pursuant to paragraph 2 against the standards of their supply chain policy and against other relevant information provided to the producer by stakeholders, including affected communities and relevant civil society organisations;
Amendment 895 #
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 II to the OECD Due Diligence Guidance, the UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises, considering their ability to influence, and where necessary take steps to exert pressure on suppliers who can most effectively prevent or mitigate the identified risk;
Amendment 939 #
Proposal for a regulation
Article 39 – paragraph 7 a (new)
Article 39 – paragraph 7 a (new)
7a. The Commission shall within [6 months of the adoption of the upcoming Directive on Sustainable Corporate Governance and Due Diligence] adopt a delegated act in accordance with Article 73 to align the requirements in this article and in Annex X with the requirements set out in the [new directive]. Any additional due diligence requirements on economic operators placing batteries on the market in this regulation needed to maintain the ambition of the regulation should be complimentary to the requirements of the [new directive] and must lead to as little extra burden on these operators as possible.
Amendment 943 #
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 I to the OECD Due Diligence Guidance, the UN Guiding Principles on Business or the Human Rights and OECD Guidelines for Multinational Enterprises.
Amendment 947 #
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. Importers shall only place on the market or put into service a battery which is compliant with the requirements of Chapters II and III and Article 39.
Amendment 949 #
Proposal for a regulation
Article 41 – paragraph 2 – subparagraph 1
Article 41 – paragraph 2 – subparagraph 1
Where an importer considers or has reason to believe that a battery is not in conformity with the requirements set out in Chapters II and III and Article 39, the importer shall not place it on the market or put it into service until it has been brought into conformity. Furthermore, where the battery presents a risk, the importer shall inform the manufacturer and the market surveillance authorities to that effect.
Amendment 954 #
Proposal for a regulation
Article 41 – paragraph 7
Article 41 – paragraph 7
7. Importers who consider or have reason to believe that a battery, which they have placed on the market or put into service, is not in conformity with the requirements set out in Chapters II and III and Article 39, shall immediately take the corrective action necessary to bring that battery into conformity, to withdraw it or recall it, as appropriate. Furthermore, where the battery presents a risk, importers shall immediately inform the national authority of the Member State in which they made the battery available on the market to that effect, giving details, in particular, of the non-compliance and of any corrective action taken.
Amendment 956 #
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
3. Where a distributor considers or has reason to believe that a battery is not in conformity with the requirements set out in Chapters II and III and Article 39, the distributor shall not make the battery available on the market until it has been brought into conformity. Furthermore, where the battery presents a risk, the distributor shall inform the manufacturer or the importer to that effect as well as the relevant market surveillance authorities.
Amendment 957 #
Proposal for a regulation
Article 42 – paragraph 5
Article 42 – paragraph 5
5. Distributors who consider or have reason to believe that a battery, which they have made available on the market, is not in conformity with the requirements set out in Chapters II and III and Article 39 shall make sure that the corrective action necessary to bring that battery into conformity, to withdraw it or recall it, as appropriate, are taken. Furthermore, where the battery presents a risk, distributors shall immediately inform the national authority of the Member States in which they made the battery available on the market to that effect, giving details, in particular, of the non-compliance and of any corrective action taken.
Amendment 959 #
Proposal for a regulation
Article 42 – paragraph 6
Article 42 – paragraph 6
6. Distributors shall, further to a reasoned request from a national authority provide it with all the information and the technical documentation necessary to demonstrate the conformity of a battery with the requirements set out in Chapters II and III and Article 39 in a language that can be easily understood by that authority. That information and the technical documentation shall be provided in paper or electronic form. Distributors shall cooperate with the national authority, at its request, on any action taken to eliminate the risks posed by batteries that they have made available on the market.
Amendment 961 #
Proposal for a regulation
Article 46 – paragraph 2 – subparagraph 2 – point d
Article 46 – paragraph 2 – subparagraph 2 – point d
(d) the type of batteries that the producer intends to make available on the market for the first time within the territory of a Member State, namely portable batteries, light means of transport batteries, industrial batteries, electric vehicle batteries, or automotive batteries;
Amendment 964 #
Proposal for a regulation
Article 46 – paragraph 2 – subparagraph 2 – point f – introductory part
Article 46 – paragraph 2 – subparagraph 2 – point f – introductory part
(f) information on how the producer meets its responsibilities set out in Article 47 and the requirements under Article 48, Article 48a and Article 49 respectively:
Amendment 965 #
Proposal for a regulation
Article 46 – paragraph 2 – subparagraph 2 – point f – point i – introductory part
Article 46 – paragraph 2 – subparagraph 2 – point f – point i – introductory part
(i) for portable batteries and light means of transport batteries, the requirements of this point (f) shall be met by providing:
Amendment 973 #
Proposal for a regulation
Article 47 – paragraph 1 – point c
Article 47 – paragraph 1 – point c
(c) promote the separate collection of batteries, including by covering the costs of and regularly carrying out surveys to identify batteries discarded inappropriately by end- users in accordance with Article 48(1);
Amendment 974 #
Proposal for a regulation
Article 47 – paragraph 1 – point c a (new)
Article 47 – paragraph 1 – point c a (new)
(ca) take measures, in coordination with the concerned Member State, to create incentives for end-users to fulfil their responsibility to correctly dispose of their waste batteries in the separate collection systems, including by means of education, economic incentives and where needed propose initiatives for regulation
Amendment 980 #
Proposal for a regulation
Article 47 – paragraph 5
Article 47 – paragraph 5
5. Where, in accordance with Articles 48(2), 48a(2), 49(3), 53(1), 56(1), and paragraphs 1, 2 and 3 of Article 61, activities to carry out obligations referred to in points (a) to (d) of paragraph 1 are carried out by a third party other than a producer or a producer responsibility organisation, the costs to be covered by producers shall not exceed the costs that are necessary to provide those activities in a cost-efficient way. Such costs shall be established in a transparent way between the producers and the third parties concerned and adjusted to take account of any revenues from reuse and from sales of secondary raw materials from the batteries and waste batteries.
Amendment 987 #
Proposal for a regulation
Article 47 – paragraph 12 a (new)
Article 47 – paragraph 12 a (new)
12a. When a battery reaches an operator carrying out re-use, repurposing or remanufacturing of batteries the extended producer responsibility for the battery will be transferred from the producer to that operator.
Amendment 991 #
Proposal for a regulation
Article 48 – paragraph 3
Article 48 – paragraph 3
3. End users, when discarding waste portable batteries at collection points referred to in paragraph 2, shall always be able to return any waste portable battery at any collection point and not be charged or be obliged to buy a new battery.
Amendment 992 #
Proposal for a regulation
Article 48 – paragraph 3 a (new)
Article 48 – paragraph 3 a (new)
3a. 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 of general use, calculated as percentages of the portable batteries of general use 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: (a) 55 % by 31 December 2023; (b) 75 % by 31 December 2025; (c) 80 % by 31 December 2030. Producers or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf, shall calculate the collection rate referred to in this paragraph in accordance with Annex XI.
Amendment 993 #
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, excluding waste portable batteries of general use, calculated as percentages of the portable batteries, excluding portable batteries from light means of transportof general use, 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 999 #
Proposal for a regulation
Article 48 – paragraph 4 – point a
Article 48 – paragraph 4 – point a
(a) 455 % by 31 December 2023 ;
Amendment 1002 #
Proposal for a regulation
Article 48 – paragraph 4 – point b
Article 48 – paragraph 4 – point b
(b) 675 % by 31 December 2025;
Amendment 1009 #
Proposal for a regulation
Article 48 – paragraph 4 – point c
Article 48 – paragraph 4 – point c
(c) 780 % by 31 December 2030.
Amendment 1017 #
Proposal for a regulation
Article 48 a (new)
Article 48 a (new)
Amendment 1022 #
Proposal for a regulation
Article 49 – paragraph 1 – point b a (new)
Article 49 – paragraph 1 – point b a (new)
(ba) independent authorised operators carrying out re-use, remanufacturing or repurposing treatment of automotive, industrial and electric vehicles batteries;
Amendment 1025 #
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, where appointed in accordance with Article 47(2), producer responsibility organisations, to take back those batteries shall include covering the costs of dismantling and collecting waste batteries at the premises of those users.
Amendment 1033 #
Proposal for a regulation
Article 49 – paragraph 4 a (new)
Article 49 – paragraph 4 a (new)
4a. Producers or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf, shall attain, and maintain durably at the latest by 31 December 2025, a 100 % collection target for waste automotive, industrial and electric vehicle batteries calculated as percentages of the number of the automotive, industrial and electric vehicle batteries available for collection in a Member State of the number of automotive, industrial and electric vehicle batteries placed 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. Producers or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf, shall calculate the collection rate referred to in this paragraph in accordance with Annex XIa.
Amendment 1036 #
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
1. Distributors shall take back all waste batteries from the end-user at no charge and without an obligation to buy a new battery, regardless of their chemical composition or origin. Take back for portable and light means of transport batteries shall be provided at or in the immediate vicinity of their retail outlet. Take back for waste automotive batteries, industrial batteries and electric vehicle batteries shall be provided at or in the vicinity of their retail outlet. This obligation is limited to the types of waste batteries which the distributor has, or had, as new batteries in its offer and, for portable batteries, to the quantity that non professional end-users normally discard.
Amendment 1038 #
Proposal for a regulation
Article 50 – paragraph 3
Article 50 – paragraph 3
3. Distributors shall hand over waste batteries that they have taken back to the producers or producer responsibility organisations who are responsible for the collection of those batteries in accordance with Articles 48, 48a and 49 respectively, or to an authorised waste management operator with a view to their treatment and recycling in accordance with Article 56. Established Extended Producer Responsibility recycling systems in Member States should be allowed to continue operating if they fulfil the objectives set out in this regulation;
Amendment 1040 #
Proposal for a regulation
Article 50 – paragraph 4
Article 50 – paragraph 4
4. The obligations under this article shall apply mutatis mutandis to operators supplying batteries by means of distance contracts to end users. Those operators shall provide for a sufficient number of collection points covering the whole territory of a Member State and taking into account population size and density, expected volume of waste automotive, industrial and electric vehicle batteries, accessibility and vicinity to end users allowing end users to return batteries.
Amendment 1043 #
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. End users shall discard waste batteries in designated separate collection points set up by or in accordance with the specific arrangements concluded with the producer or a producer responsibility organisation, in accordance with Articles 48, 48a and 49.
Amendment 1044 #
Proposal for a regulation
Article 51 – paragraph 4 a (new)
Article 51 – paragraph 4 a (new)
4a. Producers or, where appointed in accordance with Article 47(2), producer responsibility organisations, shall, in coordination with the concerned Member State take measures to create incentives for end-users to fulfil their responsibility to correctly dispose of their waste batteries in the separate collection systems, including by means of education, economic incentives and where needed propose initiatives for regulation.
Amendment 1045 #
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
Operators of waste treatment facilities subject to Directives 2000/53/EC and 2012/19/EU shall hand over waste batteries resulting from the treatment of end-of-life vehicles and waste electrical and electronic equipment to the producers of the relevant batteries or, where appointed in accordance with Article 47(2) of this Regulation, producer responsibility organisations acting on their behalf or to authorised waste management operators with a view to their treatment and recycling in accordance with the requirements of Article 56 of this Regulation. The operators of waste treatment facilities shall keep records of those transactions.
Amendment 1046 #
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. Waste batteries originating from private, non-commercial users may be discarded in separate collection points set up by public waste management authorities. When set up for a specific battery type the public waste management authorities shall not refuse the take back of any waste batteries of this type, including re-used, repurposed and remanufactured batteries.
Amendment 1047 #
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
2. Public waste management authorities shall hand over collected waste batteries to the producers or, where appointed in accordance with Article 47(2), to producer responsibility organisations acting on their behalf, or to authorised waste management operators with a view to treatment and recycling of those waste batteries in accordance with the requirements of Article 56 or carry out their treatment and recycling themselves in accordance with the requirements of Article 56.
Amendment 1048 #
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
Voluntary waste portable battery collection points shall hand over waste portable batteries to the producers of portable batteries or third parties acting on their behalf, including producer responsibility organisations, or to authorised waste management operators with a view to their treatment and recycling in accordance with the requirements of Article 56.
Amendment 1051 #
Proposal for a regulation
Article 55 – title
Article 55 – title
Collection rates for waste portable batteries
Amendment 1054 #
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, excluding waste batteries from light means of transport of general use:
Amendment 1057 #
Proposal for a regulation
Article 55 – paragraph 1 – point a
Article 55 – paragraph 1 – point a
(a) 455 % by 31 December 2023;
Amendment 1059 #
Proposal for a regulation
Article 55 – paragraph 1 – point b
Article 55 – paragraph 1 – point b
(b) 675 % by 31 December 2025;
Amendment 1066 #
Proposal for a regulation
Article 55 – paragraph 1 – point c
Article 55 – paragraph 1 – point c
(c) 780 % by 31 December 2030.
Amendment 1068 #
Proposal for a regulation
Article 55 – paragraph 1 a (new)
Article 55 – paragraph 1 a (new)
1a. Member States shall achieve the following minimum collection targets for waste portable batteries, excluding waste portable batteries of general use: (a) 55 % by 31 December 2023; (b) 75 % by 31 December 2025; (c) 80 % by 31 December 2030.
Amendment 1069 #
Proposal for a regulation
Article 55 – paragraph 1 b (new)
Article 55 – paragraph 1 b (new)
1b. Member States shall achieve the following minimum collection targets for waste light means of transport batteries: (a) 75 % by 31 December 2025; (b) 85 % by 31 December 2030.
Amendment 1070 #
Proposal for a regulation
Article 55 – paragraph 1 c (new)
Article 55 – paragraph 1 c (new)
1c. Member States shall by, at the latest by 31 December 2025, achieve 100 % collection of waste automotive, industrial and electric vehicle batteries.
Amendment 1071 #
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 for waste portable batteries in accordance with the methodology set out in Annex XI and for waste light means of transport, automotive, industrial and electric vehicle batteries in accordance with the methodology set out in Annex XIa.
Amendment 1073 #
Proposal for a regulation
Article 55 – paragraph 3
Article 55 – paragraph 3
3. The Commission shall, by 31 December 2030, review the targets laid down in paragraph 1(c) and, as part of that review consider the setting of a collection target 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. , 1a(c) and 1b(b) . 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 for more ambitious targets to be applied after 2030.
Amendment 1078 #
Proposal for a regulation
Article 55 – paragraph 3 a (new)
Article 55 – paragraph 3 a (new)
3a. The Commission shall, by 31 December 2023, adopt a delegated act, in accordance with Article 73, to introduce a calculation methodology for the calculation of the separate collection rate with a view to reflecting the quantity of waste batteries available for collection. This method shall be developed in line with and laid out in Annex XIa.
Amendment 1079 #
Proposal for a regulation
Article 55 – paragraph 3 b (new)
Article 55 – paragraph 3 b (new)
Amendment 1080 #
Proposal for a regulation
Article 55 – paragraph 4
Article 55 – paragraph 4
Amendment 1081 #
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 1082 #
Proposal for a regulation
Article 57 – paragraph 1
Article 57 – paragraph 1
1. All waste batteries collected shall enter a recycling processbe assessed if it would be ecologically suitable for re-use, repurposing or remanufacturing and if so be prepared for re-use, repurposing or remanufacturing before entering the recycling process all waste batteries will finally enter.
Amendment 1086 #
Proposal for a regulation
Article 57 – paragraph 3
Article 57 – paragraph 3
3. The recycling efficiencies and the recovery of materials laid down in Parts B and C of Annex XII shall be calculated as percentages on the final weight of recycled material in accordance with the rules laid down in an implementing delegated act adopted pursuant to paragraph 4.
Amendment 1089 #
Proposal for a regulation
Article 57 – paragraph 4
Article 57 – paragraph 4
4. The Commission shall, by 31 December 2023, adopt an implementing act delegated act, in accordance with Article 73, accompanied with economic and environmental impact assessments to establish detailed rules regarding the calculation and verification of recycling efficiencies and recovery of materials. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(3).
Amendment 1090 #
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 amend the minimum levels of recovered materials for waste batteries laid down in Annex XII, Parts B and CBy 31 December 2027, the Commission shall review the progress towards reaching the minimum levels of recovered materials for waste batteries laid down in Annex XII, Parts B point 2 and C point 2, and present the results of that review to the Council and European parliament and, if appropriate, propose a legislative initiative to increase those levels, in light of technical and scientific progress and emerging new technologies in waste management.
Amendment 1092 #
Proposal for a regulation
Article 57 – paragraph 5 a (new)
Article 57 – paragraph 5 a (new)
5a. The Commission shall regularly assess the situation and be empowered to adopt delegated acts, in accordance with Article 73, accompanied with economic and environmental impact assessments to extend the list of battery chemistry and materials laid down in Annex XII, Parts B and C, in light of technical and scientific progress and emerging new technologies in waste management to ensure technology neutrality.
Amendment 1103 #
Proposal for a regulation
Article 59 – title
Article 59 – title
Requirements related to the repurposing and remanufacturing of light means of transport batteries, industrial batteries and electric-vehicle batteries
Amendment 1106 #
Proposal for a regulation
Article 59 – paragraph 1
Article 59 – paragraph 1
1. Independent authorised operators shall be given read-only access to the parameters laid down in Annex VII available in the battery management system of rechargeable light means of transport batteries, 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.
Amendment 1112 #
Proposal for a regulation
Article 59 – paragraph 2
Article 59 – paragraph 2
2. Independent authorised operators carrying out repurposing or remanufacturing operations shall be given adequate access on equal terms and conditions, to the information relevant for the handling and testing of rechargeable light means of transport, industrial batteries and electric vehicle batteries, or of appliances and vehicles in which such batteries are incorporated as well as of components of such batteries, appliances or vehicles, including safety aspects.
Amendment 1117 #
Proposal for a regulation
Article 59 – paragraph 3
Article 59 – paragraph 3
3. Operators carrying out repurposing or remanufacturing operations of batteries shall ensure that the examination, performance and safety testing, packing and shipment of batteries and their components is carried out following adequate quality control and safety instructions.
Amendment 1120 #
Proposal for a regulation
Article 59 – paragraph 4 a (new)
Article 59 – paragraph 4 a (new)
4a. Operators placing repurposed or remanufactured batteries on the market shall be considered the new producer of the battery and thus be registered in accordance with Article 46 and shall have an extended producer responsibility in accordance with Article 47.
Amendment 1122 #
Proposal for a regulation
Article 60 – paragraph 1 – subparagraph 1 – point a
Article 60 – paragraph 1 – subparagraph 1 – point a
(a) the contribution of end users to waste prevention, including by information on good practices concerning the use of batteries aiming at extending their use phase and the possibilities of preparation for reuse, repurposing and remanufacturing;
Amendment 1129 #
Proposal for a regulation
Article 60 – paragraph 3 – introductory part
Article 60 – paragraph 3 – introductory part
3. From the moment that a battery model is supplied within the territory of a Member State producers shall make available electronically, free of charge upon request, to waste management operators carrying out repair, remanufacturing, preparing for re- use, treatment and recycling activities, as far as it is needed by those operators to carry out those activities, the following battery model specific information regarding the proper and environmentally sound treatment of waste batteries:
Amendment 1133 #
Proposal for a regulation
Article 60 – paragraph 4
Article 60 – paragraph 4
4. Distributors that supply batteries to end-users shall permanently provide in their retail premises, in a visible manner, and/or online marketplaces, in a easily accessible and clearly visible manner for the end-users of the battery, the information and through their online marketplaces the information listed in paragraph 1 and 2, and information on how the end users may return waste batteries free of charge to the respective collection points established at retail outlets or on behalf of a marketplace. That obligation shall be limited to the types of batteries which the distributor or retailer has, or had, as new batteries in its offer.
Amendment 1137 #
Proposal for a regulation
Article 61 – paragraph 1 – subparagraph 1
Article 61 – paragraph 1 – subparagraph 1
Where waste management operators other than producers or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf, collect waste portable batteries from distributors or other collection points for waste portable batteries, they shall report to the competent authority for each calendar year the amount of waste portable batteries collected according to their chemistry and specifying the amounts of batteries powering light means of transport.
Amendment 1139 #
Proposal for a regulation
Article 61 – paragraph 1 a (new)
Article 61 – paragraph 1 a (new)
1a. Producers of light means of transport batteries, or where appointed in accordance with Article 47(2) producer responsibility organisations acting on their behalf, shall report to the competent authority for each calendar year the following information, according to chemistries and types of batteries: (a) the amount of light means of transport batteries made available on the market for the first time in a Member State, excluding batteries that have left the territory of that Member State in that year before being sold to end users; (b) the amount of light means of transport batteries collected in accordance with Article 48a, calculated on the basis of the methodology set out in Annex XIa; (c) by 2025, the collection target reached by the producer or producer responsibility organisation acting on behalf of their members; (d) the amount of collected light means of transport waste batteries delivered for treatment and recycling to permitted facilities. Where waste management operators other than producers or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf, collect waste light means of transport batteries from distributors or other collection points for waste light means of transport batteries, they shall report to the competent authority for each calendar year the amount of waste portable batteries collected according to their chemistry and specifying the amounts of batteries powering light means of transport. The operators referred to in the first and second subparagraph shall report the data referred to in those subparagraphs within 4 months of the end of the reporting year for which the data are collected. The first reporting period shall concern the first full calendar year after the adoption of the implementing act that establishes the format for reporting to the Commission, in accordance with Article 62(6). The competent authorities shall establish the format and procedures in accordance with which data shall be reported to them.
Amendment 1141 #
Proposal for a regulation
Article 61 – paragraph 2 – point a a (new)
Article 61 – paragraph 2 – point a a (new)
(aa) the amount of waste portable batteries collected in accordance with Article 48a, calculated on the basis of the methodology set out in Annex XIa;
Amendment 1142 #
Proposal for a regulation
Article 61 – paragraph 2 – point a b (new)
Article 61 – paragraph 2 – point a b (new)
(ab) the collection target reached by the producer or producer responsibility organisation acting on behalf of their members;
Amendment 1143 #
Proposal for a regulation
Article 61 – paragraph 2 – subparagraph 1 (new)
Article 61 – paragraph 2 – subparagraph 1 (new)
Amendment 1144 #
Proposal for a regulation
Article 61 – paragraph 3
Article 61 – paragraph 3
Amendment 1155 #
Proposal for a regulation
Article 64 – paragraph 1
Article 64 – paragraph 1
1. By 1 January 2026[48 months after the entry into force of the regulation], the Commission shall set up the electronic exchange system for battery information (“the system”).
Amendment 1158 #
Proposal for a regulation
Article 64 – paragraph 2
Article 64 – paragraph 2
2. The system shall contain the information and data on rechargeablelight means of transport batteries, 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 1160 #
Proposal for a regulation
Article 64 – paragraph 3
Article 64 – paragraph 3
3. The economic operators that place a rechargeableBy [12 months after the adoption of the implementing acts referred to in paragraph 5] and no later than 1 January 2026 economic operators that place a light means of transport battery, industrial battery or an electric vehicle battery with internal storage on the market shall make the information referred to in paragraph 2 available electronically in a machine readable format using interoperable and easily accessible data services in the format established in accordance with paragraph 5.
Amendment 1164 #
Proposal for a regulation
Article 65 – paragraph 1
Article 65 – paragraph 1
1. By 1 January 2026, each[48 months after the entry into force of the regulation], each light means of transport battery, 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 1168 #
Proposal for a regulation
Article 65 – paragraph 2
Article 65 – paragraph 2
2. The battery passport shall be unique for each individual battery referred to in paragraph 1 and shall be identified through a unique identifier that the economic operator placing the battery on the market shall attribute to it and which shall be printed or engraved on itaccessible via the QR-code referred to in Article 13 (5).
Amendment 1174 #
Proposal for a regulation
Article 65 – paragraph 6
Article 65 – paragraph 6
6. When the change in the status is due to repairing or repurposing activities, the responsibility for the battery record in the battery passport shall be transferred to the economic operator that is considered to place the industrial battery or, the electric vehicle battery or the light means of transport battery on the market or that puts it into service. The record for repurposed or remanufactured batteries shall be linked to the record of the original battery.
Amendment 1177 #
Proposal for a regulation
Article 65 – paragraph 7 – introductory part
Article 65 – paragraph 7 – introductory part
7. The Commission is empowered to adopt implementing acshall by 31 December 2024 adopt delegated acts, which respect intellectual property and property rights, to establish the rules for accessing, sharing, managing, exploring, publishing and reusing of the information and data accessible through the battery passport.
Amendment 1180 #
Proposal for a regulation
Article 65 – paragraph 7 – subparagraph 1
Article 65 – paragraph 7 – subparagraph 1
Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 74(3)3.
Amendment 1187 #
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, make sure that producers of batteries have registered to fulfil their extended producer responsibility for batteries and take account of the environmental 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 1189 #
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 and 39 to ensure that a product is chosen among products with significantly lower environmental impacts over their lifecycle.
Amendment 1213 #
Proposal for a regulation
Article 79 – paragraph 2
Article 79 – paragraph 2
It shall apply from 1 January 2022[6 months after the entry into force of the regulation].
Amendment 1219 #
Proposal for a regulation
Annex II – point 1 – paragraph 1 – point c a (new)
Annex II – point 1 – paragraph 1 – point c a (new)
(ca) ‘Data Quality Ratings’ means a semi-quantitative assessment of the quality criteria of a dataset based on Technological representativeness, Geographical representativeness, Time- related representativeness, and Precision. The data quality shall be considered as the quality of the dataset as documented.
Amendment 1222 #
Proposal for a regulation
Annex II – point 2 a (new)
Annex II – point 2 a (new)
Amendment 1227 #
Proposal for a regulation
Annex II – point 4 – paragraph 1 – table – row 2
Annex II – point 4 – paragraph 1 – table – row 2
Raw material acquisition and pre- Includes mining and pre-processing, up tothe processing the manufactsourcing of battery cells andsecondary materials versus primary materials up to the manufacturing of battery cells and batteries components (active materials, (active materials, separator, electrolyte, casings, active and casings, active and passive battery components), and components), and electric/electronics components.
Amendment 1228 #
Proposal for a regulation
Annex II – point 4 – paragraph 1 – table – row 2
Annex II – point 4 – paragraph 1 – table – row 2
Raw material acquisition and pre- Includes mining and pre-processing, up to processing theother relevant processing sourcing and pre-processing and transport of all raw and active materials, up to the manufacturing of battery cells and batteries batteries components (active materials, separator, separator, electrolyte, casings, active and passive passive battery components), and electric/electronics components.
Amendment 1231 #
Proposal for a regulation
Annex II – point 4 – paragraph 3
Annex II – point 4 – paragraph 3
The use phase shouldcan only be excluded from the lifecycle carbon footprint calculations, as not being under the direct influence of when manufacturers unless it iscan reliably demonstrated that design choices made by battery manufacturers at the design stage can makedid not lead to a non-negligible contribution to this impact.
Amendment 1234 #
Proposal for a regulation
Annex II – point 5 – paragraph 5 – indent 1
Annex II – point 5 – paragraph 5 – indent 1
– Raw material acquisition, including transport, and pre- processing stage
Amendment 1237 #
Proposal for a regulation
Annex II – point 8 – paragraph 1
Annex II – point 8 – paragraph 1
Depending on the distribution of the values of the batteries’ carbon footprint declarations and Data Quality Ratings placed in the EU internal market, a meaningful number of classes of performance will be identified, with category A being the best class with the lowest carbon footprint life cycle impact, to allow for market differentiation.
Amendment 1240 #
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 maximum lifecycle carbon footprint thresholds for rechargeable industrial and, electric vehicle and light means of transport batteries, further to a dedicated impact assessment to determine those values.
Amendment 1242 #
Proposal for a regulation
Annex III – title
Annex III – title
Electrochemical performance and durability parameters for portable batteries of general use
Amendment 1245 #
Proposal for a regulation
Annex IV – title
Annex IV – title
Electrochemical performance and durability requirements for rechargeablelight means of transport batteries, industrial batteries and electric vehicle batteries
Amendment 1269 #
Proposal for a regulation
Annex IV – Part A – paragraph 1 – point 5 a (new)
Annex IV – Part A – paragraph 1 – point 5 a (new)
5a. Self discharge.
Amendment 1300 #
Proposal for a regulation
Annex VI – Part A – paragraph 1 – point 2
Annex VI – Part A – paragraph 1 – point 2
2. the battery type, batch or serial number of the battery or other element allowing its unequivocal identification;
Amendment 1301 #
Proposal for a regulation
Annex VI – Part A – paragraph 1 – point 2 a (new)
Annex VI – Part A – paragraph 1 – point 2 a (new)
2a. the weight of the battery;
Amendment 1305 #
Proposal for a regulation
Annex VI – Part A – paragraph 1 – point 5
Annex VI – Part A – paragraph 1 – point 5
Amendment 1308 #
Proposal for a regulation
Annex VI – Part A – paragraph 1 – point 7
Annex VI – Part A – paragraph 1 – point 7
Amendment 1310 #
Proposal for a regulation
Annex VI – Part A – paragraph 1 – point 8
Annex VI – Part A – paragraph 1 – point 8
Amendment 1317 #
Proposal for a regulation
Annex VI – Part A – paragraph 2 a (new)
Annex VI – Part A – paragraph 2 a (new)
2a. Further information about batteries 1. date of placing on the market; 2. hazardous substances contained in the battery other than mercury, cadmium or lead; 3. critical raw materials contained in the battery.
Amendment 1319 #
Proposal for a regulation
Annex VI – Part C – paragraph 1
Annex VI – Part C – paragraph 1
The QR code shall be 100%have a high contrast between the black andground and symbol and be of a size that ismakes it easily readable by a commonly available QR reader, such as those integrated in hand-held communication devices.
Amendment 1336 #
Proposal for a regulation
Annex VIII – Part B – point 4 – paragraph 1
Annex VIII – Part B – point 4 – paragraph 1
For each battery model, and where applicable, for each batch that the manufacturer or the importer places on the Union market, the mentioned economic operator shall carry out one or more tests on one or more specific aspects of the battery model or batch of batteries, using a statistically representative sample of batteries for this model, in order to verify conformity with the corresponding requirements referred to in point 1. For large battery batches, the manufacturer, the authorised representative or the importer shall choose a statistically representative sample of batteries.
Amendment 1338 #
Proposal for a regulation
Annex IX – point 1
Annex IX – point 1
1. Battery model (product, type, batch or serial number):
Amendment 1341 #
Proposal for a regulation
Annex X – point 1 – point d a (new)
Annex X – point 1 – point d a (new)
(da) copper
Amendment 1346 #
Proposal for a regulation
Annex X – point 1 – point d b (new)
Annex X – point 1 – point d b (new)
(db) iron;
Amendment 1349 #
Proposal for a regulation
Annex X – point 1 – point d c (new)
Annex X – point 1 – point d c (new)
(dc) bauxite;
Amendment 1359 #
Proposal for a regulation
Annex X – point 2 – point c a (new)
Annex X – point 2 – point c a (new)
(ca) climate change;
Amendment 1363 #
Proposal for a regulation
Annex X – point 2 – point d a (new)
Annex X – point 2 – point d a (new)
(da) waste management;
Amendment 1366 #
Proposal for a regulation
Annex X – point 2 – point i a (new)
Annex X – point 2 – point i a (new)
(ia) access to information, public participation in decision-making and access to justice in environmental matters
Amendment 1371 #
Proposal for a regulation
Annex X – point 3 – point a a (new)
Annex X – point 3 – point a a (new)
(aa) UN Guiding Principles for Businesses and Human Rights;
Amendment 1372 #
Proposal for a regulation
Annex X – point 3 – point b a (new)
Annex X – point 3 – point b a (new)
(ba) the UN Paris Agreement;
Amendment 1375 #
Proposal for a regulation
Annex X – point 3 – point e a (new)
Annex X – point 3 – point e a (new)
(ea) OECD Guidelines for Multinational Enterprises;
Amendment 1394 #
Proposal for a regulation
Annex XI – point -1 (new)
Annex XI – point -1 (new)
-1. The calculations laid down in this Article shall be done separately for portable batteries of general use and portable batteries excluding batteries of general use.
Amendment 1396 #
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 excluding 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 1398 #
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, excluding 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 within the 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 1406 #
Proposal for a regulation
Annex XI a (new)
Annex XI a (new)
Calculation of collection rates of waste light means of transport, automotive, industrial and electric vehicle batteries 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 using the calculation methodology introduced by the delegated act referred to in Article 55(3a). This calculation methodology shall be presented separately for light means of transport, automotive, industrial and electric vehicle batteries and be based on the average weight of the batteries which the producer places on the market in that Member State during a calendar year and will take into account the lifespan of these batteries and will deduct batteries legally exported outside the EU market and re-used, repurposed and remanufactured batteries.
Amendment 1424 #
Proposal for a regulation
Annex XII – Part C – point 1 – point d
Annex XII – Part C – point 1 – point d
(d) 3560 % for lithium;
Amendment 1432 #
Proposal for a regulation
Annex XII – Part C – point 2 – point d
Annex XII – Part C – point 2 – point d
(d) 7085 % for lithium;
Amendment 1438 #
Proposal for a regulation
Annex XIII – point 1 – point e
Annex XIII – point 1 – point e
(e) Battery composition, including critical raw materials;
Amendment 1439 #
Proposal for a regulation
Annex XIII – point 1 – point e a (new)
Annex XIII – point 1 – point e a (new)
(ea) Information on the reparability of battery in case of defect and if block of battery cells or individual battery cells can be replaced or only the battery in its entirety.