Activities of Alexandr VONDRA related to 2020/0353(COD)
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 (163)
Amendment 203 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall apply to all portable batteries, namely portablelight means of transport batteries, automotive batteries, electric vehicle batteries and industrial batteries including stationary storage batteries, regardless of their shape, volume, weight, design, material composition, use or purpose. It shall also apply to batteries incorporated in or added to other products.
Amendment 206 #
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3 a. 4.With the exclusion of Chapter VII, this regulation shall not apply to industrial batteries designed before the entry into force of this Regulation: a) Placed on the market to be incorporated in safety-sensitive applications designed before the entry into force of the Regulation; b) or to be used as spare parts for equipment designed before the entry into force of the Regulation.
Amendment 227 #
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2 a. By 31 December 2025 and by 31 December 2030, the Commission shall publish the assessments of currently available recycling technologies and a prognosis of end-of-life batteries available for recycling and the average amount of cobalt, lead, lithium or nickel recovered from batteries per year.
Amendment 228 #
Proposal for a regulation
Article 8 – paragraph 2 b (new)
Article 8 – paragraph 2 b (new)
2 b. The Commission shall, by 31 December 2028 and by 31 December 2032, adopt the delegated acts in accordance with Article 73, defining the specific targets for the minimum share of cobalt, lead, lithium and nickel recovered from waste, based on the assessments referred to in previous subparagraph.
Amendment 229 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 233 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. From 1 January 202724 months after the entry into force of the delegated act referred to in the paragraph 2, 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 237 #
Proposal for a regulation
Recital 2
Recital 2
(2) Batteries are thus an important source of energy and one of the key enablers for sustainable development, green mobility, clean energy and climate neutrality. It is expected that the demand for batteries will grow rapidly in the coming years, notably for electric road transport vehicles using batteries for traction, making this market an increasingly strategic one at the global level. Significant scientific and technical progress in the field of battery technology will continue. In view of the strategic importance of batteries, and to provide legal certainty to all operators involved and to avoid discrimination, barriers to trade and distortions on the market for batteries, it is necessary to set out rules on sustainability parameters, performance, safety, collection, recycling and second life of batteries as well as on information about batteries. IConsidering technological and scientific progress, the chemical composition of, and substances contained in, batteries placed on the Union market should be subject to the same sustainability requirements. Moreover, it is necessary to create a harmonised regulatory framework for dealing with the entire life cycle of batteries that are placed on the market in the Union.
Amendment 239 #
Proposal for a regulation
Recital 8
Recital 8
(8) The new Circular Economy Action Plan adopted on 11 March 202028 states that the proposal for a new regulatory framework for batteries will consider rules on recycled content and measures to improve the collection and recycling rates of all batteries, in order to ensure the recovery of valuable materials and to provide guidance to consumers and will address the possible phasing out of non- rechargeable batteries where alternatives exist. Such a phasing out should only take place if clear evidence can be presented that it will have substantial benefits, especially for the environment. Furthermore, it is stated that sustainability and transparency requirements will be considered, taking into account the carbon footprint of battery manufacturing, the ethical sourcing of raw materials and the security of supply in order to facilitate reuse, repurposing and recycling of batteries. __________________ 28Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 11 March 2020, A new Circular Economy Action Plan – For a cleaner and more competitive Europe (COM(2020)98 final).
Amendment 240 #
Proposal for a regulation
Recital 9
Recital 9
(9) Addressing the entire life cycle of all batteries placed on the Union market requires the setting up of harmonised product and marketing requirements, including conformity assessment procedures, as well as requirements to fully address the end-of-life stage of batteries. Requirements concerning the end-of-life stage are necessary to address the environmental implications of the batteries and, in particular, to support the creation of recycling markets for batteries and markets for secondary raw materials from batteries in order to close the materials loops. In order to reach the envisaged objectives to address the whole life cycle of a battery in one legal instrument while avoiding barriers to trade and a distortion of competition and safeguarding the integrity of the internal market, the rules setting out the requirements for batteries should be of uniform application for all operators across the Union, and not give room for divergent implementation by Member States. Directive 2006/66/EC should therefore be replaced by a Regulation.
Amendment 241 #
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, 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
Article 10
Article 10
Amendment 244 #
Proposal for a regulation
Article 10 – title
Article 10 – title
10 Performance and durability requirements for rechargeable industrialstationary storage batteries and electric vehicle batteries
Amendment 247 #
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. From [124 months after entry into force of the Regulation], rechargeable industrialstationary storage batteries and electric vehicle batteries with internal storage and a capacitnominal energy above 2 kWh 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 247 #
Proposal for a regulation
Recital 13
Recital 13
(13) Batteries should be designed and manufactured so as to optimise their performance, durability, affordability and safety and to minimise their environmental footprint. It is appropriate to lay down specific sustainability requirements for rechargeable industrial batteries and electric vehicle batteries with internal storage with a capacity above 2 kWh as such batteries represent the market segment which is expected to increase most in the coming years.
Amendment 249 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
The technical documentation of stationary storage batteries with internal storage and a nominal energy above 2 kWh referred to in the first subparagraph shall also contain an explanation of the technical specifications, standards and conditions used to measure, calculate or estimate the values for the electrochemical performance and durability parameters. That explanation shall, if applicable, include, at least, the elements laid down in Part B of Annex IV.
Amendment 249 #
Proposal for a regulation
Recital 15
Recital 15
Amendment 251 #
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1 a. The Commission is empowered to adopt delegated acts in accordance with Article 73 to amend the electrochemical performance and durability parameters laid down in Annex IV in view of technical, scientific progress and, for the electric vehicle batteries with internal storage and nominal energy above 2 kWh, to align them with the Global Technical Regulations of The United Nations on in vehicle battery durability (UNECE GTRs).
Amendment 252 #
Proposal for a regulation
Recital 16
Recital 16
Amendment 253 #
Proposal for a regulation
Article 10 – paragraph 1 b (new)
Article 10 – paragraph 1 b (new)
1 b. In preparing the delegated act referred to in the second subparagraph, the Commission shall ensure that no excessive administrative burden shall be imposed on manufacturers of the batteries and the appliances concerned.
Amendment 255 #
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 kWh24 months after the entry into force of the delegated act referred to in the paragraph 3, stationary storage batteries shall meet the minimum values laid down in the delegated act adopted by the Commission pursuant to paragraph 3 for the electrochemical performance and durability parameters set out in Part A of Annex IV.
Amendment 255 #
Proposal for a regulation
Recital 17
Recital 17
Amendment 257 #
Proposal for a regulation
Article 10 – paragraph 3 – introductory part
Article 10 – paragraph 3 – introductory part
3. By 31 December 2024, the Commission shall adopmay adopt once sufficient market knowledge has been acquired and once proper assessment is carried out including the assessment of the impact on the objectives of the Regulation to decrease the carbon footprint 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 kWhstationary storage batteries shall attain.
Amendment 259 #
Proposal for a regulation
Recital 18
Recital 18
(18) The expected massive deployment of batteries in sectors like mobility and energy storage should reduce carbons emissions, but to maximise this potential it is necessary that their overall life cycle has a low carbon footprint. According to the Product Environmental Footprint Category Rules for High Specific Energy Rechargeable Batteries for Mobile Applications31 , climate change is the second highest related impact category for batteries after the use of minerals and metals. The technical documentation for rechargeable industrial batteries and electric vehicle batteries with internal storage and a capacity above 2 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 timeframesindicate the average carbon footprint of each specific battery model. Harmonising the technical rules for calculating the carbon footprint for all rechargeable industrial batteries and electric vehicle batteries with internal storage with a capacity above 2 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
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. PBy 1 January 2026, portable batteries incorporated in appliances shall be readily removable and replaceable by the end-user or by independent operators during the lifetime of the appliance, if the batteries have a shorter lifetime than the appliance, or at the latest at the end of the lifetime of the appliance. The Commission shall adopt guidance for establishing expected lifetime.
Amendment 267 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
A battery is readily replaceable where, after its removal from an appliance, it can be substituted by a similar batterybattery that conforms to the original specifications, without affecting the functioning or the performance of that appliance.
Amendment 267 #
Proposal for a regulation
Recital 19
Recital 19
(19) Certain substances contained in batteries, such as cobalt, lead, lithium or nickel, are acquired from scarce resources which are not easily available in the Union, and some are considered critical raw materials by the Commission. This is an area where Europe needs to enhance its strategic autonomy and increase its resilience in preparation for potential disruptions in supply due to health or other crises. Enhancing circularity and resource efficiency with increased recycling and recovery of those raw materials, will contribute to reaching that goal. Besides that, the European Union must encourage the exploitation of new extraction sides for the aforementioned raw materials.
Amendment 269 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) Notes that extraction of raw materials often takes place in insecure and politically unstable countries. Highlights, that this is especially the case with cobalt, of which around 70% of the current global production derives from Congo-Kinshasa, where working conditions are extremely poor. Emphasises therefore, that efforts within the EU to reduce CO2 emissions must not be connected with child labour, slave labour or unacceptable environmental pollution, nor contribute to financing armed conflicts.
Amendment 273 #
Proposal for a regulation
Recital 20
Recital 20
(20) The increased use of recovered materials would support the development of the circular economy and allow a more resource-efficient use of materials, while reducing Union dependency on materials from third countries. For batteries, this is particularly relevant for cobalt, lead, lithium and nickel. Therefore, it is necessary to promote the recovery of such materials from waste, establishing a requirement on the level of recycled content in batteries using cobalt, lead, lithium and nickel in active materials. This Regulation sets mandatory recycled content targets for cobalt, lead, lithium and nickel and which should be met by 2030. For cobalt, lithium and nickel increased targets are established by 2035. All targets, should take into account the availability of waste, from which such materials can be recovered, the technical and economic feasibility of the involved recovery and manufacture processes as well as the time needed by the economic operators to adapt their supply and manufacturing processes. Therefore, before such mandatory targets become applicable, the requirement related to recycled content should be limited to disclosure of information on recycled content.
Amendment 274 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 274 #
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 amending the targets, by lowering them, for the minimum share of recycled cobalt, lead, lithium or nickel present in active materials in batteries to limits that are technically and economically feasible.
Amendment 281 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The Commission shall adopt Not later than 1 July 2025, the Commission shall adopt guidance for establishing expected lifetime set out in paragraph 1 as well as guidance to facilitate harmonised application of the derogations set out in paragraph 2.
Amendment 281 #
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, 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 284 #
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 methods to test battery performance and durability are not considered sufficiently precise and representative to enable introducing minimum requirements. 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 290 #
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 294 #
Proposal for a regulation
Recital 25
Recital 25
(25) Some non-rechargeable batteries of general use may imply an inefficient use of resources and energy. Objective requirements regarding the performance and durability of such batteries should be established in order to ensure that fewer low performing non-rechargeable portable batteries of general use are placed on the market, in particular, wheref, based on a life cycle assessment, the alternative use of rechargeable batteries would result in overall environmental benefits.
Amendment 295 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Rechargeable industrial batteries and electric vehicleStationary storage lithium and sodium batteries with internal storage and a capacitnominal energy above 2 kWh shall include a battery management system containing data on the parameters for determining the state of health and expected lifetime of batteries as laid down in Annex VII. Producers of electric vehicle batteries with a nominal energy above 2 kWh shall make data available at the end of the first vehicle lifecycle through reasonable means on the parameters for determining the state of health and expected lifetime of batteries, as laid down in the technical specifications of the UNECE GTR once applicable in EU law (State of Certified Range, State of Certified Energy).
Amendment 300 #
Proposal for a regulation
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
2. Access to the read only data in the battery management system referred to in paragraph 1 shall be provided on a non- discriminatory basiwith due regard for business confidentiality and other competitive concerns 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 302 #
Proposal for a regulation
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
(b) facilitating the reuse, prepurposingaring for reuse or remanufacturing of the battery;
Amendment 304 #
Proposal for a regulation
Recital 28
Recital 28
(28) In order to provide end users with transparent, reliable and clear information about batteries and their main characteristics, and waste batteries, to enable the end users to make informed decisions when buying and discarding batteries and to enable waste operators to appropriately treat waste batteries, batteries should be labelled. Batteries should only be labelled with all the necessary information concerning their main characteristics, including their capacity and content of certain hazardous substances. To ensure the availability of information over time, that, given that, in the case of some batteries and their packaging, there is inadequate space to provide all information. Providing information should not lead to the size of the package being increased, and thus resources being wasted. More extensive information should also be made available by means ofvia QR codes.
Amendment 305 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 306 #
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3 a. The Commission is empowered to adopt delegated acts in accordance with Article 73 to determine the state of health and expected lifetime of batteries for the electric vehicle batteries with internal storage and nominal energy above 2 kWh, in line with the UNECE GTR on Electric Vehicles and the Environment. In preparing the delegated act referred to in the second subparagraph, the Commission shall ensure that no excessive administrative burden shall be imposed on manufacturers of the batteries and the appliances concerned.
Amendment 314 #
Proposal for a regulation
Recital 59
Recital 59
(59) Only few countries supply those materials and, in some cases, low standards of governance may exacerbate environmental and social problems. Both cobalt and nickel mMining and refining activities are related to a large range of social and environmental issues, including environmental hazard potential and human health. While the social and environmental impacts for natural graphite are less severe, its mining has high shares of artisanal and small scale operations, which mostly takes place in informal settings and can lead to serious health and environmental impacts, including no regular mine closure and no rehabilitation, which results in the destruction of ecosystems and soils. For lithium, the expected increase in its use in battery manufacturing is likely to put additional pressure on extraction and refining operations, what would recommend including lithium in the scope of the supply chain due diligence obligations. The expected massive increase in demand for batteries in the Union should not contribute to an increase of such environmental and social risks.
Amendment 315 #
Proposal for a regulation
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. The Commission, after consulting recognised European standards organisations, shall be empowered to adopt implementing acts laying down common specifications for the requirements set out in Articles 9, 10, 12, 13, 59(5)(a) or tests referred to in Article 15(2), where:
Amendment 319 #
Proposal for a regulation
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
(b) the Commission observes undue delays in the adoption of requested harmonised standards, or considers that relevant harmonised standards are not sufficient; or
Amendment 321 #
Proposal for a regulation
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
Amendment 324 #
Proposal for a regulation
Recital 68
Recital 68
(68) As regards the environmental risk categories, the due diligence policies should address the risks in the battery supply chain in relation to protection of the natural environment and of the biological diversity in line with the Convention on Biological Diversity49 , which includes also the consideration of local communities, and the protection and the development of those communities. When defining “environmental due diligence”, input from international bodies, such as the United Nations and the OECD, should be taken into account. As regards that definition, it is essential to ensure that there is coherence with other Union law. __________________ 49 Such as set out in the Convention on biological diversity, available at https://www.cbd.int/convention/text/ and, in particular, Decision COP VIII/28 “Voluntary guidelines on Biodiversity- Inclusive impact assessment, available at https://www.cbd.int/decision/cop/?id=1104 2.
Amendment 326 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Batteries which are tested following common specifications or parts thereof shall be presumed to be in conformity with the requirements set out in Articles 9, 10, 13 and 59(5)(a) to the extent that those requirements are covered by those common specifications or parts thereof, and, if applicable, to the extent that the minimum values established for those requirements are attained.
Amendment 341 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The EU declaration of conformity shall have the model structure set out in Annex IX, shall contain the elements specified in the relevant modules set out in Annex VIII and shall be continuously updatedupdated if significant changes to the battery are made. It shall be translated into the language or languages required by the Member State in which the battery is placed on the market or put into service and have, preferably, electronic form.
Amendment 343 #
Proposal for a regulation
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
3 a. This provision shall apply for 24 months, after the Commission has published the list of notified bodies as provided in Article 30.
Amendment 383 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘automotive battery’ means any battery used onlyprimarily used for automotive starter, lighting or ignition power or other supporting functions in a vehicle;
Amendment 391 #
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
(11) ‘industrial battery’ means any battery exclusively designed for industrial uses and any other battery excluding portable batteries, electric vehicle batteries and automotive batteries;
Amendment 394 #
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; with the exception of batteries powering light means of transport.
Amendment 398 #
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) ‘battery model’ is any manufactured battery that is produced in a series comprising at least 10 batteries, including in the case where the batteries produced as part of the same series differ from one another in a manner that does not deviate from the declared design and performance of the batteries belonging to that series;
Amendment 405 #
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 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 428 #
Proposal for a regulation
Article 2 – paragraph 1 – point 56 a (new)
Article 2 – paragraph 1 – point 56 a (new)
(56a) ‘remanufacturing’ means any process that involves dismantling a product, restoring and replacing components, and testing the individual parts and the whole product in accordance with its original design specifications, with the expectation that the performance of the product after the process will be the same or better than the original performance specification (‘like new’);
Amendment 436 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Batteries designed after the entry into force of this regulation shall only be placed on the market or put into service if they meet:
Amendment 438 #
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) the applicable sustainability and safety requirements set out in Chapter II;
Amendment 439 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) the applicable labelling and information requirements set out Chapter III.
Amendment 443 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. For any aspects not covered by Chapters II and III, batteries shall not present an unacceptable risk to human health, to safety, to property or to the environment.
Amendment 448 #
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. For electric vehicle batteries and automotive batteries placed on the market as replacements for defective batteries, the same requirements shall apply as applied for the replaced batteries (‘repair as produced’ principle).
Amendment 449 #
Proposal for a regulation
Article 6
Article 6
Amendment 469 #
Proposal for a regulation
Article 7 – title
Article 7 – title
Carbon footprint of electric vehicle batteries and rechargeable industrial batteries
Amendment 471 #
Proposal for a regulation
Article 60 – paragraph 1 – subparagraph 1 – point b
Article 60 – paragraph 1 – subparagraph 1 – point b
(b) in a language, which can be easily understood by consumers and other end- users, as determined by the Member State concerned, including an infographic or pictograph explanation.
Amendment 472 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – introductory part
Article 7 – paragraph 1 – subparagraph 1 – introductory part
1. 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, 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 474 #
Proposal for a regulation
Article 64 – paragraph 1
Article 64 – paragraph 1
1. By 1 January 2026From [24 months after the entry into force of the implementing act referred to in Article 64 (5) c], the Commission shall set up the electronic exchange system for battery information (“the system”).
Amendment 475 #
Proposal for a regulation
Article 64 – paragraph 2
Article 64 – paragraph 2
2. The system shall contain the information and data on rechargeable industrialstationary storage 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 476 #
Proposal for a regulation
Article 64 – paragraph 3
Article 64 – paragraph 3
3. The economic operators that place a rechargeable industrialstationary storage 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 477 #
Proposal for a regulation
Article 64 – paragraph 5 – introductory part
Article 64 – paragraph 5 – introductory part
5. The Commission shall, by 31 December 20245, adopt implementing acts to establish:
Amendment 479 #
Proposal for a regulation
Article 64 – paragraph 5 – point c
Article 64 – paragraph 5 – point c
(c) the rules for accessing, sharing, managing, exploring, publishing and reusing of the information and data in the system, including restricted levels of access (e.g for authorised actors, as defined under article 64 (4), as applicable.
Amendment 489 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point e
Article 7 – paragraph 1 – subparagraph 1 – point e
Amendment 498 #
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 electric vehicle batteries and to rechargeable industrial batteries18 months after the entry into force of the implementing act and delegated act referred to in the second subparagraph..
Amendment 513 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 3 – point a
Article 7 – paragraph 1 – subparagraph 3 – point a
(a) a delegated act in accordance with Article 73 to supplement this Regulation by establishing the methodology to calculate the total carbon footprint of the battery model referred to in point (d), in accordance with the essential elements set out in Annex II;
Amendment 515 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 4
Article 7 – paragraph 1 – subparagraph 4
Amendment 520 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
Electric vehicle batteries and rechargeable industrial batteries with internal storage and a capacity above 2 kWh shall bear a conspicuous, clearly legible and indelible label indicating the carbon footprint performance class that the individual battery corresponds to.
Amendment 532 #
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 electric vehicle batteries and for rechargeable industrial batteries18 months after the entry into force of the implementing act and delegated act referred to in the second subparagraph of paragraph 2.
Amendment 543 #
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 20245, adopt
Amendment 548 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 556 #
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1
Article 7 – paragraph 3 – subparagraph 1
Amendment 568 #
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2
Article 7 – paragraph 3 – subparagraph 2
Amendment 576 #
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 3
Article 7 – paragraph 3 – subparagraph 3
Amendment 580 #
Proposal for a regulation
Annex VIII – Part A – point 2 – paragraph 2 – point b
Annex VIII – Part A – point 2 – paragraph 2 – point b
Amendment 581 #
Proposal for a regulation
Annex VIII – Part A – point 2 – paragraph 2 – point c
Annex VIII – Part A – point 2 – paragraph 2 – point c
(c) descriptions and explanations necessary for the understanding of the drawings and schemes referred to in point (b) and the operation of the battery;
Amendment 584 #
Proposal for a regulation
Annex VIII – Part B – point 2 – paragraph 2 – point b
Annex VIII – Part B – point 2 – paragraph 2 – point b
Amendment 585 #
Proposal for a regulation
Annex VIII – Part B – point 2 – paragraph 2 – point c
Annex VIII – Part B – point 2 – paragraph 2 – point c
(c) descriptions and explanations necessary for the understanding of the drawings and schemes referred to in point (b) and the operation of the battery;test reports.
Amendment 586 #
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 batteriesin 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 597 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a) The Commission, through its Joint Research Centre (JRC), shall conduct an extensive study of available or market- ready recycling technologies for batteries, and shall publish that study by 31 December 2025. The study shall also address the environmental, social and economic benefits of the full or partial implementation of such technologies. By 31 December 2030, the Commission shall carry out and publish a further study with regard to available or market-ready recycling technologies for batteries.
Amendment 611 #
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. From 1 January 2030, industrial batteries, electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kWh that contain cobalt, lead, lithium or nickel in active materials shall be accompanied by technical documentation demonstrating that those batteries contain the following minimum share of cobalt, lead, lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant:
Amendment 638 #
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. From 1 January 2035, industrial batteries, electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kWh that contain cobalt, lead, lithium or nickel in active materials shall be accompanied by a technical documentation demonstrating that those batteries contain the following minimum share of cobalt, lead, lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant:
Amendment 646 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Where justified and appropriate due to the unavailability 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 the targets laid down in paragraphs 2 and 3, by lowering them. The Commission shall revise the targets based on the conclusions of the study referred to in the first subparagraph of paragraph 1a.
Amendment 652 #
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
Amendment 669 #
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 affordability and the cost for end-users and the industry’s competitiveness. No excessiveA minimal administrative burden shall be imposed on manufacturers of the batteries and the appliances concerned.
Amendment 676 #
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 environmentalwhere their use has a negative impact based on the life cycle assessment methodologyenvironment. To that end, the Commission shall submit a report to the European Parliament and to the Council and consider taking the appropriate measures, including the adoption of legislative proposals.
Amendment 682 #
Proposal for a regulation
Article 10 – title
Article 10 – title
Performance and durability requirements for rechargeable industrial batteries and electric vehicle batteries
Amendment 690 #
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. From [128 months after entry into force of the Regulation], rechargeable industrial batteries and electric vehicle batteries with internal storage and a capacity above 2 kWh 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 710 #
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 1
Article 10 – paragraph 3 – subparagraph 1
In preparing the delegated act referred to in the first subparagraph, the Commission shall consider the need to reduce the life cycle environmental impact of rechargeable industrial batteries with internal storage and a capacity above 2 kWh and ensure that the requirements laid down therein do not have a significant negative impact on the functionality of those batteries or the appliances into which those batteries are incorporated, its affordability and industry’s competitiveness. No excessiveA minimal administrative burden shall be imposed on manufacturers of the batteries and the appliances concerned.
Amendment 814 #
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. 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 andor to the documents accompanying the battery. In the case of second life batteries or repurposed batteries, the labels and QR code shall reflect the second use character of the battery.
Amendment 818 #
Proposal for a regulation
Article 13 – paragraph 6 a (new)
Article 13 – paragraph 6 a (new)
6a) In the case of second life batteries or repurposed batteries, the labels and QR code referred to in paragraphs 1 to 5 shall reflect the second use status of the battery. Existing labels shall be replaced with a new label reflecting its second use character;
Amendment 825 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Rechargeable industrial batteries and electric vehicle batteries with internal storage and a capacity above 2 kWh shall include a battery management system containing read-only data on the parameters for determining the state of health and expected lifetime of batteries as laid down in Annex VII.
Amendment 832 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. ARead-only access to the data in the battery management system referred to in paragraph 1 shall be provided on a non- discriminatory basis to the legal or natural person who has legally purchased the battery or any third party acting on their behalf at any time for the purpose of: (a) evaluating the residual value of the battery and capability for further use (b) facilitating the reuse, repurposing or remanufacturing of the battery; (c) making the battery available to independent aggregators or market participants through energy storage.via an API. deleted deleted deleted
Amendment 843 #
Proposal for a regulation
Article 38 – paragraph 11
Article 38 – paragraph 11
11. Manufacturers 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 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, in the view of a diligent economic operator, an unacceptable risk, manufacturers 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 857 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. As of [124 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 kWh 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 863 #
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 and comprehensive company policy for the supply chain of raw materials indicated in Annex X, point 1;. That policy shall be made publicly available.
Amendment 918 #
Proposal for a regulation
Article 39 – paragraph 6 – introductory part
Article 39 – paragraph 6 – introductory part
6. The economic operator referred to in paragraph 1 shall make available to its immediate downstream purchasers allthe necessary information gained and maintained pursuant to its supply chain due diligence policies with due regard for business confidentialit. This provision shall not imply andy other competitive concernsbligation to disclose trade secrets. Information considered a trade secret shall be anonymised.
Amendment 950 #
Proposal for a regulation
Article 41 – paragraph 6
Article 41 – paragraph 6
6. When deemed appropriate with regard to the risks presented by a battery, importers shall, to protect the human health and safety of consumers, carry out sample testing of marketed batteries, investigate, and, if necessary, keep a register of complaints, ofnvestigate complaints concerning non- conforming batteries and battery recalls, and shall keep distributors informed of such monitoring.given the number and nature of such complaints;
Amendment 952 #
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, 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 informn unacceptable risk, either through non-conformity or in the light of certain incidents, and taking into account the gravity of those incidents, importers shall notify 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 or incidents, and of any corrective action taken.
Amendment 958 #
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 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 theaddress substantial risks posed by batteries that they have made available on the market, given that such risks can be eliminated.
Amendment 970 #
Proposal for a regulation
Article 47 – paragraph 1 – introductory part
Article 47 – paragraph 1 – introductory part
1. Producers of batteries shall have extended producer responsibility for batteries that they make available on the market for the first time within the territory of a Member State, to ensure the attainment of the waste management obligations set out in this Chapter. This responsibility shall cease when another economic operator takes over the responsibility as producer, given that that other economic operator is legally and practically completely independent from the producer and has its domiciliation within the European Union. This responsibility shall include the obligation to:
Amendment 978 #
Proposal for a regulation
Article 47 – paragraph 4 – point a
Article 47 – paragraph 4 – point a
(a) are modulated as a minimum by battery type and battery chemistry and, as appropriate, taking into account the rechargeability and the level of recycled content in thin accordance with the criteria set out in Article 8a(4), point (b), of Directive 2008/98/EC and by battery type manufacture of batteriesd battery chemistry;
Amendment 990 #
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 not be charged or be obliged to buy a new battery. Promotional offers when discarding waste portable batteries at collection points referred to in paragraph 2 or when buying a new portable battery shall be permissible.
Amendment 994 #
Proposal for a regulation
Article 48 – paragraph 4 – introductory part
Article 48 – paragraph 4 – introductory part
4. Producers or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf, shall attain, and maintain durably, at least the following collection targets of waste portable batteries, calculated as percentages of the portable batteries, excluding batteries from light means of transport, made available on the market for the first timefor collection in a Member State by the respective producer or collectively by the producers covered by a producer responsibility organisation, calculated according to the available for collection methodology:
Amendment 998 #
Proposal for a regulation
Article 48 – paragraph 4 – point a
Article 48 – paragraph 4 – point a
(a) 45[…] % by 31 December 2023 ;
Amendment 1001 #
Proposal for a regulation
Article 48 – paragraph 4 – point b
Article 48 – paragraph 4 – point b
(b) 65[…] % by 31 December 20258;
Amendment 1008 #
Proposal for a regulation
Article 48 – paragraph 4 – point c
Article 48 – paragraph 4 – point c
(c) 70[…] % by 31 December 2030.
Amendment 1018 #
Proposal for a regulation
Article 48 a (new)
Article 48 a (new)
Article 48a Collection of waste light means of transport batteries 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 light means of transport batteries, 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, calculated according to the available for collection methodology: (a) […]% by 2028; (b) […]% by 2030; Producers or producer responsibility organisations acting on their behalf shall calculate the collection rate referred to in this paragraph in accordance with Annex XIa (new).
Amendment 1050 #
Proposal for a regulation
Article 55 – title
Article 55 – title
Collection rates for waste portable and light means of transport batteries
Amendment 1056 #
Proposal for a regulation
Article 55 – paragraph 1 – point a
Article 55 – paragraph 1 – point a
(a) 45[…] % by 31 December 2023;
Amendment 1058 #
Proposal for a regulation
Article 55 – paragraph 1 – point b
Article 55 – paragraph 1 – point b
(b) 65[…] % by 31 December 20258;
Amendment 1065 #
Proposal for a regulation
Article 55 – paragraph 1 – point c
Article 55 – paragraph 1 – point c
(c) 70[…] % by 31 December 2030.
Amendment 1072 #
Proposal for a regulation
Article 55 – paragraph 2 a (new)
Article 55 – paragraph 2 a (new)
2a. Member States shall achieve the following minimum collection targets for waste light means of transport batteries: (a)[…] % by 2028; (b)[…] % by 2030.
Amendment 1076 #
Proposal for a regulation
Article 55 – paragraph 3
Article 55 – paragraph 3
3. The Commission shall, by 31 December 2025 and by 31 December 2030, review the targets laid down in paragraph 1(b) and 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 mayshall also consider introducing a calculation methodology for the calculation of the separate collection rate with a view to reflecting the quantity of waste batteries available for collection. To that end, the review shall be based on independent research conducted by the Joint Research Centre. 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 1107 #
Proposal for a regulation
Article 59 – paragraph 1
Article 59 – paragraph 1
1. IAs part of the application of Article 65, independent operators shall be given read-only access to the battery management system of rechargeable industrial batteries and electric vehicle batteries with internal storage with a capacity above 2 kWh, on equal terms and conditions, for the purpose of assessing and determining the state of health and remaining lifetime of batteries, according to the parameters laid down in Annex VII.
Amendment 1125 #
Proposal for a regulation
Article 60 – paragraph 1 – subparagraph 2 – point b
Article 60 – paragraph 1 – subparagraph 2 – point b
(b) in a language, which can be easily understood by consumers and other end- users, as determined by the Member State concerned., or:
Amendment 1126 #
Proposal for a regulation
Article 60 – paragraph 1 – subparagraph 2 – point b a (new)
Article 60 – paragraph 1 – subparagraph 2 – point b a (new)
(ba) a clear visual representation of that information.
Amendment 1135 #
Proposal for a regulation
Article 60 – paragraph 5
Article 60 – paragraph 5
5. The costs covered by the producer under Article 47(1)(e) shall be shown separately to the end-user at the point of sale of a new battery. The costs mentioned shall not exceed the best estimate of the actual costs incurred and shall not be added to the final cost of the battery charged to the consumer at the point of sale.
Amendment 1170 #
Proposal for a regulation
Article 65 – paragraph 3
Article 65 – paragraph 3
3. The battery passport shall be linked to the information about the basic characteristics of each battery type and model stored in the data sources of the System established pursuant to Article 64. The economic operator that places an industrial battery or an electric vehicle battery on the market shall ensure that the data included in the battery passport is accurate, and complete and up-to-date.
Amendment 1173 #
Proposal for a regulation
Article 65 – paragraph 4
Article 65 – paragraph 4
4. The battery passport shall be accessible online, through electronic systems interoperaan API compatible with the System established pursuant to Article 64.
Amendment 1192 #
Proposal for a regulation
Article 71
Article 71
Amendment 1198 #
Proposal for a regulation
Article 76 – paragraph 1
Article 76 – paragraph 1
Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. The penalties provided for shall be proportionally linked to the revenue of the offender, where applicable. Member States shall, without delay, notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
Amendment 1200 #
Proposal for a regulation
Article 77 – paragraph 1
Article 77 – paragraph 1
1. By 31 December 2030, and every 5 years thereafter the Commission shall draw uppublish a report on the application of this Regulation and its impact on the environment and the functioning of the internal market. The report shall take particular account of the competitiveness of the battery sector within the Union and the position of SMEs across the entire value chain.
Amendment 1203 #
Proposal for a regulation
Article 77 – paragraph 2 – point a a (new)
Article 77 – paragraph 2 – point a a (new)
(aa) the costs of complying with article 8, 9, 10, 11 of this Regulation for producers and other relevant parties as a percentage of operational costs;
Amendment 1204 #
Proposal for a regulation
Article 77 – paragraph 2 – point d a (new)
Article 77 – paragraph 2 – point d a (new)
(da) the cost-benefit analysis of requirements set out in this Regulation for each requirement.
Amendment 1207 #
Proposal for a regulation
Article 77 – paragraph 2 – point d c (new)
Article 77 – paragraph 2 – point d c (new)
(dc) analysis of impact of the Regulations on the competition and investments, including per the key requirements;
Amendment 1208 #
Proposal for a regulation
Article 77 – paragraph 2 – subparagraph 1
Article 77 – paragraph 2 – subparagraph 1
Where appropriatenecessary, the report shall be accompanied by a legislative proposal for amendment of the relevant provisions of this Regulation, while taking due account of the value of a predictable legal framework and protecting investor certainty.
Amendment 1226 #
Proposal for a regulation
Annex II – point 4
Annex II – point 4
Amendment 1238 #
Proposal for a regulation
Annex II – point 9
Annex II – point 9
Amendment 1251 #
Proposal for a regulation
Annex IV – Part A – paragraph 1 – point 1
Annex IV – Part A – paragraph 1 – point 1
1. Rated capacity (in Ah) and capacity fade (in %).
Amendment 1255 #
Proposal for a regulation
Annex IV – Part A – paragraph 1 – point 2
Annex IV – Part A – paragraph 1 – point 2
2. Power (in W) and power fade (in %).
Amendment 1259 #
Proposal for a regulation
Annex IV – Part A – paragraph 1 – point 3
Annex IV – Part A – paragraph 1 – point 3
3. Internal resistance (in ꭥ) and internal resistance increase (in %).
Amendment 1262 #
Proposal for a regulation
Annex IV – Part A – paragraph 1 – point 4
Annex IV – Part A – paragraph 1 – point 4
Amendment 1266 #
Proposal for a regulation
Annex IV – Part A – paragraph 1 – point 5
Annex IV – Part A – paragraph 1 – point 5
Amendment 1270 #
Proposal for a regulation
Annex IV – Part A – paragraph 2
Annex IV – Part A – paragraph 2
‘Rated capacity’ means the total number of ampere-hours (Ah) that can be withdrawn from a fully charged battery under specific reference conditions.
Amendment 1274 #
Proposal for a regulation
Annex IV – Part A – paragraph 3
Annex IV – Part A – paragraph 3
Amendment 1277 #
Proposal for a regulation
Annex IV – Part A – paragraph 4
Annex IV – Part A – paragraph 4
‘Power’ means the amount of energy that a battery is capable to provide over a given period of time under reference conditions.
Amendment 1280 #
Proposal for a regulation
Annex IV – Part A – paragraph 5
Annex IV – Part A – paragraph 5
Amendment 1285 #
Proposal for a regulation
Annex IV – Part A – paragraph 6
Annex IV – Part A – paragraph 6
‘Internal resistance’ means the opposition to the flow of current within a cell or a battery under reference conditions, that is, the sum of electronic resistance and ionic resistance to the contribution to total effective resistance including inductive/capacitive properties.
Amendment 1287 #
Proposal for a regulation
Annex IV – Part A – paragraph 7
Annex IV – Part A – paragraph 7
Amendment 1289 #
Proposal for a regulation
Annex IV – Part B – paragraph 1 – point 2
Annex IV – Part B – paragraph 1 – point 2
2. Ratio between maximum allowednominal battery power (W) and battery energy (Wh).
Amendment 1292 #
Proposal for a regulation
Annex IV – Part B – paragraph 1 – point 3
Annex IV – Part B – paragraph 1 – point 3
Amendment 1295 #
Proposal for a regulation
Annex IV – Part B – paragraph 1 – point 4
Annex IV – Part B – paragraph 1 – point 4
Amendment 1296 #
Proposal for a regulation
Annex IV – Part B – paragraph 1 – point 5
Annex IV – Part B – paragraph 1 – point 5
Amendment 1321 #
Proposal for a regulation
Annex VII – paragraph 1
Annex VII – paragraph 1
Amendment 1334 #
Proposal for a regulation
Annex VII a (new)
Annex VII a (new)
Part A Parameter for determining the state of health of rechargeable industrial batteries: 1. Remaining energy storage capability under specified reference conditions; Parameters for determining the expected lifetime of batteries: 1. The date of manufacture of the battery and of the putting into service; 2. Energy throughput; 3. Capacity throughput. Part B Parameters for determining the state of health of electric vehicle batteries (as defined by the UNECE GTR on In- Vehicle Battery Durability): 1. State of Certified Energy (SOCE) 2. State of Certified Range (SOCR)
Amendment 1335 #
Proposal for a regulation
Annex VIII – Part A – point 4 – paragraph 1 a (new)
Annex VIII – Part A – point 4 – paragraph 1 a (new)
A portable battery model requires a new conformity assessment whenever a change of more than 0,1 g or 20 % mass, whichever is greater, to the cathode, anode or electrolyte is made. Batteries other than portable batteries require a new conformity assessment whenever the change made is substantial and there is a potential risk of the change in the battery performance or characteristics related to the requirements of Chapters II and III of this Regulation.
Amendment 1362 #
Proposal for a regulation
Annex X – point 2 – point d
Annex X – point 2 – point d
(d) biodiversity , including deep-sea tailing placement (DSTP) practices;
Amendment 1395 #
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 yearswaste portable batteries available for collection on its territory, obtained by taking into account the lifecycle of batteries, the export of embedded batteries in waste electrical and electronic equipment and in second hand electrical and electronic equipment.
Amendment 1397 #
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 1400 #
Proposal for a regulation
Annex XI – point 2 a (new)
Annex XI – point 2 a (new)
2a. 1. Producers or producer responsibility organisations acting on their behalf, and Member States shall analyse the lifecycle of portable batteries, by undertaking a European representative lifespan analysis based on an empiric sampling every […] years.
Amendment 1401 #
Proposal for a regulation
Annex XI – point 2 b (new)
Annex XI – point 2 b (new)
2b. Producers of batteries and producers of electrical and electronic equipment (EEE) or producer responsibility organisations acting on their behalf, and Member States shall calculate the annual export of embedded batteries in waste electrical and electronic equipment (WEEE).
Amendment 1402 #
Proposal for a regulation
Annex XI – point 2 c (new)
Annex XI – point 2 c (new)
2c. Producers of batteries and producers of electrical and electronic equipment (EEE) or producer responsibility organisations acting on their behalf, and Member States shall calculate the annual export of embedded batteries in second-hand electrical and electronic equipment.
Amendment 1403 #
Proposal for a regulation
Annex XI – point 3
Annex XI – point 3
3. For each portable battery, only the first time it is made available on the market in a Member State shall be counted.
Amendment 1404 #
Proposal for a regulation
Annex XI – point 4
Annex XI – point 4
4. The calculation provided for in points 2, 3, 4, and 35 shall be based on collected data or statistically significant estimates based on collected databased on European representative research.
Amendment 1405 #
Proposal for a regulation
Annex XI a (new)
Annex XI a (new)
Annex XI-A (new) Calculation of collection rates of waste light means of transport batteries 1. Producers or, 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 light means of transport batteries collected in accordance with Article 48 and Article 55, respectively in a given calendar year in a Member State by the weight of waste light means of transport batteries available for collection on its territory, obtained by taking into account the lifecycle of light means of transport batteries, the export of light means of transport batteries, the export of batteries in secondhand light means of transport and the weight of remanufactured and repurposed light means of transport batteries. 2. Producers or producer responsibility organisations acting on their behalf, and Member States shall calculate the annual sales of light means of transport batteries, to end-users in a given year, as the weight of light means of transport batteries made available on the market for the first time within the territory of the Member State in the year concerned, excluding any light means of transport batteries that have left the territory of that Member State in that year before being sold to the end users. 3. Producers or producer responsibility organisations acting on their behalf, and Member States shall analyse the lifecycle of light means of transport batteries, by undertaking a European representative lifespan analysis based on an empiric sampling every [… ] years. 4. Producers of batteries and producers of electrical and electronic equipment (EEE) or producer responsibility organisations acting on their behalf, and Member States shall calculate the annual export of light means of transport batteries. 5. Producers of batteries and producers of electrical and electronic equipment (EEE) or producer responsibility organisations acting on their behalf, and Member States shall calculate the annual export of batteries in second-hand light means of transport. 6. Producers of batteries and producers of electrical and electronic equipment (EEE) or producer responsibility organisations acting on their behalf, and Member States shall calculate the weight of remanufactured and repurposed light means of transport batteries. 7. For each light means of transport battery, only the first time it is made available on the market in a Member State shall be counted. The calculation provided for in points 2,3,4,5 and 6 shall be based on collected data or based on European representative research.
Amendment 1449 #
Proposal for a regulation
Annex XIII – point 1 – point r a (new)
Annex XIII – point 1 – point r a (new)
(ra) Condition of the battery (first life - waste - repurposed - recycled)