Activities of Claudia GAMON related to 2020/0353(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020
Amendments (55)
Amendment 97 #
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, excluding portable batteries used in light means of transport and in other individual urban transport modes;
Amendment 100 #
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, 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 119 #
1. From 1 January 2027, industrial batteries, electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kWh, as well as portable batteries used in light means of transport and in other individual urban transport modes, that contain cobalt, lead, lithium or nickel in active materials shall be accompanied by technical documentation containing information about the amount of cobalt, lead, lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant.
Amendment 121 #
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. In general, the Commission should assess the complementarity of Union's and international rules in order to ensure a stable and positive regulatory environment helping innovation and competitiveness. The Commission should consider revising potentially burdensome requirements and aligning these with international norms.
Amendment 135 #
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, as well as portable batteries used in light means of transport and in other individual urban transport modes, 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 145 #
Proposal for a regulation
Recital 31
Recital 31
(31) A number of product-specific requirements under this Regulation, including on performance, durability, repurposing and safety, should be measured by using reliable, accurate and reproducible methods that take into account the generally recognised state-of- the-art measurements and calculation methodologies. In order to ensure that there are no barriers to trade on the internal market, standards should be harmonised at Union level. Such methods and standards should, to the extent possible, take into account the real-life usage of batteries, reflect the average range of consumer behaviour and be robust in order to deter intentional and unintentional circumvention. Once a reference to such a standard has been adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council35 and published in the Official Journal of the European Union, presumption of conformity shall be established with those product-specific requirements adopted on the basis of this Regulation, provided that the outcome of such methods demonstrate that the minimum values established for those substantive requirements are attained. In the absence of published standards at the time of the application of product-specific requirements, the Commission shouldorder to avoid doubling of standards, to maximise efficiency and to include the highest expertise and state-of art knowledge, the Commission should seek to request one or more European standardisation organisations to draft a standard in case of absence of such a standard. In the absence of published standards at the time of the application of product-specific requirements and in case of a non satisfactory response by the European standardisation body, the Commission should in exceptional, justified cases, adopt common specifications through implementing acts and the compliance with such specifications should also give rise to the presumption of conformity. In cases where the common specifications are, at a later stage, found to have shortcomings, the Commission should by implementing act amend or repeal the common specifications in question. If there is a justified need to adopt standards through implementing act, the Commission should also consult and actively involve relevant stakeholders. _________________ 35 Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12)
Amendment 149 #
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31 a) An active involvement in the work of international standardisation committees is an important strategic prerequisite to place future technologies into the market. In some cases, participation of Europe has been underrepresented in these committees. Therefore, the Commission and Member States should actively support the work of European enterprises in such international standardisation committees. Before considering the adoption of standards by secondary legislation, the Comission shall carefully assess the work done on international level.
Amendment 150 #
Proposal for a regulation
Recital 31 b (new)
Recital 31 b (new)
(31 b) The Commission should ensure consistency regarding harmonised standards and common specifications under this regulation and when reviewing Regulation (EU) No 1025 (2012).
Amendment 151 #
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, as well as portable batteries used in light means of transport and in other individual urban transport modes, 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 163 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Where justified andBy 31 December 2027 and where 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,and based on an impact assessment, the Commission shall propose a delegated act in accordance with Article 73,islative initiative to amend the targets laid down in paragraphs 2 and 3.
Amendment 167 #
Proposal for a regulation
Recital 54
Recital 54
(54) As the distributor makes a battery available on the market after it has been placed on the market or put into service by the manufacturer or the importer, the distributor should act with due care to ensure that its handling of the battery does not adversely affect its compliance with the requirements of this Regulation. Online market platforms should be considered as distributors for the purposes of this regulation.
Amendment 189 #
Proposal for a regulation
Recital 89
Recital 89
(89) Producers and distributors, including online market platforms, should be actively involved in providing information to end users that batteries should be collected separately, that collection schemes are available and that end users have an important role in ensuring an environmentally optimal management of waste batteries. The disclosure of information to all end users as well as reporting on batteries should make use of modern information technologies. The information should be provided either by classical means, such as outdoors, posters and social media campaigns, or by more innovative means, such as electronic access to websites provided by QR codes affixed to the battery.
Amendment 195 #
Proposal for a regulation
Article 39 – title
Article 39 – title
39 Obligation for economic operators that place rechargeable industrial batteries and electric-vehicle batteries with internal storage and a capacity above 2 kWh or portable batteries used in light means of transport and in other individual urban transport modes on the market to establish supply chain due diligence policies
Amendment 204 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall apply to all batteries, namely portable batteries, including batteries for light means of transport, automotive batteries, electric vehicle batteries and industrial batteries, regardless of their shape, volume, weight, design, material composition, use or purpose. It shall also apply to batteries incorporated in or added to other products.
Amendment 208 #
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 OECD Guidelines for Multinational Enterprises;
Amendment 209 #
Proposal for a regulation
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
(21) ‘QR code’ means a matrix barcode that links to information about a battery model;
Amendment 213 #
Proposal for a regulation
Article 39 – paragraph 2 – point d – paragraph 1 – introductory part
Article 39 – paragraph 2 – point d – paragraph 1 – introductory part
Such a system shall be supported by documentation that provides at least the following information:
Amendment 216 #
Proposal for a regulation
Article 39 – paragraph 2 – point d – paragraph 1 – point iv a (new)
Article 39 – paragraph 2 – point d – paragraph 1 – point iv a (new)
(iv a) any other relevant information for the purpose of the identification of risks listed in Annex X, Point 2.
Amendment 216 #
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, including online market platforms, which places a battery on the market, with regard to social and electric-vehicle battery on the marketnvironmental risk categories, and where applicable, in relation to its management system, risk management, third party verifications by notified bodies and disclosure of information with a view to identifying and addressing actual and potential risks linked to the sourcing, processing and trading of the raw materials required for battery manufacturing;
Amendment 226 #
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 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 230 #
Proposal for a regulation
Article 9 – title
Article 9 – title
Performance and durability requirements for portable batteries of general use and batteries for light means of transport
Amendment 234 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. From 1 January 2027, portable batteries of general use and batteries for light means of transport shall meet the values for the electrochemical performance and durability parameters set out in Annex III as laid down in the delegated act adopted by the Commission pursuant to paragraph 2.
Amendment 237 #
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 and Human Rights and OECD Guidelines for Multinational Enterprises.
Amendment 237 #
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. By 31 December 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 portable batteries of general use and batteries for light means of transport shall attain.
Amendment 242 #
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 batteries for light means of transport 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 excessive administrative burden shall be imposed on manufacturers of the batteries and the appliances concerned.
Amendment 259 #
Proposal for a regulation
Article 57 – paragraph 4
Article 57 – paragraph 4
4. The Commission shall, by 31 December 2023, adopt an implementing delegated act to establish detailed rules regarding the calculation and verification of recycling efficiencies and recovery of materials. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 74(3)3.
Amendment 261 #
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 amendBy 31 December 2027, the Commission shall assess the progress towards reaching the minimum levels of recovered materials for waste batteries laid down in Annex XII, Parts B and C, and propose a legislative initiative to revise those minimum levels upwards if appropriate, in light of technical and scientific progress and emerging new technologies in waste management.
Amendment 262 #
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. 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. Removability and replaceability requirements may only apply to battery packs as a whole and not individual cells or other parts included in the battery pack.
Amendment 268 #
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 battery, without affecting the functioning or the, performance or safe operation of that appliance.
Amendment 270 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1 a (new)
Article 11 – paragraph 1 – subparagraph 1 a (new)
The economic operator placing the battery on the market shall make information available where such independent operators are established in the respective Member State
Amendment 280 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2 a. the novelty of the application requires a fixed connection to the battery and does not allow for a removable battery to guarantee its proper functioning
Amendment 301 #
Proposal for a regulation
Annex X – point 1 – point d a (new)
Annex X – point 1 – point d a (new)
(d a) copper;
Amendment 303 #
Proposal for a regulation
Annex X – point 2 – point a
Annex X – point 2 – point a
(a) air, including air pollution;
Amendment 304 #
Proposal for a regulation
Annex X – point 2 – point b
Annex X – point 2 – point b
(b) water, including pollution and depletion of freshwater, drinking water, oceans and seas; access to drinking water;
Amendment 305 #
Proposal for a regulation
Annex X – point 2 – point c
Annex X – point 2 – point c
(c) soil, including soil contamination from waste disposal and treatment;
Amendment 307 #
(d) biodiversity, including damage to natural habitats, wildlife, flora and ecosystems;
Amendment 310 #
(i) community life, including life of indigenous communities.
Amendment 314 #
Proposal for a regulation
Annex X – point 3 – point d
Annex X – point 3 – point d
(d) ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, and the fundamental conventions listed in Annex I of the Declaration;
Amendment 314 #
Proposal for a regulation
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. The Commission shall actively support the work of European enterprises in international standardisation committees. In exceptional cases, after consulting relevant stakeholders, and after having requested one or more European standardisation organisations to draft EU standards, the Commission 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 318 #
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 322 #
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1
Article 16 – paragraph 1 – subparagraph 1
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(3)take into account the findings of the stakeholder consultation and the work by European standardisation bodies referred to in paragraph 1 and be adopted in accordance with the examination procedure referred to in Article 74(3). The Commission shall ensure coherence with the provisions of this article when revising the European standardisation regulation (EU) No 1025/2012.
Amendment 323 #
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1
Article 16 – paragraph 1 – subparagraph 1
Thosee Commission shall seek to align the common specifications with international standards unless a deviation seems justified. In an exceptional, justified case, implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(3).
Amendment 354 #
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
5. A notifying authority shall have a sufficient number of competent personnel and sufficient funding at its disposal for the proper performance of its tasks.
Amendment 378 #
Proposal for a regulation
Article 33 – paragraph 2 – introductory part
Article 33 – paragraph 2 – introductory part
2. A notified body shall perform its activities in a proportionate manner, avoiding unnecessary burdens for economic operators, in particular small and medium-sized enterprises, and taking due account of the size of an undertaking, the sector in which the undertaking operates, the structure of the undertaking, the degree of complexity of the battery to be assessed and the mass or serial nature of the production process.
Amendment 385 #
Proposal for a regulation
Article 36 – title
Article 36 – title
36 Exchange of experience and good practices
Amendment 386 #
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
The Commission shall provide for the organisation of exchange of experience and good practices between the Member States’ national authorities responsible for notification policy.
Amendment 396 #
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 399 #
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 407 #
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 policy for the supply chain of raw materials indicated in Annex X, point 1, starting at the point of extraction of raw materials;
Amendment 410 #
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 sAnnex I "Five- Step Framework for Risk-Based Due Diligence in the Mineral Supply cChain p" and the "Model Supply Chain Policy" in Annex II to the OECD Due Diligence Guidance;
Amendment 461 #
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
Fulfilment service providers, including online marketplaces, shall ensure that, for batteries that they handle, the conditions during warehousing, packaging, addressing or dispatching, do not jeopardise the batteries’ compliance with the requirements set out in Chapters II, III and IVII.
Amendment 469 #
Proposal for a regulation
Article 60 – paragraph 1 – point f a (new)
Article 60 – paragraph 1 – point f a (new)
(f a) for portable batteries, the deposit refund schemes established by Member States pursuant to Article 72a and information on the amount of the refund.
Amendment 529 #
Proposal for a regulation
Article 72 a (new)
Article 72 a (new)
Article 72 a Deposit refund schemes Member States shall introduce mandatory deposit refund schemes for the collection of waste portable batteries. Consumers and other end-users shall be informed in a clear and comprehensible manner about the scheme and refund amounts in accordance with paragraph 1(fa) of Article 60.
Amendment 559 #
Proposal for a regulation
Article 77 – paragraph 2 – subparagraph 1
Article 77 – paragraph 2 – subparagraph 1
Where appropriate, the report shall be accompanied by a legislative proposal for amendment of the relevant provisions of this Regulation. By [twenty two months after the date of entry into force of this Regulation], the Commission shall assess the complementarity of the parameters in Part A of Annex IV with international norms in particular UNECE GTR.
Amendment 617 #
Proposal for a regulation
Annex XIII – point 1 – point e
Annex XIII – point 1 – point e
(e) Battery composition, including critical raw materials, other than business sensitive information;