126 Amendments of Andreas SCHIEDER related to 2020/0353(COD)
Amendment 114 #
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. 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 124 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23 a) Interoperability within the different product categories of light means of transport and chargers simplifies the use of light means of transport for consumers and reduces unnecessary electronic waste and costs; therefore rechargeable batteries intended for use in light means of transport should be compatible with a common charger for particular categories or classes of light means of transport; this Regulation should therefore include specific requirements in this area.
Amendment 136 #
Proposal for a regulation
Recital 28
Recital 28
(28) In order to provide end users with transparent, reliable and clear information about batteries and their main characteristics, and waste batteries, to enable the end users to make informed decisions when buying and discarding batteries and to enable waste operators to appropriately treat waste batteries, batteries should be labelled. Batteries should be labelled with all the necessary information concerning their main characteristics, including their capacity, performance and content of certain hazardous substances. To ensure the availability of information over time, that information should also be made available by means of QR codes.
Amendment 140 #
Proposal for a regulation
Recital 29
Recital 29
(29) Information about the performance of batteries is essential to ensure that end- users as, especially consumers, are well and timely informed and in particular that they have a common basis to compare different batteries before making their purchase. Therefore, portable batteries of general use and automotive batteries should be marked with a label containing the information on their minimum average duration when used in specific applications. Additionally, it is important to guide the end-user to discard waste batteries in an appropriate way.
Amendment 143 #
Proposal for a regulation
Recital 30
Recital 30
(30) Rechargeable industrial batteries, batteries powering light means of transport and electric-vehicle batteries with internal storage with a capacity above 2 kWh should contain a battery management system that stores data so that the state of health and expected lifetime of batteries may be determined at any time by the end- user or any other third party acting on his behalf. In order to repurpose or remanufacture a battery, access to the battery management system should be provided to the person that has purchased the battery or any third party acting on its behalf at any time for evaluating the residual value of the battery, facilitating the reuse, repurposing or remanufacturing of the battery and for making the battery available to independent aggregators, as defined in Directive (EU) 201/944 of the European Parliament and of the Council34 , which operate virtual power plants in electricity grids. This requirement should apply in addition to Union law on type of approval of vehicles, including technical specifications that may originate from the work of the informal UNECE Working Group on Electric Vehicles and the Environment on data access in electric vehicles. _________________ 34Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU (OJ L 158, 14.6.2019, p. 125)
Amendment 148 #
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, standards 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 should adopt common specifications through implementingdelegated 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 implementingdelegated act amend or repeal the common specifications in question. _________________ 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 151 #
Proposal for a regulation
Recital 32
Recital 32
(32) To ensure effective access to information for market surveillance purposes, to adapt to new technologies and to ensure resilience in case of global crises, such as the Covid-19 pandemic, it should be possible to give information regarding conformity with all Union acts applicable to batteries should be handed in online in the form of a single EU declaration of conformity.
Amendment 153 #
Proposal for a regulation
Recital 35
Recital 35
(35) The chosen modules do not however reflect certain specific aspects of batteries and thus, it is necessary to adapt the modules chosen for the conformity assessment procedure. In order to take account of the novelty and complexity of the sustainability, safety and, labelling and information requirements set out in this Regulation and for the purpose of ensuring the conformity of batteries placed on the market with the legal requirements, 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 conformity assessment procedures by adding verifications steps or changing assessment module, on the basis of developments on the battery market or in the battery value chain.
Amendment 154 #
Proposal for a regulation
Recital 38
Recital 38
(38) Due to the novelty and complexity of the sustainability, safety and, labelling and information requirements for batteries and in order to ensure a consistent level of quality in the performance of conformity assessment of batteries, it is necessary to set requirements for notifying authorities involved in the assessment, notification and monitoring of notified bodies. In particular, it should be ensured that the notifying authority is objective and impartial with regard to its activity. Furthermore, notifying authorities should be required to safeguard the confidentiality of the information it obtains but should nonetheless be able to exchange information on notified bodies with national authorities, the notifying authorities of other Member States and the Commission to ensure consistency in the conformity assessment.
Amendment 155 #
Proposal for a regulation
Recital 39
Recital 39
(39) It is essential that all notified bodies perform their functions to the same level and under conditions of fair competition and autonomy. Therefore, requirements for conformity assessment bodies wishing to be notified in order to provide conformity assessment activities should be set. Those requirements should continue to apply as a prerequisite for the maintenance of the competence of the notified body. To ensure its autonomy, the notified body and the staff it employs should be required to maintain independence from economic operators in the battery value chain and from other companies, including business associations and parent companies and subsidiaries. The notified body should be required to document its independence, including by guaranteeing rotating teams and appropriate “cooling off” periods and provide that documentation to the notifying authority.
Amendment 158 #
Proposal for a regulation
Recital 43
Recital 43
(43) In the interests of facilitating and accelerating the conformity assessment procedure, the certification and ultimately the market access and in view of the novelty and complexity of the sustainability, safety and, labelling and information requirements for batteries, it is crucial that notified bodies have continuous access to all testing equipment and testing facilities needed and that they apply the procedures without creating unnecessary burdens for economic operators. For the same reason, and to ensure equal treatment of economic operators, it is necessary that the notified bodies apply the conformity assessment procedures consistently.
Amendment 165 #
Proposal for a regulation
Recital 53
Recital 53
(53) When placing a battery on the market or putting it into service, every importer should indicate on the battery the importer’s name, registered trade name or registered trade mark as well as the postal address, e-mail and telephone number. Exceptions should be provided for in cases where the size of the battery does not allow it. This includes cases where the importer would have to open the packaging to put the name and address on the battery or where the battery is too small in size to affix because the battery is too small in size to affix this information. Exceptions should as well be provided for in cases where the importer would have to open the packaging to put the name. In those exceptional cases, the importer should provide this information in a different easily accessible way; in case that packaging exists, this packaging should be used to indicate this information..
Amendment 169 #
Proposal for a regulation
Recital 55
Recital 55
(55) Any importer or distributor that either places a battery on the market or puts it into service under the importer’s or distributor’s own name or trademark or modifies a battery in such a way that compliance with the requirements of this Regulation may be affected or modifies the purpose of a battery that is already placed on the market should be considered to be the manufacturer and should assume the obligations of the manufacturer.
Amendment 170 #
Proposal for a regulation
Recital 56
Recital 56
(56) Distributors, including marketplaces and fulfilment service providers, and importers, being close to the market place, should be involved in market surveillance tasks carried out by the national authorities, and should be prepared to participate actively, providing those authorities with all necessary information relating to the battery concerned.
Amendment 172 #
Proposal for a regulation
Recital 57
Recital 57
(57) Ensuring traceability of a battery throughout the whole supply chain helps to make market surveillance simpler and more efficient. An efficient traceability system facilitates the market surveillance authorities' task of tracing economic operators who placed on the market or made available on the market or put into service non-compliant batteries. The economic operators should therefore be required to keep the information on their transactions of batteries for a certain period of time10 years.
Amendment 188 #
Proposal for a regulation
Recital 89
Recital 89
(89) Producers and distributors, including marketplaces and fulfilment service providers, 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 in an accessible and understandable way.
Amendment 192 #
Proposal for a regulation
Recital 97
Recital 97
(97) A procedure should exist under which interested parties are informed of measures intended to be taken with regard to batteries presenting a risk to human health, safety, property or the environment. It should also allow market surveillance authorities in the Member States, in cooperation with the relevant economic operators, to act at an early stage in respect of such batteries. In order to ensure uniform conditions for the implementation of this Regulation, implementingdelegated powers to adopt acts should be conferred on the Commission in order to determine whether national measures in respect of non- compliant batteries are justified or not.
Amendment 193 #
Proposal for a regulation
Recital 98
Recital 98
(98) The market surveillance authorities should have the right to require economic operators to take corrective actions on the basis of findings that either the battery is not compliant with the requirements of this Regulation or the economic operator infringes the rules on the placing or making available on the market of a battery, or on sustainability, safety and, labelling and information or on supply chain due diligence.
Amendment 197 #
(105) The Commission should adopt immediately applicable implementingdelegated acts determining whether a national measure taken in respect of a compliant battery that presents a risk is justified or not where, in duly justified cases relating to the protection of human health, safety, property or the environment, imperative grounds of urgency so require.
Amendment 211 #
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 2 – paragraph 1 – point 33
Article 2 – paragraph 1 – point 33
(33) ‘conformity assessment’ means the process demonstrating whether the sustainability, safety and, labelling and information requirements of this Regulation relating to a battery have been fulfilled;
Amendment 217 #
Proposal for a regulation
Article 2 – paragraph 1 – point 36
Article 2 – paragraph 1 – point 36
(36) ‘supply chain due diligence’ means the obligations of the economic operator which places a rechargeable industrial battery or an electric-vehicle battery on the market, in relation to its management system, risk management, third party verifications by notified bodies and disclosure of information with a view to identifying and addressing actual and potential risks linked to the sourcing, processing and trading of the raw materials required for battery manufacturing;
Amendment 232 #
Proposal for a regulation
Article 9 – title
Article 9 – title
Performance and durability requirements for portable batteries of general useand batteries for light means of transport
Amendment 236 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. From 1 January 2027, portable batteries of general useand 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 238 #
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 useand batteries for light means of transport shall attain.
Amendment 241 #
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, while single-use batteries should be a rare exception. 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 250 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 a (new)
Article 10 – paragraph 1 – subparagraph 1 a (new)
The information referred to in the first and second subparagraph regarding electric vehicle batteries shall be available to consumers prior to purchasing the vehicle.
Amendment 259 #
Proposal for a regulation
Article 11 – title
Article 11 – title
Removability and replaceability of portable batteries
Amendment 260 #
Proposal for a regulation
Article 11 – paragraph -1 (new)
Article 11 – paragraph -1 (new)
Amendment 261 #
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. Portable batteries incorporated in appliances and batteries for light means of transport shall be readily removable and replaceable by the end-user orand by independent operators, including community repair initiatives during the lifetime of the appliance, if the batteries have a shorter lifetime than the appliance, or at the latest at the end of the lifetime of the appliance. Repair instructions shall be made publicly available online in an easily understandable way for end users, including consumers, for the expected lifetime of the product.
Amendment 266 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
A battery is readily replaceable where, after its reversible non-destructive removal from an appliance, it can be substituted by a similar battery, using either an original or qualified part, without affecting the functioning, safety or the performance of that appliance.
Amendment 277 #
Proposal for a regulation
Article 11 – paragraph 2 – point b a (new)
Article 11 – paragraph 2 – point b a (new)
(b a) In these cases, the products shall be equipped with an easily understandable label informing about the non- replaceability of the battery and the batteries' expected lifetime.
Amendment 284 #
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11 a Common chargers Rechargeable batteries of light means of transport within certain categories or classes shall be constructed in a way that they comply with common chargers as of 1 January 2026. The Commission shall, by 31 December 2024, adopt delegated acts to establish harmonised specifications regarding categories or classes of light means of transport and common chargers. Those delegated acts shall be adopted in accordance with the procedure referred to in Article 73.
Amendment 286 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Stationary battery energy storage systems shall be accompanied by technical documentation easily understandable demonstrating that they are safe during their normal operation and use, including evidence that they have been successfully tested for the safety parameters laid down in Annex V, for which state-of-the-art testing methodologies should be used.
Amendment 291 #
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, indelibly on the battery and accessible for persons with disabilities in accordance with requirements of Directive (EU) 2019/882 (European Accessibility Act),the information does not exceed a level of complexity superior to level B1(intermediate) of the Council of Europe’s Common European Framework of Reference for Languages, as well as is provided in easy-to-read format. Where this is not possible or not warranted on account of the nature and size of the battery, labels shall be affixed to the packaging and to the documents accompanying the battery. In case of second life or repurposing of the battery, the label shall be replaced by a new one reflecting its second use status.
Amendment 298 #
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 as well as batteries powering light means of transport shall include a battery management system containing data on the parameters for determining the state of health and expected lifetime of batteries as laid down in Annex VII.
Amendment 301 #
Proposal for a regulation
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
2. Access to read-only 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:
Amendment 308 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
Amendment 313 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Batteries which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements set out in Article 12 to the extent that those requirements or parts thereof are covered by such harmonised standards.
Amendment 316 #
Proposal for a regulation
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. The Commission shall be empowered to adopt implementingdelegated 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 324 #
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1
Article 16 – paragraph 1 – subparagraph 1
Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 74(3)3.
Amendment 328 #
Proposal for a regulation
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
3 a. Delegated acts referred to in paragraph 1 shall be repealed with the date of publication of harmonised standards, covering the requirements or tests referred to in paragraph 1, in the Official Journal of the European Union.
Amendment 329 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Before a new battery model is placed on the market or put it into service, the manufacturer or its authorised representative shall ensure that an assessment of the product’s conformity with the requirements of Chapters II and III of this Regulation is carried out.
Amendment 338 #
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. Records and correspondence relating to the conformity assessment procedures of batteries shall be drawn up in anthe official language or languages of the Member State where the notified body carrying out the conformity assessment procedures referred to in paragraphs 1 and 2 is established, or in a language accepted by that body.
Amendment 342 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The EU declaration of conformity must be able to be filled electronically and 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 updated. It shall be translated into the language or languages required by the Member State in which the battery is placed or made available on the market or put into service.
Amendment 344 #
Proposal for a regulation
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
3 a. By drawing up the EU declaration of conformity, the manufacturer shall assume responsibility for the compliance of the product.
Amendment 355 #
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. A conformity assessment body shall be a third-party body independent from any and all business ties and from the battery modelies it assesses, in particular from battery manufacturers, the battery manufacturers’ trade partners, shareholding investors on the battery manufacturers’ plants and from other notified bodies and the notified bodies’ business associations, parent companies or subsidiaries.
Amendment 357 #
Proposal for a regulation
Article 25 – paragraph 4 – introductory part
Article 25 – paragraph 4 – introductory part
4. A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment tasks shall not be the designer, manufacturer, supplier, importer, distributor, installer, purchaser, owner, user or maintainer of the batteries which they assess, nor the authorised representative of any of those parties. This shall not preclude the use of batteries that are necessary for the operations of the conformity assessment body or the use of batteries for personal purposes.
Amendment 358 #
Proposal for a regulation
Article 25 – paragraph 4 – subparagraph 2 a (new)
Article 25 – paragraph 4 – subparagraph 2 a (new)
The conformity assessment body shall ensure rotation between the responsible personnel carrying out the conformity assessment tasks.
Amendment 360 #
Proposal for a regulation
Article 25 – paragraph 6 – introductory part
Article 25 – paragraph 6 – introductory part
6. A conformity assessment body shall be capable of carrying out all the conformity assessment activitietasks mentioned in Annex VIII and in relation to which it has been notified, whether those tasks are carried out by the conformity assessment body itself or on its behalf and under its responsibility.
Amendment 361 #
Proposal for a regulation
Article 25 – paragraph 6 – subparagraph 1 – point a
Article 25 – paragraph 6 – subparagraph 1 – point a
(a) in-house personnel with technical knowledge and sufficient and appropriate experience to perform the conformity assessment activitietasks;
Amendment 363 #
Proposal for a regulation
Article 25 – paragraph 6 – subparagraph 1 – point c
Article 25 – paragraph 6 – subparagraph 1 – point c
(c) appropriate policies and procedures to distinguish between activities that it carries out as a notified body and other activitietasks;
Amendment 365 #
Proposal for a regulation
Article 25 – paragraph 6 – subparagraph 2
Article 25 – paragraph 6 – subparagraph 2
A conformity assessment body shall at all times have access to all the information, testing equipment or facilities needed for each conformity assessment procedure and each battery model in relation to which it has been notified.
Amendment 366 #
Proposal for a regulation
Article 25 – paragraph 7 – point c
Article 25 – paragraph 7 – point c
(c) appropriate knowledge and understanding of the requirements set out in Chapters II and III, of the due diligence standards established in Article 39, of the applicable harmonised standards referred to in Article 15 and common specifications referred to in Article 16 and of the relevant provisions of Union harmonisation legislation and of national legislation;
Amendment 367 #
Proposal for a regulation
Article 25 – paragraph 8 – introductory part
Article 25 – paragraph 8 – introductory part
8. The impartiality of a conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment activitietasks shall be guaranteed.
Amendment 368 #
Proposal for a regulation
Article 25 – paragraph 8 – subparagraph 1
Article 25 – paragraph 8 – subparagraph 1
The remuneration of the top level management and the personnel responsible for carrying out the conformity assessments activitietasks shall not depend on the number of conformity assessments carried out or on the results of those assessments.
Amendment 369 #
Proposal for a regulation
Article 25 – paragraph 10
Article 25 – paragraph 10
10. The personnel of a conformity assessment body shall observe professional secrecy with regard to all information obtained in carrying out the conformity assessment activitietasks in accordance with Annex VIII, except in relation to the competent authorities of the Member State in which its activities are carried out. Proprietary rights shall be protected.
Amendment 370 #
Proposal for a regulation
Article 25 – paragraph 11
Article 25 – paragraph 11
11. A conformity assessment body shall participate in, or ensure that its personnel responsible for carrying out the conformity assessment activitietasks are informed of, the relevant standardisation activities and the activities of the notified body coordination group established pursuant to Article 37 and shall apply as general guidance the administrative decisions and documents produced as a result of the work of that group.
Amendment 377 #
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. Where the Commission ascertains that a notified body does not meet or no longer meets the requirements for its notification, it shall adopt an implementing delegated act requesting the notifying authority to take the necessary corrective action, including withdrawal of the notification if necessary. That implementingdelegated act shall be adopted in accordance with the advisory procedure referred to in Article74(2) 73.
Amendment 381 #
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. Where a notified body finds that the requirements set out in Chapters II and, III or Article 39, harmonised standards referred to in Article 15, common specifications referred to in Article 16 or other technical specifications have not been met by a manufacturer, it shall require that manufacturer to take appropriate corrective action in view of a second and final certification decision, unless the deficiencies cannot be remedied, in which case the certificate cannot be issued.
Amendment 393 #
Proposal for a regulation
Article 38 – paragraph 8
Article 38 – paragraph 8
8. Manufacturers shall indicate their name, registered trade name or registered trade mark and, the postal address and, web address, e-mail address and telephone number at which they can be contacted on the packaging of the battery. The postal address shall indicate a single point at which the manufacturer can be contacted. Such information shall be in a language easily understood by end-users and market surveillance authorities and shall be clear, understandable and legible.
Amendment 395 #
39 Obligation for economic operators that place rechargeable industrial batteries and electric-vehicle batteries with internal storage and a capacity above 2 kWha battery on the market to establishconduct supply chain due diligence policies
Amendment 400 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. As of [12 months after the entry into force of the Regulation] the economic operator that places rechargeable industrial batteries and electric-vehicle batteries with internal storage and a capacity above 2 kWha battery model on the market shall comply with thearry out supply chain due diligence, shall comply with obligations set out in paragraphs 2 to 5 of this Article and shall keep documentation demonstrating its respective compliance with those obligations, including the results of the third-party verification carried out by notified bodies.
Amendment 405 #
Proposal for a regulation
Article 39 – paragraph 2 – point a
Article 39 – paragraph 2 – point a
(a) adopt, and clearly communicate to suppliers and the public, a company due diligence policy for the supply chain of batteries and raw materials indicated in Annex X, point 1, as well as for other associated environmental and human rights risks along the entire supply chain;
Amendment 411 #
(b) incorporate in its supply chain policy standards consistent with the standards set out in the model supply chain policy in Annex IIinternationally recognised due diligence standards listed in Annex X, point 4 to the OECD Due Diligence Guidance;
Amendment 413 #
Proposal for a regulation
Article 39 – paragraph 2 – point d – introductory part
Article 39 – paragraph 2 – point d – introductory part
(d) establish and operate a system of controls and transparency over the supply chain, including a chain of custody or traceability system or the, identification of ying upstream actors in the supply chain.
Amendment 415 #
Proposal for a regulation
Article 39 – paragraph 2 – point d – paragraph 1 – point i
Article 39 – paragraph 2 – point d – paragraph 1 – point i
(i) description of the raw material, including its trade name and type, as well as of services, hard and software as indicated in Annex X point 2;
Amendment 416 #
Proposal for a regulation
Article 39 – paragraph 2 – point d – paragraph 1 – point ii
Article 39 – paragraph 2 – point d – paragraph 1 – point ii
(ii) name and address of the supplier that supplied the raw material present in the batteries, as well as of services, hard and software as indicated in Annex X point 2, to the economic operator that places on the market the batteries containing the raw material in question;
Amendment 419 #
Proposal for a regulation
Article 39 – paragraph 2 – point d – paragraph 2
Article 39 – paragraph 2 – point d – paragraph 2
Amendment 424 #
Proposal for a regulation
Article 39 – paragraph 2 – point f
Article 39 – paragraph 2 – point f
(f) establish a grievance mechanism as an early-warning risk-awareness system as well as remediation mechanism for harm or provide such mechanism through collaborative arrangements with other economic operators or organisations, or by facilitating recourse to an external expert or body, such as an ombudsman.
Amendment 427 #
Proposal for a regulation
Article 39 – paragraph 3 – point a
Article 39 – paragraph 3 – point a
(a) identify and assess the adverse impacts associated to the risk categories including amongst others the ones listed in Annex X, point 2, in its supply chain on the basis of the information provided pursuant to paragraph 2, as well as any further relevant information that may be either publicly available or be provided by third parties, including potentially affected communities or relevant civil society organisations, against the standards of their supply chain policy;
Amendment 430 #
Proposal for a regulation
Article 39 – paragraph 3 – point b – point ii
Article 39 – paragraph 3 – point b – point ii
(ii) adopting risk management measures consistent with Annex IIthe internationally recognised due diligence standards listed in Annex X, point 4 to the OECD Due Diligence Guidance, considering their ability to influence, and where necessary take steps to exert pressure on suppliers and further business partners who can most effectively prevent or mitigate the identified risk;
Amendment 432 #
Proposal for a regulation
Article 39 – paragraph 3 – point b – point iii
Article 39 – paragraph 3 – point b – point iii
(iii) implementing the risk management plan, monitoring and tracking performance of risk mitigation efforts, reporting back to senior management designated for this purpose and considering suspending or discontinuing engagement with a supplier and further business partners after failed attempts at mitigation, based on relevant contractual arrangements in line with the second subparagraph to paragraph 2 above;
Amendment 435 #
Proposal for a regulation
Article 39 – paragraph 3 – subparagraph 1
Article 39 – paragraph 3 – subparagraph 1
If the economic operator referred to in paragraph 1 pursues risk mitigation efforts while continuing trade or temporarily suspending trade, it shall consult with suppliers and with the stakeholders concerned, including local and central government authorities, international or civil society organisations and affected third parpotentially affected communities, and agree on a strategy for measurable risk mitigation in the risk management plan.
Amendment 438 #
Proposal for a regulation
Article 39 – paragraph 3 – subparagraph 2
Article 39 – paragraph 3 – subparagraph 2
The economic operator referred to in paragraph 1 shall identify and assess the probability of adverse impacts in the risk categories listed in Annex X, point 2, in its supply chain based on available reports by third-party verification done by a notified body concerning the suppliers in that chain, and, by assessing, as appropriate, its due diligence practices. Those verification reports shall be in accordance with the first subparagraph in paragraph 4. In the absence of such third-party verification reports concerning suppliers, the economic operator referred to in paragraph 1 shall identify and assess the risks in its supply chain as part of its own risk management systems. In such cases, economic operators referred to in paragraph 1 shall carry outvalue chain. The economic operators referred to in paragraph 1 may make use of third -party verifications of its own supply chains due diligence via a notified body in accordance with the first subparagraph in paragraph 4 reports for that purpose.
Amendment 444 #
Proposal for a regulation
Article 39 – paragraph 7
Article 39 – paragraph 7
7. The Commission shall develop guidance as regards the application of the due diligence requirements defined in paragraphs 2 and 3 of this Article, with regard to the social and environmental risks referred to in Annex X, point 2, and particularly in line with the international instruments referred to in Annex X, point 3 and 4.
Amendment 447 #
Proposal for a regulation
Article 39 – paragraph 8 – point b
Article 39 – paragraph 8 – point b
(b) amend the obligations on the economic operator referred to in paragraph 1 set out in paragraphs 2 to 4 in view of amendments to Regulation (EU) 2017/821 and changes to the due diligence recommendations set out in Annex Ithe internationally recognised due diligence standards in Annex X, point 4 to the OECD Due Diligence Guidance.
Amendment 453 #
Proposal for a regulation
Article 41 – paragraph 3
Article 41 – paragraph 3
3. Importers shall indicate on the battery their name, registered trade name or registered trade mark, and the address at which they can be contacted or, wthere that is not possible, e-mail address and the telephone number on its packaging or in a document accompanying the battery. The contact details shall be in a language easily understood by consumers, other end-users and the market surveillance authorities.
Amendment 459 #
Proposal for a regulation
Article 42 – paragraph 5
Article 42 – paragraph 5
5. Distributors who consider or have reason to believe that a battery, which they have made available on the market, is not in conformity with the requirements set out in Chapters II and III shall make sure that the corrective action necessary to bring that battery into conformity, to withdraw it or recall it, as appropriate, are taken. Furthermore, where the battery presents a risk, distributors shall immediately inform the national authority of the Member States in which they made the battery available on the market to that effect, giving details, in particular, of the non-compliance and of any corrective action taken. If there is no other actor available to consumers, distributors shall take full responsibility for the products they offer.
Amendment 467 #
Proposal for a regulation
Article 60 – paragraph 1 – point a
Article 60 – paragraph 1 – point a
(a) the contribution of end users to waste prevention, including by information on good practices and the producer's safety recommendations concerning the use of batteries aiming at extending their use phase and the possibilities of preparation for reuse;
Amendment 470 #
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, other end-users and accessible for persons with disabilities in accordance with requirements of Directive (EU)2019/882 (European Accessibility Act), as determined by the Member State concerned.
Amendment 473 #
Proposal for a regulation
Article 60 – paragraph 4
Article 60 – paragraph 4
4. Distributors that supply batteries to end-users shall provide in their retail premises, in a visible manner and permanently, and through their online marketplaces the information listed in paragraph 1 and 2, and information on how the end users may return waste batteries free of charge to the respective collection points established at retail outlets or on behalf of a marketplace. That obligation shall be limited to the types of batteries which the distributor or retailer has, or had, as new batteries in its offer.
Amendment 478 #
Proposal for a regulation
Article 64 – paragraph 5 – introductory part
Article 64 – paragraph 5 – introductory part
5. The Commission shall, by 31 December 2024, adopt implementingdelegated acts to establish:
Amendment 480 #
Proposal for a regulation
Article 64 – paragraph 5 – subparagraph 1
Article 64 – paragraph 5 – subparagraph 1
Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 74(3)3.
Amendment 495 #
Proposal for a regulation
Article 65 – paragraph 7 – introductory part
Article 65 – paragraph 7 – introductory part
7. The Commission is empowered to adopt implementingdelegated acts to establish the rules for accessing, sharing, managing, exploring, publishing and reusing of the information and data accessible through the battery passport.
Amendment 496 #
Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 74(3)3.
Amendment 498 #
Proposal for a regulation
Article 66 – paragraph 1 – introductory part
Article 66 – paragraph 1 – introductory part
1. Where the market surveillance authorities of one Member State have sufficient reason to believe that a battery covered by this Regulation presents a risk to human health or safety of persons, to property or to the environment, they shall carry out an evaluation in relation to the battery concerned covering all relevant requirements laid down in this Regulation. The relevant economic operator shall be responsible for, and be able to demonstrate full compliance with, the respective obligations. The burden of proof lies on the relevant economic operator.
Amendment 500 #
Proposal for a regulation
Article 66 – paragraph 1 – subparagraph 1
Article 66 – paragraph 1 – subparagraph 1
Where, in the course of the evaluation referred to in the first subparagraph, the market surveillance authorities find that the battery does not comply with the requirements laid down in this Regulation, they shall without delay require the relevant economic operator to take all appropriate corrective action to bring the battery into compliance with those requirements, to withdraw it from the market, or to recall it within a reasonable period which is commensurate with the nature of the risk referred to in the first subparagraph and to stop the sale until compliance is guaranteed. Where corrective actions are not appropriate or not possible, the market surveillance authorities shall without delay require the relevant economic operator to ban the sale, withdraw it from the market, to notify and to inform consumers and to recall it without undue delay.
Amendment 507 #
Proposal for a regulation
Article 67 – paragraph 1 – introductory part
Article 67 – paragraph 1 – introductory part
1. Where, on completion of the procedure set out in Article 66(3) and (4), objections are raised against a measure taken by a Member State, or where the Commission considers a national measure to be contrary to Union legislation, the Commission shall without delay enter into consultation with the Member States and the relevant economic operator or operators and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall decide by means of an implementingdelegated act whether the national measure is justified or not.
Amendment 508 #
Proposal for a regulation
Article 67 – paragraph 1 – subparagraph 1
Article 67 – paragraph 1 – subparagraph 1
That implementingdelegated act shall be adopted in accordance with the examination procedure referred to in Article 74(3)3.
Amendment 511 #
Proposal for a regulation
Article 68 – paragraph 4
Article 68 – paragraph 4
4. The Commission shall without delay enter into consultation with the Member States and the relevant economic operator or operators and shall evaluate the national measures taken. On the basis of the results of that evaluation, the Commission shall adopt an implementing delegated act in the form of a decision determining whether the national measure is justified or not and, where necessary, ordering appropriate measures.
Amendment 512 #
Proposal for a regulation
Article 68 – paragraph 5
Article 68 – paragraph 5
5. That implementingdelegated act shall be adopted in accordance with the examination procedure referred to in Article 74(3)3.
Amendment 513 #
Proposal for a regulation
Article 68 – paragraph 6
Article 68 – paragraph 6
6. On duly justified imperative grounds of urgency relating to the protection of human health and safety of persons, and to the protection of property or to the environment, the Commission shall adopt an immediately applicable implementingdelegated act in accordance with the procedure referred to in Article 74(3)3.
Amendment 515 #
Proposal for a regulation
Article 69 – paragraph 1 – introductory part
Article 69 – paragraph 1 – introductory part
1. Without prejudice to Article 66, where a Member State finds that a battery falling outside the scope of Article 68 is non-compliant with this Regulation or an economic operator has infringed an obligation set out in this Regulation, shall require the relevant economic operator to put an end to the non-compliance concerned. To facilitate this task, Member States shall establish easily accessible reporting channels for consumers on non- compliance. Such non compliances shall include the following:
Amendment 518 #
Proposal for a regulation
Article 69 – paragraph 1 – point k a (new)
Article 69 – paragraph 1 – point k a (new)
(k a) the requirements on electronical availability of information referred to in Article 64 are not fulfilled;
Amendment 519 #
Proposal for a regulation
Article 69 – paragraph 1 – point k b (new)
Article 69 – paragraph 1 – point k b (new)
(k b) the requirements on battery passport referred to in Article 65 are not fulfilled.
Amendment 521 #
Proposal for a regulation
Article 69 – paragraph 3 a (new)
Article 69 – paragraph 3 a (new)
3 a. Competent authorities of the Member States shall be granted investigative powers to carry out appropriate controls, risk-based or on grounds of received information, to detect possible non-compliance.
Amendment 523 #
Proposal for a regulation
Article 70 – paragraph 1
Article 70 – paragraph 1
1. Contracting authorities, as defined in Article 2(1) of Directive 2014/24/EU or Article 3(1) of Directive 2014/25/EU, or contracting entities, as defined in Article 4(1) of Directive 2014/25/EU shall, when procuring batteries or products containing batteries in situations covered by those Directives, take account ofgive mandatory preference to the best available environmentally friendly batteries through a product database, while taking into account the environmental impacts of batteries over their whole life cycle and the lifetime with a view to ensure that such impacts of the batteries procured are kept to a minimum. Single-use batteries shall only be procured on an exceptional, duly justified, basis.
Amendment 525 #
Proposal for a regulation
Article 70 – paragraph 2
Article 70 – paragraph 2
2. The obligation set out in paragraph 1 shall apply to any contracts entered into by contracting authorities or contracting entities for the purchase of batteries or products containing batteries and shall mean that these contracting authorities and contracting entities are obliged to include technical specifications and award criteria based on Articles 7 to 10 and 39 to ensure that a product is chosen among products with significantly lower environmental impacts over their lifecycle.
Amendment 527 #
Proposal for a regulation
Article 70 – paragraph 3
Article 70 – paragraph 3
3. The Commission shall, by 31 December 2026, adopt delegated acts in accordance with Article 73 supplementing this Regulation by establishing minimum mandatory green public procurement criteria or targets based on the requirements set out in Articles 7 to 10, and 39.
Amendment 533 #
Proposal for a regulation
Article 73 – paragraph 6
Article 73 – paragraph 6
6. A delegated act adopted pursuant to Articles 6(2), 7(1), (2) and (3), 9(2), 10(3), 12(2), 13(7), 16(1), 17(4), 27(3), 32(4), 39(8), 55(4), 56(4), 57(6), 58(3), 64(5) and (7), 67(1), 68(4) and (6), and 70(2) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 534 #
Proposal for a regulation
Article 75 – title
Article 75 – title
Amendments to Regulation (EU) 21019/1020
Amendment 537 #
Proposal for a regulation
Article 76 – title
Article 76 – title
Amendment 538 #
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 implementedeffective access to justice in the EU, whether the harm occurred inside or outside the EU, for victims of harm by ensuring remediation and liability as well as penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. Economic operators are liable for harm they, or a company they control or have the ability to control, have caused or contributed to. Where two or more operators are liable for the same harm, they shall be liable jointly. The penalties provided for shall be effective, proportionate and dissuasive. 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 565 #
Proposal for a regulation
Annex III – title
Annex III – title
Electrochemical performance and durability parameters for portable batteries of general useand batteries for light means of transport
Amendment 576 #
Proposal for a regulation
Annex VI – Part C – paragraph 1
Annex VI – Part C – paragraph 1
The QR code shall be 100% blackof a single colour either 100% black or 100% white in order to give the best contrast against the surface colour of the battery and of a size that is easily readable by a commonly available QR reader, such as those integrated in hand-held communication devices.
Amendment 590 #
Proposal for a regulation
Annex X – point 1 – point e a (new)
Annex X – point 1 – point e a (new)
(e a) Copper
Amendment 591 #
Proposal for a regulation
Annex X – point 1 – point e b (new)
Annex X – point 1 – point e b (new)
(e b) Iron
Amendment 592 #
Proposal for a regulation
Annex X – point 1 – point e c (new)
Annex X – point 1 – point e c (new)
(e c) Bauxite
Amendment 593 #
Proposal for a regulation
Annex X – point 1 a (new)
Annex X – point 1 a (new)
1 a. Services, hardware and software
Amendment 594 #
Proposal for a regulation
Annex X – point 2 – point a
Annex X – point 2 – point a
(a) air (including but not limited to air pollution);
Amendment 595 #
Proposal for a regulation
Annex X – point 2 – point b
Annex X – point 2 – point b
(b) water (including but not limited to water contamination, access to water, water usage and depletion);
Amendment 596 #
Proposal for a regulation
Annex X – point 2 – point c
Annex X – point 2 – point c
(c) soil (including but not limited to soil contamination, soil erosion and land degradation);
Amendment 597 #
Proposal for a regulation
Annex X – point 2 – point d
Annex X – point 2 – point d
(d) biodiversity (including but not limited to damage to habitats, wildlife, flora and ecosystem services);
Amendment 601 #
Proposal for a regulation
Annex X – point 2 – point i
Annex X – point 2 – point i
(i) community life including that of indigenous people;.
Amendment 603 #
Proposal for a regulation
Annex X – point 2 – point i a (new)
Annex X – point 2 – point i a (new)
(i a) climate change;
Amendment 604 #
Proposal for a regulation
Annex X – point 2 – point i b (new)
Annex X – point 2 – point i b (new)
(i b) waste treatment (including but not limited to mine tailings)
Amendment 609 #
Proposal for a regulation
Annex X – point 3 – point f a (new)
Annex X – point 3 – point f a (new)
(f a) The Paris Agreement;
Amendment 610 #
Proposal for a regulation
Annex X – point 3 – point f b (new)
Annex X – point 3 – point f b (new)
(f b) All international human rights conventions that are binding the European Union or its Member States, including the International Bill of Human Rights;
Amendment 611 #
Proposal for a regulation
Annex X – point 3 – point f c (new)
Annex X – point 3 – point f c (new)
(f c) International humanitarian law instruments, such as the Geneva Conventions and their additional protocols, as well as instruments defining obligations under international criminal law and arms control conventions;
Amendment 612 #
Proposal for a regulation
Annex X – point 3 – point f d (new)
Annex X – point 3 – point f d (new)
Amendment 613 #
Proposal for a regulation
Annex X – point 3 – point f e (new)
Annex X – point 3 – point f e (new)
(f e) Relevant regional human rights instruments, including the African Charter of Human and Peoples’ Rights, the American Convention on Human Rights, the European Convention on Human Rights, the European Social Charter, the Charter of Fundamental Rights of the European Union;
Amendment 614 #
Proposal for a regulation
Annex X – point 3 – point f f (new)
Annex X – point 3 – point f f (new)
(f f) National constitutions and laws recognising or implementing human rights;
Amendment 615 #
Proposal for a regulation
Annex X – point 3 a (new)
Annex X – point 3 a (new)
3 a. The internationally recognized due diligence principles applicable to the due diligence established under Art. 39 of this Regulation: a) UN Guiding Principles for Businesses and Human Rights; b) ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy; c) OECD Guidelines for Multinational Enterprises; d) ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy; e) OECD Due Diligence Guidance for Responsible Business Conduct; f) OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas.
Amendment 1035 #
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
Amendment 1041 #
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
1. End users shall discard waste batteries separately from other waste streams, including from mixed municipal waste, provided that take-back measures are in place at a reasonable distance and within reach.