Activities of Eugen JURZYCA related to 2020/0353(COD)

Proposal for a regulation
Recital 2

(2) Batteries are thus an important ~~source~~carrier 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 while taking into consideration new regulatory burden, 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. 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.

2021/09/23
Committee: IMCO

Proposal for a regulation
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 in view of minimising their environmental impact. 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, prepurposing 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)aring for reuse and recycling of batteries.

2021/09/23
Committee: IMCO

Proposal for a regulation
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.

2021/09/23
Committee: IMCO

Proposal for a regulation
Recital 10

(10) This Regulation should apply to ~~all types of batteries and accumulator~~portable batteries, light means of transport batteries, automotive batteries, electric vehicle batteries and industrial batteries including stationary storage batteries 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 athese batter~~y is~~ies are specifically designed for a product or isare of general use and regardless of whether ~~it is~~they are incorporated into a product or is supplied together with or separately from a product in which ~~it is~~they were to be used.

2021/09/23
Committee: IMCO

Proposal for a regulation
Recital 13

(13) Batteries should be designed and manufactured so as to optimise their performance, durability and safety and to minimise their environmental footprint. It is appropriate to lay down specific sustainability requirements for ~~rechargeable industrial~~stationary storage batteries and electric vehicle batteries with internal storage with a ~~capacit~~nominal energy above 2 kWh as such batteries represent the market segment which is expected to increase most in the coming years.

2021/09/23
Committee: IMCO

Proposal for a regulation
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.

2021/09/23
Committee: IMCO

Proposal for a regulation
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~~stationary storage 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 stationary 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.

2021/09/23
Committee: IMCO

Proposal for a regulation
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~~stationary storage batteries.

2021/09/23
Committee: IMCO

Proposal for a regulation
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~~portable batteries of general use 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, where, based on a life cycle assessment, the alternative use of rechargeable batteries would result in overall environmental benefits.

2021/09/23
Committee: IMCO

Proposal for a regulation
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~~exclusively the necessary information concerning their main characteristics, including their capacity and content of certain hazardous substances as some batteries and its packaging contain limited space to provide all information. Increasing the battery packaging size to include extensive number of information could lead to higher packaging waste. To ensure the availability of information over time, that information should also be made available by means of QR codes.

2021/09/23
Committee: IMCO

Proposal for a regulation
Recital 29

(29) Information about the performance of batteries is essential to ensure that end- users as 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~~capacity when used in specific applications. The information on the minimum average duration of non- rechargeable portable batteries of general use shall be in line with the relevant IEC standard and be made available via a QR label. Additionally, it is important to guide the end-user to discard waste batteries in an appropriate way.

2021/09/23
Committee: IMCO

Proposal for a regulation
Recital 30

(30) ~~Rechargeable industrial~~Stationary storage batteries and electric-vehicle batteries with internal storage with a ~~capacit~~nominal energy 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 prep~~urpo~~are for reuse 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, prep~~urposing~~aring for reuse 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)

2021/09/23
Committee: IMCO

Proposal for a regulation
Recital 31

(31) A number of product-specific requirements under this Regulation, including on performance, durability, prep~~urposing~~aring for reuse 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 should adopt common specifications through implementing acts and the compliance with such specifications should also give rise to the presumption of conformity. This should not be, in any case, be considered as an alternative or parallel system to the standardisation system, but the last resort in the case of missing common specification. 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. _________________ 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)

2021/09/23
Committee: IMCO

Proposal for a regulation
Recital 50

(50) The manufacturer should provide sufficiently detailed information on the intended use of the battery so as to allow its correct and safe placing on the market, putting into service, use and end-of-life management, including possible prep~~urposing~~aring for reuse.

2021/09/23
Committee: IMCO

Proposal for a regulation
Recital 93

(93) In order to enhance transparency along supply and value chains for all stakeholders, it is necessary to provide for an electronic system that maximises the exchange of information, enabling tracking and tracing of batteries, provides information about the carbon intensity of their manufacturing processes as well as the origin of the materials used, their composition, including raw materials and hazardous chemicals, repair, prep~~urposing~~aring for reuse and dismantling operations and possibilities, and the treatment, recycling and recovery processes to which the battery could be subject to at the end of their life. That electronic system should be established in phases with a prototype system being made available to the concerned economic operators and Member States authorities at least a year in advance of the finalisation of the implementing measures defining the final features and the data access policy of the system to enable their input and timely compliance. Such data access policy should take into account the relevant principles established in EU legislation, including the Commission’s proposal for a Regulation of the European Parliament and of the Council on European data governance (Data Governance Act).61 In order to ensure uniform conditions for the implementation of the electronic exchange system for battery information, implementing powers should be conferred on the Commission. _________________ 61https://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:52020 PC0767&from=DA

2021/09/23
Committee: IMCO

Proposal for a regulation
Recital 109

(109) In order to allow Member States to adapt the register of producers set up under Directive 2006/66/EC and to take the necessary administrative measures regarding the organisation of the authorisation procedures by the competent authorities, while keeping continuity for economic operators, Directive 2006/66/EC should be repealed as of 1 July 2023. Obligations under that Directive related to monitoring and reporting the collection rate of portable batteries and the recycling efficiencies of recycling processes shall remain in force until 31 December 20235, and the related obligations for the transmission of data to the Commission shall remain in force until 31 December 20257, in order to ensure continuity until new calculation rules and reporting formats are adopted by the Commission under this Regulation.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 1 – paragraph 2

2. This Regulation shall apply to ~~all~~ portable batteries, ~~namely portable~~light 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.

2021/09/23
Committee: IMCO

Proposal for a regulation
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.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 1 – point 21

(21) ‘QR code’ means a matrix ~~barcode~~ that links to information about a battery model;

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 1 – point 26

(26) ‘prep~~urposing~~aring for reuse’ means any operation carried out by an authorised facility that results in parts or the complete battery being used for a different purpose or application than the one that the battery was originally designed for;.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 1 – point 36

(36) ‘supply chain due diligence’ means the obligations of the economic operator which places a ~~rechargeable industrial~~stationary storage batteries 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;

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 1 – point 40

(40) ‘reuse~~’ means the complete or partial direct re-use of the battery for the original purpose the battery was designed for~~ of a battery’ means any operation by which a battery, which is not waste, is used again for the original purpose;

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 1 – point 56 a (new)

(56 a) ‘remanufacturing’ means any treatment that involves dismantling a product, restoring and replacing components, and testing the individual parts and the whole product to its original design specifications, with the performance after remanufacture expected to be the same or better than the original performance specification (‘like new’);

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 1 – point 56 b (new)

(56 b) ‘nominal energy’ means the amount of energy that can be withdrawn from the battery at a particular constant current, starting from a fully charged state declared by the manufacturer, expressed in Wh;

2021/09/23
Committee: IMCO

Proposal for a regulation
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.

2021/09/23
Committee: IMCO

Proposal for a regulation
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.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 8 – paragraph 3

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: (a) 20% cobalt; (b) 85 % lead; (c) 10% lithium; (d) 12% nickel.deleted

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 9 – paragraph 1

1. ~~From 1 January 2027~~24 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.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 10

Performance and durability requirements for rechargeable industrial batteries and 1. From [12 months after entry into force of the Regulation], rechargeable industrial batteries and electric vehicle batteries with internal storage and a capacity above 2 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. The technical documentation 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 include, at least, the elements laid down in Part B of Annex IV. 2. From 1 January 2026, rechargeable industrial batteries with internal storage and a capacity above 2 kWh 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. 3. By 31 December 2024, the Commission shall adopt a delegated act in accordance with Article 73 to supplement this Regulation by establishing minimum values for the electrochemical performance and durability parameters laid down in Part A of Annex IV that rechargeable industrial batteries with internal storage and capacity above 2 kWh shall attain. 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 excessive administrative burden shall be imposed on manufacturers of the batteries and the appliances concerned.Article 10 deleted electric vehicle batteries

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 10 – title

10 Performance and durability requirements for ~~rechargeable industrial~~stationary storage batteries and electric vehicle batteries

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 10 – paragraph 1 – introductory part

1. From [124 months after entry into force of the Regulation], ~~rechargeable industrial~~stationary storage batteries and electric vehicle batteries with internal storage and a ~~capacit~~nominal 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.

2021/09/23
Committee: IMCO

Proposal for a regulation
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.

2021/09/23
Committee: IMCO

Proposal for a regulation
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).

2021/09/23
Committee: IMCO

Proposal for a regulation
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.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 10 – paragraph 2

2. From ~~1 January 2026, rechargeable industrial batteries with internal storage and a capacity above 2 kWh~~24 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.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 10 – paragraph 3 – introductory part

3. By 31 December 2024, the Commission ~~shall adop~~may 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 kWh~~stationary storage batteries shall attain.

2021/09/23
Committee: IMCO

Proposal for a regulation
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.

2021/09/23
Committee: IMCO

Proposal for a regulation
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~~battery that conforms to the original specifications, without affecting the functioning or the performance of that appliance.

2021/09/23
Committee: IMCO

Proposal for a regulation
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.

2021/10/26
Committee: ENVI

Proposal for a regulation
Article 11 – paragraph 2

2. The obligations set out in paragraph 1 shall not apply where (a) continuity of power supply is necessary and a permanent connection between the appliance and the portable battery is required for safety, performance, medical or data integrity reasons; or (b) the functioning of the battery is only possible when the battery is integrated into the structure of the appliance.deleted

2021/09/23
Committee: IMCO

Proposal for a regulation
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.

2021/10/26
Committee: ENVI

Proposal for a regulation
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.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 13 – paragraph 5 – point a

(a) from ~~1 January 2027, for all~~[24 months after the entry into force of the delegated act establishing harmonised specifications for the labelling requirements adopted referred to in paragraph 7], for batteries the information referred to in paragraph 1;

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 13 – paragraph 5 – point b

(b) from ~~1 January 2027~~[24 months after the entry into force of the delegated act establishing harmonised specifications for the labelling requirements adopted referred to in paragraph 7], for portable and automotive batteries the information referred to in paragraph 2;

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 13 – paragraph 5 – point f

(f) from ~~1 July 2024~~[36 months after the entry into force of the delegated act establishing the methodology to calculate the total carbon footprint referred to in Article 7(1)], for electric vehicle batteries and for ~~rechargeable industrial~~stationary storage batteries with internal storage and a ~~capacit~~nominal energy above 2 kWh the carbon footprint declaration referred to in Article 7(1);

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 13 – paragraph 5 – point g

(g) from ~~1 January 2026,~~[36 months after the entry into force of the delegated act establishing the carbon footprint performance classes] for electric vehicle batteries and for ~~rechargeable industrial~~stationary storage batteries with internal storage and a ~~capacit~~nominal energy above 2 kWh the carbon footprint performance class referred to in Article 7(2);

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 13 – paragraph 6

6. Labels and QR code referred to in paragraphs 1 to 5 shall be ~~printed or engraved~~ visiblye, legiblye and indeliblye 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 and to the documents accompanying the battery. In case of second life or repurposing of the battery, any such label shall be replaced with a new label reflecting its second use status.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 14 – paragraph 1

1. ~~Rechargeable industrial batteries and electric vehicle~~Stationary storage lithium and sodium batteries with internal storage and a ~~capacit~~nominal 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).

2021/09/23
Committee: IMCO

Proposal for a regulation
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 basi~~with 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:

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 14 – paragraph 2 – point b

(b) facilitating the reuse, prep~~urposing~~aring for reuse or remanufacturing of the battery;

2021/09/23
Committee: IMCO

Proposal for a regulation
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 of~~via QR codes.

2021/10/26
Committee: ENVI

Proposal for a regulation
Article 14 – paragraph 3

~~3. The provisions of this Article shall apply in addition to those laid down in Union law on type approval of vehicles.~~deleted

2021/09/23
Committee: IMCO

Proposal for a regulation
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.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 15 – paragraph 2

2. Batteries which are tested following 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 referred to in Articles 9, 10, 13 and 59(5)(a) to the extent that those requirements are covered by such harmonised standards or parts thereof.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 15 – paragraph 2 a (new)

2 a. By 01 January 2026, the Commission shall adopt delegated acts in order to determine the exceptions from the Article 15(2) for the destructive tests and its parameters for batteries where such tests have unproportioned costs, especially for manufacturers of small series of models. 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 are covered by such harmonised standards or parts thereof.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 15 – paragraph 2 b (new)

2 b. For portable batteries, the conformity assessment procedure will apply to the portable batteries of general use as defined in art. 2(8) of this Regulation.

2021/09/23
Committee: IMCO

Proposal for a regulation
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:

2021/09/23
Committee: IMCO

Proposal for a regulation
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

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 16 – paragraph 1 – point c

(c) the Commission has decided in accordance with the procedure referred to in Article 11(5) of Regulation (EU) No 1025/2012 to maintain with restriction or to withdraw the references to the harmonised standards or parts thereof by which those requirements or tests are covered.deleted

2021/09/23
Committee: IMCO

Proposal for a regulation
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~~.

2021/09/23
Committee: IMCO

Proposal for a regulation
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.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 17 – paragraph 1 a (new)

1 a. A portable battery model is to be considered a new model when the battery specification changes by more than 0,1g or 20% mass, whichever is greater, for the cathode, anode or electrolyte.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 17 – paragraph 1 b (new)

1 b. Other than portable battery type model shall be considered a new model when the change 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.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 17 – paragraph 2

2. C24months after publication by the Commission of the list of notified bodies as provided in Article 30, conformity assessment of batteries with the requirements set out in Articles 6, 9, 10, 11, 12, 13 and 14 shall be carried out in accordance with the procedure set out in Part A of Annex VIII.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 17 – paragraph 3

3. Conformity assessment of batteries with requirements set out in Articles 7, 8 and 39 shall be carried out in accordance with the procedure set out in Part B of Annex VIII, if applicable.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 17 – paragraph 4

4. The Commission is empowered to adopt delegated acts in accordance with Article 73 to amend Annex VIII by ~~introducing additional verification steps in the conformity assessment modules or by~~ replacing ~~those~~ modules by other modules set out in Decision No 768/2008/EC, if necessary after adapting them to the specific requirements for batteries.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 17 – paragraph 5

5. Records and correspondence relating to the conformity assessment of batteries shall be drawn up in an official language 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.

2021/09/23
Committee: IMCO

Proposal for a regulation
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 updated~~updated 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.

2021/09/23
Committee: IMCO

Proposal for a regulation
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.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 20 – paragraph 3

3. The CE marking shall be followed by the identification number of the notified body ~~that has carried out the conformity assessment~~if required under Annex VIII, part B. That identification number shall be affixed by the notified body itself or, under its instructions, by the manufacturer or by the manufacturer’s authorised representative.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 20 – paragraph 5 a (new)

5 a. This provision shall apply for 24 months, after the Commission has published the list of notified bodies as provided in Article 30.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 22 – paragraph 1

1. Member States shall designate a notifying authority that shall be responsible for setting up and carrying out the necessary procedures for the assessment and notification of conformity assessment bodies and the monitoring of notified bodies, including compliance with Article 257.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 23 – paragraph 1

1. A notifying authority shall be established, organised and operated so as to safeguard the objectivity and impartiality of its activities and to avoid conflicts of interest with notified bodies and conformity assessment bodies applying for notification in accordance with Article 28.deleted

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 23 – paragraph 1 a (new)

1 a. A notifying authority shall be established in such a way that no conflict of interest with conformity assessment bodies occurs. A notifying authority shall be organised and operated so as to safeguard the objectivity and impartiality of its activities.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 23 – paragraph 4

4. A notifying authority shall safeguard the confidentiality of the information it obtains. However, it ~~shall~~may, upon request and proper consideration, exchange information on notified bodies with the Commission as well as with notifying authorities of other Member States and other relevant national authorities.

2021/09/23
Committee: IMCO

Proposal for a regulation
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, installer, importer, distributor, 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.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 25 – paragraph 6 – introductory part

6. A conformity assessment body shall be capable of carrying out all the conformity assessment ~~activitie~~tasks 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.

2021/09/23
Committee: IMCO

Proposal for a regulation
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 ~~activitie~~tasks;

2021/09/23
Committee: IMCO

Proposal for a regulation
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 ~~activitie~~tasks;

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 25 – paragraph 11

11. A conformity assessment body shall participate in, or ensure that its personnel responsible for carrying out the conformity assessment activities are informed of, the relevant standardisation activities and the ~~activitie~~tasks 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.

2021/09/23
Committee: IMCO

3. Activities may be subcontracted or carried out by a subsidiary only with the agreement of the client. The establishment and the supervision of internal procedures, general policies, codes of conduct or other internal rules, the assignment of personnel to specific tasks and the decision on certification, which may not be delegated to a subcontractor or a subsidiary.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 28 – paragraph 2

2. The application for notification shall be accompanied by a description of the conformity assessment activities, of the conformity assessment module or modules set out in Annex VIII and of the battery model for which the conformity assessment body claims to be competent, a~~s well as~~nd if applicable by an accreditation certificate, issued by a national accreditation body attesting that the conformity assessment body fulfils the requirements laid down in Article 25.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 29 – paragraph 5

5. The conformity assessment body concerned may perform the activities of a notified body only where no objections are raised by the Commission or the other Member States within two weeks of the notification where it includes an accreditation certificate referred to in Article 28(2) or within two months of the notification where it includes documentary evidence referred to in ~~Article 28(3)~~paragraph 4.

2021/09/23
Committee: IMCO

Proposal for a regulation
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 act requ~~est~~iring the notifying authority to take the necessary corrective action, including withdrawal of the notification if necessary. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article74(2).

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 33 – paragraph 2 – introductory part

2. A notified body shall ~~per~~carry out conform itsy a~~ctivitie~~ssessments in a proportionate manner, avoiding unnecessary burdens for economic operators, 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.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 33 – paragraph 3

3. Where a notified body finds that the requirements set out in Chapters II ~~and~~or III , 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~~measures and shall not issue a conformity certificate.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 33 – paragraph 4

4. Where, in the course of the monitoring of conformity following the issue of a certificate of conformity or the adoption of an approval decision, a notified body finds that a battery no longer complies, it shall require the manufacturer to take appropriate corrective ~~action~~measure and shall suspend or withdraw the certificate of conformity or the approval decision, if necessary.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 33 – paragraph 5

5. Where corrective ~~action~~measure is not taken or do not have the required effect, the notified body shall restrict, suspend or withdraw any certificates of conformity or approval decisions, as appropriate.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 35 – paragraph 2

2. A notified body shall provide other bodies notified ~~bodies~~under this Regulation carrying out similar conformity assessment activities covering the same batteries with relevant information on issues relating to negative and, on request, positive conformity assessment results.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 37 – paragraph 1

The Commission shall ensure that appropriate coordination and cooperation between bodies notified ~~bodies~~under this Regulation are put in place and properly operated in the form of a sectoral group or groups of notified bodies.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 38 – paragraph 1 – introductory part

1. When placing a new battery model on the market or putting it into service, including for the manufacturers’ own purposes, manufacturers shall ensure that the battery:

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 38 – paragraph 4 – introductory part

4. Manufacturers shall ensure that an EU declaration of conformity is drawn up in accordance with Article 18 in a language which can be easily understood by consumers and other end-users for each battery that they placeHowever, where several batteries are delivered simultaneously to a single user, the batch or consignment concerned may be accompanied by a single copy onf the ~~market or put into service~~EU declaration of conformity.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 38 – paragraph 6

6. Manufacturers shall ensure that procedures are in place for a battery that is part of a series production to remain in conformity with this Regulation. Changes in the production process or in battery design or characteristics and changes in the harmonised standards referred to in article 15, common specifications referred to in Article 16 or other technical specifications by reference to which the conformity of the battery is declared or by application of which its conformity is verified shall ~~trigger a re-examination of the conformity assessm~~be adequately takent into acco~~rdance with the relevant conformity assessment procedure referred to in paragraphs 2 and 3 of Article 17~~unt.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 38 – paragraph 7

~~7. Manufacturers shall ensure that the battery is labelled in accordance with the requirements in paragraphs 1 to 8 of Article 13.~~deleted

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 39 – title

39 Obligation for economic operators that place ~~rechargeable industrial~~stationary storage batteries and electric-vehicle batteries with internal storage and a ~~capacit~~nominal energy above 2 kWh on the market to establish supply chain due diligence policies

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 39 – paragraph 1

1. As of ~~[12 months after the entry into force of the Regulation]~~1 July 2027 the economic operator that places ~~rechargeable industrial~~stationary storage batteries and electric-vehicle batteries with internal storage and a ~~capacit~~nominal energy 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.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 39 – paragraph 2 – point d – paragraph 1 – point iii

(iii) country of origin of the raw material ~~and the market transactions from the raw material’s extraction to the immediate supplier to the economic operator~~;

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 39 – paragraph 2 – point d – paragraph 1 – point iv

(iv) quantities of the raw material present in the battery models placed on the market, expressed in percentage or weight.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 39 – paragraph 2 – point d – paragraph 2

The requirements set out in ~~the current point (d~~Article 39(2) may be implemented through participation in industry-led schemes.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 39 – paragraph 6 – introductory part

6. The economic operator referred to in paragraph 1 shall make available to its immediate downstream purchasers ~~all~~ information gained and maintained pursuant to its supply chain due diligence policies with due regard for business confidentiality and other competitive concerns.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 39 – paragraph 6 – subparagraph 1

The economic operator referred to in paragraph 1 shall on an annual basis, publicly report as widely as possible, including on the internet, on its supply chain due diligence policies. That report shall contain the steps taken by that economic operator to comply with the requirements set out in paragraphs 2 and 3, including findings of significant adverse impacts in the risk categories listed in Annex X, point 2, and how they have been addressed, as well as a summary report of the third-party verifications carried out in accordance with point 4, including the name of the notified body, with due regard for business confidentiality and other competitive concernin accordance with the Non-Financial Reporting Directive 2014/95/EU (or respectively the upcoming Corporate Sustainability Reporting Directive), on its supply chain due diligence policies.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 39 – paragraph 7

7. TBy 1 January 2026, 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.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 39 – paragraph 8 – point b a (new)

(b a) specify conditions to recognise international tools or industry schemes that would allow to grant presumption of conformity with provisions under Article 39, pursuant to article 72(2).

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 40 – paragraph 2

2. The designation shall constitute the authorised representative's mandate, it shall be valid only when accepted in writing by the authorised representative and shall be effective at least for ~~all~~ batteries of the same battery model.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 40 – paragraph 4 – point b

(b) keep the EU declaration of conformity and the ~~updated~~ technical documentation at the disposal of market surveillance authorities for 10 years after the battery has been placed on the market;

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 40 – paragraph 4 – point c

(c) further to a reasoned request from a national authority, provide that authority with all the information and technical documentation necessary to demonstrate the conformity of the battery. The technical documentation shall be provided in either paper or electronic format;

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 41 – paragraph 2 – introductory part

2. Before placing a battery on the market or putting it into service, importers shall a) verify that the ~~relevant~~EU declaration of conformity and technical documentation referred to in Annex VIII have been drawn up and that an appropriate conformity assessment procedure referred to in Article 17 has been carried out by the manufacturer. ~~They shall~~b) verify that the manufacturer has drawn up the technical documentation referred to in Annex VIII, that the battery bears the CE marking referred to in Article 19 and the QR code referred to in Article 13(5), is accompanied by the required documentsbattery bears the CE marking referred to in Article 19 is accompanied by the required documents in a language which can be easily understood by end-users, as set by the Member State, and that the manufacturer has complied with the obligations set out in paragraphs 7, 8 and 9 of Article 38.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 41 – paragraph 4

~~4. Importers shall ensure the manufacturer has fulfilled its obligations under paragraphs 7, 9 and 10 of Article 38.~~deleted

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 41 – paragraph 6

6. ~~When deemed appropriate with regard to~~Depending on the risks presented by a battery, ~~importer~~notified bodies 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, of non-conforming batteries and battery recalls, and shall keep distributors informed of such monitoring.

2021/09/23
Committee: IMCO

Proposal for a regulation
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 importers are aware of the fact that the battery presents a risk, ~~importers~~they 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.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 42 – paragraph 2 – point b

(b) the battery bears the CE marking referred to in Article 19,

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 42 – paragraph 2 – point d

(d) the manufacturer and the importer have complied with the requirements set out in paragraphs 7, 9 and 10 of Article 38 and Article 41(3) ~~and (4)~~ respectively.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 42 – paragraph 6

6. Distributors shall, further to a reasoned request from a national authority provide that authority 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 the risks posed by batteries that they have made available on the market.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 44 – paragraph 1 – introductory part

An importer or distributor shall be considered a manufacturer for the purposes of this Regulation and that importer or distributor shall be subject to the obligations of the manufacturer under Article 4038, where

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 44 – paragraph 1 – point a

(a) a battery is placed on the market or put into service under that importer’s or distributor’s own name or trademark; or

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 44 – paragraph 1 – point b

(b) a battery already placed on the market or put into service is modified by that importer or distributor in such a way that compliance with the requirements of this Regulation may be affected; or

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 45 – paragraph 1 – point b

(b) the identity of any economic operator to which they have supplied a battery~~, as well as the quantity and exact models~~.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 60 – paragraph 1 – introductory part

1. Producers or~~, where appointed in accordance with Article 47(2),~~ producer responsibility organisations acting on their behalf shall make available to end users and distributors the following information regarding the prevention and management of waste batteries with respect to the types of batteries that the producers supply within the territory of a Member State:

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 60 – paragraph 1 – point b

(b) the role of end users in contributing to the separate collection of waste batteries in accordance with their obligations under Article 51 so as to allow their treatment ~~and recycling~~;

2021/09/23
Committee: IMCO

Proposal for a regulation
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.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 64 – paragraph 1

1. ~~By 1 January 2026~~From [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”).

2021/09/23
Committee: IMCO

Eugen JURZYCA, Alexandr VONDRA, Evžen TOŠENOVSKÝ

Proposal for a regulation
Article 64 – paragraph 2

2. The system shall contain the information and data on ~~rechargeable industrial~~stationary 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.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 64 – paragraph 3

3. The economic operators that place a ~~rechargeable industrial~~stationary 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.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 64 – paragraph 5 – introductory part

5. The Commission shall, by 31 December 20245, adopt implementing acts to establish:

2021/09/23
Committee: IMCO

Proposal for a regulation
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.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 65 – paragraph 1

1. ~~By 1 January 2026, each industrial~~From [24 months after the entry into force of the implementing act referred to in Article 65 (7)], each stationary storage battery and electric vehicle battery placed on the market or put into service and whose ~~capacit~~nominal energy is higher than 2 kWh shall have an electronic record (“battery passport”).

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 65 – paragraph 2

2. The battery passport shall be unique for each ~~individual~~stationary storage battery referred to in paragraph 1 and shall be identified through a unique identifier that the economic operator placing the battery on the market shall attribute to it and which shall be printed or engraved on it.

2021/09/23
Committee: IMCO

Proposal for a regulation
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~~stationary storage battery or an electric vehicle battery on the market shall ensure that the data included in the battery passport is accurate, complete and up-to- date.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 65 – paragraph 6

6. When the change in the status is due to repairing or prep~~urposing~~aring for reuse activities, the responsibility for the battery record in the battery passport shall be transferred to the economic operator that is considered to place the ~~industrial~~stationary storage battery or the electric vehicle battery on the market or that puts it into service.

2021/09/23
Committee: IMCO

Proposal for a regulation
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~~performing appropriate checks on an adequate scale laid down in this Regulation.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 66 – paragraph 4 – introductory part

4. WAccording to Regulation 2019/1020 where the relevant economic operator does not take adequate corrective action within the period referred to in the second subparagraph of paragraph 1, the market surveillance authorities shall take all appropriate provisional measures to prohibit or restrict the batteries being made available on their national market, to withdraw the battery from that market or to recall it.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 66 – paragraph 5 – point b

(b) substantial shortcomings in the harmonised standards referred to in Article 15;

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 66 – paragraph 5 – point c

(c) substantial shortcomings in the common specifications referred to in Article 16.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 66 – paragraph 8

8. According to Regulation 2019/1020, Member States shall ensure that appropriate restrictive measures, such as withdrawal of the battery from the market, are taken in respect of the battery concerned without delay.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 68 – paragraph 1

1. Where, having carried out an evaluation under Article 67(1), a Member State finds that although a battery is in compliance with the requirements set out in Chapters II and III, it presents a risk to the human health or safety of persons, to the protection of property or to the environment, it shall without delay require the relevant economic operator to take all appropriate measures within a reasonable period and commensurate with the nature of the risk, to ensure that the battery concerned, when placed on the market, no longer presents that risk, to withdraw the battery from the market or to recall it~~, within a reasonable period which is commensurate with the nature of that risk~~.

2021/09/23
Committee: IMCO

Proposal for a regulation
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 act in the form of a decision determining whether the national measure is justified or not and, where necessary, ~~order~~proposing appropriate measures.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 69 – paragraph 1 – point c

(c) the identification number of the notified body involved, where relevant, in the production control phase has been affixed in violation of Article 20 or has not been affixed;

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 69 – paragraph 1 – point g

(g) the information referred to in paragraphs 7, 9 and 10 of Article 38 or Article 41(3) ~~and (4)~~ is absent, false or incomplete or, in the case of the instructions for use, not translated into a language accepted by the Member States where the battery is placed on the market or made available;

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 69 – paragraph 2

2. Where the operator does not put an end to the non-compliance referred to in point (k) of paragraph 1, a notice of ~~remedial~~corrective action shall be issued.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 73 – paragraph 2

2. The power to adopt delegated acts referred to in Articles ~~6(2),~~ 7(1), (2) and (3), 9(2), 10(31), 12(2), 17(4), 27(3), 39(8), 55(4), 56(4), 57(6), 58(3) and 70(2) shall be conferred on the Commission for a period of five years from [date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension no later than three months before the end of each period.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 73 – paragraph 3

3. The delegation of power referred to in Articles ~~6(2),~~ 7(1), (2) and (3), 9(2), 10(31), 12(2), 17(4), 27(3), 39(8), 55(4), 56(4), 57(6), 58(3) and 70(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 73 – paragraph 4

4. Before adopting a delegated act, the Commission shall prepare impact assessment and gather all necessary expertise including consulting experts designated by each Member State, use of expert groups in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making in view of technical and scientific progress.

2021/09/23
Committee: IMCO

Proposal for a regulation
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 batteries~~18 months after the entry into force of the implementing act and delegated act referred to in the second subparagraph of paragraph 2.

2021/10/26
Committee: ENVI

Proposal for a regulation
Article 75 a (new)

Article 75 a Amendments to Regulation (EU) 1907/2006 Regulation (EU) 1907/2006 is amended as follows: The table in Annex XVII shall be amended as follows: (a) the column entry 18 shall be amended as follows: 8. Batteries, whether or not incorporated into appliances, shall not contain more than 0,0005 % of mercury (expressed as mercury metal) by weight. 9.Batteries used in vehicles to which Directive 2000/53/EC applies shall not contain more than 0,1% of mercury (expressed as mercury metal) by weight in homogeneous material. (b) the column entry 23 shall be amended as follows: 12. Portable batteries, whether or not incorporated into appliances, shall not contain more than 0,002% of cadmium (expressed as cadmium metal) by weight. 13.The restriction set out in point 1 shall not apply to portable batteries intended for use: (a)emergency and alarm systems, including emergency lighting; (b)medical equipment. 14.Batteries used in vehicles to which Directive 2000/53/EC applies shall not contain more than 0,01% of cadmium (expressed as cadmium metal) by weight in homogeneous material. 15.The restriction set out in point 3 does not apply to vehicles that benefit from an exemption on the basis of Annex II to Directive 2000/53/EC.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 77 – paragraph 1

1. By 31 December 2030 and every 7 years thereafter, the Commission shall ~~draw up~~publish a report on the application of this Regulation and its impact on the environment and the functioning of the internal market.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 77 – paragraph 2 – introductory part

2. Taking account of technical progress and practical experience gained in Member States, the Commission shall in its report include in particular an evaluation on the following aspects of this Regulation:

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 77 – paragraph 2 – point -a (new)

(-a) General aspects: - whether adjustments are needed to the definitions set out in this Regulation, - whether the scope of requirements covered by this Regulation remains appropriate, the requirements are proportionate and effective, - the volume of metals recovered that were used in battery production; - the impact of this Regulation on the proper functioning of the Union’s internal market for batteries and waste batteries, including the impact on access to and prices of raw and recycled materials, - the comparison of the regulatory environment in the European union with regulatory environments of other key global players in the battery industry, including the comparison of the compliance costs, the prices of the batteries available on the market, the availability of batteries and availability of the raw and recycled materials, - the comparison of environmental impact of batteries placed on the Union market compared to the other regions, - whether the secondary acts have been published on time, - the impact of the Regulation on greenhouse gas emissions savings, - the number of administrative fines and criminal penalties imposed according to or in relation with this Regulation and the amount collected classified by Member States; - whether the data collected by the Commission and national authorities based on this Regulation are publicly available, the impact of the Regulation on the price of batteries analysed per the battery category, - the cost-benefit analysis of requirements set out in this Regulation for each requirement. - whether the same objectives can not be delivered by aligning the Regulation with commonly used international standard, with reduced administrative or compliance costs, - whether the administrative burden is proportionate and appropriate for each battery category and whether there is space for its reduction, - analysis of impact of the Regulations on the competition and investments, including per the key requirements,

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 77 – paragraph 2 – point a a (new)

(a a) whether the scope of Carbon footprint declaration and thresholds referred to in Article 7 of this Regulation remains appropriate in relation to the internal market functioning, global market functioning and environmental goals. Whether the scope should be extended or reduced to other categories of batteries,

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 77 – paragraph 2 – point a c (new)

(a c) whether the GHG emissions savings of EV batteries compared to combustion engines reached its target in reducing carbon footprint, as expected in the impact assessment of the Regulation,

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 77 – paragraph 2 – point a d (new)

(a d) the summary analysis of key requirements under the Chapter II, including analysis of the targets and the marginal environmental and economical impact of increased targets for the recycled content, collection targets, recycling efficiency targets. Such analysis shall be provided per each category of batteries,

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 77 – paragraph 2 – point a f (new)

(a f) 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;

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 77 – paragraph 2 – point b – point i (new)

i) whether the requirements set out in Article 13 and Article 14 and following secondary acts remain appropriate to pursue the objectives of this Regulation as regards the compliance and information disclosures for individuals and industry dealing with the batteries and waste batteries,

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 77 – paragraph 2 – point b – point ii (new)

ii) whether the labelling requirements remain proportionate including with the requirements under Chapter VIII and whether the labelling requirements could be simplified, whether administrative and compliance costs can be optimised,

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 77 – paragraph 2 – point b – point iii (new)

iii) the costs of complying with Chapter III and Chapter VIII of this Regulation for producers as a percentage of operational costs,

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 77 – paragraph 2 – point b – point iv (new)

iv) Comparison of labelling requirements and the consumers awareness with the other countries outside the Union,

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 77 – paragraph 2 – point b a (new)

(b a) - the effects on consumers and their informative shopping decision, whether the list of information provided to final client are effective and proportionate,

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 77 – paragraph 2 – point c – point i (new)

i) statistics on source of raw materials used in the batteries put on the market in the Union, including the analysis of the social and environmental risks associated with the extraction in those countries,

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 77 – paragraph 2 – point c – point ii (new)

ii) whether the level of social and environmental risk in raw material supply chain decreased in the high-risk areas, the amounts of extracted materials in the high-risk areas,

2021/09/23
Committee: IMCO

iii) one-off costs andthe recurring costs of the due diligence requirements for the industry,including the average costs as a percentage of total costs per the battery type,

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 77 – paragraph 2 – point d a (new)

(d a) conformity of batteries set out in Chapter IV: - percentage ofbatteries that are removed from electric and electronic equipment at theend-of-life, - whether the used methodologyis proportionate compliance costs per each type of battery, - the costs of complying with Chapter IV of this Regulation for producers as a percent age of operational costs, - whether thecommon specification adopted by the Commission remains appropriate in relationto the internal market functioning.

2021/09/23
Committee: IMCO

Proposal for a regulation
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, delegated or implemented act, methodology or guidance.

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 78 – paragraph 1 – introductory part

Directive 2006/66/EC is repealed with effect from 1 July 20235; however, its:

2021/09/23
Committee: IMCO

Proposal for a regulation
Article 79 – paragraph 2

It shall apply from 1 January 20225.

2021/09/23
Committee: IMCO

Proposal for a regulation
Annex III – point 1

1. Battery capacity, electric ~~cha~~energey which a battery can deliver under a specific set of conditions.

2021/09/23
Committee: IMCO

Proposal for a regulation
Annex IV – title

Electrochemical performance and durability requirements for ~~rechargeable industrial~~stationary storage batteries and electric vehicle batteries

2021/09/23
Committee: IMCO

Proposal for a regulation
Annex IV – Part A – paragraph 1 – point 1

1. Rated capacity (in Ah) and capacity fade (in %per year) (in % per time unit) (in % after a specified time interval).

2021/09/23
Committee: IMCO

Proposal for a regulation
Annex IV – Part A – paragraph 1 – point 2

2. Power (in W) and power fade (in %per year) (in % per time unit) (in % after a specified time interval).

2021/09/23
Committee: IMCO

Proposal for a regulation
Annex IV – Part A – paragraph 1 – point 4

4. Energy round trip efficiency and its fade (in %)per year) (in % per time unit) (in % after a specified time interval), if applicable.

2021/09/23
Committee: IMCO

Proposal for a regulation
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 conditions~~or milliampere-hours, of a cell or battery as measured by subjecting it to a load, temperature and voltage cut-off point specified by the manufacturer.

2021/09/23
Committee: IMCO

Proposal for a regulation
Annex IV – Part A – paragraph 6

‘Internal resistance’ means the opposition to the flow of current within a cell or a battery, that is, the sum of electronic resistance and ionic resistance to the contribution to total effective resistance including inductive/capacitive properties.deleted

2021/09/23
Committee: IMCO

Proposal for a regulation
Annex IV – Part A – paragraph 7

‘Energy round trip efficiency’ means the ratio of the net energy delivered by a battery during a discharge test to the total energy required to restore the initial State of Charge by a standard charge.deleted

2021/09/23
Committee: IMCO

Proposal for a regulation
Annex VI – Part C – paragraph 1

The QR code shall be ~~100% black~~of colour and of a size that is easily readable by a commonly available QR reader, such as those integrated in hand-held communication devices.

2021/09/23
Committee: IMCO

Proposal for a regulation
Annex VIII – Part A – point 2 – paragraph 2 – point b

~~(b) conceptual design and manufacturing drawings and schemes of components, sub-assemblies, circuits;~~deleted

2021/09/23
Committee: IMCO

Proposal for a regulation
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;

2021/09/23
Committee: IMCO

Eugen JURZYCA, Alexandr VONDRA, Evžen TOŠENOVSKÝ

Proposal for a regulation
Annex VIII – Part A – point 4 – paragraph 2 – indent 1 (new)

- A portable battery model will require a new conformityassessment whenever a change by more than 0,1 g or 20 % mass, whichever isgreater, for the cathode, anode or electrolyte is done. Other than portablebattery type will require a new conformity assessment whenever the change issubstantial and there is a potential risk of the change in the batteryperformance or characteristics related to the requirements of Chapters II andIII of this Regulation.

2021/09/23
Committee: IMCO

Proposal for a regulation
Annex VIII – Part B – point 2 – paragraph 2 – point b

~~(b) conceptual design and manufacturing drawings and schemes of components, sub-assemblies, circuits.;~~deleted

2021/09/23
Committee: IMCO

Proposal for a regulation
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.

2021/09/23
Committee: IMCO

Proposal for a regulation
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.

2021/09/23
Committee: IMCO

Proposal for a regulation
Annex XIII – point 1 – point e

~~(e) Battery composition, including critical raw materials;~~deleted

2021/09/23
Committee: IMCO

Proposal for a regulation
Annex XIII – point 1 – point k

~~(k) Original power capability (in Watts) and limits, with temperature range when relevant ;~~deleted

2021/09/23
Committee: IMCO

~~(l) Expected battery lifetime expressed in cycles, and reference test used ;~~deleted

2021/09/23
Committee: IMCO

Proposal for a regulation
Annex XIII – point 1 – point m

~~(m) Capacity threshold for exhaustion (only for EV batteries);~~deleted

2021/09/23
Committee: IMCO

Proposal for a regulation
Annex XIII – point 1 – point n

~~(n) Temperature range the battery can withstand when not in use (reference test);~~deleted

2021/09/23
Committee: IMCO

Proposal for a regulation
Annex XIII – point 1 – point o

~~(o) Period for which the commercial warranty for the calendar life applies;~~deleted

2021/09/23
Committee: IMCO

Proposal for a regulation
Annex XIII – point 1 – point p

~~(p) Initial round trip energy efficiency and at 50% of cycle-life;~~deleted

2021/09/23
Committee: IMCO

Proposal for a regulation
Annex XIII – point 1 – point q

~~(q) Internal battery cell and pack resistance;~~deleted

2021/09/23
Committee: IMCO

Proposal for a regulation
Annex XIII – point 1 – point r

~~(r) C-rate of relevant cycle-life test.~~deleted

2021/09/23
Committee: IMCO

Proposal for a regulation
Annex XIII – point 2 – point a

(a) ~~Detailed~~Generic composition, including materials used in the cathode, anode and electrolyte;

2021/09/23
Committee: IMCO

Proposal for a regulation
Annex XIII – point 2 – point b

~~(b) Part numbers for components and contact details of sources for replacement spares;~~deleted

2021/09/23
Committee: IMCO

Proposal for a regulation
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 ~~and~~or 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.

2021/10/26
Committee: ENVI

Proposal for a regulation
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.

2021/10/26
Committee: ENVI

Proposal for a regulation
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, i~~f necessary, keep a register of complaints, of~~nvestigate complaints concerning non- conforming batteries ~~and battery recalls, and shall keep distributors informed of such monitoring.~~given the number and nature of such complaints;

2021/10/26
Committee: ENVI

Proposal for a regulation
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 the~~address substantial risks posed by batteries that they have made available on the market, given that such risks can be eliminated.

2021/10/26
Committee: ENVI