Activities of Silvia MODIG related to 2020/0353(COD)
Plenary speeches (2)
Batteries and waste batteries (debate)
Batteries and waste batteries (debate)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020
Amendments (63)
Amendment 365 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7 – indent 3
Article 2 – paragraph 1 – point 7 – indent 3
— is not designed for exclusively industrial purposes; and
Amendment 379 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘light means of transport’ means wheeled vehicles that have an electric motor of less than 750 watts, on which travellers are seated when the vehicle is moving and that can be powered by the electric motor alone or by a combination of motor and human power;
Amendment 487 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point d
Article 7 – paragraph 1 – subparagraph 1 – point d
(d) the total carbon footprint of the battery, calculated as kg of carbon dioxide equivalent; per kWh battery produced and as energy used (kWh per kWk battery produced);
Amendment 505 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
The carbon footprint declaration requirement in the first subparagraph shall apply as of 1 Julanuary 2024 to electric vehicle batteries and to rechargeable industrial batteries.
Amendment 508 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 3 – introductory part
Article 7 – paragraph 1 – subparagraph 3 – introductory part
The Commission shall, no later than 1 Julanuary 2023, adopt:
Amendment 537 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3
Article 7 – paragraph 2 – subparagraph 3
The carbon footprint performance class requirements in the first subparagraph shall apply as of 1 Januaruly 20265 for electric vehicle batteries and for rechargeable industrial batteries.
Amendment 541 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 4 – introductory part
Article 7 – paragraph 2 – subparagraph 4 – introductory part
The Commission shall, no later than 31 DecemberJuly 2024, adopt
Amendment 567 #
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1
Article 7 – paragraph 3 – subparagraph 1
The requirement for a maximum life cycle carbon footprint threshold in the first subparagraph shall apply as of 1 July 20276 for electric vehicle batteries and for rechargeable industrial batteries.
Amendment 575 #
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2
Article 7 – paragraph 3 – subparagraph 2
The Commission shall, no later than 1 July 20265, adopt a delegated act in accordance with Article 73 to supplement this Regulation by determining the maximum life cycle carbon footprint threshold referred to in the first subparagraph. In preparing that delegated act, the Commission shall take into account the relevant essential elements set out in Annex II.
Amendment 579 #
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 3 a (new)
Article 7 – paragraph 3 – subparagraph 3 a (new)
The Commission shall be empowered to adopt by 31 December 2027, a delegated act in accordance with Article 73 to amend the maximum life cycle carbon footprint threshold referred to in the first subparagraph based on the latest available data reported in accordance with paragraph 1. In preparing that delegated act, the Commission shall take into account the relevant essential elements set out in Annex II.
Amendment 610 #
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. From 1 January 203027, industrial batteries, electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kWh that contain cobalt, lead, lithium or nickel in active materials shall be accompanied by technical documentation demonstrating that those batteries contain the following minimum share of cobalt, lead, lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant:
Amendment 655 #
Proposal for a regulation
Article 9 – title
Article 9 – title
Performance and durability requirements for portable batteries of general useand batteries from light means of transportation
Amendment 659 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. From 1 January 2027, portable batteries of general useand batteries from light means of transportation 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 678 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. By 31 December 203025, the Commission shall assess the feasibility of measures to phase out the use of non- rechargeable portable batteries of general use in view of minimising their environmental impact based on the life cycle assessment methodology. To that end, the Commission shall submit a report to the European Parliament and to the Council and consider taking the appropriate measures, including the adoption of legislative proposals.
Amendment 715 #
Proposal for a regulation
Article 11 – title
Article 11 – title
Removability and, replaceability and reuse of portable batteries
Amendment 738 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1 a (new)
Article 11 – paragraph 1 – subparagraph 1 a (new)
The reuse of portable batteries should be allowed in a new application. All battery systems should be readable for users and modified by professionals.
Amendment 797 #
Proposal for a regulation
Article 13 – paragraph 5 – point f
Article 13 – paragraph 5 – point f
(f) from 1 Julanuary 2024, for electric vehicle batteries and for rechargeable industrial batteries with internal storage and a capacity above 2 kWh the carbon footprint declaration referred to in Article 7(1);
Amendment 804 #
Proposal for a regulation
Article 13 – paragraph 5 – point g
Article 13 – paragraph 5 – point g
(g) from 1 Januaruly 20265, for electric vehicle batteries and for rechargeable industrial batteries with internal storage and a capacity above 2 kWh the carbon footprint performance class referred to in Article 7(2);
Amendment 851 #
Proposal for a regulation
Article 39 – title
Article 39 – title
Obligation for economic operators that place rechargeable industrial batteries and electric-vehicle batteries with internal storage and a capacity above 2 kWhall categories of batteries covered by this regulation on the market to establish supplyconduct value chain due diligence policies.
Amendment 855 #
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 kWhall categories of batteries covered by this regulation on the market shall comply with the supply chain due diligence obligations set out in paragraphs 2 to 5 of this Article and shall keep documentation demonstrating its respective compliance with those obligations, including the results of the third-party verification carried out by notified bodies.
Amendment 862 #
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 raw materials indicated in Annex X, point 1, as well as for other associated environmental and human rights risks along the entire value-chain outlines in Annex X, point 2;
Amendment 868 #
Proposal for a regulation
Article 39 – paragraph 2 – point c
Article 39 – paragraph 2 – point c
(c) structure its respective internal management systems to support supply chain due diligence by assigning responsibility to senior management to oversee the supplyvalue chain due diligence process as well as maintain records of those systems for a minimum of five years;
Amendment 872 #
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 ofying upstream actors in the supply chain.
Amendment 879 #
Proposal for a regulation
Article 39 – paragraph 2 – point d – subparagraph 2
Article 39 – paragraph 2 – point d – subparagraph 2
Amendment 881 #
Proposal for a regulation
Article 39 – paragraph 2 – point e
Article 39 – paragraph 2 – point e
(e) incorporate its supplyvalue chain policy into contracts and agreements with suppliers, including their risk management measures;
Amendment 884 #
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 and 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 890 #
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, but not exclusive to, those listed in Annex X, point 2, in its supply chain on the basis of the information provided pursuant to paragraph 2 and any other relevant information that is either publicly available or provided by stakeholders, including potentially affected communities and relevant civil society organisations, against the standards of their supplyvalue chain policy;
Amendment 893 #
Proposal for a regulation
Article 39 – paragraph 3 – point b – point i
Article 39 – paragraph 3 – point b – point i
(i) reporting findings of the supplyvalue chain risk assessment to senior management designated for that purpose;
Amendment 900 #
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 supplierbusiness relationship after failed attempts at mitigation, based on relevant contractual arrangements in line with the second subparagraph to paragraph 2 above;
Amendment 906 #
Proposal for a regulation
Article 39 – paragraph 4 – introductory part
Article 39 – paragraph 4 – introductory part
4. The economic operator referred to in paragraph 1 shall have their supplyvalue chain due diligence polracticies verified by a notified body (“third-party verification”).
Amendment 911 #
Proposal for a regulation
Article 39 – paragraph 4 – subparagraph 1 – point a
Article 39 – paragraph 4 – subparagraph 1 – point a
(a) include in its scope all activities, processes and systems used by economic operators to implement their supplyvalue chain due diligence requirements in accordance with paragraphs 2, 3 and 5;
Amendment 913 #
Proposal for a regulation
Article 39 – paragraph 4 – subparagraph 1 – point b
Article 39 – paragraph 4 – subparagraph 1 – point b
(b) have as its objective the determination of conformity of the supplyvalue chain due diligence practices of economic operators placing batteries on the market with paragraphs 2, 3 and 5; as well as, where relevant, carry out checks on undertakings and gather information from stakeholders, including potentially affected communities and relevant civil society organisations;
Amendment 916 #
Proposal for a regulation
Article 39 – paragraph 4 – subparagraph 1 – point c
Article 39 – paragraph 4 – subparagraph 1 – point c
(c) make recommendations to the economic operators that place batteries on the market on how to improve their supplyvalue chain due diligence practices;
Amendment 921 #
Proposal for a regulation
Article 39 – paragraph 6 – introductory part
Article 39 – paragraph 6 – introductory part
6. The economic operator referred to in paragraph 1 shall make available to its immediate downstream purchasers all information gained and maintained pursuant to its supplyvalue chain due diligence policies with due regard for business confidentiality and other competitive concerns.
Amendment 925 #
Proposal for a regulation
Article 39 – paragraph 6 – subparagraph 1
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 supplyvalue 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 concerns.
Amendment 937 #
Proposal for a regulation
Article 39 – paragraph 7 a (new)
Article 39 – paragraph 7 a (new)
7a. In order to enable Member States to ensure compliance with this Regulation in accordance with Article 69, Member States shall be responsible for carrying out appropriate checks. The checks referred to in the first subparagraph shall be conducted by taking a risk-based approach, including in cases where a competent authority is in possession of relevant information, such as on the basis of substantiated concerns provided by third parties, concerning the compliance by an economic operator with this Regulation. The checks referred to in the first subparagraph shall include on-the-spot inspections, including at the premises of the economic operator. Economic operators shall offer all the assistance necessary to facilitate the performance of the checks referred to in the first subparagraph, in particular as regards access to premises and the presentation of documentation and records. In order to ensure clarity of tasks and consistency of action among Member State competent authorities, the Commission shall prepare guidelines detailing the steps to be followed by Member State competent authorities carrying out the checks referred to in the first subparagraph. Those guidelines shall include, as appropriate, templates of documents facilitating the implementation of this Regulation Member State shall keep records of checks referred to in the first subparagraph indicating in particular the nature and results of such checks, as well as records of any notice of remedial action issued under Article 69.
Amendment 940 #
Proposal for a regulation
Article 39 – paragraph 7 b (new)
Article 39 – paragraph 7 b (new)
7b. In accordance with the civil liability regimes of Member States, economic operators are liable for adverse impact they or the entities they control or are able to control caused or contributed to. Member States shall ensure that the limitation period for bringing civil liability claims concerning harm arising out of adverse impacts on human rights and the environment is reasonable and that economic operators carry the burden of evidence for not having caused or contributed to a harm.
Amendment 1000 #
Proposal for a regulation
Article 48 – paragraph 4 – point a
Article 48 – paragraph 4 – point a
(a) 455 % by 31 December 2023 ;
Amendment 1010 #
Proposal for a regulation
Article 48 – paragraph 4 – point c
Article 48 – paragraph 4 – point c
(c) 7085 % by 31 December 2030.
Amendment 1067 #
Proposal for a regulation
Article 55 – paragraph 1 – point c
Article 55 – paragraph 1 – point c
(c) 7085 % by 31 December 2030.
Amendment 1085 #
Proposal for a regulation
Article 57 – paragraph 3
Article 57 – paragraph 3
3. The recycling efficiencies and the recovery of materials laid down in Parts B and C of Annex XII shall be calculated in accordance with the rules laid down in an implementing act adopted pursuant to paragraph 4. These rules shall ensure that the definition and calculation of recycling ‘output fraction’ excludes energy recovery and losses during the refining and transformation processes.
Amendment 1196 #
Proposal for a regulation
Article 72 – paragraph 2 a (new)
Article 72 – paragraph 2 a (new)
2a. Only industry led schemes that fulfil the requirements of article 39 and are verified by third party actors shall be accepted.
Amendment 1224 #
Proposal for a regulation
Annex II – point 2 a (new)
Annex II – point 2 a (new)
2a. Energy use and accounting When calculating the carbon intensity of the energy used across the different battery life cycle stages and processes as listed in subparagraph 4, average carbon emissions data of the country where the specific activity or process took place shall be used. Lower emission factors shall only be used where the economic actor can reliably demonstrate that their individual processes or energy supply are less carbon intensive than the country average. This shall be demonstrated via a direct connection to a renewable or lower carbon energy source or a contract demonstrating a temporal and geographical link between the energy supply and the use by the economic operator.
Amendment 1342 #
Proposal for a regulation
Annex X – point 1 – point d a (new)
Annex X – point 1 – point d a (new)
(da) copper
Amendment 1347 #
Proposal for a regulation
Annex X – point 1 – point d b (new)
Annex X – point 1 – point d b (new)
(db) iron
Amendment 1350 #
Proposal for a regulation
Annex X – point 1 – point d c (new)
Annex X – point 1 – point d c (new)
(dc) bauxite
Amendment 1353 #
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 1355 #
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 1357 #
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 1360 #
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 1364 #
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 1368 #
Proposal for a regulation
Annex X – point 2 – point i a (new)
Annex X – point 2 – point i a (new)
(ia) climate change;
Amendment 1369 #
Proposal for a regulation
Annex X – point 2 – point i b (new)
Annex X – point 2 – point i b (new)
(ib) waste treatment (including but not limited to mine tailings).
Amendment 1393 #
Proposal for a regulation
Annex X – point 3 a (new)
Annex X – point 3 a (new)
3a. 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) OECD Guidelines for Multinational Enterprises (c) OECD Due Diligence Guidance for Responsible Business Conduct; and (d) OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas.
Amendment 1412 #
Proposal for a regulation
Annex XII – Part B – point 1 – point b
Annex XII – Part B – point 1 – point b
(b) recycling of 6570 % by average weight of lithium-based batteries;
Amendment 1414 #
Proposal for a regulation
Annex XII – Part B – point 2 – point b
Annex XII – Part B – point 2 – point b
(b) recycling of 790 % by average weight of lithium-based batteries.
Amendment 1417 #
Proposal for a regulation
Annex XII – Part C – point 1 – introductory part
Annex XII – Part C – point 1 – introductory part
1. No later than 1 January 20265, all recycling processes shall achieve the following levels of materials recovery:
Amendment 1421 #
Proposal for a regulation
Annex XII – Part C – point 1 – point a
Annex XII – Part C – point 1 – point a
(a) 905 % for cobalt;
Amendment 1422 #
Proposal for a regulation
Annex XII – Part C – point 1 – point b
Annex XII – Part C – point 1 – point b
(b) 905 % for copper;
Amendment 1427 #
Proposal for a regulation
Annex XII – Part C – point 1 – point e
Annex XII – Part C – point 1 – point e
(e) 905 % for nickel.
Amendment 1430 #
Proposal for a regulation
Annex XII – Part C – point 2 – point a
Annex XII – Part C – point 2 – point a
(a) 958 % for cobalt;
Amendment 1431 #
Proposal for a regulation
Annex XII – Part C – point 2 – point b
Annex XII – Part C – point 2 – point b
(b) 958 % for copper;
Amendment 1434 #
Proposal for a regulation
Annex XII – Part C – point 2 – point e
Annex XII – Part C – point 2 – point e
(e) 958 % for nickel.