Activities of Kateřina KONEČNÁ related to 2020/0353(COD)
Shadow opinions (2)
OPINION on the proposal for a regulation of the European Parliament and of the Council concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020
OPINION on the proposal for a Regulation of the European Parliament and of the Council concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020
Amendments (43)
Amendment 103 #
Proposal for a regulation
Recital 63
Recital 63
(63) Therefore, in view of the expected exp corporate responsibility to respect human rights and the environmential growth in battery demand in the EU, the economic operator that places a battery on the EU market should set up a supply chain due diligence policy. The requirements therefore applies to all operations and business relationships of an economic operator and throughout the value chain. As the extraction, processing and trading of certain raw materials which are used in battery manufacturing carry particular risks and in view of the expected exponential growth in battery demand in the EU, certain requirements for the due diligence process should be laid down, with the objective to address the social, human rights and environmental risks inherent in the extraction, processing and trading of certain raw materials for battery manufacturing purposes.
Amendment 109 #
Proposal for a regulation
Recital 66
Recital 66
(66) Mandatory supplyvalue chain due diligence policies should be adopted or modified and address, at least, the most prevalent human rights, social and environmental risk categories. This should cover the current and foreseeable impacts, on one hand, on social life, in particular human rights, human health and safety as well as occupational health and safety and labour rights, and, on the other hand, on the environment, in particular on water use, soil protection, air pollution and biodiversity, including community life.
Amendment 114 #
Proposal for a regulation
Recital 69
Recital 69
(69) The supplyvalue chain due diligence obligations on the identification and mitigation of social and environmental risks associated with raw materials going into battery manufacturing should contribute to the implementation of UNEP Resolution 19 on Mineral Resource Governance, which recognizes the important contribution of the mining sector towards the achievement of the 2030 Agenda and the Sustainable Development Goals.
Amendment 116 #
Proposal for a regulation
Recital 70
Recital 70
(70) Other EU legislative instruments that lay down requirements regarding supplyvalue chain due diligence should apply in so far as there are no specific provisions with the same objective, nature and effect in this Regulation which may be adapted in the light of future legislative amendments.
Amendment 117 #
Proposal for a regulation
Recital 71
Recital 71
(71) In order to adapt to developments in the battery value chain, including to changes in the scope and nature of the relevant environmental and social risks, as well as to technical and scientific progress in batteries and battery chemistries, 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 list of raw materials and risk categories and the supplyvalue chain due diligence requirements.
Amendment 189 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. From 1 January 2027, industrial batteries, electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kWhstationary energy storage systems that contain cobalt, lead, lithium or nickel in active materials shall be accompanied by technical documentation containing information about the amount of cobalt, lead, lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant.
Amendment 195 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 215 #
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. From 1 January 2035, industrial batteries,29, manufacturers of electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kWhstationary battery energy storage systems placed on the EU market 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:maximise the amount of cobalt, lead, lithium or nickel recovered from waste present in the battery.
Amendment 218 #
Proposal for a regulation
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
Amendment 222 #
Proposal for a regulation
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
Amendment 223 #
Proposal for a regulation
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
Amendment 227 #
Proposal for a regulation
Article 8 – paragraph 3 – point d
Article 8 – paragraph 3 – point d
Amendment 246 #
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
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 kWhstationary battery energy storage systems and electric vehicle batteries shall be accompanied by a technical documentation containing values for the electrochemical performance and durability parameters laid down in Part A of Annex IV.
Amendment 256 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. From 1 January 2026, rechargeable industrial batteries with internal storage and a capacity above 2 kWhstationary battery energy storage systems and electric vehicle batteries shall meet the minimum values laid down in the delegated act adopted by the Commission pursuant to paragraph 3 for the electrochemical performance and durability parameters set out in Part A of Annex IV.
Amendment 262 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Rechargeable industrial batteries and electric vehicle batteries with internal storage and a capacity above 2 kWhStationary battery energy storage systems and electric vehicle batteries equipped with a Battery Management System shall include a battery management system containing data on the parameters for determining the state of health and expected lifetime of batteries as laid down in Annex VII.
Amendment 281 #
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 in this regulation on the market to establish supplyconduct value chain due diligence policies
Amendment 284 #
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 kWh on the market shall comply with the supply chain due diligence obligationsall categories of batteries covered in this regulation on the market shall carry out value chain due diligence and shall comply with the 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 285 #
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;
Amendment 289 #
Proposal for a regulation
Article 39 – paragraph 2 – point b
Article 39 – paragraph 2 – point b
(b) incorporate in its supply chain policy standards consistent with the standards set out in the model supply chain policy in Annex II to the OECD Due Diligence Guidanceinternationally recognised due diligence standards listed in Annex X, point 4;
Amendment 290 #
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 supplyvalue 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 291 #
(d) establish and operate a system of controls and transparency over the supply chain, including a chain of custody or traceability system or the, identificationying of upstream actors in the supply chain.
Amendment 294 #
Proposal for a regulation
Article 39 – paragraph 2 – point d – paragraph 2
Article 39 – paragraph 2 – point d – paragraph 2
Amendment 295 #
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 297 #
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 298 #
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 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 299 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Rechargeable industrial batteries and electric vehicle batteries with internal storage and a capacity above 2 kWh shall include a bStationary battery energy storage systems and electric vehicle batteries equipped with a Battery mManagement sSystem containing data on the parameters for determining the state of health and expected lifetime of batteries as laid down in Annex VII.
Amendment 300 #
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 302 #
Proposal for a regulation
Article 39 – paragraph 3 – point b – point ii
Article 39 – paragraph 3 – point b – point ii
(ii) adopting risk management measures consistent with Annex II to the OECD Dthe internationally recognised due Ddiligence Guidancestandards listed in Annex X point 4, considering their ability to influence, and where necessary take steps to exert pressure on supplierbusiness relationships who can most effectively prevent or mitigate the identified risk;
Amendment 303 #
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 307 #
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 308 #
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 309 #
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 311 #
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 312 #
Proposal for a regulation
Article 39 – paragraph 5
Article 39 – paragraph 5
5. The economic operator referred to in paragraph 1 shall make available upon request to Member States’ market surveillance authorities the reports of any third-party verification carried out in accordance with paragraph 4 or evidence of compliance with a supply chain due diligence scheme recognised by the Commission in accordance with Article 72.
Amendment 314 #
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 315 #
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 316 #
Proposal for a regulation
Article 39 – paragraph 7
Article 39 – paragraph 7
7. The Commission shall develop guidance as regards the application of the due diligence requirements defined in paragraphs 2 and 3 of this Article, with regard to the social and environmental risks referred to in Annex X, point 2, and particularly in line with the international instruments referred to in Annex X, point 3 and 4.
Amendment 317 #
Proposal for a regulation
Article 39 – paragraph 7 a (new)
Article 39 – paragraph 7 a (new)
7 a. (a) In order to enable Member States to ensure compliance with the Regulation according to Article 69, Member States shall be responsible for carrying out appropriate checks; (b) The checks referred to in paragraph a shall be conducted by taking a risk-based approach, as well as in cases when a competent authority is in possession of relevant information, including on the basis of substantiated concerns provided by third parties, concerning the compliance by an economic operator with this Regulation; (c) The checks referred to in paragraph a should include on-the-spot inspections, including at the premises of the economic operator; (d) Economic operators shall offer all the assistance necessary to facilitate the performance of the checks referred to in paragraph a, in particular as regards access to premises and the presentation of documentation and records; (e) In order to ensure clarity of tasks and consistency of action among Member State competent authorities, the Commission shall prepare non-binding guidelines in the form of a handbook detailing the steps to be followed by Member State competent authorities carrying out the checks referred to in paragraph a.Those guidelines shall include, as appropriate, templates of documents facilitating the implementation of this Regulation; (f) Member States shall keep records of checks referred to in paragraph a 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 327 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Batteries which are tested following common specifications or parts thereof shall be presumed to be in conformity with the requirements set out in Articles 9, 10, 13 and 59(5)(a) to the extent that those requirements are covered by those common specifications or parts thereof, and, if applicable, to the extent that the minimum values established for those requirements are attained.
Amendment 383 #
Proposal for a regulation
Article 72 – paragraph 1
Article 72 – paragraph 1
1. Governments, industry associations and groupings of interested organisations that have developed and, comply with or oversee due diligence schemes (“scheme owners”) may apply to the Commission to have their supply chain due diligence schemes recognised by the Commission. The Commission is empowered to adopt implementing acts by [12 months after the entry into force of the Regulation] establishing the information requirements that the application to the Commission shall contain. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(3).
Amendment 384 #
Proposal for a regulation
Article 72 – paragraph 2 – introductory part
Article 72 – paragraph 2 – introductory part
2. Where, on the basis of the evidence and information provided pursuant to the first sub-paragraph 1, the Commission determines that the supply chain due diligence scheme referred to in paragraph 1, enables that economic operators to comply with the requirements set out in Article 39 of this Regulation, it shall adopt an implementing act granting that scheme a recognition of equivalence with the requirements set out in this Regulation. The OECD Secretariat shall, as appropriate, be consulted prior to the adoption of such implementing acts. Those implementing acts shall be adopted within 12 months from the date of submission of the application in accordance with the examination procedure referred to in Article 74(3).
Amendment 385 #
Proposal for a regulation
Article 72 – paragraph 3
Article 72 – paragraph 3
3. The Commission is empowered to adopt, by [12 months after the entry into force of the Regulation], implementing acts setting out the criteria and the methodology according to which the Commission shall determine, in accordance with paragraph 2, whether supply chain due diligence schemes ensure that economic operators fulfil the requirements set out in Article 39 of this Regulation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(3).The Commission shall also, as appropriate, periodically verify that recognised supply chain due diligence schemes continue to fulfil the criteria that led to a recognition of equivalence decision adopted pursuant to paragraph 2.
Amendment 402 #
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, portable batteries, automotive batteries and electric-vehicle batteries with internal storage and a capacity above 2 kWh on the market shall comply with the supply chain due diligence obligations set out in paragraphs 2 to 5 of this Article and shall keep documentation demonstrating its respective compliance with those obligations, including the results of the third-party verification carried out by notified bodies.