121 Amendments of Anna CAVAZZINI related to 2020/0353(COD)
Amendment 111 #
Proposal for a regulation
Recital 2
Recital 2
(2) Batteries are thus an important source 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, and incentives to produce low carbon batteries to all operators involved and to avoid discrimination, barriers to trade and distortions on the market for batteries, it is necessary to set out rules on sustainability parameters, performance, safety, collection, recycling and second life of batteries as well as on information to consumers and economic operators 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.
Amendment 123 #
Proposal for a regulation
Recital 23
Recital 23
(23) Batteries placed on the Union market should be durable and highly performant. It is therefore necessary to set out performance and durability parameters for portable batteries of general use, as well as for rechargeable industrial batteries and electric vehicle batteries. For electric vehicle batteries, the informal UNECE Working Group on Electric Vehicles and the Environment is developing in-vehicle durability requirements, so this Regulation is refraining from setting additional durability requirements. On the other hand, in the area of batteries for energy storage, existing measurement methods to test battery performance and durability are not considered sufficiently precise and representative to enable introducing minimum requirements. The introduction of minimum requirements related to performance and durability of these batteries should be accompanied by available adequate harmonised standards or common specifications.
Amendment 128 #
Proposal for a regulation
Recital 26
Recital 26
(26) In order to ensure that portable batteries incorporated into appliances and light means of transport are subject to proper separate collection, treatment and high quality recycling once they have become waste, provisions to ensure their removability and replaceability in such appliancesequipment are necessary. Used batteries should also be replaceable so as to prolong the expected lifetime of the appliances they are part ofequipment they are part of. For portable batteries, including battery powering light means of transport, end users should be able to replace the battery themselves. Bigger batteries should only be replaceable by professionals, for safety reasons. The right to repair an equipment by replacing the battery must be effective: end users must be able to purchase a spare battery, and the compatible spare battery must be recognised by the equipment. Software, permanent glue or other technical means to impede the right to repair shall not be used. The general provisions of this Regulation may be complemented with requirements set up for particular products powered by batteries under implementing measures under Directive 2009/125/EC of the European Parliament and of the Council33 . Where other Union legislation lays down more specific requirements, for safety reasons, regarding the removal of batteries from products (e.g. toys), those specific rules should apply. _________________ 33Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (OJ L 285, 31.10.2009, p. 10).
Amendment 131 #
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26 a) The right to repair is essential to prolong the life of batteries. Batteries can be repaired by professional repairers. Repaired batteries need standardised non- destructive performance and safety testing, separate from the tests required for new batteries. Professional repairers must be able to open battery packs, exchange defective modules, connectors or fuses. To ensure the safety of repaired batteries, professional repairers need access to data from the battery management system. Professional repairers should be defined as distributors, with the associated obligations.
Amendment 132 #
Proposal for a regulation
Recital 26 b (new)
Recital 26 b (new)
(26 b) In order to further reduce waste, the interroperability of batteries, of connectors and of chargers across product types should be promoted in product specific ecodesign implementing legislation, and in the upcoming sustainable product policy.
Amendment 134 #
Proposal for a regulation
Recital 28
Recital 28
(28) In order to provide end users with transparent, reliable and clear information about batteries and their main characteristics, and waste batteries, to enable the end users to make informed decisions when buying and discarding batteries and to enable waste operators to appropriately treat waste batteries, batteries should be labelled. Batteries should be labelled with all the necessary information concerning their main characteristics, including their capacity and content of certain hazardous substances. To ensure the availability of information over time, that information should also be made available by means of QR codes. The QR code printed or engraved on all batteries should give access the battery's unique product passport.
Amendment 139 #
Proposal for a regulation
Recital 29
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, including batteries powering light means of transport, automotive batteries and rechargeable industrial batteries should be marked with a label containing the information on their minimum average duration when used in specific applications. Additionally, it is important to guide the end-user to discard waste batteries in an appropriate way.
Amendment 142 #
Proposal for a regulation
Recital 30
Recital 30
(30) RBatteries powering light means of transport, rechargeable industrial batteries and electric-vehicle batteries with internal storage with a capacity above 2 kWh should contain a battery management system that. It shall stores data so that the state of health and expected lifetime of batteries may be determined at any time by the end- user or any other third party acting on his behalf. In order to repurpose or remanufacture a battery, access to the battery management system should be provided to the person that has purchased the battery or any third party acting on its behalf at any time for evaluating the residual value of the battery, facilitating the reuse, repurposing or remanufacturing of the battery and for making the battery available to independent aggregators, as defined in Directive (EU) 201/944 of the European Parliament and of the Council34 , which operate virtual power plants in electricity grids. This requirement should apply in addition to Union law on type of approval of vehicles, including technical specifications that may originate from the work of the informal UNECE Working Group on Electric Vehicles and the Environment on data access in electric vehicles. _________________ 34Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU (OJ L 158, 14.6.2019, p. 125)
Amendment 147 #
Proposal for a regulation
Recital 31
Recital 31
(31) A number of product-specific requirements under this Regulation, including on performance, durability, repurposing and safety, should be measured by using reliable, accurate and reproducible methods that take into account the generally recognised state-of- the-art measurements and calculation methodologies. In order to ensure that there are no barriers to trade on the internal market, standards should be harmonised at Union level. Such methods and standards should, to the extent possible, take into account the real-life usage of batteries, reflect the average range of consumer behaviour and be robust in order to deter intentional and unintentional circumvention. Repaired and repurposed batteries require a separate set of standardised non-destructive safety tests. Once a reference to such a standard has been adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council35 and published in the Official Journal of the European Union, presumption of conformity shall be established with those product-specific requirements adopted on the basis of this Regulation, provided that the outcome of such methods demonstrate that the minimum values established for those substantive requirements are attained. In the absence of published standards at the time of the application of product-specific requirements, the Commission should adopt common specifications through implementingdelegated acts and the compliance with such specifications should also give rise to the presumption of conformity. In cases where the common specifications are, at a later stage, found to have shortcomings, the Commission should by implementingdelegated act amend or repeal the common specifications in question. _________________ 35 Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12)
Amendment 152 #
Proposal for a regulation
Recital 35
Recital 35
(35) The chosen modules do not however reflect certain specific aspects of batteries and thus, it is necessary to adapt the modules chosen for the conformity assessment procedure. In order to take account of the novelty and complexity of the sustainability, safety and labelling requirements set out in this Regulation and for the purpose of ensuring the conformity of batteries placed on the market with the legal requirements, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the conformity assessment procedures by adding verifications steps or changing assessment module, on the basis of developments on the battery market or in the battery value chain. Robust conformity assessment procedures are needed to ensure conformity with environmental obligations, and supply chain due diligence obligations contained in this regulation.
Amendment 157 #
Proposal for a regulation
Recital 43
Recital 43
(43) In the interests of facilitating and accelerating the conformity assessment procedure, the certification and ultimately the market access and in view of the novelty and complexity of the sustainability, safety and labelling requirements for batteries, it is crucial that notified bodies have continuous access to all testing equipment and testing facilities needed and that they apply the procedures without creating unnecessary burdens for economic operators. To ensure the proper application of this regulation, the Commission should designate a Union Testing Facility in accordance with Regulation (EU) 2019/1020. For the same reason, and to ensure equal treatment of economic operators, it is necessary that the notified bodies apply the conformity assessment procedures consistently.
Amendment 160 #
Proposal for a regulation
Recital 45
Recital 45
(45) The Commission should enable appropriate coordination and cooperation between notified bodies, and market surveillance authorities.
Amendment 161 #
Proposal for a regulation
Recital 45 a (new)
Recital 45 a (new)
(45 a) Consumers and consumers organisations should have a direct way to report non-compliance with this regulation to market surveillance authorities.
Amendment 162 #
Proposal for a regulation
Recital 48 a (new)
Recital 48 a (new)
Amendment 164 #
Proposal for a regulation
Recital 52
Recital 52
(52) It is necessary to ensure that batteries from third countries entering the Union market comply with the requirements of this Regulation, whether imported as self-standing batteries or contained in products, and in particular that appropriate conformity assessment procedures have been carried out by manufacturers with regard to those batteries. Provision should therefore be made for importers to make sure that the batteries they place on the market and put into service comply with the requirements of this Regulation and that the CE marking on batteries and documentation drawn up by manufacturers are available for inspection by the national authorities. Special attention should be given to the robustness and independence of the third party auditing of requirements of this regulation relating to the production process of batteries. This includes the respect of the carbon footprint declaration, recycled content, as well as to human rights and environmental due diligence obligations.
Amendment 166 #
Proposal for a regulation
Recital 53
Recital 53
(53) When placing a battery on the market or putting it into service, every importer should indicate on the battery the importer’s name, registered trade name or registered trade mark as well as the postal address and other contact details. Exceptions should be provided for in cases where the size of the battery does not allow it. This includes cases where the importer would have to open the packaging to put the name and address on the battery or where the battery is too small in size to affix this information..
Amendment 168 #
Proposal for a regulation
Recital 55
Recital 55
(55) Any importer or distributor that either places a battery on the market or puts it into service under the importer’s or distributor’s own name or trademark or modifies a battery in such a way that compliance with the requirements of this Regulation may be affected or modifies the purpose of a battery that is already place on the market should be considered to be the manufacturer and should assume the obligations of the manufacturer. For batteries mandated to have a battery passport, information about the economic operator assuming the obligations of the manufacturer should be updated accordingly.
Amendment 171 #
Proposal for a regulation
Recital 57
Recital 57
(57) Ensuring traceability of a battery throughout the whole supply chain helps to make market surveillance simpler and more efficient, and gives transparency to consumers. An efficient traceability system facilitates the market surveillance authorities' task of tracing economic operators who placed on the market or made available on the market or put into service non-compliant batteries. The economic operators should therefore be required to keep the information on their transactions of batteries for a certain period of time, and to make them available in the battery passport when appropriate.
Amendment 173 #
Proposal for a regulation
Recital 59
Recital 59
(59) Only few countries supply those materials and, in some cases, low standards of governance may exacerbate environmental and social problems. Both cobalt and nickel, copper, nickel, iron and bauxite mining and refining are related to a large range of social and environmental issues, including environmental hazard potential and human health. While the social and environmental impacts for natural graphite are less severe, its mining has high shares of artisanal and small scale operations, which mostly takes place in informal settings and can lead to serious health and environmental impacts, including no regular mine closure and no rehabilitation, which results in the destruction of ecosystems and soils. For lithium, the expected increase in its use in battery manufacturing is likely to put additional pressure on extraction and refining operations, what would recommend including lithium in the scope of the supply chain due diligence obligations. The expected massive increase in demand for batteries in the Union should not contribute to an increase of such environmental and social risks.
Amendment 175 #
Proposal for a regulation
Recital 62
Recital 62
(62) The United Nations Guiding Principles on Business and Human Rights and the OECD guidelines for multinational enterprises stipulate that economic operators should carry out due diligence as a means to meet their corporate responsibility with respect to human rights and the environment. In the Union, general requirements on due diligence in relation to certain minerals and metals were introduced by Regulation (EU) No 2017/821 of the European Parliament and of the Council39 . That Regulation does not, however, address the minerals and materials used for battery production. _________________ 39Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017 laying down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas (OJ L 130, 19.5.2017, p. 1)
Amendment 176 #
Proposal for a regulation
Recital 63
Recital 63
(63) Therefore, corporate responsibility to respect human rights, social rights, human health and the environment should apply to all operations and business relationships of an economic operator throughout the value chain. As the extraction, processing and trading of certain raw materials that are used in the battery manufacturing carry particular risks, and in view of the expected exponential growth in battery demand in the EU, therequirements with regard to due diligence by economic operators that places a batteryies on the EU market should be set up a supply chain due diligence policy. The requirements therefore should be laid down, with the objective to address the social and environmental risks inherent in the extraction, processing and trading of certain raw materials for battery manufacturing purposes, the manufacturing itself as well as allrelevant downstream operations.
Amendment 177 #
Proposal for a regulation
Recital 64
Recital 64
(64) When putting in place aconducting risk-based due diligence policy, it should be based on internationally recognised due diligence principles in instruments such as the United Nations Guiding Principles on Business and Human Rights1a, the Ten Principles of the United Nations Global Compact40 , the Guidelines for Social Life Cycle Assessment of Products41 , the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy42 , the OECD Guidelines for Multinational Enterprises1b, and the OECD Due Diligence Guidance for Responsible Business Conduct (RBC)43 , which reflect a common understanding amongst governments and stakeholders, and should be tailored to the specific context and circumstances of each economic operator. In relation to the extraction, processing and trading of natural mineral resources used for battery production, the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict- Affected and High-Risk Areas44 (‘OECD Due Diligence Guidance’) represents a long-standing effort by governments and stakeholders to establish goon internationally acknowledged standard addressing specific risks of gross human rights' violations related to the sourcing and ptractice in this area. _________________ding of certain raw materials in the context of conflict. _________________ 1a United Nations Guiding Principles on Business and Human, available at https://www.ohchr.org/documents/publica tions/guidingprinciplesbusinesshr_en.pdf 1bOECD Guidelines for Multinational Enterprises, available at http://mneguidelines.oecd.org/guidelines/ 40The Ten Principles of the UN Global Compact, available at https://www.unglobalcompact.org/what-is- gc/mission/principles 41UNEP Guidelines for social life cycle assessment of products, available at https://www.lifecycleinitiative.org/wp- content/uploads/2012/12/2009%20- %20Guidelines%20for%20sLCA%20- %20EN.pdf 42Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, available at https://www.ilo.org/wcmsp5/groups/public /---ed_emp/---emp_ent/--- multi/documents/publication/wcms_09438 6.pdf 43OECD (2018), OECD Due Diligence Guidance for Responsible Business Conduct, available at http://mneguidelines.oecd.org/OECD-Due- Diligence-Guidance-for-Responsible- Business-Conduct.pdf 44OECD (2016), OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas: Third Edition, OECD Publishing, Paris, https://doi.org/10.1787/9789264252479-en.
Amendment 178 #
Proposal for a regulation
Recital 65
Recital 65
(65) According to the OECD Due Diligence Guidance45 se standards, due diligence is an on-going, proactive and reactive process through which companies can ensure that they respect human rights and the environment and do not contribute to conflict.46 . Risk-based due diligence refers to the steps companies should take to identify and address actual or potential risks in order tocease, prevent or, mitigate and account for adverse impacts associated with their activities or sourcing decisions. Economic operators should conduct informed, effective and meaningful consultation with actually and potentially affected rights-holders. A company can assess risk posed by its activities and relationships and adopt risks mitigating measures in line with relevant standards provided under national and international law, recommendations on responsible business conduct by international organisations, government- backed tools, private sector voluntary initiatives and a company's internal policies and systems. This approach also helps to scale the due diligence exercise to the size of the company's activities or supply chain relationships. _________________ 45 Page 15 of the OECD Due Diligence Guidance. 46OECD (2011), OECD Guidelines for Multinational Enterprises, OECD, Paris; OECD (2006), OECD Risk Awareness Tool for Multinational Enterprises in Weak Governance Zones, OECD, Paris; and, Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework (Report of the Special Represantative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and other Business Enterprises, John Ruggie, A/HRC/17/31, 21 March 2011).
Amendment 179 #
Proposal for a regulation
Recital 65 a (new)
Recital 65 a (new)
(65 a) While private sector due diligence schemes can support economic operators in their due diligence, economic operators retain individual responsibility to comply with the due diligence obligations set out in this Regulation.
Amendment 180 #
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 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, climate change and biodiversity, including community life.
Amendment 181 #
Proposal for a regulation
Recital 67
Recital 67
(67) As regards the social risk categories, due diligence policies should address the risks in the battery supply chain in relation to the protection of human rights, including human health, the rights of indigenous people, protection of children and gender equality, in line with international human rights law47 . The due diligence policies should include information on how the economic operator has contributed to the prevention of human rights abuses and on the instruments in place with the operator’s business structure to fight corruption and bribery. The due diligence policies should also ensure correct implementation of the rules of fundamental conventions of the International Labour Organisation48 as listed in Annex I of the ILO Tripartite Declaration. _________________ 47Including The Universal Declaration of Human Rights, The International Covenant on Economic, Social and Cultural Rights, The International Covenant on Civil and Political Rights, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child and the Convention on the Rights of Persons with Disabilities. 48 The eight fundamental Conventions are 1. Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), 2. Right to Organise and Collective Bargaining Convention, 1949 (No. 98), 3. Forced Labour Convention, 1930 (No. 29) (and its 2014 Protocol ), 4. Abolition of Forced Labour Convention, 1957 (No. 105), 5. Minimum Age Convention, 1973 (No. 138), 6. Worst Forms of Child Labour Convention, 1999 (No. 182), 7. Equal Remuneration Convention, 1951 (No. 100), 8. Discrimination (Employment and Occupation) Convention, 1958 (No. 111)
Amendment 182 #
Proposal for a regulation
Recital 68
Recital 68
(68) As regards the environmental risk categories, the due diligence policies should address the risks in the battery supply chain in relation to protection of the natural environment, the climate in line with the UN Paris Agreement, and of the biological diversity in line with the Convention on Biological Diversity49 , which includes also the consideration of local communities, and the protection and the development of those communities. _________________ 49 Such as set out in the Convention on biological diversity, available at https://www.cbd.int/convention/text/ and, in particular, Decision COP VIII/28 “Voluntary guidelines on Biodiversity- Inclusive impact assessment, available at https://www.cbd.int/decision/cop/?id=1104 2.
Amendment 183 #
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 184 #
Proposal for a regulation
Recital 69 a (new)
Recital 69 a (new)
(69 a) Even when due diligence has been carried out, harm might occur. Economic operators should actively engage in remediation for such harm, by itself or in cooperation with other actors. They should be liable for adverse impact they or the entities they control or are able to control caused or contributed to. Those adversely impacted should be entitled to remediation and should be provided access to justice.
Amendment 185 #
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 186 #
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 190 #
Proposal for a regulation
Recital 89
Recital 89
(89) Producers and distributors should be actively involved in providing information to end users that batteries should be collected separately, that collection schemes are available and that end users have an important role in ensuring an environmentally optimal management of waste batteries. The disclosure of information to all end users as well as reporting on batteries should make use of modern information technologies. The information should be provided either by classical means, such as outdoors, posters and social media campaigns, orand by more innovative means, such as electronic access to websites provided by QR codes affixed to the battery.
Amendment 195 #
Proposal for a regulation
Recital 99
Recital 99
(99) Public procurement constitutes an important sector with regard to reducing the impacts on the environment of human activities and to stimulate market transformation towards more sustainable products. Contracting authorities, as defined in Directive 2014/24/EU63 of the European Parliament and of the Council and Directive 2014/25/EU of the European Parliament and of the Council64 , and contracting entities as defined in Directive 2014/25/EU shouldmust take account of the environmental impacts when procuring batteries or products containing batteries, in order to promote and stimulate the market for clean and energy-efficient mobility and energy-storage and thus contribute to the environment, climate and energy policy objectives of the Union. _________________ 63Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65) 64 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243)
Amendment 199 #
Proposal for a regulation
Recital 106
Recital 106
(106) Member States should lay down rules on penalties applicable to infringements of this Regulation and ensure that those rules are enforced. The penalties provided for should be effective, proportionate and dissuasive. The Commission shall review the penalties established by the Member States and propose possible changes to them, when necessary, in view of ensuring an harmonised enforcement across the Union.
Amendment 207 #
Proposal for a regulation
Article 2 – paragraph 1 – point 20 a (new)
Article 2 – paragraph 1 – point 20 a (new)
(20 a) ‘battery removability and replaceability’ means non-destructive disassembly, or reversible extraction of the battery pack or modules from the device or constituent components without functional damage that would preclude reassembly or reuse.
Amendment 208 #
Proposal for a regulation
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
(21) ‘QR code’ means a matrix barcode that links to information about a battery model;
Amendment 214 #
Proposal for a regulation
Article 2 – paragraph 1 – point 36
Article 2 – paragraph 1 – point 36
(36) ‘supply chain due diligence’ means the obligations of the economic operator which places a rechargeable industrial battery or an electric-vehicle battery on the market, in relation to its management system, risk management, third party verifications by notified bodies and disclosure of information with a view to identifying, preventing and addressing actual and potential risks linked to the sourcing, processing and trading of the raw materials required for battery manufacturing; , chemical and secondary raw materials required for battery manufacturing, linked to its manufacturing operations and linked to all business relationships;
Amendment 220 #
Proposal for a regulation
Article 2 – paragraph 1 – point 40
Article 2 – paragraph 1 – point 40
(40) ‘reuse of a battery’ means the complete or partial direct re-use of the battery for the original purpose the battery was designed for;
Amendment 231 #
Proposal for a regulation
Article 9 – title
Article 9 – title
Performance and durability requirements for portable batteries of general use, including batteries powering light means of transport
Amendment 235 #
1. From 1 January 20275, portable batteries of general use shall, including batteries powering light means of transport, 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 239 #
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. By 31 December 2025, the Commission shall adopt a delegated act in accordance with Article 73 to supplement this Regulation by establishing minimum values for the electrochemical performance and durability parameters laid down in Annex III that portable batteries of general use shall attain.
Amendment 240 #
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
In preparing the delegated act referred to in the first subparagraph, the Commission shall consider the need to reduce the life cycle environmental impact of portable batteries of general use and take into consideration relevant international standards and labelling schemes. The Commission shall also ensure thattake into account the impact of the provisions laid down by that delegated act do not have a significant negative impact on the functionality of those batteries or the appliances into which those batteries are incorporated, the affordability and the cost for end-users and the industry’s competitiveness. No excessive administrative burden shall be imposed on manufacturers of the batteries and the appliances concerned.
Amendment 252 #
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1 a. By 1 January 2026, the real-life performance and durability of rechargeable industrial batteries and electric vehicle batteries shall be available via the publicly available part of the electronic exchange system as set out in Article 64 and Annex XIII.
Amendment 258 #
Proposal for a regulation
Article 11 – title
Article 11 – title
Removability, replaceability and replaceairability of portable batteries, including batteries powering light means of transport
Amendment 263 #
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. Portable batteries incorporated in appliances and light means of transport, 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.
Amendment 265 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
A battery is readily replaceable where, after its removal from an appliance or light mean of transport, it can be substituted by a similcompatible spare battery by professional repairers and end users, without affecting the functioning or the performance of that appliance or light mean of transport. The replacement shall be possible using basic tools, as defined in standard EN45554:2020.
Amendment 269 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1 a (new)
Article 11 – paragraph 1 – subparagraph 1 a (new)
Portable batteries, including batteries powering light means of transport, shall be available as spare part of the equipment they power, for a minimum of 10 years after placing the last unit of the model on the market, with a reasonable and non-discriminatory price for independant personnel and end users. The manufacturer shall ensure the delivery of the spare battery within 15 working days after having received the order.
Amendment 271 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1 b (new)
Article 11 – paragraph 1 – subparagraph 1 b (new)
Detailed instructions for end users to safely remove and replace portable batteries, including battery powering light means of transport, must be made available by the manufacturer, on paper with the new equipment, and permanently online on their website.
Amendment 272 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1 c (new)
Article 11 – paragraph 1 – subparagraph 1 c (new)
Software shall not be used to impinge the replacement of a portable battery or of their key components with another compatible battery or key components.
Amendment 273 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1 d (new)
Article 11 – paragraph 1 – subparagraph 1 d (new)
Batteries powering light means of transport shall be designed so that the replacement of modules or other key components of the battery can be done without destroying the battery.
Amendment 275 #
Proposal for a regulation
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
(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
Amendment 276 #
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
Amendment 279 #
Proposal for a regulation
Article 11 – paragraph 2 – point b a (new)
Article 11 – paragraph 2 – point b a (new)
(b a) For products falling under the exemptions in paragraph 2, clear product information should illustrate to consumers that the device contains a non- replaceable battery.
Amendment 282 #
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11 a Removability and replaceability of EV and industrial batteries and of key components enabling their use 1. EV batteries shall be removable and replaceable by professional repairers. 2. EV and industrial batteries shall be modular in design so that the control electronics or battery modules can be replaced by accredited professional repairers. 3. EV and industrial batteries shall be designed so that the replacement of modules or other key components like connectors or fuse can be done without destroying the battery. 3. Detailed instructions for professional repairers to safely remove and replace EV batteries or battery modules must be made available by the manufacturer, on paper with the new vehicle, and permanently online on the EV producer’s website. 4. Detailed instructions for professional repairers to safely remove and replace key components of industrial batteries or modules composing an industrial battery must be made available by the manufacturer, on paper with the new industrial battery, and permanently online on the producers' website. 5. Software must not be used to impinge the replacement of a EV or industrial battery or their key components with another compatible battery or key components.
Amendment 285 #
Proposal for a regulation
Article 11 b (new)
Article 11 b (new)
Amendment 292 #
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
6. Labels and QR code referred to in paragraphs 1 to 5 shall be printed or engraved visibly, legibly and indelibly on the battery. 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. For portable batteries, including batteries powering light means of transport, industrial batteries and EV batteries, the QR code shall provide access to the battery passport as described in Article 65.
Amendment 296 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Rechargeable industrial batteries and, electric vehicle batteries with internal storage and a capacity above 2 kWh, as well as portable batteries powering light means of transport shall include a battery management system containing data on the parameters for determining the state of health and expected lifetime of batteries as laid down in Annex VII.
Amendment 307 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Batteries which are tested following harmonised standards or parts thereof, or common specifications as referred to in Article 16, 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 common specifications referred to in Article 16.
Amendment 312 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Batteries which are in conformity with harmonised standards or parts thereof, or common specifications referred to in Article 16, 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 common specification.
Amendment 320 #
Proposal for a regulation
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
(b) In the Commission observes undue delays in the adoption of requested harmonised standards, orabsence of published standards at the time of the application of product-specific requirements, or if the Commission considers that relevant harmonised standards are not sufficient; or
Amendment 325 #
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1 a (new)
Article 16 – paragraph 1 – subparagraph 1 a (new)
In cases where the common specifications are found to have shortcomings, the Commission should by delegated act amend or repeal the common specifications in question.
Amendment 334 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Conformity assessment of batteries with the requirements set out in Articles 6, 9, 10, 11, 121, 13 and 14 shall be carried out in accordance with the procedure set out in Part A of Annex VIII.
Amendment 336 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Conformity assessment of batteries with requirements set out in Articles 7, 8, 10, 12 and 39 shall be carried out in accordance with the procedure set out in Part B of Annex VIII.
Amendment 372 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
Where a conformity assessment body demonstrates its conformity with the criteria laid down in the relevant harmonised standards or parts thereof, or in the common specifications referred to in Article 16, the references of which have been published in the Official Journal of the European Union it shall be presumed to comply with the requirements set out in Article 25 in so far as the applicable harmonised standards or common specifications cover those requirements.
Amendment 392 #
Proposal for a regulation
Article 38 – paragraph 8
Article 38 – paragraph 8
8. Manufacturers shall indicate their name, registered trade name or registered trade mark, contact email and phone number, as well and the postal address and web address at which they can be contacted on the packaging of the battery. The postal address shall indicate a single point at which the manufacturer can be contacted. Such information shall be in a language easily understood by end-users and market surveillance authorities and shall be clear, understandable and legible.
Amendment 394 #
Proposal for a regulation
Article 39 – title
Article 39 – title
39 Obligation for economic operators that place rechargeable industrial batteries and electric-vehicle batteries with internal storage and a capacity above 2 kWh on the market to establish supply chain due diligence policiesbatteries on the market to conduct value chain due diligence ((Horizontal amendment: the extension of the scope of due diligence to all economic operators should apply throughout the text.))
Amendment 398 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. As of [12 months after the entry into force of the Regulation] the economic operator that places rechargeable industrial batteries and electric-vehicle batteries with internal storage and a capacity above 2 kWhbatteries on the market shall comply with the supplyvalue 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 406 #
Proposal for a regulation
Article 39 – paragraph 2 – point a
Article 39 – paragraph 2 – point a
(a) adopt, and clearly communicate to suppliers and the public, a company policy for the supplyvalue chain of raw materials indicated in Annex X, point 1;for the manufacturing of batteries, including raw materials and secondary raw materials indicated in Annex X, point 1, as well as hazardous chemicals; ((Horizontal amendment that should apply throughout the whole text.))
Amendment 408 #
Proposal for a regulation
Article 39 – paragraph 2 – point a a (new)
Article 39 – paragraph 2 – point a a (new)
(a a) adopt, and clearly communicate to the public, a company policy for the manufacturing of batteries and all related business operations;
Amendment 409 #
Proposal for a regulation
Article 39 – paragraph 2 – point b
Article 39 – paragraph 2 – point b
(b) incorporate in its supply chaindue diligence policy standards consistent with the standards set out in the model supply chain policy in Annex II to the OECD Due Diligence Guidance; UN Guiding Principles on Business and Human Rights1a and the OECD Guidelines for Multinational Enterprises1b in order to identify, prevent,address and mitigate adverse impacts; _________________ 1a https://www.ohchr.org/documents/publica tions/guidingprinciplesbusinesshr_en.pdf 1b https://www.oecd.org/corporate/mne/4800 4323.pdf ((Horizontal amendment that should apply throughout the text.))
Amendment 412 #
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 414 #
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 ofidentifying upstream actors in the supply chain.
Amendment 420 #
Proposal for a regulation
Article 39 – paragraph 2 – point d – paragraph 2
Article 39 – paragraph 2 – point d – paragraph 2
Amendment 422 #
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 423 #
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 systeand remediation mechanism or provide such mechanisms through collaborative arrangements with other economic operators or organisations, or by facilitating recourse to an external expert or body, such as an ombudsman. Such mechanism should comply with the UN Guiding Principles on Business and Human Rights.
Amendment 425 #
Proposal for a regulation
Article 39 – paragraph 2 – point f a (new)
Article 39 – paragraph 2 – point f a (new)
(f a) consult with potentially affected right holders and non-governmental organisations active in the field for the establishment of the grievance mechanism and report about this in a transparent manner;
Amendment 426 #
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 2value chain, including related to the use of energy, materials and chemicals, and including emissions, discharges and losses of hazardous substances as well as waste treatment operations, 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 428 #
Proposal for a regulation
Article 39 – paragraph 3 – point b – introductory part
Article 39 – paragraph 3 – point b – introductory part
(b) implement a strategy to respond to the identified risks designed so as to prevent or, mitigate and address adverse impacts by:
Amendment 429 #
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 431 #
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 Dinternationally recognised due Ddiligence Guidance, considering their ability to influence, standards listed in Annex X, point 3,and where necessary take steps to exert pressure on supplierbusiness relationships who can most effectively prevent or mitigate the identified risk;
Amendment 433 #
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 434 #
Proposal for a regulation
Article 39 – paragraph 3 – subparagraph 1
Article 39 – paragraph 3 – subparagraph 1
If the economic operator referred to in paragraph 1 pursues risk mitigation efforts while continuing trade or temporarily suspending trade, it shall consult with suppliers and with the stakeholders concerned, including local and central government authorities, international or civil society organisations and affected third parpotentially affected communities, and agree on a strategy for measurable risk mitigation in the risk management plan.
Amendment 437 #
Proposal for a regulation
Article 39 – paragraph 3 – subparagraph 2
Article 39 – paragraph 3 – subparagraph 2
The economic operator referred to in paragraph 1 shall identify and assess the probability of adverse impacts in the risk categories listed in Annex X, point 2, in its supply chain based on available reports by third-party verification done by a notified body concerning the suppliers in that chain, and, by assessing, as appropriate, its due diligence practices. Those verification reports shall be in accordance with the first subparagraph in paragraph 4. In the absence of such third-party verification reports concerning suppliers, the economic operator referred to in paragraph 1 shall identify and assess the risks in its supply chain as part of its own risk management systems. In such cases, economic operators referred to in paragraph 1 shall carry outvalue chain. The economic operator referred to in paragraph 1 may make use of third -party verifications of its own supply chains due diligence via a notified body in accordance with the first subparagraph in paragraph 4 reports for that purpose.
Amendment 439 #
Proposal for a regulation
Article 39 – paragraph 3 – subparagraph 3 a (new)
Article 39 – paragraph 3 – subparagraph 3 a (new)
The economic operator referred to in paragraph 1 shall have their value chain due diligence policies and processes supervised and verified by the relevant competent national authority which shall: (a) supervise whether economic operators comply with their due diligence requirements as set out in this Regulation; (b) include in its supervision all activities, processes and systems used by economic operators to implement their value chain due diligence requirements in accordance with paragraphs 2, 3 and 5; as well as, where relevant, carry out checks on undertakings and interviews with affected or potentially affected stakeholders or their representatives; (c) have as its objective the determination of conformity of the value chain due diligence practices of economic operators placing batteries on the market with paragraphs 2, 3 and 5; (d) make recommendations to the economic operators that place batteries on the market on how to improve their supply chain due diligence practices; (e) respect the audit principles of independence, competence and accountability, as set out in the OECD Due Diligence Guidance; (f) may order the temporary suspension of activities or a ban on the operation in the internal market, if the failure to comply with this Regulation could directly lead to irreparable harm. (If this amendment is adopted, Article 39(4) of the Commission proposal should be deemed to be deleted.)
Amendment 445 #
Proposal for a regulation
Article 39 – paragraph 8 – point a a (new)
Article 39 – paragraph 8 – point a a (new)
(a a) Amend the list of international instruments in Annex X in view of international progress;
Amendment 446 #
Proposal for a regulation
Article 39 – paragraph 8 – point a b (new)
Article 39 – paragraph 8 – point a b (new)
(a b) The Commission shall, no later than [12 months after the entry into force of the Regulation], adopt an delegated act establishing the format for the social and environmental risk categories indicated in Annex X, point 2. That delegated act shall be adopted in accordance with the examination procedure referred to in Article74(3).
Amendment 472 #
Proposal for a regulation
Article 60 – paragraph 4
Article 60 – paragraph 4
4. Distributors that supply batteries to end-users shall provide in their retail premises, in a visible manner, and through their online marketplaces permanently and in a visible manner the information listed in paragraph 1 and 2, and information on how the end users may return waste batteries free of charge to the respective collection points established at retail outlets or on behalf of a marketplace. That obligation shall be limited to the types of batteries which the distributor or retailer has, or had, as new batteries in its offer.
Amendment 482 #
Proposal for a regulation
Article 65 – paragraph 1
Article 65 – paragraph 1
1. By 1 January 2026, each portable battery including batteries powering light means of transport, industrial battery and electric vehicle battery placed on the market or put into service and whose capacity is higher than 2 kWh shall have an electronic record (“battery passport”).
Amendment 483 #
Proposal for a regulation
Article 65 – paragraph 2
Article 65 – paragraph 2
2. The battery passport shall be unique for each individual 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 itaccessible via the QR code described in Article 13 (5) and (6).
Amendment 486 #
Proposal for a regulation
Article 65 – paragraph 3
Article 65 – paragraph 3
3. TFor industrial and EV batteries, 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 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.
Amendment 488 #
Proposal for a regulation
Article 65 – paragraph 3 a (new)
Article 65 – paragraph 3 a (new)
3 a. For portable batteries, including batteries powering light means of transport, the battery passport should contain the information described in Article 13 (6) (a) to (d), (i) and (j), and updated information about the battery, linked to changes to its status.
Amendment 489 #
Proposal for a regulation
Article 65 – paragraph 4
Article 65 – paragraph 4
4. TFor EV and industrial batteries, the battery passport shall be accessible online, and via the QR code described in article 13 (5), through electronic systems interoperable with the System established pursuant to Article 64.
Amendment 490 #
Proposal for a regulation
Article 65 – paragraph 5
Article 65 – paragraph 5
5. TFor EV and industrial batteries, the battery passport shall allow access to information about the values for performance and durability parameters referred to in Article 10(1), when the battery is placed on the market and when it is subject to changes in its status.
Amendment 493 #
Proposal for a regulation
Article 65 – paragraph 6
Article 65 – paragraph 6
6. When the change in the status is due to repairing or repurposing 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 battery or the electric vehicle battery on the market or that puts it into service.
Amendment 494 #
Proposal for a regulation
Article 65 – paragraph 7 – introductory part
Article 65 – paragraph 7 – introductory part
7. The Commission is empowered to adopt implementingdelegated acts to establish the rules for accessing, sharing, managing, exploring, publishing and reusing of the information and data accessible through the battery passport.
Amendment 497 #
Proposal for a regulation
Article 65 – paragraph 7 – subparagraph 1
Article 65 – paragraph 7 – subparagraph 1
Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 74(3).
Amendment 501 #
Proposal for a regulation
Article 66 – paragraph 1 a (new)
Article 66 – paragraph 1 a (new)
1 a. By [two years after the entry into force of this Regulation] the Commission shall adopt an implementing act determining the uniform conditions of checks, criteria for determination of the frequency of checks and amount of samples to be checked in accordance with Article 11(4) of Regulation (EU) 2019/1020.
Amendment 506 #
Proposal for a regulation
Article 66 – paragraph 8 a (new)
Article 66 – paragraph 8 a (new)
8 a. Consumers shall have the possibility to inform the Commission of batteries presenting a risk to consumer health and safety through a separate section of the Safety Gate portal.The Commission shall take in due consideration the information received and ensure follow up, where appropriate. The Commission, by means of an implementing act, shall adopt the modalities for the sending of information by consumers as well as for the transmission of such information to the concerned national authorities for possible follow up.
Amendment 514 #
Proposal for a regulation
Article 68 a (new)
Article 68 a (new)
Article 68 a Union testing facility By [two years after the entry into force of this Regulation] the Commission shall designate a Union testing facility specialised in batteries in accordance with Article 21(2), second subparagraph, of Regulation (EU)2019/1020.2. The Union testing facility shall serve as a competence centre for carrying out the testing of batteries at the request of market surveillance authorities for the purpose of the evaluation referred to in Article 66(1);
Amendment 522 #
Proposal for a regulation
Article 69 – paragraph 3 a (new)
Article 69 – paragraph 3 a (new)
3 a. Member States should cooperate in an enforcement network supporting each other in the infringement procedure in case of cross-border sales within the European Union.
Amendment 524 #
Proposal for a regulation
Article 70 – paragraph 1
Article 70 – paragraph 1
1. Contracting authorities, as defined in Article 2(1) of Directive 2014/24/EU or Article 3(1) of Directive 2014/25/EU, or contracting entities, as defined in Article 4(1) of Directive 2014/25/EU shall, when procuring batteries or products containing batteries in situations covered by those Directives, take account of the environmental impacts of batteries over their life cycle with a viewshall give mandatory preference to the best available environmentally friendly batteries, with a view to their entire life cycle, to ensure that such impacts of the batteries procured are kept to a minimum.
Amendment 526 #
Proposal for a regulation
Article 70 – paragraph 2
Article 70 – paragraph 2
2. The obligation set out in paragraph 1 shall apply to any contracts entered into by contracting authorities or contracting entities for the purchase of batteries or products containing batteries and shall mean that these contracting authorities and contracting entities are obliged to include technical specifications and award criteria based on Articles 7 to 101 to ensure that a product is chosen among products with significantly lower environmental impacts over their lifecycle.
Amendment 535 #
Proposal for a regulation
Article 75 – paragraph 1 – point 2 a (new)
Article 75 – paragraph 1 – point 2 a (new)
(2 a) in Annex I, point 21 of the list of Union harmonisation legislation is replaced by the following: 21. Regulation of the European Parliament and of the Council on batteries and waste batteries, amending Regulation (EU) No 2019/1020 and repealing Directive 2006/66/EC
Amendment 540 #
Proposal for a regulation
Article 76 – paragraph 1 a (new)
Article 76 – paragraph 1 a (new)
By 1 January 2023, the Commission shall develop harmonised criteria for effective, proportionate and dissuasive penalties and for compensation of damages to individuals.
Amendment 556 #
Proposal for a regulation
Article 77 – paragraph 2 – point d
Article 77 – paragraph 2 – point d
(d) measures regarding end-of-life management of batteries set out in Chapter VII.,
Amendment 558 #
Proposal for a regulation
Article 77 – paragraph 2 – point d a (new)
Article 77 – paragraph 2 – point d a (new)
(d a) measures regarding the identification of economic operators set out in Article 45.
Amendment 564 #
Proposal for a regulation
Annex III – title
Annex III – title
Electrochemical performance and durability parameters for portable batteries of general useincluding batteries powering light means of transport
Amendment 566 #
Proposal for a regulation
Annex III – point 1
Annex III – point 1
1. Battery measured capacity, electric charge which a battery can delivers under a specific set of real life conditions.
Amendment 577 #
Proposal for a regulation
Annex VI – Part C – paragraph 1
Annex VI – Part C – paragraph 1
The QR code shall be 100% blackin a color with a high contrast compared to its background and of a size that is easily readable by a commonly available QR reader, such as those integrated in hand-held communication devices.
Amendment 579 #
Proposal for a regulation
Annex VIII – Part A – point 1 – paragraph 1
Annex VIII – Part A – point 1 – paragraph 1
Internal production control is the conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2, 3 and 4, and ensures and declares that the battery satisfies the requirements set out in Articles 6, 9, 10, 11, 121, 13 and 14 that apply to them.
Amendment 583 #
Proposal for a regulation
Annex VIII – Part B – point 1 – paragraph 1
Annex VIII – Part B – point 1 – paragraph 1
Internal production control plus supervised verification is the conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2, 3, 4, and 5, and ensures and declares that the battery satisfy the requirements set out in Articles 7, 8, 10, 12 and 39 that are applicable.
Amendment 587 #
Proposal for a regulation
Annex X – point 1 – point a a (new)
Annex X – point 1 – point a a (new)
(a a) copper
Amendment 588 #
(a b) iron
Amendment 589 #
Proposal for a regulation
Annex X – point 1 – point a c (new)
Annex X – point 1 – point a c (new)
(a c) bauxite
Amendment 599 #
Proposal for a regulation
Annex X – point 2 – point d a (new)
Annex X – point 2 – point d a (new)
(d a) climate, including greenhouse gas emissions;
Amendment 602 #
Proposal for a regulation
Annex X – point 2 – point i a (new)
Annex X – point 2 – point i a (new)
(i a) community life, including that of indigenous people;
Amendment 605 #
Proposal for a regulation
Annex X – point 3 – point a a (new)
Annex X – point 3 – point a a (new)
(a a) UN Guiding Principles on Business and Human Rights;
Amendment 606 #
Proposal for a regulation
Annex X – point 3 – point c a (new)
Annex X – point 3 – point c a (new)
(c a) The eight fundamental ILO Conventions as defined under the ILO Declaration on Fundamental Principles and Rights at Work
Amendment 607 #
Proposal for a regulation
Annex X – point 3 – point f
Annex X – point 3 – point f
(f) OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk AreaGuidelines for Multinational Enterprises.
Amendment 608 #
Proposal for a regulation
Annex X – point 3 – point f a (new)
Annex X – point 3 – point f a (new)
(f a) The UN Paris Agreement.
Amendment 626 #
Proposal for a regulation
Annex XIII – point 1 – point r a (new)
Annex XIII – point 1 – point r a (new)
(r a) Status of the battery (first life, waste, repaired, repurposed, recycled)