45 Amendments of Pascal CANFIN related to 2020/0353(COD)
Amendment 242 #
Proposal for a regulation
Recital 10
Recital 10
(10) This Regulation should apply to all types of batteries and accumulators placed on the market or put into service within the Union, regardless if they were produced in the Union or imported, whether on their own or incorporated into appliances or otherwise supplied with electrical and electronic appliances and vehicles. This Regulation should apply regardless of whether a battery is specifically designed for a product or is of general use and regardless of whether it is incorporated into a product or is supplied together with or separately from a product in which it is to be used.
Amendment 243 #
Proposal for a regulation
Recital 12
Recital 12
(12) Within the Regulation’s wide scope, it is appropriate to distinguish between different categories of batteries in accordance with their design and use, independent of the battery chemistry. The classification into portable batteries, on one hand, and industrial batteries and automotive batteries on the other hand under Directive 2006/66/EC should be further developed to better reflect new developments in the use of batteries. Batteries that are used for traction in electric vehicles and which under Directive 2006/66/EC fall in the category of industrial batteries, constitute a large and growing part of the market due to the quick growth of electric road transport vehicles. It is therefore appropriate to classify those batteries that are used for traction in road vehicles as a new category of electric vehicle batteries. Batteries used for traction in other transport vehicles including rail, waterborne and aviation transport, continue to fall under the category of industrial batteries under this Regulation. Batteries used for traction in light means of transport, such as ebikes and scooters, were not clearly classified as batteries under Directive 2006/66/EC, and now constitute a significant part of the market due to their growing use in urban sustainable mobility. It is therefore appropriate to classify those batteries as a new category of batteries, namely light means of transport batteries. The industrial battery type encompasses a broad group of batteries, intended to be used for industrial activities, communication infrastructure, agricultural activities or generation and distribution of electric energy. In addition to this non exhaustive list of examples, any battery that is neither a portable battery nor a light means of transport battery nor an automotive battery nor an electric vehicle battery should be considered an industrial battery. Batteries used for energy storage in private or domestic environments. are considered industrial batteries for the purposes of this Regulation. Furthermore, in order to ensure that all batteries used in light means of transport, such as ebikes and scooters, are classified as portable batteries, it is necessary to clarify the definition of portable batteries and to introduce a weight limit for such batteries.
Amendment 248 #
Proposal for a regulation
Recital 13
Recital 13
(13) Batteries should be designed and manufactured so as to optimise their performance, durability and safety and to minimise their environmental footprint. It is appropriate to lay down specific sustainability requirements for rechargeablelight means of transport batteries, industrial batteries and electric vehicle batteries with internal storage with a capacity above 2 kWh as such batteries represent the market segment which is expected to increase most in the coming years.
Amendment 264 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) The maximum lifecycle carbon footprint thresholds should be future proof and evolve progressively according to the best available manufacturing and production processes. Therefore, when adopting the delegated act determining the maximum life cycle carbon footprint threshold referred to in Article 7, paragraph 3, the European Commission must take into account the best available manufacturing and production process and ensure that the selected technical criteria are consistent with the objective of this Regulation to ensure that batteries placed on the EU market guarantee a high level of protection of human health, safety, property and the environment.
Amendment 288 #
Proposal for a regulation
Recital 24
Recital 24
(24) In order to reduce the life cycle environmental impact batteries, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the performance and durability parameters and establishing minimum values for those parameters for portable batteries of general use and for rechargeable industrial batteries.
Amendment 320 #
Proposal for a regulation
Recital 64
Recital 64
(64) When putting in place a risk-based due diligence policy, it should be based on internationally recognised due diligence principles in the United Nations Guiding Principles on Business and Human Rights 39a, 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 Enterprises 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 good practice in this area. __________________ 39a The United Nations Guiding Principles on Business and Human Rights, available at https://www.ohchr.org/documents/publica tions/guidingprinciplesbusinesshr_en.pdf 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 42 Tripartite 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 43 OECD (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 339 #
Proposal for a regulation
Recital 88
Recital 88
(88) Industrial and electric vehicle bBatteries that are no longer fit for the initial purpose for which they were manufactured may be used for a different purpose as stationary energy storage batteries. A market for the second life of used industrial and electric vehicle batteries is emerging and in order to support the practical application of the waste hierarchy, specific rules should thus be defined to allow responsible repurposing of used batteries while taking into account the precautionary principle and ensuring safety of use for end users. Any such used battery should undergo an assessment of its state of health and available capacity to ascertain its suitability for use for any other than its original purpose. In order to ensure uniform conditions for the implementation of provisions related to the estimation of the state of health of batteries, implementing powers should be conferred on the Commission.
Amendment 348 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall apply to all batteries, namely portable batteries, light means of transport batteries, automotive batteries, electric vehicle batteries and industrial batteries, including stationary battery energy storage systems, regardless of their shape, volume, weight, design, material composition, use or purpose. It shall also apply to batteries incorporated in or added to other products.
Amendment 413 #
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 production of the battery, including sourcing, processing and trading of the raw materialschemicals and raw materials, both primary and secondary, required for battery manufacturing;
Amendment 440 #
Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(ba) the due diligence requirements set out in Article 39.
Amendment 464 #
Proposal for a regulation
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5a. The Commission shall within 6 months of the adoption of any revision of Regulation (EC) No 1907/2006, or of any new relevant legislation relating to sustainability criteria for hazardous substances and chemicals, adopt a delegated act in accordance with Article 73 of this Regulation to guarantee alignment with this article and Article 71 with the revision of Regulation (EC) No 1907/2006 or with any new relevant legislation relating to sustainability criteria for hazardous substances and chemicals.
Amendment 466 #
Proposal for a regulation
Article 7 – title
Article 7 – title
Carbon footprint of light means of transport batteries electric vehicle batteries and rechargeable industrial batteries
Amendment 495 #
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 July 2024 to[12 months after the adoption of both the delegated and implementing acts referred to in the subparagraph below] and no later than 1 July 2024 to light means of transport batteries electric vehicle batteries and to rechargeable industrial batteries.
Amendment 509 #
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 535 #
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 January 20265 for electric vehicle batteries and for rechargeable industrial batteries.
Amendment 539 #
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 DecemberJanuary 2024, adopt
Amendment 565 #
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 574 #
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 714 #
Proposal for a regulation
Article 11 – title
Article 11 – title
Removability and replaceability of portable batteries and light means of transport batteries
Amendment 784 #
Proposal for a regulation
Article 13 – paragraph 5 – point b
Article 13 – paragraph 5 – point b
(b) from 1 January 2027, for portable, light means of transport and automotive batteries the information referred to in paragraph 2;
Amendment 791 #
Proposal for a regulation
Article 13 – paragraph 5 – point e
Article 13 – paragraph 5 – point e
(e) from [12 months after the entry into force of this Regulation], for rechargeable industrial batteries and electric vehicleall batteries the report referred to in Article 39(6);
Amendment 841 #
Proposal for a regulation
Article 38 – paragraph 1 – point b a (new)
Article 38 – paragraph 1 – point b a (new)
(ba) comply with the supply chain due diligence obligations set out in Article 39.
Amendment 866 #
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 Guidance, the UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises;
Amendment 873 #
Proposal for a regulation
Article 39 – paragraph 2 – point d – subparagraph 1 – introductory part
Article 39 – paragraph 2 – point d – subparagraph 1 – introductory part
Such a system shall be supported by documentation that provides at least the following information:
Amendment 875 #
Proposal for a regulation
Article 39 – paragraph 2 – point d – subparagraph 1 – point iv a (new)
Article 39 – paragraph 2 – point d – subparagraph 1 – point iv a (new)
(iva) any other relevant information for the purpose of the identification of risks listed in Annex X, Point 2.
Amendment 939 #
Proposal for a regulation
Article 39 – paragraph 7 a (new)
Article 39 – paragraph 7 a (new)
7a. The Commission shall within [6 months of the adoption of the upcoming Directive on Sustainable Corporate Governance and Due Diligence] adopt a delegated act in accordance with Article 73 to align the requirements in this article and in Annex X with the requirements set out in the [new directive]. Any additional due diligence requirements on economic operators placing batteries on the market in this regulation needed to maintain the ambition of the regulation should be complimentary to the requirements of the [new directive] and must lead to as little extra burden on these operators as possible.
Amendment 943 #
Proposal for a regulation
Article 39 – paragraph 8 – point b
Article 39 – paragraph 8 – point b
(b) amend the obligations on the economic operator referred to in paragraph 1 set out in paragraphs 2 to 4 in view of amendments to Regulation (EU) 2017/821 and changes to the due diligence recommendations set out in Annex I to the OECD Due Diligence Guidance, the UN Guiding Principles on Business or the Human Rights and OECD Guidelines for Multinational Enterprises.
Amendment 947 #
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. Importers shall only place on the market or put into service a battery which is compliant with the requirements of Chapters II and III and Article 39.
Amendment 949 #
Proposal for a regulation
Article 41 – paragraph 2 – subparagraph 1
Article 41 – paragraph 2 – subparagraph 1
Where an importer considers or has reason to believe that a battery is not in conformity with the requirements set out in Chapters II and III and Article 39, the importer shall not place it on the market or put it into service until it has been brought into conformity. Furthermore, where the battery presents a risk, the importer shall inform the manufacturer and the market surveillance authorities to that effect.
Amendment 954 #
Proposal for a regulation
Article 41 – paragraph 7
Article 41 – paragraph 7
7. Importers who consider or have reason to believe that a battery, which they have placed on the market or put into service, is not in conformity with the requirements set out in Chapters II and III and Article 39, shall immediately take the corrective action necessary to bring that battery into conformity, to withdraw it or recall it, as appropriate. Furthermore, where the battery presents a risk, importers shall immediately inform the national authority of the Member State in which they made the battery available on the market to that effect, giving details, in particular, of the non-compliance and of any corrective action taken.
Amendment 956 #
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
3. Where a distributor considers or has reason to believe that a battery is not in conformity with the requirements set out in Chapters II and III and Article 39, the distributor shall not make the battery available on the market until it has been brought into conformity. Furthermore, where the battery presents a risk, the distributor shall inform the manufacturer or the importer to that effect as well as the relevant market surveillance authorities.
Amendment 957 #
Proposal for a regulation
Article 42 – paragraph 5
Article 42 – paragraph 5
5. Distributors who consider or have reason to believe that a battery, which they have made available on the market, is not in conformity with the requirements set out in Chapters II and III and Article 39 shall make sure that the corrective action necessary to bring that battery into conformity, to withdraw it or recall it, as appropriate, are taken. Furthermore, where the battery presents a risk, distributors shall immediately inform the national authority of the Member States in which they made the battery available on the market to that effect, giving details, in particular, of the non-compliance and of any corrective action taken.
Amendment 959 #
Proposal for a regulation
Article 42 – paragraph 6
Article 42 – paragraph 6
6. Distributors shall, further to a reasoned request from a national authority provide it with all the information and the technical documentation necessary to demonstrate the conformity of a battery with the requirements set out in Chapters II and III and Article 39 in a language that can be easily understood by that authority. That information and the technical documentation shall be provided in paper or electronic form. Distributors shall cooperate with the national authority, at its request, on any action taken to eliminate the risks posed by batteries that they have made available on the market.
Amendment 1189 #
Proposal for a regulation
Article 70 – paragraph 2
Article 70 – paragraph 2
2. The obligation set out in paragraph 1 shall apply to any contracts entered into by contracting authorities or contracting entities for the purchase of batteries or products containing batteries and shall mean that these contracting authorities and contracting entities are obliged to include technical specifications and award criteria based on Articles 7 to 10 and 39 to ensure that a product is chosen among products with significantly lower environmental impacts over their lifecycle.
Amendment 1341 #
Proposal for a regulation
Annex X – point 1 – point d a (new)
Annex X – point 1 – point d a (new)
(da) copper
Amendment 1346 #
Proposal for a regulation
Annex X – point 1 – point d b (new)
Annex X – point 1 – point d b (new)
(db) iron;
Amendment 1349 #
Proposal for a regulation
Annex X – point 1 – point d c (new)
Annex X – point 1 – point d c (new)
(dc) bauxite;
Amendment 1359 #
Proposal for a regulation
Annex X – point 2 – point c a (new)
Annex X – point 2 – point c a (new)
(ca) climate change;
Amendment 1363 #
Proposal for a regulation
Annex X – point 2 – point d a (new)
Annex X – point 2 – point d a (new)
(da) waste management;
Amendment 1366 #
Proposal for a regulation
Annex X – point 2 – point i a (new)
Annex X – point 2 – point i a (new)
(ia) access to information, public participation in decision-making and access to justice in environmental matters
Amendment 1372 #
Proposal for a regulation
Annex X – point 3 – point b a (new)
Annex X – point 3 – point b a (new)
(ba) the UN Paris Agreement;
Amendment 1375 #
Proposal for a regulation
Annex X – point 3 – point e a (new)
Annex X – point 3 – point e a (new)
(ea) OECD Guidelines for Multinational Enterprises;
Amendment 1424 #
Proposal for a regulation
Annex XII – Part C – point 1 – point d
Annex XII – Part C – point 1 – point d
(d) 3560 % for lithium;
Amendment 1432 #
Proposal for a regulation
Annex XII – Part C – point 2 – point d
Annex XII – Part C – point 2 – point d
(d) 7085 % for lithium;
Amendment 1439 #
Proposal for a regulation
Annex XIII – point 1 – point e a (new)
Annex XIII – point 1 – point e a (new)
(ea) Information on the reparability of battery in case of defect and if block of battery cells or individual battery cells can be replaced or only the battery in its entirety.