54 Amendments of Evžen TOŠENOVSKÝ related to 2020/0353(COD)
Amendment 104 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Electric vehicle batteries and rechargeable industrial batteries with internal storage and a capacity above 2 kWh shall be accompanied by technical documentation that includes, for each battery model and batch per manufacturing plant, a carbon footprint declaration, which shall be based on the bill of material, the energy, and auxiliary materials used in a specific plant to produce a specific battery model, drawn up in accordance with the delegated act referred to in the second sub- paragraph and containing, at least, the following information:
Amendment 106 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
The carbon footprint declaration requirement in the first subparagraph shall apply as of 1 July 20247 to electric vehicle batteries and to rechargeable industrial batteries.
Amendment 107 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 2 – introductory part
Article 7 – paragraph 1 – subparagraph 2 – introductory part
The Commission shall, no later than 1 July 20235, adopt:
Amendment 108 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 3
Article 7 – paragraph 1 – subparagraph 3
Following the establishment of the methodology referred to in point (a) of the second sub-paragraph, the Commission shall verify the dates laid down in this Article, and if found beyond what is achievable, shall adopt a delegated act in accordance with Article 73 to amend them. The Commission shall be empowered to adopt delegated acts in accordance with Article 73 to amend the information requirements set out in the first subparagraph.
Amendment 110 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
The carbon footprint performance class requirements in the first subparagraph shall apply as of 1 January 20269 for electric vehicle batteries and for rechargeable industrial batteries.
Amendment 111 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3 – introductory part
Article 7 – paragraph 2 – subparagraph 3 – introductory part
The Commission shall, no later than 31 December 20246, adopt
Amendment 114 #
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 202730 for electric vehicle batteries and for rechargeable industrial batteries.
Amendment 115 #
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2
Article 7 – paragraph 3 – subparagraph 2
The Commission shall, no later than 1 July 20268, 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 124 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. From 1 January 20278, industrial batteries, electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kWh that contain cobalt, lead, lithium or nickel in active materials shall be accompanied by technical documentation 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 203 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall apply to all portable batteries, namely portablelight means of transport batteries, automotive batteries, electric vehicle batteries and industrial batteries including stationary storage batteries, regardless of their shape, volume, weight, design, material composition, use or purpose. It shall also apply to batteries incorporated in or added to other products.
Amendment 206 #
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3 a. 4.With the exclusion of Chapter VII, this regulation shall not apply to industrial batteries designed before the entry into force of this Regulation: a) Placed on the market to be incorporated in safety-sensitive applications designed before the entry into force of the Regulation; b) or to be used as spare parts for equipment designed before the entry into force of the Regulation.
Amendment 227 #
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2 a. By 31 December 2025 and by 31 December 2030, the Commission shall publish the assessments of currently available recycling technologies and a prognosis of end-of-life batteries available for recycling and the average amount of cobalt, lead, lithium or nickel recovered from batteries per year.
Amendment 228 #
Proposal for a regulation
Article 8 – paragraph 2 b (new)
Article 8 – paragraph 2 b (new)
2 b. The Commission shall, by 31 December 2028 and by 31 December 2032, adopt the delegated acts in accordance with Article 73, defining the specific targets for the minimum share of cobalt, lead, lithium and nickel recovered from waste, based on the assessments referred to in previous subparagraph.
Amendment 229 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 233 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. From 1 January 202724 months after the entry into force of the delegated act referred to in the paragraph 2, portable batteries of general use shall meet the values for the electrochemical performance and durability parameters set out in Annex III as laid down in the delegated act adopted by the Commission pursuant to paragraph 2.
Amendment 243 #
Proposal for a regulation
Article 10
Article 10
Amendment 244 #
Proposal for a regulation
Article 10 – title
Article 10 – title
10 Performance and durability requirements for rechargeable industrialstationary storage batteries and electric vehicle batteries
Amendment 247 #
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. From [124 months after entry into force of the Regulation], rechargeable industrialstationary storage batteries and electric vehicle batteries with internal storage and a capacitnominal energy above 2 kWh shall be accompanied by a technical documentation containing values for the electrochemical performance and durability parameters laid down in Part A of Annex IV.
Amendment 249 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
The technical documentation of stationary storage batteries with internal storage and a nominal energy above 2 kWh referred to in the first subparagraph shall also contain an explanation of the technical specifications, standards and conditions used to measure, calculate or estimate the values for the electrochemical performance and durability parameters. That explanation shall, if applicable, include, at least, the elements laid down in Part B of Annex IV.
Amendment 251 #
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1 a. The Commission is empowered to adopt delegated acts in accordance with Article 73 to amend the electrochemical performance and durability parameters laid down in Annex IV in view of technical, scientific progress and, for the electric vehicle batteries with internal storage and nominal energy above 2 kWh, to align them with the Global Technical Regulations of The United Nations on in vehicle battery durability (UNECE GTRs).
Amendment 253 #
Proposal for a regulation
Article 57 – paragraph 1
Article 57 – paragraph 1
1. All waste batteries collected and that are not sent to repurposing or remanufacturing shall enter a recycling process.
Amendment 253 #
Proposal for a regulation
Article 10 – paragraph 1 b (new)
Article 10 – paragraph 1 b (new)
1 b. In preparing the delegated act referred to in the second subparagraph, the Commission shall ensure that no excessive administrative burden shall be imposed on manufacturers of the batteries and the appliances concerned.
Amendment 255 #
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 kWh24 months after the entry into force of the delegated act referred to in the paragraph 3, stationary storage batteries shall meet the minimum values laid down in the delegated act adopted by the Commission pursuant to paragraph 3 for the electrochemical performance and durability parameters set out in Part A of Annex IV.
Amendment 257 #
Proposal for a regulation
Article 10 – paragraph 3 – introductory part
Article 10 – paragraph 3 – introductory part
3. By 31 December 2024, the Commission shall adopmay adopt once sufficient market knowledge has been acquired and once proper assessment is carried out including the assessment of the impact on the objectives of the Regulation to decrease the carbon footprint a delegated act in accordance with Article 73 to supplement this Regulation by establishing minimum values for the electrochemical performance and durability parameters laid down in Part A of Annex IV that rechargeable industrial batteries with internal storage and capacity above 2 kWhstationary storage batteries shall attain.
Amendment 264 #
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. PBy 1 January 2026, portable batteries incorporated in appliances shall be readily removable and replaceable by the end-user or by independent operators during the lifetime of the appliance, if the batteries have a shorter lifetime than the appliance, or at the latest at the end of the lifetime of the appliance. The Commission shall adopt guidance for establishing expected lifetime.
Amendment 265 #
Proposal for a regulation
Article 57 – paragraph 5 a (new)
Article 57 – paragraph 5 a (new)
5 a. In order to enable proper sorting and reporting of lithium-ion batteries waste batteries the Decision 2000/532/EC establishing a list of wastes will be expanded to include codes for lithium-ion waste batteries.
Amendment 267 #
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, it can be substituted by a similar batterybattery that conforms to the original specifications, without affecting the functioning or the performance of that appliance.
Amendment 274 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 281 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The Commission shall adopt Not later than 1 July 2025, the Commission shall adopt guidance for establishing expected lifetime set out in paragraph 1 as well as guidance to facilitate harmonised application of the derogations set out in paragraph 2.
Amendment 286 #
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 oversee due diligence schemes (“scheme owners”) or producers or a grouping of producers that participate in these schemes 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 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 288 #
Proposal for a regulation
Annex II – point 2 – paragraph 3
Annex II – point 2 – paragraph 3
The calculation of the life cycle carbon footprint shall be based on the bill of material, the energy, and auxiliary materials used in a specific plant to produce a specific battery model. The calculation should reflect the actual energy mix used by the specific plant. In particular, the electronic components (e.g. battery management units, safety units) and the cathode materials have to be accurately identified, as they may become the main contributor for the battery carbon footprint.
Amendment 289 #
Proposal for a regulation
Annex II – point 9 – paragraph 2
Annex II – point 9 – paragraph 2
In proposing maximum carbon footprint thresholds, the Commission will take into account the relative distribution of the carbon footprint values in batteries on the market, the extent of progress in the reduction of carbon footprint of batteries placed on the Union market and the effective and potential contribution of this measure to the Union’s objectives on sustainable mobility and climate neutrality by 2050. Moreover, the Commission will take into account the technological and organisational options that economic operators in individual Member States can actually undertake to reduce their carbon footprint”.
Amendment 295 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Rechargeable industrial batteries and electric vehicleStationary storage lithium and sodium batteries with internal storage and a capacitnominal energy above 2 kWh shall include a battery management system containing data on the parameters for determining the state of health and expected lifetime of batteries as laid down in Annex VII. Producers of electric vehicle batteries with a nominal energy above 2 kWh shall make data available at the end of the first vehicle lifecycle through reasonable means on the parameters for determining the state of health and expected lifetime of batteries, as laid down in the technical specifications of the UNECE GTR once applicable in EU law (State of Certified Range, State of Certified Energy).
Amendment 300 #
Proposal for a regulation
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
2. Access to the read only data in the battery management system referred to in paragraph 1 shall be provided on a non- discriminatory basiwith due regard for business confidentiality and other competitive concerns to the legal or natural person who has legally purchased the battery or any third party acting on their behalf at any time for the purpose of:
Amendment 302 #
Proposal for a regulation
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
(b) facilitating the reuse, prepurposingaring for reuse or remanufacturing of the battery;
Amendment 305 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 306 #
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3 a. The Commission is empowered to adopt delegated acts in accordance with Article 73 to determine the state of health and expected lifetime of batteries for the electric vehicle batteries with internal storage and nominal energy above 2 kWh, in line with the UNECE GTR on Electric Vehicles and the Environment. In preparing the delegated act referred to in the second subparagraph, the Commission shall ensure that no excessive administrative burden shall be imposed on manufacturers of the batteries and the appliances concerned.
Amendment 315 #
Proposal for a regulation
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. The Commission, after consulting recognised European standards organisations, shall be empowered to adopt implementing acts laying down common specifications for the requirements set out in Articles 9, 10, 12, 13, 59(5)(a) or tests referred to in Article 15(2), where:
Amendment 319 #
Proposal for a regulation
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
(b) the Commission observes undue delays in the adoption of requested harmonised standards, or considers that relevant harmonised standards are not sufficient; or
Amendment 321 #
Proposal for a regulation
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
Amendment 326 #
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 341 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The EU declaration of conformity shall have the model structure set out in Annex IX, shall contain the elements specified in the relevant modules set out in Annex VIII and shall be continuously updatedupdated if significant changes to the battery are made. It shall be translated into the language or languages required by the Member State in which the battery is placed on the market or put into service and have, preferably, electronic form.
Amendment 343 #
Proposal for a regulation
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
3 a. This provision shall apply for 24 months, after the Commission has published the list of notified bodies as provided in Article 30.
Amendment 471 #
Proposal for a regulation
Article 60 – paragraph 1 – subparagraph 1 – point b
Article 60 – paragraph 1 – subparagraph 1 – point b
(b) in a language, which can be easily understood by consumers and other end- users, as determined by the Member State concerned, including an infographic or pictograph explanation.
Amendment 474 #
Proposal for a regulation
Article 64 – paragraph 1
Article 64 – paragraph 1
1. By 1 January 2026From [24 months after the entry into force of the implementing act referred to in Article 64 (5) c], the Commission shall set up the electronic exchange system for battery information (“the system”).
Amendment 475 #
Proposal for a regulation
Article 64 – paragraph 2
Article 64 – paragraph 2
2. The system shall contain the information and data on rechargeable industrialstationary storage batteries and electric vehicle batteries with internal storage and a capacity above 2 kWh as laid down in Annex XIII. That information and data shall be sortable and searchable, respecting open standards for third party use.
Amendment 476 #
Proposal for a regulation
Article 64 – paragraph 3
Article 64 – paragraph 3
3. The economic operators that place a rechargeable industrialstationary storage battery or an electric vehicle battery with internal storage on the market shall make the information referred to in paragraph 2 available electronically in a machine readable format using interoperable and easily accessible data services in the format established in accordance with paragraph 5.
Amendment 477 #
Proposal for a regulation
Article 64 – paragraph 5 – introductory part
Article 64 – paragraph 5 – introductory part
5. The Commission shall, by 31 December 20245, adopt implementing acts to establish:
Amendment 479 #
Proposal for a regulation
Article 64 – paragraph 5 – point c
Article 64 – paragraph 5 – point c
(c) the rules for accessing, sharing, managing, exploring, publishing and reusing of the information and data in the system, including restricted levels of access (e.g for authorised actors, as defined under article 64 (4), as applicable.
Amendment 580 #
Proposal for a regulation
Annex VIII – Part A – point 2 – paragraph 2 – point b
Annex VIII – Part A – point 2 – paragraph 2 – point b
Amendment 581 #
Proposal for a regulation
Annex VIII – Part A – point 2 – paragraph 2 – point c
Annex VIII – Part A – point 2 – paragraph 2 – point c
(c) descriptions and explanations necessary for the understanding of the drawings and schemes referred to in point (b) and the operation of the battery;
Amendment 584 #
Proposal for a regulation
Annex VIII – Part B – point 2 – paragraph 2 – point b
Annex VIII – Part B – point 2 – paragraph 2 – point b
Amendment 585 #
Proposal for a regulation
Annex VIII – Part B – point 2 – paragraph 2 – point c
Annex VIII – Part B – point 2 – paragraph 2 – point c
(c) descriptions and explanations necessary for the understanding of the drawings and schemes referred to in point (b) and the operation of the battery;test reports.
Amendment 586 #
Proposal for a regulation
Annex VIII – Part B – point 4 – paragraph 1
Annex VIII – Part B – point 4 – paragraph 1
For each battery model, and where applicable, for each batch that the manufacturer or the importer places on the Union market, the mentioned economic operator shall carry out one or more tests on one or more specific aspects of the battery model or batch of batteriesin order to verify conformity with the corresponding requirements referred to in point 1. For large battery batches, the manufacturer, the authorised representative or the importer shall choose a statistically representative sample of batteries.