165 Amendments of Sven GIEGOLD related to 2020/0353(COD)
Amendment 233 #
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof, and Article 192(1) thereof in relation to Chapter VII of this Regulation,
Amendment 238 #
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 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 about batteries to consumers and economic operators. 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 246 #
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 rechargeable 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 250 #
Proposal for a regulation
Recital 15
Recital 15
(15) The use of hazardous substances in batteries should be restricted in order to protect human health and the environment and to reduce the presence of such substances in waste. Thus, in addition to the restrictions set out in Annex XVII of Regulation (EC) No 1907/2006 of the European Parliament and of the Council29 , it is appropriate to set out restrictions for mercury and, cadmium and lead in certain types of batteries. Batteries used in vehicles which benefit from an exemption under Annex II to Directive 2000/53/EC of the European Parliament and of the Council30 should be excluded from the prohibition to contain cadmium. The Commission should, assisted by the Agency, make a holistic and systemic assessment of hazardous substances in batteries. This assessment should in particular evaluate high quantity battery chemistries, evolving and emerging chemistries and the availability of suitable alternatives to lead-acid industrial and automotive batteries and to nickel- cadmium industrial batteries. __________________ 29Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1) 30Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of life vehicles (OJ L 269, 21.10.2000, p. 34).
Amendment 257 #
Proposal for a regulation
Recital 17
Recital 17
(17) The procedure for adopting new and amending current restrictions on hazardous substances in batteries should be fully streamlined with Regulation (EC) No 1907/2006. To ensure effective decision- making, coordination and management of the related technical, scientific and administrative aspects of this Regulation, the European Chemicals Agency set up under Regulation (EC) No 1907/2006 (‘the Agency’)re should be good cooperation, coordination and information between the Member States, the European Chemicals Agency set up under Regulation (EC) No 1907/2006 (‘the Agency’), other bodies of the Community, the Commission and the interested parties. Member States or the Agency should carry out specified tasks with regard to the evaluation of risks from substances in the manufacture and use of batteries, as well as those that may occur after their end-of-life as well as the evaluation of the socio-economic elements and the analysis of alternatives, in accordance with relevant guidance by the Agency. Consequently, the Committees for Risk Assessment and Socio-economic Analysis of the Agency should facilitate the carrying out of certain tasks conferred on the Agency by this Regulation.
Amendment 258 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) The Chemical Strategy for Sustainability states that REACH will be revised. In order to ensure that this Regulation is coherent with the provisions of REACH as revised, 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 procedure for adopting restrictions on hazardous substances in batteries.
Amendment 261 #
Proposal for a regulation
Recital 18
Recital 18
(18) The expected massive deployment of batteries in sectors like mobility and energy storage should reduce carbons emissions, but to maximise this potential it is necessary that their overall life cycle has a low carbon footprint. According to the Product Environmental Footprint Category Rules for High Specific Energy Rechargeable Batteries for Mobile Applications31 , greenhouse gas emissions exacerbating climate change is the second highest related impact category for batteries after mining and the use of minerals and metals. The technical documentation for rechargeable industrial batteries and electric vehicle batteries with internal storage and a capacity above 2 kWh, light means of transport batteries and electric vehicle batteries placed on the Union market should therefore be accompanied by a carbon footprint declaration,, which should be specific, if necessary, per manufacturing batch. Batteries are manufactured in batches, made in specific amounts within certain timeframes Harmonising the technical rules for calculating the carbon footprint for all rechargeable industrial batteries and electric vehicle batteries with internal storage with a capacity above 2 kWh, light means of transport batteries and electric vehicle batteries placed on the Union market is a prerequisite for introducing a requirement for the technical documentation of the batteries to include a carbon footprint declaration and subsequently establishing carbon footprint performance classes that will allow identifying the batteries with overall lower carbon footprints. Information and clear labelling requirements on batteries’ carbon footprint is not expected in itself to lead to the behavioural change necessary to ensure that the Union’s objective to decarbonise the mobility and energy storage sectors is achieved, in line with the internationally agreed objectives on climate change32 . Therefore, maximum carbon thresholds will be introduced, further to a dedicated impact assessment to determine those values. In proposing the level of the maximum carbon footprint threshold, the Commission will, inter alia, 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 at the latest. In order to bring about transparency on the batteries’ carbon footprint , and shift the Union market towards lower carbon batteries, regardless of where they are produced, a gradual and cumulative increase in the carbon footprint requirements is justified. As a result of these requirements, the avoided carbon emissions in batteries’ life cycle, will contribute to the Union’s climate objectives, particularly that of reaching climate neutrality by 2050 at the latest. This may also enable other policies at Union and national level, such as incentives or green public procurement criteria, fostering the production of batteries with lower environmental impacts. __________________ 31Product Environmental Footprint - Category Rules for High Specific Energy Rechargeable Batteries for Mobile Applications https://ec.europa.eu/environment/eussd/sm gp/pdf/PEFCR_Batteries.pdf 32 Paris agreement (OJ L 282, 19.10.2016, p. 4) and the United Nations Framework Convention on Climate Change, available at https://unfccc.int/resource/docs/convkp/con veng.pdf
Amendment 278 #
Proposal for a regulation
Recital 21
Recital 21
(21) In order to take into account the risk of supply of cobalt, lead, lithium and nickel and to assess their availability, 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 amendincreasing the targets for the minimum share of recycled cobalt, lead, lithium or nickel present in active materials in batteries.
Amendment 289 #
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, light means of transport batteries and for rechargeable industrial batteries.
Amendment 299 #
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26a) 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 should 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 300 #
Proposal for a regulation
Recital 26 b (new)
Recital 26 b (new)
(26b) In order to further reduce waste, the interoperability of batteries, of connectors and of chargers across product types should be promoted in product specific eco-design implementing legislation, and in the upcoming sustainable product policy. For light means of transport batteries, the adoption of a common charger solution should be considered.
Amendment 301 #
Proposal for a regulation
Recital 26 c (new)
Recital 26 c (new)
(26c) Electric vehicle batteries and industrial batteries should be repairable and replaceable by professional repairers. In order to ensure that electric vehicle batteries and industrial batteries are subject to proper treatment and high quality recycling once they have become waste, provisions to ensure their disassembly are necessary. Fastening techniques should not impair access to valuable raw materials in individual cells.
Amendment 302 #
Proposal for a regulation
Recital 26 d (new)
Recital 26 d (new)
(26d) In order to adapt to developments in recycling technologies and to technical and scientific progress in batteries and battery chemistries, while ensuring innovation in battery technologies is not harmed, 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 updating disassembly requirements for electric vehicle batteries and industrial batteries.
Amendment 305 #
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 307 #
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, light means of transport batteries, and automotive batteries should be marked with a label containing the information on their minimum average duration when used in specific applications and their expected lifetime. In order to allow consumers to differentiate between batteries of different qualities, portable batteries of general use should be marked with a colour-coded label containing information on their performance and durability. Additionally, it is important to guide the end-user to discard waste batteries in an appropriate way.
Amendment 312 #
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 and with relevant Union environment and social legislation, 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.
Amendment 313 #
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 nickelCobalt, 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 317 #
Proposal for a regulation
Recital 63
Recital 63
(63) The corporate responsibility to respect human rights, social rights, human health and the environment should apply to all operations throughout the entire value chain. Therefore, in view of the expected exponential growth in battery demand in the EU, and the economic operator that places a battery on the EU market should set up a supply chain due diligence policy. The requirements thereforefact that certain raw materials used in battery manufacturing carry particular risks, certain requirements for the due diligence process should be laid down, with the objective to address the social, human rights and environmental risks inherent in the extraction, processing and trading of certain raw materials for battery manufacturing purposes, the manufacturing process itself as well as all relevant downstream operations.
Amendment 321 #
Proposal for a regulation
Recital 65
Recital 65
(65) According to the OECD Due Diligence Guidancese standards45 , 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 conflict46 . Risk-based due diligence refers to the steps companies should take to identify and address actual or potential risks in order to prevent or, cease, 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 Representative 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 322 #
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 325 #
Proposal for a regulation
Recital 69 a (new)
Recital 69 a (new)
(69a) 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 330 #
Proposal for a regulation
Recital 81
Recital 81
(81) Considering the environmental impact and the loss of materials due to waste batteries not being separately collected, and consequently not treated in an environmentally sound way, the collection target for portable batteries already established under Directive 2006/66/EC should continue to apply and should be gradually increased. This Regulation entails that portable batteries also include batteries powering light means of transport. Since the current increase in sales of this type of batteries makes it difficult to calculate the amount of them that are placed in the market and collected at the end of their life, these portable batteries should be excluded from the current collection rate for portable batteries. This exclusion is to be reviewed along with the collection target for waste portable batteries, which may also address changes in the methodology to calculate the collection rate for portable batteries. The Commission shall prepare a report to underpin these reviewsIn order to maximise collection and reduce safety risks, Union-wide deposit return systems for certain battery types and chemistries should be considered. National deposit return systems should not prevent the introduction of a consumer-friendly harmonised Union-wide system.
Amendment 337 #
Proposal for a regulation
Recital 87
Recital 87
(87) It should only be possible to carry out treatment and recycling outside the Member State concerned or outside the Union, where the shipment of waste batteries is in compliance with Regulation (EC) No 1013/2006 of the European Parliament and of the Council58 and Commission Regulation (EC) No 1418/200759 and where the treatment and recycling activities meet the requirements applicable for this type of wastes, according to their classification in Commission Decision 2000/532/EC , as amended.60 That Decision, as amended, should be revised to reflect all battery chemistries. Where such treatment or recycling takes places outside the Union, in order to be counted towards the recycling efficiencies and targets, the operator for whose account it is carried out should be obliged to report on it to the competent authority of the respective Member State and to prove via independent verification that the treatment is carried out in conditions equivalent to those under this Regulation. In order to lay down what are the requirements for such treatment to be considered equivalent, 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 laying down detailed rules containing criteria for the assessment of equivalent conditions. __________________ 58 Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (OJ L 190, 12.7.2006, p. 1). 59Commission Regulation (EC) No 1418/2007 of 29 November 2007 concerning the export for recovery of certain waste listed in Annex III or IIIA to Regulation (EC) No 1013/2006 of the European Parliament and of the Council to certain countries to which the OECD Decision on the control of transboundary movements of wastes does not apply (OJ L 316, 4.12.2007, p. 6). 602000/532/EC: Commission Decision of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste, OJ L 226, 6.9.2000, p. 3.
Amendment 338 #
Proposal for a regulation
Recital 88
Recital 88
(88) Industrial and electric vehicle batteries 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. Batteries that are found to be suitable for use other than its original purpose should be repurposed. 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 340 #
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 341 #
Proposal for a regulation
Recital 100
Recital 100
(100) In order to establish the equivalence of due diligence schemes that have been developed by governments, industry associations and groupings of interested organisation, implementing powers should be conferred on the Commission. In order to ensure that the list of raw materials and the associated social and environmental risks are kept up-to- date, as well the consistency with the Conflict Minerals Regulation and the OECD Due Diligence in terms of obligations for economic operators, implementing powers should be conferred on the Commission.
Amendment 342 #
Proposal for a regulation
Recital 101
Recital 101
Amendment 343 #
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 should develop harmonised criteria in this regard to facilitate harmonised enforcement across the Union.
Amendment 344 #
Proposal for a regulation
Recital 110
Recital 110
(110) Since the objective of this Regulation, namely to guarantee the functioning of the internal market while ensuringe that batteries placed on the market fulfil the requirementas well as the operations linked to waste batteries providing for a high level of protection of human health, safety, property and the environment, cannot be sufficiently achieved by the Member States but can rather, by reason of the need for harmonisation,efore be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective,
Amendment 412 #
Proposal for a regulation
Article 2 – paragraph 1 – point 36
Article 2 – paragraph 1 – point 36
(36) ‘supplyvalue 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 supply chain, i.e. sourcing, processing and trading of the raw materials required for battery manufacturing, chemicals and secondary raw materials required for battery manufacturing , to its manufacturing operations and linked to all business relationships;
Amendment 417 #
Proposal for a regulation
Article 2 – paragraph 1 – point 41 – introductory part
Article 2 – paragraph 1 – point 41 – introductory part
(41) ‘hazardous substance’ means any substance which fulfils the criteria for any of the following hazard classes or categories set out in Annex I of Regulation (EC) No 1272/2008 of the European Parliament and of the Council67 : __________________ 67Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1)
Amendment 418 #
Proposal for a regulation
Article 2 – paragraph 1 – point 41 – point a
Article 2 – paragraph 1 – point 41 – point a
Amendment 419 #
Proposal for a regulation
Article 2 – paragraph 1 – point 41 – point b
Article 2 – paragraph 1 – point 41 – point b
Amendment 420 #
Proposal for a regulation
Article 2 – paragraph 1 – point 41 – point c
Article 2 – paragraph 1 – point 41 – point c
Amendment 421 #
Proposal for a regulation
Article 2 – paragraph 1 – point 41 – point d
Article 2 – paragraph 1 – point 41 – point d
Amendment 463 #
Proposal for a regulation
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5a. By 31 December 2025, the Commission, assisted by the European Chemicals Agency, shall systematically review hazardous substances in batteries to identify potential risks to human health or the environment. This assessment shall take into account the extent to which the use of a hazardous substance is necessary for health, safety or is critical for the functioning of society as well as the availability of suitable alternatives from the standpoint of environment and health. To that end, the Commission shall submit a report to the European Parliament and to the Council and consider taking the appropriate measures, including the adoption of delegated acts referred to in the second paragraph.
Amendment 465 #
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 (Horizontal amendment: the extension of the scope of carbon footprint requirements should apply throughout the text.)
Amendment 483 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – introductory part
Article 7 – paragraph 1 – subparagraph 1 – introductory part
1. Electric vehicle batteries, light means of transport 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 drawn up in accordance with the delegated act referred to in the second sub-paragraph and containing, at least, the following information:
Amendment 488 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point d a (new)
Article 7 – paragraph 1 – subparagraph 1 – point d a (new)
(da) the carbon footprint of the battery, expressed as kg of carbon dioxide equivalent per one kWh (kilowatt-hour) of the total energy provided over the service life by the battery system, measured in kWh
Amendment 501 #
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 electric vehicle batteries, light means of transport batteries and to rechargeable industrial batteries.
Amendment 512 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 3 – point a
Article 7 – paragraph 1 – subparagraph 3 – point a
(a) a delegated act in accordance with Article 73 to supplement this Regulation by establishing the methodology to calculate the total carbon footprint of the battery referred to in points (d) and (da), in accordance with the essential elements set out in Annex II, and its verification;
Amendment 519 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
Electric vehicle batteries, light means of transport batteries and rechargeable industrial batteries with internal storage and a capacity above 2 kWh shall bear a conspicuous, clearly legible and indelible label indicating the carbon footprint performance class that the individual battery corresponds toof the battery referred to in points (d) and (da) of paragraph 1 and the carbon footprint performance class that the individual battery corresponds to. In addition, this information shall be made available at the point of sale in a visible manner and online.
Amendment 533 #
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 2026 for electric vehicle batteries, light means of transport batteries and for rechargeable industrial batteries.
Amendment 546 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 4 – point b
Article 7 – paragraph 2 – subparagraph 4 – point b
(b) an implementing act establishing the formats for the labelling referred to in the first subparagraph and the format for the declaration on the carbon footprint performance class referred to in the second subparagraph. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 74(3), following consultation with consumer organisations and other interested parties.
Amendment 547 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 4 a (new)
Article 7 – paragraph 2 – subparagraph 4 a (new)
The labelling referred to in the first subparagraph shall be part of the review of Directive 1999/94/EC as referred to in Article 15(6) of Regulation 2019/631.
Amendment 555 #
Proposal for a regulation
Article 7 – paragraph 3 – introductory part
Article 7 – paragraph 3 – introductory part
3. Electric vehicle batteries, light means of transport batteries and rechargeable industrial batteries with internal storage and a capacity above 2 kWh shall, for each battery model and batch per manufacturing plant, be accompanied by technical documentation demonstrating that the declared life cycle carbon footprint value, is below the maximum threshold established in the delegated act adopted by the Commission pursuant to the third subparagraph.
Amendment 564 #
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 2027 6 for electric vehicle batteries, light means of transport batteries and for rechargeable industrial batteries.
Amendment 573 #
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 577 #
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 3
Article 7 – paragraph 3 – subparagraph 3
The introduction of aCommission shall be empowered to adopt delegated acts in accordance with Article 73 and the third subparagraph to amend the maximum life cycle carbon footprint threshold referred to in the first subparagraph based on the latest available data reported in accordance with paragraph 1 and until the threshold reaches 0g CO2e/kWh by 2050 at the latest. The amendment of the maximum life cycle carbon footprint threshold shall trigger, if necessary, a reclassification of the carbon footprint performance classes of the batteries referred to in paragraph 2. In preparing these delegated acts, the Commission shall take into account the relevant essential elements set out in Annex II.
Amendment 587 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. From 1 January 20274, industrial batteries, electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kWhbatteries 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 591 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
By 31 December 2025,2 the Commission shall adopt an implementing act: (a) a delegated act in accordance with Article 73 to supplement this Regulation by laying down the methodology for the calculation and verification of the amount of cobalt, lead, lithium or nickel recovered from post-consumption waste present in active materials in the batteries referred to in the first subparagraph and; (b) an implementing act laying down the format forand the technical documentation for the declaration on recovered materials. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 74(3).
Amendment 607 #
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. From 1 January 2030, industrial batteries, electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kWhbatteries that contain cobalt, lead, lithium or nickel in active materials shall be accompanied by technical documentation demonstrating that those batteries contain the following minimum share of cobalt, lead, lithium or nickel recovered from post-consumption waste present in active materials in each battery model and batch per manufacturing plant:
Amendment 634 #
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. From 1 January 2035, industrial batteries, electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kWhbatteries that contain cobalt, lead, lithium or nickel in active materials shall be accompanied by a technical documentation demonstrating that those batteries contain the following minimum share of cobalt, lead, lithium or nickel recovered from post-consumption waste present in active materials in each battery model and batch per manufacturing plant:
Amendment 650 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Where justified and appropriate due to the availability of cobalt, lead, lithium or nickel recovered from waste, or the lack thereofpost-consumption waste, the Commission shall be empowered to adopt, by 31 December 2027, a delegated act in accordance with Article 73, to amendincrease the targets laid down in paragraphs 2 and 3.
Amendment 653 #
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a) By 31 December 2030, the Commission shall assess whether, due to changes in battery technologies and in view of technical and scientific progress, it is appropriate to insert further raw materials and targets in the list laid down in paragraphs 2 and 3, and, where appropriate, submit a legislative proposal for that purpose.
Amendment 661 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a) From 1 January 2027 portable batteries shall be accompanied by technical documentation containing information about the electrochemical performance and durability parameters laid down in Annex III.
Amendment 665 #
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 73 to amenddd further the electrochemical performance and durability parameters laid down in Annex III in view of technical and scientific progress.
Amendment 697 #
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a) 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 713 #
Proposal for a regulation
Article 11 – title
Article 11 – title
Removability, replaceability and replaceairability of portable batteries and light means of transport batteries
Amendment 721 #
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 batteries shall be readily removable and replaceable by the end-user orand 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 728 #
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 similcompatible spare battery by end users and independent operators, without affecting the functioning or the performance of that appliance. The replacement shall be possible using basic tools, as defined in standard EN 45554:2020.
Amendment 737 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1 a (new)
Article 11 – paragraph 1 – subparagraph 1 a (new)
Portable batteries and light means of transport batteries 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 independent operators and end users.
Amendment 739 #
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 and light means of transport batteries shall be made available by the manufacturer, on paper with the new equipment, and permanently online on their website.
Amendment 740 #
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 portable batteries or light means of transport batteries or of their key components with another compatible battery or key components.
Amendment 741 #
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 by independent operators without destroying the battery.
Amendment 747 #
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
Amendment 750 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a) For products falling under the exemption in paragraph 2, it shall be clearly indicated at the point of sale that the device contains a non-replaceable battery.
Amendment 751 #
Proposal for a regulation
Article 11 – paragraph 2 b (new)
Article 11 – paragraph 2 b (new)
2b) The location of a battery in an appliance or light means of transport shall be indicated by a mark or label.
Amendment 756 #
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Amendment 759 #
Proposal for a regulation
Article 11 b (new)
Article 11 b (new)
Amendment 760 #
Proposal for a regulation
Article 11 c (new)
Article 11 c (new)
Article 11 c Common chargers By 31 December 2025, the Commission shall assess a common charger for light means of transport batteries, including interoperability of the charging port and fast charging technology and unbundling the sale of a charger from the sale of the means of transport. To that end, the Commission shall submit a report to the European Parliament and to the Council and consider taking the appropriate measures, including the adoption of legislative proposals.
Amendment 764 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. From 1 January 20274, batteries shall be marked with a label containing the information laid down in Part A of Annex VI.
Amendment 766 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. From 1 January 2027, portable batteries, light means of transport batteries and automotive batteries shall be marked with a label containing information on their real-life capacity and portable batteries and light means of transport batteries shall be marked with a label containing information on their minimum average duration when used in specific applications and the expected life-time (in number of cycles and calendar years).
Amendment 769 #
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a) From 1 January 2023 non- rechargeable portable batteries of general use shall be marked with a label indicating ‘non-rechargeable’ and instructions on their most efficient application.
Amendment 770 #
Proposal for a regulation
Article 13 – paragraph 2 b (new)
Article 13 – paragraph 2 b (new)
2b) From 1 January 2027, portable batteries of general use shall be marked with a colour coded label indicating their performance and durability. The Commission shall, by 31 December 2025, adopt a delegated act in accordance with Article 73 to supplement this Regulation by establishing a label for the performance and durability of portable batteries of general use, with category A being the best class with the highest performance and durability, and including a clear colour code, to allow for market differentiation. In preparing that delegated act, the Commission shall take into account the electrochemical performance and durability parameters set out in Annex III.
Amendment 777 #
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 3
Article 13 – paragraph 3 – subparagraph 3
Amendment 779 #
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 3 a (new)
Article 13 – paragraph 3 – subparagraph 3 a (new)
From 1 July 2023, batteries shall be labelled with a harmonised colour code based on the battery type and its chemical composition.
Amendment 785 #
Proposal for a regulation
Article 13 – paragraph 5 – point b a (new)
Article 13 – paragraph 5 – point b a (new)
(ba) from 1 January 2023, for portable batteries of general use the information referred to in paragraphs 2a;
Amendment 786 #
Proposal for a regulation
Article 13 – paragraph 5 – point b b (new)
Article 13 – paragraph 5 – point b b (new)
(bb) from 1 January 2027, for portable batteries of general use the information referred to in paragraphs 2b;
Amendment 809 #
Proposal for a regulation
Article 13 – paragraph 5 – point j a (new)
Article 13 – paragraph 5 – point j a (new)
(ja) from 1 January 2026, for industrial batteries, electric vehicle batteries and light means of transport batteries, access to the battery passport referred to in Article 65.
Amendment 811 #
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. Batteries of general use except button cells shall always bear the labels referred to in paragraphs 2, 3 and 3a. Battery modules and individual cells in battery packs shall bear the labels and QR code referred to in paragraphs 1, 3a, 4 and 5. When batteries are incorporated in appliances the labels and QR code referred to in paragraphs 1a, 2, 3 and 5 shall be printed or engraved visibly, legibly and indelibly on the appliances.
Amendment 820 #
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. The Commission shall, by 31 December 2025, adopt implementing acts to establish harmonised specifications for the labelling requirements referred to in paragraphs 1, 2 and 2a. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(3).
Amendment 824 #
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 kWhBatteries within stationary battery energy storage, electric vehicle batteries as well as light means of transport batteries shall include a battery management system containing data on the parameters for determining the state of health, safety and expected lifetime of batteries as laid down in Annex VII.
Amendment 847 #
Proposal for a regulation
Article 39 – title
Article 39 – title
Obligation for economic operators that place rechargeable industrial batteries and electric-vehicle batteries with internal storage and a capacity above 2 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 placing batteries on the market should apply throughout the text.)
Amendment 859 #
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 supply chain of raw materials indicated in Annex X, point 1for the manufacturing of batteries and their components, including raw materials and secondary raw materials indicated in Annex X, point 1, as well as with regard to chemicals that meet the requirements for classification pursuant to Regulation (EC) No 1272/2008;
Amendment 864 #
Proposal for a regulation
Article 39 – paragraph 2 – point a a (new)
Article 39 – paragraph 2 – point a a (new)
(aa) adopt, and clearly communicate to the public, a company policy for the manufacturing of batteries and all related business operations, including recycling and recovery;
Amendment 865 #
Proposal for a regulation
Article 39 – paragraph 2 – point b
Article 39 – paragraph 2 – point b
(b) incorporate in its supply chainvalue chain due 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 Rights and the OECD Guidelines for Multinational Enterprises in order to identify, prevent, address and mitigate adverse impacts; (Horizontal amendment that should apply throughout the text)
Amendment 870 #
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 supplyvalue chain, including a chain of custody or traceability system or the, identification of upying upstream and downstream actors in the supplyvalue chain.
Amendment 874 #
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) confirmation that the raw material does not stem from deep-seabed mining. The requirement in point (iv a) shall apply until such time as the effects of deep-sea mining on the marine environment, biodiversity and human activities at sea have been studied and researched sufficiently and deep seabed mining can be managed to ensure no marine biodiversity loss nor degradation of marine ecosystems.
Amendment 876 #
Proposal for a regulation
Article 39 – paragraph 2 – point d – subparagraph 2
Article 39 – paragraph 2 – point d – subparagraph 2
Amendment 883 #
Proposal for a regulation
Article 39 – paragraph 2 – point f
Article 39 – paragraph 2 – point f
(f) establish a grievance mechanism as an early-warning risk-awareness system and remediation mechanism for harm or provide such mechanisms through collaborative arrangements with other economic operators or organisations, or by facilitating recourse to an external expert or body, such as an ombudsman.
Amendment 886 #
Proposal for a regulation
Article 39 – paragraph 2 – point f a (new)
Article 39 – paragraph 2 – point f a (new)
(fa) 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 887 #
Proposal for a regulation
Article 39 – paragraph 3 – point a
Article 39 – paragraph 3 – point a
(a) identify and assess theall 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 892 #
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 897 #
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 influencestandards listed in Annex X, point 3a (new), and where necessary take steps to exert pressure on supplierbusiness relationships who can most effectively prevent or mitigate the identified risk;
Amendment 899 #
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 901 #
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 903 #
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 904 #
Proposal for a regulation
Article 39 – paragraph 4 – introductory part
Article 39 – paragraph 4 – introductory part
4. The economic operator referred to in paragraph 1 shall have their supplyvalue chain due diligence policies verified by a notified body (“third-party verification”)and processes supervised and verified by the relevant competent national authority.
Amendment 907 #
Proposal for a regulation
Article 39 – paragraph 4 – subparagraph 1 – introductory part
Article 39 – paragraph 4 – subparagraph 1 – introductory part
The third-party verification by athe relevant noatified bodonal authority shall:
Amendment 908 #
Proposal for a regulation
Article 39 – paragraph 4 – subparagraph 1 – point -a (new)
Article 39 – paragraph 4 – subparagraph 1 – point -a (new)
(-a) supervise whether economic operators comply with their due diligence requirements as set out in this Regulation;
Amendment 909 #
Proposal for a regulation
Article 39 – paragraph 4 – subparagraph 1 – point a
Article 39 – paragraph 4 – subparagraph 1 – point a
(a) include in its scopeupervision all activities, processes and systems used by economic operators to implement their supplyvalue chain due diligence requirements in accordance with paragraphs 2, 3 and 5;
Amendment 914 #
Proposal for a regulation
Article 39 – paragraph 4 – subparagraph 1 – point b
Article 39 – paragraph 4 – subparagraph 1 – point b
(b) have as its objective the determination of conformity of the supply chain due diligence practices of economic operators placing batteries on the market with paragraphs 2, 3 and 5, and where relevant, carry out checks and gather information from stakeholders, including potentially affected communities and relevant civil society organisations;
Amendment 917 #
Proposal for a regulation
Article 39 – paragraph 4 – subparagraph 1 – point d a (new)
Article 39 – paragraph 4 – subparagraph 1 – point d a (new)
(da) 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. Without prejudice to the general notion of irreparable harm, any form of child labour shall be considered to directly lead to irreparable harm.
Amendment 938 #
Proposal for a regulation
Article 39 – paragraph 7 a (new)
Article 39 – paragraph 7 a (new)
7a. Respecting due diligence obligations shall not absolve economic operators of any liability which it may incur pursuant to national law. Member States shall ensure that they have a liability regime in place under which economic operators can, in accordance with national law, be held liable and provide remediation for any harm arising out of potential or actual adverse impacts on human rights, the environment or good governance that they, or undertakings under their control, have caused or contributed to by acts or omissions. Member States shall ensure that their liability regime is such that economic operators that prove that they took all due care in line with this Regulation to avoid the harm in question, or that the harm would have occurred even if all due care had been taken, are not held liable for that harm. Member States shall ensure that the limitation period for bringing civil liability claims concerning harm arising out of adverse impacts on human rights and the environment is reasonable.
Amendment 942 #
Proposal for a regulation
Article 39 – paragraph 8 – point a a (new)
Article 39 – paragraph 8 – point a a (new)
(aa) Amend the list of international instruments in Annex X in view of international progress
Amendment 945 #
Proposal for a regulation
Article 39 – paragraph 8 a (new)
Article 39 – paragraph 8 a (new)
8a. The Commission shall, no later than [12months after the entry into force of the Regulation], adopt an implementing act establishing the format for the social and environmental risk categories indicated in Annex X, point 2. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 74(3).
Amendment 1016 #
Proposal for a regulation
Article 48 – paragraph 12 a (new)
Article 48 – paragraph 12 a (new)
12a. By 31 December 2025, the Commission shall assess EU wide deposit return systems for batteries. To that end, the Commission shall submit a report to the European Parliament and to the Council and consider taking appropriate measures, including the adoption of legislative proposals. Member States, when implementing national deposit return systems for batteries, shall notify the Commission of those measures. National deposit return systems shall not prevent the adoption of a harmonised Union-wide system.
Amendment 1074 #
Proposal for a regulation
Article 55 – paragraph 3
Article 55 – paragraph 3
3. The Commission shall, by 31 December 2030, review the target laid down in paragraph 1(c) and, as part of that review consider the setting of a collection target for batteries powering light means of transport, in the light of the evolution of the market share, as a separate target or as part of a review of the target laid down in paragraph 1(c) and in Article 48(4 2(a). This review mayshall also consider introducing a calculation methodology for the calculation of the separate collection rate with a view to reflecting the quantity of waste batteries available for collection. To that end, the Commission shall submit a report to the European Parliament and the Council on the outcome of the review accompanied, if appropriate, by a legislative proposal.
Amendment 1084 #
Proposal for a regulation
Article 57 – paragraph 2
Article 57 – paragraph 2
2. Recyclers shall ensure that each recycling process shall achieve the minimum recycling efficiencies and the levels of recovered materials laid down, respectively, in Parts B and C of Annex XII. Recyclers shall ensure that the minimum levels of recovered materials in Part C of the Annex are battery grade.
Amendment 1088 #
Proposal for a regulation
Article 57 – paragraph 4
Article 57 – paragraph 4
4. The Commission shall, by 31 December 2023, adopt an implementing act to delegated act in accordance with Article 73 to supplement this Regulation by establishing detailed rules regarding the calculation and verification of recycling efficiencies and recovery of materials. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(3).
Amendment 1091 #
Proposal for a regulation
Article 57 – paragraph 5
Article 57 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts, in accordance with Article 73, to amendincrease the minimum levels of recovered materials for waste batteries laid down in Annex XII, Parts B and C, in light of technical and scientific progress and emerging new technologies in waste management.
Amendment 1096 #
Proposal for a regulation
Article 58 – paragraph 2
Article 58 – paragraph 2
2. Waste batteries exported out of the Union in accordance with paragraph 1 shall only count towards the fulfilment of obligations, efficiencies and targets set out in Article 56 and Article 57 if the recycler or other waste holder exporting the waste batteries for treatment and recycling can prove that the treatment took place in occupational health, occupational safety and environmental conditions that are equivalent to the requirements of this Regulation.
Amendment 1097 #
Proposal for a regulation
Article 58 – paragraph 2 a (new)
Article 58 – paragraph 2 a (new)
2a. Equivalence as referred to in paragraph 2 may only be assumed when it has been certified following a site inspection by an independent verifier with appropriate qualifications. Such verification shall not be older than three years and shall take place no later than three months following significant changes in the operation of the treatment facility.
Amendment 1100 #
Proposal for a regulation
Article 58 – paragraph 3
Article 58 – paragraph 3
3. The Commission is empowered toshall adopt a delegated act, in accordance with Article 73, laying down detailed rules supplementing those in paragraph 2 of this Article, by laying down the criteria for the assessment of equivalent conditions no later than 1 July 2023.
Amendment 1110 #
Proposal for a regulation
Article 59 – paragraph 1 a (new)
Article 59 – paragraph 1 a (new)
1a. All used rechargeable industrial batteries and electric vehicle batteries with internal storage shall be assessed whether they are suitable for reuse, repurposing or remanufacturing. If the assessment shows that such batteries are suitable for reuse, they shall be reused. If the assessment shows that they are not suitable for reuse, but suitable for repurposing or remanufacturing, they shall be repurposed or remanufactured.
Amendment 1151 #
Proposal for a regulation
Article 62 – paragraph 1 – introductory part
Article 62 – paragraph 1 – introductory part
1. Member States shall make publicly available in an aggregated format for each calendar year the following data on portable batteries, light means of transport batteries, automotive batteries, industrial batteries and electric vehicle batteries according to battery types and their chemistries and, regarding portable batteries, identifying separately batteries powering light means of transport:
Amendment 1152 #
Proposal for a regulation
Article 62 – paragraph 1 – point b
Article 62 – paragraph 1 – point b
(b) the amount of waste batteries collected in accordance with Article 48, 48a and 49, calculated on the basis of the methodology set out in Annex XI and XIa;
Amendment 1157 #
Proposal for a regulation
Article 64 – paragraph 2
Article 64 – paragraph 2
2. The system shall contain the information and data on rechargeable industrial 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 1162 #
Proposal for a regulation
Article 64 – paragraph 5 – introductory part
Article 64 – paragraph 5 – introductory part
5. The Commission shall, by 31 December 2024, adopt implementing acts toa delegated act in accordance with Article 73 to supplement this Regulation by establishing:
Amendment 1163 #
Proposal for a regulation
Article 64 – paragraph 5 – subparagraph 1
Article 64 – paragraph 5 – subparagraph 1
Amendment 1167 #
Proposal for a regulation
Article 65 – paragraph 1
Article 65 – paragraph 1
1. By 1 January 2026, each industrial battery and, electric vehicle battery and light means of transport 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 1169 #
Proposal for a regulation
Article 65 – paragraph 3
Article 65 – paragraph 3
3. TFor industrial batteries and electric vehicle 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 1171 #
Proposal for a regulation
Article 65 – paragraph 3 a (new)
Article 65 – paragraph 3 a (new)
3a. For light means of transport batteries, the battery passport shall contain the information described in Article 13 (5) (a) to (d), (i) and (j), and updated information about the battery, linked to changes to its status.
Amendment 1172 #
Proposal for a regulation
Article 65 – paragraph 4
Article 65 – paragraph 4
4. The battery passport shall be accessible online, through electronic systems interoperable with the System established pursuant to Article 64, and via the QR code referred to in Article 13(5).
Amendment 1176 #
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 or the light means of transport battery on the market or that puts it into service.
Amendment 1178 #
Proposal for a regulation
Article 65 – paragraph 7 – introductory part
Article 65 – paragraph 7 – introductory part
7. The Commission is empowered to adopt implementdelegated acts ing actscordance with Article 73 to establish the rules for accessing, sharing, managing, exploring, publishing and reusing of the information and data accessible through the battery passport.
Amendment 1179 #
Proposal for a regulation
Article 65 – paragraph 7 – subparagraph 1
Article 65 – paragraph 7 – subparagraph 1
Amendment 1181 #
Proposal for a regulation
Article 66 – paragraph 1 – introductory part
Article 66 – paragraph 1 – introductory part
1. Where the mMarket surveillance authorities of one Member State have sufficient reason to believshall perform appropriate checks on the tchat a battery covered by this Regulation presents a risk to human health or safety of persons, to property or to the environment, they shall carry out an evaluation in relation to the battery concerned covering all relevant requirements laid down in this Regulracteristics of batteries made available online and offline on an adequate scale, by means of documentary checks and, where appropriate, physical and laboratory checks based on adequate samples, covering all relevant requirements laid down in this Regulation. Market surveillance authorities may send batteries to the Union testing facility referred to in Article 68a for such an evaluation.
Amendment 1182 #
Proposal for a regulation
Article 66 – paragraph 1 a (new)
Article 66 – paragraph 1 a (new)
1a. By [two years after the entry into force of this Regulation] the Commission shall adopt implementing acts 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. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(3).
Amendment 1183 #
Proposal for a regulation
Article 66 – paragraph 8 a (new)
Article 66 – paragraph 8 a (new)
8a. 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 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 by means of an implementing act. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 74(3).
Amendment 1185 #
Proposal for a regulation
Article 68 a (new)
Article 68 a (new)
Article 68a 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. 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 1186 #
Proposal for a regulation
Article 69 – paragraph 3 a (new)
Article 69 – paragraph 3 a (new)
3a. Member States shall cooperate in an enforcement network supporting each other in the infringement procedure in case of cross-border sales within the European Union.
Amendment 1188 #
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 theshall give preference to the most environmentally friendly batteries based on their entire life cycle with a view to ensure that such impacts of the batteries procured are kept to a minimum.
Amendment 1193 #
Proposal for a regulation
Article 71 – paragraph 3 a (new)
Article 71 – paragraph 3 a (new)
3a. If a Member State considers that manufacture of batteries, or the presence of a substance in the batteries when they are placed on the market, or during their subsequent life cycle stages, including the waste phase, poses a risk to human health or the environment that is not adequately controlled and needs to be addressed, it shall notify the Agency that it proposes to prepare a dossier which conforms to the requirements of a restriction dossier. If this dossier demonstrates that action on a Community-wide basis is necessary, beyond any measures already in place, the Member State shall submit it to the Agency in order to initiate the restrictions process.
Amendment 1194 #
Proposal for a regulation
Article 71 – paragraph 14 a (new)
Article 71 – paragraph 14 a (new)
14a. The Commission shall, within six months following the adoption of any revision of Title VIII, Chapter 2 of REACH, adopt a delegated act in accordance with Article 73 of this Regulation to align this Article with the corresponding provisions of REACH.
Amendment 1195 #
Proposal for a regulation
Article 72
Article 72
Amendment 1199 #
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. The criteria shall be at least cover the following types of infringements: – making false declarations during the conformity assessment procedures set out in Chapter IV and measures set out in Articles 66 and 68; – falsifying test results for conformity or for market surveillance; – withholding data or technical specifications that could lead to the recall of the battery or its components or to the refusal or withdrawal of the declaration of conformity.
Amendment 1205 #
Proposal for a regulation
Article 77 – paragraph 2 – point d a (new)
Article 77 – paragraph 2 – point d a (new)
(da) measures regarding the identification of economic operators set out in Article 45.
Amendment 1206 #
Proposal for a regulation
Article 77 – paragraph 2 – point d b (new)
Article 77 – paragraph 2 – point d b (new)
(db) overall compliance as well as penalties and sanctions at national level and their deterrent effect.
Amendment 1217 #
Proposal for a regulation
Annex I – table – row 3
Annex I – table – row 3
2. Cadmium 1. Portable batteries and light means of transport batteries, whether or not incorporated into appliances, shall not not contain more than 0,002% of cadmium (expressed as cadmium metal) by weight. CAS No. 7440-43-9 2. The restriction set out in point 1 shall not not apply tofor portable batteries intended for use in: use as spare parts in: EC No. 231-152-8 and its compounds (a) emergency and alarm systems, including emergency lighting; or (b) medical equipment. placed onto the market before [DATE - OJ insert date of application of the Regulation]. 3. Batteries used in vehicles to which Directive 2000/53/EC applies shall not contain more than 0,01% of cadmium (expressed as cadmium metal) by weight in homogeneous material. 4. The restriction set out in point 3 does not apply to vehicles that benefit from an exemption on the basis of Annex II to Directive 2000/53/EC.
Amendment 1218 #
Proposal for a regulation
Annex I – table – row 3 a (new)
Annex I – table – row 3 a (new)
2a. Lead Portable batteries, whether or not incorporated into appliances, shall not contain more than 0,01% of lead (expressed as lead metal) by weight. CAS No. 7439-92-1 EC No. 231-100-4 and its compounds
Amendment 1220 #
Proposal for a regulation
Annex II – point 2 – paragraph 2
Annex II – point 2 – paragraph 2
The harmonised calculation rules referred to in Article 7 shall build on the essential elements included in this Annex, be in compliance with the latest version of the Commission Product Environmental Footprint80 (PEF) method and relevant Product Environmental Footprint Category Rules (PEFCRs)81 and reflect the international agreements and technical/scientific progress in the area of life cycle assessment82 . The development and update of PEF methods and relevant PEFCRs shall be open and transparent. The Commission shall ensure adequate representation of civil society organisations, academia, and other interested parties. __________________ 80https://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:32013 H0179&from=EN 81 https://ec.europa.eu/environment/eussd/sm gp/pdf/PEFCR_guidance_v6.3.pdf 82See https://ec.europa.eu/environment/eussd/sm gp/dev_methods.htm
Amendment 1223 #
Proposal for a regulation
Annex II – point 2 a (new)
Annex II – point 2 a (new)
2a. Energy use and accounting When calculating the carbon intensity of the energy used across the different battery life cycle stages and processes as listed in paragraph 4, average carbon emissions data of the country where the specific activity or process took place shall be used. Lower emission factors shall only be used where the economic actor can reliably demonstrate that their individual processes or energy supply are less carbon intensive than the country average. This shall be demonstrated via a direct connection to a renewable or lower carbon energy source or a contract demonstrating a temporal (in real time or at least every hour) and geographical link between the energy supply and the use by the economic operator.
Amendment 1229 #
Proposal for a regulation
Annex II – point 4 – paragraph 1 – table – row 2
Annex II – point 4 – paragraph 1 – table – row 2
Raw material acquisition and pre- Includes mining and pre-processing, up to processingand processing transport of all raw and active materials, up to the manufacturing of battery cells and batteries components (active materials, separator, electrolyte, casings, active and passive battery components), and electric/electronics components.
Amendment 1230 #
Proposal for a regulation
Annex II – point 4 – paragraph 1 – table – row 3
Annex II – point 4 – paragraph 1 – table – row 3
Main product production Assembly of battery cells and assembly of batteries with the battery cells and the electric/electronic components . The following processes shall be excluded: Manufacturing of equipment for batteries assembly and recycling, as impacts have been calculated as negligible in the PEFCRs for high specific energy rechargeable batteries for mobile applications; Battery assembly process with the original equipment manufacturer (OEM) system components. It mainly corresponds to mechanical assembly, and it is included inside the OEM equipment or vehicle assembly line. The specific energy or material consumption for this process are negligible when compared to the manufacturing process of OEM components. The use phase should be excluded from the lifecycle carbon footprint calculations, as not being under the direct influence of manufacturers unless it is demonstrated that choices made by battery manufacturers at the design stage can make a non-negligible contribution to this impact.
Amendment 1241 #
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 including best available upstream and downstream production processes and the effective and potential contribution of this measure to the Union’s objectives on sustainable mobility and climate neutrality by 2050.
Amendment 1244 #
Proposal for a regulation
Annex III – point 1
Annex III – point 1
1. BReal-life battery capacity, electric chaenergey which a battery can delivers under a specific set ofreal- life conditions.
Amendment 1267 #
Proposal for a regulation
Annex IV – Part A – paragraph 1 – point 5
Annex IV – Part A – paragraph 1 – point 5
5. An indication of their eExpected life-time under the conditions for which they have been designed (in cycles and calendar years).
Amendment 1309 #
Proposal for a regulation
Annex VI – Part A – paragraph 1 – point 7
Annex VI – Part A – paragraph 1 – point 7
7. hazardous substances contained in the battery above a concentration of 0,1 % weight by weight other than mercury, cadmium or lead;
Amendment 1312 #
Proposal for a regulation
Annex VI – Part A – paragraph 1 – point 8
Annex VI – Part A – paragraph 1 – point 8
8. critical raw materials contained in the battery above a concentration of 0,1 % weight by weight.
Amendment 1320 #
Proposal for a regulation
Annex VI – Part C – paragraph 1
Annex VI – Part C – paragraph 1
The QR code shall be 100%in a colour with a high contrast compared to its blackground and of a size that is easily readable by a commonly available QR reader, such as those integrated in hand-held communication devices.
Amendment 1340 #
Proposal for a regulation
Annex X – point 1 – point a a (new)
Annex X – point 1 – point a a (new)
(aa) copper
Amendment 1344 #
Proposal for a regulation
Annex X – point 1 – point d a (new)
Annex X – point 1 – point d a (new)
(da) iron;
Amendment 1348 #
Proposal for a regulation
Annex X – point 1 – point d b (new)
Annex X – point 1 – point d b (new)
(db) bauxite;
Amendment 1373 #
Proposal for a regulation
Annex X – point 3 – point c a (new)
Annex X – point 3 – point c a (new)
(ca) The eight fundamental ILO Conventions as defined under the ILO Declaration on Fundamental Principles and Rights at Work
Amendment 1391 #
Proposal for a regulation
Annex X – point 3 a (new)
Annex X – point 3 a (new)
3a. The internationally recognized due diligence principles applicable to the due diligence established under Article 39 of this Regulation: (a) UN Guiding Principles for Businesses and Human Rights; (b) ILO Tripartite Declaration of Principles concerning Multinational Enterprises; (c) OECD Guidelines for Multinational Enterprises; (d) ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy; (e) OECD Due Diligence Guidance for Responsible Business Conduct.
Amendment 1410 #
Proposal for a regulation
Annex XII – Part B – point 1 – point a a (new)
Annex XII – Part B – point 1 – point a a (new)
(aa) recycling of 85 % by average weight of nickel-cadmium batteries;
Amendment 1413 #
Proposal for a regulation
Annex XII – Part B – point 1 – point c
Annex XII – Part B – point 1 – point c
(c) recycling of 560 % by average weight of other waste batteries.
Amendment 1420 #
Proposal for a regulation
Annex XII – Part C – point 1 – point a
Annex XII – Part C – point 1 – point a
(a) 905 % for cobalt;
Amendment 1423 #
Proposal for a regulation
Annex XII – Part C – point 1 – point c
Annex XII – Part C – point 1 – point c
(c) 905 % for lead;
Amendment 1426 #
Proposal for a regulation
Annex XII – Part C – point 1 – point e
Annex XII – Part C – point 1 – point e
(e) 905 % for nickel.
Amendment 1450 #
Proposal for a regulation
Annex XIII – point 1 – point r a (new)
Annex XIII – point 1 – point r a (new)
(ra) Status of the battery (first life, waste, repaired, repurposed, recycled)
Amendment 1451 #
Proposal for a regulation
Annex XIII – point 2 – introductory part
Annex XIII – point 2 – introductory part
2. REQUIREMENTS FOR THE PART OF THE SYSTEM ACCESSIBLE ONLY TO INDEPENDENT OPERATORS, ACCREDITED ECONOMIC OPERATORS AND THE COMMISSION
Amendment 1452 #
Proposal for a regulation
Annex XIII – point 2 – subheading 1
Annex XIII – point 2 – subheading 1
The part of the system that shall be accessible only to independent operators, accredited remanufacturers, second-life operators and recyclers shall contain: