Activities of Cornelia ERNST related to 2020/0353(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020
Amendments (35)
Amendment 65 #
Proposal for a regulation
Recital 60
Recital 60
(60) Some of the raw materials in question, such as antimony, cobalt, lithium and natural graphite, and other rare earths are considered as critical raw materials for the EU38 and their sustainable sourcing is required for the EU battery ecosystem to perform adequately. _________________ 38Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Critical Raw Materials Resilience: Charting a Path towards greater Security and Sustainability (COM(2020) 474 final).
Amendment 70 #
Proposal for a regulation
Recital 64
Recital 64
(64) When putting in place a risk-based due diligence policy, it should be based on internationally recognised due diligence principles in the Ten Principles of the United Nations Global Compact40 , the UN Guiding Principles on business and human rights40a, the Guidelines for Social Life Cycle Assessment of Products41 , the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy42 , and the OECD Due Diligence Guidance for Responsible Business Conduct (RBC)43 , which reflect a common understanding amongst governments and stakeholders, and should be tailored to the specific context and circumstances of each economic operator. In relation to the extraction, processing and trading of natural mineral resources used for battery production, the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict- Affected and High-Risk Areas44 (‘OECD Due Diligence Guidance’) represents a long-standing effort by governments and stakeholders to establish good practice in this area. _________________ 40 The Ten Principles of the UN Global Compact, available at https://www.unglobalcompact.org/what-is- gc/mission/principles 40aThe UN Guiding Principles on business and human rightshttps://www.ohchr.org/documents/p ublications/guidingprinciplesbusinesshr_e n.pdf 41UNEP Guidelines for social life cycle assessment of products, available at https://www.lifecycleinitiative.org/wp- content/uploads/2012/12/2009%20- %20Guidelines%20for%20sLCA%20- %20EN.pdf 42 Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, available at https://www.ilo.org/wcmsp5/groups/public /---ed_emp/---emp_ent/--- multi/documents/publication/wcms_09438 6.pdf 43OECD (2018), OECD Due Diligence Guidance for Responsible Business Conduct, available at http://mneguidelines.oecd.org/OECD-Due- Diligence-Guidance-for-Responsible- Business-Conduct.pdf 44OECD (2016), OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas: Third Edition, OECD Publishing, Paris, https://doi.org/10.1787/9789264252479-en.
Amendment 72 #
Proposal for a regulation
Recital 65
Recital 65
(65) According to the OECD Due Diligence Guidance45 , due diligence is an on-going, proactive and reactive process through which companies can ensure that they respect human rights and do not contribute to conflict.46 . Risk-based due diligence refers to the steps companies should take to identify and address actual or potential risks in order to prevent or mitigate adverse impacts associated with their activities or sourcing decisions 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. Due diligence requirements apply to any economic operator that places batteries on the European market including online platforms. _________________ 45 Page 15 of the OECD Due Diligence Guidance. 46OECD (2011), OECD Guidelines for Multinational Enterprises, OECD, Paris; OECD (2006), OECD Risk Awareness Tool for Multinational Enterprises in Weak Governance Zones, OECD, Paris; and, Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework (Report of the Special Represantative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and other Business Enterprises, John Ruggie, A/HRC/17/31, 21 March 2011).
Amendment 75 #
Proposal for a regulation
Recital 66
Recital 66
(66) Mandatory supply chain due diligence policies should be adopted or modified and address, at least, the most prevalent social and environmental risk categories, including substantiated enforcement and penalty mechanisms, as well as access justice and remedy for affected communities in case of misconduct. This should cover the current and foreseeable impacts, on one hand, on social life, in particular human rights, human health and safety as well as occupational health and safety and labour rights, and, on the other hand, on the environment, in particular on water use, soil protection, air pollution and biodiversity, including community life.
Amendment 93 #
Amendment 95 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘light means of transport’ means wheeled vehicles that have an electric motor of less than 750 watts, on which travellers are seated when the vehicle is moving and that can be powered by the electric motor alone or by a combination of motor and human power. For the purpose of this Regulation light means of transport are treated as portable batteries unless otherwise specified;
Amendment 122 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. From 1 January 2027, industrial batteries, electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 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 138 #
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 kWh that contain cobalt, lead, lithium or nickel in active materials shall be accompanied by technical documentation containing information about the exact chemistry used in the battery, as well as demonstrating that those batteries contain the following minimum share of cobalt, lead, lithium or nickel recovered from waste batteries present in active materials in each battery model and batch per manufacturing plant:
Amendment 154 #
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 kWh that contain cobalt, lead, lithium or nickel in active materials shall be accompanied by a technical documentation demonstrating that those batteries contain the following minimum share of cobalt, lead, lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant:
Amendment 155 #
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 kWh that contain cobalt, lead, lithium or nickel in active materials shall be accompanied by a technical documentation demonstrating that those batteries contain the following minimum share of cobalt, lead, lithium or nickel recovered from waste batteries present in active materials in each battery model and batch per manufacturing plant:
Amendment 161 #
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 thereof, in line with technical and scientific progress, the Commission shall be empowered to adopt, by 31 December 2027, a delegated act in accordance with Article 73, to amend the targets laid down in paragraphs 2 and 3.
Amendment 166 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. From 1 January 2027, portable batteries of general use shall meet the values for the electrochemical performance and durability parameters based on measured capacity set out in Annex III as laid down in the delegated act adopted by the Commission pursuant to paragraph 2.
Amendment 167 #
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. By 31 December 2025, the Commission shall adopt a delegated act in accordance with Article 73 to supplement this Regulation by establishing minimum values for the electrochemical performance and durability parameters based on measured capacity laid down in Annex III that portable batteries of general use shall attain.
Amendment 169 #
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
In preparing the delegated act referred to in the first subparagraph, the Commission shall consider the need to reduce the life cycle environmental impact of portable batteries of general use and take into consideration relevant international standards and labelling schemes. The Commission shall also ensure that the provisions laid down by that delegated act do not have a significant negative impact on the functionality of those batteries or the appliances into which those batteries are incorporated, the affordability and the cost for end-users and the industry’s competitiveness. No excessive administrative burden shall be imposed on manufacturers of the batteries and the appliances concernedaffordability and the cost for end- users.
Amendment 170 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. By 31 December 203025, the Commission shall assess the feasibility of measures to phase out the use of non- rechargeable portable batteries of general use in view of minimising their environmental impact based on the life cycle assessment methodology. The Commission shall assess incentives to reduce the use of non-rechargeable portable batteries of general use such as levies and deposit schemes. 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 198 #
Proposal for a regulation
Article 39 – title
Article 39 – title
39 Obligation for economic operators that place rechargeable industrial batteries and electric-vehicle batteries with internal storage and a capacity above 2 kWhincluding online platforms that place batteries on the market to establish supply chain due diligence policies
Amendment 202 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. As of [12 months after the entry into force of the Regulation] the economic operator that places rechargeable industrial batteries and electric-vehicle batteries with internal storage and a capacity above 2 kWhbatteries on the market shall comply with the supply chain due diligence obligations set out in paragraphs 2 to 5 of this Article and shall keep documentation demonstrating its respective compliance with those obligations, including the results of the third-party verification carried out by notified bodies.
Amendment 209 #
Proposal for a regulation
Article 39 – paragraph 2 – point b
Article 39 – paragraph 2 – point b
(b) incorporate in its supply chain policy standards consistent with the standards set out in the model supply chain policy in Annex II to the OECD Due Diligence Guidance and the UN Guiding Principles on business and human rights;
Amendment 218 #
Proposal for a regulation
Article 39 – paragraph 2 – point d – paragraph 2
Article 39 – paragraph 2 – point d – paragraph 2
The requirements set out in the current point (d) may be implemented through participation in industry-led schemes, if they can prove they meet all the requirements established under Art. 39, including third-party verification.
Amendment 220 #
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 or provide such mechanism including remedy for affected communities in case of misconduct, through collaborative arrangements with other economic operators or organisations, or by facilitating recourse to an external expert or body, such as an ombudsman.
Amendment 229 #
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 toin a clear and understandable manner to potentially affected groups and other relevant stakeholders including trade union representatives and senior management designated for this purpose and considering suspending or discontinuing engagement with a supplier after failed attempts at mitigation, based on relevant contractual arrangements in line with the second subparagraph to paragraph 2 above;
Amendment 241 #
Proposal for a regulation
Article 48 – paragraph 4 – introductory part
Article 48 – paragraph 4 – introductory part
4. Producers or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf, shall attain, and maintain durably, at least the following collection targets of waste portable batteries, calculated as percentages of the portable batteries, excluding batteries from light means of transport, made available on the market for the first time in a Member State by the respective producer or collectively by the producers covered by a producer responsibility organisation:
Amendment 246 #
Proposal for a regulation
Article 49 – paragraph 1 – subparagraph 1
Article 49 – paragraph 1 – subparagraph 1
Where waste industrial batteries require prior dismantling at the premises of private, non-commercial users, the obligation of the producer or, where appointed in accordance with Article 47(2), extended producer responsibility organisations, to take back those batteries shall include covering the costs of dismantling and collecting waste batteries at the premises of those users.
Amendment 251 #
Proposal for a regulation
Article 56 – paragraph 4 a (new)
Article 56 – paragraph 4 a (new)
4 a. An industrial battery, automotive battery or electric vehicle battery that is still adequate for reuse or repurposing after its initial use, shall be made available for reuse or repurposing before it is recycled.
Amendment 252 #
Proposal for a regulation
Article 57 – paragraph 1
Article 57 – paragraph 1
1. All waste batteries collected shall enter a preparation for reuse, repurposing, or when this is no longer possible a recycling process.
Amendment 256 #
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 establish detailed rules regarding the calculation and verification of recycling efficiencies and recovery of materials including other rare earths and critical raw materials not already listed in Annex XII. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(3).
Amendment 262 #
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 amend the list of materials and 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 264 #
Proposal for a regulation
Article 57 – paragraph 5 a (new)
Article 57 – paragraph 5 a (new)
5 a. The Commission shall, by 31 December 2023 assess the feasibility of an EU wide deposit schemes for different types of batteries in order to increase collection rates and achieve maximum levels of material recovery. 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.
Amendment 270 #
1. Independent operators shall be given access to the battery management system of rechargeable industrial batteries and electric vehicle batteries with internal storage with a capacity above 2 kWh, on equal terms and conditions, for the purpose of assessing and determining the state of health and remaining lifetime of batteries, according to the parameters laid down in Annex VII.
Amendment 290 #
Proposal for a regulation
Annex III – title
Annex III – title
Electrochemical performance and durability parameters for portable batteries of general use including non-rechargeable portable batteries of general use
Amendment 331 #
Proposal for a regulation
Annex XII – Part B – point 2 – point b a (new)
Annex XII – Part B – point 2 – point b a (new)
(b a) recycling of 70 % by average weight of other waste batteries.
Amendment 337 #
Proposal for a regulation
Annex XII – Part C – point 1 – point c a (new)
Annex XII – Part C – point 1 – point c a (new)
(c a) 90 % for antimony;
Amendment 338 #
Proposal for a regulation
Annex XII – Part C – point 1 – point d
Annex XII – Part C – point 1 – point d
(d) 3570 % for lithium;
Amendment 344 #
Proposal for a regulation
Annex XII – Part C – point 2 – point c a (new)
Annex XII – Part C – point 2 – point c a (new)
(c a) 95 % for antimony;
Amendment 345 #
Proposal for a regulation
Annex XII – Part C – point 2 – point d
Annex XII – Part C – point 2 – point d
(d) 790 % for lithium;