2020/0353(COD) Batteries and waste batteries
Next event: Decision by Parliament, 1st reading 2022/03/10 more...
Lead committee dossier:
Next event: Decision by Parliament, 1st reading 2022/03/10 more...
- Matter referred back to the committee responsible 2022/03/10
- Debate in Parliament 2022/03/09
Progress: Awaiting Parliament's position in 1st reading
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | ENVI |
VARIATI Achille ( S&D)
|
POLFJÄRD Jessica ( EPP),
KARLSBRO Karin ( Renew),
GIEGOLD Sven ( Verts/ALE),
LIMMER Sylvia ( ID),
VONDRA Alexandr ( ECR),
MODIG Silvia ( GUE/NGL)
|
| Committee Opinion | TRAN |
ERTUG Ismail ( S&D)
|
Jakop G. DALUNDE ( Verts/ALE),
Carlo FIDANZA ( ECR),
Elsi KATAINEN ( RE),
Kateřina KONEČNÁ ( GUE/NGL),
Luděk NIEDERMAYER ( PPE),
Julie LECHANTEUX ( ID)
|
| Committee Opinion | IMCO |
MANDERS Antonius ( EPP)
|
Kateřina KONEČNÁ ( GUE/NGL),
Anna CAVAZZINI ( Verts/ALE),
Claudia GAMON ( RE),
Eugen JURZYCA ( ECR),
Virginie JORON ( ID),
Adriana MALDONADO LÓPEZ ( S&D)
|
| Committee Opinion | ITRE |
TOIA Patrizia ( S&D)
|
Cornelia ERNST ( GUE/NGL),
Maria SPYRAKI ( PPE),
Thierry MARIANI ( ID),
Christophe GRUDLER ( RE),
Pietro FIOCCHI ( ECR),
Manuela RIPA ( Verts/ALE)
|
| Committee Legal Basis Opinion | JURI |
Lead committee dossier:
Legal Basis:
RoP 40, RoP 57, TFEU 114-p1
Legal Basis:
RoP 40, RoP 57, TFEU 114-p1Subjects
Events
2022/03/10
EP - Decision by Parliament, 1st reading
Details
The European Parliament adopted by 584 votes to 67, with 40 abstentions, amendments to the to 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.
The matter was referred back to the competent committee for inter-institutional negotiations.
The main amendments adopted in plenary concern the following points:
Subject matter and scope
The Regulation establishes requirements on environmental, economic and social sustainability , safety, labelling and information to allow the placing on the market or putting into service of batteries. It should lay down measures to protect the environment and human health by preventing and reducing the generation of waste batteries and the adverse impacts of the generation and management of such batteries, as well as by reducing the overall impacts of resource use and by improving the efficiency of such use.
The Regulation should apply to all batteries, namely portable batteries, light means of transport batteries (such as e-bikes and e-scooters), automotive batteries, electric vehicle batteries and industrial batteries, regardless of their shape, volume, weight, design, material composition, use or purpose. It should also apply to batteries incorporated in or added to other products.
Carbon footprint
Members backed proposed rules on a carbon footprint declaration and labelling , a maximum value for the life cycle carbon footprint, and minimum levels of cobalt, lead, lithium and nickel recovered from waste for reuse in new batteries.
Batteries for electric vehicles, batteries for light transport and industrial batteries should be visibly, legibly and indelibly labelled with the carbon footprint of the battery and the carbon footprint performance class to which each battery belongs. The carbon footprint performance class requirements would apply from 1 July 2025.
Removability and replaceability of portable batteries and batteries for light weight means of transport
By 1 January 2024 at the latest, portable batteries incorporated in appliances and batteries for light means of transport should be designed in such a manner that they can be readily and safely removed by qualified independent operators and replaced with basic and commonly available tools and without causing damage to the appliance or the batteries.
Clear and detailed instructions for removal and replacement should be provided by the relevant economic operator at the time of purchase of the appliance and, should be made available permanently online in an easily understandable way for end users, including consumers, on its website for the expected lifetime of the product.
Automotive batteries, industrial batteries and electric vehicle batteries shall be readily removable and replaceable, if the battery has a shorter lifetime than the appliance or vehicle it is used in, by qualified independent operators, which shall be able to discharge the battery safely and without prior disassembly of the battery pack.
Common chargers
By 1 January 2024, the Commission should assess how best to introduce harmonised standards for a common charger, to be applicable no later than 1 January 2026, for a variety of rechargeable batteries.
Labelling of batteries
Members proposed that:
- from 1 January 2027 , portable batteries, light means of transport batteries and automotive batteries should be marked with a label containing information on their nominal energy capacity and marked with a label containing information on their minimum average duration when used in specific applications and the expected lifetime in terms of number of cycles and calendar years;
- from 1 January 2023 , non-rechargeable portable batteries of general use should be marked with a label indicating ‘non-rechargeable’;
- from 1 July 2023 , batteries should be labelled with a symbol indicating a harmonised colour code based on the battery type and its chemical composition.
Obligation for economic operators to conduct value chain due diligence
Members believe that responsibility for respecting human rights, social rights, human health and the environment should apply to all manufacturing activities and other business relationships of an economic operator along the value chain.
Due diligence requirements for the battery value chain should be established to address the social and environmental risks inherent in the extraction, processing and trade of certain raw materials, chemicals and secondary raw materials for battery manufacturing, the treatment of battery waste, the manufacturing process itself and all other associated business relationships.
Waste management
Members called for more stringent collection targets for portable batteries (45% by 31 December 2023; 70% by 31 December 2025; 80 % by 31 December 2030). They also introduced minimum collection rates for batteries for light means of transport (75% by 2025 and 85% by 2030). All waste automotive, industrial and electric vehicle batteries must be collected.
All waste batteries collected should undergo preparation for reuse, preparation for repurposing or a recycling process, except batteries containing mercury, which shall be disposed of in a manner that does not entail any negative impacts on human health or the environment;
Union-wide deposit return systems for batteries
Members proposed that the 31 December 2025, the Commission should assess the feasibility and potential benefits of establishment of Union-wide deposit return systems for batteries, in particular for portable batteries of general use.
Documents
2022/03/10
EP - Matter referred back to the committee responsible
2022/03/09
EP - Debate in Parliament
Documents
2022/02/22
EP - Committee report tabled for plenary, 1st reading
Details
The Committee on the Environment, Public Health and Food Safety adopted the legislative report by Simona BONAFÈ (S&D, IT) 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.
As a reminder, the Commission presented the proposal for a regulation concerning batteries and waste batteries with the aim of strengthening the functioning of the internal market, promoting a circular economy and reducing environmental and social impacts throughout all stages of the battery life cycle. This proposal should overhaul current legislation to take into account technological developments and amended provisions in several areas, including the introduction of a new category of ‘batteries for ‘light means of transport’ (LMT)’, such as e-bikes.
The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
Subject matter
The amended Regulation establishes requirements on environmental, economic and social sustainability , safety, labelling and information to allow the placing on the market or putting into service of batteries. It should lay down measures to protect the environment and human health by preventing and reducing the generation of waste batteries and the adverse impacts of the generation and management of such batteries, as well as by reducing the overall impacts of resource use and by improving the efficiency of such use.
Scope
Members suggested that this Regulation should apply to all batteries, namely portable batteries, light means of transport batteries, automotive batteries, electric vehicle batteries and industrial batteries, regardless of their shape, volume, weight, design, material composition, use or purpose. It should also apply to batteries incorporated in or added to other products.
Carbon footprint and due diligence
Members stressed that compliance with the carbon footprint declaration, recycled content such as cobalt, lead, lithium and nickel from waste for reuse in new batteries, as well as human rights and battery value chain due diligence obligations should be fully ensured.
Removability and replaceability of portable batteries
The report stipulates that by 1 January 2024 portable batteries incorporated in appliances and batteries for light means of transport should be designed in such a manner that they can be readily and safely removed and replaced with basic and commonly available tools and without causing damage to the appliance or the batteries.
Clear and detailed instructions for removal and replacement should be provided by the relevant economic operator at the time of purchase of the appliance and, should be made available permanently online in an easily understandable way for end users, including consumers, on its website for the expected lifetime of the product.
Common chargers
By 1 January 2024, the Commission should assess how best to introduce harmonised standards for a common charger, to be applicable no later than 1 January 2026, for a variety of rechargeable batteries.
Labelling of batteries
Members proposed that:
- from 1 January 2027 , portable batteries, light means of transport batteries and automotive batteries should be marked with a label containing information on their nominal energy capacity and marked with a label containing information on their minimum average duration when
used in specific applications and the expected lifetime in terms of number of cycles and calendar years;
- from 1 January 2023 , non-rechargeable portable batteries of general use should be marked with a label indicating ‘ non-rechargeable ’;
- from 1 July 2023 , batteries should be labelled with a symbol indicating a harmonised colour code based on the battery type and its chemical composition .
Waste management
The report called for more stringent collection targets for portable batteries (70% by 2025, compared to the Commission’s original proposal of 65%; and 80% by 2030 instead of 70%). They also introduced minimum collection rates for batteries for light means of transport (75% by 2025 and 85% by 2030). All waste automotive, industrial and electric vehicle batteries must be collected.
All waste batteries collected should undergo preparation for reuse, preparation for repurposing or a recycling process, except batteries containing mercury, which shall be disposed of in a manner that does not entail any negative impacts on human health or the environment;
Union-wide deposit return systems for batteries
Members proposed that the 31 December 2025, the Commission should assess the feasibility and potential benefits of establishment of Union-wide deposit return systems for batteries, in particular for portable batteries of general use.
Union testing facility
Members called on the Commission to designate a Union testing facility specialised in batteries providing independent technical and scientific advice to the Commission.
National battery competence centres
Market surveillance authorities should agree with the organisations representing economic operators and research centres to set up a national battery competence centre in each Member State. These centres aim to carry out activities that have the aim of promoting compliance, identifying non-compliance, raising awareness and providing guidance and technical advice in relation to the requirements of this Regulation.
Penalties
By 1 January 2023, the Commission should develop harmonised criteria for effective, proportionate and dissuasive penalties and for compensation of damages to individuals.
Documents
2022/02/10
EP - Vote in committee, 1st reading
2021/12/09
EP - Committee opinion
Documents
2021/12/09
EP - Committee opinion
Documents
2021/10/26
EP - Amendments tabled in committee
Documents
2021/10/26
EP - Amendments tabled in committee
Documents
2021/10/26
EP - Amendments tabled in committee
Documents
2021/10/26
EP - Amendments tabled in committee
Documents
2021/10/01
EP - Committee draft report
Documents
2021/09/29
EP - Committee opinion
Documents
2021/05/20
EP - Referral to associated committees announced in Parliament
2021/03/10
PT_PARLIAMENT - Contribution
Documents
2021/03/01
EP - VARIATI Achille (S&D) appointed as rapporteur in ENVI
2021/02/24
EP - ERTUG Ismail (S&D) appointed as rapporteur in TRAN
2021/02/11
EP - MANDERS Antonius (EPP) appointed as rapporteur in IMCO
2021/01/19
EP - TOIA Patrizia (S&D) appointed as rapporteur in ITRE
2021/01/18
EP - Committee referral announced in Parliament, 1st reading
2020/12/10
EC - Legislative proposal
Details
PURPOSE: to modernise the EU's legislative framework on batteries and battery waste.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: a shift from the use of fossil fuels in vehicles to electromobility is one of the prerequisites for reaching the climate neutrality goal in 2050. Batteries are thus an important source of energy and one of the key enablers for sustainable development, green mobility, clean energy and climate neutrality.
The current regulatory framework, with Directive 2006/66/EC on batteries, only covers the end-of-life stage of batteries. There are currently no legal provisions in the EU that cover other aspects of the production and use phases of batteries, such as electrochemical performance and durability, GHG emissions, or responsible sourcing.
According to estimates from the World Economic Forum, there is a need to scale up global battery production by a factor of 19 to accelerate the transition to a low-carbon economy.
The Commission is therefore proposing to modernise EU legislation on batteries, implementing its first initiative among the measures announced in the new action plan for the circular economy .
In addition to the Commission’s work, both the Council and the Parliament have called for action to support the transition to electro-mobility, carbon-neutral energy storage, and a sustainable battery value chain.
CONTENT: this proposal introduces gradual requirements to minimise the carbon footprint throughout the life cycle of batteries. Its objective is three-fold:
1) to strengthen the functioning of the internal market (including products, processes, battery waste and recycled materials) by ensuring a level playing field through a common set of rules;
2) to promote a circular economy; and
3) reduce environmental and social impacts throughout all the stages of the battery life cycle
Minimum sustainability requirements
In order to encourage the production and placing on the EU market of high quality and efficient batteries, the proposed Regulation establishes requirements on sustainability, safety and labelling to allow the placing on the market and putting into service of batteries, as well as requirements for the collection, treatment and recycling of waste batteries. The Regulation would apply to all types of batteries, i.e. portable batteries, automotive batteries, electric vehicle batteries and industrial batteries.
The proposal also sets out requirements to ensure the proper functioning of the market for secondary raw materials while preventing and reducing the environmental impacts of the production and use of batteries, as well as their treatment (including recycling) at the end of the battery's life.
Carbon footprint of electric vehicle batteries and rechargeable industrial batteries
The proposal provides for the following:
- as of 1 July 2024, only industrial rechargeable batteries and electric vehicle batteries for which a carbon footprint statement has been drawn up could be placed on the market;
- as of 1 January 2026, batteries should be classified into carbon footprint performance classes;
- as of 1 July 2027, batteries should comply with maximum life-cycle carbon footprint thresholds;
- as of 1 January 2030, industrial and electric-vehicle batteries with internal storage should contain the following minimum share of recovered cobalt, lead, lithium or nickel from waste of the cobalt, lead, lithium or nickel present in active materials in those batteries: 12% cobalt; 85% lead, 4% lithium and 4% nickel;
- as of 1 January 2035, the minimum share of recovered cobalt, lithium or nickel should increase to 20% cobalt, 10% lithium and 12% nickel. For lead the minimum share shall stay at 85%.
Increasing the resilience of the EU battery supply chain by closing the materials loop
To close the loop and keep recovered materials used in batteries in the European economy for as long as possible, the Commission proposes to set new requirements and targets for the recycled content and the collection, treatment and recycling of batteries at the end of their life cycle.
The proposal sets collection rates for waste portable batteries to be achieved by Member States, excluding currently waste batteries from light means of transport. The collection rates should gradually increase so to ensure that by end 2025 65% of waste portable batteries are collected and by end 2030 70% of such batteries are collected.
The proposal also contains requirements for re-purposing and remanufacturing operations to give a second life to industrial and electric vehicle batteries. Persons carrying out the repurposing or remanufacturing of batteries should ensure that the examination, performance testing, packing and shipment of batteries and their components is carried out following adequate quality control and safety instructions.
Battery passports
By 1 January 2026 at the latest, a ‘passport’ should be created for batteries, with a view to enabling economic operators to collect and re-use information and data on each battery placed on the market more efficiently and to make better informed choices in their planning activities.
Budgetary implications
The proposal requires human and financial resources for the purchase of data and services. Some of the staff requirements are expected to be met under the existing allocations of the Commission, the Joint Research Centre (JRC) and the European Chemicals Agency (ECHA).
Documents
2020/12/10
EC - Document attached to the procedure
Documents
2020/12/10
EC - Document attached to the procedure
Documents
2020/12/10
EC - Document attached to the procedure
Documents
Documents
- Decision by Parliament, 1st reading: T9-0077/2022
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading: A9-0031/2022
- Committee opinion: PE689.857
- Committee opinion: PE695.236
- Amendments tabled in committee: PE699.086
- Amendments tabled in committee: PE699.087
- Amendments tabled in committee: PE699.187
- Amendments tabled in committee: PE699.188
- Committee draft report: PE696.435
- Committee opinion: PE692.744
- Contribution: COM(2020)0798
- Legislative proposal: COM(2020)0798
- Legislative proposal: EUR-Lex
- Document attached to the procedure: SEC(2020)0420
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2020)0334
- Document attached to the procedure: SWD(2020)0335
- Legislative proposal: COM(2020)0798 EUR-Lex
- Document attached to the procedure: SEC(2020)0420
- Document attached to the procedure: EUR-Lex SWD(2020)0334
- Document attached to the procedure: SWD(2020)0335
- Committee opinion: PE692.744
- Committee draft report: PE696.435
- Amendments tabled in committee: PE699.086
- Amendments tabled in committee: PE699.087
- Amendments tabled in committee: PE699.187
- Amendments tabled in committee: PE699.188
- Committee opinion: PE689.857
- Committee opinion: PE695.236
- Contribution: COM(2020)0798
Activities
- Maria ARENA
Plenary Speeches (0)
- Adam BIELAN
Plenary Speeches (0)
- Simona BONAFÈ
Plenary Speeches (0)
- Biljana BORZAN
Plenary Speeches (0)
- Dita CHARANZOVÁ
Plenary Speeches (0)
- Jakop G. DALUNDE
Plenary Speeches (0)
- Ismail ERTUG
Plenary Speeches (0)
- Eleonora EVI
Plenary Speeches (0)
- Carlo FIDANZA
Plenary Speeches (0)
- Jytte GUTELAND
Plenary Speeches (0)
- Heidi HAUTALA
Plenary Speeches (0)
- Elsi KATAINEN
Plenary Speeches (0)
- Seán KELLY
Plenary Speeches (0)
- Miapetra KUMPULA-NATRI
Plenary Speeches (0)
- Peter LIESE
Plenary Speeches (0)
- Antonius MANDERS
Plenary Speeches (0)
- Katarína ROTH NEVEĎALOVÁ
Plenary Speeches (0)
- Ljudmila NOVAK
Plenary Speeches (0)
- Pina PICIERNO
Plenary Speeches (0)
- Rovana PLUMB
Plenary Speeches (0)
- Stanislav POLČÁK
Plenary Speeches (0)
- Jiří POSPÍŠIL
Plenary Speeches (0)
- Christel SCHALDEMOSE
Plenary Speeches (0)
- Michaela ŠOJDROVÁ
Plenary Speeches (0)
- Maria SPYRAKI
Plenary Speeches (0)
- Patrizia TOIA
Plenary Speeches (0)
- Tiemo WÖLKEN
Plenary Speeches (0)
- Tomáš ZDECHOVSKÝ
Plenary Speeches (0)
- Robert HAJŠEL
Plenary Speeches (0)
- Anna CAVAZZINI
Plenary Speeches (0)
- Christophe GRUDLER
Plenary Speeches (0)
- Henrike HAHN
Plenary Speeches (0)
- Mauri PEKKARINEN
Plenary Speeches (0)
- Nicola PROCACCINI
Plenary Speeches (0)
- Susana SOLÍS PÉREZ
Plenary Speeches (0)
- Radan KANEV
Plenary Speeches (0)
- Karin KARLSBRO
Plenary Speeches (0)
- Sylvia LIMMER
Plenary Speeches (0)
- César LUENA
Plenary Speeches (0)
- Silvia MODIG
Plenary Speeches (0)
- Lídia PEREIRA
Plenary Speeches (0)
- Anna ZALEWSKA
Plenary Speeches (0)
- Martin HOJSÍK
Plenary Speeches (0)
- Erik BERGKVIST
Plenary Speeches (0)
- Julie LECHANTEUX
Plenary Speeches (0)
- Mario FURORE
Plenary Speeches (0)
- Adriana MALDONADO LÓPEZ
Plenary Speeches (0)
- Beata MAZUREK
Plenary Speeches (0)
- Katarina BARLEY
Plenary Speeches (0)
- Aurélia BEIGNEUX
Plenary Speeches (0)
- Hildegard BENTELE
Plenary Speeches (0)
- Delara BURKHARDT
Plenary Speeches (0)
- Ciarán CUFFE
Plenary Speeches (0)
- Jessica POLFJÄRD
Plenary Speeches (0)
- Günther SIDL
Plenary Speeches (0)
- Annika BRUNA
Plenary Speeches (0)
- Pernille WEISS
Plenary Speeches (0)
- Rob ROOKEN
Plenary Speeches (0)
- Sunčana GLAVAK
Plenary Speeches (0)
- Salvatore DE MEO
Plenary Speeches (0)
- Manuela RIPA
Plenary Speeches (0)
- Malte GALLÉE
Plenary Speeches (0)
- Achille VARIATI
Plenary Speeches (0)
| Amendments | Dossier |
| 2403 |
2020/0353(COD)
2021/06/09
ITRE
302 amendments...
Amendment 100 #
Proposal for a regulation Article 2 – paragraph 1 – point 22 (22) ‘battery management system’ means an electronic device that controls or manages the electric and thermal functions of the battery, that manages and stores the data on the parameters for determining the safety, the state of health and expected lifetime of batteries laid down in Annex VII and that communicates with the vehicle or appliance in which the battery is incorporated;
Amendment 101 #
Proposal for a regulation Article 2 – paragraph 1 – point 26 (26) ‘prep
Amendment 102 #
Proposal for a regulation Article 2 – paragraph 1 – point 26 a (new) (26 a) "remanufacturing" means any operation on a waste battery that consists of dismantling it into cells and reconstituting it into newly manufactured modules and batteries being used for the same purpose or application as the one that the battery was originally designed for;
Amendment 103 #
Proposal for a regulation Article 2 – paragraph 1 – point 36 (36) ‘
Amendment 104 #
Proposal for a regulation Article 7 – paragraph 1 – introductory part 1. Electric vehicle batteries and rechargeable industrial batteries with internal storage and a capacity above 2 kWh shall be accompanied by technical documentation that includes, for each battery model and batch per manufacturing plant, a carbon footprint declaration, which shall be based on the bill of material, the energy, and auxiliary materials used in a specific plant to produce a specific battery model, drawn up in accordance with the delegated act referred to in the second sub- paragraph and containing, at least, the following information:
Amendment 105 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 The carbon footprint declaration requirement in the first subparagraph shall apply as of 1 July 2024 to electric vehicle batteries and to rechargeable industrial batteries 18 months after the implementing act and the delegated act come into force, as set out in the following subparagraph.
Amendment 106 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 The carbon footprint declaration requirement in the first subparagraph shall apply as of 1 July 202
Amendment 107 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 2 – introductory part The Commission shall, no later than 1 July 202
Amendment 108 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 3 Following the establishment of the methodology referred to in point (a) of the second sub-paragraph, the Commission shall verify the dates laid down in this Article, and if found beyond what is achievable, shall adopt a delegated act in accordance with Article 73 to amend them. The Commission shall be empowered to adopt delegated acts in accordance with Article 73 to amend the information requirements set out in the first subparagraph.
Amendment 109 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 2 The carbon footprint performance class requirements in the first subparagraph shall apply
Amendment 110 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 2 The carbon footprint performance class requirements in the first subparagraph shall apply as of 1 January 202
Amendment 111 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 3 – introductory part The Commission shall, no later than 31 December 202
Amendment 112 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 3 – introductory part Amendment 113 #
Proposal for a regulation Article 7 – paragraph 3 – subparagraph 1 The requirement for a maximum life cycle carbon footprint threshold in the first subparagraph shall apply
Amendment 114 #
Proposal for a regulation Article 7 – paragraph 3 – subparagraph 1 The requirement for a maximum life cycle
Amendment 115 #
Proposal for a regulation Article 7 – paragraph 3 – subparagraph 2 The Commission shall, no later than 1 July 202
Amendment 116 #
Proposal for a regulation Article 8 – title Recycled content in
Amendment 117 #
Proposal for a regulation Article 8 – title Recycled content in
Amendment 118 #
Proposal for a regulation Article 8 – title 8 Recycled content in
Amendment 119 #
1. From 1 January 2027, industrial batteries, electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kWh, as well as portable batteries used in light means of transport and in other individual urban transport modes, 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 120 #
Proposal for a regulation Article 8 – paragraph 1 – introductory part 1. From 1 January 202
Amendment 121 #
Proposal for a regulation Article 8 – paragraph 1 – introductory part 1. From 1 January 2027,
Amendment 122 #
Proposal for a regulation Article 8 – paragraph 1 – introductory part 1. From 1 January 2027, industrial batteries, electric vehicle batteries and automotive batteries
Amendment 123 #
Proposal for a regulation Article 8 – paragraph 1 – introductory part 1. From 1 January 2027, all battery categories (e.g. industrial batteries, electric vehicle batteries and automotive batteries
Amendment 124 #
Proposal for a regulation Article 8 – paragraph 1 – introductory part 1. From 1 January 202
Amendment 125 #
Proposal for a regulation Article 8 – paragraph 1 – introductory part Amendment 126 #
Proposal for a regulation Article 8 – paragraph 1 – introductory part 1. From 1 January 2027, portable batteries, industrial batteries, electric vehicle batteries and automotive batteries
Amendment 127 #
Proposal for a regulation Article 8 – paragraph 1 – introductory part 1. From 1 January 2027,
Amendment 128 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 1 Amendment 129 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 1 By 31 December 202
Amendment 130 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 1 By 31 December 202
Amendment 131 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 1 a (new) The Commission shall, by 31 December 2025, put forward an evaluation of the current recycling technologies together with a projection of the number of batteries at the end of their life cycle in order to establish the percentage share of recycled content in batteries produced.
Amendment 132 #
Proposal for a regulation Article 8 – paragraph 2 Amendment 133 #
Proposal for a regulation Article 8 – paragraph 2 – introductory part Amendment 134 #
Proposal for a regulation 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
Amendment 135 #
Proposal for a regulation 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, as well as portable batteries used in light means of transport and in other individual urban transport modes, 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 waste present in active materials in each battery model and batch per manufacturing plant:
Amendment 136 #
Proposal for a regulation Article 8 – paragraph 2 – introductory part 2. From 1 January 20
Amendment 137 #
Proposal for a regulation Article 8 – paragraph 2 – introductory part 2. From 1 January 2030,
Amendment 138 #
Proposal for a regulation Article 8 – paragraph 2 – introductory part 2. From 1 January 2030, industrial batteries, electric vehicle batteries and automotive batteries
Amendment 139 #
Proposal for a regulation Article 8 – paragraph 2 – introductory part 2. From 1 January 2030, portable batteries, industrial batteries, electric vehicle batteries and automotive batteries
Amendment 140 #
Proposal for a regulation Article 8 – paragraph 2 – introductory part 2. From 1 January 2030,
Amendment 145 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1 (new) The Commission shall, no later than 18 months before Article 8 (2) enters into force, adopt a delegated act in accordance with the procedure referred to in Article 73 to amend the minimum share of cobalt, lead, lithium or nickel recovered from waste as established in Article 8(2) if the thresholds as established risk hampering the electrification of the EU and if the battery market has yet not reached a steady state to sufficiently recover volumes to meet the demand.
Amendment 146 #
Proposal for a regulation Article 8 – paragraph 2 a (new) 2 a. The amount of cobalt, lead, lithium or nickel recovered from waste should be maximized in electric vehicle batteries and stationary energy storage batteries placed on the EU market;
Amendment 147 #
Proposal for a regulation Article 8 – paragraph 2 a (new) (2a) The Commission shall adopt, by 31 December 2025, a delegated act setting out the values laid down in the first subparagraph.
Amendment 148 #
Proposal for a regulation Article 8 – paragraph 2 b (new) (2b) The Commission shall adopt, by 31 December 2025, a delegated act setting out the higher values which will enter into force by 1 January.
Amendment 149 #
Amendment 150 #
Proposal for a regulation Article 8 – paragraph 3 Amendment 151 #
Proposal for a regulation 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, as well as portable batteries used in light means of transport and in other individual urban transport modes, 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 152 #
Proposal for a regulation Article 8 – paragraph 3 – introductory part 3. From 1 January 203
Amendment 153 #
Proposal for a regulation Article 8 – paragraph 3 – introductory part 3. From 1 January 2035,
Amendment 154 #
Proposal for a regulation Article 8 – paragraph 3 – introductory part 3. From 1 January 2035, industrial batteries, electric vehicle batteries and automotive batteries
Amendment 155 #
Proposal for a regulation 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 156 #
Proposal for a regulation Article 8 – paragraph 3 – introductory part 3. From 1 January 2035, portable batteries, industrial batteries, electric vehicle batteries and automotive batteries
Amendment 157 #
Proposal for a regulation Article 8 – paragraph 3 – introductory part 3. From 1 January 2035,
Amendment 158 #
Proposal for a regulation Article 8 – paragraph 3 – subparagraph 1 (new) The Commission shall, no later than 18 months before Article 8 (3) enters into force, adopt a delegated act in accordance with the procedure referred to in Article 73 to amend the minimum share of cobalt, lead, lithium or nickel recovered from waste as established in Article 8(3) if the thresholds as established risk hampering the electrification and if the battery market has yet not reached a steady state to sufficiently recover volumes to meet the demand.
Amendment 159 #
Proposal for a regulation Article 8 – paragraph 4 4. Following the establishment of the methodology referred to in paragraph 1, the Commission shall verify the targets and the dates laid down in paragraphs 2 and 3 and, if found beyond what is achievable, be empowered to adopt a delegated act in accordance with Article 73, to amend them; Where justified and appropriate due to the availability of cobalt, lead, lithium or nickel recovered from waste, or the lack thereof, 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 160 #
Proposal for a regulation Article 8 – paragraph 4 4.
Amendment 161 #
Proposal for a regulation 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 162 #
Proposal for a regulation Article 8 – paragraph 4 4. Where justified and appropriate due to the availability of cobalt, lead, lithium or nickel recovered from post waste
Amendment 163 #
Proposal for a regulation Article 8 – paragraph 4 4.
Amendment 164 #
Proposal for a regulation Article 8 – paragraph 4 a (new) 4 a. In view of technical and scientific progress of battery chemistries and composition, the Commission is empowered to adopt delegated acts in accordance with Article 73 to amend the list of materials contained in paragraphs 1, 2, 3 and 4 where a minimum amount of recovered material from waste is needed from active materials in each battery model and batch per manufacturing plant.
Amendment 165 #
Proposal for a regulation Article 9 – title 9 Performance and durability requirements for portable batteries
Amendment 166 #
Proposal for a regulation Article 9 – paragraph 1 1. From 1 January 2027, portable batteries
Amendment 167 #
Proposal for a regulation 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
Amendment 168 #
Proposal for a regulation Article 9 – paragraph 2 – subparagraph 1 The Commission is empowered to adopt delegated acts in accordance with Article 73 to a
Amendment 169 #
Proposal for a regulation 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
Amendment 170 #
Proposal for a regulation Article 9 – paragraph 3 3. By 31 December 20
Amendment 171 #
Proposal for a regulation Article 10 – title Performance and durability requirements for
Amendment 172 #
Proposal for a regulation Article 10 – paragraph 1 – introductory part Amendment 173 #
Proposal for a regulation Article 10 – paragraph 1 – introductory part 1. From [12 months after entry into force of the Regulation],
Amendment 174 #
Proposal for a regulation Article 10 – paragraph 1 – introductory part 1. From [12 months after entry into force of the Regulation],
Amendment 175 #
Proposal for a regulation Article 10 – paragraph 1 – introductory part 1. From [12 months after entry into force of the Regulation],
Amendment 176 #
Proposal for a regulation Article 10 – paragraph 2 2. From 1 January 202
Amendment 177 #
Proposal for a regulation Article 10 – paragraph 2 2. From 1 January 2026,
Amendment 178 #
Proposal for a regulation Article 10 – paragraph 2 2. From 1 January 2026,
Amendment 179 #
Proposal for a regulation Article 10 – paragraph 2 a (new) 2 a. The Commission is empowered to adopt delegated acts in accordance with Article 73 to introduce electrochemical performance and durability parameters for electric vehicles batteries, as indicated by the UNECE Informal Working Group on Electric Vehicles and the Environment.
Amendment 180 #
Proposal for a regulation Article 10 – paragraph 3 – introductory part 3. By 31 December 2024, the Commission shall adopt a delegated act in accordance with Article 73 to supplement this Regulation by establishing minimum values for the electrochemical performance and durability parameters laid down in Part A of Annex IV that
Amendment 181 #
Proposal for a regulation Article 10 – paragraph 3 – introductory part 3. By 31 December 2024, the Commission shall adopt a delegated act in accordance with Article 73 to supplement this Regulation by establishing minimum values for the electrochemical performance and durability parameters laid down in Part A of Annex IV that
Amendment 182 #
Proposal for a regulation Article 10 – paragraph 3 – introductory part 3. By 31 December 2024, the Commission shall adopt a delegated act in accordance with Article 73 to supplement this Regulation by establishing minimum values for the electrochemical performance and durability parameters laid down in Part A of Annex IV that
Amendment 183 #
Proposal for a regulation Article 10 – paragraph 3 – subparagraph 1 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
Amendment 184 #
Proposal for a regulation Article 10 – paragraph 3 – subparagraph 1 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
Amendment 185 #
Proposal for a regulation Article 12 – paragraph 1 1. Stationary battery energy storage systems shall be accompanied by technical documentation demonstrating that they are
Amendment 186 #
Proposal for a regulation Article 14 – paragraph 1 Amendment 187 #
Amendment 188 #
Proposal for a regulation Article 14 – paragraph 1 1.
Amendment 189 #
Proposal for a regulation Article 14 – paragraph 1 1.
Amendment 190 #
Proposal for a regulation Article 14 – paragraph 1 1.
Amendment 191 #
Proposal for a regulation Article 14 – paragraph 3 3. The
Amendment 192 #
Proposal for a regulation Article 17 – paragraph 5 a (new) (5a) This provision shall apply for 18 months, after the Commission has published the list of notified bodies.
Amendment 193 #
Proposal for a regulation Article 18 – paragraph 3 a (new) (3a) This provision shall apply for 18 months, after the Commission has published the list of notified bodies.
Amendment 194 #
Proposal for a regulation Article 20 – paragraph 5 a (new) Amendment 195 #
Proposal for a regulation Article 39 – title 39 Obligation for economic operators that place rechargeable industrial batteries and electric-vehicle batteries with internal storage and a capacity above 2 kWh or portable batteries used in light means of transport and in other individual urban transport modes on the market to establish supply chain due diligence policies
Amendment 196 #
Proposal for a regulation Article 39 – title 39 Obligation for economic operators that place
Amendment 197 #
Proposal for a regulation Article 39 – title Obligation for economic operators that place
Amendment 198 #
Proposal for a regulation Article 39 – title 39 Obligation for economic operators
Amendment 199 #
Proposal for a regulation Article 39 – title 39 Obligation for economic operators that place
Amendment 200 #
Proposal for a regulation Article 39 – paragraph 1 1. As of [12 months after the entry into force of the Regulation] the economic operator that places
Amendment 201 #
Proposal for a regulation Article 39 – paragraph 1 1. As of [12 months after the entry into force of the Regulation] the economic operator that places
Amendment 202 #
Proposal for a regulation Article 39 – paragraph 1 1. As of [12 months after the entry into force of the Regulation] the economic operator that places
Amendment 203 #
Proposal for a regulation Article 39 – paragraph 1 1. As of [12 months after the entry into force of the Regulation] the economic operator that places
Amendment 204 #
Proposal for a regulation Article 39 – paragraph 1 1. As of [
Amendment 205 #
Proposal for a regulation Article 39 – paragraph 2 – point a (a) adopt, and clearly communicate to suppliers and the public, a company policy for the supply chain
Amendment 206 #
Proposal for a regulation Article 39 – paragraph 2 – point a a (new) (a a) adopt, and clearly communicate to the public, a company policy for the manufacturing of batteries and all related business operations;
Amendment 207 #
Proposal for a regulation Article 39 – paragraph 2 – point b (b) incorporate in its
Amendment 208 #
Proposal for a regulation Article 39 – paragraph 2 – point b (b) incorporate in its supply chain policy standards consistent with the standards set out in the model supply chain policy in Annex II to the OECD Due Diligence Guidance, the UN Guiding Principles on Business and Human Rights and OECD Guidelines for Multinational Enterprises;
Amendment 209 #
Proposal for a regulation 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 210 #
Proposal for a regulation 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
Amendment 211 #
Proposal for a regulation Article 39 – paragraph 2 – point c (c) structure its respective internal management systems to support
Amendment 212 #
Proposal for a regulation Article 39 – paragraph 2 – point d – introductory part (d) establish and operate a system of controls and transparency over the supply chain, including a chain of custody or traceability system
Amendment 213 #
Proposal for a regulation Article 39 – paragraph 2 – point d – paragraph 1 – introductory part Such a system shall be supported by documentation that provides at least the following information:
Amendment 214 #
Proposal for a regulation Article 39 – paragraph 2 – point d – paragraph 1 – point iii (iii) country of origin of the raw material
Amendment 215 #
Proposal for a regulation Article 39 – paragraph 2 – point d – paragraph 1 – point iv (iv) quantities of the raw material present in the battery models placed on the market, expressed in percentage or weight.
Amendment 216 #
Proposal for a regulation Article 39 – paragraph 2 – point d – paragraph 1 – point iv a (new) (iv a) any other relevant information for the purpose of the identification of risks listed in Annex X, Point 2.
Amendment 217 #
Proposal for a regulation Article 39 – paragraph 2 – point d – paragraph 2 Amendment 218 #
Proposal for a regulation 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 219 #
Proposal for a regulation Article 39 – paragraph 2 – point e (e) incorporate its
Amendment 220 #
Proposal for a regulation 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 221 #
Proposal for a regulation 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 222 #
Proposal for a regulation Article 39 – paragraph 2 – point f a (new) (f a) consult with potentially affected right holders and non-governmental organisations active in the field for the establishment of the grievance mechanism and report about this in a transparent manner;
Amendment 223 #
Proposal for a regulation Article 39 – paragraph 3 – point a (a) identify and assess the adverse impacts associated to the risk categories listed in Annex X, point 2, in its
Amendment 224 #
Proposal for a regulation Article 39 – paragraph 3 – point b – introductory part (b) implement a strategy to respond to the identified risks designed so as to prevent
Amendment 225 #
Proposal for a regulation Article 39 – paragraph 3 – point b – point i (i) reporting findings of the
Amendment 226 #
Proposal for a regulation Article 39 – paragraph 3 – point b – point ii (ii) adopting risk management measures consistent with Annex II to the OECD Due Diligence Guidance, the UN Guiding Principles on Business and Human Rights and OECD Guidelines for Multinational Enterprises, considering their ability to influence, and where necessary take steps to exert pressure on suppliers who can most
Amendment 227 #
Proposal for a regulation Article 39 – paragraph 3 – point b – point ii (ii) adopting risk management measures consistent with
Amendment 228 #
Proposal for a regulation Article 39 – paragraph 3 – point b – point ii (ii) adopting risk management measures consistent with
Amendment 229 #
Proposal for a regulation Article 39 – paragraph 3 – point b – point iii (iii) implementing the risk management plan, monitoring and tracking performance of risk mitigation efforts, reporting back
Amendment 230 #
Proposal for a regulation 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
Amendment 231 #
Proposal for a regulation Article 39 – paragraph 3 – subparagraph 1 I
Amendment 232 #
Proposal for a regulation 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
Amendment 233 #
Proposal for a regulation Article 39 – paragraph 3 a (new) 3 a. The economic operator referred to in paragraph 1 shall have their value chain due diligence policies and processes supervised and verified by the relevant competent national authority which shall: (a) supervise whether economic operators comply with their due diligence requirements as set out in this Regulation; (b) include in its supervision all activities, processes and systems used by economic operators to implement their value chain due diligence requirements in accordance with paragraphs 2, 3 and 5;as well as, where relevant, carry out checks on undertakings and interviews with affected or potentially affected stakeholders or their representatives; (c) have as its objective the determination of conformity of the value chain due diligence practices of economic operators placing batteries on the market with paragraphs 2, 3 and 5; (d) make recommendations to the economic operators that place batteries on the market on how to improve their supply chain due diligence practices; (e) respect the audit principles of independence, competence and accountability, as set out in the OECD Due Diligence Guidance; (f) may order the temporary suspension of activities or a ban on the operation in the internal market, if the failure to comply with this Regulation could directly lead to irreparable harm. (If this amendment is adopted, Article 39(4) of the Commission proposal should be deemed to be deleted.)
Amendment 234 #
Proposal for a regulation Article 39 – paragraph 4 – subparagraph 1 – point b (b) have as its objective the
Amendment 235 #
Proposal for a regulation Article 39 – paragraph 7 a (new) 7 a. 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 236 #
Proposal for a regulation Article 39 – paragraph 8 – point a a (new) (a a) Amend the list of international instruments in Annex X in view of international progress;
Amendment 237 #
Proposal for a regulation Article 39 – paragraph 8 – point b (b) amend the obligations on the economic operator referred to in paragraph 1 set out in paragraphs 2 to 4 in view of amendments to Regulation (EU) 2017/821 and changes to the due diligence recommendations set out in Annex I to the OECD Due Diligence Guidance, the UN Guiding Principles on Business and Human Rights and OECD Guidelines for Multinational Enterprises.
Amendment 238 #
Proposal for a regulation Article 39 – paragraph 8 – point b (b) amend the obligations on the economic operator referred to in paragraph 1 set out in paragraphs 2 to 4 in view of amendments to Regulation (EU) 2017/821 and changes to the due diligence recommendations set out in
Amendment 239 #
Proposal for a regulation Article 39 – paragraph 8 a (new) 8 a. The Commission shall, no later than [12 months 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 240 #
Proposal for a regulation Article 48 – paragraph 1 – point e a (new) (e a) in every Member State, a deposit refund system will be established for portable lithium batteries and accumulators with a size from 9 volt upwards.
Amendment 241 #
Proposal for a regulation 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
Amendment 242 #
Proposal for a regulation Article 48 – paragraph 4 – point a (a)
Amendment 243 #
Proposal for a regulation Article 48 – paragraph 4 – point b (b)
Amendment 244 #
Proposal for a regulation Article 48 – paragraph 4 – point c (c)
Amendment 245 #
Proposal for a regulation Article 48 – paragraph 4 a (new) 4 a. For batteries from light means of transport, producers or where appointed in accordance with Article 47(2), producers responsibility organisations acting on their behalf, shall attain and maintain durably, at least the following collection targets, calculated as percentages of the batteries for 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: (a) 40% by 31 December 2025; (b) 55% by 31 December 2030; (c) 70% by 31 December 2035.
Amendment 246 #
Proposal for a regulation 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 247 #
Proposal for a regulation Article 55 – paragraph 1 – point a (a)
Amendment 248 #
Proposal for a regulation Article 55 – paragraph 1 – point b (b)
Amendment 249 #
Proposal for a regulation Article 55 – paragraph 1 – point c (c)
Amendment 250 #
Proposal for a regulation Article 55 – paragraph 1 – point c a (new) (c a) For batteries from light means of transport, Member States shall achieve the following minimum collection targets: (a) 40% by 31 December 2025; (b) 55% by 31 December 2030; (c) 70% by 31 December 2035.
Amendment 251 #
Proposal for a regulation 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 1. All waste batteries collected shall enter a preparation for reuse, repurposing, or when this is no longer possible a recycling process.
Amendment 253 #
Proposal for a regulation Article 57 – paragraph 1 1. All waste batteries collected and that are not sent to repurposing or remanufacturing shall enter a recycling process.
Amendment 254 #
Proposal for a regulation Article 57 – paragraph 1 a (new) 1 a. All waste batteries shall be differentiated by a coloured mark in order to be better identified in the recycling process.
Amendment 255 #
Proposal for a regulation 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 256 #
Proposal for a regulation Article 57 – paragraph 4 4. The Commission shall, by 31 December 2023, adopt an implementing
Amendment 257 #
Proposal for a regulation Article 57 – paragraph 4 4. The Commission shall, by 31 December 2023, adopt an implementing act, based on an economic and environmental impact assessment, to establish detailed rules regarding the calculation and verification of recycling efficiencies and recovery of materials. Th
Amendment 258 #
Proposal for a regulation Article 57 – paragraph 4 4. The Commission shall, by 31 December 2023, adopt an implementing act to establish detailed rules, based on an economic and environmental impact assessment, regarding the calculation and verification of recycling efficiencies and recovery of materials.
Amendment 259 #
Proposal for a regulation Article 57 – paragraph 4 4. The Commission shall, by 31 December 2023, adopt a
Amendment 260 #
Proposal for a regulation Article 57 – paragraph 4 4. The Commission shall, by 31 December 202
Amendment 261 #
Proposal for a regulation Article 57 – paragraph 5 5.
Amendment 262 #
Proposal for a regulation 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 263 #
Proposal for a regulation Article 57 – paragraph 5 5. The Commission shall be empowered to adopt delegated acts, in accordance with Article 73, to
Amendment 264 #
Proposal for a regulation 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 265 #
Proposal for a regulation Article 57 – paragraph 5 a (new) 5 a. In order to enable proper sorting and reporting of lithium-ion batteries waste batteries the Decision 2000/532/EC establishing a list of wastes will be expanded to include codes for lithium-ion waste batteries.
Amendment 266 #
Proposal for a regulation Article 58 – paragraph 3 3. The Commission is empowered to 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, in order to implement a robust, effective certification system, including audit obligations, applicable to recyclers of waste batteries operating in and outside the EU.
Amendment 267 #
Proposal for a regulation Article 59 – title Requirements related to the repurposing and remanufacturing of
Amendment 268 #
Proposal for a regulation Article 59 – title Requirements related to the repurposing
Amendment 269 #
Proposal for a regulation Article 59 – paragraph 1 1.
Amendment 270 #
1. Independent operators shall be given access to the battery management system of rechargeable industrial batteries and electric vehicle batteries
Amendment 271 #
Proposal for a regulation Article 59 – paragraph 1 1. Independent operators shall be given access to the parameters laid down in Annex VII available in the battery management system of
Amendment 272 #
Proposal for a regulation Article 59 – paragraph 1 1. Independent operators shall be given access to the battery management system of
Amendment 273 #
Proposal for a regulation Article 59 – paragraph 1 a (new) 1 a. All used rechargeable industrial batteries and electric vehicle batteries with internal storage with a capacity above 2 kWh 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 274 #
Proposal for a regulation Article 59 – paragraph 2 2.
Amendment 275 #
Proposal for a regulation Article 59 – paragraph 2 2. Independent operators carrying out repurposing or remanufacturing operations shall be given adequate access on equal terms and conditions, to the information relevant for the handling and testing of
Amendment 276 #
3. Operators carrying out repurposing
Amendment 277 #
Proposal for a regulation Article 59 – paragraph 4 – introductory part 4. Operators carrying out repurposing
Amendment 278 #
Proposal for a regulation Article 59 – paragraph 4 – subparagraph 1 A battery that has been repurposed or remanufactured shall not be subject to the obligations laid down in Article 7(1), (2) and (3), Article 8(1), (2) and (3),
Amendment 279 #
Proposal for a regulation Article 59 – paragraph 4 – subparagraph 1 A battery that has been repurposed or remanufactured shall not be subject to the obligations laid down in Article 7(1), (2) and (3), Article 8(1), (2) and (3)
Amendment 280 #
Proposal for a regulation Article 59 – paragraph 5 – introductory part 5. In order to document that a waste battery, subject to a repurposing
Amendment 281 #
Proposal for a regulation Article 59 – paragraph 5 – point a (a) evidence of state of health evaluation or testing carried out in a Member State in the form of a copy of the record confirming the capability of the battery to deliver the performance relevant for its use following a repurposing
Amendment 282 #
Proposal for a regulation Article 59 – paragraph 5 – point b (b) further use of the battery that is subject to repurposing
Amendment 283 #
Proposal for a regulation Article 59 – paragraph 6 6. Information referred to in paragraph 4 and point (a) of paragraph 5 shall be made available to end users and third parties acting on their behalf, on equal terms and conditions, as part of the technical documentation accompanying the repurposed
Amendment 284 #
Proposal for a regulation 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 and without intruding on IP and property rights.
Amendment 285 #
Proposal for a regulation Article 65 – paragraph 7 – introductory part 7. The Commission is empowered to adopt implementing acts to establish the rules for accessing, sharing, managing, exploring, publishing and reusing of the information and data accessible through the battery passport without intruding on IP and property rights.
Amendment 286 #
Proposal for a regulation Article 72 – paragraph 1 1. Governments, industry associations and groupings of interested organisations that have developed and oversee due diligence schemes (“scheme owners”) or producers or a grouping of producers that participate in these schemes may apply to the Commission to have their supply chain due diligence schemes recognised by the Commission. The Commission is empowered to adopt implementing acts establishing the information requirements that the application to the Commission shall contain. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(3).
Amendment 287 #
Proposal for a regulation Article 73 – paragraph 3 3. The delegation of power referred to in Articles 6(2), 7(1), (2) and (3), 9(2), 10(3), 12(2), 17(4), 27(3), 39(8), 55(4), 56(4), 57(4) and (6), 58(3) and 70(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 288 #
Proposal for a regulation Annex II – point 2 – paragraph 3 The calculation of the life cycle carbon footprint shall be based on the bill of material, the energy, and auxiliary materials used in a specific plant to
Amendment 289 #
Proposal for a regulation Annex II – point 9 – paragraph 2 In proposing maximum carbon footprint thresholds, the Commission will take into account the relative distribution of the carbon footprint values in batteries on the market, the extent of progress in the reduction of carbon footprint of batteries placed on the Union market and the effective and potential contribution of this measure to the Union’s objectives on sustainable mobility and climate neutrality by 2050. Moreover, the Commission will take into account the technological and organisational options that economic operators in individual Member States can actually undertake to reduce their carbon footprint”.
Amendment 290 #
Proposal for a regulation Annex III – title Electrochemical performance and durability parameters for portable batteries of general use including non-rechargeable portable batteries of general use
Amendment 291 #
Proposal for a regulation Annex III – point 1 1.
Amendment 292 #
Proposal for a regulation Annex IV – title Electrochemical performance and durability requirements for rechargeable industrial batteries
Amendment 293 #
Proposal for a regulation Annex IV – Part A – paragraph 1 – point 5 5.
Amendment 294 #
Proposal for a regulation Annex V – point 6 – introductory part 6. Thermal propagation protection
Amendment 295 #
Proposal for a regulation Annex V – point 7 – introductory part 7. Mechanical damage
Amendment 296 #
Proposal for a regulation Annex V – point 7 – paragraph 1 These tests shall simulate one or more situations in which a battery is accidentally
Amendment 297 #
Proposal for a regulation Annex VI – Part A – paragraph 1 – point 6 a (new) 6 a. Real-life capacity
Amendment 298 #
Proposal for a regulation Annex VII – paragraph 1 – point 7 a (new) 7 a. Temperature history.
Amendment 303 #
Proposal for a regulation Annex X – point 2 – point a (a) air, including air pollution;
Amendment 304 #
Proposal for a regulation Annex X – point 2 – point b (b) water, including pollution and depletion of freshwater, drinking water, oceans and seas; access to drinking water;
Amendment 305 #
Proposal for a regulation Annex X – point 2 – point c (c) soil, including soil contamination from waste disposal and treatment;
Amendment 306 #
Proposal for a regulation Annex X – point 2 – point d (d) biodiversity, including deep-sea tailing placement (DSTP) practices;
Amendment 307 #
(d) biodiversity, including damage to natural habitats, wildlife, flora and ecosystems;
Amendment 308 #
Proposal for a regulation Annex X – point 2 – point d (d) biodiversity, including deep-sea tailing placement;
Amendment 309 #
Proposal for a regulation Annex X – point 2 – point d a (new) (d a) climate, including greenhouse gas emissions;
Amendment 310 #
(i) community life, including life of indigenous communities.
Amendment 311 #
Proposal for a regulation Annex X – point 2 – point i (i) community life
Amendment 312 #
Proposal for a regulation Annex X – point 3 – point a a (new) (a a) UN Guiding Principles on Business and Human Rights;
Amendment 313 #
Proposal for a regulation Annex X – point 3 – point c a (new) (c a) The eight fundamental ILO Conventions as defined under the ILO Declaration on Fundamental Principles and Rights at Work
Amendment 314 #
Proposal for a regulation Annex X – point 3 – point d (d) ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, and the fundamental conventions listed in Annex I of the Declaration;
Amendment 315 #
Proposal for a regulation Annex X – point 3 – point e (e) OECD Due Diligence Guidance for Responsible Business Conduct;
Amendment 316 #
Proposal for a regulation Annex X – point 3 – point f (f) OECD
Amendment 317 #
Proposal for a regulation Annex X – point 3 – point f (f) OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas
Amendment 318 #
Proposal for a regulation Annex X – point 3 – point f a (new) (f a) The UN Paris Agreement.
Amendment 319 #
Proposal for a regulation Annex X – point 3 – point f a (new) (f a) UN Guiding Principles on Business and Human Rights; and
Amendment 320 #
Proposal for a regulation Annex X – point 3 – point f b (new) (f b) OECD Guidelines for Multinational Enterprises.
Amendment 321 #
Proposal for a regulation Annex XII – Part A – point 4 a (new) 4 a. Mining waste treatment methods with negative impact on biodiversity and marine biodiversity, such as deep-sea tailing placements, should be avoided. Alternative methods should be promoted.
Amendment 322 #
Proposal for a regulation Annex XII – Part B – point 1 – introductory part 1. No later than
Amendment 323 #
Proposal for a regulation Annex XII – Part B – point 1 – introductory part 1. No later than 1 January 20
Amendment 324 #
Proposal for a regulation Annex XII – Part B – point 1 – introductory part 1. No later than 1 January 202
Amendment 325 #
Proposal for a regulation Annex XII – Part B – point 1 – point -a (new) (-a) recycling of 85 % by average weight of nickel-cadmium batteries;
Amendment 326 #
(b a) recycling of 75% by average weight of nickel-cadmium batteries;
Amendment 327 #
Proposal for a regulation Annex XII – Part B – point 1 – point c (c) recycling of
Amendment 328 #
Proposal for a regulation Annex XII – Part B – point 2 – introductory part 2. No later than
Amendment 329 #
Proposal for a regulation Annex XII – Part B – point 2 – point -a (new) (-a) recycling of 90 % by average weight of nickel-cadmium batteries;
Amendment 330 #
Proposal for a regulation Annex XII – Part B – point 2 – point b a (new) (b a) (c) recycling of 70 % by average weight of other waste batteries.
Amendment 331 #
Proposal for a regulation Annex XII – Part B – point 2 – point b a (new) (b a) recycling of 70 % by average weight of other waste batteries.
Amendment 332 #
Proposal for a regulation Annex XII – Part C – point 1 – introductory part 1. No later than
Amendment 333 #
Proposal for a regulation Annex XII – Part C – point 1 – introductory part 1. No later than 1 January 202
Amendment 334 #
Proposal for a regulation Annex XII – Part C – point 1 – introductory part 1. No later than 1 January 20
Amendment 335 #
Proposal for a regulation Annex XII – Part C – point 1 – point a (a) 9
Amendment 337 #
Proposal for a regulation 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 (d)
Amendment 339 #
Proposal for a regulation Annex XII – Part C – point 1 – point e (e) 9
Amendment 340 #
Proposal for a regulation Annex XII – Part C – point 1 – point e a (new) (e a) 95% for cadmium
Amendment 341 #
Proposal for a regulation Annex XII – Part C – point 1 – point e a (new) (e a) 95% for cadmium;
Amendment 342 #
Proposal for a regulation Annex XII – Part C – point 2 – introductory part 2. No later than
Amendment 343 #
Proposal for a regulation Annex XII – Part C – point 2 – introductory part 2.
Amendment 344 #
Proposal for a regulation 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 (d)
Amendment 346 #
Proposal for a regulation Annex XII – Part C – point 2 – point e a (new) (e a) 95% for cadmium;
Amendment 347 #
Proposal for a regulation Annex XIII – point 1 – point c (c) General description of the model, sufficient for it to be unequivocally and easily identified without intruding on IP and property rights, including the date of placing in the market;
Amendment 348 #
Proposal for a regulation Annex XIII – point 1 – point e (e)
Amendment 349 #
Proposal for a regulation Annex XIII – point 2 – point a (a)
Amendment 350 #
Proposal for a regulation Annex XIII – point 2 – point b (b)
Amendment 351 #
Proposal for a regulation Annex XIII – point 2 – point c – indent 1 Amendment 352 #
Proposal for a regulation Annex XIII – point 2 – point c – indent 6 Amendment 51 #
Proposal for a regulation Recital 1 a (new) (1 a) However, a transition to e-mobility with the purpose to reduce the emissions of carbon dioxide requires fossil-free production of electricity.
Amendment 52 #
Proposal for a regulation Recital 2 (2) Batteries are thus an important
Amendment 53 #
Proposal for a regulation Recital 12 (12) Within the Regulation’s wide scope, it is appropriate to distinguish between different categories of batteries in accordance with their design and use, independent of the battery chemistry. The classification into portable batteries, on one hand, and industrial batteries and automotive batteries on the other hand under Directive 2006/66/EC should be further developed to better reflect new developments in the use of batteries. Batteries that are used for traction in electric vehicles and which under Directive 2006/66/EC fall in the category of industrial batteries, constitute a large and growing part of the market due to the quick growth of electric road transport vehicles. It is therefore appropriate to classify those batteries that are used for traction in road vehicles as a new category of electric vehicle batteries. Batteries used for traction in other transport vehicles including rail, waterborne and aviation transport, continue to fall under the category of industrial batteries under this Regulation. The industrial battery type encompasses a broad group of batteries, intended to be used for industrial activities, communication infrastructure, agricultural activities or generation and distribution of electric energy. In addition to this non exhaustive list of examples, any battery that is neither a portable battery nor an automotive battery nor an electric vehicle battery should be considered an industrial battery.
Amendment 54 #
Proposal for a regulation Recital 19 (19) Certain substances contained in batteries, such as cobalt, lead, lithium or nickel, are acquired from scarce resources which are not easily available in the Union, and some are considered critical raw materials by the Commission. This is an area where Europe needs to enhance its strategic autonomy and increase its resilience in preparation for potential disruptions in supply due to health or other crises. Enhancing circularity and resource efficiency with increased recycling and recovery of those raw materials, will contribute to reaching that goal. Furthermore, the European Union must not impose any bureaucratic procedures or other obstacles that would complicate the opening of new extraction sites for the above mentioned metals in the Member States.
Amendment 55 #
Proposal for a regulation Recital 19 (19) Certain substances contained in batteries, such as cobalt, lead, lithium or nickel, are acquired from scarce resources which are not easily available in the Union, and some are considered critical raw materials by the Commission.
Amendment 56 #
Proposal for a regulation Recital 19 a (new) (19 a) Notes that extraction of raw materials often takes place in insecure and politically unstable countries. Highlights, that this is especially the case with cobalt, of which around 70% of the current global production derives from Congo-Kinshasa, where working conditions are extremely poor. Emphasises therefore, that efforts within the EU to reduce CO2 emissions must not be connected with child labour, slave labour or excessive environmental pollution, nor contribute to financing armed conflicts.
Amendment 57 #
Proposal for a regulation Recital 20 (20) The increased use of recovered materials would support the development of the circular economy and allow a more resource-efficient use of materials, while reducing Union dependency on materials from third countries. For batteries, this is particularly relevant for cobalt, lead, lithium and nickel. Therefore, it is necessary to promote the recovery of such materials from waste, establishing a requirement on the level of recycled content in batteries using cobalt, lead, lithium and nickel in active materials. This Regulation sets mandatory recycled content targets for cobalt, lead, lithium and nickel and which should be met by 20
Amendment 58 #
Proposal for a regulation 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 amending the targets for the minimum share of recycled cobalt, lead, lithium or nickel present in active materials in batteries within the frames of what is technically and economically feasible.
Amendment 59 #
Proposal for a regulation 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
Amendment 60 #
Proposal for a regulation Recital 27 (27) Reliable batteries are fundamental for the operation and safety of many products, appliances and services. Therefore, batteries should be designed and manufactured to ensure their safe operation and use. This aspect is particularly relevant for stationary battery energy storage systems, which are currently not covered by other Union legislation. Parameters to be considered in safety tests should therefore be laid down for those energy storage systems. Furthermore, given the steadily increasing energy density in lithium-based batteries and accumulators, fire incidents endangering humans and the environment have been increasing and hampering the circular economy. To ensure safe end-of-life treatment and avoid dangerous disposal, a European deposit refund scheme shall be put in place one year after the entry into force of this Regulation. Assigning a value to batteries and waste batteries is required to avoid risks that result from incorrect disposal, in particular fire incidents endangering humans and the environment.
Amendment 61 #
Proposal for a regulation Recital 56 (56) Distributors and importers, being close to the market place, should be involved in market surveillance tasks carried out by the national authorities, and should be prepared to participate actively, providing those authorities with all necessary information relating to the battery concerned, including the country of origin of key components, such as cobalt and lithium.
Amendment 62 #
Proposal for a regulation Recital 59 (59) Only few countries supply those materials and, in some cases, low standards of governance may exacerbate environmental and social problems. Both cobalt and nickel 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
Amendment 63 #
Proposal for a regulation Recital 59 (59) Only few countries supply those materials and, in some cases, low standards of governance may exacerbate environmental and social problems.
Amendment 64 #
Proposal for a regulation Recital 60 (60) Some of the raw materials in question, such as cobalt, lithium and natural graphite, are considered as critical raw materials for the EU38 and their sustainable sourcing is required for the EU battery ecosystem to perform adequately. The EU must also take measures to build secondary critical raw materials markets in order to guarantee constant secondary critical raw material flows. _________________ 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 65 #
Proposal for a regulation Recital 60 (60) Some of the raw materials in question, such as antimony, cobalt, lithium
Amendment 66 #
Proposal for a regulation Recital 62 (62) The United Nations Guiding Principles on Business and Human Rights stipulate that economic operators should carry out due diligence as a means to meet their corporate responsibility with respect to human rights. In the Union, general requirements on due diligence in relation to certain minerals and metals were introduced by Regulation (EU) No 2017/821 of the European Parliament and of the Council39 . That Regulation does not, however, address the minerals and materials used for battery production. _________________ 39Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017 laying down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas (OJ L 130, 19.5.2017, p. 1)
Amendment 67 #
Proposal for a regulation Recital 63 (63) The
Amendment 68 #
Proposal for a regulation Recital 64 (64) When
Amendment 69 #
Proposal for a regulation Recital 64 (64) When putting in place a risk-based due diligence policy, it should be based on internationally recognised due diligence
Amendment 70 #
Proposal for a regulation 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
Amendment 71 #
Proposal for a regulation Recital 65 (65) According to the
Amendment 72 #
Proposal for a regulation 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
Amendment 73 #
Proposal for a regulation Recital 65 (65) According to the
Amendment 74 #
Proposal for a regulation Recital 65 a (new) (65 a) While private sector chain due diligence schemes can support economic operators in their due diligence, economic operators retain individual responsibility to comply with the due diligence obligations set out in this Regulation.
Amendment 75 #
Proposal for a regulation Recital 66 (66) Mandatory supply chain due diligence policies should be adopted or
Amendment 76 #
Proposal for a regulation Recital 66 (66) Mandatory
Amendment 77 #
Proposal for a regulation Recital 66 (66) Mandatory supply chain due diligence policies should be adopted or modified and address, at least, the most prevalent human rights, 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 and biodiversity, including community life.
Amendment 78 #
Proposal for a regulation Recital 67 (67) As regards the social risk categories, due diligence policies should address the risks in the battery supply chain in relation to the protection of human rights, including human health, rights of indigenous people, protection of children and gender equality, in line with international human rights law47 . The due diligence policies should include information on how the economic operator has contributed to the prevention of human rights abuses and on the instruments in place with the operator’s business structure to fight corruption and bribery. The due diligence policies should also ensure correct implementation of the rules of fundamental conventions of the
Amendment 79 #
Proposal for a regulation Recital 67 (67) As regards the social risk categories, due diligence policies should address the risks in the battery supply chain in relation to the protection of human rights, including human health, rights of indigenous people, protection of children and gender equality, in line
Amendment 80 #
Proposal for a regulation Recital 68 (68) As regards the environmental risk categories, the due diligence policies should address the risks in the battery supply chain in relation to protection of the natural environment, the climate in line with the UN Paris Agreement and of the biological diversity in line with the Convention on Biological Diversity49 , which includes also the consideration of local communities, and the protection and the development of those communities. _________________ 49 Such as set out in the Convention on biological diversity, available at https://www.cbd.int/convention/text/ and, in particular, Decision COP VIII/28 “Voluntary guidelines on Biodiversity- Inclusive impact assessment, available at https://www.cbd.int/decision/cop/?id=1104 2.
Amendment 81 #
Proposal for a regulation Recital 69 (69) The
Amendment 82 #
Proposal for a regulation Recital 69 a (new) (69 a) Even when due diligence has been carried out, harm might occur. Economic operators should actively engage in remediation for such harm, by itself or in cooperation with other actors. They should be liable for adverse impact they or the entities they control or are able to control caused or contributed to. Those adversely impacted should be entitled to remediation and should be provided access to justice.
Amendment 83 #
Proposal for a regulation Recital 70 (70) Other EU legislative instruments that lay down requirements regarding
Amendment 84 #
Proposal for a regulation Recital 71 (71) In order to adapt to developments in the battery value chain, including to changes in the scope and nature of the relevant environmental and social risks, as well as to technical and scientific progress in batteries and battery chemistries, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the list of raw materials and risk categories and the
Amendment 85 #
Proposal for a regulation Recital 80 (80) Batteries may be collected together with waste electrical and electronic equipment, by way of national collection schemes set up on the basis of Directive 2012/19/EU and with end-of-life vehicles in accordance with Directive 2000/53/EC. In this case, as an obligatory minimum treatment requirement, batteries should be removed from the collected waste appliances and end-of-life vehicles. It is necessary to ensure that all batteries are removed from any separately collected waste electrical and electronic equipment prior to treatment of this waste electrical and electronic equipment or during the treatment process provided that this process can ensure that batteries can be separated in a distinct stream and that the batteries remain undamaged. Moreover, quantified objectives should be established for WEEE operators to remove batteries from certain WEEE categories (5 and 6). After their removal, batteries should be subject to
Amendment 86 #
Proposal for a regulation 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
Amendment 87 #
Proposal for a regulation Recital 94 (94) A Battery Passport should be established, allowing economic operators to gather and reuse in a more efficient way the information and data on individual batteries placed on the market without intruding on IP and property rights and to make better informed choices in their planning activities. In order to ensure uniform conditions for the implementation of the battery passport, implementing powers should be conferred on the Commission.
Amendment 88 #
Proposal for a regulation Recital 102 (102) When adopting delegated acts under this Regulation, it is of particular importance that the Commission carry out appropriate consultations during its
Amendment 89 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 (1) ‘battery’ means any source of electrical energy generated by direct conversion of chemical energy and consisting of one or more non-rechargeable or rechargeable battery cells or of groups of them fitted with all devices as necessary for use, as a finished product or in an application;
Amendment 90 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 Amendment 91 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 – indent 2 —
Amendment 92 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 – indent 2 — weighs below
Amendment 93 #
Amendment 94 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 (8) ‘portable batteries of general use’ means portable batteries with the following common formats:
Amendment 95 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 (9) ‘light means of transport’ means wheeled vehicles that have an electric motor of less than 750 watts,
Amendment 96 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 (10) ‘automotive battery’ means any battery used
Amendment 97 #
Proposal for a regulation Article 2 – paragraph 1 – point 12 (12) ‘electric vehicle battery’ means any battery specifically designed to provide traction to hybrid and electric vehicles for road transport, excluding portable batteries used in light means of transport and in other individual urban transport modes;
Amendment 98 #
Proposal for a regulation Article 2 – paragraph 1 – point 13 (13) ‘
Amendment 99 #
Proposal for a regulation Article 2 – paragraph 1 – point 17 (17) ‘battery model’ is any manufactured battery that is produced in series, with similar design, performance and carbon footprint;
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359 amendments...
Amendment 100 #
Proposal for a regulation Recital 60 (60) Some of the raw materials in question, such as cobalt, lithium and natural graphite, are considered as critical raw materials for the EU38 and their sustainable sourcing is required for the EU battery ecosystem to perform adequately. Sustainability, social and governance responsibility criteria should apply to the value chain of all batteries. The Commission should assess whether introducing due diligence at the production recycling stage should be mandatory before 2030. _________________ 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 101 #
Proposal for a regulation Recital 61 a (new) (61 a) Suppliers and/or producers of batteries should be able to comply with the United Nations Guiding Principles on Business and Human Rights, where companies have an environmental and social responsibility to respect fundamental human rights, the environment, and good governance. Companies should not cause or contribute to causing any adverse impacts in those sectors. The Commission should help such companies to comply with the United Nations Guiding Principles on Business and Human Rights, with a database introducing and sharing good practices. Non-profit stakeholders should also be able to use this database which could be implemented using distributed ledger technology.
Amendment 102 #
Proposal for a regulation Recital 63 (63) The
Amendment 103 #
Proposal for a regulation Recital 63 (63) The
Amendment 104 #
Proposal for a regulation Recital 65 (65) According to the
Amendment 105 #
Proposal for a regulation 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 the environment, and do not contribute to conflict.46 . Risk-based due diligence refers to the steps companies should take to identify and address actual or potential risks in order 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-
Amendment 106 #
Proposal for a regulation Recital 65 a (new) (65 a) The Commission, Member States and, where appropriate, regions with devolved competences, should help economic operators, especially suppliers, to retain their individual responsibility for complying with the due diligence obligations set out in this Regulation.
Amendment 107 #
Proposal for a regulation Recital 65 a (new) (65 a) While private sector chain due diligence schemes can support economic operators in their due diligence, economic operators should be individually responsible for complying with the due diligence obligations set out in this Regulation.
Amendment 108 #
Proposal for a regulation Recital 66 (66) Mandatory
Amendment 109 #
Proposal for a regulation Recital 66 (66) Mandatory
Amendment 110 #
Proposal for a regulation Recital 67 (67) As regards the social risk categories, due diligence policies should address the risks in the battery supply chain in relation to the protection of human rights, including human health, protection of children and gender equality, and the rights of indigenous peoples, especially risks relating to dangerous contexts or situations in their territories, in line with international human rights law47 . The due diligence policies should include information on how the economic operator has contributed to the prevention of human rights abuses and on the instruments in place with the operator’s business structure to fight corruption and bribery. The due diligence policies should also ensure correct implementation of the rules of fundamental conventions of the International Labour Organisation48 as listed in Annex I of the ILO Tripartite Declaration. _________________ 47Including The Universal Declaration of Human Rights, The International Covenant on Economic, Social and Cultural Rights, The International Covenant on Civil and Political Rights, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child and the Convention on
Amendment 111 #
Proposal for a regulation Recital 67 (67) As regards the social risk categories, due diligence policies should address the risks in the battery supply chain in relation to the protection of human rights, including human health, rights of indigenous peoples, protection of children and gender equality, in line with international human rights law47 . The due diligence policies should include information on how the economic operator has contributed to the prevention of human rights abuses and on the instruments in place with the operator’s business structure to fight corruption and bribery. The due diligence policies should also ensure correct implementation of the rules of fundamental conventions of the International Labour Organisation48 as listed in Annex I of the ILO Tripartite Declaration.
Amendment 112 #
Proposal for a regulation Recital 68 (68) As regards the environmental risk categories, the due diligence policies should address the risks in the battery supply chain in relation to protection of the natural environment, the climate, in line with the UN Paris Agreement, and of the biological diversity in line with the Convention on Biological Diversity49 , which includes also the consideration of local communities, and the protection and the development of those communities.
Amendment 113 #
Proposal for a regulation Recital 69 (69) The
Amendment 114 #
Proposal for a regulation Recital 69 (69) The
Amendment 115 #
Proposal for a regulation Recital 69 a (new) (69 a) Even with thorough due diligence measures in place, harm might occur. Those who are negatively impacted should be entitled to remedies and access to justice. Responsible economic operators should actively ensure that they make remedies available for such harm, whether acting alone or in cooperation with other actors, and that the processes for accessing those remedies are effective and accessible to all parties concerned. They should be liable for any adverse impact they, or the entities they control or have the potential to control, caused or contributed to.
Amendment 116 #
Proposal for a regulation Recital 70 (70) Other EU legislative instruments that lay down requirements regarding
Amendment 117 #
Proposal for a regulation Recital 71 (71) In order to adapt to developments in the battery value chain, including to changes in the scope and nature of the relevant environmental and social risks, as well as to technical and scientific progress in batteries and battery chemistries, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the list of raw materials and risk categories and the
Amendment 118 #
Proposal for a regulation 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.
Amendment 119 #
Proposal for a regulation Recital 83 (83) All automotive, industrial and electric vehicles batteries should be collected and
Amendment 120 #
Proposal for a regulation Recital 83 (83) All automotive, industrial and electric vehicles batteries, as well as batteries for light means of transport should be collected and for that purpose the producers of such batteries should be required to accept and take back free of charge, all waste automotive, industrial and electric vehicles batteries from end-users. Detailed reporting obligations should be established for all actors involved in the collection of waste automotive, industrial and electric vehicles batteries.
Amendment 121 #
Proposal for a regulation Recital 86 a (new) (86 a) One of the key objectives of this regulation is to make the EU battery industry competitive and sustainable. To achieve that, it is necessary to reduce its dependence on imports of virgin raw materials from third countries. The introduction of minimum recycling efficiency and collection targets will contribute to that goal, but the Union should also reward early movers and overperformers. Economic actors that excel in their field and exceed the prescribed targets should be rewarded through bonuses and incentive schemes, in order to increase the availability of recycled material, while fostering the European battery value chain’s competitiveness and self-sufficiency.
Amendment 122 #
Proposal for a regulation 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
Amendment 123 #
Proposal for a regulation Article 1 – paragraph 2 2. This Regulation shall apply to all batteries, namely portable batteries, automotive batteries, electric vehicle batteries, batteries for light means of transport, and industrial batteries, regardless of their shape, volume, weight, design, material composition, use or purpose. It shall also apply to batteries incorporated in or added to other products.
Amendment 124 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 – indent 2 — weighs below
Amendment 125 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 – indent 2 — weighs below
Amendment 126 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 – indent 3 — is not designed exclusively for industrial purposes; and
Amendment 127 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 – indent 4 — is neither an electric vehicle battery nor an automotive battery, nor a battery for light means of transport;
Amendment 128 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 – indent 4 — is neither an electric vehicle battery nor a light means of transport battery nor an automotive battery;
Amendment 129 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 – indent 4 — is neither an electric vehicle battery, nor a light electric vehicle battery nor an automotive battery;
Amendment 130 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 – indent 4 a (new) - including toys equipped with a battery as specified in the Toy Safety Directive 2009/48/EC (TSD);
Amendment 131 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 – indent 4 a (new) - including toys equipped with a battery as specified in the Toy Safety Directive 2009/48/EC (TSD).
Amendment 132 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 a (new) (8 a) 'bio-battery' means a biological battery, or an energy storing battery powered by organic compounds, usually being glucose from the earth;
Amendment 133 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 (9) ‘light means of transport’ means wheeled vehicles
Amendment 134 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 (9) ‘battery for light means of transport’ means
Amendment 135 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 (9) ‘light means of transport
Amendment 136 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 (9) ‘light means of transport
Amendment 137 #
Proposal for a regulation 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 or standing when the vehicle is moving and that can be powered by the electric motor alone or by a combination of motor and human power;
Amendment 138 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 (10) ‘automotive battery’ means any battery used
Amendment 139 #
Proposal for a regulation Article 2 – paragraph 1 – point 11 (11) ‘industrial battery’ means any battery designed for industrial uses and any other battery excluding portable batteries, electric vehicle batteries, light means of transport batteries and automotive batteries;
Amendment 140 #
Proposal for a regulation Article 2 – paragraph 1 – point 12 (12) ‘electric vehicle battery’ means any battery specifically designed to provide traction to
Amendment 141 #
Proposal for a regulation Article 2 – paragraph 1 – point 12 (12) ‘electric vehicle battery’ means any battery specifically designed to provide traction to hybrid and electric vehicles
Amendment 142 #
Proposal for a regulation Article 2 – paragraph 1 – point 12 (12) ‘electric vehicle battery’ means any battery specifically designed to provide traction to hybrid and electric vehicles for road transport
Amendment 143 #
Proposal for a regulation Article 2 – paragraph 1 – point 17 (17) ‘battery model’ is any manufactured battery that is produced in series, with similar design, performance and carbon footprint;
Amendment 144 #
Proposal for a regulation Article 2 – paragraph 1 – point 22 (22) ‘battery management system’ means an electronic device that controls or manages the electric and thermal functions of the battery, that manages and stores the data on the parameters for determining the safety, the state of health and expected lifetime of batteries laid down in Annex VII and that communicates with the vehicle or appliance in which the battery is incorporated;
Amendment 145 #
Proposal for a regulation Article 2 – paragraph 1 – point 26 a (new) (26 a) 'preparing for repurposing' means any operation by which parts of or a complete waste battery is prepared so that it can be used for a different purpose or application than that which the battery was originally designed for;
Amendment 146 #
Proposal for a regulation Article 2 – paragraph 1 – point 36 (36) ‘
Amendment 147 #
Proposal for a regulation Article 2 – paragraph 4 a (new) The Commission shall set up a regularly updated electronic database for the various batteries belonging to the categories laid down in points (7), (9), (10), (11) and (12) of this Article to support clear and coherent implementation of the Regulation.
Amendment 148 #
Proposal for a regulation Article 5 – paragraph 3 a (new) Amendment 149 #
Proposal for a regulation Article 7 – title Amendment 150 #
Proposal for a regulation Article 7 – paragraph 1 – introductory part 1. Electric vehicle batteries
Amendment 151 #
Proposal for a regulation Article 7 – paragraph 1 – introductory part 1. Electric vehicle batteries and rechargeable industrial batteries with internal storage and a capacity above 2 kWh shall be accompanied by technical documentation that includes, for each battery model and batch per manufacturing plant, a
Amendment 152 #
Proposal for a regulation Article 7 – paragraph 1 – point d (d)
Amendment 153 #
Proposal for a regulation Article 7 – paragraph 1 – point d (d) the total carbon footprint of the battery, calculated as kg of carbon dioxide equivalent, including upstream emissions;
Amendment 154 #
Proposal for a regulation Article 7 – paragraph 1 – point d a (new) (d a) the greenhouse gas emission intensity, expressed as the ratio of total manufacturing or repurposing CO2 emissions per kWh of battery capacity;
Amendment 155 #
Proposal for a regulation Article 7 – paragraph 1 – point d b (new) Amendment 156 #
Proposal for a regulation Article 7 – paragraph 1 – point g a (new) (g a) information about the raw materials used, including the share of renewable content;
Amendment 157 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 The carbon footprint declaration requirement in the first subparagraph shall apply as of 1 July 2024 to electric vehicle batteries and to rechargeable industrial batteries 18 months after the implementing act and the delegated act come into force, as set out in the following subparagraph.
Amendment 158 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 The carbon footprint declaration requirement in the first subparagraph shall apply
Amendment 159 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 The carbon footprint declaration requirement in the first subparagraph shall apply as of 1 J
Amendment 160 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 a (new) Companies may be allowed to use lower emission factors than the default carbon intensity values only where they can prove with reliable data and through independent verification that their individual processes or energy sources are cleaner than the average carbon emissions from the country where the electrodes, electrolytes and cells were produced.
Amendment 161 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 2 – introductory part The Commission shall, no later than 1 J
Amendment 162 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 2 – point a (a) a delegated act in accordance with Article 73 to supplement this Regulation by establishing the methodology to calculate the total
Amendment 163 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 2 – point b (b) an implementing act establishing the format for the
Amendment 164 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 3 The Commission shall be empowered to adopt delegated acts in accordance with Article 73 to
Amendment 165 #
Proposal for a regulation Article 7 – paragraph 2 – introductory part 2. Electric vehicle 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
Amendment 166 #
Proposal for a regulation Article 7 – paragraph 2 – introductory part 2. Electric vehicle batteries
Amendment 167 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 2 The carbon footprint performance class requirements in the first subparagraph shall apply
Amendment 168 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 2 The carbon footprint performance class requirements in the first subparagraph shall apply as of 1
Amendment 169 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 2 The carbon footprint performance class requirements in the first subparagraph shall apply as of 1 J
Amendment 170 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 2 The
Amendment 171 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 3 – introductory part The Commission shall, no later than 3
Amendment 172 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 3 – introductory part The Commission shall, no later than
Amendment 173 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 3 – point a (a) a delegated act in accordance with Article 73 to supplement this Regulation by establishing the
Amendment 174 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 3 – 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
Amendment 175 #
3. Electric vehicle 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
Amendment 176 #
Proposal for a regulation Article 7 – paragraph 3 – introductory part 3. Electric vehicle batteries
Amendment 177 #
Proposal for a regulation Article 7 – paragraph 3 – subparagraph 1 The requirement for a maximum life cycle carbon footprint threshold in the first subparagraph shall apply as of
Amendment 178 #
Proposal for a regulation Article 7 – paragraph 3 – subparagraph 1 The requirement for a maximum life cycle carbon footprint threshold in the first subparagraph shall apply
Amendment 179 #
Proposal for a regulation 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 J
Amendment 180 #
Proposal for a regulation Article 7 – paragraph 3 – subparagraph 1 The requirement for a maximum life cycle
Amendment 181 #
Proposal for a regulation Article 7 – paragraph 3 – subparagraph 2 The Commission shall, no later than 1 July 2026, adopt a delegated act in accordance with Article 73 to supplement this Regulation by determining the maximum life cycle
Amendment 182 #
The Commission shall, no later than 1 July 202
Amendment 183 #
Proposal for a regulation Article 7 – paragraph 3 – subparagraph 3 The introduction of a maximum life cycle
Amendment 184 #
Proposal for a regulation Article 7 – paragraph 3 – subparagraph 3 a (new) Amendment 185 #
Proposal for a regulation Article 8 – title Recycled content in
Amendment 186 #
Proposal for a regulation Article 8 – paragraph 1 – introductory part 1. From 1
Amendment 187 #
Proposal for a regulation Article 8 – paragraph 1 – introductory part 1. From 1 January 202
Amendment 188 #
Proposal for a regulation Article 8 – paragraph 1 – introductory part 1.
Amendment 189 #
Proposal for a regulation Article 8 – paragraph 1 – introductory part 1. From 1 January 2027, industrial batteries, electric vehicle batteries and
Amendment 190 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 1 By 31 December 202
Amendment 191 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 1 a (new) When defining the methodology for the calculation and verification of the amount of recycled material present in the batteries referred to in the first subparagraph, the Commission shall only take into account materials that meet the same standards as those in first use batteries, and shall differentiate between post-consumer recyclates and post- industrial recyclates from batteries, as well as other recyclate sources than batteries;
Amendment 192 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 1 a (new) The Commission shall, by 31 December 2025, put forward an evaluation of the current recycling technologies together with a projection of the number of batteries at the end of their life cycle in order to establish the percentage share of recycled content in batteries produced.
Amendment 193 #
Proposal for a regulation Article 8 – paragraph 1 b (new) 1 b. 1a. From 1 January 2024, producers shall collect data on the amount of recycled and renewable material in their batteries. Producers shall make updated data publicly available at least on a yearly basis, and in any case no later than four months after the conclusion of the reference period;
Amendment 194 #
Proposal for a regulation Article 8 – paragraph 2 Amendment 195 #
Proposal for a regulation Article 8 – paragraph 2 Amendment 196 #
Proposal for a regulation 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 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
Amendment 197 #
Proposal for a regulation 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 demonstrating that those batteries contain
Amendment 198 #
Proposal for a regulation Article 8 – paragraph 2 – introductory part 2. From 1 January 20
Amendment 210 #
Proposal for a regulation Article 8 – paragraph 2 a (new) 2 a. The amount of cobalt, lead, lithium or nickel recovered from waste shall be maximized in electric vehicle batteries and stationary energy storage batteries placed on the EU market;
Amendment 211 #
Proposal for a regulation Article 8 – paragraph 2 a (new) 2a. The Commission shall adopt, by 31 December 2025, a delegated act setting out the values laid down in the first subparagraph.
Amendment 212 #
Proposal for a regulation Article 8 – paragraph 2 b (new) 2b. The Commission shall adopt, by 31 December 2030 a delegated act setting out the higher values which will enter into force by 1 January.
Amendment 213 #
Proposal for a regulation Article 8 – paragraph 3 Amendment 214 #
Proposal for a regulation Article 8 – paragraph 3 Amendment 215 #
Proposal for a regulation Article 8 – paragraph 3 – introductory part 3. From 1 January 20
Amendment 216 #
Proposal for a regulation 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
Amendment 217 #
Proposal for a regulation Article 8 – paragraph 3 – introductory part 3. From 1 January 203
Amendment 229 #
Proposal for a regulation Article 8 – paragraph 4 4.
Amendment 230 #
Proposal for a regulation Article 8 – paragraph 4 4.
Amendment 231 #
Proposal for a regulation Article 8 – paragraph 4 4. Where justified and appropriate due to the availability of cobalt, lead, lithium or nickel recovered from waste,
Amendment 232 #
Proposal for a regulation Article 8 – paragraph 4 – subparagraph 1 (new) The Commission shall be empowered to periodically review and further increase the recycled content targets in paragraphs 2 and 3 of this Article by means of delegated acts, where appropriate, based on updated market information and expected material demand.
Amendment 233 #
Proposal for a regulation Article 9 – title 9 Performance and durability requirements for portable batteries of general use and batteries for light means of transport
Amendment 234 #
Proposal for a regulation Article 9 – title 9 Performance and durability requirements for portable batteries
Amendment 235 #
Proposal for a regulation Article 9 – paragraph 1 1. From 1 January 2027, portable batteries of general use and batteries for light means of transport shall meet the values for the electrochemical performance and durability parameters set out in Annex III as laid down in the delegated act adopted by the Commission pursuant to paragraph 2.
Amendment 236 #
Proposal for a regulation Article 9 – paragraph 1 1. From 1 January 2027, all portable batteries
Amendment 237 #
Proposal for a regulation Article 9 – paragraph 2 – introductory part 2. By 31 December 2025, the
Amendment 238 #
Proposal for a regulation Article 9 – paragraph 2 – subparagraph 1 The Commission is empowered to adopt delegated acts in accordance with Article 73 to a
Amendment 239 #
Proposal for a regulation 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 technical progress, relevant international standards and labelling schemes
Amendment 240 #
Proposal for a regulation Article 9 – paragraph 3 3. By 31 December 20
Amendment 241 #
Proposal for a regulation Article 10 – title 10 Performance and durability
Amendment 242 #
Proposal for a regulation Article 10 – paragraph 1 – introductory part 1. From [1
Amendment 243 #
Proposal for a regulation Article 10 – paragraph 1 – introductory part 1. From
Amendment 244 #
Proposal for a regulation Article 10 – paragraph 1 – introductory part 1. From [12 months after entry into force of the Regulation], rechargeable industrial batteries and electric vehicle batteries
Amendment 245 #
Proposal for a regulation Article 10 – paragraph 1 – subparagraph 1 a (new) By 1 January 2026, information on the real-life performance and durability performance of rechargeable industrial batteries, electric vehicle batteries and batteries for light means of transport shall be available via the publicly available part of the electronic exchange system as set out in Article 64 and Annex XIII.
Amendment 246 #
Proposal for a regulation Article 10 – paragraph 2 2. From
Amendment 247 #
Proposal for a regulation Article 10 – paragraph 2 2. From 1 January 202
Amendment 248 #
Proposal for a regulation Article 10 – paragraph 2 a (new) 2 a. The Commission is empowered to adopt delegated acts in accordance with Article 73 to introduce electrochemical performance and durability parameters for electric vehicle batteries, as indicated by the UNECE Informal Working Group on Electric Vehicles and the Environment.
Amendment 249 #
Proposal for a regulation Article 10 – paragraph 3 – introductory part 3. By 31 December 202
Amendment 250 #
Proposal for a regulation Article 10 – paragraph 3 – subparagraph 1 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 rechargeable industrial batteries
Amendment 251 #
Proposal for a regulation Article 11 – paragraph 1 – introductory part 1. Portable batteries, inc
Amendment 252 #
Proposal for a regulation Article 11 – paragraph 1 – subparagraph 1 A battery is readily replaceable where, after its removal from an appliance by means of a reversible and non-destructive disassembly with standard tools available to end-users or independent operators, it can be substituted by a similar battery, without affecting the functioning or the performance of that appliance.
Amendment 253 #
Proposal for a regulation Article 11 – paragraph 2 – point b Amendment 254 #
Proposal for a regulation Article 11 – paragraph 2 a (new) 2 a. Portable batteries, including batteries powering light means of transport, shall be available as spare part 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 users and professionals. The manufacturer shall ensure the delivery of the spare battery within 15 working days after having received the order.
Amendment 255 #
Proposal for a regulation Article 11 a (new) Amendment 256 #
Proposal for a regulation Article 13 – paragraph 2 Amendment 257 #
Proposal for a regulation Article 13 – paragraph 5 – point g (g) from 1 January 202
Amendment 258 #
Proposal for a regulation Article 13 – paragraph 7 a (new) 7 a. The Commission and the national competent authority or authorities shall provide understandable information about labelling on batteries with a unique portal, in all languages official in the Member States, in order to assist and incentivise all stakeholders involved in batteries' supply chains to comply with this Regulation.
Amendment 259 #
Proposal for a regulation Article 14 – paragraph 1 1. Rechargeable industrial batteries
Amendment 260 #
Proposal for a regulation Article 14 – paragraph 1 1.
Amendment 261 #
Proposal for a regulation Article 14 – paragraph 1 1. Rechargeable industrial batteries and electric vehicle batteries with internal storage and a capacity above 2 kWh as well as batteries powering light means of transport, shall include a battery management system containing data on the parameters for determining the state of health and expected lifetime of batteries as laid down in Annex VII.
Amendment 262 #
Proposal for a regulation Article 14 – paragraph 1 1.
Amendment 263 #
Proposal for a regulation Article 14 – paragraph 1 1.
Amendment 264 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 1 (new) In the case of electric vehicle batteries, the battery management system shall include features enabling the operation of vehicle-to-grid services;
Amendment 265 #
Proposal for a regulation Article 14 – paragraph 2 – introductory part 2. Access to the data in the battery management system referred to in paragraph 1 shall be provided on a non- discriminatory basis to the legal or natural person who has legally purchased the battery or any third party acting on their behalf at any time, and shall be easily readable for the purpose of:
Amendment 266 #
Proposal for a regulation Article 14 – paragraph 2 a (new) Amendment 267 #
Proposal for a regulation Article 14 – paragraph 3 3. The
Amendment 268 #
Proposal for a regulation Article 14 – paragraph 3 a (new) 3 a. The Commission and the national competent authority or authorities shall provide understandable information about the state of health and expected lifetime of batteries with a unique portal, in all languages official in the Member States, in order to assist and incentivise all stakeholders involved in batteries' supply chains to comply with this Regulation.
Amendment 269 #
Proposal for a regulation Article 14 a (new) Article 14 a Information on human rights violations involved in the battery supply chain 1. Economic operators involved in the extraction or the original supply of raw materials used in the construction or making of batteries shall provide data on the origin and different steps within their battery supply chain. 2. In case the raw materials used for the battery came from a territory, either within the Union or in a third country, where human rights and the environment have been gravely violated according to United Nations or European Union human rights current reports, the Commission, informed or assisted by the national competent authority or authorities of the Member State or of the third country of the economic operator involved, shall impose the immediate end of such undertaking to the economic operator involved. 3. The Commission and the national competent authority or authorities shall assess the human rights conditions related to the original supply of the raw materials used for the batteries used in Union territory. 4. The Commission and the competent authority and authorities shall assist and incentivise the economic operator to use other areas of original supply which comply with the requirements set out in this Regulation.
Amendment 270 #
Proposal for a regulation Article 17 – paragraph 5 a (new) 5a. This provision shall apply for 18 months, after the Commission has published the list of notified bodies.
Amendment 271 #
Proposal for a regulation Article 18 – paragraph 3 a (new) 3a. This provision shall apply for 18 months, after the Commission has published the list of notified bodies.
Amendment 272 #
Proposal for a regulation Article 20 – paragraph 5 a (new) 5a. This provision shall apply for 18 months, after the Commission has published the list of notified bodies.
Amendment 273 #
Member States shall notify the Commission and the other Member States of conformity assessment bodies authorised to carry out conformity assessment in accordance with this Regulation. Special attention shall be put into the protection of human rights and the environment.
Amendment 274 #
Proposal for a regulation Article 22 – paragraph 4 a (new) 4 a. The notifying authority may be the competent authority specified in Article 14a.
Amendment 275 #
Proposal for a regulation Article 24 – paragraph 2 The Commission shall make that information publicly available, understandable by all stakeholders involved, in a unique digital portal where all European languages shall be included.
Amendment 276 #
Proposal for a regulation Article 25 – paragraph 2 2. A conformity assessment body shall be established under the national law of a Member State and have legal personality. Where appropriate, regions shall be able to have their own conformity assessment bodies.
Amendment 277 #
Proposal for a regulation Article 25 – paragraph 3 3. A conformity assessment body shall be a third-party body independent from any and all business ties and from the battery model it assesses, in particular from battery manufacturers, the battery manufacturers’ trade partners, shareholding investors on the battery manufacturers’ plants and from other notified bodies and the notified bodies’ business associations, parent companies or subsidiaries. A conformity assessment body may be the competent authority specified in Article 14a, together or separate from the notifying authority, for the purposes of Article 14a.
Amendment 278 #
Proposal for a regulation Article 34 – paragraph 1 The Commission and Member States shall ensure that an appeal procedure against the decisions of notified bodies is available. The information on the possibility to appeal shall be easily understandable and retrievable.
Amendment 279 #
Proposal for a regulation Article 36 – paragraph 1 The Commission shall provide for the organisation of exchange of experiences, expertise, good practices and lessons- learned between the Member States’ national authorities responsible for notification policy through a database empowered by digital ledger technology.
Amendment 280 #
Proposal for a regulation Article 39 – title 39 Obligation for economic operators that place
Amendment 281 #
Proposal for a regulation Article 39 – title Obligation for economic operators that place
Amendment 282 #
Proposal for a regulation Article 39 – paragraph 1 Amendment 283 #
Proposal for a regulation Article 39 – paragraph 1 1. As of [
Amendment 284 #
Proposal for a regulation Article 39 – paragraph 1 1. As of [12 months after the entry into force of the Regulation] the economic operator that places
Amendment 285 #
Proposal for a regulation Article 39 – paragraph 2 – point a (a) adopt, and clearly communicate to suppliers and the public, a company due diligence policy for the supply chain of raw materials indicated in Annex X, point 1, as well as for other associated environmental and human rights risks along the entire value chain;
Amendment 286 #
(a) adopt, and clearly communicate to suppliers and the public, a company due diligence policy for the supply chain of raw materials indicated in Annex X, point 1, as well as for other associated environmental and human rights risks along the entire value chain;
Amendment 287 #
Proposal for a regulation Article 39 – paragraph 2 – point a (a) adopt, and clearly communicate to suppliers and the public, a company due diligence and compliance policy for the supply chain of raw materials indicated in Annex X, point 1;
Amendment 288 #
Proposal for a regulation 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
Amendment 289 #
Proposal for a regulation Article 39 – paragraph 2 – point b (b) incorporate in its supply chain policy standards consistent with the standards set out in
Amendment 290 #
Proposal for a regulation Article 39 – paragraph 2 – point c (c) structure its respective internal management systems to support
Amendment 291 #
(d) establish and operate a system of controls and transparency over the supply chain, including a chain of custody or traceability system
Amendment 292 #
Proposal for a regulation Article 39 – paragraph 2 – point d – paragraph 1 – point iii (iii) country and region of origin of the raw material and the market transactions from the raw material’s extraction to the immediate supplier to the economic operator;
Amendment 293 #
Proposal for a regulation Article 39 – paragraph 2 – point d – paragraph 2 Amendment 294 #
Proposal for a regulation Article 39 – paragraph 2 – point d – paragraph 2 Amendment 295 #
Proposal for a regulation Article 39 – paragraph 2 – point e (e) incorporate its
Amendment 296 #
Proposal for a regulation Article 39 – paragraph 2 – point f (f) establish a grievance mechanism as an early-warning risk-awareness system and an effective, timely and accessible remedy mechanism for harm caused or provide such mechanism through collaborative arrangements with other economic operators or organisations, or by facilitating recourse to an external expert or body, such as an ombudsman.
Amendment 297 #
Proposal for a regulation 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 mechanism through collaborative arrangements with other economic operators or organisations, or by facilitating recourse to an external expert or body, such as an ombudsman.
Amendment 298 #
Proposal for a regulation Article 39 – paragraph 3 – point a (a) identify and assess the adverse impacts associated to the risk categories listed in Annex X, point 2, in its supply chain on the basis of the information provided pursuant to paragraph 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
Amendment 299 #
Proposal for a regulation Article 39 – paragraph 3 – point a a (new) (a a) identify any relevant information that is either publicly available or provided by stakeholders, including individual and group members of potentially affected indigenous communities and other civil society organisations,
Amendment 300 #
Proposal for a regulation Article 39 – paragraph 3 – point b – point i (i) reporting findings of the
Amendment 301 #
Proposal for a regulation Article 39 – paragraph 3 – point b – point ii (ii) adopting risk management measures consistent with Annex II to the OECD Due Diligence Guidance, the UN Guiding Principles on Business and Human Rights and OECD Guidelines for Multinational Enterprises, considering their ability to influence, and where necessary take steps to exert pressure on suppliers who can most
Amendment 302 #
Proposal for a regulation Article 39 – paragraph 3 – point b – point ii (ii) adopting risk management measures consistent with
Amendment 303 #
Proposal for a regulation 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
Amendment 304 #
Proposal for a regulation Article 39 – paragraph 3 – subparagraph 1 Amendment 305 #
Proposal for a regulation 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.
Amendment 306 #
Proposal for a regulation Article 39 – paragraph 4 – introductory part 4. The economic operator referred to in paragraph 1 shall have their supply chain due diligence policies verified by a notified body (“third-party verification”). The policies shall be reviewed and verified periodically, at least every three years.
Amendment 307 #
Proposal for a regulation Article 39 – paragraph 4 – introductory part 4. The economic operator referred to in paragraph 1 shall have their
Amendment 308 #
Proposal for a regulation Article 39 – paragraph 4 – subparagraph 1 – point a (a) include in its scope all activities, processes and systems used by economic operators to implement their
Amendment 309 #
Proposal for a regulation Article 39 – paragraph 4 – subparagraph 1 – point b (b) have as its objective the determination of conformity of the
Amendment 310 #
Proposal for a regulation Article 39 – paragraph 4 – subparagraph 1 – point b a (new) (b a) gather relevant information that is either publicly available or provided by stakeholders, including individual and group members of potentially affected indigenous communities and other civil society organisations,
Amendment 311 #
Proposal for a regulation Article 39 – paragraph 4 – subparagraph 1 – point c (c) make recommendations to the economic operators that place batteries on the market on how to improve their
Amendment 312 #
Proposal for a regulation Article 39 – paragraph 5 5. The economic operator referred to in paragraph 1 shall make available upon request to Member States’ market surveillance authorities the reports of any third-party verification carried out in accordance with paragraph 4
Amendment 313 #
Proposal for a regulation Article 39 – paragraph 5 5. The economic operator referred to in paragraph 1 shall make available upon request to Member States’ market surveillance authorities the reports of any third-party verification carried out in accordance with paragraph 4
Amendment 314 #
Proposal for a regulation Article 39 – paragraph 6 – introductory part 6. The economic operator referred to in paragraph 1 shall make available to its immediate downstream purchasers all information gained and maintained pursuant to its
Amendment 315 #
Proposal for a regulation Article 39 – paragraph 6 – subparagraph 1 The economic operator referred to in paragraph 1 shall on an annual basis, publicly report as widely as possible, including on the internet, on its
Amendment 316 #
Proposal for a regulation Article 39 – paragraph 7 7. The Commission shall develop guidance as regards the application of the due diligence requirements defined in paragraphs 2 and 3 of this Article, with regard to the social and environmental risks referred to in Annex X, point 2, and particularly in line with the international instruments referred to in Annex X, point 3 and 4.
Amendment 317 #
Proposal for a regulation Article 39 – paragraph 7 a (new) 7 a. (a) In order to enable Member States to ensure compliance with the Regulation according to Article 69, Member States shall be responsible for carrying out appropriate checks; (b) The checks referred to in paragraph a shall be conducted by taking a risk-based approach, as well as in cases when a competent authority is in possession of relevant information, including on the basis of substantiated concerns provided by third parties, concerning the compliance by an economic operator with this Regulation; (c) The checks referred to in paragraph a should include on-the-spot inspections, including at the premises of the economic operator; (d) Economic operators shall offer all the assistance necessary to facilitate the performance of the checks referred to in paragraph a, in particular as regards access to premises and the presentation of documentation and records; (e) In order to ensure clarity of tasks and consistency of action among Member State competent authorities, the Commission shall prepare non-binding guidelines in the form of a handbook detailing the steps to be followed by Member State competent authorities carrying out the checks referred to in paragraph a.Those guidelines shall include, as appropriate, templates of documents facilitating the implementation of this Regulation; (f) Member States shall keep records of checks referred to in paragraph a indicating in particular the nature and results of such checks, as well as records of any notice of remedial action issued under Article 69.
Amendment 318 #
Proposal for a regulation Article 39 – paragraph 7 a (new) 7 a. In order to enable Member States to ensure compliance with the Regulation according to Article 69, Member States shall be responsible for carrying out appropriate checks, including on-the-spot inspections, including at the premises of the economic operator. Economic operators shall offer all the assistance necessary to facilitate the performance of the checks referred to in paragraph a, in particular as regards access to premises and the presentation of documentation and records. Member States shall keep records of checks referred to in paragraph a indicating in particular the nature and results of such checks, as well as records of any notice of remedial action issued under Article 69.
Amendment 319 #
Proposal for a regulation Article 39 – paragraph 7 b (new) 7 b. In accordance with the civil liability regimes of Member States, economic operators are liable for adverse impact they or the entities they control or are able to control caused or contributed to. 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 and that economic operators carry the burden of evidence for not having caused or contributed to a harm.
Amendment 320 #
Proposal for a regulation Article 39 – paragraph 8 – point b (b) amend the obligations on the economic operator referred to in paragraph 1 set out in paragraphs 2 to 4 in view of amendments to Regulation (EU) 2017/821 and changes to the due diligence recommendations set out in Annex I to the OECD Due Diligence Guidance
Amendment 321 #
Proposal for a regulation Article 46 – paragraph 1 a (new) 1 a. The operator carrying out repurposing or remanufacturing operations of batteries shall be obliged to register for repurposed or remanufactured batteries that he makes available on the market for the first time within the territory of a Member State. He shall to that end submit an application in the Member States where he makes repurposed or remanufactured batteries available for the first time.
Amendment 322 #
Proposal for a regulation Article 47 – paragraph 1 – introductory part 1. Producers of batteries shall have extended producer responsibility for batteries that they make available on the market for the first time within the territory of a Member State, to ensure
Amendment 323 #
Proposal for a regulation Article 47 – paragraph 1 – introductory part 1. Producers of batteries shall have extended producer responsibility for batteries that they make available on the market for the first time within the territory of a Member State, to ensure the attainment of the waste management obligations set out in this Chapter. This responsibility shall cease when another economic operator takes over the responsibility as a new producer. This responsibility shall include the obligation to:
Amendment 324 #
Proposal for a regulation Article 47 – paragraph 1 – point a Amendment 325 #
Proposal for a regulation Article 47 – paragraph 1 – point b Amendment 326 #
Proposal for a regulation Article 47 – paragraph 1 – point c Amendment 327 #
Proposal for a regulation Article 47 – paragraph 1 – point d Amendment 328 #
Proposal for a regulation Article 47 – paragraph 1 – point e Amendment 329 #
Proposal for a regulation Article 47 – paragraph 6 – introductory part 6.
Amendment 330 #
Proposal for a regulation Article 47 – paragraph 7 7. In order to demonstrate compliance with paragraph 3(a), producers or, where appointed in accordance with paragraph 2,
Amendment 331 #
Proposal for a regulation Article 47 – paragraph 7 7. In order to demonstrate compliance with paragraph 3(a), producers or, where appointed in accordance with paragraph 2, producer responsibility organisations acting on their behalf, shall provide a guarantee which may take the form of a recycling insurance or a blocked bank account, or a dedicated producer responsibility scheme or participation by the producer in a producer responsibility organisation.
Amendment 332 #
Proposal for a regulation Article 47 – paragraph 9 – point c a (new) (c a) the total volume and disaggregated usage destination for each of the recycled materials;
Amendment 333 #
Proposal for a regulation Article 47 – paragraph 12 a (new) 12 a. The operator carrying out repurposing or remanufacturing operations of batteries shall have extended producer responsibility for repurposed or remanufactured batteries that he makes available on the market for the first time within the territory of a Member State to ensure the attainment of the waste management obligations set out in this Chapter.
Amendment 334 #
Proposal for a regulation Article 47 – paragraph 13 Amendment 335 #
Proposal for a regulation Article 48 – paragraph 2 – point b (b) covers the whole territory of the Member State with a sufficient number and adequate geographical spread, taking into account population size, expected volume of waste portable batteries, accessibility and vicinity to end-users, not being limited to areas where the collection and subsequent management of waste portable batteries is profitable.
Amendment 336 #
Proposal for a regulation Article 48 – paragraph 3 a (new) 3 a. By 30 June 2023 the Commission shall establish by means of an implementing act a new methodology for the accurate calculation of collection rates, which may take into account the market evolution in terms of sales and the average lifespan of each battery type;
Amendment 337 #
Proposal for a regulation 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,
Amendment 338 #
Proposal for a regulation Article 48 – paragraph 4 – point a (a)
Amendment 339 #
Proposal for a regulation Article 48 – paragraph 4 – point a a (new) (a a) for light means of transport batteries: 50 %1a by 31 December 2023. _________________ 1a 'Available for Collection' methodology
Amendment 340 #
Proposal for a regulation Article 48 – paragraph 4 – point b (b)
Amendment 341 #
Proposal for a regulation Article 48 – paragraph 4 – point b a (new) (b a) for light means of transport batteries: 70 %1a by 31 December 2025. _________________ 1a 'Available for Collection' methodology
Amendment 342 #
Proposal for a regulation Article 48 – paragraph 4 – point c (c)
Amendment 343 #
Proposal for a regulation Article 48 – paragraph 4 – point c a (new) (c a) for light means of transport batteries: 75 %1a by 31 December 2030. _________________ 1a 'Available for Collection' methodology
Amendment 344 #
Proposal for a regulation Article 48 – paragraph 12 12. Every five years the Member States shall carry out a compositional survey
Amendment 345 #
Proposal for a regulation Article 48 – paragraph 12 a (new) Amendment 346 #
Proposal for a regulation 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 otherwise the related producer responsibility organisation, to take back those batteries shall include covering the costs of dismantling and collecting waste batteries at the premises of those users.
Amendment 347 #
Proposal for a regulation Article 49 – paragraph 4 a (new) 4 a. Adequate financial incentives for returning industrial, automotive and electric vehicle batteries shall be put in place by Member States;
Amendment 348 #
3. Distributors shall hand over waste batteries that they have taken back to the producers or producer responsibility organisations who are responsible for the collection of those batteries in accordance with Articles 48 and 49 respectively
Amendment 349 #
Proposal for a regulation Article 52 – paragraph 1 Operators of waste treatment facilities subject to Directives 2000/53/EC and 2012/19/EU shall hand over waste batteries resulting from the treatment of end-of-life vehicles and waste electrical and electronic equipment to the producers of the relevant batteries or, where appointed in accordance with Article 47(2) of this Regulation, producer responsibility organisations acting on their behalf or if nationally decided, to waste management operators with a view to their treatment and recycling in accordance with the requirements of Article 56 of this Regulation. The operators of waste treatment facilities shall keep records of those transactions.
Amendment 350 #
Proposal for a regulation Article 53 – paragraph 2 2. Public waste management authorities shall hand over collected waste batteries to the producers or, where appointed in accordance with Article 47(2), to producer responsibility organisations acting on their behalf, or if nationally decided, to waste management operators with a view to treatment and recycling of those waste batteries in accordance with the requirements of Article 56 or carry out their treatment and recycling themselves in accordance with the requirements of Article 56.
Amendment 351 #
Proposal for a regulation Article 54 – paragraph 1 Voluntary waste portable battery collection
Amendment 352 #
Proposal for a regulation Article 55 – paragraph 1 – introductory part 1. Member States shall achieve the following minimum collection targets for waste portable batteries,
Amendment 353 #
Proposal for a regulation Article 55 – paragraph 1 – point a (a)
Amendment 354 #
Proposal for a regulation Article 55 – paragraph 1 – point a a (new) (a a) for light means of transport batteries: 50 %1a by 31 December 2023. _________________ 1a 'Available for Collection' methodology
Amendment 355 #
Proposal for a regulation Article 55 – paragraph 1 – point b (b)
Amendment 356 #
Proposal for a regulation Article 55 – paragraph 1 – point b a (new) Amendment 357 #
Proposal for a regulation Article 55 – paragraph 1 – point c (c)
Amendment 358 #
Proposal for a regulation Article 55 – paragraph 1 – point c a (new) (c a) for light means of transport batteries: 75 %1a by 31 December 2030. _________________ 1a 'Available for Collection' methodology
Amendment 359 #
Proposal for a regulation Article 55 – paragraph 2 2. Member States shall calculate the collection rates set out in paragraph 1 in accordance with the methodology set out in Annex XI, and may set up incentive schemes with bonuses for economic operators performing better than the respective minimum collection thresholds in the subsequent period, as established by the compliance deadlines in paragraph 1.
Amendment 360 #
Proposal for a regulation 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
Amendment 361 #
Proposal for a regulation Article 56 – paragraph 4 4. The Commission is empowered to adopt delegated acts in accordance with Article 73 to
Amendment 362 #
Proposal for a regulation Article 56 – paragraph 4 a (new) 4 a. Member States may set up incentive schemes with bonuses for economic operators performing better than the respective minimum thresholds set out in Parts B and C of Annex XII in the subsequent period, as established by the respective compliance deadlines therein.
Amendment 363 #
Proposal for a regulation Article 57 – paragraph 2 – subparagraph 1 (new) Recyclers shall ensure that the minimum levels of recovered materials in Part C of the Annex are battery grade.
Amendment 364 #
Proposal for a regulation Article 57 – paragraph 5 5.
Amendment 365 #
Proposal for a regulation Article 57 – paragraph 5 5. The Commission shall be empowered to adopt delegated acts, in accordance with Article 73, to
Amendment 366 #
Proposal for a regulation Article 59 – title 59 Requirements related to the repurposing and remanufacturing of light means of transport batteries, industrial batteries and electric-vehicle batteries
Amendment 367 #
Proposal for a regulation Article 59 – paragraph 1 1.
Amendment 368 #
Proposal for a regulation Article 59 – paragraph 1 1. Independent operators shall be given access to the battery management system of rechargeable industrial batteries and electric vehicle batteries
Amendment 369 #
Proposal for a regulation Article 59 – paragraph 2 2.
Amendment 370 #
2 a. All used rechargeable industrial batteries, electric vehicle batteries and batteries for light means of transport shall be assessed to determine whether they are suitable for reuse, repurposing or remanufacturing. Where feasible, applications allowing the reuse of batteries and repurposing shall take precedence over recycling.
Amendment 371 #
Proposal for a regulation Article 64 – paragraph 2 2. The system shall contain the information and data on rechargeable industrial batteries and electric vehicle batteries
Amendment 372 #
Proposal for a regulation Article 65 – paragraph 1 1. By 1 January 2026, each industrial battery and electric vehicle battery placed on the market or put into service
Amendment 373 #
Proposal for a regulation 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 shall be available to the user/consumer of the battery.
Amendment 374 #
Proposal for a regulation Article 65 – paragraph 5 a (new) 5 a. The battery passport shall provide information on the reparability of the battery in case of defect. It shall be clear if the battery can be changed only in its entirety or also by block of cells or individual cells.
Amendment 375 #
7 a. The Commission is empowered to adopt delegated acts on reparability parameters of the battery falling under the scope of the Article 65.
Amendment 376 #
Proposal for a regulation Article 66 – paragraph 8 a (new) 8 a. The Commission shall assist Member States, and where appropriate regions, to implement this Regulation. European, national and regional public authorities shall provide for an understandable internet portal with all the information about this Regulation, with understandable information about all the requisites and how to comply with them. These requisites should eventually be complied with through a unique digital certificate in order to avoid unnecessary administrative costs to producers, suppliers, or other stakeholders involved.
Amendment 377 #
Proposal for a regulation Article 70 – paragraph 1 1. Contracting authorities, as defined
Amendment 378 #
Proposal for a regulation 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 and climate impacts of batteries over their life cycle with a view to ensure that such impacts of the batteries procured are kept to a minimum.
Amendment 379 #
Proposal for a regulation Article 70 – paragraph 2 2. The obligation set out in paragraph 1 shall apply to any contracts entered into by contracting authorities or contracting entities for the purchase of batteries or products containing batteries and shall mean that these contracting authorities and contracting entities are obliged to include technical specifications and award criteria based on Articles 7 to 10 to ensure that a product is only chosen among products with significantly lower environmental impacts over their lifecycle.
Amendment 380 #
Proposal for a regulation Article 70 – paragraph 3 3. The Commission shall, by 31 December 202
Amendment 381 #
Proposal for a regulation Article 71 – paragraph 14 14. Where the Committees for Risk Assessment and Socio-economic Analysis provide an opinion pursuant to paragraphs
Amendment 383 #
Proposal for a regulation Article 72 – paragraph 1 1. Governments, industry associations and groupings of interested organisations that have developed
Amendment 384 #
Proposal for a regulation Article 72 – paragraph 2 – introductory part 2. Where, on the basis of the evidence and information provided pursuant to the first sub-paragraph 1, the Commission determines that the supply chain due diligence scheme referred to in paragraph 1, enables that economic operators to comply with the requirements set out in Article 39 of this Regulation, it shall adopt an implementing act granting that scheme a recognition of equivalence with the requirements set out in this Regulation. The OECD Secretariat shall, as appropriate, be consulted prior to the adoption of such implementing acts. Those implementing acts shall be adopted within 12 months from the date of submission of the application in accordance with the examination procedure referred to in Article 74(3).
Amendment 385 #
Proposal for a regulation Article 72 – paragraph 3 3. The Commission is empowered to adopt, by [12 months after the entry into force of the Regulation], implementing acts setting out the criteria and the methodology according to which the Commission shall determine, in accordance with paragraph 2, whether supply chain due diligence schemes ensure that economic operators fulfil the requirements set out in Article 39 of this Regulation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(3).The Commission shall also, as appropriate, periodically verify that recognised supply chain due diligence schemes continue to fulfil the criteria that led to a recognition of equivalence decision adopted pursuant to paragraph 2.
Amendment 386 #
Proposal for a regulation Article 76 – paragraph 1 a (new) The Commission shall review the penalties established by the Member States and propose possible changes to them, when necessary, in view of ensuring a harmonised enforcement across the Union;
Amendment 387 #
Proposal for a regulation Annex II – point 4 – paragraph 1 – introductory part 4.System boundary The following life cycle stages and processes shall be included in the system boundary: Draft Regulation Amendment Life Cycle Stage Raw material acquisition and pre- processing Short description of the processes included Includes mining and pre-processing, up to the manufacturing of battery cells and batteries components (active materials, separator, electrolyte, casings, active and passive battery components), and electric/electronics components. Life Cycle Stage Raw material acquisition and pre- processing Short description of the processes Includes mining or other relevant sourcing if from renewable materials and pre-processing, 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 388 #
Proposal for a regulation Annex II – point 4 – paragraph 1 – point 1 (new) (1) (Ammendment to the table): Raw material acquisition and pre- processing: Includes mining or other relevant sourcing if from renewable materials and pre-processing, 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 389 #
— Raw material acquisition, including transport, and pre-
Amendment 390 #
Proposal for a regulation Annex II – point 5 – paragraph 5 – indent 4 — Own electricity production, which in the case of renewable sources needs to be duly accredited as additional capacity with a demonstrable geographic and real- time link, beyond a simple Guarantee of Origin;
Amendment 391 #
Proposal for a regulation Annex II – point 9 – paragraph 1 Based on the information collected through the carbon footprint declarations and the relative distribution of the carbon footprint performance classes of battery models placed on the market, and taking into account the scientific and technical progress in the field, the Commission will identify dynamic and progressive maximum lifecycle carbon footprint thresholds for
Amendment 392 #
Proposal for a regulation Annex II – point 9 – paragraph 2 In proposing maximum carbon footprint thresholds, the Commission will progressively 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 393 #
Proposal for a regulation Annex III – title Electrochemical performance and durability parameters for portable batteries of general use and batteries for light means of transport
Amendment 394 #
Proposal for a regulation Annex III – point 1 1. Battery measured capacity, electric charge which a battery
Amendment 395 #
Proposal for a regulation Annex IV – title Electrochemical performance and durability requirements for rechargeable industrial batteries
Amendment 396 #
Proposal for a regulation Annex VI – Part A – paragraph 1 – point 2 a (new) 2 a. the weight of the battery;
Amendment 397 #
Proposal for a regulation Annex VI – Part A – paragraph 1 – point 6 6. chemistry at cell level;
Amendment 398 #
Proposal for a regulation Annex VI – Part A – paragraph 1 – point 6 a (new) 6 a. weight of the battery;
Amendment 399 #
Proposal for a regulation Annex VI – Part A – paragraph 1 – point 6 a (new) 6 a. real-life capacity;
Amendment 402 #
Proposal for a regulation Annex X – point 1 – point d b (new) Amendment 406 #
Proposal for a regulation Annex X – point 2 – point d a (new) (d a) climate, including greenhouse gas emissions;
Amendment 407 #
Proposal for a regulation Annex X – point 2 – point i (i) community life
Amendment 408 #
Proposal for a regulation Annex XI – point 1 1. Producers or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf, and Member States shall calculate the collection rate as the percentage obtained by dividing the weight of waste portable batteries
Amendment 409 #
Proposal for a regulation Annex XI – point 2 2. Producers or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf, and Member States shall calculate the annual sales of portable batteries,
Amendment 410 #
Proposal for a regulation Annex XII – Part A – point 4 a (new) 4 a. Mercury shall be separated during treatment and recycling into an identifiable stream, which is given a safe destination and can not cause adverse effects on humans or the environment.
Amendment 411 #
Proposal for a regulation Annex XII – Part B – point 1 – introductory part 1. No later than 1 January 20
Amendment 412 #
Proposal for a regulation Annex XII – Part B – point 1 – point -a (new) (-a) recycling of 85 % by average weight of nickel-cadmium batteries;
Amendment 413 #
Proposal for a regulation Annex XII – Part B – point 1 – point b a (new) (b a) recycling of 75% by average weight of nickel-cadmium batteries;
Amendment 414 #
Proposal for a regulation Annex XII – Part B – point 1 – point c (c) recycling of
Amendment 415 #
Proposal for a regulation Annex XII – Part B – point 2 – point -a (new) (-a) recycling of 90 % by average weight of nickel-cadmium batteries;
Amendment 416 #
Proposal for a regulation Annex XII – Part B – point 2 – point b a (new) (b a) recycling of 70 % by average weight of other waste batteries.
Amendment 417 #
Proposal for a regulation Annex XII – Part C – point 1 – introductory part 1. No later than 1 January 20
Amendment 418 #
Proposal for a regulation Annex XII – Part C – point 1 – introductory part 1. No later than 1 January 202
Amendment 419 #
Proposal for a regulation Annex XII – Part C – point 1 – point a (a) 9
Amendment 420 #
Proposal for a regulation Annex XII – Part C – point 1 – point b (b) 9
Amendment 422 #
Proposal for a regulation Annex XII – Part C – point 1 – point d (d)
Amendment 423 #
Proposal for a regulation Annex XII – Part C – point 1 – point e (e) 9
Amendment 424 #
Proposal for a regulation Annex XII – Part C – point 1 – point e a (new) (e a) 95% for cadmium.
Amendment 425 #
Proposal for a regulation Annex XII – Part C – point 1 – point e a (new) (e a) 95% for cadmium
Amendment 426 #
Proposal for a regulation Annex XII – Part C – point 2 – introductory part 2. No later than 1 January 20
Amendment 427 #
Proposal for a regulation Annex XII – Part C – point 2 – point a (a) 9
Amendment 428 #
Proposal for a regulation Annex XII – Part C – point 2 – point b (b) 9
Amendment 430 #
Proposal for a regulation Annex XII – Part C – point 2 – point d (d)
Amendment 431 #
Proposal for a regulation Annex XII – Part C – point 2 – point e (e) 9
Amendment 432 #
Proposal for a regulation Annex XII – Part C – point 2 – point e a (new) (e a) 95% for cadmium.
Amendment 433 #
Proposal for a regulation Annex XII – Part C – point 2 – point e a (new) (e a) 95% for cadmium
Amendment 434 #
Proposal for a regulation Annex XIII – point 1 – point r a (new) (r a) Information on the reparability of battery in case of defect
Amendment 76 #
Proposal for a regulation Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 and Article 192 (1) thereof,
Amendment 77 #
Proposal for a regulation Citation 5 a (new) Having regard to the report of the Joint Research Centre (JRC)23a, _________________ 23a Huisman, J., Bobba, S.,“Available for Collection” study on alternative collection targets for waste portable and light means of transport batteries, EUR 30746 EN, Publications Office of the European Union, Luxembourg, 2021, ISBN 978-92- 76-39084-8, doi:10.2760/64633, JRC125615.
Amendment 78 #
Proposal for a regulation 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. A holistic and science-based approach is key to achieving the 2030 GHG emission reduction target and the 2050 climate neutrality objective in a responsible manner. All measures should be drafted based on comprehensive impact assessments taking into account economic and social costs as well as environmental impact assessing life cycle emissions. Such measures should support technological neutrality, impact awareness and contribute to the legal clarity of the future oriented legislation. 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, including their repairability parameters. 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. As the production of batteries has a significant impact on the life cycle emissions of vehicles and the life cycle emissions of batteries will be calculated according to this regulation, the Commission should be encouraged to provide a methodology for a precise calculation of life cycle emissions, in particular in the case of hybrid and electric vehicles for road transport. The result of a non-biased comparable analysis should provide clarity for decision making which is important as regards reaching climate neutrality.
Amendment 79 #
Proposal for a regulation 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 European and 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 the battery value chain, and to provide legal and investment 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. 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 80 #
Proposal for a regulation 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, as well as for light means of transport. Significant scientific and technical progress in the field of battery technology will continue. In view of the strategic importance of batteries, and to provide legal certainty and incentives to produce low carbon batteries within a circular economy logic 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. 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 81 #
Proposal for a regulation Recital 2 a (new) (2 a) This Regulation is aimed both at regulating and strengthening the current European market for batteries and waste batteries, provided for by Directive 2006/66/EC. One of its purposes is to achieve a single market for batteries the standards of which could be taken into account by third countries, especially in the Union's neighbourhood.
Amendment 82 #
Proposal for a regulation Recital 8 a (new) (8 a) Collection and recycling are a transversal endeavour made both by diverse economic operators and social stakeholders. They can create supply chains of their own and, with the proper legal assistance and administrative incentives, they could also open and improve a market of their own. Therefore it is crucial that all levels of public administration incentivise and assist economic operators and social stakeholders to undertake collection and recycling activities as regards all types of batteries. The Commission should assist Member States, regions and local entities, taking into account, for instance, the NUTS statistical analysis, namely major socio-economic regions, basic regions for the application of regional policies, and small regions for specific diagnoses, with the ambition of not leaving any European territory behind as regards collection and recycling of batteries within the Union.
Amendment 83 #
Proposal for a regulation Recital 12 a (new) (12 a) Hydrogen-induced vehicles can have engines that burn hydrogen (thermal) or can have hydrogen batteries (electric). Moreover, heat engines are less efficient and can produce dangerous pollutants, such as NOx, compared to electric ones, but are nonetheless more cost effective.
Amendment 84 #
Proposal for a regulation 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
Amendment 85 #
Proposal for a regulation Recital 14 (14) In order to ensure that obligations arising from this Regulation are carried out and to monitor and verify compliance of producers and producer responsibility organisations with the requirements of this Regulation, it is necessary that Member States designate one or more competent authorities. The Commission should assist Member States, and where appropriate regions, to implement this Regulation. Public authorities should have an understandable internet portal with all the information about this Regulation, with understandable information about all its requirements and how to comply with them. Those requirements should eventually be complied with through a unique digital certificate in order to avoid unnecessary administrative costs to producers, suppliers, or other stakeholders involved.
Amendment 86 #
Proposal for a regulation 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
Amendment 87 #
Proposal for a regulation Recital 18 a (new) (18 a) The most energy and carbon intensive part of battery manufacturing is often the production of battery cells, which in the case of Lithium-ion batteries can be responsible for as much as 75% of energy consumption. Cell production is mainly powered by electricity, meaning that the type of electricity used is crucial as regards determining the carbon footprint of a battery and as a consequence as regards being in a position to easily reduce the emissions related to this manufacturing process significantly.
Amendment 88 #
Proposal for a regulation Recital 19 (19) Certain substances contained in batteries, such as cobalt, lead, lithium or nickel, are acquired from scarce resources which are not easily available in the Union, and some are considered critical raw materials by the Commission. This is an area where Europe needs to enhance its strategic autonomy and increase its resilience in preparation for potential disruptions in supply due to health or other crises. Enhancing circularity and resource efficiency with increased recycling and recovery of those raw materials, will contribute to reaching that goal. Europe should also be prepared to harness innovations that complement the recovery and recycling of traditional critical raw materials. In particular, novel applications using renewable raw materials should be promoted.
Amendment 89 #
Proposal for a regulation Recital 19 (19) Certain substances contained in batteries, such as cobalt, lead, lithium or nickel, are acquired from scarce resources which are not easily available in the Union, and some are considered critical raw materials by the Commission. This is an area where Europe needs to enhance its strategic autonomy and increase its resilience in preparation for potential disruptions in supply due to health or other crises. Enhancing circularity and resource efficiency with increased recycling and recovery of those raw materials, will contribute to reaching that goal. In order to benefit from innovations and to complement the recovery and recycling of traditional critical raw materials, novel applications using renewable raw materials should be promoted.
Amendment 90 #
Proposal for a regulation Recital 19 a (new) (19 a) Raw material mining and its subsequent processing is often a cause of environmental stress, as well as socioeconomic costs, for example in the agriculture sector and in tourism. Besides the associated energy requirements for the extractive industry, the extraction of lithium from brines causes substantial demand for water, as one tonne of lithium requires 1,900 tonnes of water.
Amendment 91 #
Proposal for a regulation Recital 20 (20) The increased use of recovered materials would support the development of the circular economy and allow a more resource-efficient use of materials, while reducing Union dependency on materials from third countries. For batteries, this is particularly relevant for cobalt, lead, lithium and nickel. Therefore, it is necessary to promote the recovery of such materials from waste, establishing a requirement on the level of recycled content in batteries using cobalt, lead, lithium and nickel in active materials. This Regulation sets mandatory recycled content targets for cobalt, lead, lithium and nickel and which should be met by 20
Amendment 92 #
Proposal for a regulation Recital 20 a (new) (20 a) The Union and its Member States and regions should develop geostrategic agreements on offshore energy infrastructure with neighbouring geographical regions, especially the Western Balkans, the Mediterranean Southern and Eastern Basins in order to boost production for both European and native markets also regarding batteries and waste batteries. Such agreements should also foster education on the sustainable use of batteries and its recycling processes, as well as other renewable energy production and consumption, between the Union and its neighbouring regions on an equal footing.
Amendment 93 #
Proposal for a regulation 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, environmental performance 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.
Amendment 94 #
Proposal for a regulation 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
Amendment 95 #
Proposal for a regulation Recital 30 (30) Rechargeable industrial batteries, batteries powering light means of transport and electric-vehicle batteries with internal storage with a capacity above 2 kWh should contain a battery management system that stores data so that the state of health and expected lifetime of batteries may be determined at any time by the end-
Amendment 96 #
Proposal for a regulation Recital 30 (30) Rechargeable industrial batteries
Amendment 97 #
Proposal for a regulation Recital 50 (50) The manufacturer should provide sufficiently detailed information on the intended use of the battery so as to allow its correct and safe placing on the market, putting into service, use and end-of-life management, including possible repurposing. A list of chemical and harmful ingredients contained in batteries should be included in the detailed information provided by the manufacturer, together with the necessary user safety precautions and warning notices.
Amendment 98 #
Proposal for a regulation Recital 56 (56) Distributors and importers, being close to the market place, should be involved in market surveillance tasks carried out by the national authorities, and should be prepared to participate actively throughout the battery life cycle up to recycling, providing those authorities with all necessary information relating to the battery concerned.
Amendment 99 #
Proposal for a regulation Recital 59 (59) Only few countries supply those materials and, in some cases, low standards of governance may exacerbate environmental and social problems.
source: 689.858
2021/09/23
IMCO
520 amendments...
Amendment 109 #
Proposal for a regulation Recital 1 (1) The European Green Deal24 is Europe’s growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy where there are no net emissions of greenhouse gases in 2050 and where economic growth is decoupled from resource use. A shift from the use of fossil fuels in vehicles to electromobility is one of the prerequisites for reaching the climate neutrality goal in 2050. In order for the Union
Amendment 110 #
Proposal for a regulation Recital 1 (1) The European Green Deal24 is Europe’s growth strategy that aims to
Amendment 111 #
Proposal for a regulation 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,
Amendment 112 #
Proposal for a regulation Recital 2 (2) Batteries are thus an important
Amendment 113 #
Proposal for a regulation Recital 8 (8) The new Circular Economy Action Plan adopted on 11 March 2020
Amendment 114 #
Proposal for a regulation Recital 8 (8) The new Circular Economy Action Plan adopted on 11 March 202028 states that the proposal for a new regulatory framework for batteries will consider rules on recycled content and measures to improve the collection and recycling rates of all batteries, in order to ensure the recovery of valuable materials and to provide guidance to consumers and will address the possible phasing out of non- rechargeable batteries
Amendment 115 #
Proposal for a regulation Recital 9 (9) Addressing the entire life cycle of
Amendment 116 #
Proposal for a regulation Recital 10 (10) This Regulation should apply to
Amendment 117 #
Proposal for a regulation 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
Amendment 118 #
Proposal for a regulation Recital 19 (19) Certain substances contained in batteries, such as cobalt, lead, lithium or nickel, are acquired from scarce resources which are not easily available in the Union, and some are considered critical raw materials
Amendment 119 #
Proposal for a regulation Recital 19 a (new) (19a) Substituting scarce raw materials with cheaper and more widely available materials is crucial to reducing the Union’s dependence on third countries in the long term, to decreasing the impact of battery production on the environment, to creating more jobs in the Union and to reducing costs. It is therefore vital that the Union and the Member States step up support for European companies' research and development initiatives concerning the substitution of such materials.
Amendment 120 #
Proposal for a regulation Recital 23 (23) Batteries placed on the Union market should be durable and highly performant. It is therefore necessary to set
Amendment 121 #
Proposal for a regulation Recital 23 (23) Batteries placed on the Union market should be durable and highly performant. It is therefore necessary to set out performance and durability parameters for portable batteries of general use as well as for rechargeable industrial batteries and electric vehicle batteries. For electric vehicle batteries, the informal UNECE Working Group on Electric Vehicles and the Environment is developing in-vehicle durability requirements, so this Regulation is refraining from setting additional durability requirements. On the other hand, in the area of batteries for energy storage, existing measurement methods to test
Amendment 122 #
Proposal for a regulation Recital 23 (23) Batteries placed on the Union market should be durable and highly performant. It is therefore necessary to set out performance and durability parameters for portable batteries of general use as well as for
Amendment 123 #
Proposal for a regulation Recital 23 (23) Batteries placed on the Union market should be durable and highly performant. It is therefore necessary to set out performance and durability parameters for portable batteries
Amendment 124 #
Proposal for a regulation Recital 23 a (new) (23 a) Interoperability within the different product categories of light means of transport and chargers simplifies the use of light means of transport for consumers and reduces unnecessary electronic waste and costs; therefore rechargeable batteries intended for use in light means of transport should be compatible with a common charger for particular categories or classes of light means of transport; this Regulation should therefore include specific requirements in this area.
Amendment 125 #
Proposal for a regulation Recital 24 (24) In order to reduce the life cycle environmental impact batteries, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the performance and durability parameters and establishing minimum values for those parameters for portable batteries of general use and for
Amendment 126 #
Proposal for a regulation Recital 25 (25) Some non-rechargeable batteries of general use may imply an inefficient use of resources and energy. Other non- rechargeable batteries are the most practical option for certain devices (such as smoke detectors). Whether rechargeable or not, batteries of general use should meet the minimum performance standards. Objective requirements regarding the performance and durability of
Amendment 127 #
Proposal for a regulation Recital 25 (25)
Amendment 128 #
Proposal for a regulation Recital 26 (26) In order to ensure that portable batteries incorporated into appliances and light means of transport are subject to proper separate collection, treatment and high quality recycling once they have become waste, provisions to ensure their removability and replaceability in such
Amendment 129 #
Proposal for a regulation Recital 26 a (new) (26 a) Interoperability of chargers within specific categories of products could reduce unnecessary waste and costs for the benefit of consumers and other end- users. It should be possible therefore to recharge batteries for products such as electric vehicles, light means of transport, IT,telecommunications and consumer equipment, such as mobile phones and tablets, printers and laptops, as well as electric or electronic tools such as gardening tools or power drills, by making use of common chargers that allow interoperability within each category of products. A common charger specifically for small and medium sized electronic devices, like mobile phones and tablets, should be introduced at an earlier stage as per revision of the Directive 2014/53/EU on the harmonization of the laws of the Member States relating to the making available on the market of radio equipment.
Amendment 130 #
Proposal for a regulation Recital 26 a (new) (26a) Interoperability of chargers within specific categories of products could reduce unnecessary waste and costs for the benefit of consumers and other end- users. It should therefore be possible to recharge batteries for products such as electric vehicles and light means of transport, as well as batteries for IT and telecommunications equipment, such as mobile phones, and electric or electronic tools, such as gardening tools, by making use of common chargers that allow interoperability within each category of products. This Regulation should therefore include provisions concerning that area.
Amendment 131 #
Proposal for a regulation Recital 26 a (new) (26 a) The right to repair is essential to prolong the life of batteries. Batteries can be repaired by professional repairers. Repaired batteries need standardised non- destructive performance and safety testing, separate from the tests required for new batteries. Professional repairers must be able to open battery packs, exchange defective modules, connectors or fuses. To ensure the safety of repaired batteries, professional repairers need access to data from the battery management system. Professional repairers should be defined as distributors, with the associated obligations.
Amendment 132 #
Proposal for a regulation Recital 26 b (new) (26 b) In order to further reduce waste, the interroperability of batteries, of connectors and of chargers across product types should be promoted in product specific ecodesign implementing legislation, and in the upcoming sustainable product policy.
Amendment 133 #
Proposal for a regulation 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
Amendment 134 #
Proposal for a regulation 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,
Amendment 135 #
Proposal for a regulation 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 and the main recyclable substances. To ensure the availability of information over time, that information should also be made available by means of QR codes.
Amendment 136 #
Proposal for a regulation 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, performance 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.
Amendment 137 #
Proposal for a regulation 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,
Amendment 138 #
Proposal for a regulation Recital 29 (29) Information about the performance of batteries is essential to ensure that end- users as consumers are well and timely informed and in particular that they have a common basis to compare different batteries before making their purchase. Therefore, portable batteries of general use and automotive batteries should be marked with a label containing the information on their
Amendment 139 #
Proposal for a regulation 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
Amendment 140 #
Proposal for a regulation Recital 29 (29) Information about the performance of batteries is essential to ensure that end- users
Amendment 141 #
Proposal for a regulation Recital 29 a (new) (29a) The sell-by date, after which batteries of general use should no longer be sold, shall be clearly indicated.
Amendment 142 #
Proposal for a regulation Recital 30 (30)
Amendment 143 #
Proposal for a regulation Recital 30 (30) Rechargeable industrial batteries, batteries powering light means of transport and electric-vehicle batteries with internal storage with a capacity above 2 kWh should contain a battery management system that stores data so that the state of health and expected lifetime of batteries may be determined at any time by the end-
Amendment 144 #
Proposal for a regulation Recital 30 (30)
Amendment 145 #
Proposal for a regulation Recital 31 (31) A number of product-specific requirements under this Regulation, including on performance, durability, repurposing and safety, should be measured by using reliable, accurate and reproducible methods that take into account the generally recognised state-of- the-art measurements and calculation methodologies. In order to ensure that there are no barriers to trade on the internal market, standards should be harmonised at Union level. Such methods and standards should, to the extent possible, take into account the real-life usage of batteries, reflect the average range of consumer behaviour and be robust in order to deter intentional and unintentional circumvention. Once a reference to such a standard has been adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council35 and published in the Official Journal of the European Union, presumption of conformity shall be established with those product-specific requirements adopted on the basis of this Regulation, provided that the outcome of such methods demonstrate that the minimum values established for those substantive requirements are attained. In
Amendment 146 #
Proposal for a regulation Recital 31 (31) A number of product-specific requirements under this Regulation, including on performance, durability,
Amendment 147 #
Proposal for a regulation Recital 31 (31) A number of product-specific requirements under this Regulation, including on performance, durability, repurposing and safety, should be measured by using reliable, accurate and reproducible methods that take into account the generally recognised state-of- the-art measurements and calculation methodologies. In order to ensure that there are no barriers to trade on the internal market, standards should be harmonised at Union level. Such methods and standards should, to the extent possible, take into account the real-life usage of batteries, reflect the average range of consumer behaviour and be robust in order to deter intentional and unintentional circumvention. Repaired and repurposed batteries require a separate set of standardised non-destructive safety tests. Once a reference to such a standard has been adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council35 and published in the Official Journal of the European Union, presumption of conformity shall be established with those product-specific requirements adopted on the basis of this Regulation, provided that the outcome of such methods demonstrate that the minimum values established for those substantive requirements are attained.
Amendment 148 #
Proposal for a regulation Recital 31 (31) A number of product-specific requirements under this Regulation, including on performance, durability, repurposing and safety, should be measured by using reliable, accurate and
Amendment 149 #
Proposal for a regulation Recital 31 a (new) (31 a) An active involvement in the work of international standardisation committees is an important strategic prerequisite to place future technologies into the market. In some cases, participation of Europe has been underrepresented in these committees. Therefore, the Commission and Member States should actively support the work of European enterprises in such international standardisation committees. Before considering the adoption of standards by secondary legislation, the Comission shall carefully assess the work done on international level.
Amendment 150 #
Proposal for a regulation Recital 31 b (new) (31 b) The Commission should ensure consistency regarding harmonised standards and common specifications under this regulation and when reviewing Regulation (EU) No 1025 (2012).
Amendment 151 #
Proposal for a regulation Recital 32 (32) To ensure effective access to information for market surveillance purposes, to adapt to new technologies and to ensure resilience in case of global crises, such as the Covid-19 pandemic,
Amendment 152 #
Proposal for a regulation Recital 35 (35) The chosen modules do not however reflect certain specific aspects of batteries and thus, it is necessary to adapt the modules chosen for the conformity assessment procedure. In order to take account of the novelty and complexity of the sustainability, safety and labelling requirements set out in this Regulation and for the purpose of ensuring the conformity of batteries placed on the market with the legal requirements, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the
Amendment 153 #
Proposal for a regulation Recital 35 (35) The chosen modules do not however reflect certain specific aspects of batteries and thus, it is necessary to adapt the modules chosen for the conformity assessment procedure. In order to take account of the novelty and complexity of the sustainability, safety
Amendment 154 #
Proposal for a regulation Recital 38 (38) Due to the novelty and complexity of the sustainability, safety
Amendment 155 #
Proposal for a regulation Recital 39 (39) It is essential that all notified bodies perform their functions to the same level and under conditions of fair competition and autonomy. Therefore, requirements for
Amendment 156 #
Proposal for a regulation Recital 42 (42) Since the services offered by notified bodies in a Member State might relate to batteries made available on the market throughout the Union, it is appropriate to give the other Member States and the Commission the opportunity to audit and raise objections concerning a notified body. In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission in order to request the notifying authority to take corrective action in case a notified body does not meet or no longer meets the requirements of this Regulation.
Amendment 157 #
Proposal for a regulation Recital 43 (43) In the interests of facilitating and accelerating the conformity assessment procedure, the certification and ultimately the market access and in view of the novelty and complexity of the sustainability, safety and labelling requirements for batteries, it is crucial that notified bodies have continuous access to all testing equipment and testing facilities needed and that they apply the procedures without creating unnecessary burdens for economic operators. To ensure the proper application of this regulation, the Commission should designate a Union Testing Facility in accordance with Regulation (EU) 2019/1020. For the same reason, and to ensure equal treatment of economic operators, it is necessary that the notified bodies apply the conformity assessment procedures consistently.
Amendment 158 #
Proposal for a regulation Recital 43 (43) In the interests of facilitating and accelerating the conformity assessment procedure, the certification and ultimately the market access and in view of the novelty and complexity of the sustainability, safety
Amendment 159 #
Proposal for a regulation Recital 44 (
Amendment 160 #
Proposal for a regulation Recital 45 (45) The Commission should enable appropriate coordination and cooperation between notified bodies, and market surveillance authorities.
Amendment 161 #
Proposal for a regulation Recital 45 a (new) (45 a) Consumers and consumers organisations should have a direct way to report non-compliance with this regulation to market surveillance authorities.
Amendment 162 #
Proposal for a regulation Recital 48 a (new) Amendment 163 #
Proposal for a regulation Recital 50 (50) The manufacturer should provide sufficiently detailed information on the intended use of the battery so as to allow its correct and safe placing on the market, putting into service, use and end-of-life management, including possible prep
Amendment 164 #
Proposal for a regulation Recital 52 (52) It is necessary to ensure that batteries from third countries entering the Union market comply with the
Amendment 165 #
Proposal for a regulation Recital 53 (53) When placing a battery on the market or putting it into service, every importer should indicate on the battery the importer’s name, registered trade name or registered trade mark as well as the postal address, e-mail and telephone number. Exceptions should be provided for in cases where the size of the battery does not allow it
Amendment 166 #
Proposal for a regulation Recital 53 (53) When placing a battery on the market or putting it into service, every importer should indicate on the battery the importer’s name, registered trade name or registered trade mark as well as the postal address and other contact details. Exceptions should be provided for in cases where the size of the battery does not allow it. This includes cases where the importer would have to open the packaging to put the name and address on the battery or where the battery is too small in size to affix this information..
Amendment 167 #
Proposal for a regulation Recital 54 (54) As the distributor makes a battery available on the market after it has been placed on the market or put into service by the manufacturer or the importer, the distributor should act with due care to
Amendment 168 #
Proposal for a regulation Recital 55 (55) Any importer or distributor that either places a battery on the market or puts it into service under the importer’s or distributor’s own name or trademark or modifies a battery in such a way that compliance with the requirements of this Regulation may be affected or modifies the purpose of a battery that is already place on the market should be considered to be the manufacturer and should assume the obligations of the manufacturer. For batteries mandated to have a battery passport, information about the economic operator assuming the obligations of the manufacturer should be updated accordingly.
Amendment 169 #
Proposal for a regulation Recital 55 (55) Any importer or distributor that either places a battery on the market or puts it into service under the importer’s or distributor’s own name or trademark or modifies a battery in such a way that compliance with the requirements of this Regulation may be affected or modifies the purpose of a battery that is already placed on the market should be considered to be the manufacturer and should assume the obligations of the manufacturer.
Amendment 170 #
Proposal for a regulation Recital 56 (56) Distributors, including marketplaces and fulfilment service providers, and importers, being close to the market place, should be involved in market surveillance tasks carried out by the national authorities, and should be prepared to participate actively, providing those authorities with all necessary information relating to the battery concerned.
Amendment 171 #
Proposal for a regulation Recital 57 (57) Ensuring traceability of a battery throughout the whole supply chain helps to make market surveillance simpler and more efficient, and gives transparency to consumers. An efficient traceability system facilitates the market surveillance authorities' task of tracing economic operators who placed on the market or made available on the market or put into service non-compliant batteries. The economic operators should therefore be required to keep the information on their transactions of batteries for a certain period of time, and to make them available in the battery passport when appropriate.
Amendment 172 #
Proposal for a regulation Recital 57 (57) Ensuring traceability of a battery throughout the whole supply chain helps to make market surveillance simpler and more efficient. An efficient traceability system facilitates the market surveillance authorities' task of tracing economic operators who placed on the market or made available on the market or put into service non-compliant batteries. The economic operators should therefore be required to keep the information on their transactions of batteries for
Amendment 173 #
Proposal for a regulation 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
Amendment 174 #
Proposal for a regulation Recital 61 a (new) (61a) Fair competition must be established and only those who comply with EU rules shall have access to the market. The Commission shall limit access to the European market for companies known to have undignified working conditions, use child labour or release large quantities of waste in deep water.
Amendment 175 #
Proposal for a regulation Recital 62 (62) The United Nations Guiding Principles on Business and Human Rights and the OECD guidelines for multinational enterprises stipulate that economic operators should carry out due diligence as a means to meet their corporate responsibility with respect to human rights and the environment. In the Union, general requirements on due diligence in relation to certain minerals and metals were introduced by Regulation (EU)
Amendment 176 #
Proposal for a regulation Recital 63 (63) The
Amendment 177 #
Proposal for a regulation Recital 64 (64) When
Amendment 178 #
Proposal for a regulation Recital 65 (65) According to the
Amendment 179 #
Proposal for a regulation Recital 65 a (new) (65 a) While private sector due diligence schemes can support economic operators in their due diligence, economic operators retain individual responsibility to comply with the due diligence obligations set out in this Regulation.
Amendment 180 #
Proposal for a regulation Recital 66 (66) Mandatory
Amendment 181 #
Proposal for a regulation Recital 67 (67) As regards the social risk categories, due diligence policies should address the risks in the battery supply chain in relation to the protection of human rights, including human health, the rights of indigenous people, protection
Amendment 182 #
Proposal for a regulation Recital 68 (68) As regards the environmental risk categories, the due diligence policies should address the risks in the battery supply chain in relation to protection of the natural environment, the climate in line with the UN Paris Agreement, and of the biological diversity in line with the Convention on Biological Diversity49 , which includes also the consideration of local communities, and the protection and the development of those communities. _________________ 49 Such as set out in the Convention on biological diversity, available at https://www.cbd.int/convention/text/ and, in particular, Decision COP VIII/28 “Voluntary guidelines on Biodiversity- Inclusive impact assessment, available at https://www.cbd.int/decision/cop/?id=1104 2.
Amendment 183 #
Proposal for a regulation Recital 69 (69) The
Amendment 184 #
Proposal for a regulation Recital 69 a (new) (69 a) Even when due diligence has been carried out, harm might occur. Economic operators should actively engage in remediation for such harm, by itself or in cooperation with other actors. They should be liable for adverse impact they or the entities they control or are able to control caused or contributed to. Those adversely impacted should be entitled to remediation and should be provided access to justice.
Amendment 185 #
Proposal for a regulation Recital 70 (70) Other EU legislative instruments that lay down requirements regarding
Amendment 186 #
Proposal for a regulation Recital 71 (71) In order to adapt to developments in the battery value chain, including to changes in the scope and nature of the relevant environmental and social risks, as well as to technical and scientific progress in batteries and battery chemistries, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the list of raw materials and risk categories and the
Amendment 187 #
Proposal for a regulation 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, in particular by explaining how safer and cleaner waste streams could contribute to the reduction of waste exports to third countries and closed materials loops within the Union. Provisions to that aim, together with a ban on the export of waste portable batteries, waste electric vehicle batteries, waste automotive batteries and waste industrial batteries could substantially support achieving the collection targets, a closed material loop and EU strategic autonomy. The disclosure of information to all end users as well as reporting on batteries should make
Amendment 188 #
Proposal for a regulation Recital 89 (89) Producers and distributors, including marketplaces and fulfilment service providers, 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, or by more innovative means, such as electronic access to websites provided by QR codes
Amendment 189 #
Proposal for a regulation Recital 89 (89) Producers and distributors, including online market platforms, 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, or by more innovative means, such as electronic access to websites provided by QR codes affixed to the battery.
Amendment 190 #
Proposal for a regulation Recital 89 (89) Producers and distributors should be actively involved in providing
Amendment 191 #
Proposal for a regulation Recital 93 (93) In order to enhance transparency along supply and value chains for all stakeholders, it is necessary to provide for an electronic system that maximises the exchange of information, enabling tracking and tracing of batteries, provides information about the carbon intensity of their manufacturing processes as well as the origin of the materials used, their composition, including raw materials and hazardous chemicals, repair, prep
Amendment 192 #
Proposal for a regulation Recital 97 (97) A procedure should exist under which interested parties are informed of measures intended to be taken with regard to batteries presenting a risk to human health, safety, property or the environment. It should also allow market surveillance authorities in the Member States, in cooperation with the relevant economic operators, to act at an early stage in respect of such batteries. In order to ensure uniform conditions for the implementation of this Regulation,
Amendment 193 #
Proposal for a regulation Recital 98 (98) The market surveillance authorities should have the right to require economic operators to take corrective actions on the basis of findings that either the battery is not compliant with the requirements of this Regulation or the economic operator infringes the rules on the placing or making available on the market of a battery, or on sustainability, safety
Amendment 194 #
Proposal for a regulation Recital 99 (99) Public procurement constitutes an important sector with regard to reducing the impacts on the environment of human activities and to stimulate market transformation towards more sustainable products. Contracting authorities, as defined in Directive 2014/24/EU
Amendment 195 #
Proposal for a regulation Recital 99 (99) Public procurement constitutes an important sector with regard to reducing the impacts on the environment of human activities and to stimulate market transformation towards more sustainable products. Contracting authorities, as defined in Directive 2014/24/EU63 of the European Parliament and of the Council and Directive 2014/25/EU of the European Parliament and of the Council64 , and contracting entities as defined in Directive 2014/25/EU
Amendment 196 #
Proposal for a regulation Recital 105 Amendment 197 #
(105) The Commission should adopt immediately applicable
Amendment 198 #
Proposal for a regulation Recital 105 a (new) (105a) If a Member State identifies a compliant battery that poses a serious and urgent risk to human health, the safety of goods or the environment, the Commission should inform the other Member States and adopt immediately applicable implementing acts.
Amendment 199 #
Proposal for a regulation 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
Amendment 200 #
Proposal for a regulation Recital 109 (109) In order to allow Member States to adapt the register of producers set up under Directive 2006/66/EC and to take the necessary administrative measures regarding the organisation of the authorisation procedures by the competent authorities, while keeping continuity for economic operators, Directive 2006/66/EC should be repealed as of 1 July 2023. Obligations under that Directive related to monitoring and reporting the collection rate of portable batteries and the recycling efficiencies of recycling processes shall remain in force until 31 December 202
Amendment 201 #
Proposal for a regulation Article 1 – paragraph 1 1. This Regulation establishes requirements on sustainability, safety, labelling and information to allow the placing on the market or putting into service of batteries, as well as requirements for the collection, treatment and recycling of waste batteries, also with a view to stimulating innovation and the use of widely available alternative raw materials.
Amendment 202 #
Proposal for a regulation Article premier – paragraph 2 2. This Regulation shall apply to all batteries, namely portable batteries, in particular batteries for light means of transport, automotive batteries, electric vehicle batteries and industrial batteries, regardless of their shape, volume, weight, design, material composition, use or purpose. It shall also apply to batteries incorporated in or added to other products.
Amendment 203 #
Proposal for a regulation Article 1 – paragraph 2 2. This Regulation shall apply to
Amendment 204 #
Proposal for a regulation Article 1 – paragraph 2 2. This Regulation shall apply to all batteries, namely portable batteries, including batteries for light means of transport, automotive batteries, electric vehicle batteries and industrial batteries, regardless of their shape, volume, weight, design, material composition, use or purpose. It shall also apply to batteries incorporated in or added to other products.
Amendment 205 #
Proposal for a regulation Article 1 – paragraph 3 a (new) 3 a. With the exclusion of Chapter VII and for a maximum of five years after the entry into force of the Regulation, the Regulation shall not apply to the following industrial batteries, automotive batteries and electric vehicle designed before the entry into force of the Regulation: -Batteries placed on the market to be incorporated in safety-sensitive applications designed before the entry into force of the Regulation; -Batteries to be used as spare parts for equipment designed before the entry into force of the Regulation.
Amendment 206 #
Proposal for a regulation Article 1 – paragraph 3 a (new) 3 a. 4.With the exclusion of Chapter VII, this regulation shall not apply to industrial batteries designed before the entry into force of this Regulation: a) Placed on the market to be incorporated in safety-sensitive applications designed before the entry into force of the Regulation; b) or to be used as spare parts for equipment designed before the entry into force of the Regulation.
Amendment 207 #
Proposal for a regulation Article 2 – paragraph 1 – point 20 a (new) (20 a) ‘battery removability and replaceability’ means non-destructive disassembly, or reversible extraction of the battery pack or modules from the device or constituent components without functional damage that would preclude reassembly or reuse.
Amendment 208 #
Proposal for a regulation Article 2 – paragraph 1 – point 21 (21) ‘QR code’ means a matrix
Amendment 209 #
Proposal for a regulation Article 2 – paragraph 1 – point 21 (21) ‘QR code’ means a matrix
Amendment 210 #
Proposal for a regulation Article 2 – paragraph 1 – point 21 (21) ‘QR code’ means a matrix
Amendment 211 #
Proposal for a regulation Article 2 – paragraph 1 – point 21 (21) ‘QR code’ means a matrix
Amendment 212 #
Proposal for a regulation Article 2 – paragraph 1 – point 26 (26) ‘prep
Amendment 213 #
Proposal for a regulation Article 2 – paragraph 1 – point 33 (33) ‘conformity assessment’ means the process demonstrating whether the sustainability, safety
Amendment 214 #
Proposal for a regulation Article 2 – paragraph 1 – point 36 (36) ‘
Amendment 215 #
Proposal for a regulation Article 2 – paragraph 1 – point 36 (36) ‘supply chain due diligence’ means the obligations, with regard to social and environmental risks, 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 and addressing actual and potential risks linked to the sourcing, processing and trading of the raw materials required for battery manufacturing;
Amendment 216 #
Proposal for a regulation Article 2 – paragraph 1 – point 36 (36) ‘supply chain due diligence’ means the obligations of the economic operator
Amendment 217 #
Proposal for a regulation Article 2 – paragraph 1 – point 36 (36) ‘supply chain due diligence’ means the obligations of the economic operator which places a
Amendment 218 #
Proposal for a regulation Article 2 – paragraph 1 – point 36 (36) ‘supply chain due diligence’ means the obligations of the economic operator which places a
Amendment 219 #
Proposal for a regulation Article 2 – paragraph 1 – point 36 (36) ‘supply chain due diligence’ means the obligations of the economic operator which places a
Amendment 220 #
Proposal for a regulation Article 2 – paragraph 1 – point 40 (40) ‘reuse of a battery’ means the complete or partial direct re-use of the battery for the original purpose the battery was designed for;
Amendment 221 #
Proposal for a regulation Article 2 – paragraph 1 – point 40 (40) ‘reuse
Amendment 222 #
Proposal for a regulation Article 2 – paragraph 1 – point 56 a (new) (56 a) 'Remanufacturing' means any process involving the dismantling of a product, the rebuilding and replacement of components, and the testing of individual parts and the whole product against the original design specifications, where the performance after remanufacturing should be the same or better than the original performance specification ('as new').
Amendment 223 #
Proposal for a regulation Article 2 – paragraph 1 – point 56 a (new) (56 a) ‘remanufacturing’ means any treatment that involves dismantling a product, restoring and replacing components, and testing the individual parts and the whole product to its original design specifications, with the performance after remanufacture expected to be the same or better than the original performance specification (‘like new’);
Amendment 224 #
Proposal for a regulation Article 2 – paragraph 1 – point 56 b (new) Amendment 225 #
Proposal for a regulation Article 3 – paragraph 1 1. Member States shall not, for reasons relating to sustainability, safety, labelling and information requirements of batteries or management of waste batteries covered by this Regulation, prohibit, restrict or impede the making available on the market or the putting into service of batteries that comply with this Regulation if they pose no risk.
Amendment 226 #
Proposal for a regulation Article 3 – paragraph 1 a (new) 1a. If an authority of a Member State identifies a battery that is labelled 'compliant' but actually poses a serious and urgent risk to human health, the safety of goods or the environment, it shall take the requisite measures to eliminate the risk and shall immediately inform the Commission. The Commission shall inform the other Member States and adopt immediately applicable implementing acts.
Amendment 227 #
Proposal for a regulation Article 8 – paragraph 2 a (new) 2 a. By 31 December 2025 and by 31 December 2030, the Commission shall publish the assessments of currently available recycling technologies and a prognosis of end-of-life batteries available for recycling and the average amount of cobalt, lead, lithium or nickel recovered from batteries per year.
Amendment 228 #
Proposal for a regulation Article 8 – paragraph 2 b (new) 2 b. The Commission shall, by 31 December 2028 and by 31 December 2032, adopt the delegated acts in accordance with Article 73, defining the specific targets for the minimum share of cobalt, lead, lithium and nickel recovered from waste, based on the assessments referred to in previous subparagraph.
Amendment 229 #
Proposal for a regulation Article 8 – paragraph 3 Amendment 230 #
Proposal for a regulation Article 9 – title Performance and durability requirements for portable batteries of general use and batteries for light means of transport
Amendment 231 #
Proposal for a regulation Article 9 – title Performance and durability requirements for portable batteries
Amendment 232 #
Proposal for a regulation Article 9 – title Performance and durability requirements for portable batteries
Amendment 233 #
Proposal for a regulation Article 9 – paragraph 1 1.
Amendment 234 #
Proposal for a regulation Article 9 – paragraph 1 1. From 1 January 2027, portable batteries of general use and batteries for light means of transport shall meet the values for the electrochemical performance and durability parameters set out in Annex III as laid down in the delegated act adopted by the Commission pursuant to paragraph 2.
Amendment 235 #
1. From 1 January 202
Amendment 236 #
Proposal for a regulation Article 9 – paragraph 1 1. From 1 January 2027, portable batteries
Amendment 237 #
Proposal for a regulation 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
Amendment 238 #
Proposal for a regulation Article 9 – paragraph 2 – introductory part 2. By 31 December 2025, the Commission shall adopt a delegated act in accordance with Article 73 to supplement this Regulation by establishing minimum values for the electrochemical performance and durability parameters laid down in Annex III that portable batteries
Amendment 239 #
Proposal for a regulation Article 9 – paragraph 2 – introductory part 2. By 31 December 2025, the Commission shall adopt a delegated act in accordance with Article 73 to supplement this Regulation by establishing minimum values for the electrochemical performance and durability parameters laid down in Annex III that portable batteries
Amendment 240 #
Proposal for a regulation 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
Amendment 241 #
Proposal for a regulation 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
Amendment 242 #
Proposal for a regulation 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 batteries for light means of transport 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 concerned.
Amendment 243 #
Proposal for a regulation Article 10 Amendment 244 #
Proposal for a regulation Article 10 – title 10 Performance and durability requirements for
Amendment 245 #
Proposal for a regulation Article 10 – paragraph 1 – introductory part 1. From [12 months after entry into force of the Regulation], rechargeable industrial batteries
Amendment 246 #
Proposal for a regulation Article 10 – paragraph 1 – introductory part 1. From [12 months after entry into force of the Regulation],
Amendment 247 #
Proposal for a regulation Article 10 – paragraph 1 – introductory part 1. From [
Amendment 248 #
Proposal for a regulation Article 10 – paragraph 1 – introductory part 1. From
Amendment 249 #
Proposal for a regulation Article 10 – paragraph 1 – subparagraph 1 The technical documentation of stationary storage batteries with internal storage and a nominal energy above 2 kWh referred to in
Amendment 250 #
Proposal for a regulation Article 10 – paragraph 1 – subparagraph 1 a (new) The information referred to in the first and second subparagraph regarding electric vehicle batteries shall be available to consumers prior to purchasing the vehicle.
Amendment 251 #
Proposal for a regulation Article 10 – paragraph 1 a (new) 1 a. The Commission is empowered to adopt delegated acts in accordance with Article 73 to amend the electrochemical performance and durability parameters laid down in Annex IV in view of technical, scientific progress and, for the electric vehicle batteries with internal storage and nominal energy above 2 kWh, to align them with the Global Technical Regulations of The United Nations on in vehicle battery durability (UNECE GTRs).
Amendment 252 #
Proposal for a regulation Article 10 – paragraph 1 a (new) 1 a. By 1 January 2026, the real-life performance and durability of rechargeable industrial batteries and electric vehicle batteries shall be available via the publicly available part of the electronic exchange system as set out in Article 64 and Annex XIII.
Amendment 253 #
Proposal for a regulation Article 10 – paragraph 1 b (new) 1 b. In preparing the delegated act referred to in the second subparagraph, the Commission shall ensure that no excessive administrative burden shall be imposed on manufacturers of the batteries and the appliances concerned.
Amendment 254 #
Proposal for a regulation Article 10 – paragraph 2 2. From 1 January 2026, rechargeable industrial batteries and electric vehicle batteries with internal storage and a capacity above 2 kWh shall meet the minimum values laid down in the delegated act adopted by the Commission pursuant to paragraph 3 for the electrochemical performance and durability parameters set out in Part A of Annex IV.
Amendment 255 #
Proposal for a regulation Article 10 – paragraph 2 2. From
Amendment 256 #
Proposal for a regulation Article 10 – paragraph 2 2. From 1 January 2026,
Amendment 257 #
Proposal for a regulation Article 10 – paragraph 3 – introductory part 3. By 31 December 2024, the Commission
Amendment 258 #
Proposal for a regulation Article 11 – title Removability, replaceability and rep
Amendment 259 #
Proposal for a regulation Article 11 – title Removability and replaceability of
Amendment 260 #
Proposal for a regulation Article 11 – paragraph -1 (new) Amendment 261 #
Proposal for a regulation Article 11 – paragraph 1 – introductory part 1. Portable batteries incorporated in appliances and batteries for light means of transport shall be readily removable and replaceable by the end-user
Amendment 262 #
Proposal for a regulation Article 11 – paragraph 1 – introductory part 1. Portable batteries incorporated in appliances shall be readily removable and replaceable by
Amendment 263 #
Proposal for a regulation Article 11 – paragraph 1 – introductory part 1. Portable batteries incorporated in appliances and light means of transport, shall be readily removable and replaceable by the end-user or by independent operators
Amendment 264 #
Proposal for a regulation Article 11 – paragraph 1 – introductory part 1.
Amendment 265 #
Proposal for a regulation Article 11 – paragraph 1 – subparagraph 1 A battery is readily replaceable where, after its removal from an appliance or light mean of transport, it can be substituted by a
Amendment 266 #
Proposal for a regulation Article 11 – paragraph 1 – subparagraph 1 A battery is
Amendment 267 #
Proposal for a regulation Article 11 – paragraph 1 – subparagraph 1 A battery is readily replaceable where, after its removal from an appliance, it can be substituted by a
Amendment 268 #
Proposal for a regulation Article 11 – paragraph 1 – subparagraph 1 A battery is readily replaceable where, after its removal from an appliance, it can be substituted by a similar battery, without affecting the functioning
Amendment 269 #
Proposal for a regulation Article 11 – paragraph 1 – subparagraph 1 a (new) Portable batteries, including batteries powering light means of transport, shall be available as spare part of the equipment they power, for a minimum of 10 years after placing the last unit of the model on the market, with a reasonable and non-discriminatory price for independant personnel and end users. The manufacturer shall ensure the delivery of the spare battery within 15 working days after having received the order.
Amendment 270 #
Proposal for a regulation Article 11 – paragraph 1 – subparagraph 1 a (new) The economic operator placing the battery on the market shall make information available where such independent operators are established in the respective Member State
Amendment 271 #
Proposal for a regulation Article 11 – paragraph 1 – subparagraph 1 b (new) Detailed instructions for end users to safely remove and replace portable batteries, including battery powering light means of transport, must be made available by the manufacturer, on paper with the new equipment, and permanently online on their website.
Amendment 272 #
Proposal for a regulation Article 11 – paragraph 1 – subparagraph 1 c (new) Software shall not be used to impinge the replacement of a portable battery or of their key components with another compatible battery or key components.
Amendment 273 #
Proposal for a regulation Article 11 – paragraph 1 – subparagraph 1 d (new) Batteries powering light means of transport shall be designed so that the replacement of modules or other key components of the battery can be done without destroying the battery.
Amendment 274 #
Proposal for a regulation Article 11 – paragraph 2 Amendment 275 #
Proposal for a regulation Article 11 – paragraph 2 – point a (a) continuity of power supply is necessary and a permanent connection between the appliance and the portable battery is required for safety,
Amendment 276 #
Proposal for a regulation Article 11 – paragraph 2 – point b Amendment 277 #
Proposal for a regulation Article 11 – paragraph 2 – point b a (new) (b a) In these cases, the products shall be equipped with an easily understandable label informing about the non- replaceability of the battery and the batteries' expected lifetime.
Amendment 278 #
Proposal for a regulation Article 11 – paragraph 2 – point b a (new) (b a) Batteries made for mass consumption must be easily replaceable. The exemption laid down in 2(b) shall only be applicable as of 1 January 2026.
Amendment 279 #
Proposal for a regulation Article 11 – paragraph 2 – point b a (new) (b a) For products falling under the exemptions in paragraph 2, clear product information should illustrate to consumers that the device contains a non- replaceable battery.
Amendment 280 #
Proposal for a regulation Article 11 – paragraph 2 a (new) 2 a. the novelty of the application requires a fixed connection to the battery and does not allow for a removable battery to guarantee its proper functioning
Amendment 281 #
Proposal for a regulation Article 11 – paragraph 3 3.
Amendment 282 #
Proposal for a regulation Article 11 a (new) Article 11 a Removability and replaceability of EV and industrial batteries and of key components enabling their use 1. EV batteries shall be removable and replaceable by professional repairers. 2. EV and industrial batteries shall be modular in design so that the control electronics or battery modules can be replaced by accredited professional repairers. 3. EV and industrial batteries shall be designed so that the replacement of modules or other key components like connectors or fuse can be done without destroying the battery. 3. Detailed instructions for professional repairers to safely remove and replace EV batteries or battery modules must be made available by the manufacturer, on paper with the new vehicle, and permanently online on the EV producer’s website. 4. Detailed instructions for professional repairers to safely remove and replace key components of industrial batteries or modules composing an industrial battery must be made available by the manufacturer, on paper with the new industrial battery, and permanently online on the producers' website. 5. Software must not be used to impinge the replacement of a EV or industrial battery or their key components with another compatible battery or key components.
Amendment 283 #
Proposal for a regulation Article 11 a (new) Article 11 a Common chargers From 1 January 2026, rechargeable batteries designed for electric vehicles and light means of transport, as well as rechargeable batteries incorporated into specific categories of electrical and electronic equipment covered by Directive 2012/19/EU, shall be charged by making use of common chargers. The Commission is empowered to adopt, no later than by 31 December 2024, a delegated act in accordance with Article 73 determining the categories of products and equipment to which this Article shall apply. When adopting the delegated act referred to in paragraph 2, the Commission shall take into account the size of the market, the reduction of waste, and the reduction of costs for consumers and other end- users.
Amendment 284 #
Proposal for a regulation Article 11 a (new) Article 11 a Common chargers Rechargeable batteries of light means of transport within certain categories or classes shall be constructed in a way that they comply with common chargers as of 1 January 2026. The Commission shall, by 31 December 2024, adopt delegated acts to establish harmonised specifications regarding categories or classes of light means of transport and common chargers. Those delegated acts shall be adopted in accordance with the procedure referred to in Article 73.
Amendment 285 #
Proposal for a regulation Article 11 b (new) Amendment 286 #
Proposal for a regulation Article 12 – paragraph 1 1. Stationary battery energy storage systems shall be accompanied by technical documentation easily understandable demonstrating that they are safe during their normal operation and use, including evidence that they have been successfully tested for the safety parameters laid down in Annex V, for which state-of-the-art testing methodologies should be used.
Amendment 287 #
Proposal for a regulation Article 13 – paragraph 5 – point a (a) from
Amendment 288 #
Proposal for a regulation Article 13 – paragraph 5 – point b (b) from
Amendment 289 #
Proposal for a regulation Article 13 – paragraph 5 – point f (f) from
Amendment 290 #
Proposal for a regulation Article 13 – paragraph 5 – point g (g) from
Amendment 291 #
Proposal for a regulation Article 13 – paragraph 6 6. Labels and QR code referred to in paragraphs 1 to 5 shall be printed or engraved visibly, legibly
Amendment 292 #
Proposal for a regulation Article 13 – paragraph 6 6. Labels and QR code referred to in paragraphs 1 to 5 shall be printed or engraved visibly, legibly and indelibly on the battery. Where this is not possible or not warranted on account of the nature and size of the battery, labels shall be affixed to the packaging and to the documents accompanying the battery. For portable batteries, including batteries powering light means of transport, industrial batteries and EV batteries, the QR code shall provide access to the battery passport as described in Article 65.
Amendment 293 #
Proposal for a regulation Article 13 – paragraph 6 6.
Amendment 294 #
Proposal for a regulation Article 13 – paragraph 6 6. Labels and QR code referred to in paragraphs 1 to 5 shall be
Amendment 295 #
Proposal for a regulation Article 14 – paragraph 1 1.
Amendment 296 #
Proposal for a regulation Article 14 – paragraph 1 1. Rechargeable industrial batteries
Amendment 297 #
Proposal for a regulation Article 14 – paragraph 1 1. Rechargeable industrial batteries
Amendment 298 #
Proposal for a regulation Article 14 – paragraph 1 1. Rechargeable industrial batteries and electric vehicle batteries with internal storage and a capacity above 2 kWh as well as batteries powering light means of transport shall include a battery management system containing data on the parameters for determining the state of health and expected lifetime of batteries as laid down in Annex VII.
Amendment 299 #
Proposal for a regulation Article 14 – paragraph 1 1.
Amendment 300 #
Proposal for a regulation Article 14 – paragraph 2 – introductory part 2. Access to the read only data in the battery management system referred to in paragraph 1 shall be provided
Amendment 301 #
Proposal for a regulation Article 14 – paragraph 2 – introductory part 2. Access to read-only the data in the battery management system referred to in paragraph 1 shall be provided on a non- discriminatory basis to the legal or natural person who has legally purchased the battery or any third party acting on their behalf at any time for the purpose of:
Amendment 302 #
Proposal for a regulation Article 14 – paragraph 2 – point b (b) facilitating the reuse, prep
Amendment 303 #
Proposal for a regulation Article 14 – paragraph 2 a (new) 2a. Portable batteries of general use (for bicycles, for example) and automotive batteries shall be marked with a label containing the information on their guaranteed minimum performance, guaranteed minimum durability, average lifespan and the standard deviation when used in specific applications. The label must indicate if the battery is produced or recycled in the Union. It must also instruct end-users on how to dispose of batteries.
Amendment 304 #
Proposal for a regulation Article 14 – paragraph 2 a (new) Amendment 305 #
Proposal for a regulation Article 14 – paragraph 3 Amendment 306 #
Proposal for a regulation Article 14 – paragraph 3 a (new) 3 a. The Commission is empowered to adopt delegated acts in accordance with Article 73 to determine the state of health and expected lifetime of batteries for the electric vehicle batteries with internal storage and nominal energy above 2 kWh, in line with the UNECE GTR on Electric Vehicles and the Environment. In preparing the delegated act referred to in the second subparagraph, the Commission shall ensure that no excessive administrative burden shall be imposed on manufacturers of the batteries and the appliances concerned.
Amendment 307 #
Proposal for a regulation Article 15 – paragraph 2 2. Batteries which are tested following harmonised standards or parts thereof, or common specifications as referred to in Article 16, the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements referred to in Articles 9, 10, 13 and 59(5)(a) to the extent that those requirements are covered by such harmonised standards, or common specifications referred to in Article 16.
Amendment 308 #
Proposal for a regulation Article 15 – paragraph 2 Amendment 309 #
Proposal for a regulation Article 15 – paragraph 2 2. Batteries which are tested following harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements referred to in Articles 9, 10, 13 and 59(5)(a) to the extent that those requirements are covered by such harmonised standards or parts thereof.
Amendment 310 #
Proposal for a regulation Article 15 – paragraph 2 a (new) 2 a. By 01 January 2026, the Commission shall adopt delegated acts in order to determine the exceptions from the Article 15(2) for the destructive tests and its parameters for batteries where such tests have unproportioned costs, especially for manufacturers of small series of models. 3. Batteries which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements set out in Article 12 to the extent that those requirements are covered by such harmonised standards or parts thereof.
Amendment 311 #
Proposal for a regulation Article 15 – paragraph 2 b (new) 2 b. For portable batteries, the conformity assessment procedure will apply to the portable batteries of general use as defined in art. 2(8) of this Regulation.
Amendment 312 #
Proposal for a regulation Article 15 – paragraph 3 3. Batteries which are in conformity with harmonised standards or parts thereof, or common specifications referred to in Article 16, the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements set out in Article 12 to the extent that those requirements are covered by such harmonised standards or common specification.
Amendment 313 #
Proposal for a regulation Article 15 – paragraph 3 3. Batteries which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements set out in Article 12 to the extent that those requirements or parts thereof are covered by such harmonised standards.
Amendment 314 #
Proposal for a regulation Article 16 – paragraph 1 – introductory part 1. The Commission shall actively support the work of European enterprises in international standardisation committees. In exceptional cases, after consulting relevant stakeholders, and after having requested one or more European standardisation organisations to draft EU standards, the Commission shall be empowered to adopt implementing acts laying down common specifications for the requirements set out in Articles 9, 10, 12, 13, 59(5)(a) or tests referred to in Article 15(2), where:
Amendment 315 #
Proposal for a regulation Article 16 – paragraph 1 – introductory part 1. The Commission, after consulting recognised European standards organisations, shall be empowered to adopt implementing acts laying down common specifications for the requirements set out in Articles 9,
Amendment 316 #
Proposal for a regulation Article 16 – paragraph 1 – introductory part 1. The Commission shall be empowered to adopt
Amendment 317 #
Proposal for a regulation Article 16 – paragraph 1 – point b (b) the Commission, after conducting dialogues with relevant stakeholders and standardisation organisations, observes undue delays in the adoption of requested harmonised standards, or considers that relevant harmonised standards are not sufficient; or
Amendment 318 #
Proposal for a regulation Article 16 – paragraph 1 – point b (b) the Commission
Amendment 319 #
Proposal for a regulation Article 16 – paragraph 1 – point b (b) the Commission observes undue delays in the adoption of requested harmonised standards
Amendment 320 #
Proposal for a regulation Article 16 – paragraph 1 – point b (b) In the
Amendment 321 #
Proposal for a regulation Article 16 – paragraph 1 – point c Amendment 322 #
Proposal for a regulation Article 16 – paragraph 1 – subparagraph 1 Those implementing acts shall
Amendment 323 #
Proposal for a regulation Article 16 – paragraph 1 – subparagraph 1 Th
Amendment 324 #
Proposal for a regulation Article 16 – paragraph 1 – subparagraph 1 Those
Amendment 325 #
Proposal for a regulation Article 16 – paragraph 1 – subparagraph 1 a (new) In cases where the common specifications are found to have shortcomings, the Commission should by delegated act amend or repeal the common specifications in question.
Amendment 326 #
Proposal for a regulation Article 16 – paragraph 2 2. Batteries which are tested following common specifications or parts thereof
Amendment 327 #
Proposal for a regulation Article 16 – paragraph 2 2. Batteries which are tested following common specifications or parts thereof shall
Amendment 328 #
Proposal for a regulation Article 16 – paragraph 3 a (new) 3 a. Delegated acts referred to in paragraph 1 shall be repealed with the date of publication of harmonised standards, covering the requirements or tests referred to in paragraph 1, in the Official Journal of the European Union.
Amendment 329 #
Proposal for a regulation Article 17 – paragraph 1 1. Before a new battery model is placed on the market or put it into service, the manufacturer or its authorised representative shall ensure that an assessment of the product’s conformity with the requirements of Chapters II and III of this Regulation is carried out.
Amendment 330 #
Proposal for a regulation Article 17 – paragraph 1 1. Before a new battery model is placed on the market or put it into service, the manufacturer or its authorised representative shall ensure that an assessment of the product’s conformity with the requirements of Chapters II and III of this Regulation is carried out.
Amendment 331 #
Proposal for a regulation Article 17 – paragraph 1 a (new) 1 a. A portable battery model is to be considered a new model when the battery specification changes by more than 0,1g or 20% mass, whichever is greater, for the cathode, anode or electrolyte.
Amendment 332 #
Proposal for a regulation Article 17 – paragraph 1 b (new) 1 b. Other than portable battery type model shall be considered a new model when the change is substantial and there is a potential risk of the change in the battery performance or characteristics related to the requirements of Chapters II and III of this Regulation.
Amendment 333 #
Proposal for a regulation Article 17 – paragraph 2 2.
Amendment 334 #
Proposal for a regulation Article 17 – paragraph 2 2. Conformity assessment of batteries with the requirements set out in Articles 6, 9, 1
Amendment 335 #
Proposal for a regulation Article 17 – paragraph 3 3. Conformity assessment of batteries with requirements set out in Articles 7, 8 and 39 shall be carried out in accordance with the procedure set out in Part B of Annex VIII, if applicable.
Amendment 336 #
Proposal for a regulation Article 17 – paragraph 3 3. Conformity assessment of batteries with requirements set out in Articles 7, 8, 10, 12 and 39 shall be carried out in accordance with the procedure set out in Part B of Annex VIII.
Amendment 337 #
Proposal for a regulation Article 17 – paragraph 4 4. The Commission is empowered to adopt delegated acts in accordance with Article 73 to amend Annex VIII by
Amendment 338 #
Proposal for a regulation Article 17 – paragraph 5 5. Records and correspondence relating to the conformity assessment procedures of batteries shall be drawn up in
Amendment 339 #
Proposal for a regulation Article 17 – paragraph 5 5. Records and correspondence relating to the conformity assessment of batteries shall be drawn up in an official language of the Member State where the notified body carrying out the conformity assessment procedures
Amendment 340 #
Proposal for a regulation Article 17 – paragraph 5 a (new) Amendment 341 #
Proposal for a regulation Article 18 – paragraph 2 2. The EU declaration of conformity shall have the model structure set out in Annex IX, shall contain the elements specified in the relevant modules set out in Annex VIII and shall be
Amendment 342 #
Proposal for a regulation Article 18 – paragraph 2 2. The EU declaration of conformity must be able to be filled electronically and shall have the model structure set out in Annex IX, shall contain the elements specified in the relevant modules set out in Annex VIII and shall be continuously updated. It shall be translated into the language or languages required by the Member State in which the battery is placed or made available on the market or put into service.
Amendment 343 #
Proposal for a regulation Article 18 – paragraph 3 a (new) 3 a. This provision shall apply for 24 months, after the Commission has published the list of notified bodies as provided in Article 30.
Amendment 344 #
Proposal for a regulation Article 18 – paragraph 3 a (new) 3 a. By drawing up the EU declaration of conformity, the manufacturer shall assume responsibility for the compliance of the product.
Amendment 345 #
Proposal for a regulation Article 18 – paragraph 3 a (new) 3 a. This provision shall apply 18 months after the date of publication by the Commission of the list of notified bodies.
Amendment 346 #
Proposal for a regulation Article 20 – paragraph 3 3. The CE marking shall be followed by the identification number of the notified body
Amendment 347 #
Proposal for a regulation Article 20 – paragraph 5 5. Member States shall build upon existing mechanisms to ensure correct application of the regime governing the CE marking and shall take appropriate action, carrying out audits and imposing sanctions, in the event of improper use of that marking.
Amendment 348 #
Proposal for a regulation Article 20 – paragraph 5 a (new) 5 a. This provision shall apply for 24 months, after the Commission has published the list of notified bodies as provided in Article 30.
Amendment 349 #
Proposal for a regulation Article 20 – paragraph 5 a (new) 5 a. This provision shall apply 18 months after the date of publication by the Commission of the list of notified bodies.
Amendment 350 #
Proposal for a regulation Article 22 – paragraph 1 1. Member States shall designate a notifying authority that shall be responsible for setting up and carrying out the necessary procedures for the assessment and notification of conformity assessment bodies and the monitoring of notified bodies, including compliance with Article 2
Amendment 351 #
Proposal for a regulation Article 23 – paragraph 1 Amendment 352 #
Proposal for a regulation Article 23 – paragraph 1 a (new) 1 a. A notifying authority shall be established in such a way that no conflict of interest with conformity assessment bodies occurs. A notifying authority shall be organised and operated so as to safeguard the objectivity and impartiality of its activities.
Amendment 353 #
Proposal for a regulation Article 23 – paragraph 4 4. A notifying authority shall safeguard the confidentiality of the information it obtains. However, it
Amendment 354 #
Proposal for a regulation Article 23 – paragraph 5 5. A notifying authority shall have a sufficient number of competent personnel and sufficient funding at its disposal for the proper performance of its tasks.
Amendment 355 #
Proposal for a regulation Article 25 – paragraph 3 3. A conformity assessment body shall be a third-party body independent from any and all business ties and from the batter
Amendment 356 #
Proposal for a regulation Article 25 – paragraph 4 – introductory part 4. A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment tasks shall not be the designer, manufacturer, supplier, installer, importer, distributor, purchaser, owner, user or maintainer of the batteries which they assess, nor the authorised representative of any of those parties. This shall not preclude the use of batteries that are necessary for the operations of the conformity assessment body or the use of batteries for personal purposes.
Amendment 357 #
Proposal for a regulation Article 25 – paragraph 4 – introductory part 4. A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment tasks shall not be the designer, manufacturer, supplier, importer, distributor, installer, purchaser, owner, user or maintainer of the batteries which they assess, nor the authorised representative of
Amendment 358 #
Proposal for a regulation Article 25 – paragraph 4 – subparagraph 2 a (new) The conformity assessment body shall ensure rotation between the responsible personnel carrying out the conformity assessment tasks.
Amendment 359 #
Proposal for a regulation Article 25 – paragraph 6 – introductory part 6. A conformity assessment body shall be capable of carrying out all the conformity assessment
Amendment 360 #
Proposal for a regulation Article 25 – paragraph 6 – introductory part 6. A conformity assessment body shall be capable of carrying out all the conformity assessment
Amendment 361 #
Proposal for a regulation Article 25 – paragraph 6 – subparagraph 1 – point a (a) in-house personnel with technical knowledge and sufficient and appropriate experience to perform the conformity assessment
Amendment 362 #
Proposal for a regulation Article 25 – paragraph 6 – subparagraph 1 – point a (a) in-house personnel with technical knowledge and sufficient and appropriate experience to perform the conformity assessment
Amendment 363 #
Proposal for a regulation Article 25 – paragraph 6 – subparagraph 1 – point c (c) appropriate policies and procedures to distinguish between activities that it carries out as a notified body and other
Amendment 364 #
Proposal for a regulation Article 25 – paragraph 6 – subparagraph 1 – point c (c) appropriate policies and procedures to distinguish between activities that it carries out as a notified body and other
Amendment 365 #
Proposal for a regulation Article 25 – paragraph 6 – subparagraph 2 A conformity assessment body shall at all times have access to all the information, testing equipment or facilities needed for each conformity assessment procedure and each battery model in relation to which it has been notified.
Amendment 366 #
Proposal for a regulation Article 25 – paragraph 7 – point c (c) appropriate knowledge and understanding of the requirements set out in Chapters II and III, of the due diligence standards established in Article 39, of the applicable harmonised standards referred to in Article 15 and common specifications referred to
Amendment 367 #
Proposal for a regulation Article 25 – paragraph 8 – introductory part 8. The impartiality of a conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment
Amendment 368 #
Proposal for a regulation Article 25 – paragraph 8 – subparagraph 1 The remuneration of the top level management and the personnel responsible for carrying out the conformity assessments
Amendment 369 #
Proposal for a regulation Article 25 – paragraph 10 10. The personnel of a conformity assessment body shall observe professional secrecy with regard to all information obtained in carrying out the conformity assessment
Amendment 370 #
Proposal for a regulation Article 25 – paragraph 11 11. A conformity assessment body shall participate in, or ensure that its personnel responsible for carrying out the conformity assessment
Amendment 371 #
Proposal for a regulation Article 25 – paragraph 11 11. A conformity assessment body shall participate in, or ensure that its personnel responsible for carrying out the conformity assessment activities are informed of, the relevant standardisation activities and the
Amendment 372 #
Proposal for a regulation Article 26 – paragraph 1 Where a conformity assessment body demonstrates its conformity with the criteria laid down in the relevant harmonised standards or parts thereof, or in the common specifications referred to in Article 16, the references of which have been published in the Official Journal of the European Union it shall be presumed to comply with the requirements set out in Article 25 in so far as the applicable harmonised standards or common specifications cover those requirements.
Amendment 373 #
3. Activities may be subcontracted or carried out by a subsidiary only with the agreement of the client. The establishment and the supervision of internal procedures, general policies, codes of conduct or other internal rules, the assignment of personnel to specific tasks and the decision on certification, which may not be delegated to a subcontractor or a subsidiary.
Amendment 374 #
Proposal for a regulation Article 28 – paragraph 2 2. The application for notification shall be accompanied by a description of the conformity assessment activities, of the conformity assessment module or modules set out in Annex VIII and of the battery model for which the conformity assessment body claims to be competent, a
Amendment 375 #
Proposal for a regulation Article 29 – paragraph 5 5. The conformity assessment body concerned may perform the activities of a notified body only where no objections are raised by the Commission or the other Member States within two weeks of the notification where it includes an accreditation certificate referred to in Article 28(2) or within two months of the notification where it includes documentary evidence referred to in
Amendment 376 #
Proposal for a regulation Article 32 – paragraph 4 4. Where the Commission ascertains that a notified body does not meet or no longer meets the requirements for its notification, it shall adopt an implementing act requ
Amendment 377 #
Proposal for a regulation Article 32 – paragraph 4 4. Where the Commission ascertains
Amendment 378 #
Proposal for a regulation Article 33 – paragraph 2 – introductory part 2. A notified body shall perform its activities in a proportionate manner, avoiding unnecessary burdens for economic operators, in particular small and medium-sized enterprises, and taking due account of the size of an undertaking, the sector in which the undertaking operates, the structure of the undertaking, the degree of complexity of the battery to be assessed and the mass or serial nature of the production process.
Amendment 379 #
Proposal for a regulation Article 33 – paragraph 2 – introductory part 2. A notified body shall
Amendment 380 #
Proposal for a regulation Article 33 – paragraph 3 3. Where a notified body finds that the requirements set out in Chapters II
Amendment 381 #
Proposal for a regulation Article 33 – paragraph 3 3. Where a notified body finds that the requirements set out in Chapters II
Amendment 382 #
Proposal for a regulation Article 33 – paragraph 4 4. Where, in the course of the monitoring of conformity following the issue of a certificate of conformity or the adoption of an approval decision, a notified body finds that a battery no longer complies, it shall require the manufacturer to take appropriate corrective
Amendment 383 #
Proposal for a regulation Article 33 – paragraph 5 5. Where corrective
Amendment 384 #
Proposal for a regulation Article 35 – paragraph 2 2. A notified body shall provide other bodies notified
Amendment 385 #
Proposal for a regulation Article 36 – title 36 Exchange of experience and good practices
Amendment 386 #
Proposal for a regulation Article 36 – paragraph 1 The Commission shall provide for the organisation of exchange of experience and good practices between the Member States’ national authorities responsible for notification policy.
Amendment 387 #
Proposal for a regulation Article 37 – paragraph 1 The Commission shall ensure that appropriate coordination and cooperation between bodies notified
Amendment 388 #
Proposal for a regulation Article 38 – paragraph 1 – introductory part 1. When placing a new battery model on the market or putting it into service, including for the manufacturers’ own purposes, manufacturers shall ensure that the battery:
Amendment 389 #
Proposal for a regulation Article 38 – paragraph 4 – introductory part 4.
Amendment 390 #
Proposal for a regulation Article 38 – paragraph 6 6. Manufacturers shall ensure that procedures are in place for a battery that is part of a series production to remain in conformity with this Regulation. Changes in the production process or in battery design or characteristics and changes in the harmonised standards referred to in article 15, common specifications referred to in Article 16 or other technical specifications by reference to which the conformity of the battery is declared or by application of which its conformity is verified shall
Amendment 391 #
Proposal for a regulation Article 38 – paragraph 7 Amendment 392 #
Proposal for a regulation Article 38 – paragraph 8 8. Manufacturers shall indicate their name, registered trade name or registered trade mark, contact email and phone number, as well and the postal address and web address at which they can be contacted on the packaging of the battery. The postal address shall indicate a single point at which the manufacturer can be contacted. Such information shall be in a language easily understood by end-users and market surveillance authorities and shall be clear, understandable and legible.
Amendment 393 #
Proposal for a regulation Article 38 – paragraph 8 8. Manufacturers shall indicate their name, registered trade name or registered trade mark
Amendment 394 #
Proposal for a regulation Article 39 – title 39 Obligation for economic operators that place
Amendment 395 #
39 Obligation for economic operators that place
Amendment 396 #
Proposal for a regulation Article 39 – title Obligation for economic operators that place
Amendment 397 #
Proposal for a regulation Article 39 – title 39 Obligation for economic operators that place
Amendment 398 #
Proposal for a regulation Article 39 – paragraph 1 1. As of [12 months after the entry into force of the Regulation] the economic operator that places
Amendment 399 #
Proposal for a regulation Article 39 – paragraph 1 1. As of [12 months after the entry into force of the Regulation] the economic operator that places
Amendment 400 #
Proposal for a regulation Article 39 – paragraph 1 1. As of [12 months after the entry into force of the Regulation] the economic operator that places
Amendment 401 #
Proposal for a regulation 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, portable batteries and electric- vehicle batteries with internal storage and a capacity above 2
Amendment 402 #
Proposal for a regulation 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, portable batteries, automotive batteries and electric-vehicle batteries with internal storage and a capacity above 2 kWh 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 403 #
Proposal for a regulation Article 39 – paragraph 1 1. As of
Amendment 404 #
Proposal for a regulation Article 39 – paragraph 1 1. As of [1
Amendment 405 #
Proposal for a regulation Article 39 – paragraph 2 – point a (a) adopt, and clearly communicate to suppliers and the public, a company due diligence policy for the supply chain of batteries and raw materials indicated in Annex X, point 1, as well as for other associated environmental and human rights risks along the entire supply chain;
Amendment 406 #
Proposal for a regulation Article 39 – paragraph 2 – point a (a) adopt, and clearly communicate to suppliers and the public, a company policy for the
Amendment 407 #
Proposal for a regulation Article 39 – paragraph 2 – point a (a) adopt, and clearly communicate to
Amendment 408 #
Proposal for a regulation Article 39 – paragraph 2 – point a a (new) (a a) adopt, and clearly communicate to the public, a company policy for the manufacturing of batteries and all related business operations;
Amendment 409 #
Proposal for a regulation Article 39 – paragraph 2 – point b (b) incorporate in its
Amendment 410 #
Proposal for a regulation Article 39 – paragraph 2 – point b (b) incorporate in its supply chain policy standards consistent with the standards set out in the
Amendment 411 #
(b) incorporate in its supply chain policy standards consistent with the standards set out in the model supply chain policy in
Amendment 412 #
Proposal for a regulation Article 39 – paragraph 2 – point c (c) structure its respective internal management systems to support
Amendment 413 #
Proposal for a regulation Article 39 – paragraph 2 – point d – introductory part (d) establish and operate a system of controls and transparency over the supply chain, including a chain of custody or traceability system
Amendment 414 #
Proposal for a regulation Article 39 – paragraph 2 – point d – introductory part (d) establish and operate a system of controls and transparency over the supply chain, including a chain of custody or traceability system
Amendment 415 #
Proposal for a regulation Article 39 – paragraph 2 – point d – paragraph 1 – point i (i) description of the raw material, including its trade name and type, as well as of services, hard and software as indicated in Annex X point 2;
Amendment 416 #
Proposal for a regulation Article 39 – paragraph 2 – point d – paragraph 1 – point ii (ii) name and address of the supplier that supplied the raw material present in the batteries, as well as of services, hard and software as indicated in Annex X point 2, to the economic operator that places on the market the batteries containing the raw material in question;
Amendment 417 #
Proposal for a regulation Article 39 – paragraph 2 – point d – paragraph 1 – point iii (iii) country of origin of the raw material
Amendment 418 #
Proposal for a regulation Article 39 – paragraph 2 – point d – paragraph 1 – point iv (iv) quantities of the raw material present in the battery models placed on the market, expressed in percentage or weight.
Amendment 419 #
Proposal for a regulation Article 39 – paragraph 2 – point d – paragraph 2 Amendment 420 #
Proposal for a regulation Article 39 – paragraph 2 – point d – paragraph 2 Amendment 421 #
Proposal for a regulation Article 39 – paragraph 2 – point d – paragraph 2 The requirements set out in
Amendment 422 #
Proposal for a regulation Article 39 – paragraph 2 – point e (e) incorporate its
Amendment 423 #
Proposal for a regulation Article 39 – paragraph 2 – point f (f) establish a grievance mechanism as an early-warning risk-awareness
Amendment 424 #
Proposal for a regulation Article 39 – paragraph 2 – point f (f) establish a grievance mechanism as an early-warning risk-awareness system as well as remediation mechanism for harm or provide such mechanism through collaborative arrangements with other economic operators or organisations, or by facilitating recourse to an external expert or body, such as an ombudsman.
Amendment 425 #
Proposal for a regulation Article 39 – paragraph 2 – point f a (new) (f a) consult with potentially affected right holders and non-governmental organisations active in the field for the establishment of the grievance mechanism and report about this in a transparent manner;
Amendment 426 #
Proposal for a regulation Article 39 – paragraph 3 – point a (a) identify and assess the adverse impacts associated to the risk categories listed in Annex X, point 2, in its
Amendment 427 #
Proposal for a regulation Article 39 – paragraph 3 – point a (a) identify and assess the adverse impacts associated to the risk categories including amongst others the ones listed in Annex X, point 2, in its supply chain on the basis of the information provided pursuant to paragraph 2, as well as any further relevant information that may be either publicly available or be provided by third parties, including potentially affected communities or relevant civil society organisations, against the standards of their supply chain policy;
Amendment 428 #
Proposal for a regulation Article 39 – paragraph 3 – point b – introductory part (b) implement a strategy to respond to the identified risks designed so as to prevent
Amendment 429 #
Proposal for a regulation Article 39 – paragraph 3 – point b – point i (i) reporting findings of the
Amendment 430 #
Proposal for a regulation Article 39 – paragraph 3 – point b – point ii (ii) adopting risk management measures consistent with
Amendment 431 #
Proposal for a regulation Article 39 – paragraph 3 – point b – point ii (ii) adopting risk management measures consistent with
Amendment 432 #
Proposal for a regulation 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 supplier and further business partners after failed attempts at mitigation, based on relevant contractual arrangements in line with the second subparagraph to paragraph 2 above;
Amendment 433 #
Proposal for a regulation 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
Amendment 434 #
Proposal for a regulation Article 39 – paragraph 3 – subparagraph 1 I
Amendment 435 #
Proposal for a regulation Article 39 – paragraph 3 – subparagraph 1 I
Amendment 436 #
Proposal for a regulation 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 sh
Amendment 437 #
Proposal for a regulation 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
Amendment 438 #
Proposal for a regulation 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
Amendment 439 #
Proposal for a regulation Article 39 – paragraph 3 – subparagraph 3 a (new) The economic operator referred to in paragraph 1 shall have their value chain due diligence policies and processes supervised and verified by the relevant competent national authority which shall: (a) supervise whether economic operators comply with their due diligence requirements as set out in this Regulation; (b) include in its supervision all activities, processes and systems used by economic operators to implement their value chain due diligence requirements in accordance with paragraphs 2, 3 and 5; as well as, where relevant, carry out checks on undertakings and interviews with affected or potentially affected stakeholders or their representatives; (c) have as its objective the determination of conformity of the value chain due diligence practices of economic operators placing batteries on the market with paragraphs 2, 3 and 5; (d) make recommendations to the economic operators that place batteries on the market on how to improve their supply chain due diligence practices; (e) respect the audit principles of independence, competence and accountability, as set out in the OECD Due Diligence Guidance; (f) may order the temporary suspension of activities or a ban on the operation in the internal market, if the failure to comply with this Regulation could directly lead to irreparable harm. (If this amendment is adopted, Article 39(4) of the Commission proposal should be deemed to be deleted.)
Amendment 440 #
Proposal for a regulation Article 39 – paragraph 6 – introductory part 6. The economic operator referred to in paragraph 1 shall make available to its immediate downstream purchasers
Amendment 441 #
Proposal for a regulation Article 39 – paragraph 6 – introductory part 6. The economic operator referred to in paragraph 1 shall make available to its immediate downstream purchasers
Amendment 442 #
Proposal for a regulation Article 39 – paragraph 6 – subparagraph 1 The economic operator referred to in paragraph 1 shall on an annual basis,
Amendment 443 #
Proposal for a regulation Article 39 – paragraph 7 7.
Amendment 444 #
Proposal for a regulation Article 39 – paragraph 7 7. The Commission shall develop guidance as regards the application of the due diligence requirements defined in paragraphs 2 and 3 of this Article, with regard to the social and environmental risks referred to in Annex X, point 2, and particularly in line with the international instruments referred to in Annex X, point 3 and 4.
Amendment 445 #
Proposal for a regulation Article 39 – paragraph 8 – point a a (new) (a a) Amend the list of international instruments in Annex X in view of international progress;
Amendment 446 #
Proposal for a regulation Article 39 – paragraph 8 – point a b (new) (a b) The Commission shall, no later than [12 months after the entry into force of the Regulation], adopt an delegated act establishing the format for the social and environmental risk categories indicated in Annex X, point 2. That delegated act shall be adopted in accordance with the examination procedure referred to in Article74(3).
Amendment 447 #
Proposal for a regulation Article 39 – paragraph 8 – point b (b) amend the obligations on the economic operator referred to in paragraph 1 set out in paragraphs 2 to 4 in view of amendments to Regulation (EU) 2017/821 and changes to the due diligence recommendations set out in
Amendment 448 #
Proposal for a regulation Article 39 – paragraph 8 – point b a (new) (b a) specify conditions to recognise international tools or industry schemes that would allow to grant presumption of conformity with provisions under Article 39, pursuant to article 72(2).
Amendment 449 #
Proposal for a regulation Article 40 – paragraph 2 2. The designation shall constitute the authorised representative's mandate, it shall be valid only when accepted in writing by the authorised representative and shall be effective at least for
Amendment 450 #
Proposal for a regulation Article 40 – paragraph 4 – point b (b) keep the EU declaration of conformity and the
Amendment 451 #
Proposal for a regulation Article 40 – paragraph 4 – point c (c) further to a reasoned request from a national authority, provide that authority with all the information and technical documentation necessary to demonstrate the conformity of the battery. The technical documentation shall be provided in either paper or electronic format;
Amendment 452 #
Proposal for a regulation Article 41 – paragraph 2 – introductory part 2. Before placing a battery on the market or putting it into service, importers shall a) verify that the
Amendment 453 #
Proposal for a regulation Article 41 – paragraph 3 3. Importers shall indicate on the battery their name, registered trade name or registered trade mark,
Amendment 454 #
Proposal for a regulation Article 41 – paragraph 4 Amendment 455 #
Proposal for a regulation Article 41 – paragraph 6 6.
Amendment 456 #
Proposal for a regulation Article 41 – paragraph 7 7. Importers who consider or have reason to believe that a battery, which they have placed on the market or put into service, is not in conformity with the requirements set out in Chapters II and III, shall immediately take the corrective action necessary to bring that battery into conformity, to withdraw it or recall it, as appropriate. Furthermore, where importers are aware of the fact that the battery presents a risk,
Amendment 457 #
Proposal for a regulation Article 42 – paragraph 2 – point b (b) the battery bears the CE marking referred to in Article 19,
Amendment 458 #
Proposal for a regulation Article 42 – paragraph 2 – point d (d) the manufacturer and the importer have complied with the requirements set out in paragraphs 7, 9 and 10 of Article 38 and Article 41(3)
Amendment 459 #
Proposal for a regulation Article 42 – paragraph 5 5. Distributors who consider or have reason to believe that a battery, which they have made available on the market, is not in conformity with the requirements set out in Chapters II and III shall make sure that the corrective action necessary to bring that battery into conformity, to withdraw it or
Amendment 460 #
Proposal for a regulation Article 42 – paragraph 6 6. Distributors shall, further to a reasoned request from a national authority provide that authority with all the information and the technical documentation necessary to demonstrate the conformity of a battery with the requirements set out in Chapters II and III in a language that can be easily understood by that authority. That information and the technical documentation shall be provided in paper or electronic form. Distributors shall cooperate with the national authority, at its request, on any action taken to eliminate the risks posed by batteries that they have made available on the market.
Amendment 461 #
Proposal for a regulation Article 43 – paragraph 1 Fulfilment service providers, including online marketplaces, shall ensure that, for batteries that they handle, the conditions during warehousing, packaging, addressing or dispatching, do not jeopardise the batteries’ compliance with the requirements set out in Chapters II, III and
Amendment 462 #
Proposal for a regulation Article 44 – paragraph 1 – introductory part An importer or distributor shall be considered a manufacturer for the purposes of this Regulation and that importer or distributor shall be subject to the obligations of the manufacturer under Article
Amendment 463 #
Proposal for a regulation Article 44 – paragraph 1 – point a (a) a battery is placed on the market or put into service under that importer’s or
Amendment 464 #
Proposal for a regulation Article 44 – paragraph 1 – point b (b) a battery already placed on the market or put into service is modified by that importer or distributor in such a way that compliance with the requirements of this Regulation may be affected; or
Amendment 465 #
Proposal for a regulation Article 45 – paragraph 1 – point b (b) the identity of any economic operator to which they have supplied a battery
Amendment 466 #
Proposal for a regulation Article 60 – paragraph 1 – introductory part 1. Producers or
Amendment 467 #
Proposal for a regulation Article 60 – paragraph 1 – point a (a) the contribution of end users to waste prevention, including by information on good practices and the producer's safety recommendations concerning the use of batteries aiming at extending their use phase and the possibilities of preparation for reuse;
Amendment 468 #
Proposal for a regulation Article 60 – paragraph 1 – point b (b) the role of end users in contributing to the separate collection of waste batteries in accordance with their obligations under Article 51 so as to allow their treatment
Amendment 469 #
Proposal for a regulation Article 60 – paragraph 1 – point f a (new) (f a) for portable batteries, the deposit refund schemes established by Member States pursuant to Article 72a and information on the amount of the refund.
Amendment 470 #
Proposal for a regulation Article 60 – paragraph 1 – subparagraph 1 – point b (b) in a language, which can be easily understood by consumers
Amendment 471 #
Proposal for a regulation Article 60 – paragraph 1 – subparagraph 1 – point b (b) in a language, which can be easily
Amendment 472 #
Proposal for a regulation Article 60 – paragraph 4 4. Distributors that supply batteries to end-users shall provide in their retail premises, in a visible manner, and through their online marketplaces permanently and in a visible manner the information listed in paragraph 1 and 2, and information on how the end users may return waste batteries free of charge to the respective collection points established at retail outlets or on behalf of a marketplace. That obligation shall be limited to the types of batteries which the distributor or retailer has, or had, as new batteries in its offer.
Amendment 473 #
Proposal for a regulation Article 60 – paragraph 4 4. Distributors that supply batteries to end-users shall provide in their retail premises, in a visible manner and permanently, and through their online marketplaces the information listed in paragraph 1 and 2, and
Amendment 474 #
Proposal for a regulation Article 64 – paragraph 1 1.
Amendment 475 #
Proposal for a regulation Article 64 – paragraph 2 2. The system shall contain the
Amendment 476 #
Proposal for a regulation Article 64 – paragraph 3 3. The economic operators that place a
Amendment 477 #
Proposal for a regulation Article 64 – paragraph 5 – introductory part 5. The Commission shall, by 31 December 202
Amendment 478 #
Proposal for a regulation Article 64 – paragraph 5 – introductory part 5. The Commission shall, by 31 December 2024, adopt
Amendment 479 #
Proposal for a regulation Article 64 – paragraph 5 – point c (c) the rules for accessing, sharing, managing, exploring, publishing and reusing of the information and data in the system, including restricted levels of access (e.g for authorised actors, as defined under article 64 (4), as applicable.
Amendment 480 #
Proposal for a regulation Article 64 – paragraph 5 – subparagraph 1 Those
Amendment 481 #
Proposal for a regulation Article 65 – paragraph 1 1.
Amendment 482 #
Proposal for a regulation Article 65 – paragraph 1 1. By 1 January 2026, each portable battery including batteries powering light means of transport, industrial battery and electric vehicle battery placed on the market or put into service and whose capacity is higher than 2 kWh shall have an electronic record (“battery passport”).
Amendment 483 #
Proposal for a regulation Article 65 – paragraph 2 2. The battery passport shall be unique for each individual battery referred to in paragraph 1 and shall be
Amendment 484 #
Proposal for a regulation Article 65 – paragraph 2 2. The battery passport shall be unique for each
Amendment 485 #
Proposal for a regulation Article 65 – paragraph 3 3. The battery passport shall be linked
Amendment 486 #
Proposal for a regulation Article 65 – paragraph 3 3.
Amendment 487 #
Proposal for a regulation Article 65 – paragraph 3 3. The battery passport shall be linked to the information about the basic
Amendment 488 #
Proposal for a regulation Article 65 – paragraph 3 a (new) 3 a. For portable batteries, including batteries powering light means of transport, the battery passport should contain the information described in Article 13 (6) (a) to (d), (i) and (j), and updated information about the battery, linked to changes to its status.
Amendment 489 #
Proposal for a regulation Article 65 – paragraph 4 4.
Amendment 490 #
Proposal for a regulation Article 65 – paragraph 5 5.
Amendment 491 #
Proposal for a regulation Article 65 – paragraph 6 6. When the change in the status is due to re
Amendment 492 #
Proposal for a regulation Article 65 – paragraph 6 6. When the change in the status is due to repairing or prep
Amendment 493 #
Proposal for a regulation 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
Amendment 494 #
Proposal for a regulation Article 65 – paragraph 7 – introductory part 7. The Commission is empowered to adopt
Amendment 495 #
Proposal for a regulation Article 65 – paragraph 7 – introductory part 7. The Commission is empowered to adopt
Amendment 496 #
Those
Amendment 497 #
Proposal for a regulation Article 65 – paragraph 7 – subparagraph 1 Those
Amendment 498 #
Proposal for a regulation Article 66 – paragraph 1 – introductory part 1. Where the market surveillance authorities of one Member State have sufficient reason to believe that 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 Regulation.
Amendment 499 #
Proposal for a regulation Article 66 – paragraph 1 – introductory part 1. Where the market surveillance authorities of one Member State have sufficient reason to believe that 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
Amendment 500 #
Proposal for a regulation Article 66 – paragraph 1 – subparagraph 1 Where, in the course of the evaluation referred to in the first subparagraph, the market surveillance authorities find that the battery does not comply with the requirements laid down in this Regulation, they shall without delay require the relevant economic operator to take all appropriate corrective action to bring the battery into compliance with those
Amendment 501 #
Proposal for a regulation Article 66 – paragraph 1 a (new) 1 a. By [two years after the entry into force of this Regulation] the Commission shall adopt an implementing act determining the uniform conditions of checks, criteria for determination of the frequency of checks and amount of samples to be checked in accordance with Article 11(4) of Regulation (EU) 2019/1020.
Amendment 502 #
Proposal for a regulation Article 66 – paragraph 4 – introductory part 4.
Amendment 503 #
Proposal for a regulation Article 66 – paragraph 5 – point b (b) substantial shortcomings in the harmonised standards referred to in Article 15;
Amendment 504 #
Proposal for a regulation Article 66 – paragraph 5 – point c (c) substantial shortcomings in the common specifications referred to in Article 16.
Amendment 505 #
Proposal for a regulation Article 66 – paragraph 8 8. According to Regulation 2019/1020, Member States shall ensure that appropriate restrictive measures, such as withdrawal of the battery from the market, are taken in respect of the battery concerned without delay.
Amendment 506 #
Proposal for a regulation Article 66 – paragraph 8 a (new) 8 a. Consumers shall have the possibility to inform the Commission of batteries presenting a risk to consumer health and safety through a separate section of the Safety Gate portal.The Commission shall take in due consideration the information received and ensure follow up, where appropriate. The Commission, by means of an implementing act, shall adopt the modalities for the sending of information by consumers as well as for the transmission of such information to the concerned national authorities for possible follow up.
Amendment 507 #
Proposal for a regulation Article 67 – paragraph 1 – introductory part 1. Where, on completion of the procedure set out in Article 66(3) and (4), objections are raised against a measure taken by a Member State, or where the Commission considers a national measure to be contrary to Union legislation, the Commission shall without delay enter into consultation with the Member States and the relevant economic operator or operators and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall decide by means of an
Amendment 508 #
Proposal for a regulation Article 67 – paragraph 1 – subparagraph 1 That
Amendment 509 #
Proposal for a regulation Article 68 – paragraph 1 1. Where, having carried out an evaluation under Article 67(1), a Member State finds that although a battery is in compliance with the requirements set out in Chapters II and III, it presents a risk to the human health or safety of persons, to the protection of property or to the environment, it shall without delay require the relevant economic operator to take all appropriate measures within a reasonable period and commensurate with the nature of the risk, to ensure that the battery concerned, when placed on the market, no longer presents that risk, to withdraw the battery from the market or to recall it
Amendment 510 #
Proposal for a regulation Article 68 – paragraph 4 4. The Commission shall without delay enter into consultation with the Member States and the relevant economic operator or operators and shall evaluate the national measures taken. On the basis of the results of that evaluation, the Commission shall adopt an implementing act in the form of a decision determining whether the national measure is justified or not and, where necessary,
Amendment 511 #
Proposal for a regulation Article 68 – paragraph 4 4. The Commission shall without delay enter into consultation with the Member States and the relevant economic operator or operators and shall evaluate the national measures taken. On the basis of the results of that evaluation, the Commission shall adopt a
Amendment 512 #
Proposal for a regulation Article 68 – paragraph 5 5. That
Amendment 513 #
Proposal for a regulation Article 68 – paragraph 6 6. On duly justified imperative grounds of urgency relating to the protection of human health and safety of persons, and to the protection of property or to the environment, the Commission shall adopt an immediately applicable
Amendment 514 #
Proposal for a regulation Article 68 a (new) Article 68 a Union testing facility By [two years after the entry into force of this Regulation] the Commission shall designate a Union testing facility specialised in batteries in accordance with Article 21(2), second subparagraph, of Regulation (EU)2019/1020.2. The Union testing facility shall serve as a competence centre for carrying out the testing of batteries at the request of market surveillance authorities for the purpose of the evaluation referred to in Article 66(1);
Amendment 515 #
Proposal for a regulation Article 69 – paragraph 1 – introductory part 1. Without prejudice to Article 66, where a Member State finds that a battery falling outside the scope of Article 68 is non-compliant with this Regulation or an economic operator has infringed an obligation set out in this Regulation, shall require the relevant economic operator to put an end to the non-compliance concerned. To facilitate this task, Member States shall establish easily accessible reporting channels for consumers on non- compliance. Such non compliances shall include the following:
Amendment 516 #
Proposal for a regulation Article 69 – paragraph 1 – point c (c) the identification number of the notified body involved, where relevant, in the production control phase has been affixed in violation of Article 20 or has not been affixed;
Amendment 517 #
Proposal for a regulation Article 69 – paragraph 1 – point g (g) the information referred to in paragraphs
Amendment 518 #
Proposal for a regulation Article 69 – paragraph 1 – point k a (new) (k a) the requirements on electronical availability of information referred to in Article 64 are not fulfilled;
Amendment 519 #
Proposal for a regulation Article 69 – paragraph 1 – point k b (new) (k b) the requirements on battery passport referred to in Article 65 are not fulfilled.
Amendment 520 #
Proposal for a regulation Article 69 – paragraph 2 2. Where the operator does not put an end to the non-compliance referred to in point (k) of paragraph 1, a notice of
Amendment 521 #
Proposal for a regulation Article 69 – paragraph 3 a (new) 3 a. Competent authorities of the Member States shall be granted investigative powers to carry out appropriate controls, risk-based or on grounds of received information, to detect possible non-compliance.
Amendment 522 #
Proposal for a regulation Article 69 – paragraph 3 a (new) 3 a. Member States should cooperate in an enforcement network supporting each other in the infringement procedure in case of cross-border sales within the European Union.
Amendment 523 #
Proposal for a regulation 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,
Amendment 524 #
Proposal for a regulation 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,
Amendment 525 #
Proposal for a regulation Article 70 – paragraph 2 2. The obligation set out in paragraph 1 shall apply to any contracts entered into by contracting authorities or contracting entities for the purchase of batteries or products containing batteries and shall mean that these contracting authorities and contracting entities are obliged to include technical specifications and award criteria based on Articles 7 to 10 and 39 to ensure that a product is chosen among products with significantly lower environmental impacts over their lifecycle.
Amendment 526 #
Proposal for a regulation Article 70 – paragraph 2 2. The obligation set out in paragraph 1 shall apply to any contracts entered into by contracting authorities or contracting entities for the purchase of batteries or products containing batteries and shall mean that these contracting authorities and contracting entities are obliged to include
Amendment 527 #
Proposal for a regulation Article 70 – paragraph 3 3. The Commission shall, by 31 December 2026, adopt delegated acts in accordance with Article 73 supplementing this Regulation by establishing minimum mandatory green public procurement criteria or targets based on the requirements set out in Articles 7 to 10, and 39.
Amendment 528 #
Proposal for a regulation Article 72 a (new) Article 72 a Deposit refund schemes Member States shall introduce mandatory deposit refund schemes for the collection of waste batteries of general use. Consumers and other end-users shall be informed in a clear and comprehensible manner about the scheme and refund amounts in accordance with paragraph 1(fa) of Article 60. By 31 december 2030, the Commission will evaluate the functioning of the national deposit refund schemes and consider if an EU-wide deposit refund scheme is necessary to reduce single market fragmentation.
Amendment 529 #
Proposal for a regulation Article 72 a (new) Article 72 a Deposit refund schemes Member States shall introduce mandatory deposit refund schemes for the collection of waste portable batteries. Consumers and other end-users shall be informed in a clear and comprehensible manner about the scheme and refund amounts in accordance with paragraph 1(fa) of Article 60.
Amendment 530 #
Proposal for a regulation Article 73 – paragraph 2 2. The power to adopt delegated acts referred to in Articles
Amendment 531 #
Proposal for a regulation Article 73 – paragraph 3 3. The delegation of power referred to in Articles
Amendment 532 #
Proposal for a regulation Article 73 – paragraph 4 4. Before adopting a delegated act, the Commission shall prepare impact assessment and gather all necessary expertise including consulting experts designated by each Member State, use of expert groups in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making in view of technical and scientific progress.
Amendment 533 #
Proposal for a regulation Article 73 – paragraph 6 6. A delegated act adopted pursuant to Articles 6(2), 7(1), (2) and (3), 9(2), 10(3), 12(2), 13(7), 16(1), 17(4), 27(3), 32(4), 39(8), 55(4), 56(4), 57(6), 58(3), 64(5) and (7), 67(1), 68(4) and (6), and 70(2) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 534 #
Proposal for a regulation Article 75 – title Amendments to Regulation (EU) 2
Amendment 535 #
Proposal for a regulation Article 75 – paragraph 1 – point 2 a (new) (2 a) in Annex I, point 21 of the list of Union harmonisation legislation is replaced by the following: 21. Regulation of the European Parliament and of the Council on batteries and waste batteries, amending Regulation (EU) No 2019/1020 and repealing Directive 2006/66/EC
Amendment 536 #
Proposal for a regulation Article 75 a (new) Article 75 a Amendments to Regulation (EU) 1907/2006 Regulation (EU) 1907/2006 is amended as follows: The table in Annex XVII shall be amended as follows: (a) the column entry 18 shall be amended as follows: 8. Batteries, whether or not incorporated into appliances, shall not contain more than 0,0005 % of mercury (expressed as mercury metal) by weight. 9.Batteries used in vehicles to which Directive 2000/53/EC applies shall not contain more than 0,1% of mercury (expressed as mercury metal) by weight in homogeneous material. (b) the column entry 23 shall be amended as follows: 12. Portable batteries, whether or not incorporated into appliances, shall not contain more than 0,002% of cadmium (expressed as cadmium metal) by weight. 13.The restriction set out in point 1 shall not apply to portable batteries intended for use: (a)emergency and alarm systems, including emergency lighting; (b)medical equipment. 14.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. 15.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 538 #
Proposal for a regulation Article 76 – paragraph 1 Member States shall lay down the rules on
Amendment 539 #
Proposal for a regulation Article 76 – paragraph 1 Amendment 540 #
Proposal for a regulation Article 76 – paragraph 1 a (new) By 1 January 2023, the Commission shall develop harmonised criteria for effective, proportionate and dissuasive penalties and for compensation of damages to individuals.
Amendment 541 #
Proposal for a regulation Article 77 – paragraph 1 1. By 31 December 2030 and every 7 years thereafter, the Commission shall
Amendment 542 #
Proposal for a regulation Article 77 – paragraph 2 – introductory part 2. Taking account of technical progress and practical experience gained in Member States, the Commission shall in its report include in particular an evaluation on the following aspects of this Regulation:
Amendment 543 #
Proposal for a regulation Article 77 – paragraph 2 – point -a (new) (-a) General aspects: - whether adjustments are needed to the definitions set out in this Regulation, - whether the scope of requirements covered by this Regulation remains appropriate, the requirements are proportionate and effective, - the volume of metals recovered that were used in battery production; - the impact of this Regulation on the proper functioning of the Union’s internal market for batteries and waste batteries, including the impact on access to and prices of raw and recycled materials, - the comparison of the regulatory environment in the European union with regulatory environments of other key global players in the battery industry, including the comparison of the compliance costs, the prices of the batteries available on the market, the availability of batteries and availability of the raw and recycled materials, - the comparison of environmental impact of batteries placed on the Union market compared to the other regions, - whether the secondary acts have been published on time, - the impact of the Regulation on greenhouse gas emissions savings, - the number of administrative fines and criminal penalties imposed according to or in relation with this Regulation and the amount collected classified by Member States; - whether the data collected by the Commission and national authorities based on this Regulation are publicly available, the impact of the Regulation on the price of batteries analysed per the battery category, - the cost-benefit analysis of requirements set out in this Regulation for each requirement. - whether the same objectives can not be delivered by aligning the Regulation with commonly used international standard, with reduced administrative or compliance costs, - whether the administrative burden is proportionate and appropriate for each battery category and whether there is space for its reduction, - analysis of impact of the Regulations on the competition and investments, including per the key requirements,
Amendment 544 #
Proposal for a regulation Article 77 – paragraph 2 – point a a (new) Amendment 545 #
Proposal for a regulation Article 77 – paragraph 2 – point a c (new) (a c) whether the GHG emissions savings of EV batteries compared to combustion engines reached its target in reducing carbon footprint, as expected in the impact assessment of the Regulation,
Amendment 546 #
Proposal for a regulation Article 77 – paragraph 2 – point a d (new) (a d) the summary analysis of key requirements under the Chapter II, including analysis of the targets and the marginal environmental and economical impact of increased targets for the recycled content, collection targets, recycling efficiency targets. Such analysis shall be provided per each category of batteries,
Amendment 547 #
Proposal for a regulation Article 77 – paragraph 2 – point a f (new) (a f) the costs of complying with article 8,9,10,11 of this Regulation for producers and other relevant parties as a percentage of operational costs;
Amendment 548 #
Proposal for a regulation Article 77 – paragraph 2 – point b – point i (new) i) whether the requirements set out in Article 13 and Article 14 and following secondary acts remain appropriate to pursue the objectives of this Regulation as regards the compliance and information disclosures for individuals and industry dealing with the batteries and waste batteries,
Amendment 549 #
Proposal for a regulation Article 77 – paragraph 2 – point b – point ii (new) Amendment 550 #
Proposal for a regulation Article 77 – paragraph 2 – point b – point iii (new) iii) the costs of complying with Chapter III and Chapter VIII of this Regulation for producers as a percentage of operational costs,
Amendment 551 #
Proposal for a regulation Article 77 – paragraph 2 – point b – point iv (new) iv) Comparison of labelling requirements and the consumers awareness with the other countries outside the Union,
Amendment 552 #
Proposal for a regulation Article 77 – paragraph 2 – point b a (new) Amendment 553 #
Proposal for a regulation Article 77 – paragraph 2 – point c – point i (new) i) statistics on source of raw materials used in the batteries put on the market in the Union, including the analysis of the social and environmental risks associated with the extraction in those countries,
Amendment 554 #
Proposal for a regulation Article 77 – paragraph 2 – point c – point ii (new) ii) whether the level of social and environmental risk in raw material supply chain decreased in the high-risk areas, the amounts of extracted materials in the high-risk areas,
Amendment 555 #
iii) one-off costs andthe recurring costs of the due diligence requirements for the industry,including the average costs as a percentage of total costs per the battery type,
Amendment 556 #
Proposal for a regulation Article 77 – paragraph 2 – point d (d) measures regarding end-of-life management of batteries set out in Chapter VII
Amendment 557 #
Proposal for a regulation Article 77 – paragraph 2 – point d a (new) (d a) conformity of batteries set out in Chapter IV: - percentage ofbatteries that are removed from electric and electronic equipment at theend-of-life, - whether the used methodologyis proportionate compliance costs per each type of battery, - the costs of complying with Chapter IV of this Regulation for producers as a percent age of operational costs, - whether thecommon specification adopted by the Commission remains appropriate in relationto the internal market functioning.
Amendment 558 #
Proposal for a regulation Article 77 – paragraph 2 – point d a (new) (d a) measures regarding the identification of economic operators set out in Article 45.
Amendment 559 #
Proposal for a regulation Article 77 – paragraph 2 – subparagraph 1 Where appropriate, the report shall be accompanied by a legislative proposal for amendment of the relevant provisions of this Regulation. By [twenty two months after the date of entry into force of this Regulation], the Commission shall assess the complementarity of the parameters in Part A of Annex IV with international norms in particular UNECE GTR.
Amendment 560 #
Proposal for a regulation Article 77 – paragraph 2 – subparagraph 1 Where appropriate, the report shall be accompanied by a legislative proposal for amendment of the relevant provisions of this Regulation, delegated or implemented act, methodology or guidance.
Amendment 561 #
Proposal for a regulation Article 77 – paragraph 2 a (new) 2 a. The Commission will evaluate the functioning of the national deposit refund schemes and consider if an EU-wide deposit refund scheme is necessary to reduce single market fragmentation.
Amendment 562 #
Proposal for a regulation Article 78 – paragraph 1 – introductory part Directive 2006/66/EC is repealed with effect from 1 July 202
Amendment 563 #
Proposal for a regulation Article 79 – paragraph 2 It shall apply from 1 January 202
Amendment 564 #
Proposal for a regulation Annex III – title Electrochemical performance and durability parameters for portable batteries
Amendment 565 #
Proposal for a regulation Annex III – title Electrochemical performance and durability parameters for portable batteries
Amendment 566 #
Proposal for a regulation Annex III – point 1 1. Battery measured capacity, electric charge which a battery
Amendment 567 #
Proposal for a regulation Annex III – point 1 1. Battery capacity, electric
Amendment 568 #
Proposal for a regulation Annex IV – title Electrochemical performance and durability requirements for
Amendment 569 #
Proposal for a regulation Annex IV – Part A – paragraph 1 – point 1 1. Rated capacity (in Ah) and capacity fade (in %per year) (in % per time unit) (in % after a specified time interval).
Amendment 570 #
Proposal for a regulation Annex IV – Part A – paragraph 1 – point 2 2. Power (in W) and power fade (in %per year) (in % per time unit) (in % after a specified time interval).
Amendment 571 #
Proposal for a regulation Annex IV – Part A – paragraph 1 – point 4 4. Energy round trip efficiency and its fade (in %
Amendment 572 #
Proposal for a regulation Annex IV – Part A – paragraph 2 ‘Rated capacity’ means the total number of ampere-hours (Ah)
Amendment 573 #
Proposal for a regulation Annex IV – Part A – paragraph 6 Amendment 574 #
Proposal for a regulation Annex IV – Part A – paragraph 7 Amendment 575 #
Proposal for a regulation Annex V – point 2 – paragraph 1 This test shall evaluate the safety performance of a battery when applying an external short circuit. The test can evaluate the activation of the overcurrent protection device or the ability of cells to withstand the current without reaching a hazardous situation (e.g. thermal runaway, explosion, fire). The main risk factors are heat generation at cell level and electrical arcing which may damage circuitry or may lead to reduced isolation resistance. Test results shall be shared with firefighters in order to enable them to get trained for what to do in case of a major fire caused by batteries.
Amendment 576 #
Proposal for a regulation Annex VI – Part C – paragraph 1 The QR code shall be
Amendment 577 #
Proposal for a regulation Annex VI – Part C – paragraph 1 The QR code shall be
Amendment 578 #
Proposal for a regulation Annex VI – Part C – paragraph 1 The QR code shall be
Amendment 579 #
Proposal for a regulation Annex VIII – Part A – point 1 – paragraph 1 Internal production control is the conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2, 3 and 4, and ensures and declares that the battery satisfies the requirements set out in Articles 6, 9, 1
Amendment 580 #
Proposal for a regulation Annex VIII – Part A – point 2 – paragraph 2 – point b Amendment 581 #
Proposal for a regulation Annex VIII – Part A – point 2 – paragraph 2 – point c (c) descriptions and explanations necessary for the understanding
Amendment 582 #
Proposal for a regulation Annex VIII – Part A – point 4 – paragraph 2 – indent 1 (new) - A portable battery model will require a new conformityassessment whenever a change by more than 0,1 g or 20 % mass, whichever isgreater, for the cathode, anode or electrolyte is done. Other than portablebattery type will require a new conformity assessment whenever the change issubstantial and there is a potential risk of the change in the batteryperformance or characteristics related to the requirements of Chapters II andIII of this Regulation.
Amendment 583 #
Proposal for a regulation Annex VIII – Part B – point 1 – paragraph 1 Internal production control plus supervised verification is the conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2, 3, 4, and 5, and ensures and declares that the battery satisfy the requirements set out in Articles 7, 8, 10, 12 and 39 that are applicable.
Amendment 584 #
Proposal for a regulation Annex VIII – Part B – point 2 – paragraph 2 – point b Amendment 585 #
Proposal for a regulation Annex VIII – Part B – point 2 – paragraph 2 – point c (c) descriptions and explanations necessary for the understanding of the
Amendment 586 #
Proposal for a regulation Annex VIII – Part B – point 4 – paragraph 1 For each battery model
Amendment 588 #
(a b) iron
Amendment 593 #
Proposal for a regulation Annex X – point 1 a (new) 1 a. Services, hardware and software
Amendment 594 #
Proposal for a regulation Annex X – point 2 – point a (a) air (including but not limited to air pollution);
Amendment 595 #
Proposal for a regulation Annex X – point 2 – point b (b) water (including but not limited to water contamination, access to water, water usage and depletion);
Amendment 596 #
Proposal for a regulation Annex X – point 2 – point c (c) soil (including but not limited to soil contamination, soil erosion and land degradation);
Amendment 597 #
Proposal for a regulation Annex X – point 2 – point d (d) biodiversity (including but not limited to damage to habitats, wildlife, flora and ecosystem services);
Amendment 598 #
Proposal for a regulation Annex X – point 2 – point d (d) biodiversity; including waste released in deep water;
Amendment 599 #
Proposal for a regulation Annex X – point 2 – point d a (new) (d a) climate, including greenhouse gas emissions;
Amendment 600 #
Proposal for a regulation Annex X – point 2 – point g (g) labour rights, including child labour and labour in undignified conditions;
Amendment 601 #
Proposal for a regulation Annex X – point 2 – point i (i) community life including that of indigenous people;.
Amendment 602 #
Proposal for a regulation Annex X – point 2 – point i a (new) (i a) community life, including that of indigenous people;
Amendment 604 #
Proposal for a regulation Annex X – point 2 – point i b (new) (i b) waste treatment (including but not limited to mine tailings)
Amendment 605 #
Proposal for a regulation Annex X – point 3 – point a a (new) (a a) UN Guiding Principles on Business and Human Rights;
Amendment 606 #
Proposal for a regulation Annex X – point 3 – point c a (new) (c a) The eight fundamental ILO Conventions as defined under the ILO Declaration on Fundamental Principles and Rights at Work
Amendment 607 #
Proposal for a regulation Annex X – point 3 – point f (f) OECD
Amendment 608 #
Proposal for a regulation Annex X – point 3 – point f a (new) (f a) The UN Paris Agreement.
Amendment 609 #
Proposal for a regulation Annex X – point 3 – point f a (new) (f a) The Paris Agreement;
Amendment 610 #
Proposal for a regulation Annex X – point 3 – point f b (new) (f b) All international human rights conventions that are binding the European Union or its Member States, including the International Bill of Human Rights;
Amendment 611 #
Proposal for a regulation Annex X – point 3 – point f c (new) (f c) International humanitarian law instruments, such as the Geneva Conventions and their additional protocols, as well as instruments defining obligations under international criminal law and arms control conventions;
Amendment 612 #
Proposal for a regulation Annex X – point 3 – point f d (new) Amendment 613 #
Proposal for a regulation Annex X – point 3 – point f e (new) (f e) Relevant regional human rights instruments, including the African Charter of Human and Peoples’ Rights, the American Convention on Human Rights, the European Convention on Human Rights, the European Social Charter, the Charter of Fundamental Rights of the European Union;
Amendment 614 #
Proposal for a regulation Annex X – point 3 – point f f (new) (f f) National constitutions and laws recognising or implementing human rights;
Amendment 615 #
Proposal for a regulation Annex X – point 3 a (new) 3 a. The internationally recognized due diligence principles applicable to the due diligence established under Art. 39 of this Regulation: a) UN Guiding Principles for Businesses and Human Rights; b) ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy; 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; f) OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas.
Amendment 616 #
Proposal for a regulation Annex XIII – point 1 – point e Amendment 617 #
Proposal for a regulation Annex XIII – point 1 – point e (e) Battery composition, including critical raw materials, other than business sensitive information;
Amendment 618 #
Proposal for a regulation Annex XIII – point 1 – point k Amendment 619 #
Amendment 620 #
Proposal for a regulation Annex XIII – point 1 – point m Amendment 621 #
Proposal for a regulation Annex XIII – point 1 – point n Amendment 622 #
Proposal for a regulation Annex XIII – point 1 – point o Amendment 623 #
Proposal for a regulation Annex XIII – point 1 – point p Amendment 624 #
Proposal for a regulation Annex XIII – point 1 – point q Amendment 625 #
Proposal for a regulation Annex XIII – point 1 – point r Amendment 626 #
Proposal for a regulation Annex XIII – point 1 – point r a (new) (r a) Status of the battery (first life, waste, repaired, repurposed, recycled)
Amendment 627 #
Proposal for a regulation Annex XIII – point 2 – point a (a)
Amendment 628 #
Proposal for a regulation Annex XIII – point 2 – point b source: 697.546
2021/10/26
ENVI
1222 amendments...
Amendment 1000 #
Proposal for a regulation Article 48 – paragraph 4 – point a (a)
Amendment 1001 #
Proposal for a regulation Article 48 – paragraph 4 – point b (b)
Amendment 1002 #
Proposal for a regulation Article 48 – paragraph 4 – point b (b)
Amendment 1003 #
Proposal for a regulation Article 48 – paragraph 4 – point b (b)
Amendment 1004 #
Proposal for a regulation Article 48 – paragraph 4 – point b (b)
Amendment 1005 #
Proposal for a regulation Article 48 – paragraph 4 – point b (b)
Amendment 1006 #
Proposal for a regulation Article 48 – paragraph 4 – point b (b)
Amendment 1007 #
Proposal for a regulation Article 48 – paragraph 4 – point c (c)
Amendment 1008 #
Proposal for a regulation Article 48 – paragraph 4 – point c (c)
Amendment 1009 #
Proposal for a regulation Article 48 – paragraph 4 – point c (c)
Amendment 1010 #
Proposal for a regulation Article 48 – paragraph 4 – point c (c)
Amendment 1011 #
Proposal for a regulation Article 48 – paragraph 4 – subparagraph 1 Producers or, where a
Amendment 1012 #
Proposal for a regulation Article 48 – paragraph 6 6. Producers or, where a
Amendment 1013 #
Proposal for a regulation Article 48 – paragraph 10 10. The competent authority shall review regularly, and at least every
Amendment 1014 #
Proposal for a regulation Article 48 – paragraph 11 11. The producer or, where a
Amendment 1015 #
Proposal for a regulation Article 48 – paragraph 12 Amendment 1016 #
Proposal for a regulation 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 1017 #
Proposal for a regulation Article 48 a (new) Amendment 1018 #
Proposal for a regulation Article 48 a (new) Article 48a Collection of waste light means of transport batteries 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 light means of transport batteries, 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, calculated according to the available for collection methodology: (a) […]% by 2028; (b) […]% by 2030; Producers or producer responsibility organisations acting on their behalf shall calculate the collection rate referred to in this paragraph in accordance with Annex XIa (new).
Amendment 1019 #
Proposal for a regulation Article 49 – title Collection of waste automotive batteries,
Amendment 1020 #
Proposal for a regulation Article 49 – paragraph 1 – introductory part 1. Producers of automotive batteries, industrial batteries and electric vehicle batteries or, where a
Amendment 1021 #
Proposal for a regulation Article 49 – paragraph 1 – introductory part 1. Producers of automotive batteries, industrial batteries and electric vehicle batteries or, where appointed in accordance with Article 47(2), producer responsibility organisations, shall take back, free of charge and without an obligation on the end user to buy a new battery, nor to have bought the battery from them, all waste automotive batteries, industrial batteries and electric vehicle batteries
Amendment 1022 #
Proposal for a regulation Article 49 – paragraph 1 – point b a (new) (ba) independent authorised operators carrying out re-use, remanufacturing or repurposing treatment of automotive, industrial and electric vehicles batteries;
Amendment 1023 #
Proposal for a regulation Article 49 – paragraph 1 – point c (c)
Amendment 1024 #
Proposal for a regulation Article 49 – paragraph 1 – subparagraph 1 Amendment 1025 #
Proposal for a regulation 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), producer responsibility organisations, to take back those batteries shall include covering the
Amendment 1026 #
Proposal for a regulation Article 49 – paragraph 2 2. The take back arrangements put in place in accordance with paragraph 1 shall cover the whole territory of a Member State taking into account population size and density, expected volume of waste automotive, industrial and electric vehicle batteries, accessibility and vicinity to end- users, not being limited to areas where the collection and subsequent management of waste automotive, industrial and electric vehicle batteries is most profitable or least costly.
Amendment 1027 #
Proposal for a regulation Article 49 – paragraph 3 – introductory part 3. Producers of automotive batteries, industrial batteries and electric vehicle batteries or, where a
Amendment 1028 #
Proposal for a regulation Article 49 – paragraph 3 – point a (a) provide the take back and collection
Amendment 1029 #
Proposal for a regulation Article 49 – paragraph 3 – point b (b) collect waste automotive batteries, industrial batteries and electric vehicle batteries from the take back and collection
Amendment 1030 #
Proposal for a regulation Article 49 – paragraph 3 – point c (c) provide for the delivery of waste automotive batteries, industrial batteries and electric vehicle batteries
Amendment 1031 #
Proposal for a regulation Article 49 – paragraph 4 4. The entities referred to in points (a), (b) and (c) of paragraph 3 may hand over collected waste automotive batteries, industrial batteries and electric vehicle batteries at the collection points to authorised waste management operators for treatment and recycling in accordance with Article 56. In such cases, the obligation of producers pursuant to paragraph 3(c) shall be deemed to be met.
Amendment 1032 #
Proposal for a regulation Article 49 – paragraph 4 4. The entities referred to in points (a), (b) and (c) of paragraph 3 may hand over collected waste automotive batteries, industrial batteries and electric vehicle batteries at the collection points to authorised waste management operators for treatment and recycling in accordance with Article 56. In such cases, the obligation of producers pursuant to paragraph 3(c) shall be deemed to be met.
Amendment 1033 #
Proposal for a regulation Article 49 – paragraph 4 a (new) 4a. Producers or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf, shall attain, and maintain durably at the latest by 31 December 2025, a 100 % collection target for waste automotive, industrial and electric vehicle batteries calculated as percentages of the number of the automotive, industrial and electric vehicle batteries available for collection in a Member State of the number of automotive, industrial and electric vehicle batteries placed 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. Producers or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf, shall calculate the collection rate referred to in this paragraph in accordance with Annex XIa.
Amendment 1034 #
Proposal for a regulation Article 49 – paragraph 4 a (new) 4a. By 31 December 2023, the Commission shall assess the feasibility of measures to introduce a ‘deposit rate’ for automotive batteries when they are placed on the market. 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 1035 #
Proposal for a regulation Article 50 – paragraph 1 Amendment 1036 #
Proposal for a regulation Article 50 – paragraph 1 1. Distributors shall take back all waste batteries from the end-user at no charge and without an obligation to buy a new battery, regardless of their chemical composition or origin. Take back for portable and light means of transport batteries shall be provided at or in the immediate vicinity of their retail outlet. Take back for waste automotive batteries, industrial batteries and electric vehicle batteries shall be provided at or in the vicinity of their retail outlet. This obligation is limited to the types of waste batteries which the distributor has, or had, as new batteries in its offer and, for portable batteries, to the quantity that non professional end-users normally discard.
Amendment 1037 #
Proposal for a regulation Article 50 – paragraph 1 1. Distributors shall take back waste batteries from the end-user at no charge and without an obligation to buy a new battery
Amendment 1038 #
Proposal for a regulation Article 50 – paragraph 3 3. Distributors shall hand over waste batteries that they have taken back to the producers or producer responsibility organisations who are responsible for the collection of those batteries in accordance with Articles 48, 48a and 49 respectively, or to an authorised waste management operator with a view to their treatment and recycling in accordance with Article 56. Established Extended Producer Responsibility recycling systems in Member States should be allowed to continue operating if they fulfil the objectives set out in this regulation;
Amendment 1039 #
Proposal for a regulation Article 50 – paragraph 4 4. The obligations under this article shall apply mutatis mutandis to operators supplying batteries by means of distance contracts to end users. Those operators shall provide for a sufficient number of collection points covering the whole territory of a Member State and taking into account population size and density, expected volume of waste portable, automotive, industrial and electric vehicle batteries, accessibility and vicinity to end users allowing end users to return batteries.
Amendment 1040 #
Proposal for a regulation Article 50 – paragraph 4 4. The obligations under this article shall apply mutatis mutandis to operators supplying batteries by means of distance contracts to end users. Those operators shall provide for a sufficient number of collection points covering the whole territory of a Member State and taking into account population size and density, expected volume of waste
Amendment 1041 #
Proposal for a regulation Article 51 – paragraph 1 1. End users shall discard waste batteries separately from other waste streams, including from mixed municipal waste, provided that take-back measures are in place at a reasonable distance and within reach.
Amendment 1042 #
Proposal for a regulation Article 51 – paragraph 1 Amendment 1043 #
Proposal for a regulation Article 51 – paragraph 2 2. End users shall discard waste batteries in designated separate collection points set up by or in accordance with the specific arrangements concluded with the producer or a producer responsibility organisation, in accordance with Articles 48, 48a and 49.
Amendment 1044 #
Proposal for a regulation Article 51 – paragraph 4 a (new) 4a. Producers or, where appointed in accordance with Article 47(2), producer responsibility organisations, shall, in coordination with the concerned Member State take measures to create incentives for end-users to fulfil their responsibility to correctly dispose of their waste batteries in the separate collection systems, including by means of education, economic incentives and where needed propose initiatives for regulation.
Amendment 1045 #
Proposal for a regulation Article 52 – paragraph 1 Operators of waste treatment facilities subject to Directives 2000/53/EC and 2012/19/EU shall hand over waste batteries resulting from the treatment of end-of-life vehicles and waste electrical and electronic equipment to the producers of the relevant batteries or, where appointed in accordance with Article 47(2) of this Regulation, producer responsibility organisations acting on their behalf or to authorised waste management operators with a view to their treatment and recycling in accordance with the requirements of Article 56 of this Regulation. The operators of waste treatment facilities shall keep records of those transactions.
Amendment 1046 #
Proposal for a regulation Article 53 – paragraph 1 1. Waste batteries originating from private, non-commercial users may be discarded in separate collection points set up by public waste management authorities. When set up for a specific battery type the public waste management authorities shall not refuse the take back of any waste batteries of this type, including re-used, repurposed and remanufactured batteries.
Amendment 1047 #
Proposal for a regulation Article 53 – paragraph 2 2. Public waste management authorities shall hand over collected waste batteries to the producers or, where appointed in accordance with Article 47(2), to producer responsibility organisations acting on their behalf, or to authorised waste management operators with a view to treatment and recycling of those waste batteries in accordance with the requirements of Article 56 or carry out their treatment and recycling themselves in accordance with the requirements of Article 56.
Amendment 1048 #
Proposal for a regulation Article 54 – paragraph 1 Voluntary waste portable battery collection points shall hand over waste portable batteries to the producers of portable batteries or third parties acting on their behalf, including producer responsibility organisations, or to authorised waste management operators with a view to their treatment and recycling in accordance with the requirements of Article 56.
Amendment 1049 #
Proposal for a regulation Article 54 – paragraph 1 Amendment 1050 #
Proposal for a regulation Article 55 – title Collection rates for waste portable and light means of transport batteries
Amendment 1051 #
Proposal for a regulation Article 55 – title Collection rates for waste
Amendment 1052 #
Proposal for a regulation Article 55 – paragraph 1 – introductory part 1. Member States shall achieve the following minimum collection targets for waste portable batteries
Amendment 1053 #
Proposal for a regulation Article 55 – paragraph 1 – introductory part Amendment 1054 #
Proposal for a regulation Article 55 – paragraph 1 – introductory part 1. Member States shall achieve the following minimum collection targets for waste portable batteries
Amendment 1055 #
Proposal for a regulation Article 55 – paragraph 1 – point a Amendment 1056 #
Proposal for a regulation Article 55 – paragraph 1 – point a (a)
Amendment 1057 #
Proposal for a regulation Article 55 – paragraph 1 – point a (a)
Amendment 1058 #
Proposal for a regulation Article 55 – paragraph 1 – point b (b)
Amendment 1059 #
Proposal for a regulation Article 55 – paragraph 1 – point b (b)
Amendment 1060 #
Proposal for a regulation Article 55 – paragraph 1 – point b (b)
Amendment 1061 #
Proposal for a regulation Article 55 – paragraph 1 – point b (b)
Amendment 1062 #
Proposal for a regulation Article 55 – paragraph 1 – point b (b)
Amendment 1063 #
Proposal for a regulation Article 55 – paragraph 1 – point b (b)
Amendment 1064 #
Proposal for a regulation Article 55 – paragraph 1 – point c (c)
Amendment 1065 #
Proposal for a regulation Article 55 – paragraph 1 – point c (c)
Amendment 1066 #
Proposal for a regulation Article 55 – paragraph 1 – point c (c)
Amendment 1067 #
Proposal for a regulation Article 55 – paragraph 1 – point c (c)
Amendment 1068 #
Proposal for a regulation Article 55 – paragraph 1 a (new) 1a. Member States shall achieve the following minimum collection targets for waste portable batteries, excluding waste portable batteries of general use: (a) 55 % by 31 December 2023; (b) 75 % by 31 December 2025; (c) 80 % by 31 December 2030.
Amendment 1069 #
Proposal for a regulation Article 55 – paragraph 1 b (new) 1b. Member States shall achieve the following minimum collection targets for waste light means of transport batteries: (a) 75 % by 31 December 2025; (b) 85 % by 31 December 2030.
Amendment 1070 #
Proposal for a regulation Article 55 – paragraph 1 c (new) 1c. Member States shall by, at the latest by 31 December 2025, achieve 100 % collection of waste automotive, industrial and electric vehicle batteries.
Amendment 1071 #
Proposal for a regulation Article 55 – paragraph 2 2. Member States shall calculate the collection rates set out in paragraph 1 for waste portable batteries in accordance with the methodology set out in Annex XI and for waste light means of transport, automotive, industrial and electric vehicle batteries in accordance with the methodology set out in Annex XIa.
Amendment 1072 #
Proposal for a regulation Article 55 – paragraph 2 a (new) 2a. Member States shall achieve the following minimum collection targets for waste light means of transport batteries: (a)[…] % by 2028; (b)[…] % by 2030.
Amendment 1073 #
Proposal for a regulation Article 55 – paragraph 3 3. The Commission shall, by 31 December 2030, review the targets laid down in paragraph 1(c)
Amendment 1074 #
Proposal for a regulation Article 55 – paragraph 3 3. The Commission shall, by 31 December 2030, review the target laid down in paragraph 1(c) and
Amendment 1075 #
Proposal for a regulation Article 55 – paragraph 3 3. The Commission shall, by 31 December 20
Amendment 1076 #
Proposal for a regulation Article 55 – paragraph 3 3. The Commission shall, by 31 December 2025 and by 31 December 2030, review the targets laid down in paragraph 1(b) and 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
Amendment 1077 #
Proposal for a regulation Article 55 – paragraph 3 3. The Commission shall, by 31 December 20
Amendment 1078 #
Proposal for a regulation Article 55 – paragraph 3 a (new) 3a. The Commission shall, by 31 December 2023, adopt a delegated act, in accordance with Article 73, to introduce a calculation methodology for the calculation of the separate collection rate with a view to reflecting the quantity of waste batteries available for collection. This method shall be developed in line with and laid out in Annex XIa.
Amendment 1079 #
Proposal for a regulation Article 55 – paragraph 3 b (new) Amendment 1080 #
Proposal for a regulation Article 55 – paragraph 4 Amendment 1081 #
Proposal for a regulation Article 56 – paragraph 4 4. The Commission is empowered to adopt delegated acts in accordance with Article 73 to
Amendment 1082 #
Proposal for a regulation Article 57 – paragraph 1 1. All waste batteries collected shall
Amendment 1083 #
Proposal for a regulation Article 57 – paragraph 1 a (new) 1a. The provision in paragraph 1 shall not apply to batteries containing mercury which shall be disposed of in a safe manner without endangering human health or the environment.
Amendment 1084 #
Proposal for a regulation 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
Amendment 1085 #
Proposal for a regulation Article 57 – paragraph 3 3. The recycling efficiencies and the recovery of materials laid down in Parts B and C of Annex XII shall be calculated in accordance with the rules laid down in an implementing act adopted pursuant to paragraph 4. These rules shall ensure that the definition and calculation of recycling ‘output fraction’ excludes energy recovery and losses during the refining and transformation processes.
Amendment 1086 #
Proposal for a regulation Article 57 – paragraph 3 3. The recycling efficiencies and the recovery of materials laid down in Parts B and C of Annex XII shall be calculated as percentages on the final weight of recycled material in accordance with the rules laid down in a
Amendment 1087 #
Proposal for a regulation 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 based on the main recycling step where the raw materials are finally extracted. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(3).
Amendment 1088 #
Proposal for a regulation Article 57 – paragraph 4 4. The Commission shall, by 31 December 2023, adopt a
Amendment 1089 #
Proposal for a regulation Article 57 – paragraph 4 4. The Commission shall, by 31 December 2023, adopt a
Amendment 1090 #
Proposal for a regulation Article 57 – paragraph 5 5.
Amendment 1091 #
Proposal for a regulation Article 57 – paragraph 5 5. The Commission shall be empowered to adopt delegated acts, in accordance with Article 73, to
Amendment 1092 #
Proposal for a regulation Article 57 – paragraph 5 a (new) 5a. The Commission shall regularly assess the situation and be empowered to adopt delegated acts, in accordance with Article 73, accompanied with economic and environmental impact assessments to extend the list of battery chemistry and materials laid down in Annex XII, Parts B and C, in light of technical and scientific progress and emerging new technologies in waste management to ensure technology neutrality.
Amendment 1093 #
Proposal for a regulation Article 57 – paragraph 5 a (new) 5a. The Commission shall, by 31 December 2024, adopt a delegated act, in accordance with Article 73, to amend the recycling efficiencies and minimum levels of recovered materials for waste batteries laid down in Annex XII, Parts B and C in light of new rules regarding the calculation and verification of recycling efficiencies and recovery of materials, based on an environmental and economic impact assessment.
Amendment 1094 #
Proposal for a regulation Article 58 – paragraph 1 1. Treatment and recycling may not be undertaken outside the Member State concerned or outside the Union
Amendment 1095 #
Proposal for a regulation Article 58 – paragraph 2 Amendment 1096 #
Proposal for a regulation 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) 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 1098 #
Proposal for a regulation Article 58 – paragraph 3 Amendment 1099 #
Proposal for a regulation Article 58 – paragraph 3 3. The Commission is empowered to adopt a delegated act by 31 December 2024, 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.
Amendment 1100 #
Proposal for a regulation Article 58 – paragraph 3 3. The Commission
Amendment 1101 #
Proposal for a regulation Article 58 – paragraph 3 a (new) 3a. Waste batteries other than portable batteries shall be imported into the Union for the purpose of being recycled in compliance with the obligations, efficiencies and targets set out in Article 56 and Article 57. Member state authorities shall support the efficient processing of notification procedures issued by non-EU countries.
Amendment 1102 #
Proposal for a regulation Article 59 – title Requirements related to the repurposing and remanufacturing of industrial batteries, batteries for light means of transport and electric-vehicle batteries
Amendment 1103 #
Proposal for a regulation Article 59 – title Requirements related to the repurposing and remanufacturing of light means of transport batteries, industrial batteries and electric-vehicle batteries
Amendment 1104 #
Proposal for a regulation Article 59 – paragraph 1 1.
Amendment 1105 #
Proposal for a regulation Article 59 – paragraph 1 1.
Amendment 1106 #
Proposal for a regulation Article 59 – paragraph 1 1. Independent authorised operators shall be given read-only access to the parameters laid down in Annex VII available in the battery management system of rechargeable light means of transport batteries, industrial batteries and electric vehicle batteries
Amendment 1107 #
Proposal for a regulation Article 59 – paragraph 1 1.
Amendment 1108 #
Proposal for a regulation Article 59 – paragraph 1 1.
Amendment 1109 #
Proposal for a regulation Article 59 – paragraph 1 1.
Amendment 1110 #
Proposal for a regulation 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 1111 #
Proposal for a regulation Article 59 – paragraph 2 2.
Amendment 1112 #
Proposal for a regulation Article 59 – paragraph 2 2. Independent authorised operators carrying out repurposing or remanufacturing operations shall be given adequate access on equal terms and conditions, to the information relevant for the handling and testing of rechargeable light means of transport, industrial batteries and electric vehicle batteries, or of appliances and vehicles in which such batteries are incorporated as well as of components of such batteries, appliances or vehicles,
Amendment 1113 #
Proposal for a regulation Article 59 – paragraph 2 2. Independent operators carrying out repurposing or remanufacturing operations shall be given adequate access on equal terms and conditions, to the information relevant for the handling and testing of
Amendment 1114 #
Proposal for a regulation Article 59 – paragraph 2 2.
Amendment 1115 #
Proposal for a regulation Article 59 – paragraph 2 2.
Amendment 1116 #
Proposal for a regulation Article 59 – paragraph 3 3. Operators carrying out repurposing or remanufacturing operations of batteries shall ensure that the examination, performance and safety testing, packing and shipment of batteries and their components is carried out following adequate quality control and safety instructions and that the appropriate performances and conditions are met. .
Amendment 1117 #
Proposal for a regulation Article 59 – paragraph 3 3. Operators carrying out repurposing or remanufacturing operations of batteries shall ensure that the examination, performance and safety testing, packing and shipment of batteries and their components is carried out following adequate quality control and safety instructions.
Amendment 1118 #
Proposal for a regulation Article 59 – paragraph 4 – introductory part 4. Operators carrying out repurposing or remanufacturing operations of batteries shall ensure that the batteries have been declared as waste, and that the newly placed repurposed or remanufactured battery complies with this Regulation, relevant product, environmental and human health protection and safety requirements in other legislation and technical requirements for its specific purpose of use when placed on the market.
Amendment 1119 #
Proposal for a regulation Article 59 – paragraph 4 – subparagraph 2 A battery that has been repurposed or remanufactured shall not be subject to the obligations laid down in Article 7(1), (2) and (3), Article 8(1), (2) and (3),
Amendment 1120 #
Proposal for a regulation Article 59 – paragraph 4 a (new) 4a. Operators placing repurposed or remanufactured batteries on the market shall be considered the new producer of the battery and thus be registered in accordance with Article 46 and shall have an extended producer responsibility in accordance with Article 47.
Amendment 1121 #
Proposal for a regulation Article 60 – paragraph 1 – introductory part 1. Producers or, where a
Amendment 1122 #
Proposal for a regulation Article 60 – paragraph 1 – subparagraph 1 – point a (a) the contribution of end users to waste prevention, including by information on good practices concerning the use of batteries aiming at extending their use phase and the possibilities of preparation for reuse, repurposing and remanufacturing;
Amendment 1123 #
Proposal for a regulation Article 60 – paragraph 1 – subparagraph 1 – point a (a) the contribution of end users to waste prevention of a portable batteries, including by information on good practices concerning the use of batteries aiming at extending their use
Amendment 1124 #
Proposal for a regulation Article 60 – paragraph 1 – subparagraph 1 – point d (d) the necessary safety instructions to handle waste batteries, including in relation to the risks associated with, and the handling of, batteries containing lithium; the risks and instructions of fire safety shall also be included;
Amendment 1125 #
Proposal for a regulation Article 60 – paragraph 1 – subparagraph 2 – point b (b) in a language, which can be easily understood by consumers and other end- users, as determined by the Member State concerned
Amendment 1126 #
Proposal for a regulation Article 60 – paragraph 1 – subparagraph 2 – point b a (new) (ba) a clear visual representation of that information.
Amendment 1127 #
Proposal for a regulation Article 60 – paragraph 2 Amendment 1128 #
Proposal for a regulation Article 60 – paragraph 2 2. Producers shall make available to distributors and operators referred to in Articles 50, 52 and 53 and other waste management operators carrying out repair, remanufacturing, preparing for re-use,
Amendment 1129 #
Proposal for a regulation Article 60 – paragraph 3 – introductory part 3. From the moment that a battery model is supplied within the territory of a Member State producers shall make available electronically, free of charge upon request, to waste management operators carrying out repair, remanufacturing, preparing for re-
Amendment 1130 #
Proposal for a regulation Article 60 – paragraph 3 – subparagraph 1 – point b Amendment 1131 #
Proposal for a regulation Article 60 – paragraph 3 – subparagraph 1 – point b (b) the safety and protective measures, including on occupational safety and fire protection measures, applicable to the storage, transport, treatment and recycling processes for waste batteries.
Amendment 1132 #
Proposal for a regulation Article 60 – paragraph 3 – subparagraph 1 Amendment 1133 #
Proposal for a regulation Article 60 – paragraph 4 4. Distributors that supply batteries to end-users shall permanently provide in their retail premises
Amendment 1134 #
Proposal for a regulation Article 60 – paragraph 5 Amendment 1135 #
Proposal for a regulation Article 60 – paragraph 5 5. The costs covered by the producer under Article 47(1)(e) shall be shown separately to the end-user at the point of sale of a new battery. The costs mentioned shall not exceed the best estimate of the actual costs incurred and shall not be added to the final cost of the battery charged to the consumer at the point of sale.
Amendment 1136 #
Proposal for a regulation Article 61 – paragraph 1 – introductory part 1. Producers of portable batteries or, where a
Amendment 1137 #
Proposal for a regulation Article 61 – paragraph 1 – subparagraph 1 Where waste management operators other than producers or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf, collect waste portable batteries from distributors or other collection points for waste portable batteries, they shall report to the competent authority for each calendar year the amount of waste portable batteries collected according to their chemistry
Amendment 1138 #
Proposal for a regulation Article 61 – paragraph 1 – subparagraph 1 Where waste management operators other than producers or, where a
Amendment 1139 #
Proposal for a regulation Article 61 – paragraph 1 a (new) 1a. Producers of light means of transport batteries, or where appointed in accordance with Article 47(2) producer responsibility organisations acting on their behalf, shall report to the competent authority for each calendar year the following information, according to chemistries and types of batteries: (a) the amount of light means of transport batteries made available on the market for the first time in a Member State, excluding batteries that have left the territory of that Member State in that year before being sold to end users; (b) the amount of light means of transport batteries collected in accordance with Article 48a, calculated on the basis of the methodology set out in Annex XIa; (c) by 2025, the collection target reached by the producer or producer responsibility organisation acting on behalf of their members; (d) the amount of collected light means of transport waste batteries delivered for treatment and recycling to permitted facilities. Where waste management operators other than producers or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf, collect waste light means of transport batteries from distributors or other collection points for waste light means of transport batteries, they shall report to the competent authority for each calendar year the amount of waste portable batteries collected according to their chemistry and specifying the amounts of batteries powering light means of transport. The operators referred to in the first and second subparagraph shall report the data referred to in those subparagraphs within 4 months of the end of the reporting year for which the data are collected. The first reporting period shall concern the first full calendar year after the adoption of the implementing act that establishes the format for reporting to the Commission, in accordance with Article 62(6). The competent authorities shall establish the format and procedures in accordance with which data shall be reported to them.
Amendment 1140 #
Proposal for a regulation Article 61 – paragraph 2 – introductory part 2. Producers of automotive batteries, industrial batteries and electric vehicle batteries or where a
Amendment 1141 #
Proposal for a regulation Article 61 – paragraph 2 – point a a (new) (aa) the amount of waste portable batteries collected in accordance with Article 48a, calculated on the basis of the methodology set out in Annex XIa;
Amendment 1142 #
Proposal for a regulation Article 61 – paragraph 2 – point a b (new) (ab) the collection target reached by the producer or producer responsibility organisation acting on behalf of their members;
Amendment 1143 #
Proposal for a regulation Article 61 – paragraph 2 – subparagraph 1 (new) Amendment 1144 #
Proposal for a regulation Article 61 – paragraph 3 Amendment 1145 #
Proposal for a regulation Article 61 – paragraph 3 Amendment 1146 #
Proposal for a regulation Article 61 – paragraph 5 – introductory part 5.
Amendment 1147 #
Proposal for a regulation Article 61 – paragraph 5 – point a (a) the amount of waste batteries received for treatment and recycling by country of origin;
Amendment 1148 #
Proposal for a regulation Article 61 – paragraph 5 – point b Amendment 1149 #
Proposal for a regulation Article 61 – paragraph 5 – point b a (new) (ba) the amount of waste batteries which entered a process of repurposing and remanufacturing
Amendment 1150 #
Proposal for a regulation Article 61 – paragraph 5 – subparagraph 2 Recyclers shall report this data within
Amendment 1151 #
Proposal for a regulation 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 (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 1153 #
Proposal for a regulation Article 63 – paragraph 1 Chapter VII shall apply
Amendment 1154 #
Proposal for a regulation Article 63 – paragraph 1 Chapter VII shall apply from 1 J
Amendment 1155 #
Proposal for a regulation Article 64 – paragraph 1 1. By
Amendment 1156 #
Proposal for a regulation Article 64 – paragraph 1 1. By 1 January 202
Amendment 1157 #
Proposal for a regulation Article 64 – paragraph 2 2. The system shall contain the information and data on rechargeable industrial batteries and electric vehicle batteries
Amendment 1158 #
Proposal for a regulation Article 64 – paragraph 2 2. The system shall contain the information and data on
Amendment 1159 #
Proposal for a regulation Article 64 – paragraph 2 2. The system shall contain the information and data on
Amendment 1160 #
Proposal for a regulation Article 64 – paragraph 3 3.
Amendment 1161 #
Proposal for a regulation Article 64 – paragraph 3 3. The economic operators that place a
Amendment 1162 #
Proposal for a regulation Article 64 – paragraph 5 – introductory part 5. The Commission shall, by 31 December 2024, adopt
Amendment 1163 #
Proposal for a regulation Article 64 – paragraph 5 – subparagraph 1 Amendment 1164 #
Proposal for a regulation Article 65 – paragraph 1 1. By
Amendment 1165 #
Proposal for a regulation Article 65 – paragraph 1 1. By 1 January 202
Amendment 1166 #
Proposal for a regulation Article 65 – paragraph 1 1. By 1 January 202
Amendment 1167 #
Proposal for a regulation Article 65 – paragraph 1 1. By 1 January 2026, each industrial
Amendment 1168 #
Proposal for a regulation Article 65 – paragraph 2 2. The battery passport shall be unique for each individual battery referred to in paragraph 1 and shall be
Amendment 1169 #
Proposal for a regulation Article 65 – paragraph 3 3.
Amendment 1170 #
Proposal for a regulation Article 65 – paragraph 3 3. 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
Amendment 1171 #
Proposal for a regulation 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 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 1173 #
Proposal for a regulation Article 65 – paragraph 4 4. The battery passport shall be accessible online, through
Amendment 1174 #
Proposal for a regulation 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
Amendment 1175 #
Proposal for a regulation Article 65 – paragraph 6 6. When the change in the status is due to re
Amendment 1176 #
Proposal for a regulation 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
Amendment 1177 #
Proposal for a regulation Article 65 – paragraph 7 – introductory part 7. The Commission is
Amendment 1178 #
Proposal for a regulation Article 65 – paragraph 7 – introductory part 7. The Commission is empowered to adopt
Amendment 1179 #
Proposal for a regulation Article 65 – paragraph 7 – subparagraph 1 Amendment 1180 #
Proposal for a regulation Article 65 – paragraph 7 – subparagraph 1 Those
Amendment 1181 #
Proposal for a regulation Article 66 – paragraph 1 – introductory part 1.
Amendment 1182 #
Proposal for a regulation 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) 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 1184 #
Proposal for a regulation Article 68 – paragraph 1 1. Where, having carried out an evaluation under Article 67(1), a Member State finds that although a battery is in compliance with the requirements set out in Chapters II and III, it presents a risk or may reasonably be considered to present a risk to the human health or safety of persons, to the protection of property or to the environment, it shall require the relevant economic operator to take all appropriate measures to ensure that the battery concerned, when placed on the market, no longer presents that risk, to withdraw the
Amendment 1185 #
Proposal for a regulation 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) 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 1187 #
Proposal for a regulation 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, make sure that producers of batteries have registered to fulfil their extended producer responsibility for batteries and take account of the environmental impacts of batteries over their life cycle with a view to ensure that such impacts of the batteries procured are kept to a minimum.
Amendment 1188 #
Proposal for a regulation 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
Amendment 1189 #
Proposal for a regulation Article 70 – paragraph 2 2. The obligation set out in paragraph 1 shall apply to any contracts entered into by contracting authorities or contracting entities for the purchase of batteries or products containing batteries and shall mean that these contracting authorities and contracting entities are obliged to include technical specifications and award criteria based on Articles 7 to 10 and 39 to ensure that a product is chosen among products with significantly lower environmental impacts over their lifecycle.
Amendment 1193 #
Proposal for a regulation 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) 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 Amendment 1196 #
Proposal for a regulation Article 72 – paragraph 2 a (new) 2a. Only industry led schemes that fulfil the requirements of article 39 and are verified by third party actors shall be accepted.
Amendment 1197 #
Proposal for a regulation Article 73 – paragraph 2 2. The power to adopt delegated acts referred to in Articles 6(2), 7(1), (2) and (3), 9(2), 10(2a)(new), 10(3), 12(2), 14(3), 17(4), 27(3), 39(8),
Amendment 1198 #
Proposal for a regulation Article 76 – paragraph 1 Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. The penalties provided for shall be proportionally linked to the revenue of the offender, where applicable. Member States shall, without delay, notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
Amendment 1199 #
Proposal for a regulation 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 1200 #
Proposal for a regulation Article 77 – paragraph 1 1. By 31 December 2030
Amendment 1201 #
Proposal for a regulation Article 77 – paragraph 1 1. By 31 December 2030, the Commission shall draw up a report on the application of this Regulation and its impact on human health, the environment and the functioning of the internal market.
Amendment 1202 #
Proposal for a regulation Article 77 – paragraph 1 1. By 31 December 20
Amendment 1203 #
Proposal for a regulation Article 77 – paragraph 2 – point a a (new) (aa) the costs of complying with article 8, 9, 10, 11 of this Regulation for producers and other relevant parties as a percentage of operational costs;
Amendment 1204 #
Proposal for a regulation Article 77 – paragraph 2 – point d a (new) (da) the cost-benefit analysis of requirements set out in this Regulation for each requirement.
Amendment 1205 #
Proposal for a regulation 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) (db) overall compliance as well as penalties and sanctions at national level and their deterrent effect.
Amendment 1207 #
Proposal for a regulation Article 77 – paragraph 2 – point d c (new) (dc) analysis of impact of the Regulations on the competition and investments, including per the key requirements;
Amendment 1208 #
Proposal for a regulation Article 77 – paragraph 2 – subparagraph 1 Where
Amendment 1209 #
Proposal for a regulation Article 78 – paragraph 1 – introductory part Directive 2006/66/EC is repealed with effect from
Amendment 1210 #
Proposal for a regulation Article 78 – paragraph 1 – point b a (new) (ba) c) Article 11 on removal of portable batteries shall continue to apply until 24 months after the entry into force of the Regulation.
Amendment 1211 #
Proposal for a regulation Article 78 – paragraph 1 – point b a (new) (ba) Article 11 shall continue to apply until 24 months after publication of the Commission guidance in connection with Article 11(3).
Amendment 1212 #
Proposal for a regulation Article 78 – paragraph 1 a (new) Article 11 shall continue to apply until [please insert the date 24 months after the entry into force of this Regulation].
Amendment 1213 #
Proposal for a regulation Article 79 – paragraph 2 It shall apply from
Amendment 1214 #
Proposal for a regulation Article 79 – paragraph 2 It shall apply from
Amendment 1215 #
Proposal for a regulation Article 79 – paragraph 2 It shall apply from
Amendment 1217 #
Proposal for a regulation Annex I – table – row 3 2. Cadmium 1. Portable batteries and light means of transport batteries, whether or not incorporated into appliances, shall
Amendment 1218 #
Proposal for a regulation 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 1219 #
Proposal for a regulation Annex II – point 1 – paragraph 1 – point c a (new) (ca) ‘Data Quality Ratings’ means a semi-quantitative assessment of the quality criteria of a dataset based on Technological representativeness, Geographical representativeness, Time- related representativeness, and Precision. The data quality shall be considered as the quality of the dataset as documented.
Amendment 1220 #
Proposal for a regulation 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
Amendment 1221 #
Proposal for a regulation Annex II – point 2 – paragraph 3 The calculation of the life cycle carbon
Amendment 1222 #
Proposal for a regulation Annex II – point 2 a (new) Amendment 1223 #
Proposal for a regulation 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 1224 #
Proposal for a regulation 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 subparagraph 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 and geographical link between the energy supply and the use by the economic operator.
Amendment 1225 #
Proposal for a regulation Annex II – point 2 a (new) 2a. Energy use and accounting When calculating the carbon intensity of electricity and heat used in the stages and processes listed in subparagraph 4, average carbon emissions data of the country or the synchronous grid, whichever is smaller, where the relevant process took place shall be used. Producers shall nevertheless be able to demonstrate that their individual processes or energy supply are less carbon intensive than the country average if they can prove a direct connection to a renewable or lower carbon energy source or other proof demonstrating a temporal and geographical link between the electricity or heat production and the use by the economic operator.
Amendment 1226 #
Proposal for a regulation Annex II – point 4 Amendment 1227 #
Proposal for a regulation Annex II – point 4 – paragraph 1 – table – row 2 Raw material acquisition and pre- Includes mining and pre-processing,
Amendment 1228 #
Proposal for a regulation Annex II – point 4 – paragraph 1 – table – row 2 Raw material acquisition and pre- Includes mining and
Amendment 1229 #
Proposal for a regulation Annex II – point 4 – paragraph 1 – table – row 2 Raw material acquisition and pre- Includes mining and pre-processing,
Amendment 1230 #
Proposal for a regulation 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
Amendment 1231 #
Proposal for a regulation Annex II – point 4 – paragraph 3 The use phase
Amendment 1232 #
Proposal for a regulation Annex II – point 5 – paragraph 1 Amendment 1233 #
Proposal for a regulation Annex II – point 5 – paragraph 2 In particular, all activity data related to the battery’s raw materials, anode, cathode, electrolyte, separator and cell-casing shall refer to a specific battery model produced in a specific production plant (i.e., no default activity data shall be used). The battery-
Amendment 1234 #
Proposal for a regulation Annex II – point 5 – paragraph 5 – indent 1 – Raw material acquisition, including transport, and pre-
Amendment 1235 #
Proposal for a regulation Annex II – point 5 – paragraph 5 – indent 5 – End
Amendment 1236 #
Proposal for a regulation Annex II – point 6 – paragraph 1 The carbon footprint of the battery shall be calculated using the “climate change” life cycle impact assessment method recommended in the 2019 Joint Research Centre (JRC) report available at https://eplca.jrc.ec.europa.eu/permalink/PE F_method.pdf until a more accurate method is adopted.
Amendment 1237 #
Proposal for a regulation Annex II – point 8 – paragraph 1 Depending on the distribution of the values of the batteries’ carbon footprint declarations and Data Quality Ratings placed in the EU internal market, a meaningful number of classes of
Amendment 1238 #
Proposal for a regulation Annex II – point 9 Amendment 1239 #
Proposal for a regulation Annex II – point 9 – paragraph 1 Based on the information collected through the carbon footprint declarations and the relative distribution of the carbon footprint performance classes of battery models placed on the market, and taking into account the scientific and technical progress in the field, the Commission will identify maximum lifecycle carbon footprint thresholds for
Amendment 1240 #
Proposal for a regulation Annex II – point 9 – paragraph 1 Based on the information collected through the carbon footprint declarations and the relative distribution of the carbon footprint performance classes of battery models placed on the market, and taking into account the scientific and technical progress in the field, the Commission will identify maximum lifecycle carbon footprint thresholds for
Amendment 1241 #
Proposal for a regulation 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 1242 #
Proposal for a regulation Annex III – title Electrochemical performance and durability parameters for portable batteries
Amendment 1243 #
Proposal for a regulation Annex III – point 1 1. Battery checked capacity, electric charge which a battery
Amendment 1244 #
Proposal for a regulation Annex III – point 1 1.
Amendment 1245 #
Proposal for a regulation Annex IV – title Electrochemical performance and durability requirements for
Amendment 1246 #
Proposal for a regulation Annex IV – title Electrochemical performance and durability requirements for rechargeable industrial batteries
Amendment 1247 #
Proposal for a regulation Annex IV – title Electrochemical performance and durability requirements for rechargeable industrial batteries
Amendment 1248 #
Proposal for a regulation Annex IV – title Electrochemical performance and durability requirements for rechargeable industrial batteries
Amendment 1249 #
Proposal for a regulation Annex IV – Part A – paragraph 1 – introductory part Parameters related to the
Amendment 1250 #
Proposal for a regulation Annex IV – Part A – paragraph 1 – point 1 1. Rated capacity (in Ah) and capacity fade (in % after a defined time or usage).
Amendment 1251 #
Proposal for a regulation Annex IV – Part A – paragraph 1 – point 1 1. Rated capacity (in Ah)
Amendment 1252 #
Proposal for a regulation Annex IV – Part A – paragraph 1 – point 1 1. Rated capacity (in Ah)
Amendment 1253 #
Proposal for a regulation Annex IV – Part A – paragraph 1 – point 1 1. Rated capacity (in Ah)
Amendment 1254 #
Proposal for a regulation Annex IV – Part A – paragraph 1 – point 2 Amendment 1255 #
Proposal for a regulation Annex IV – Part A – paragraph 1 – point 2 2. Power (in W)
Amendment 1256 #
Proposal for a regulation Annex IV – Part A – paragraph 1 – point 2 2. Power (in W)
Amendment 1257 #
Proposal for a regulation Annex IV – Part A – paragraph 1 – point 2 2. Power (in W)
Amendment 1258 #
Proposal for a regulation Annex IV – Part A – paragraph 1 – point 3 Amendment 1259 #
Proposal for a regulation Annex IV – Part A – paragraph 1 – point 3 3. Internal resistance (in ꭥ)
Amendment 1260 #
Proposal for a regulation Annex IV – Part A – paragraph 1 – point 3 3. Internal resistance (in ꭥ)
Amendment 1261 #
Proposal for a regulation Annex IV – Part A – paragraph 1 – point 3 3. Internal resistance (in ꭥ)
Amendment 1262 #
Proposal for a regulation Annex IV – Part A – paragraph 1 – point 4 Amendment 1263 #
Proposal for a regulation Annex IV – Part A – paragraph 1 – point 4 Amendment 1264 #
Proposal for a regulation Annex IV – Part A – paragraph 1 – point 4 Amendment 1265 #
Proposal for a regulation Annex IV – Part A – paragraph 1 – point 5 Amendment 1266 #
Proposal for a regulation Annex IV – Part A – paragraph 1 – point 5 Amendment 1267 #
Proposal for a regulation Annex IV – Part A – paragraph 1 – point 5 5.
Amendment 1268 #
Proposal for a regulation Annex IV – Part A – paragraph 1 – point 5 5.
Amendment 1269 #
Proposal for a regulation Annex IV – Part A – paragraph 1 – point 5 a (new) 5a. Self discharge.
Amendment 1270 #
Proposal for a regulation Annex IV – Part A – paragraph 2 ‘Rated capacity’ means the total number of ampere-hours (Ah) that can be withdrawn from a fully charged battery under specific reference conditions.
Amendment 1271 #
Proposal for a regulation Annex IV – Part A – paragraph 2 ‘Rated capacity’ means the total number of ampere-hours (Ah) that can be withdrawn from a fully charged battery under specific reference conditions.
Amendment 1272 #
Proposal for a regulation Annex IV – Part A – paragraph 2 ‘Rated capacity’ means the total number of ampere-hours (Ah) that can be withdrawn from a fully charged battery under specific reference conditions.
Amendment 1273 #
Proposal for a regulation Annex IV – Part A – paragraph 3 Amendment 1274 #
Proposal for a regulation Annex IV – Part A – paragraph 3 Amendment 1275 #
Proposal for a regulation Annex IV – Part A – paragraph 4 Amendment 1276 #
Proposal for a regulation Annex IV – Part A – paragraph 4 ‘Power’ means the amount of energy that a battery is capable to provide over a given period of time under reference conditions.
Amendment 1277 #
Proposal for a regulation Annex IV – Part A – paragraph 4 ‘Power’ means the amount of energy that a battery is capable to provide over a given period of time under reference conditions.
Amendment 1278 #
Proposal for a regulation Annex IV – Part A – paragraph 4 ‘Power’ means the amount of energy that a battery is capable to provide over a given period of time under reference conditions.
Amendment 1279 #
Proposal for a regulation Annex IV – Part A – paragraph 5 Amendment 1280 #
Proposal for a regulation Annex IV – Part A – paragraph 5 Amendment 1281 #
Proposal for a regulation Annex IV – Part A – paragraph 5 Amendment 1282 #
Proposal for a regulation Annex IV – Part A – paragraph 6 Amendment 1283 #
Proposal for a regulation Annex IV – Part A – paragraph 6 ‘Internal resistance’ means the opposition to the flow of current within a cell or a battery under reference conditions, that is, the sum of electronic resistance and ionic resistance to the contribution to total effective resistance including inductive/capacitive properties.
Amendment 1284 #
Proposal for a regulation Annex IV – Part A – paragraph 6 ‘Internal resistance’ means the opposition to the flow of current within a cell or a battery under reference conditions, that is, the sum of electronic resistance and ionic resistance to the contribution to total effective resistance including inductive/capacitive properties.
Amendment 1285 #
Proposal for a regulation Annex IV – Part A – paragraph 6 ‘Internal resistance’ means the opposition to the flow of current within a cell or a battery under reference conditions, that is, the sum of electronic resistance and ionic resistance to the contribution to total effective resistance including inductive/capacitive properties.
Amendment 1286 #
Proposal for a regulation Annex IV – Part A – paragraph 7 Amendment 1287 #
Proposal for a regulation Annex IV – Part A – paragraph 7 Amendment 1288 #
Proposal for a regulation Annex IV – Part A – paragraph 7 Amendment 1289 #
Proposal for a regulation Annex IV – Part B – paragraph 1 – point 2 2. Ratio between maximum
Amendment 1290 #
Proposal for a regulation Annex IV – Part B – paragraph 1 – point 2 2. Ratio between
Amendment 1291 #
Proposal for a regulation Annex IV – Part B – paragraph 1 – point 2 2. Ratio between
Amendment 1292 #
Proposal for a regulation Annex IV – Part B – paragraph 1 – point 3 Amendment 1293 #
Proposal for a regulation Annex IV – Part B – paragraph 1 – point 3 Amendment 1294 #
Proposal for a regulation Annex IV – Part B – paragraph 1 – point 4 Amendment 1295 #
Proposal for a regulation Annex IV – Part B – paragraph 1 – point 4 Amendment 1296 #
Proposal for a regulation Annex IV – Part B – paragraph 1 – point 5 Amendment 1297 #
Proposal for a regulation Annex IV – Part B – paragraph 1 – point 5 Amendment 1299 #
Proposal for a regulation Annex VI – Part A – paragraph 1 – point 2 Amendment 1300 #
Proposal for a regulation Annex VI – Part A – paragraph 1 – point 2 2. the battery type,
Amendment 1301 #
Proposal for a regulation Annex VI – Part A – paragraph 1 – point 2 a (new) 2a. the weight of the battery;
Amendment 1302 #
Proposal for a regulation Annex VI – Part A – paragraph 1 – point 3 3. unique battery model identifier;
Amendment 1303 #
Proposal for a regulation Annex VI – Part A – paragraph 1 – point 4 4. coded date of manufacture;
Amendment 1304 #
Proposal for a regulation Annex VI – Part A – paragraph 1 – point 5 Amendment 1305 #
Proposal for a regulation Annex VI – Part A – paragraph 1 – point 5 Amendment 1306 #
Proposal for a regulation Annex VI – Part A – paragraph 1 – point 6 6. chemistry, according to IEC standard 62902 on colour coding;
Amendment 1307 #
Proposal for a regulation Annex VI – Part A – paragraph 1 – point 7 Amendment 1308 #
Proposal for a regulation Annex VI – Part A – paragraph 1 – point 7 Amendment 1309 #
Proposal for a regulation 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 1310 #
Proposal for a regulation Annex VI – Part A – paragraph 1 – point 8 Amendment 1311 #
Proposal for a regulation Annex VI – Part A – paragraph 1 – point 8 Amendment 1312 #
Proposal for a regulation 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 1313 #
Proposal for a regulation Annex VI – Part A – paragraph 1 – point 8 8. critical raw materials contained in the battery and their recycled proportion.
Amendment 1314 #
Proposal for a regulation Annex VI – Part A – paragraph 1 – point 8 a (new) 8a. the CE marking as laid down in Article 20
Amendment 1315 #
Proposal for a regulation Annex VI – Part A – paragraph 1 – point 8 a (new) 8a. usable extinguishing agent
Amendment 1316 #
Proposal for a regulation Annex VI – Part A – paragraph 2 a (new) 2a. General information about batteries to be communicated via the QR code: 1.hazardous substances contained in the battery in more than 0,1% by weight other than mercury, cadmium or lead; 2. critical raw materials contained in the battery in more than 0,1% by weight.
Amendment 1317 #
Proposal for a regulation Annex VI – Part A – paragraph 2 a (new) 2a. Further information about batteries 1. date of placing on the market; 2. hazardous substances contained in the battery other than mercury, cadmium or lead; 3. critical raw materials contained in the battery.
Amendment 1318 #
Proposal for a regulation Annex VI – Part C – paragraph 1 The QR code shall be
Amendment 1319 #
Proposal for a regulation Annex VI – Part C – paragraph 1 The QR code shall
Amendment 1320 #
Proposal for a regulation Annex VI – Part C – paragraph 1 The QR code shall be
Amendment 1321 #
Proposal for a regulation Annex VII – paragraph 1 Amendment 1322 #
Proposal for a regulation Annex VII – paragraph 1 – introductory part Part A: Parameters for determining the state of health of electric vehicle batteries
Amendment 1323 #
Proposal for a regulation Annex VII – paragraph 1 – introductory part Parameters for determining the state of health of rechargeable industrial batteries:
Amendment 1324 #
Proposal for a regulation Annex VII – paragraph 1 – point 1 1.
Amendment 1325 #
Proposal for a regulation Annex VII – paragraph 1 – point 1 1. Remaining
Amendment 1326 #
Proposal for a regulation Annex VII – paragraph 1 – point 2 Amendment 1327 #
Proposal for a regulation Annex VII – paragraph 1 – point 3 Amendment 1328 #
Proposal for a regulation Annex VII – paragraph 1 – point 4 Amendment 1329 #
Proposal for a regulation Annex VII – paragraph 1 – point 5 Amendment 1330 #
Proposal for a regulation Annex VII – paragraph 1 – point 6 Amendment 1331 #
Proposal for a regulation Annex VII – paragraph 1 – point 7 Amendment 1332 #
Proposal for a regulation Annex VII – paragraph 2 a (new) Parameters for determining the state of health of electric vehicle batteries (as defined by the UNECE GTR on In- Vehicle Battery Durability): 1. State of Certified Energy (SOCE) 2. State of Certified Range (SOCR
Amendment 1333 #
Proposal for a regulation Annex VII – paragraph 2 a (new) Part B Parameters for determining the state of health of electric vehicle batteries: - State of Certified Energy (SOCE) - State of Certified Range (SOCR)
Amendment 1334 #
Proposal for a regulation Annex VII a (new) Part A Parameter for determining the state of health of rechargeable industrial batteries: 1. Remaining energy storage capability under specified reference conditions; Parameters for determining the expected lifetime of batteries: 1. The date of manufacture of the battery and of the putting into service; 2. Energy throughput; 3. Capacity throughput. Part B Parameters for determining the state of health of electric vehicle batteries (as defined by the UNECE GTR on In- Vehicle Battery Durability): 1. State of Certified Energy (SOCE) 2. State of Certified Range (SOCR)
Amendment 1335 #
Proposal for a regulation Annex VIII – Part A – point 4 – paragraph 1 a (new) A portable battery model requires a new conformity assessment whenever a change of more than 0,1 g or 20 % mass, whichever is greater, to the cathode, anode or electrolyte is made. Batteries other than portable batteries require a new conformity assessment whenever the change made is substantial and there is a potential risk of the change in the battery performance or characteristics related to the requirements of Chapters II and III of this Regulation.
Amendment 1336 #
Proposal for a regulation Annex VIII – Part B – point 4 – paragraph 1 For each battery model
Amendment 1337 #
Proposal for a regulation Annex IX – title EU
Amendment 1338 #
Proposal for a regulation Annex IX – point 1 1. Battery model (product, type
Amendment 1339 #
Proposal for a regulation Annex IX – point 7 a (new) 7a. The manufacturer is complying with the requirements set out in Articles 47 to 50.
Amendment 1352 #
Proposal for a regulation Annex X – point 1 – point e a (new) (ea) Services, hardware and software
Amendment 1353 #
Proposal for a regulation Annex X – point 2 – point a (a) air; (including, but not limited to air pollution);
Amendment 1354 #
Proposal for a regulation Annex X – point 2 – point a (a) air (including but not limited to air pollution);
Amendment 1355 #
Proposal for a regulation Annex X – point 2 – point b (b) water; (including but not limited to water contamination, access to water, water usage and depletion);
Amendment 1356 #
Proposal for a regulation Annex X – point 2 – point b (b) water (including but not limited to water contamination, access to water, water usage and depletion);
Amendment 1357 #
Proposal for a regulation Annex X – point 2 – point c (c) soil; (including but not limited to soil contamination, soil erosion and land degradation);
Amendment 1358 #
Proposal for a regulation Annex X – point 2 – point c (c) soil (including but not limited to soil contamination, soil erosion and land degradation);
Amendment 1360 #
Proposal for a regulation Annex X – point 2 – point d (d) biodiversity; (including but not limited to damage to habitats, wildlife, flora and ecosystem services);
Amendment 1361 #
Proposal for a regulation Annex X – point 2 – point d (d) biodiversity (including but not limited to damage to habitats, wildlife, flora and ecosystem services);
Amendment 1362 #
Proposal for a regulation Annex X – point 2 – point d (d) biodiversity , including deep-sea tailing placement (DSTP) practices;
Amendment 1363 #
Proposal for a regulation Annex X – point 2 – point d a (new) (da) waste management;
Amendment 1364 #
Proposal for a regulation Annex X – point 2 – point i (i) community life
Amendment 1365 #
Proposal for a regulation Annex X – point 2 – point i (i) community life
Amendment 1366 #
Proposal for a regulation Annex X – point 2 – point i a (new) (ia) access to information, public participation in decision-making and access to justice in environmental matters
Amendment 1369 #
Proposal for a regulation Annex X – point 2 – point i b (new) (ib) waste treatment (including but not limited to mine tailings).
Amendment 1370 #
Proposal for a regulation Annex X – point 2 – point i b (new) (ib) waste treatment (including but not limited to mine tailings);
Amendment 1371 #
Proposal for a regulation Annex X – point 3 – point a a (new) (aa) UN Guiding Principles for Businesses and Human Rights;
Amendment 1372 #
Proposal for a regulation Annex X – point 3 – point b a (new) (ba) the UN Paris Agreement;
Amendment 1373 #
Proposal for a regulation 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 1374 #
Proposal for a regulation Annex X – point 3 – point e (e)
Amendment 1375 #
Proposal for a regulation Annex X – point 3 – point e a (new) (ea) OECD Guidelines for Multinational Enterprises;
Amendment 1376 #
Proposal for a regulation Annex X – point 3 – point f (f)
Amendment 1377 #
Proposal for a regulation Annex X – point 3 – point f a (new) (fa) Setting Site Water Targets Informed By Catchment Context: A Guide For Companies (2019);
Amendment 1378 #
Proposal for a regulation Annex X – point 3 – point f b (new) (fb) Guidance for Companies on Respecting the Human Rights to Water and Sanitation (2015);
Amendment 1379 #
Proposal for a regulation Annex X – point 3 – point f c (new) (fc) Ramsar Convention;
Amendment 1380 #
Proposal for a regulation Annex X – point 3 – point f d (new) (fd) Voluntary Guidelines for Sustainable Soil Management (2017);
Amendment 1381 #
Proposal for a regulation Annex X – point 3 – point f e (new) (fe) Land use, land use change and Forestry Regulation;
Amendment 1382 #
Proposal for a regulation Annex X – point 3 – point f f (new) (ff) Framework for Corporate Action on Biodiversity and Ecosystem (2012);
Amendment 1383 #
Proposal for a regulation Annex X – point 3 – point f g (new) (fg) UN Paris Agreement;
Amendment 1384 #
Proposal for a regulation Annex X – point 3 – point f h (new) (fh) Adapting for a Green Economy: Companies, Communities and Climate Change (2011);
Amendment 1385 #
Proposal for a regulation Annex X – point 3 – point f i (new) (fi) The Guide for Responsible Corporate Engagement in Climate Policy (2013);
Amendment 1386 #
Proposal for a regulation Annex X – point 3 – point f j (new) (fj) Minamata Convention;
Amendment 1387 #
Proposal for a regulation Annex X – point 3 – point f k (new) (fk) Best Available Techniques (BAT) Reference Document for the Management of Waste from Extractive Industries in accordance with Directive 2006/21/EC (2018);
Amendment 1388 #
Proposal for a regulation Annex X – point 3 – point f l (new) (fl) EU Mining Waste Directive;
Amendment 1389 #
Proposal for a regulation Annex X – point 3 – point f m (new) (fm) Aarhus Convention;
Amendment 1390 #
Proposal for a regulation Annex X – point 3 – point f n (new) (fn) Environmental Liability Directive (Directive 2004/35/EC)
Amendment 1391 #
Proposal for a regulation 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 1392 #
Proposal for a regulation Annex X – point 3 a (new) 3a. The internationally recognized due diligence principles applicable to the due diligence established under Art.39 of this Regulation: (a) UN Guiding Principles for Businesses and Human Rights; (b) OECD Guidelines for Multinational Enterprises (c) OECD Due Diligence Guidance for Responsible Business Conduct; and (d) OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas.
Amendment 1393 #
Proposal for a regulation Annex X – point 3 a (new) 3a. The internationally recognized due diligence principles applicable to the due diligence established under Art. 39 of this Regulation: (a) UN Guiding Principles for Businesses and Human Rights; (b) OECD Guidelines for Multinational Enterprises (c) OECD Due Diligence Guidance for Responsible Business Conduct; and (d) OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas.
Amendment 1394 #
Proposal for a regulation Annex XI – point -1 (new) -1. The calculations laid down in this Article shall be done separately for portable batteries of general use and portable batteries excluding batteries of general use.
Amendment 1395 #
Proposal for a regulation Annex XI – point 1 1. Producers or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf, and Member States shall calculate the collection rate as the percentage obtained by dividing the weight of waste portable batteries excluding waste batteries from light means of transport, collected in accordance with Article 48 and Article 55, respectively, in a given calendar year in a Member State by the
Amendment 1396 #
Proposal for a regulation Annex XI – point 1 1. Producers or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf, and Member States shall calculate the collection rate as the percentage obtained by dividing the weight of waste
Amendment 1397 #
Proposal for a regulation Annex XI – point 2 2. Producers or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf, and Member States shall calculate the annual sales of portable batteries
Amendment 1398 #
Proposal for a regulation Annex XI – point 2 2. Producers or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf, and Member States shall calculate the annual sales of portable batteries,
Amendment 1399 #
Proposal for a regulation Annex XI – point 2 2. Producers or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf, and Member States shall calculate the annual sales of portable batteries, excluding batteries from light means of transport, to end-users in a given year, as the weight of such batteries made available on the market for the first time within the territory of the Member State in the year
Amendment 1400 #
Proposal for a regulation Annex XI – point 2 a (new) 2a. 1. Producers or producer responsibility organisations acting on their behalf, and Member States shall analyse the lifecycle of portable batteries, by undertaking a European representative lifespan analysis based on an empiric sampling every […] years.
Amendment 1401 #
Proposal for a regulation Annex XI – point 2 b (new) 2b. Producers of batteries and producers of electrical and electronic equipment (EEE) or producer responsibility organisations acting on their behalf, and Member States shall calculate the annual export of embedded batteries in waste electrical and electronic equipment (WEEE).
Amendment 1402 #
Proposal for a regulation Annex XI – point 2 c (new) 2c. Producers of batteries and producers of electrical and electronic equipment (EEE) or producer responsibility organisations acting on their behalf, and Member States shall calculate the annual export of embedded batteries in second-hand electrical and electronic equipment.
Amendment 1403 #
Proposal for a regulation Annex XI – point 3 3. For each portable battery, only the first time it is made available on the market in a Member State shall be counted.
Amendment 1404 #
Proposal for a regulation Annex XI – point 4 4. The calculation provided for in points 2, 3, 4, and
Amendment 1405 #
Proposal for a regulation Annex XI a (new) Annex XI-A (new) Calculation of collection rates of waste light means of transport batteries 1. Producers or, producer responsibility organisations acting on their behalf, and Member States shall calculate the collection rate as the percentage obtained by dividing the weight of waste light means of transport batteries collected in accordance with Article 48 and Article 55, respectively in a given calendar year in a Member State by the weight of waste light means of transport batteries available for collection on its territory, obtained by taking into account the lifecycle of light means of transport batteries, the export of light means of transport batteries, the export of batteries in secondhand light means of transport and the weight of remanufactured and repurposed light means of transport batteries. 2. Producers or producer responsibility organisations acting on their behalf, and Member States shall calculate the annual sales of light means of transport batteries, to end-users in a given year, as the weight of light means of transport batteries made available on the market for the first time within the territory of the Member State in the year concerned, excluding any light means of transport batteries that have left the territory of that Member State in that year before being sold to the end users. 3. Producers or producer responsibility organisations acting on their behalf, and Member States shall analyse the lifecycle of light means of transport batteries, by undertaking a European representative lifespan analysis based on an empiric sampling every [… ] years. 4. Producers of batteries and producers of electrical and electronic equipment (EEE) or producer responsibility organisations acting on their behalf, and Member States shall calculate the annual export of light means of transport batteries. 5. Producers of batteries and producers of electrical and electronic equipment (EEE) or producer responsibility organisations acting on their behalf, and Member States shall calculate the annual export of batteries in second-hand light means of transport. 6. Producers of batteries and producers of electrical and electronic equipment (EEE) or producer responsibility organisations acting on their behalf, and Member States shall calculate the weight of remanufactured and repurposed light means of transport batteries. 7. For each light means of transport battery, only the first time it is made available on the market in a Member State shall be counted. The calculation provided for in points 2,3,4,5 and 6 shall be based on collected data or based on European representative research.
Amendment 1406 #
Proposal for a regulation Annex XI a (new) Calculation of collection rates of waste light means of transport, automotive, industrial and electric vehicle batteries 1. Producers or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf, and Member States shall calculate the collection rate using the calculation methodology introduced by the delegated act referred to in Article 55(3a). This calculation methodology shall be presented separately for light means of transport, automotive, industrial and electric vehicle batteries and be based on the average weight of the batteries which the producer places on the market in that Member State during a calendar year and will take into account the lifespan of these batteries and will deduct batteries legally exported outside the EU market and re-used, repurposed and remanufactured batteries.
Amendment 1407 #
Proposal for a regulation Annex XII – Part B – point 1 – introductory part 1. No later than 1 January 20
Amendment 1408 #
Proposal for a regulation Annex XII – Part B – point 1 – introductory part 1. No later than 1 January 202
Amendment 1409 #
Proposal for a regulation Annex XII – Part B – point 1 – point a (a) recycling of 75 % by average weight of
Amendment 1410 #
Proposal for a regulation Annex XII – Part B – point 1 – point a a (new) (aa) recycling of 85 % by average weight of nickel-cadmium batteries;
Amendment 1411 #
Proposal for a regulation Annex XII – Part B – point 1 – point b (b) recycling of
Amendment 1412 #
Proposal for a regulation Annex XII – Part B – point 1 – point b (b) recycling of
Amendment 1413 #
Proposal for a regulation Annex XII – Part B – point 1 – point c (c) recycling of
Amendment 1414 #
Proposal for a regulation Annex XII – Part B – point 2 – point b (b) recycling of
Amendment 1415 #
Proposal for a regulation Annex XII – Part B – point 2 – point b (b) recycling of
Amendment 1416 #
Proposal for a regulation Annex XII – Part C – point 1 – introductory part 1. No later than 1 January 2026, all recycling processes that finally extract the raw material concerned shall achieve the following levels of materials recovery:
Amendment 1417 #
Proposal for a regulation Annex XII – Part C – point 1 – introductory part 1. No later than 1 January 202
Amendment 1418 #
Proposal for a regulation Annex XII – Part C – point 1 – introductory part 1. No later than 1 January 20
Amendment 1419 #
Proposal for a regulation Annex XII – Part C – point 1 – introductory part 1. No later than 1 January 202
Amendment 1420 #
Proposal for a regulation Annex XII – Part C – point 1 – point a (a) 9
Amendment 1421 #
Proposal for a regulation Annex XII – Part C – point 1 – point a (a) 9
Amendment 1422 #
Proposal for a regulation Annex XII – Part C – point 1 – point b (b) 9
Amendment 1423 #
Proposal for a regulation Annex XII – Part C – point 1 – point c (c) 9
Amendment 1424 #
Proposal for a regulation Annex XII – Part C – point 1 – point d (d)
Amendment 1425 #
Proposal for a regulation Annex XII – Part C – point 1 – point d (d)
Amendment 1426 #
Proposal for a regulation Annex XII – Part C – point 1 – point e (e) 9
Amendment 1427 #
Proposal for a regulation Annex XII – Part C – point 1 – point e (e) 9
Amendment 1428 #
Proposal for a regulation Annex XII – Part C – point 1 – point e a (new) (ea) 95% for cadmium
Amendment 1429 #
Proposal for a regulation Annex XII – Part C – point 2 – introductory part 2. No later than 1 January 2030, all recycling processes that finally extract the raw material concerned shall achieve the following levels of materials recovery:
Amendment 1430 #
Proposal for a regulation Annex XII – Part C – point 2 – point a (a) 9
Amendment 1431 #
Proposal for a regulation Annex XII – Part C – point 2 – point b (b) 9
Amendment 1432 #
Proposal for a regulation Annex XII – Part C – point 2 – point d (d)
Amendment 1433 #
Proposal for a regulation Annex XII – Part C – point 2 – point d (d)
Amendment 1434 #
Proposal for a regulation Annex XII – Part C – point 2 – point e (e) 9
Amendment 1435 #
Proposal for a regulation Annex XII – Part C – point 2 – point e a (new) (ea) 95% for cadmium
Amendment 1436 #
Proposal for a regulation Annex XIII – point 1 – point c (c)
Amendment 1437 #
Proposal for a regulation Annex XIII – point 1 – point e (e) Battery c
Amendment 1438 #
Proposal for a regulation Annex XIII – point 1 – point e (e) Battery composition, including
Amendment 1439 #
Proposal for a regulation Annex XIII – point 1 – point e a (new) (ea) Information on the reparability of battery in case of defect and if block of battery cells or individual battery cells can be replaced or only the battery in its entirety.
Amendment 1440 #
Proposal for a regulation Annex XIII – point 1 – point i (i)
Amendment 1441 #
Proposal for a regulation Annex XIII – point 1 – point j Amendment 1442 #
Proposal for a regulation Annex XIII – point 1 – point k Amendment 1443 #
Proposal for a regulation Annex XIII – point 1 – point l Amendment 1444 #
Proposal for a regulation Annex XIII – point 1 – point m Amendment 1445 #
Proposal for a regulation Annex XIII – point 1 – point n Amendment 1446 #
Proposal for a regulation Annex XIII – point 1 – point p Amendment 1447 #
Proposal for a regulation Annex XIII – point 1 – point q Amendment 1448 #
Proposal for a regulation Annex XIII – point 1 – point r Amendment 1449 #
Proposal for a regulation Annex XIII – point 1 – point r a (new) (ra) Condition of the battery (first life - waste - repurposed - recycled)
Amendment 1450 #
Proposal for a regulation 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 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 The part of the system that shall be accessible only to independent operators, accredited remanufacturers, second-life operators and recyclers shall contain:
Amendment 1453 #
Proposal for a regulation Annex XIII – point 2 – point a Amendment 1454 #
Proposal for a regulation Annex XIII – point 2 – point b Amendment 233 #
Proposal for a regulation 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 234 #
Proposal for a regulation Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 114 and 192.1 thereof,
Amendment 235 #
Proposal for a regulation Recital 1 (1) The European Green Deal24 is Europe’s growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy where there are no net emissions of greenhouse gases in 2050 and where economic growth is decoupled as far as possible from resource use. A shift from the use of fossil fuels in vehicles to electromobility is presented as one of the prerequisites for reaching the climate neutrality goal in 2050. In order for the Union’s product policies to contribute to lowering carbon emissions on a global level, it needs to be ensured that products marketed and sold in the Union are sourced and manufactured in a sustainable manner. However, the policy of reducing greenhouse gases must not be at the expense of the environment, social rights or human and civil rights. __________________ 24Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, The European Green Deal (COM (2019) 640 final).
Amendment 236 #
Proposal for a regulation Recital 2 (2) Batteries are thus an important source of energy and one of the key enablers for sustainable development,
Amendment 237 #
Proposal for a regulation Recital 2 (2) Batteries are thus an important source of energy and one of the key
Amendment 238 #
Proposal for a regulation 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
Amendment 239 #
Proposal for a regulation Recital 8 (8) The new Circular Economy Action Plan adopted on 11 March 202028 states that the proposal for a new regulatory framework for batteries will consider rules on recycled content and measures to improve the collection and recycling rates of all batteries, in order to ensure the recovery of valuable materials and to provide guidance to consumers and will address the possible phasing out of non- rechargeable batteries where alternatives exist. Such a phasing out should only take place if clear evidence can be presented that it will have substantial benefits, especially for the environment. Furthermore, it is stated that sustainability and transparency requirements will be considered, taking
Amendment 240 #
Proposal for a regulation Recital 9 (9) Addressing the entire life cycle of
Amendment 241 #
Proposal for a regulation Recital 10 (10) This Regulation should apply to all types of batteries and accumulators placed on the market or put into service within the Union, whether on their own or incorporated into appliances or otherwise supplied with electrical and electronic appliances and vehicles.
Amendment 242 #
Proposal for a regulation Recital 10 (10) This Regulation should apply to all types of batteries and accumulators placed on the market or put into service within the Union, regardless if they were produced in the Union or imported, whether on their own or incorporated into appliances or otherwise supplied with electrical and electronic appliances and vehicles. This Regulation should apply regardless of whether a battery is specifically designed for a product or is of general use and regardless of whether it is incorporated into a product or is supplied together with or separately from a product in which it is to be used.
Amendment 243 #
Proposal for a regulation Recital 12 (12) Within the Regulation’s wide scope, it is appropriate to distinguish between different categories of batteries in accordance with their design and use, independent of the battery chemistry. The classification into portable batteries, on one hand, and industrial batteries and automotive batteries on the other hand under Directive 2006/66/EC should be further developed to better reflect new developments in the use of batteries. Batteries that are used for traction in electric vehicles and which under Directive
Amendment 244 #
Proposal for a regulation Recital 12 (12) Within the Regulation’s wide scope, it is appropriate to distinguish between different categories of batteries in accordance with their design and use, independent of the battery chemistry. The classification into portable batteries, on one hand, and industrial batteries and automotive batteries on the other hand under Directive 2006/66/EC should be further developed to better reflect new developments in the use of batteries. Batteries that are used for traction in electric vehicles and which under Directive 2006/66/EC fall in the category of industrial batteries, constitute a large and growing part of the market due to the quick growth of electric road transport vehicles. It is therefore appropriate to classify those batteries that are used for traction in road vehicles as a new category of electric vehicle batteries. Batteries used for light means of transport, including electric bicycles and electric scooters, are growing rapidly in use. As these batteries are not clearly classified under Directive 2006/66/EC it is appropriate to establish a new category for these batteries called light means of transport batteries. Batteries used for traction in other transport vehicles including rail, waterborne and aviation transport, continue to fall under the category of industrial batteries under this Regulation. The industrial battery type encompasses a broad group of batteries, intended to be used for industrial activities, communication infrastructure, agricultural activities or generation and distribution of electric energy. In addition to this non exhaustive list of examples, any battery that is neither a portable battery nor an automotive battery nor an electric vehicle battery, nor a light means of transport battery, should be considered an industrial battery. Batteries used for energy storage in private or domestic environments. are considered industrial batteries for the purposes of this Regulation.
Amendment 245 #
Proposal for a regulation Recital 12 a (new) (12a) Considering that stationary battery energy storage systems will be an important factor in making the energy transition a success; Calls on the Commission to commit to encouraging co- operative initiatives from local communities and neighbourhoods to jointly purchase, manage and use stationary battery energy storage systems to maximise the cost-efficiency, energy- efficiency and to minimalise energy transmission losses.
Amendment 246 #
Proposal for a regulation 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
Amendment 247 #
Proposal for a regulation Recital 13 (13) Batteries should be designed and manufactured so as to optimise their performance, durability, affordability 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 248 #
Proposal for a regulation 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
Amendment 249 #
Proposal for a regulation Recital 15 Amendment 250 #
Proposal for a regulation 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
Amendment 251 #
Proposal for a regulation Recital 15 (15)
Amendment 252 #
Proposal for a regulation Recital 16 Amendment 253 #
Proposal for a regulation Recital 16 Amendment 254 #
Proposal for a regulation Recital 17 Amendment 255 #
Proposal for a regulation Recital 17 Amendment 256 #
Proposal for a regulation Recital 17 (17) The procedure for adopting new and amending current restrictions on hazardous substances in batteries should be
Amendment 257 #
Proposal for a regulation 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
Amendment 258 #
Proposal for a regulation 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 259 #
Proposal for a regulation 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 , climate change is the second highest related impact category for batteries after the use of minerals and metals. The technical documentation for rechargeable industrial batteries and electric vehicle batteries with internal
Amendment 260 #
Proposal for a regulation 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 , climate change is the second highest related impact category for batteries after the use of minerals and
Amendment 261 #
Proposal for a regulation Recital 18 (18) The expected massive deployment
Amendment 262 #
Proposal for a regulation 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 , climate change is the second highest related impact category for batteries after the use of minerals and metals. The technical documentation for rechargeable industrial batteries, light means of transport batteries, and electric vehicle batteries with internal storage and a capacity above 2 kWh placed on the Union market should therefore be accompanied by a carbon footprint declaration,
Amendment 263 #
Proposal for a regulation 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 , climate change is the second highest related impact category for batteries after the use of minerals and metals. The technical documentation for
Amendment 264 #
Proposal for a regulation Recital 18 a (new) (18a) The maximum lifecycle carbon footprint thresholds should be future proof and evolve progressively according to the best available manufacturing and production processes. Therefore, when adopting the delegated act determining the maximum life cycle carbon footprint threshold referred to in Article 7, paragraph 3, the European Commission must take into account the best available manufacturing and production process and ensure that the selected technical criteria are consistent with the objective of this Regulation to ensure that batteries placed on the EU market guarantee a high level of protection of human health, safety, property and the environment.
Amendment 265 #
Proposal for a regulation Recital 19 (19) Certain substances contained in batteries, such as cobalt, lead, lithium or nickel, are acquired from scarce resources which are not easily available in the Union, and some are considered critical raw materials by the Commission. This is an area where Europe needs to enhance its strategic autonomy and increase its resilience in preparation for potential
Amendment 266 #
Proposal for a regulation Recital 19 (19) Certain substances contained in batteries, such as cobalt, lead, lithium or nickel, are acquired from scarce resources which are not easily available in the Union, and some are considered critical raw materials by the Commission.
Amendment 267 #
Proposal for a regulation Recital 19 (19) Certain substances contained in batteries, such as cobalt, lead, lithium or nickel, are acquired from scarce resources which are not easily available in the Union, and some are considered critical raw materials by the Commission. This is an area where Europe needs to enhance its strategic autonomy and increase its resilience in preparation for potential disruptions in supply
Amendment 268 #
Proposal for a regulation Recital 19 (19) Certain substances contained in batteries, such as cobalt, lead, lithium or nickel, are acquired from scarce resources
Amendment 269 #
Proposal for a regulation Recital 19 a (new) (19a) Notes that extraction of raw materials often takes place in insecure and politically unstable countries. Highlights, that this is especially the case with cobalt, of which around 70% of the current global production derives from Congo-Kinshasa, where working conditions are extremely poor. Emphasises therefore, that efforts within the EU to reduce CO2 emissions must not be connected with child labour, slave labour or unacceptable environmental pollution, nor contribute to financing armed conflicts.
Amendment 270 #
Proposal for a regulation Recital 19 a (new) (19a) The European Union needs to step up innovation in battery manufacturing and recycling, especially in view of the potential of renewable materials to replace traditional critical raw materials.
Amendment 271 #
Proposal for a regulation Recital 20 (20) The increased use of recovered materials would support the development of the circular economy and allow a more resource-efficient use of materials, while reducing Union dependency on materials from third countries. For batteries, this is particularly relevant for cobalt, lead, lithium and nickel. Therefore, it is necessary to promote the recovery of such materials from waste, establishing a requirement on the level of recycled content in batteries using cobalt, lead, lithium and nickel in active materials.
Amendment 272 #
Proposal for a regulation Recital 20 (20) The increased use of recovered materials would support the development of the circular economy and allow a more resource-efficient use of materials, while reducing Union dependency on materials from third countries. For batteries, this is particularly relevant for cobalt, lead, lithium and nickel. Therefore, it is necessary to promote the recovery of such materials from waste
Amendment 273 #
Proposal for a regulation Recital 20 (20) The increased use of recovered materials would support the development of the circular economy and allow a more resource-efficient use of materials, while reducing Union dependency on materials from third countries. For batteries, this is particularly relevant for cobalt, lead, lithium and nickel. Therefore, it is necessary to promote the recovery of such materials from waste, establishing a requirement on the level of recycled content in batteries using cobalt, lead, lithium and nickel in active materials. This Regulation sets mandatory recycled content targets for cobalt, lead, lithium and nickel and which should be met by 2030. For cobalt, lithium and nickel increased targets are established by 2035. All targets, should take into account the availability of waste, from which such materials can be recovered, the technical and economic feasibility of the involved recovery and manufacture processes as well as the time needed by the economic operators to adapt their supply and manufacturing processes. Therefore, before such mandatory targets become applicable, the requirement related to recycled content should be limited to disclosure of information on recycled content.
Amendment 274 #
Proposal for a regulation 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 amending the targets, by lowering them, for the minimum share of recycled cobalt, lead, lithium or nickel present in active materials in batteries to limits that are technically and economically feasible.
Amendment 275 #
Proposal for a regulation Recital 21 (21) In order to take into account the risk of supply of cobalt, lead, lithium and nickel and to assess their availability,
Amendment 276 #
Proposal for a regulation Recital 21 (21) In order to take into account
Amendment 277 #
Proposal for a regulation Recital 21 (21) In order to take into account the risk of supply of cobalt, lead, lithium and nickel and to assess their availability,
Amendment 278 #
Proposal for a regulation 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
Amendment 279 #
Proposal for a regulation Recital 22 (22) In order to ensure uniform conditions for the implementation of the rules on calculating and verifying, per battery model
Amendment 280 #
Proposal for a regulation Recital 22 (22) In order to ensure uniform conditions for the implementation of the rules on calculating and verifying, per battery model and batch per manufacturing plant, the amount of cobalt, lead, lithium or nickel recovered from waste present in active materials in batteries and the information requirements for technical documentation, implementing powers should be conferred on the Commission in due time.
Amendment 281 #
Proposal for a regulation Recital 22 (22) In order to ensure uniform conditions for the implementation of the rules on calculating and verifying, per battery model
Amendment 282 #
Proposal for a regulation Recital 22 (22) In order to ensure uniform conditions for the implementation of the rules on calculating and verifying, per battery model
Amendment 283 #
Proposal for a regulation Recital 23 Amendment 284 #
Proposal for a regulation Recital 23 (23) Batteries placed on the Union market should be durable and highly performant. It is therefore necessary to set out performance and durability parameters for portable batteries of general use
Amendment 285 #
Proposal for a regulation Recital 23 (23) Batteries placed on the Union market should be durable and highly performant. It is therefore necessary to set out performance and durability parameters for
Amendment 286 #
Proposal for a regulation Recital 23 (23) Batteries placed on the Union
Amendment 287 #
Proposal for a regulation Recital 23 a (new) (23a) The content of this regulation falls within the scope of the current negotiations at the UNECE, which are expected to be concluded in November 2021 and its provisions must, therefore, take this into account.
Amendment 288 #
Proposal for a regulation 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
Amendment 289 #
Proposal for a regulation 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
Amendment 290 #
Proposal for a regulation 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
Amendment 291 #
Proposal for a regulation Recital 25 Amendment 292 #
Proposal for a regulation Recital 25 (25) Some non-rechargeable batteries of general use may imply an inefficient use of resources and energy. Objective requirements regarding the performance and durability of such batteries should be established in order to ensure that fewer low performing non-rechargeable portable batteries of general use are placed on the market, in particular, where, based on a life cycle assessment, the alternative use of rechargeable batteries would result in overall environmental benefits. Requirements should be established phasing out non-rechargeable portable batteries of general use in the medium term and the transition of the companies manufacturing them in Europe to production of rechargeable batteries should be managed in such a way as to avoid dependence on output from third countries and to preserve the jobs and know-how of European companies in the sector.
Amendment 293 #
Proposal for a regulation Recital 25 (25) Some non-rechargeable batteries of general use may imply an inefficient use of resources and energy and their use should be phased out. Objective
Amendment 294 #
Proposal for a regulation Recital 25 (25) Some non-rechargeable batteries of general use may imply an inefficient use of resources and energy. Objective requirements regarding the performance and durability of such batteries should be established in order to ensure that fewer low performing non-rechargeable portable batteries of general use are placed on the market, i
Amendment 295 #
Proposal for a regulation Recital 26 (26) In order to ensure that
Amendment 296 #
Proposal for a regulation Recital 26 (26) In order to ensure that portable
Amendment 297 #
Proposal for a regulation Recital 26 (26) In order to ensure that portable batteries incorporated into appliances are subject to proper separate collection, treatment and high quality recycling and downcycling once they have become waste, provisions to ensure their removability and replaceability
Amendment 298 #
Proposal for a regulation Recital 26 a (new) (26a) Interoperability of chargers within specific categories of products could reduce unnecessary waste and costs for the benefit of consumers and other end- users. It should be possible therefore to recharge batteries for products such as electric vehicles, light means of transport, IT, telecommunications and consumer equipment as well as electric or electronic tools such as gardening tools or power drills, by making use of common chargers that allow interoperability within each category of products. A common charger specifically for small and medium sized electronic devices, like mobile phones and tablets, should be introduced at an earlier stage as per revision of the Directive 2014/53/EU on the harmonization of the laws of the Member States relating to the making available on the market of radio equipment;
Amendment 299 #
Proposal for a regulation 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) (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) (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) (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 303 #
Proposal for a regulation Recital 27 (27) Reliable batteries are fundamental for the operation and safety of many products, appliances and services.
Amendment 304 #
Proposal for a regulation 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 only be labelled with
Amendment 305 #
Proposal for a regulation 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
Amendment 306 #
Proposal for a regulation Recital 29 (29) Information about the performance of batteries is essential to ensure that end- users as consumers are well and timely informed and in particular that they have a common basis to compare different batteries before making their purchase. Therefore, portable batteries of general use and automotive batteries should be marked with a label containing the information on their minimum average duration when used in specific applications. Additionally, it is important to guide the end-user to discard waste batteries in an appropriate way. With a view to greatly increasing the recovery rate of portable batteries of general use, portable batteries and automotive batteries, arrangements should be explored linked to introducing a deposit fee prior to placing these products on the consumer market.
Amendment 307 #
Proposal for a regulation 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
Amendment 308 #
Proposal for a regulation 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
Amendment 309 #
Proposal for a regulation Recital 30 (30) Rechargeable industrial batteries and electric-vehicle batteries with internal storage with a capacity above 2 kWh should contain a battery management system that stores data so that the state of health, remaining maximum capacity and expected lifetime of batteries may be determined at any time by the end-
Amendment 310 #
Proposal for a regulation Recital 30 (30)
Amendment 311 #
Proposal for a regulation Recital 30 (30) Rechargeable industrial batteries and electric-vehicle batteries with internal storage with a capacity above 2 kWh should contain a battery management system that stores data so that the state of health and expected lifetime of batteries may be determined
Amendment 312 #
Proposal for a regulation 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 (59) Only few countries supply those materials and, in some cases, low standards of governance may exacerbate environmental and social problems.
Amendment 314 #
Proposal for a regulation Recital 59 (59) Only few countries supply those materials and, in some cases, low standards of governance may exacerbate environmental and social problems.
Amendment 315 #
Proposal for a regulation Recital 59 a (new) (59a) Acknowledges the need for the EU to claim an important global role in the recycling and downcycling of batteries; Calls on the Commission to study the possibility to enable the import of (waste) batteries from outside the European Union for this purpose.
Amendment 316 #
Proposal for a regulation Recital 60 (60) Some of the raw materials in question, such as cobalt, lithium and natural graphite, are considered as critical raw materials for the EU38 and their sustainable sourcing is required for the EU battery ecosystem to perform adequately. Sustainability and social responsibility shall not be limited to the raw materials sector, however. In view of the many final cells or modules imported to the EU, due diligence at the production and recycling stage shall be considered too. __________________ 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 317 #
Proposal for a regulation 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
Amendment 318 #
Proposal for a regulation Recital 63 (63) Therefore, in view of the expected exponential growth in battery demand in the EU, the economic operator that places a battery on the EU market should set up a supply chain due diligence policy
Amendment 319 #
Proposal for a regulation Recital 63 (63) Therefore, in view of the expected exponential growth in battery demand in the EU, the economic operator that places a battery on the EU market should be encouraged to set up a supply chain due diligence policy
Amendment 320 #
Proposal for a regulation Recital 64 (64) When putting in place a risk-based due diligence policy, it should be based on internationally recognised due diligence principles in the United Nations Guiding Principles on Business and Human Rights 39a, the Ten Principles of the United Nations Global Compact40 , the Guidelines for Social Life Cycle Assessment of Products41 , the ILO Tripartite Declaration of Principles
Amendment 321 #
Proposal for a regulation Recital 65 (65) According to the
Amendment 322 #
Proposal for a regulation Recital 66 (66) Mandatory
Amendment 323 #
Proposal for a regulation Recital 66 (66)
Amendment 324 #
Proposal for a regulation Recital 68 (68) As regards the environmental risk categories, the due diligence policies should address the risks in the battery supply chain in relation to protection of the natural environment and of the biological diversity in line with the Convention on Biological Diversity49 , which includes also the consideration of local communities, and the protection and the development of
Amendment 325 #
Proposal for a regulation 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 326 #
Proposal for a regulation Recital 70 (70)
Amendment 327 #
Proposal for a regulation Recital 78 (78) In order to ensure high quality recycling in the batteries supply chains, boost the uptake of quality secondary raw materials and protect the environment, a high level of collection and recycling of waste batteries should be the rule. The collection of waste batteries is a fundamental crucial step for closing the loop for the valuable materials contained in batteries through their recycling and to keep the batteries value chain inside the Union, thus facilitating the access to the recovered materials that can further be used to manufacture new products. In recent years, improper handling and collection of batteries have been responsible for an increasing number of fire hazards in collection and sorting due to increased energy density in lithium portable batteries. Putting an appropriate economic value on batteries will increase the willingness of end users to properly return waste batteries to collection and prevent harm to humans, the environment, and the circular economy. For reasons of hazard protection and the achievement of high collection and recycling levels, deposit refund schemes on lithium portable batteries shall be established in all Member States by 2025.
Amendment 328 #
Proposal for a regulation Recital 78 (78) In order to ensure high quality recycling in the batteries supply chains, stimulate downcycling where high quality recycling is not possible, boost the uptake of quality secondary raw materials and protect the environment, a high level of collection and recycling of waste batteries should be the rule. The collection of waste batteries is a fundamental crucial step for closing the loop for the valuable materials contained in batteries through their recycling and to keep the batteries value chain inside the Union, thus facilitating the access to the recovered materials that can further be used to manufacture new products.
Amendment 329 #
Proposal for a regulation Recital 79 a (new) (79a) For portable batteries, they should do so by establishing a collection network that covers the whole territory of the Member States, that is close to the end user and that does not only target areas and batteries where the collection is profitable. The collection network should include any distributor, authorised treatment facility for waste electric and electronic equipment, civic amenity sites and other actors based on their own accord, such as public authorities and schools. In order to verify and improve the effectiveness of the collection network and the information campaigns, regular compositional surveys at least at NUTS 2 level32should be carried out on mixed municipal waste and waste electrical and electronic equipment collected to determine the amount of waste portable batteries therein.
Amendment 330 #
Proposal for a regulation 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.
Amendment 331 #
Proposal for a regulation 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.
Amendment 332 #
Proposal for a regulation 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.
Amendment 333 #
Proposal for a regulation Recital 82 (82)
Amendment 334 #
Proposal for a regulation Recital 82 a (new) (82a) The collection rate for light means of transport should be calculated according to a new available collection methodology which the Commission, in accordance with Article 290 of the Treaty on the Functioning of the European Union, shall present.
Amendment 335 #
Proposal for a regulation Recital 83 (83) All automotive, industrial and electric vehicles batteries should be collected, and the collection rate calculated using the new available for collection method referred to in Recital 82a, and for that purpose the producers of such batteries should be required to accept and take back free of charge, all waste automotive, industrial and electric vehicles batteries from end-users. Detailed reporting obligations should be established for all actors involved in the collection of waste automotive, industrial and electric vehicles batteries.
Amendment 336 #
Proposal for a regulation Recital 86 (86) Targets for the efficiency of the recycling processes and material recovery targets should be established to ensure the production of recovered materials of quality for the battery industry, while at the same time ensuring clear and common rules for recyclers and avoiding distortions of competition or other impediments to the smooth functioning of the internal market for secondary raw materials from waste batteries. Recycling efficiencies,
Amendment 337 #
Proposal for a regulation 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
Amendment 338 #
Proposal for a regulation 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
Amendment 339 #
Proposal for a regulation Recital 88 (88)
Amendment 340 #
Proposal for a regulation 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
Amendment 341 #
Proposal for a regulation Recital 100 (100)
Amendment 342 #
Proposal for a regulation Recital 101 Amendment 343 #
Proposal for a regulation 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 (110) Since the objective of this Regulation, namely to
Amendment 345 #
Proposal for a regulation Article 1 – paragraph 1 1. This Regulation establishes requirements on economic, environmental and social sustainability, safety, labelling and information to allow the placing on the market or putting into service of batteries, as well as requirements for the collection, treatment and recycling of waste batteries.
Amendment 346 #
Proposal for a regulation Article 1 – paragraph 1 a (new) 1a. This Regulation lays down measures to strengthen the internal market for batteries as such measures are needed in order for the Union to become a global leader in sustainable batteries production as well as to guarantee the Union's long-term competitiveness and foster the decarbonisation of the Union's economy;
Amendment 347 #
Proposal for a regulation Article 1 – paragraph 1 b (new) 1b. This Regulation lays down measures to improve the treatment of waste batteries by creating harmonised rules within the Union as such measures are needed in order to improve the efficiency of resource use and for the transition to a circular economy;
Amendment 348 #
Proposal for a regulation Article 1 – paragraph 2 2. This Regulation shall apply to all batteries, namely portable batteries, light means of transport batteries, automotive batteries, electric vehicle batteries and industrial batteries, including stationary battery energy storage systems, regardless of their shape, volume, weight, design, material composition, use or purpose. It shall also apply to batteries incorporated in or added to other products.
Amendment 349 #
Proposal for a regulation Article 1 – paragraph 2 2. This Regulation shall apply to all batteries, namely portable batteries, light means of transport batteries, automotive batteries, electric vehicle batteries and industrial batteries, regardless of their shape, volume, weight, design, material composition, use or purpose. It shall also apply to batteries incorporated in or added to other products.
Amendment 350 #
Proposal for a regulation Article 1 – paragraph 3 – point b a (new) (ba) medical devices classified as class III according to Annex VIII of Regulation 2017/745 and in vitro diagnostic medical devices classified as class D according to Annex VIII of Regulation 2017/456
Amendment 351 #
Proposal for a regulation Article premier – paragraph 3 – point b a (new) (ba) Equipment specifically designed for the safety of nuclear installations, as defined in Article 3 of Council Directive 2009/71/Euratom.1a __________________ 1aCouncil Directive 2009/71/Euratom of 25 June 2009 establishing a Community framework for the nuclear safety of nuclear installations (OJ L 172, 2.7.2009, p.18).
Amendment 352 #
Proposal for a regulation Article 1 – paragraph 3 – point b a (new) (ba) equipment qualified for the safety of nuclear installations (as defined in Article 3 of Council Directive 2009/71/Euratom)
Amendment 353 #
Proposal for a regulation Article 1 – paragraph 3 a (new) 3a. With the exclusion of Chapter VII, this regulation shall not apply to industrial and EV batteries models designed before the entry into force of this Regulation or its individual requirements and a) to be used as spare parts for equipment designed before the entry into force of the Regulation b) placed on the market to be incorporated in safety- sensitive applications designed before the entry into force of the Regulation or its individual requirements; or c) placed on the market in the 24 months following the entry into force of each individual requirements.
Amendment 354 #
Proposal for a regulation Article 1 – paragraph 3 a (new) 3a. With the exclusion of article 39 and chapter VII, this regulation shall not apply to batteries designed before the entry into force of this regulation, intended to be used: (a) as spare parts for equipment which the producer can prove were produced before the entry into force of this regulation, or (b) for safety-sensitive applications which the producer can prove were produced before the entry into force of this regulation;
Amendment 355 #
Proposal for a regulation Article 1 – paragraph 3 b (new) 3b. With the exclusion of chapter VII, this Regulation shall not apply to batteries designed before the entry into force of this Regulation, intended to be used: (a) as spare parts, (b) for safety-sensitive applications, or (c) within the framework of a long-term supply contract signed before the entry into force of this Regulation. 5. With the exclusion of Chapter VII, this Regulation shall not apply to industrial, EV batteries and light means of transport batteries designed before the entry into force of this Regulation to be incorporated in equipment designed before the entry into force of the Regulation.
Amendment 356 #
Proposal for a regulation Article 1 – paragraph 3 b (new) 3b. With the exclusion of article 39 and chapter VII, this regulation shall not apply to batteries which the producer can prove were produced before the entry into force of this regulation.
Amendment 357 #
Proposal for a regulation Article 1 a (new) Amendment 358 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 Amendment 359 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 Amendment 360 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 Amendment 361 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 Amendment 362 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 Amendment 363 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 – indent 2 Amendment 364 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 – indent 3 — is not designed exclusively for industrial purposes; and
Amendment 365 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 – indent 3 — is not designed for exclusively industrial purposes; and
Amendment 366 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 – indent 3 — is not designed exclusively for industrial
Amendment 367 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 – indent 4 — is neither an electric vehicle battery nor an automotive battery, nor a light means of transport battery;
Amendment 368 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 – indent 4 — is neither a light means of transport battery, an electric vehicle battery nor an automotive battery;
Amendment 369 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 – indent 4 a (new) – its habitual method of use should be based on the end user's handling of the battery. The decisive criterion should be "portable".
Amendment 370 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 – indent 4 a (new) – includes batteries designed to power light means of transport
Amendment 371 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 (8) ‘portable batteries of general use’ means portable batteries with the following common formats: 4,5 Volts (3R12), button cell without tags, D, C, AA, AAA, AAAA, A23, 9 Volts (PP3);
Amendment 372 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 (8) ‘portable batteries of general use’ means portable batteries with the following common formats: 4,5 Volts (3R12), D, C, AA, AAA, AAAA, A23, 9 Volts (PP3) and button cells;
Amendment 373 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 (8)
Amendment 374 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 (9) ‘light means of transport’ means wheeled vehicles
Amendment 375 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 (9) ‘light means
Amendment 376 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 (9) ‘light means of transport
Amendment 377 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 (9) ‘light means of transport
Amendment 378 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 (9) ‘light means of transport’ means
Amendment 379 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 (9) ‘light means of transport’ means wheeled vehicles that have an electric motor of less than 750 watts
Amendment 380 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 (10) ‘automotive battery’ means any battery used
Amendment 381 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 (10) ‘automotive battery’ means any battery used only for automotive starter, lighting or ignition power or other functions necessary for the vehicle’s main uses;
Amendment 382 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 (10) ‘automotive battery’ means any battery used
Amendment 383 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 (10) ‘automotive battery’ means any battery
Amendment 384 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 (10) ‘automotive battery’ means any battery used only for automotive starter, lighting or ignition power or other supporting functions in the vehicle;
Amendment 385 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 (10)
Amendment 386 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 (10) ‘automotive battery’ means any battery
Amendment 387 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 (10) ‘automotive battery’ means any battery used
Amendment 388 #
Proposal for a regulation Article 2 – paragraph 1 – point 11 (11) ‘industrial battery’ means any battery designed for industrial uses and any other battery
Amendment 389 #
Proposal for a regulation Article 2 – paragraph 1 – point 11 (11) ‘industrial battery’ means any battery designed for industrial uses and any other battery excluding portable batteries, electric vehicle batteries, light means of transport batteries and automotive batteries;
Amendment 390 #
Proposal for a regulation Article 2 – paragraph 1 – point 11 11) ‘industrial battery’ means any battery
Amendment 391 #
Proposal for a regulation Article 2 – paragraph 1 – point 11 (11) ‘industrial battery’ means any battery exclusively designed for industrial uses and any other battery excluding portable batteries, electric vehicle batteries and automotive batteries;
Amendment 392 #
Proposal for a regulation Article 2 – paragraph 1 – point 12 (12) ‘electric vehicle battery’ means any battery specifically designed to provide traction to hybrid and electric vehicles
Amendment 393 #
Proposal for a regulation Article 2 – paragraph 1 – point 12 (12) ‘electric vehicle battery’ means any
Amendment 394 #
Proposal for a regulation Article 2 – paragraph 1 – point 12 (12) ‘electric vehicle battery’ means any battery specifically designed to provide traction to hybrid and electric vehicles for road transport
Amendment 395 #
Proposal for a regulation Article 2 – paragraph 1 – point 13 (13) ‘stationary
Amendment 396 #
Proposal for a regulation Article 2 – paragraph 1 – point 13 (13) ‘stationary battery energy storage system’ means a rechargeable industrial battery
Amendment 397 #
Proposal for a regulation Article 2 – paragraph 1 – point 13 (13) ‘stationary
Amendment 398 #
Proposal for a regulation Article 2 – paragraph 1 – point 17 (17) ‘battery model’ is any manufactured battery that is produced in a series comprising at least 10 batteries, including in the case where the batteries produced as part of the same series differ from one another in a manner that does not deviate from the declared design and performance of the batteries belonging to that series;
Amendment 399 #
Proposal for a regulation Article 2 – paragraph 1 – point 17 (17) ‘battery model’ is any
Amendment 400 #
Proposal for a regulation Article 2 – paragraph 1 – point 17 (17) ‘battery model’ is any manufactured battery that is produced in series; with similar design, performance and carbon footprint;
Amendment 401 #
Proposal for a regulation Article 2 – paragraph 1 – point 20 (20) ‘qualified independent operator’ means a natural or legal person, other than an authorised dealer or repairer or remanufacturer, who is independent from the manufacturer and the producer and is directly or indirectly involved in the repair, maintenance or repurposing of batteries, and include waste management operators, professional repairers, manufacturers or distributors of repair equipment, tools or spare parts, as well as publishers of technical information, operators offering inspection and testing services, operators offering training for installers, manufacturers and repairers of equipment for alternative-fuel vehicles;
Amendment 402 #
Proposal for a regulation Article 2 – paragraph 1 – point 20 a (new) (20a) ‘battery removability and replaceability’ means non-destructive disassembly, or reversible extraction of the battery pack or modules from the device or constituent components without functional damage that would preclude reassembly, re-use, repurposing or remanufacturing.
Amendment 403 #
Proposal for a regulation Article 2 – paragraph 1 – point 21 (21) ‘QR code’ means a matrix barcode that links to information in electronical format about a battery model;
Amendment 404 #
Proposal for a regulation Article 2 – paragraph 1 – point 21 (21) ‘QR code’ means a matrix
Amendment 405 #
Proposal for a regulation Article 2 – paragraph 1 – point 22 (22) ‘battery management system’ means an electronic device that controls or manages the electric and thermal functions of the battery, that manages and stores the data on the parameters for determining the state of health and expected lifetime of batteries laid down in Annex VII
Amendment 406 #
Proposal for a regulation Article 2 – paragraph 1 – point 22 (22) ‘battery management system’ means an electronic device that controls or manages the electric and thermal functions of the battery
Amendment 407 #
Proposal for a regulation Article 2 – paragraph 1 – point 22 (22) ‘battery management system’ means an electronic device that controls or manages the electric and thermal functions of the battery, that manages and stores the data on the parameters for determining the safety, the state of health and expected lifetime of batteries laid down in Annex VII and that communicates with the vehicle or appliance in which the battery is incorporated;
Amendment 408 #
Proposal for a regulation Article 2 – paragraph 1 – point 22 (22) ‘battery management system’ means an electronic device that controls or manages the electric and thermal functions of the battery, that manages and stores the data on the parameters for determining the safety, state of health and expected lifetime of batteries laid down in Annex VII and that communicates with the vehicle or appliance in which the battery is incorporated;
Amendment 409 #
Proposal for a regulation Article 2 – paragraph 1 – point 26 a (new) (26a) ‘remanufacturing’ means any process involving dismantling, restoring and replacing components of a battery, battery packs, battery modules and/or battery cells and testing the individual parts and the whole product to return a battery to a level of performance equivalent to that of a new battery, for the original or a different purpose;
Amendment 410 #
Proposal for a regulation Article 2 – paragraph 1 – point 30 Amendment 411 #
Proposal for a regulation Article 2 – paragraph 1 – point 35 (35) ‘notified body’ means a conformity assessment body notified in accordance with Article 2
Amendment 412 #
Proposal for a regulation Article 2 – paragraph 1 – point 36 (36) ‘
Amendment 413 #
Proposal for a regulation Article 2 – paragraph 1 – point 36 (36) ‘supply chain due diligence’ means the obligations of the economic operator which places a
Amendment 414 #
Proposal for a regulation Article 2 – paragraph 1 – point 36 (36) ‘
Amendment 415 #
Proposal for a regulation Article 2 – paragraph 1 – point 37 (37) ‘producer’ means any
Amendment 416 #
Proposal for a regulation Article 2 – paragraph 1 – point 39 (39) ‘waste battery’ means any battery or battery cell which is waste within the meaning of Article 3(1) of Directive 2008/98/EC;
Amendment 417 #
Proposal for a regulation Article 2 – paragraph 1 – point 41 – introductory part (41) ‘hazardous substance’ means any substance which fulfils the criteria for any of the
Amendment 418 #
Proposal for a regulation Article 2 – paragraph 1 – point 41 – point a Amendment 419 #
Proposal for a regulation Article 2 – paragraph 1 – point 41 – point b Amendment 420 #
Proposal for a regulation Article 2 – paragraph 1 – point 41 – point c Amendment 421 #
Proposal for a regulation Article 2 – paragraph 1 – point 41 – point d Amendment 422 #
Proposal for a regulation Article 2 – paragraph 1 – point 42 (42) ‘treatment’ means any permitted activity carried out on waste batteries after they have been handed over
Amendment 423 #
Proposal for a regulation Article 2 – paragraph 1 – point 42 (42) ‘treatment’ means any activity carried out on waste batteries after they have been handed over to a facility for sorting or preparation for re-use, repurposing, remanufacturing or recycling;
Amendment 424 #
Proposal for a regulation Article 2 – paragraph 1 – point 44 (44) ‘waste management operator’ means any natural or legal person dealing on a professional basis with the separate collection,
Amendment 425 #
Proposal for a regulation Article 2 – paragraph 1 – point 45 (45) ‘permitted facility’ means any facility that is permitted in accordance with Directive 2008/98/EC to
Amendment 426 #
Proposal for a regulation Article 2 – paragraph 1 – point 47 (47) ‘lifetime’ of a battery means the period of time
Amendment 427 #
Proposal for a regulation Article 2 – paragraph 1 – point 50 a (new) (50a) ‘remanufacturing’ means any process that involves dismantling a product, restoring and replacing components, and testing the individual parts and the whole product to its original design specifications, with the performance after remanufacture expected to be the same or better than the original performance specification (‘like new’);
Amendment 428 #
Proposal for a regulation Article 2 – paragraph 1 – point 56 a (new) (56a) ‘remanufacturing’ means any process that involves dismantling a product, restoring and replacing components, and testing the individual parts and the whole product in accordance with its original design specifications, with the expectation that the performance of the product after the process will be the same or better than the original performance specification (‘like new’);
Amendment 429 #
Proposal for a regulation Article 2 – paragraph 1 – point 56 a (new) (56a) ‘remanufacturing’ means any process that involves dismantling a product, restoring and replacing components, and testing the individual parts and the whole product to its original design specifications, with the performance after remanufacture expected to be the same or better than the original performance specification(‘like new’)
Amendment 430 #
Proposal for a regulation Article 2 – paragraph 1 – point 56 a (new) (56a) ‘deposit fee:’ additional fee payable by the consumer on a battery at the time of purchase and repaid to the consumer upon the return of the battery to a designated collection point (waste disposal centre, vendor, etc.) at the end of its useful life;
Amendment 431 #
Proposal for a regulation Article 2 – paragraph 1 – point 56 a (new) (56a) ‘business relationships’ means subsidiaries and commercial relationships of an undertaking throughout its value chain, including suppliers and sub- contractors, which are directly linked to the undertaking’s business operations, products or services;
Amendment 432 #
Proposal for a regulation Article 2 – paragraph 1 – point 56 a (new) (56a) ‘remanufacturing’ means any operation on a battery that results in a newly manufactured battery being used for the same purpose or application as the one that the battery was originally designed for;
Amendment 433 #
Proposal for a regulation Article 2 – paragraph 1 – point 56 b (new) (56b) ‘battery types’ are portable batteries, industrial batteries, electric vehicle batteries, or automotive batteries; ‘remanufacturing’ means any operation on a battery that results in a newly manufactured battery being used for the same purpose or application as the one that the battery was originally designed for; ‘End-use’ means the utilization of the battery functionality, excluding the incorporation of the battery into an equipment or a vehicle; ‘Designing’ means the completion of the design phase of a new battery model that has either received or is awaiting certification or customer approval.
Amendment 434 #
Proposal for a regulation Article 2 – paragraph 4 a (new) The Commission shall set up a regularly updated electronic database for the various batteries belonging to the categories laid down in points (7)-(12) of this Article to support clear and coherent implementation of the Regulation.
Amendment 435 #
Proposal for a regulation Article 3 – paragraph 2 2. At trade fairs, exhibitions, demonstrations or similar events, Member States shall not prevent the showing of batteries, which do not comply with this Regulation, provided that a visible sign clearly indicates that such
Amendment 436 #
Proposal for a regulation Article 4 – paragraph 1 – introductory part 1. Batteries designed after the entry into force of this regulation shall only be placed on the market or put into service if they meet:
Amendment 437 #
Proposal for a regulation Article 4 – paragraph 1 – introductory part 1. Batteries
Amendment 438 #
Proposal for a regulation Article 4 – paragraph 1 – point a (a) the applicable sustainability and safety requirements set out in Chapter II;
Amendment 439 #
Proposal for a regulation Article 4 – paragraph 1 – point b (b) the applicable labelling and information requirements set out Chapter III.
Amendment 440 #
Proposal for a regulation Article 4 – paragraph 1 – point b a (new) (ba) the due diligence requirements set out in Article 39.
Amendment 441 #
Proposal for a regulation Article 4 – paragraph 1 a (new) 1a. For electric vehicle batteries and automotive batteries placed on the market as replacements for defective batteries, the same requirements shall apply as for the replaced batteries(‘repair as produced’ principle).
Amendment 442 #
Proposal for a regulation Article 4 – paragraph 2 2. For any aspects not covered by Chapters II and III and article 39, batteries shall not present a risk to human health, to safety, to property or to the environment.
Amendment 443 #
Proposal for a regulation Article 4 – paragraph 2 2. For any aspects not covered by Chapters II and III, batteries shall not present an unacceptable risk to human health, to safety, to property or to the environment.
Amendment 444 #
Proposal for a regulation Article 4 – paragraph 2 a (new) 2a. For electric vehicle batteries and automotive batteries placed on the market as replacements for defective batteries, the same requirements shall apply as for the replaced batteries (‘repair as produced’ principle).
Amendment 445 #
Proposal for a regulation Article 4 – paragraph 2 a (new) 2a. For electric vehicle batteries and automotive batteries placed on the market as replacements for defective batteries, the same requirements shall apply as for the replaced batteries(‘repair as produced’ principle).
Amendment 446 #
Proposal for a regulation Article 5 – paragraph 2 – point e a (new) (ea) the establishment and delivery of the carbon footprint certificate
Amendment 447 #
Proposal for a regulation Article 5 – paragraph 3 3. By [three months after the date of entry into force of this Regulation], Member States shall notify the Commission of the names and addresses of the competent authorities or notified bodies designated pursuant to paragraph 1. Member States shall inform the Commission without
Amendment 448 #
Proposal for a regulation Article 5 – paragraph 3 a (new) 3a. For electric vehicle batteries and automotive batteries placed on the market as replacements for defective batteries, the same requirements shall apply as applied for the replaced batteries (‘repair as produced’ principle).
Amendment 449 #
Proposal for a regulation Article 6 Amendment 450 #
Proposal for a regulation Article 6 – title Restrictions of
Amendment 451 #
Proposal for a regulation Article 6 – paragraph 1 Amendment 452 #
Proposal for a regulation Article 6 – paragraph 2 Amendment 453 #
Proposal for a regulation Article 6 – paragraph 2 2. When there is an unacceptable risk to human health and/or the environment, arising from the use of a substance in the manufacture of batteries, or from a substance present in the batteries when they are placed on the market, or during their subsequent life cycle stages, including the waste and recycling phase, that needs to be addressed on a Union-wide basis,
Amendment 454 #
Proposal for a regulation Article 6 – paragraph 2 2. When there is an unacceptable risk to human health or the environment, arising from the use of a substance in the manufacture of batteries, or from a substance present in the batteries when they are placed on the market, or during their subsequent life cycle stages, including
Amendment 455 #
Proposal for a regulation Article 6 – paragraph 2 2. When there is an unacceptable risk to human health or the environment, arising from the use of a substance in the manufacture of batteries, or from a substance present in the batteries when they are placed on the market, or during their subsequent life cycle stages, including the waste phase, that needs to be addressed on a Union-wide basis, the Commission shall adopt, in accordance with the REACH Regulation, a delegated act in accordance with the procedure referred to in Article 73 to amend the restrictions in Annex I, pursuant to the procedure laid down in Article 71.
Amendment 456 #
Proposal for a regulation Article 6 – paragraph 3 Amendment 457 #
Proposal for a regulation Article 6 – paragraph 3 Amendment 458 #
Proposal for a regulation Article 6 – paragraph 3 Amendment 459 #
Proposal for a regulation Article 6 – paragraph 3 3. In adopting a delegated act referred to in paragraph 2, the Commission shall take into account the socio-economic impact of the restriction, including the availability of alternatives for the hazardous substance. Alternatives shall not be listed on the last version of the critical raw material list established by the Commission.
Amendment 460 #
Proposal for a regulation Article 6 – paragraph 4 Amendment 461 #
Proposal for a regulation Article 6 – paragraph 5 Amendment 462 #
Proposal for a regulation Article 6 – paragraph 5 Amendment 463 #
Proposal for a regulation 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 464 #
Proposal for a regulation Article 6 – paragraph 5 a (new) 5a. The Commission shall within 6 months of the adoption of any revision of Regulation (EC) No 1907/2006, or of any new relevant legislation relating to sustainability criteria for hazardous substances and chemicals, adopt a delegated act in accordance with Article 73 of this Regulation to guarantee alignment with this article and Article 71 with the revision of Regulation (EC) No 1907/2006 or with any new relevant legislation relating to sustainability criteria for hazardous substances and chemicals.
Amendment 465 #
Proposal for a regulation 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 466 #
Proposal for a regulation Article 7 – title Carbon footprint of light means of transport batteries electric vehicle batteries and rechargeable industrial batteries
Amendment 467 #
Proposal for a regulation Article 7 – title Carbon footprint of electric vehicle and light means of transport batteries and rechargeable industrial batteries
Amendment 468 #
Proposal for a regulation Article 7 – title Carbon footprint of electric vehicle batteries, light means of transport and rechargeable industrial batteries
Amendment 469 #
Proposal for a regulation Article 7 – title Carbon footprint of electric vehicle batteries
Amendment 470 #
Proposal for a regulation Article 7 – title Amendment 471 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 – introductory part 1. Electric vehicle batteries
Amendment 472 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 – introductory part 1. Electric vehicle batteries
Amendment 473 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 – introductory part 1. Electric vehicle batteries, batteries for light means of transport 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
Amendment 474 #
Proposal for a regulation 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 475 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 – introductory part 1. Electric vehicle batteries and
Amendment 476 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 – introductory part 1. Electric vehicle batteries and rechargeable industrial batteries with
Amendment 477 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 – introductory part 1. Electric vehicle batteries and rechargeable industrial batteries with
Amendment 478 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 – introductory part Amendment 479 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 – introductory part 1. Electric vehicle batteries and rechargeable industrial batteries with internal storage and a capacity above 2 kWh shall be accompanied by technical documentation that includes, for each final battery model
Amendment 480 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 – introductory part 1. Electric vehicle batteries and
Amendment 481 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 – introductory part 1. Electric vehicle batteries and
Amendment 482 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 – introductory part 1.
Amendment 483 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 – introductory part 1. Electric vehicle batteries, light means of transport batteries and rechargeable industrial batteries
Amendment 484 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 – point b (b) information about the battery for which the
Amendment 485 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 – point c a (new) (ca) information about the raw materials used, including the share of renewable content;
Amendment 486 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 – point d (d) the total carbon footprint of the battery, calculated as kg of carbon dioxide equivalent, including information about the raw materials used and the share of renewable content;
Amendment 487 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 – point d (d) the total carbon footprint of the battery, calculated as kg of carbon dioxide equivalent; per kWh battery produced and as energy used (kWh per kWk battery produced);
Amendment 488 #
Proposal for a regulation 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 489 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 – point e Amendment 490 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 – point e a (new) (ea) the carbon footprint intensity, calculated as kg of carbon dioxide equivalent per kWh of produced battery capacity;
Amendment 491 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 – point e a (new) (ea) the battery’s carbon footprint upon return to the collection point at the recycling centre;
Amendment 492 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 – point e b (new) (eb) the energy intensity calculated as the ratio of kWh of energy input per kWh of produced battery capacity;
Amendment 493 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 – point g (g) a web link to get access to a public version of the study supporting the carbon footprint
Amendment 494 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 – point g a (new) (ga) composition of components;
Amendment 495 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 2 The carbon footprint declaration requirement in the first subparagraph shall apply as of
Amendment 496 #
Proposal for a regulation 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 and to rechargeable industrial batteries 18 months after the implementing act and the delegated act come into force, as set out in the following subparagraph.
Amendment 497 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 2 The carbon footprint declaration requirement in the first subparagraph shall apply
Amendment 498 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 2 The carbon footprint declaration requirement in the first subparagraph shall apply
Amendment 499 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 2 The carbon footprint
Amendment 500 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 2 The carbon footprint declaration requirement in the first subparagraph shall apply as of
Amendment 501 #
Proposal for a regulation 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 502 #
Proposal for a regulation 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 503 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 2 The carbon footprint declaration requirement in the first subparagraph shall apply as of 1 July 202
Amendment 504 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 2 The carbon footprint declaration requirement in the first subparagraph shall
Amendment 505 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 2 The carbon footprint declaration requirement in the first subparagraph shall apply as of 1 J
Amendment 506 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 2 a (new) That implementing act shall be adopted in accordance with the examination procedure referred to in Article 74(3). The Commission shall be empowered to adopt delegated acts in accordance with Article 73 to amend the information requirements set out in the first subparagraph.
Amendment 507 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 3 – introductory part The Commission shall, no later than 1 J
Amendment 508 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 3 – introductory part The Commission shall, no later than 1 J
Amendment 509 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 3 – introductory part The Commission shall, no later than 1 J
Amendment 510 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 3 – introductory part The Commission shall, no later than 1 July 202
Amendment 511 #
Proposal for a regulation 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 point (d), in accordance with the essential elements set out in Annex II. Dedicated methodologies shall be established for each application and battery chemistry;
Amendment 512 #
Proposal for a regulation 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
Amendment 513 #
Proposal for a regulation 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 model referred to in point (d), in accordance with the essential elements set out in Annex II;
Amendment 514 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 4 Amendment 515 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 4 Amendment 516 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 4 The Commission shall, in view of scientific and technical progress or to ensure technology neutrality and following economic and environmental impact assessments, be empowered to adopt delegated acts in accordance with Article 73 to amend the information requirements set out in the first subparagraph.
Amendment 517 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 4 The Commission shall be empowered to adopt delegated acts in accordance with Article 73 to amend the information requirements set out in the first subparagraph in view of scientific and technical progress.
Amendment 518 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 4 a (new) When adopting delegated acts referred to in Article 7 paragraph one, the Commission shall take into consideration the economic viability of newly introduced requirements.
Amendment 519 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 Electric vehicle batteries, light means of transport batteries and rechargeable industrial batteries
Amendment 520 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 Electric vehicle batteries
Amendment 521 #
Proposal for a regulation 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 to.
Amendment 522 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 Amendment 523 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 Amendment 524 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 Electric vehicle batteries and rechargeable industrial batteries with
Amendment 525 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 Electric vehicle batteries and
Amendment 526 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 a (new) All communications about the electric vehicle and light mean of transport shall include a clear information on the carbon footprint of the batteries.
Amendment 527 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 3 The carbon footprint performance class requirements in the first subparagraph shall apply as of
Amendment 528 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 3 The carbon footprint performance class requirements in the first subparagraph shall apply
Amendment 529 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 3 The carbon footprint performance class
Amendment 530 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 3 The carbon footprint performance class requirements in the first subparagraph shall apply as of
Amendment 531 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 3 The carbon footprint performance class requirements in the first subparagraph shall apply as of 1 January 202
Amendment 532 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 3 The carbon footprint performance class requirements in the first subparagraph shall apply
Amendment 533 #
Proposal for a regulation 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 534 #
Proposal for a regulation 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
Amendment 535 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 3 The carbon footprint performance class requirements in the first subparagraph shall apply as of 1 January 202
Amendment 536 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 3 The carbon footprint performance class requirements in the first subparagraph shall apply as of 1 January 202
Amendment 537 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 3 The carbon footprint performance class requirements in the first subparagraph shall apply as of 1 J
Amendment 538 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 4 – introductory part The Commission shall, no later than 31 December 202
Amendment 539 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 4 – introductory part The Commission shall, no later than
Amendment 540 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 4 – introductory part The Commission shall, no later than
Amendment 541 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 4 – introductory part The Commission shall, no later than
Amendment 542 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 4 – introductory part The Commission shall, no later than
Amendment 543 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 4 – introductory part The Commission shall, no later than
Amendment 544 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 4 – introductory part The Commission shall, no later than
Amendment 545 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 4 – point a (a) a delegated act in accordance with Article 73 to supplement this Regulation by establishing the carbon footprint performance classes referred to in the first subparagraph. Separate performance classes shall be established for each application and battery chemistry. In preparing that delegated act, the Commission shall take into account the relevant essential elements set out in Annex II;
Amendment 546 #
Proposal for a regulation 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) 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 548 #
Proposal for a regulation Article 7 – paragraph 3 Amendment 549 #
Proposal for a regulation 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 550 #
Proposal for a regulation Article 7 – paragraph 3 – introductory part 3. Electric vehicle batteries and
Amendment 551 #
Proposal for a regulation Article 7 – paragraph 3 – introductory part 3. Electric vehicle batteries and rechargeable industrial batteries
Amendment 552 #
Proposal for a regulation Article 7 – paragraph 3 – introductory part 3. Electric vehicle batteries and
Amendment 553 #
Proposal for a regulation Article 7 – paragraph 3 – introductory part 3. Electric vehicle 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 carbon footprint threshold established in the delegated act adopted by the Commission pursuant to the third subparagraph.
Amendment 554 #
Proposal for a regulation Article 7 – paragraph 3 – introductory part 3.
Amendment 555 #
Proposal for a regulation Article 7 – paragraph 3 – introductory part 3. Electric vehicle batteries, light means of transport batteries and rechargeable industrial batteries
Amendment 556 #
Proposal for a regulation Article 7 – paragraph 3 – subparagraph 1 Amendment 557 #
Proposal for a regulation Article 7 – paragraph 3 – subparagraph 1 The requirement for a maximum life cycle carbon footprint threshold in the first subparagraph shall apply as of
Amendment 558 #
Proposal for a regulation Article 7 – paragraph 3 – subparagraph 1 The requirement for a maximum life cycle carbon footprint threshold referred in the first subparagraph shall be appl
Amendment 559 #
Proposal for a regulation Article 7 – paragraph 3 – subparagraph 1 The requirement for a maximum life cycle carbon footprint threshold in the first subparagraph shall apply
Amendment 560 #
Proposal for a regulation Article 7 – paragraph 3 – subparagraph 1 The requirement for a maximum life cycle carbon footprint threshold in the first subparagraph shall apply as of
Amendment 561 #
Proposal for a regulation Article 7 – paragraph 3 – subparagraph 1 The requirement for a maximum life
Amendment 562 #
Proposal for a regulation 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 202
Amendment 563 #
Proposal for a regulation 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 for electric vehicle batteries, light means of transport batteries and for rechargeable industrial batteries.
Amendment 564 #
Proposal for a regulation 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 202
Amendment 565 #
Proposal for a regulation 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 202
Amendment 566 #
Proposal for a regulation 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 202
Amendment 567 #
Proposal for a regulation 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 202
Amendment 568 #
Proposal for a regulation Article 7 – paragraph 3 – subparagraph 2 Amendment 569 #
Proposal for a regulation Article 7 – paragraph 3 – subparagraph 2 The Commission shall, no later than 1 J
Amendment 570 #
Proposal for a regulation Article 7 – paragraph 3 – subparagraph 2 The Commission shall, no later than 1 J
Amendment 571 #
Proposal for a regulation Article 7 – paragraph 3 – subparagraph 2 Amendment 572 #
Proposal for a regulation Article 7 – paragraph 3 – subparagraph 2 The Commission shall, no later than 1 July 202
Amendment 573 #
Proposal for a regulation Article 7 – paragraph 3 – subparagraph 2 The Commission shall, no later than 1 July 202
Amendment 574 #
Proposal for a regulation Article 7 – paragraph 3 – subparagraph 2 The Commission shall, no later than 1 July 202
Amendment 575 #
Proposal for a regulation Article 7 – paragraph 3 – subparagraph 2 The Commission shall, no later than 1 July 202
Amendment 576 #
Proposal for a regulation Article 7 – paragraph 3 – subparagraph 3 Amendment 577 #
Proposal for a regulation Article 7 – paragraph 3 – subparagraph 3 The
Amendment 578 #
Proposal for a regulation Article 7 – paragraph 3 – subparagraph 3 Amendment 579 #
Proposal for a regulation Article 7 – paragraph 3 – subparagraph 3 a (new) The Commission shall be empowered to adopt by 31 December 2027, a delegated act in accordance with Article 73 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. In preparing that delegated act, the Commission shall take into account the relevant essential elements set out in Annex II.
Amendment 580 #
Proposal for a regulation Article 7 – paragraph 3 a (new) 3a) The Commission shall, by 31 December 2030, through a review taking into account the environmental and economic effects of possibly extending the requirements in this article to portable batteries, excluding portable batteries of general use. To this 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 581 #
Proposal for a regulation Article 8 – title Recycled content in industrial batteries, electric vehicle batteries, batteries for light mean of transport and automotive batteries
Amendment 582 #
Proposal for a regulation Article 8 – title Recycled content in industrial batteries, light means of transport batteries, electric vehicle batteries and automotive batteries
Amendment 583 #
Proposal for a regulation Article 8 – title Recycled content in
Amendment 584 #
Proposal for a regulation Article 8 – paragraph 1 – introductory part 1. From 1
Amendment 585 #
Proposal for a regulation Article 8 – paragraph 1 – introductory part 1. From 1 January 2027,
Amendment 586 #
Proposal for a regulation Article 8 – paragraph 1 – introductory part 1. From 1 January 202
Amendment 587 #
Proposal for a regulation Article 8 – paragraph 1 – introductory part 1. From 1 January 202
Amendment 588 #
Proposal for a regulation Article 8 – paragraph 1 – introductory part 1. From 1
Amendment 589 #
Proposal for a regulation Article 8 – paragraph 1 – introductory part 1.
Amendment 590 #
Proposal for a regulation Article 8 – paragraph 1 – introductory part 1. From 1 January 2027, light means of transport batteries, 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
Amendment 591 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 1 By 31 December 202
Amendment 592 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 1 By 31 December 202
Amendment 593 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 1 By 31 December 202
Amendment 594 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 1 By 31 December 2025, the Commission shall adopt an implementing act laying down the methodology for the calculation and verification of the amount of cobalt, lead, lithium
Amendment 595 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 1 By 31 December 202
Amendment 596 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 1 a (new) The Commission shall, by 31 December 2025, put forward an evaluation of the current recycling technologies together with a projection of the number of batteries at the end of their life cycle in order to establish the percentage share of recycled content in batteries produced.
Amendment 597 #
Proposal for a regulation Article 8 – paragraph 1 a (new) 1a) The Commission, through its Joint Research Centre (JRC), shall conduct an extensive study of available or market- ready recycling technologies for batteries, and shall publish that study by 31 December 2025. The study shall also address the environmental, social and economic benefits of the full or partial implementation of such technologies. By 31 December 2030, the Commission shall carry out and publish a further study with regard to available or market-ready recycling technologies for batteries.
Amendment 598 #
Proposal for a regulation Article 8 – paragraph 1 a (new) 1a) By 31 December 2025, the Commission shall also produce an assessment of currently available recycling technologies and a prognosis of end-of-life batteries available for recycling that will be used to define the specific targets for the percentage of recycled content in manufactured batteries.
Amendment 599 #
Proposal for a regulation Article 8 – paragraph 1 a (new) 1a) By 31 December 2025, the Commission shall also produce an assessment of currently available recycling technologies and a prognosis of end-of-life batteries available for recycling that will be used to define the specific targets for the percentage of recycled content in manufactured batteries.
Amendment 600 #
Proposal for a regulation Article 8 – paragraph 2 Amendment 601 #
Proposal for a regulation Article 8 – paragraph 2 Amendment 602 #
Proposal for a regulation Article 8 – paragraph 2 Amendment 603 #
Proposal for a regulation Article 8 – paragraph 2 2. From 1 January 2030, industrial batteries, electric vehicle batteries and automotive batteries with
Amendment 604 #
Proposal for a regulation Article 8 – paragraph 2 2.
Amendment 605 #
Proposal for a regulation Article 8 – paragraph 2 2.
Amendment 606 #
Proposal for a regulation 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 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
Amendment 607 #
Proposal for a regulation Article 8 – paragraph 2 – introductory part 2. From 1 January 2030,
Amendment 608 #
Proposal for a regulation Article 8 – paragraph 2 – introductory part 2. From 1 January 20
Amendment 609 #
Proposal for a regulation Article 8 – paragraph 2 – introductory part 2. From 1 January 2030,
Amendment 610 #
Proposal for a regulation Article 8 – paragraph 2 – introductory part 2. From 1 January 20
Amendment 611 #
Proposal for a regulation 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 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
Amendment 624 #
Proposal for a regulation Article 8 – paragraph 2 a (new) Amendment 625 #
Proposal for a regulation Article 8 – paragraph 2 a (new) 2a) The amount of cobalt, lead, lithium or nickel recovered from waste shall be maximized in electric vehicle batteries and stationary energy storage batteries placed on the EU market;
Amendment 626 #
Proposal for a regulation Article 8 – paragraph 2 a (new) 2a) By 31 December 2025, the Commission shall adopt a delegated act setting the values referred to in the first subparagraph of this point.
Amendment 627 #
Proposal for a regulation Article 8 – paragraph 2 a (new) 2a) The Commission shall adopt, by 31 December 2025, a delegated act setting out the values laid down in the first subparagraph.
Amendment 628 #
Proposal for a regulation Article 8 – paragraph 2 b (new) 2b) By 31 December 2030, the Commission shall adopt a delegated act setting the increased values due to enter into force from 1 January 2035.
Amendment 629 #
Proposal for a regulation Article 8 – paragraph 2 b (new) 2b) The Commission shall adopt, by 31 December 2030 a delegated act setting out the higher values which will enter into force by 1 January.
Amendment 630 #
Proposal for a regulation Article 8 – paragraph 3 Amendment 631 #
Proposal for a regulation Article 8 – paragraph 3 Amendment 632 #
Proposal for a regulation Article 8 – paragraph 3 Amendment 633 #
Proposal for a regulation Article 8 – paragraph 3 Amendment 634 #
Proposal for a regulation Article 8 – paragraph 3 – introductory part 3. From 1 January 2035,
Amendment 635 #
Proposal for a regulation Article 8 – paragraph 3 – introductory part 3. From 1 January 203
Amendment 636 #
Proposal for a regulation Article 8 – paragraph 3 – introductory part 3. From 1 January 2035,
Amendment 637 #
Proposal for a regulation 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
Amendment 638 #
Proposal for a regulation 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
Amendment 643 #
Proposal for a regulation Article 8 – paragraph 4 Amendment 644 #
Proposal for a regulation Article 8 – paragraph 4 4.
Amendment 645 #
Proposal for a regulation Article 8 – paragraph 4 Amendment 646 #
Proposal for a regulation Article 8 – paragraph 4 4. Where justified and appropriate due to the unavailability of cobalt, lead, lithium or nickel recovered from waste,
Amendment 647 #
Proposal for a regulation Article 8 – paragraph 4 4.
Amendment 648 #
Proposal for a regulation Article 8 – paragraph 4 4.
Amendment 649 #
Proposal for a regulation 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, the Commission shall be empowered to adopt, by 31 December 202
Amendment 650 #
Proposal for a regulation Article 8 – paragraph 4 4. Where justified and appropriate due to the availability of cobalt, lead, lithium or nickel recovered from
Amendment 651 #
Proposal for a regulation Article 8 – paragraph 4 a (new) 4a) (a) The Commission shall, by 31 December 2029, submit a report to the Parliament and the Council to assess the market and environmental costs and benefits of establishing minimum shares of cobalt, lead, lithium or nickel recovered from waste present in batteries as EU- wide company average referred to in paragraph 1, on the basis of the technical documentation required under paragraph 2 and on the availability of cobalt, lead, lithium or nickel recovered from waste, or the lack thereof. (b) Subject to the conclusions in the report mentioned in paragraph 4(a), the Commission shall be empowered to adopt, by 24 months after the report has been submitted, a delegated act in accordance with Article 73, to establish the minimum share of cobalt, lead, lithium or nickel recovered from waste present in batteries as EU-wide company average, expressed in percentage
Amendment 652 #
Proposal for a regulation Article 8 – paragraph 4 a (new) Amendment 653 #
Proposal for a regulation 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 654 #
Proposal for a regulation Article 8 – paragraph 4 a (new) 4a) When undertaking the assessment referred to in Article 4, the Commission shall consider recovered material from available waste streams.
Amendment 655 #
Proposal for a regulation Article 9 – title Performance and durability requirements for portable batteries
Amendment 656 #
Proposal for a regulation Article 9 – title Performance and durability requirements for portable batteries
Amendment 657 #
Proposal for a regulation Article 9 – paragraph 1 1. From 31
Amendment 658 #
Proposal for a regulation Article 9 – paragraph 1 1. From 12 months after the adoption of the implementing act referred to in the second paragraph and no later than 1 January 2027, portable batteries
Amendment 659 #
Proposal for a regulation Article 9 – paragraph 1 1. From 1 January 2027, portable batteries
Amendment 660 #
Proposal for a regulation Article 9 – paragraph 1 1. From 1 January 2027, portable batteries of general use shall meet the minimum values for the electrochemical performance and durability parameters set out in Annex III as laid down in the delegated act adopted by the Commission pursuant to paragraph 2.
Amendment 661 #
Proposal for a regulation 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 662 #
Proposal for a regulation Article 9 – paragraph 2 – introductory part 2. By
Amendment 663 #
Proposal for a regulation Article 9 – paragraph 2 – introductory part 2. By 31 December 2025, the Commission shall adopt a
Amendment 664 #
Proposal for a regulation Article 9 – paragraph 2 – subparagraph 1 The Commission is empowered to adopt
Amendment 665 #
Proposal for a regulation Article 9 – paragraph 2 – subparagraph 1 The Commission is empowered to adopt delegated acts in accordance with Article 73 to a
Amendment 666 #
Proposal for a regulation 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
Amendment 667 #
Proposal for a regulation 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 safety, performance and functionality of those batteries or the appliances into which those batteries are incorporated, the affordability and the cost for end-users and the industry’s competitiveness. No excessive administrative burden shall be imposed on manufacturers of the batteries and the appliances concerned.
Amendment 668 #
Proposal for a regulation 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.
Amendment 669 #
Proposal for a regulation 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
Amendment 670 #
Proposal for a regulation Article 9 – paragraph 3 3. By 31 December 2030, 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, taking into account the functionality of those batteries and the appliances in which those batteries are used as well as the cost-efficiency and possible alternatives for end-users. To that end, the Commission shall submit a report to the European Parliament and to the Council and consider taking the appropriate measures, such as setting ecodesign requirements for specific products, including the adoption of legislative proposals.
Amendment 671 #
Proposal for a regulation Article 9 – paragraph 3 (3) By 31 December 2030, 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. In the process, account should also be taken of value for money for end users. Appliances whose functionality is not guaranteed if rechargeable batteries are incorporated into them should be exempted from these measures. 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 672 #
Proposal for a regulation Article 9 – paragraph 3 3. By 31 December 2030, 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, taking into account the functionality of those batteries or the appliances in which those batteries are incorporated, the affordability and the cost for end-users. To that end, the Commission shall submit a
Amendment 673 #
Proposal for a regulation Article 9 – paragraph 3 3. By 31 December 2030, 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, taking into account the economic viability as well as the cost and benefit for end users of such measures. 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 674 #
Proposal for a regulation Article 9 – paragraph 3 3. By 31 December 2030, the Commission shall assess the feasibility of measures to phase out entirely or partially the use of non-
Amendment 675 #
Proposal for a regulation Article 9 – paragraph 3 3.
Amendment 676 #
Proposal for a regulation Article 9 – paragraph 3 3. By 31 December 2030, the Commission shall assess the feasibility of measures to phase out the use of non-
Amendment 677 #
Proposal for a regulation Article 9 – paragraph 3 3. By 31 December 2023
Amendment 678 #
Proposal for a regulation Article 9 – paragraph 3 3. By 31 December 20
Amendment 679 #
Proposal for a regulation Article 9 – paragraph 3 a (new) 3a) Such proposals by the Commission shall be preceded by comprehensive impact assessments and scientific reports from the Joint Research Centre.
Amendment 680 #
Proposal for a regulation Article 10 – title Performance and durability requirements for
Amendment 681 #
Proposal for a regulation Article 10 – title Performance and durability
Amendment 682 #
Proposal for a regulation Article 10 – title Performance and durability requirements for
Amendment 683 #
Proposal for a regulation Article 10 – paragraph 1 – introductory part 1. From [12 months after entry into force of the Regulation], rechargeable industrial batteries and electric vehicle batteries with internal storage and a capacity above 2 kWh shall be accompanied by a technical documentation
Amendment 684 #
Proposal for a regulation Article 10 – paragraph 1 – introductory part 1. From [1
Amendment 685 #
Proposal for a regulation Article 10 – paragraph 1 – introductory part 1. From [12 months after entry into force of the Regulation], rechargeable industrial batteries
Amendment 686 #
Proposal for a regulation Article 10 – paragraph 1 – introductory part 1. From [12 months after entry into force of the Regulation], rechargeable industrial batteries, batteries for light mean of transport and electric vehicle batteries with internal storage and a capacity above 2 kWh shall be accompanied by a technical documentation containing values for the electrochemical
Amendment 687 #
Proposal for a regulation Article 10 – paragraph 1 – introductory part 1. From [1
Amendment 688 #
Proposal for a regulation Article 10 – paragraph 1 – introductory part 1. From [1
Amendment 689 #
Proposal for a regulation Article 10 – paragraph 1 – introductory part 1. From
Amendment 690 #
Proposal for a regulation Article 10 – paragraph 1 – introductory part 1. From [1
Amendment 691 #
Proposal for a regulation Article 10 – paragraph 1 – introductory part 1. From [12 months after entry into force of the Regulation],
Amendment 692 #
Proposal for a regulation Article 10 – paragraph 1 – introductory part 1. From [12 months after entry into force of the Regulation],
Amendment 693 #
Proposal for a regulation Article 10 – paragraph 1 – introductory part 1. From [12 months after entry into force of the Regulation],
Amendment 694 #
Proposal for a regulation Article 10 – paragraph 1 – subparagraph 1 The technical documentation referred to in the first subparagraph shall also contain an explanation of the technical specifications, standards and conditions used to measure, calculate or estimate the values for the
Amendment 695 #
Proposal for a regulation Article 10 – paragraph 1 – subparagraph 1 The technical documentation referred to in the first subparagraph shall also contain an explanation of the technical specifications, standards and conditions used to measure, calculate or estimate the values for the
Amendment 696 #
Proposal for a regulation Article 10 – paragraph 1 a (new) 1a) From [18 months after entry into force of the Regulation], electric vehicle batteries with a capacity above 2 kWh shall be accompanied by a technical documentation containing values for the electrochemical performance and durability parameters laid down in Part B of Annex VII. These parameters shall be synchronized with the parameters established through the updated United Nations Economic Commission for Europe (UNECE) Global Technical Regulation (GTR) on In-Vehicle-Battery Durability and only once those parameters have entered into force.
Amendment 697 #
Proposal for a regulation 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 698 #
Proposal for a regulation Article 10 – paragraph 2 Amendment 699 #
Proposal for a regulation Article 10 – paragraph 2 2. From 1 January 2026,
Amendment 700 #
Proposal for a regulation Article 10 – paragraph 2 2. From 1 January 2026, rechargeable industrial batteries and electric vehicle batteries with internal storage and a capacity above 2 kWh shall meet the minimum values laid down in the delegated act adopted by the Commission pursuant to paragraph 3 for the electrochemical performance and durability parameters set out in Part A of Annex IV.
Amendment 701 #
Proposal for a regulation Article 10 – paragraph 2 2. From 1 January 202
Amendment 702 #
Proposal for a regulation Article 10 – paragraph 2 a (new) 2a) The Commission is empowered to adopt delegated acts in accordance with Article 73 to introduce, in the form of an accompanying technical documentation, electrochemical performance and durability parameters for electric vehicle batteries resulting from the work of the UNECE Informal Working Group on Electric Vehicles and the Environment;
Amendment 703 #
Proposal for a regulation Article 10 – paragraph 2 a (new) 2a) The Commission is empowered to adopt delegated acts in accordance with Article 73 to introduce electrochemical performance and durability parameters for electric vehicle batteries, as indicated by the UNECE Informal Working Group on Electric Vehicles and the Environment;
Amendment 704 #
Proposal for a regulation Article 10 – paragraph 3 Amendment 705 #
Proposal for a regulation Article 10 – paragraph 3 – introductory part 3. By 31 December 2024, the
Amendment 706 #
Proposal for a regulation Article 10 – paragraph 3 – introductory part 3. By 31 December 2024, the Commission shall adopt a delegated act in accordance with Article 73 to supplement this Regulation by establishing minimum values for the electrochemical performance and durability parameters laid down in Part A of Annex IV that
Amendment 707 #
Proposal for a regulation Article 10 – paragraph 3 – introductory part 3. By 31 December 2024, the Commission shall adopt a delegated act in accordance with Article 73 to supplement this Regulation by establishing minimum values for the
Amendment 708 #
Proposal for a regulation Article 10 – paragraph 3 – subparagraph 1 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
Amendment 709 #
Proposal for a regulation Article 10 – paragraph 3 – subparagraph 1 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 rechargeable industrial batteries and electric vehicle batteries with internal storage and a capacity above 2 kWh and ensure that the requirements laid down therein do not have a significant negative impact on the functionality of those batteries or the appliances into which those batteries are incorporated, its affordability and industry’s competitiveness.
Amendment 710 #
Proposal for a regulation Article 10 – paragraph 3 – subparagraph 1 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 rechargeable industrial batteries with internal storage and a capacity above 2 kWh and ensure that the requirements laid down therein do not have a significant negative impact on the functionality of those batteries or the appliances into which those batteries are incorporated, its affordability and industry’s competitiveness.
Amendment 711 #
Proposal for a regulation Article 10 – paragraph 3 – subparagraph 1 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
Amendment 712 #
Proposal for a regulation Article 10 – paragraph 3 a (new) 3a) The Commission is empowered to adopt delegated acts in accordance with Article 73 to strengthen and/or extend the electrochemical performance and durability parameters laid down in Annex IV in view of technical and scientific progress, to ensure technology neutrality and to make sure that the requirements for electrical vehicle batteries are complementary to or aligned with any technical specifications that may originate from the work of the informal UNECE Working Group on Electric Vehicles and the Environment.
Amendment 713 #
Proposal for a regulation Article 11 – title Removability, replaceability and rep
Amendment 714 #
Proposal for a regulation Article 11 – title Removability and replaceability of portable batteries and light means of transport batteries
Amendment 715 #
Proposal for a regulation Article 11 – title Removability
Amendment 716 #
Proposal for a regulation Article 11 – paragraph 1 – introductory part 1. Portable batteries of general use incorporated in appliances shall be readily removable and replaceable by the end-user or by independent operators during the lifetime of the appliance, if the batteries have a shorter lifetime than the appliance, or at the latest at the end of the lifetime of the appliance. To ensure a high level of safety, replaceability options must be restricted to UN type-approved batteries and modules, and shall not include individual cells within a battery. A battery is readily replaceable where, after its removal from an appliance, it can be substituted by a similar battery, using either an original or qualified part, without affecting the functioning, the safety or the performance of that appliance.
Amendment 717 #
Proposal for a regulation Article 11 – paragraph 1 – introductory part 1. Portable batteries and light means of transport batteries incorporated in appliances shall be readily removable and replaceable by the end-user or by independent operators, which has to be authorised for light means of transport batteries, 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 718 #
Proposal for a regulation Article 11 – paragraph 1 – introductory part 1. Portable batteries incorporated in appliances shall be readily removable and, as of 24 months after the entry into force of this regulation, replaceable by the end- user or by qualified 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 719 #
Proposal for a regulation Article 11 – paragraph 1 – introductory part 1. Portable batteries incorporated in
Amendment 720 #
Proposal for a regulation Article 11 – paragraph 1 – introductory part 1.
Amendment 721 #
Proposal for a regulation 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
Amendment 722 #
Proposal for a regulation Article 11 – paragraph 1 – introductory part 1. Portable batteries and light means of transport batteries incorporated in appliances shall be readily removable and replaceable by the end-user or by independent operators during the lifetime of the appliance, if the batteries have a shorter lifetime than the appliance, or at the latest at the end of the lifetime of the appliance.
Amendment 723 #
Proposal for a regulation Article 11 – paragraph 1 – introductory part (1) Portable batteries incorporated in appliances shall be readily removable and replaceable by the end-user or by qualified independent operators during the lifetime of the appliance, if the batteries have a
Amendment 724 #
Proposal for a regulation Article 11 – paragraph 1 – introductory part 1. Portable batteries incorporated in appliances shall be readily removable and replaceable by the end-user or by qualified 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 725 #
Proposal for a regulation Article 11 – paragraph 1 – introductory part 1. Portable batteries incorporated in appliances shall be readily removable and replaceable by the end-user or by independent qualified 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 726 #
Proposal for a regulation Article 11 – paragraph 1 – introductory part 1. Portable batteries incorporated in appliances shall be readily removable and replaceable by the end-user or by qualified 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 727 #
Proposal for a regulation Article 11 – paragraph 1 – introductory part 1.
Amendment 728 #
Proposal for a regulation Article 11 – paragraph 1 – subparagraph 1 A battery is readily replaceable where, after its removal from an appliance, it can be substituted by a
Amendment 729 #
Proposal for a regulation Article 11 – paragraph 1 – subparagraph 1 A battery is readily replaceable whe
Amendment 730 #
Proposal for a regulation Article 11 – paragraph 1 – subparagraph 1 A battery is readily replaceable where, after its removal from an appliance, it can be substituted by a
Amendment 731 #
Proposal for a regulation Article 11 – paragraph 1 – subparagraph 1 A battery is readily replaceable where, after its removal from an appliance, it can be substituted by a similar battery, without affecting the functioning or the performance of that appliance
Amendment 732 #
Proposal for a regulation Article 11 – paragraph 1 – subparagraph 1 A battery is readily replaceable where, after its removal from an appliance, it can be substituted by a
Amendment 733 #
Proposal for a regulation Article 11 – paragraph 1 – subparagraph 1 A battery is readily replaceable where, after its removal from an appliance, it can be substituted by a technically similar battery, without affecting the functioning, safety or the performance of that appliance.
Amendment 734 #
Proposal for a regulation Article 11 – paragraph 1 – subparagraph 1 A battery is readily replaceable where, after its removal from an appliance, it can be substituted by a
Amendment 735 #
Proposal for a regulation Article 11 – paragraph 1 – subparagraph 1 A battery is readily replaceable where, after its removal from an appliance, it can be substituted by a similar battery, without affecting the safety, functioning or
Amendment 736 #
Proposal for a regulation Article 11 – paragraph 1 – subparagraph 1 a (new) From 1 January 2026, rechargeable batteries designed for electric vehicles and light means of transport, as well as rechargeable batteries incorporated into specific categories of electrical and electronic equipment covered by Directive 2012/19/EU, shall be charged by making use of common chargers. The Commission is empowered to adopt, no later than by 31 December 2024, a delegated act in accordance with Article 73 determining the categories of products and equipment to which this Article shall apply. When adopting the delegated act referred to in paragraph 2, the Commission shall take into account the size of the market, the reduction of waste, and the reduction of costs for consumers and other end-users.
Amendment 737 #
Proposal for a regulation 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 738 #
Proposal for a regulation Article 11 – paragraph 1 – subparagraph 1 a (new) The reuse of portable batteries should be allowed in a new application. All battery systems should be readable for users and modified by professionals.
Amendment 739 #
Proposal for a regulation 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) 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) 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 742 #
Proposal for a regulation Article 11 – paragraph 1 a (new) 1a) Appliances with portable batteries and light means of transport batteries which can be proven to have been produced before the adoption of the regulation will be exempt from article 11 for 5 years after the adoption of the regulation.
Amendment 743 #
Proposal for a regulation Article 11 – paragraph 2 – point a Amendment 744 #
Proposal for a regulation Article 11 – paragraph 2 – point a (a) continuity of power supply is necessary and a permanent connection between the appliance and the portable battery is required for safety, performance
Amendment 745 #
Proposal for a regulation Article 11 – paragraph 2 – point a a (new) (aa) the obligations are not economically viable.
Amendment 746 #
Proposal for a regulation Article 11 – paragraph 2 – point a b (new) (ab) medical or data integrity reasons exist;
Amendment 747 #
Proposal for a regulation Article 11 – paragraph 2 – point b Amendment 748 #
Proposal for a regulation Article 11 – paragraph 2 – point b (b) the functioning of the battery is only possible when the battery is integrated into the structure of the appliance and when there are no alternatives on the market.
Amendment 749 #
Proposal for a regulation Article 11 – paragraph 2 – subparagraph 1 (new) In these cases, the products shall be equipped with an easily understandable label informing about the non- replaceability of the battery.
Amendment 750 #
Proposal for a regulation 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) 2b) The location of a battery in an appliance or light means of transport shall be indicated by a mark or label.
Amendment 752 #
Proposal for a regulation Article 11 – paragraph 3 3.
Amendment 753 #
Proposal for a regulation Article 11 – paragraph 3 3.
Amendment 754 #
Proposal for a regulation Article 11 – paragraph 3 a (new) 3a. By 31 December 2025, the Commission shall assess the feasibility of measures to facilitate, and gradually make mandatory, the interoperability of portable batteries. 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 755 #
Proposal for a regulation Article 11 – paragraph 3 b (new) 3b. By 31 December 2023, the Commission shall assess the feasibility of measures to introduce a ‘deposit rate’ for non-rechargeable portable batteries of general use when they are placed on the market. 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 756 #
Proposal for a regulation Article 11 a (new) Amendment 757 #
Proposal for a regulation Article 11 a (new) Article 11 a Removability and replaceability of electric vehicle batteries and industrial batteries 1. Industrial batteries, automotive batteries and electric vehicle batteries shall be readily removable and replaceable, if the battery have a shorter lifetime than the appliance or vehicle it is used in, by qualified independent authorised operators which shall have non-discriminatory easy access to information on how to safely do this. 2. Electric vehicle batteries and industrial batteries containing several cells shall be modular by design to enable the removability and replaceability of the case, control electronics or individual battery cells without harming the battery. 3. The battery management system of electric vehicle batteries and industrial batteries must be able continue to function after the case, control electronics or individual battery cells has been replaced according to the producer instructions. 4. There must not be any impediments in the electrical vehicle, in the electrical vehicle battery or in the industrial battery to the replacement of the original battery or battery component with another compatible brand of battery or battery component.
Amendment 758 #
Proposal for a regulation Article 11 a (new) Article 11 a Common chargers By 1 January 2026, the Commission shall assess the feasibility of introducing harmonized standards for a common charger for rechargeable batteries designed for electric vehicles and light means of transport, as well as rechargeable batteries incorporated into specific categories of electrical and electronic equipment covered by Directive 2012/19/EU. When undertaking the assessment referred to in paragraph 1, the Commission shall take into account the size of the market, the reduction of waste, the availability and reduction of costs for consumers and other end-users as well as the competitiveness of industrial stakeholders and the promotion of the decarbonisation of road transport within the Union. If relevant, the Commission shall propose a legislative proposal based on the assessment referred to in paragraph 1.
Amendment 759 #
Proposal for a regulation Article 11 b (new) Amendment 760 #
Proposal for a regulation 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 761 #
Proposal for a regulation Article 12 – title Safety of stationary
Amendment 762 #
Proposal for a regulation Article 12 – paragraph 1 1. Stationary battery energy storage systems shall be accompanied by technical documentation demonstrating that they are safe during their normal operation and use, including evidence that they have been successfully tested
Amendment 763 #
Proposal for a regulation Article 13 – paragraph 1 1. From [12 months after the adoption of the implementing act referred to in paragraph 7] and no later than 1 January 2027, batteries shall be marked with a label containing the information laid down in Part A of Annex VI.
Amendment 764 #
Proposal for a regulation Article 13 – paragraph 1 1. From 1 January 202
Amendment 765 #
Proposal for a regulation Article 13 – paragraph 2 2. From 1
Amendment 766 #
Proposal for a regulation 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 767 #
Proposal for a regulation 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 capacity and portable batteries shall be marked with a label containing information on their minimum average duration when used in specific applications.
Amendment 768 #
Proposal for a regulation Article 13 – paragraph 2 2. From 1 January 2027, portable and automotive batteries shall be marked with a label containing information on their capacity. and
Amendment 769 #
Proposal for a regulation 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) 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 771 #
Proposal for a regulation Article 13 – paragraph 3 – introductory part 3.
Amendment 772 #
Proposal for a regulation Article 13 – paragraph 3 – subparagraph 1 Amendment 773 #
Proposal for a regulation Article 13 – paragraph 3 – subparagraph 1 The symbol shall cover at least 3 % of the area of the largest side of the battery
Amendment 774 #
Proposal for a regulation Article 13 – paragraph 3 – subparagraph 2 Amendment 775 #
Proposal for a regulation Article 13 – paragraph 3 – subparagraph 2 In the case of cylindrical battery cells, the symbol shall cover at least 1,5 % of the surface area of the battery
Amendment 776 #
Proposal for a regulation Article 13 – paragraph 3 – subparagraph 3 Amendment 777 #
Proposal for a regulation Article 13 – paragraph 3 – subparagraph 3 Amendment 778 #
Proposal for a regulation Article 13 – paragraph 3 – subparagraph 3 Amendment 779 #
Proposal for a regulation 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 780 #
Proposal for a regulation Article 13 – paragraph 5 – introductory part 5. Batteries and battery cells shall be marked with a QR code in accordance with Part C of Annex VI which shall provide access to the following information:
Amendment 781 #
Proposal for a regulation Article 13 – paragraph 5 – point a (a) from 1 January 2027, for all batteries the information referred to in par
Amendment 782 #
Proposal for a regulation Article 13 – paragraph 5 – point a a (new) (aa) from 12 months after the adoption of the implementing act referred to in paragraph 7 and no later than 1 January 2027, for all batteries the information laid down in Part Aa of Annex VI;
Amendment 783 #
Proposal for a regulation Article 13 – paragraph 5 – point b (b) from 1 January 2027, for portable, light means of transport batteries and automotive batteries the information referred to in paragraph 2;
Amendment 784 #
Proposal for a regulation Article 13 – paragraph 5 – point b (b) from 1 January 2027, for portable, light means of transport and automotive batteries the information referred to in paragraph 2;
Amendment 785 #
Proposal for a regulation 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) (bb) from 1 January 2027, for portable batteries of general use the information referred to in paragraphs 2b;
Amendment 787 #
Proposal for a regulation Article 13 – paragraph 5 – point c Amendment 788 #
Proposal for a regulation Article 13 – paragraph 5 – point c Amendment 789 #
Proposal for a regulation Article 13 – paragraph 5 – point c c) from 1 J
Amendment 790 #
Proposal for a regulation Article 13 – paragraph 5 – point d d) from 1 J
Amendment 791 #
Proposal for a regulation Article 13 – paragraph 5 – point e (e) from [12 months after the entry into force of this Regulation], for
Amendment 792 #
Proposal for a regulation Article 13 – paragraph 5 – point e (e) from [1
Amendment 793 #
Proposal for a regulation Article 13 – paragraph 5 – point e a (new) (ea) from [48 months after the entry into force of the regulation], for light means of transport, electric vehicle, and industrial batteries give access to the battery passport referred to in Article 65;
Amendment 794 #
Proposal for a regulation Article 13 – paragraph 5 – point f (f) from 1
Amendment 795 #
Proposal for a regulation Article 13 – paragraph 5 – point f (f) from 1 July 2024, for electric vehicle batteries, light means of transport batteries and for rechargeable industrial batteries with internal storage and a capacity above 2 kWh the carbon footprint declaration referred to in Article 7(1);
Amendment 796 #
Proposal for a regulation Article 13 – paragraph 5 – point f (f) from 1 J
Amendment 797 #
Proposal for a regulation Article 13 – paragraph 5 – point f (f) from 1 J
Amendment 798 #
Proposal for a regulation Article 13 – paragraph 5 – point f (f) from 1 July 2024, for electric vehicle batteries
Amendment 799 #
Proposal for a regulation Article 13 – paragraph 5 – point f (f) from 1 July 2024, for electric vehicle batteries and for
Amendment 800 #
Proposal for a regulation Article 13 – paragraph 5 – point g Amendment 801 #
Proposal for a regulation Article 13 – paragraph 5 – point g (g) from 12 months after the adoption of both the delegated and implementing acts referred to in Article 7(2) and no later than 1 January 2026,
Amendment 802 #
Proposal for a regulation Article 13 – paragraph 5 – point g (g) from 1 January 2026, for electric vehicle batteries, light means of transport vehicles and for rechargeable industrial batteries with internal storage and a capacity above 2 kWh the carbon footprint performance class referred to in Article 7(2);
Amendment 803 #
Proposal for a regulation Article 13 – paragraph 5 – point g (g) from 1 January 202
Amendment 804 #
Proposal for a regulation Article 13 – paragraph 5 – point g (g) from 1 J
Amendment 805 #
Proposal for a regulation Article 13 – paragraph 5 – point h Amendment 806 #
Proposal for a regulation Article 13 – paragraph 5 – point h (h) from 1
Amendment 807 #
Proposal for a regulation Article 13 – paragraph 5 – point h (h) from 1 January 2027, for
Amendment 808 #
Proposal for a regulation Article 13 – paragraph 5 – point j a (new) (ja) critical raw materials listed in Annex X contained in the battery (j) hazardous substances contained in the battery other than mercury, cadmium or lead (k) From 1 January 2027, for stationary energy storage batteries and electric vehicle batteries, direct access to the European Electronic Exchange System as included in Annex XIII
Amendment 809 #
Proposal for a regulation 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 810 #
Proposal for a regulation Article 13 – paragraph 5 a (new) 5a) When a battery is re-used, repurposed or remanufactured and placed on the market for second-life the label on the battery, or battery cells, will be removed by the operator conducting the treatment and replaced with a label with that operators name, registered trade name or trade mark clearly showing its second-life status.
Amendment 811 #
Proposal for a regulation 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
Amendment 812 #
Proposal for a regulation 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
Amendment 813 #
Proposal for a regulation Article 13 – paragraph 6 6. Labels and QR code referred to in paragraphs 1 to 5 shall be printed or engraved visibly, legibly and indelibly on the battery. Where this is not possible or not warranted on account of the nature and size of the battery, labels shall be affixed to the packaging and to the documents accompanying the battery. For a second- life, or repurposed, battery, labels shall be modified in order to identify clearly where statutory liability lies in connection with potential malfunctions.
Amendment 814 #
Proposal for a regulation 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
Amendment 815 #
Proposal for a regulation 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. In case of second life or repurposing of the battery, any such label shall be replaced with a new label reflecting its second use status.
Amendment 816 #
Proposal for a regulation 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. In case of second life or repurposing of the battery, any such label shall be replaced with a new label reflecting its second use status.
Amendment 817 #
Proposal for a regulation 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. In case of remanufacturing or repurposing, any such label shall be replaced by a new label reflecting its new product status.
Amendment 818 #
Proposal for a regulation Article 13 – paragraph 6 a (new) 6a) In the case of second life batteries or repurposed batteries, the labels and QR code referred to in paragraphs 1 to 5 shall reflect the second use status of the battery. Existing labels shall be replaced with a new label reflecting its second use character;
Amendment 819 #
Proposal for a regulation Article 13 – paragraph 6 a (new) 6a) The Commission is empowered to adopt delegated acts in accordance with Article 73 to provide for alternative types of smart labels instead or in combination with the QR-code in view of technological progress in this area.
Amendment 820 #
Proposal for a regulation 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 821 #
Proposal for a regulation Article 13 – paragraph 7 7. The Commission shall, by
Amendment 822 #
Proposal for a regulation Article 13 – paragraph 7 a (new) 7a) From 01 January 2024, for electric vehicles and light means of transport, the carbon footprint of the batteries shall be displayed in figures and letters on all commercial and technical documentations.
Amendment 823 #
Proposal for a regulation Article 14 – paragraph 1 1. Rechargeable industrial batteries
Amendment 824 #
Proposal for a regulation Article 14 – paragraph 1 1.
Amendment 825 #
Proposal for a regulation Article 14 – paragraph 1 1. Rechargeable industrial batteries and electric vehicle batteries with internal storage and a capacity above 2 kWh shall include a battery management system containing read-only data on the parameters for determining the state of health and expected lifetime of batteries as laid down in Annex VII.
Amendment 826 #
Proposal for a regulation Article 14 – paragraph 1 1.
Amendment 827 #
Proposal for a regulation Article 14 – paragraph 1 1.
Amendment 828 #
Proposal for a regulation Article 14 – paragraph 1 1.
Amendment 829 #
Proposal for a regulation Article 14 – paragraph 2 – introductory part 2.
Amendment 830 #
Proposal for a regulation Article 14 – paragraph 2 – introductory part 2.
Amendment 831 #
Proposal for a regulation Article 14 – paragraph 2 – introductory part 2. Access to
Amendment 832 #
Proposal for a regulation Article 14 – paragraph 2 2.
Amendment 833 #
Proposal for a regulation Article 14 – paragraph 2 – point b Amendment 834 #
Proposal for a regulation Article 14 – paragraph 2 – point c Amendment 835 #
Proposal for a regulation Article 14 – paragraph 2 a (new) 2a) Member States shall ensure that vehicle manufacturers make available, in real-time, in-vehicle data related to the battery state of health, battery state of charge, battery power set point, battery capacity.
Amendment 836 #
Proposal for a regulation Article 14 – paragraph 3 3. The
Amendment 837 #
Proposal for a regulation Article 14 – paragraph 3 3. The
Amendment 838 #
Proposal for a regulation Article 14 – paragraph 3 3. The
Amendment 839 #
Proposal for a regulation Chapter VI – title Amendment 840 #
Proposal for a regulation Article 38 – paragraph 1 – introductory part 1. When placing a battery on the market or putting it into service, including for the manufacturers’ own purposes, manufacturers shall ensure that it complies with the requirement set out in Articles 47 to 50 and that the battery:
Amendment 841 #
Proposal for a regulation Article 38 – paragraph 1 – point b a (new) (ba) comply with the supply chain due diligence obligations set out in Article 39.
Amendment 842 #
Proposal for a regulation Article 38 – paragraph 4 – subparagraph 1 However, where several batteries are delivered simultaneously to a single user, the
Amendment 843 #
Proposal for a regulation Article 38 – paragraph 11 11. Manufacturers who consider or have reason to believe that a battery which they have placed on the market or put into service is not in conformity with the requirements set out in Chapters II and III shall immediately take the corrective action necessary to bring that battery into conformity, to withdraw it or recall it, as appropriate. Furthermore, where the battery presents
Amendment 844 #
Proposal for a regulation Article 38 – paragraph 11 11. Manufacturers who consider or have reason to believe that a battery which they have placed on the market or put into service is not in conformity with the requirements set out in Chapters II and III shall immediately take the corrective action necessary to bring that battery into conformity, to withdraw it or recall it, as appropriate. Furthermore, where the battery presents or is suspected of presenting a risk, manufacturers shall immediately inform the national authority of the Member State in which they made the battery available on the market to that effect, giving details, in particular, of the non-compliance and of any corrective action taken.
Amendment 847 #
Proposal for a regulation Article 39 – title Obligation for economic operators that place
Amendment 848 #
Proposal for a regulation Article 39 – title Obligation for economic operators that
Amendment 849 #
Proposal for a regulation Article 39 – title Obligation for economic operators that place rechargeable industrial batteries, batteries for light mean of transport and electric-vehicle batteries with internal storage and a capacity above 2 kWh on the market to establish supply chain due diligence policies
Amendment 850 #
Proposal for a regulation Article 39 – title Obligation for economic operators that place
Amendment 851 #
Proposal for a regulation Article 39 – title Obligation for economic operators that place
Amendment 852 #
Proposal for a regulation Article 39 – title Amendment 853 #
Proposal for a regulation Article 39 – paragraph 1 1. As of [12 months after the entry into force of the Regulation] the economic operator that places
Amendment 854 #
Proposal for a regulation Article 39 – paragraph 1 1. As of [
Amendment 855 #
Proposal for a regulation Article 39 – paragraph 1 1. As of [12 months after the entry into force of the Regulation] the economic operator that places
Amendment 856 #
Proposal for a regulation Article 39 – paragraph 1 1. As of [12 months after the entry into force of the Regulation] the economic operator that places
Amendment 857 #
Proposal for a regulation Article 39 – paragraph 1 1. As of [
Amendment 858 #
Proposal for a regulation Article 39 – paragraph 1 1. As of [
Amendment 859 #
Proposal for a regulation Article 39 – paragraph 2 – point a (a) adopt, and clearly communicate to suppliers and the public, a company policy for the supply chain
Amendment 860 #
Proposal for a regulation Article 39 – paragraph 2 – point a (a) adopt, and clearly communicate to suppliers and the public, a company due diligence policy for the battery production supply chain, including a dedicated due diligence policy for the supply chain of raw materials indicated in Annex X, point 1, starting at the point of extraction of raw materials;
Amendment 861 #
Proposal for a regulation Article 39 – paragraph 2 – point a (a) adopt, and clearly communicate to suppliers and the public, a company due diligence policy for the supply chain of raw materials indicated in Annex X, point 1, as well as for other associated environmental and human rights risks along the entire value-chain outlined in Annex X, point 2;
Amendment 862 #
Proposal for a regulation Article 39 – paragraph 2 – point a (a) adopt, and clearly communicate to suppliers and the public, a company due diligence policy for the supply chain of raw materials indicated in Annex X, point 1, as well as for other associated environmental and human rights risks along the entire value-chain outlines in Annex X, point 2;
Amendment 863 #
Proposal for a regulation Article 39 – paragraph 2 – point a (a) adopt
Amendment 864 #
Proposal for a regulation 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 (b) incorporate in its
Amendment 866 #
Proposal for a regulation Article 39 – paragraph 2 – point b (b) incorporate in its supply chain policy standards consistent with the standards set out in the model supply chain policy in Annex II to the OECD Due Diligence Guidance, the UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises;
Amendment 867 #
Proposal for a regulation Article 39 – paragraph 2 – point b (b) incorporate in its supply chain policy standards consistent with the standards set out in
Amendment 868 #
Proposal for a regulation Article 39 – paragraph 2 – point c (c) structure its respective internal management systems to support supply chain due diligence by assigning responsibility to senior management to oversee the
Amendment 869 #
Proposal for a regulation Article 39 – paragraph 2 – point c (c) structure its respective internal management systems to support
Amendment 870 #
Proposal for a regulation Article 39 – paragraph 2 – point d – introductory part (d) establish and operate a system of controls and transparency over the
Amendment 871 #
Proposal for a regulation Article 39 – paragraph 2 – point d – introductory part (d) establish and operate a system of controls and transparency over the supply chain, including a chain of custody or traceability system
Amendment 872 #
Proposal for a regulation Article 39 – paragraph 2 – point d – introductory part (d) establish and operate a system of controls and transparency over the supply chain, including a chain of custody or traceability system
Amendment 873 #
Proposal for a regulation Article 39 – paragraph 2 – point d – subparagraph 1 – introductory part Such a system shall be supported by documentation that provides at least the following information:
Amendment 874 #
Proposal for a regulation 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 875 #
Proposal for a regulation Article 39 – paragraph 2 – point d – subparagraph 1 – point iv a (new) (iva) any other relevant information for the purpose of the identification of risks listed in Annex X, Point 2.
Amendment 876 #
Proposal for a regulation Article 39 – paragraph 2 – point d – subparagraph 2 Amendment 877 #
Proposal for a regulation Article 39 – paragraph 2 – point d – subparagraph 2 Amendment 878 #
Proposal for a regulation Article 39 – paragraph 2 – point d – subparagraph 2 Amendment 879 #
Proposal for a regulation Article 39 – paragraph 2 – point d – subparagraph 2 Amendment 880 #
Proposal for a regulation Article 39 – paragraph 2 – point d – subparagraph 2 The requirements set out in
Amendment 881 #
Proposal for a regulation Article 39 – paragraph 2 – point e (e) incorporate its
Amendment 882 #
Proposal for a regulation Article 39 – paragraph 2 – point e (e) incorporate its
Amendment 883 #
Proposal for a regulation 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 884 #
Proposal for a regulation 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 mechanism through collaborative arrangements with other economic operators or organisations, or by facilitating recourse to an external expert or body, such as an ombudsman.
Amendment 885 #
Proposal for a regulation 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 mechanism 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) (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 (a) identify and assess
Amendment 888 #
Proposal for a regulation Article 39 – paragraph 3 – point a (a) identify and assess the adverse impacts associated to the risk categories
Amendment 889 #
Proposal for a regulation Article 39 – paragraph 3 – point a (a) identify and assess
Amendment 890 #
Proposal for a regulation Article 39 – paragraph 3 – point a (a) identify and assess the adverse impacts associated to the risk categories including, but not exclusive to, those listed in Annex X, point 2,
Amendment 891 #
Proposal for a regulation Article 39 – paragraph 3 – point a (a) identify and assess the adverse impacts associated to the risk categories listed in Annex X, point 2, in its supply chain on the basis of the information provided pursuant to paragraph 2 against the standards of their supply chain policy and against other relevant information provided to the producer by stakeholders, including affected communities and relevant civil society organisations;
Amendment 892 #
Proposal for a regulation Article 39 – paragraph 3 – point b – introductory part (b) implement a strategy to respond to the identified risks designed so as to prevent
Amendment 893 #
Proposal for a regulation Article 39 – paragraph 3 – point b – point i (i) reporting findings of the
Amendment 894 #
Proposal for a regulation Article 39 – paragraph 3 – point b – point i (i) reporting findings of the
Amendment 895 #
Proposal for a regulation Article 39 – paragraph 3 – point b – point ii (ii) adopting risk management measures consistent with Annex II to the OECD Due Diligence Guidance, the UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises, considering their ability to influence, and where necessary take steps to exert pressure on suppliers who can most effectively prevent or mitigate the identified risk;
Amendment 896 #
Proposal for a regulation Article 39 – paragraph 3 – point b – point ii (ii) adopting risk management measures consistent with
Amendment 897 #
Proposal for a regulation Article 39 – paragraph 3 – point b – point ii (ii) adopting risk management measures consistent with
Amendment 898 #
Proposal for a regulation 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
Amendment 899 #
Proposal for a regulation 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
Amendment 900 #
Proposal for a regulation 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
Amendment 901 #
Proposal for a regulation Article 39 – paragraph 3 – subparagraph 1 I
Amendment 902 #
Proposal for a regulation 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 should consult with the stakeholders concerned, including local and central government authorities
Amendment 903 #
Proposal for a regulation 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
Amendment 904 #
Proposal for a regulation Article 39 – paragraph 4 – introductory part 4. The economic operator referred to in paragraph 1 shall have their
Amendment 905 #
Proposal for a regulation Article 39 – paragraph 4 – introductory part 4. The economic operator referred to in paragraph 1 shall have their
Amendment 906 #
Proposal for a regulation Article 39 – paragraph 4 – introductory part 4. The economic operator referred to in paragraph 1 shall have their
Amendment 907 #
Proposal for a regulation Article 39 – paragraph 4 – subparagraph 1 – introductory part The
Amendment 908 #
Proposal for a regulation 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 (a) include in its s
Amendment 910 #
Proposal for a regulation Article 39 – paragraph 4 – subparagraph 1 – point a (a) include in its scope all activities, processes and systems used by economic operators to implement their
Amendment 911 #
Proposal for a regulation Article 39 – paragraph 4 – subparagraph 1 – point a (a) include in its scope all activities, processes and systems used by economic operators to implement their
Amendment 912 #
Proposal for a regulation Article 39 – paragraph 4 – subparagraph 1 – point b (b) have as its objective the determination of conformity of the
Amendment 913 #
Proposal for a regulation Article 39 – paragraph 4 – subparagraph 1 – point b (b) have as its objective the determination of conformity of the
Amendment 914 #
Proposal for a regulation 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 915 #
Proposal for a regulation Article 39 – paragraph 4 – subparagraph 1 – point c (c) make recommendations to the economic operators that place batteries on the market on how to improve their
Amendment 916 #
Proposal for a regulation Article 39 – paragraph 4 – subparagraph 1 – point c (c) make recommendations to the economic operators that place batteries on the market on how to improve their
Amendment 917 #
Proposal for a regulation 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 918 #
Proposal for a regulation Article 39 – paragraph 6 – introductory part 6. The economic operator referred to in paragraph 1 shall make available to its immediate downstream purchasers
Amendment 919 #
Proposal for a regulation Article 39 – paragraph 6 – introductory part 6. The economic operator referred to in paragraph 1 shall make available to its immediate downstream purchasers
Amendment 920 #
Proposal for a regulation Article 39 – paragraph 6 – introductory part 6. The economic operator referred to in paragraph 1 shall make available to its immediate downstream purchasers all information gained and maintained pursuant to its
Amendment 921 #
Proposal for a regulation Article 39 – paragraph 6 – introductory part 6. The economic operator referred to in paragraph 1 shall make available to its immediate downstream purchasers all information gained and maintained pursuant to its
Amendment 922 #
Proposal for a regulation Article 39 – paragraph 6 – subparagraph 1 The economic operator referred to in paragraph 1 shall on an annual basis,
Amendment 923 #
Proposal for a regulation Article 39 – paragraph 6 – subparagraph 1 The economic operator referred to in paragraph 1 shall on an annual basis, publicly report
Amendment 924 #
Proposal for a regulation Article 39 – paragraph 6 – subparagraph 1 The economic operator referred to in paragraph 1 shall on an annual basis, publicly report as widely as possible, including on the internet, on its
Amendment 925 #
Proposal for a regulation Article 39 – paragraph 6 – subparagraph 1 The economic operator referred to in paragraph 1 shall on an annual basis, publicly report as widely as possible, including on the internet, on its
Amendment 926 #
Proposal for a regulation Article 39 – paragraph 7 7. The Commission shall develop guidance as regards the application of the due diligence requirements defined in paragraphs 2 and 3 of this Article, with regard to the social and environmental risks referred to in Annex X, point 2, including clearer definitions of "adverse impacts associated to the risk categories", and particularly in line with the international instruments referred to in Annex X, point 3.
Amendment 927 #
Proposal for a regulation Article 39 – paragraph 7 7. The Commission shall develop guidance as regards the application of the due diligence requirements defined in paragraphs 2 and 3 of this Article, with regard to the social and environmental risks referred to in Annex X, point 2 including clearer definitions of “adverse impacts associated to the risk categories”, and particularly in line with the international instruments referred to in Annex X, point 3.
Amendment 928 #
Proposal for a regulation Article 39 – paragraph 7 7. The Commission shall develop guidance as regards the application of the due diligence requirements defined in paragraphs 2 and 3 of this Article, with regard to the social and environmental risks referred to in Annex X, point 2, and particularly in line with the international instruments referred to in Annex X, point 3 and 3a (new).
Amendment 929 #
Proposal for a regulation Article 39 – paragraph 7 – point a (new) (a) In order to enable Member States to ensure compliance with the Regulation according to Article 69, Member States shall be responsible for carrying out appropriate checks;
Amendment 930 #
Proposal for a regulation Article 39 – paragraph 7 – point b (new) (b) The checks referred to in paragraph a shall be conducted by taking a risk-based approach, as well as in cases when a competent authority is in possession of relevant information, including on the basis of substantiated concerns provided by third parties, concerning the compliance by an economic operator with this Regulation;
Amendment 931 #
Proposal for a regulation Article 39 – paragraph 7 – point c (new) (c) The checks referred to in paragraph a should include on-the-spot inspections, including at the premises of the economic operator;
Amendment 932 #
Proposal for a regulation Article 39 – paragraph 7 – point d (new) (d) Economic operators shall offer all the assistance necessary to facilitate the performance of the checks referred to in paragraph a, in particular as regards access to premises and the presentation of documentation and records;
Amendment 933 #
Proposal for a regulation Article 39 – paragraph 7 – point e (new) (e) In order to ensure clarity of tasks and consistency of action among Member State competent authorities, the Commission shall prepare non-binding guidelines in the form of a handbook detailing the steps to be followed by Member State competent authorities carrying out the checks referred to in paragraph a. Those guidelines shall include, as appropriate, templates of documents facilitating the implementation of this Regulation;
Amendment 934 #
Proposal for a regulation Article 39 – paragraph 7 – point f (new) (f) Member State shall keep records of checks referred to in paragraph a indicating in particular the nature and results of such checks, as well as records of any notice of remedial action issued under Article 69;
Amendment 935 #
Proposal for a regulation Article 39 – paragraph 7 – point g (new) (g) Member States shall collect all reports of the economic operators and publish them on a website including the names of the economic operators that have not reported. Results of ex-post check should be reported annually.
Amendment 936 #
Proposal for a regulation Article 39 – paragraph 7 – subparagraph 1 a (new) In accordance with the civil liability regimes of Member States, economic operators are liable for adverse impact they or the entities they control or are able to control caused or contributed to. 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 and that economic operators carry the burden of evidence for not having caused or contributed to a harm.
Amendment 937 #
Proposal for a regulation Article 39 – paragraph 7 a (new) 7a. In order to enable Member States to ensure compliance with this Regulation in accordance with Article 69, Member States shall be responsible for carrying out appropriate checks. The checks referred to in the first subparagraph shall be conducted by taking a risk-based approach, including in cases where a competent authority is in possession of relevant information, such as on the basis of substantiated concerns provided by third parties, concerning the compliance by an economic operator with this Regulation. The checks referred to in the first subparagraph shall include on-the-spot inspections, including at the premises of the economic operator. Economic operators shall offer all the assistance necessary to facilitate the performance of the checks referred to in the first subparagraph, in particular as regards access to premises and the presentation of documentation and records. In order to ensure clarity of tasks and consistency of action among Member State competent authorities, the Commission shall prepare guidelines detailing the steps to be followed by Member State competent authorities carrying out the checks referred to in the first subparagraph. Those guidelines shall include, as appropriate, templates of documents facilitating the implementation of this Regulation Member State shall keep records of checks referred to in the first subparagraph indicating in particular the nature and results of such checks, as well as records of any notice of remedial action issued under Article 69.
Amendment 938 #
Proposal for a regulation 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 939 #
Proposal for a regulation Article 39 – paragraph 7 a (new) 7a. The Commission shall within [6 months of the adoption of the upcoming Directive on Sustainable Corporate Governance and Due Diligence] adopt a delegated act in accordance with Article 73 to align the requirements in this article and in Annex X with the requirements set out in the [new directive]. Any additional due diligence requirements on economic operators placing batteries on the market in this regulation needed to maintain the ambition of the regulation should be complimentary to the requirements of the [new directive] and must lead to as little extra burden on these operators as possible.
Amendment 940 #
Proposal for a regulation Article 39 – paragraph 7 b (new) 7b. In accordance with the civil liability regimes of Member States, economic operators are liable for adverse impact they or the entities they control or are able to control caused or contributed to. 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 and that economic operators carry the burden of evidence for not having caused or contributed to a harm.
Amendment 941 #
Proposal for a regulation Article 39 – paragraph 8 – introductory part 8. The Commission is empowered to adopt delegated acts in accordance with Article 73
Amendment 942 #
Proposal for a regulation Article 39 – paragraph 8 – point a a (new) (aa) Amend the list of international instruments in Annex X in view of international progress
Amendment 943 #
Proposal for a regulation Article 39 – paragraph 8 – point b (b) amend the obligations on the
Amendment 944 #
Proposal for a regulation Article 39 – paragraph 8 – point b (b) amend the obligations on the economic operator referred to in paragraph 1 set out in paragraphs 2 to 4 in view of amendments to Regulation (EU) 2017/821 and changes to the due diligence recommendations set out in
Amendment 945 #
Proposal for a regulation 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 946 #
Proposal for a regulation Article 41 – paragraph 1 1. Importers shall only place on the market or put into service a battery which is compliant with the requirements of Chapters II and III and only if there is the proof of fulfilment of Articles 47 to 50 requirements.
Amendment 947 #
Proposal for a regulation Article 41 – paragraph 1 1. Importers shall only place on the market or put into service a battery which is compliant with the requirements of Chapters II and III and Article 39.
Amendment 948 #
Proposal for a regulation Article 41 – paragraph 2 – subparagraph 1 Where an importer considers or has reason to believe that a battery is not in conformity with the requirements set out in Chapters II and III, the importer shall not place it on the market or put it into service until it has been brought into conformity. Furthermore, where the battery presents a risk or may be considered to present a risk, the importer shall inform the manufacturer and the market surveillance authorities to that effect.
Amendment 949 #
Proposal for a regulation Article 41 – paragraph 2 – subparagraph 1 Where an importer considers or has reason to believe that a battery is not in conformity with the requirements set out in Chapters II and III and Article 39, the importer shall not place it on the market or put it into service until it has been brought into conformity. Furthermore, where the battery presents a risk, the importer shall inform the manufacturer and the market surveillance authorities to that effect.
Amendment 950 #
Proposal for a regulation Article 41 – paragraph 6 6. When deemed appropriate with regard to the risks presented by a battery, importers shall, to protect the human health and safety of consumers, carry out sample testing of marketed batteries,
Amendment 951 #
Proposal for a regulation Article 41 – paragraph 6 6. When deemed appropriate with regard to the risks presented by a battery, importers shall, to protect the human health, the environment and safety of consumers, carry out sample testing of marketed batteries, investigate, and, if necessary, keep a register of complaints, of non-conforming batteries and battery recalls, and shall keep distributors informed of such monitoring.
Amendment 952 #
Proposal for a regulation Article 41 – paragraph 7 7. Importers who consider or have reason to believe that a battery, which they have placed on the market or put into service, is not in conformity with the requirements set out in Chapters II and III, shall immediately take the corrective action necessary to bring that battery into conformity, to withdraw it or recall it, as appropriate. Furthermore, where the battery presents a
Amendment 953 #
Proposal for a regulation Article 41 – paragraph 7 7. Manufacturers who consider or have reason to believe that a battery which they have placed on the market or put into service is not in conformity with the requirements set out in Chapters II and III shall immediately take the corrective action necessary to bring that battery into conformity, to withdraw it or recall it, as appropriate. Furthermore, where the battery presents a risk or may be considered to present a risk, importers shall immediately inform the national authority of the Member State in which they made
Amendment 954 #
Proposal for a regulation Article 41 – paragraph 7 7. Importers who consider or have reason to believe that a battery, which they have placed on the market or put into service, is not in conformity with the requirements set out in Chapters II and III and Article 39, shall immediately take the corrective action necessary to bring that battery into conformity, to withdraw it or recall it, as appropriate. Furthermore, where the battery presents a risk, importers shall immediately inform the national authority of the Member State in which they made the battery available on the market to that effect, giving details, in particular, of the non-compliance and of any corrective action taken.
Amendment 955 #
Proposal for a regulation Article 42 – paragraph 2 – point d a (new) (da) the manufacturer, the manufacturer’s authorised representative, importer or other distributors have complied with the requirements set out in Articles 47 to 50
Amendment 956 #
Proposal for a regulation Article 42 – paragraph 3 3. Where a distributor considers or has reason to believe that a battery is not in conformity with the requirements set out in Chapters II and III and Article 39, the distributor shall not make the battery available on the market until it has been brought into conformity. Furthermore, where the battery presents a risk, the distributor shall inform the manufacturer or the importer to that effect as well as the relevant market surveillance authorities.
Amendment 957 #
Proposal for a regulation Article 42 – paragraph 5 5. Distributors who consider or have reason to believe that a battery, which they have made available on the market, is not in conformity with the requirements set out in Chapters II and III and Article 39 shall make sure that the corrective action necessary to bring that battery into conformity, to withdraw it or recall it, as appropriate, are taken. Furthermore, where the battery presents a
Amendment 958 #
Proposal for a regulation Article 42 – paragraph 6 6. Distributors shall, further to a reasoned request from a national authority provide it with all the information and the technical documentation necessary to demonstrate the conformity of a battery with the requirements set out in Chapters II and III in a language that can be easily understood by that authority. That information and the technical documentation shall be provided in paper or electronic form. Distributors shall cooperate with the national authority, at its request, on any action taken to
Amendment 959 #
Proposal for a regulation Article 42 – paragraph 6 6. Distributors shall, further to a reasoned request from a national authority provide it with all the information and the technical documentation necessary to demonstrate the conformity of a battery with the requirements set out in Chapters II and III and Article 39 in a language that can be easily understood by that authority. That information and the technical documentation shall be provided in paper or electronic form. Distributors shall cooperate with the national authority, at its request, on any action taken to eliminate the risks posed by batteries that they have made available on the market.
Amendment 960 #
Proposal for a regulation Article 44 – paragraph 1 – introductory part An importer or distributor shall be considered a manufacturer for the purposes of this Regulation and that importer or distributor shall be subject to the obligations of the manufacturer under Article
Amendment 961 #
Proposal for a regulation Article 46 – paragraph 2 – subparagraph 2 – point d (d) the type of batteries that the producer intends to make available on the market for the first time within the territory of a Member State, namely portable batteries, light means of transport batteries, industrial batteries, electric vehicle batteries, or automotive batteries;
Amendment 962 #
Proposal for a regulation Article 46 – paragraph 2 – subparagraph 2 – point d (d) the type of batteries that the producer intends to make available on the market for the first time within the territory of a Member State, namely portable batteries, light means of transport batteries, industrial batteries, electric vehicle batteries, or automotive batteries;
Amendment 963 #
Proposal for a regulation Article 46 – paragraph 2 – subparagraph 2 – point e (e) the brands under which the producer intends to supply the batteries in the Member State;
Amendment 964 #
Proposal for a regulation Article 46 – paragraph 2 – subparagraph 2 – point f – introductory part (f) information on how the producer meets its responsibilities set out in Article 47 and the requirements under Article 48, Article 48a and Article 49 respectively:
Amendment 965 #
Proposal for a regulation Article 46 – paragraph 2 – subparagraph 2 – point f – point i – introductory part (i) for portable batteries and light means of transport batteries, the requirements of this point (f) shall be met by providing:
Amendment 966 #
Proposal for a regulation Article 46 – paragraph 2 – subparagraph 2 – point f – point i – introductory part (i) for portable batteries and light means of transport batteries, the requirements of this point (f) shall be met by providing:
Amendment 967 #
Proposal for a regulation Article 46 – paragraph 2 – subparagraph 2 – point f – point ii – indent 1 — a declaration providing information on the measures to be put in place by the producer to attain the producer responsibility obligations set out in Article 47, the measures put in place to meet the collection obligations set out in Article 49(1) with regard to the amount of batteries the producer supplies and the system to ensure that the data reported to the competent authorities is reliable;
Amendment 968 #
Proposal for a regulation Article 46 – paragraph 3 – point c (c) may lay down modalities with respect to the requirements and process of registration without adding
Amendment 969 #
Proposal for a regulation Article 46 – paragraph 3 – point d Amendment 970 #
Proposal for a regulation Article 47 – paragraph 1 – introductory part 1. Producers of batteries shall have extended producer responsibility for batteries that they make available on the market for the first time within the territory of a Member State, to ensure the attainment of the waste management obligations set out in this Chapter. This responsibility shall cease when another economic operator takes over the responsibility as producer, given that that other economic operator is legally and practically completely independent from the producer and has its domiciliation within the European Union. This responsibility shall include the obligation to:
Amendment 971 #
Proposal for a regulation Article 47 – paragraph 1 – introductory part 1. Producers of batteries shall have extended producer responsibility for batteries that they make available on the market for the first time within the territory of a Member State, to ensure the attainment of the waste management obligations set out in this Chapter. This responsibility shall be transferred to the new economic operator responsible for giving a second life to or repurposing batteries. This responsibility shall include the obligation to:
Amendment 972 #
Proposal for a regulation Article 47 – paragraph 1 – point a (a) organise the separate collection of waste batteries in accordance with Article 48 and Article 49 and the subsequent transport,
Amendment 973 #
Proposal for a regulation Article 47 – paragraph 1 – point c (c) promote the separate collection of batteries, including by covering the costs of and regularly carry
Amendment 974 #
Proposal for a regulation Article 47 – paragraph 1 – point c a (new) (ca) take measures, in coordination with the concerned Member State, to create incentives for end-users to fulfil their responsibility to correctly dispose of their waste batteries in the separate collection systems, including by means of education, economic incentives and where needed propose initiatives for regulation
Amendment 975 #
Proposal for a regulation Article 47 – paragraph 1 – point e a (new) (ea) Producers and users of industrial and automotive batteries may conclude agreements stipulating financing arrangements other than the ones referred to in paragraph 1a.
Amendment 976 #
Proposal for a regulation Article 47 – paragraph 1 a (new) 1a. This responsibility shall be reviewed when another economic operator takes over the responsibility as a new producer;
Amendment 977 #
Proposal for a regulation Article 47 – paragraph 4 – point a (a)
Amendment 978 #
Proposal for a regulation Article 47 – paragraph 4 – point a (a) are modulated
Amendment 979 #
Proposal for a regulation Article 47 – paragraph 5 5.
Amendment 980 #
Proposal for a regulation Article 47 – paragraph 5 5. Where, in accordance with Articles 48(2), 48a(2), 49(3), 53(1), 56(1), and paragraphs 1, 2 and 3 of Article 61, activities to carry out obligations referred to in points (a) to (d) of paragraph 1 are carried out by a third party other than a producer or a producer responsibility organisation, the costs to be covered by producers shall not exceed the costs that are necessary to provide those activities in a cost-efficient way. Such costs shall be established in a transparent way between the producers and the third parties concerned and adjusted to take account of any revenues from reuse and from sales of secondary raw materials from the batteries and waste batteries.
Amendment 981 #
Proposal for a regulation Article 47 – paragraph 6 – introductory part Amendment 982 #
Proposal for a regulation Article 47 – paragraph 7 7. In order to demonstrate compliance with paragraph 3(a), producers or, where appointed in accordance with paragraph 2, producer responsibility organisations acting on their behalf, shall provide a guarantee to cover the net cost of recycling which may take the form of a recycling insurance or a
Amendment 983 #
Proposal for a regulation Article 47 – paragraph 7 7. In order to demonstrate compliance with paragraph 3(a), producers or, where appointed in accordance with paragraph 2, producer responsibility organisations acting on their behalf, shall provide a guarantee which may take the form of a recycling insurance, or a blocked bank account, or a dedicated producer responsibility scheme, or participation by the producer in
Amendment 984 #
Proposal for a regulation Article 47 – paragraph 9 – point c (c) the rate of separate collection of waste batteries,
Amendment 985 #
Proposal for a regulation Article 47 – paragraph 12 Amendment 986 #
Proposal for a regulation Article 47 – paragraph 12 12. Where necessary to avoid distortion of the internal market, the Commission is empowered to adopt an implementing act laying down criteria for the application of paragraph 4(a). That implementing act cannot concern the
Amendment 987 #
Proposal for a regulation Article 47 – paragraph 12 a (new) 12a. When a battery reaches an operator carrying out re-use, repurposing or remanufacturing of batteries the extended producer responsibility for the battery will be transferred from the producer to that operator.
Amendment 988 #
Proposal for a regulation Article 48 – paragraph 1 – introductory part 1. Producers or, where a
Amendment 989 #
Proposal for a regulation Article 48 – paragraph 2 – introductory part 2. Producers or, where a
Amendment 990 #
Proposal for a regulation Article 48 – paragraph 3 3. End users, when discarding waste portable batteries at collection points referred to in paragraph 2, shall not be charged or be obliged to buy a new battery. Promotional offers when discarding waste portable batteries at collection points referred to in paragraph 2 or when buying a new portable battery shall be permissible.
Amendment 991 #
Proposal for a regulation Article 48 – paragraph 3 3. End users, when discarding waste portable batteries at collection points referred to in paragraph 2, shall always be able to return any waste portable battery at any collection point and not be charged or be obliged to buy a new battery.
Amendment 992 #
Proposal for a regulation Article 48 – paragraph 3 a (new) 3a. 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 of general use, calculated as percentages of the portable batteries of general use 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: (a) 55 % by 31 December 2023; (b) 75 % by 31 December 2025; (c) 80 % by 31 December 2030. Producers or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf, shall calculate the collection rate referred to in this paragraph in accordance with Annex XI.
Amendment 993 #
Proposal for a regulation 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, excluding waste portable batteries of general use, calculated as percentages of the portable batteries, excluding portable batteries
Amendment 994 #
Proposal for a regulation 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,
Amendment 995 #
Proposal for a regulation 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
Amendment 996 #
Proposal for a regulation Article 48 – paragraph 4 – introductory part 4. Producers or, where a
Amendment 997 #
Proposal for a regulation Article 48 – paragraph 4 – point a Amendment 998 #
Proposal for a regulation Article 48 – paragraph 4 – point a (a)
Amendment 999 #
Proposal for a regulation Article 48 – paragraph 4 – point a (a)
source: 699.187
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History
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