### (2) batteries are thus an important source of energy and one of the key enablers for sustainable development , green mobility , clean energy and climate neutrality. it is expected that the demand for batteries will grow rapidly in the coming years , notably for electric road transport vehicles using batteries for traction , making this market an increasingly strategic one at the global level. significant scientific and technical progress in the field of battery technology will continue. in view of the strategic importance of batteries , and to provide legal certainty to all operators involved and to avoid discrimination , barriers to trade and distortions on the market for batteries , it is necessary to set out rules on sustainability parameters , performance , safety , collection , recycling and second life of batteries as well as on information about batteries. 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. ### (2) batteries are thus an important energy carrier and one of the key enablers for sustainable development , green mobility , clean energy and climate neutrality. it is expected that the demand for batteries will grow rapidly in the coming years , notably for electric road transport vehicles using batteries for traction , making this market an increasingly strategic one at the global level. significant scientific and technical progress in the field of battery technology will continue. in view of the strategic importance of batteries , and to provide legal certainty to all operators involved and to avoid discrimination , barriers to trade and distortions on the market for batteries , it is necessary to set out rules on sustainability parameters , performance , safety , collection , recycling and second life of batteries as well as on information about batteries. 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.


### (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. furthermore , it is stated that sustainability and transparency requirements will be considered , taking into account the carbon footprint of battery manufacturing , the ethical sourcing of raw materials and the security of supply in order to facilitate reuse , repurposing and recycling of batteries. ### (8) the new circular economy action plan adopted on 11 march 2020 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 in view of minimising their environmental impact. furthermore , it is stated that sustainability and transparency requirements will be considered , taking into account the carbon footprint of battery manufacturing , the ethical sourcing of raw materials and the security of supply in order to facilitate reuse , preparing for reuse and recycling of batteries.


### (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. furthermore , it is stated that sustainability and transparency requirements will be considered , taking into account the carbon footprint of battery manufacturing , the ethical sourcing of raw materials and the security of supply in order to facilitate reuse , repurposing and recycling of batteries. ### (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 into account the carbon footprint of battery manufacturing , the ethical sourcing of raw materials and the security of supply in order to facilitate reuse , repurposing and recycling of batteries.


### having regard to the treaty on the functioning of the european union , and in particular article 114 thereof , ### having regard to the treaty on the functioning of the european union , and in particular article 114 and article 192 (1) thereof ,


### the calculation of the life cycle carbon footprint shall be based on the bill of material , the energy , and auxiliary materials used in a specific plant to produce a specific battery model. in particular , the electronic components (e.g. battery management units , safety units) and the cathode materials have to be accurately identified , as they may become the main contributor for the battery carbon footprint. ### the calculation of the life cycle carbon footprint shall be based on the bill of material , the energy , and auxiliary materials used in a specific plant to produce a specific battery model. dedicated methodologies shall be established for each application and battery chemistry , to take into account differences in footprint , performances , functional unit and hotspots. in particular , for lithium-ion batteries the electronic components (e.g. battery management units , safety units) , the raw materials and the cathode materials have to be accurately identified and assessed , as they may become the main contributor for the battery carbon footprint. the calculation methodology shall also identify the environmental hotspots for which secondary data will not be acceptable for the calculation of the carbon footprint.


### the calculation of the life cycle carbon footprint shall be based on the bill of material , the energy , and auxiliary materials used in a specific plant to produce a specific battery model. in particular , the electronic components (e.g. battery management units , safety units) and the cathode materials have to be accurately identified , as they may become the main contributor for the battery carbon footprint. ### the calculation of the life cycle carbon footprint shall be based on the bill of material , the energy , and auxiliary materials used in a specific plant to produce a specific battery model. the calculation should reflect the actual energy mix used by the specific plant. in particular , the electronic components (e.g. battery management units , safety units) and the cathode materials have to be accurately identified , as they may become the main contributor for the battery carbon footprint.


### 4. system boundary ### deleted


### due to the high number of battery components and the complexity of the processes , the economic operator shall limit , where justified , the use of company specific data to process and component analysis to the battery-specific parts. ### the economic operator shall use production facility specific data for all environmental hotspots identified by the calculation methodology described in point 2 of this annex.


### in particular , all activity data related to the battery’s 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-specific activity data shall be used in combination with the relevant product environmental footprint compliant secondary datasets. ### 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-specific activity data shall be used in combination with the relevant product environmental footprint compliant secondary datasets.


### 9. maximum carbon thresholds ### deleted


### 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 rechargeable industrial and electric vehicle batteries , further to a dedicated impact assessment to determine those values. ### 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 stationary energy storage and electric vehicle batteries with a capacity above 2 kwh , further to a dedicated impact assessment to determine those values for each application and battery chemistry.


### 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. ### 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”.


### electrochemical performance and durability requirements for rechargeable industrial batteries and electric vehicle batteries ### electrochemical performance and durability requirements for rechargeable industrial batteries.


### parameters related to the electrochemical performance and durability ### parameters related to the performance and durability


### 1. rated capacity (in ah) and capacity fade (in %). ### 1. rated capacity (in ah) and capacity fade (in % after a defined time or usage).


### 1. rated capacity (in ah) and capacity fade (in %). ### 1. rated capacity (in ah)


### 1. rated capacity (in ah) and capacity fade (in %). ### 1. rated capacity (in ah).


### 2. power (in w) and power fade (in %). ### deleted


### 2. power (in w) and power fade (in %). ### 2. power (in w)


### 2. power (in w) and power fade (in %). ### 2. power (in w).


### 3. internal resistance (in ꭥ) and internal resistance increase (in %). ### deleted


### 3. internal resistance (in ꭥ) and internal resistance increase (in %). ### 3. internal resistance (in ꭥ)


### 3. internal resistance (in ꭥ) and internal resistance increase (in %). ### 3. internal resistance (in ꭥ).


### 4. energy round trip efficiency and its fade (in %). ### deleted


### 5. an indication of their expected life-time under the conditions for which they have been designed. ### deleted


### 5. an indication of their expected life-time under the conditions for which they have been designed. ### 5. expected life-time under the conditions for which they have been designed.


### ‘rated capacity’ means the total number of ampere-hours (ah) that can be withdrawn from a fully charged battery under specific conditions. ### ‘rated capacity’ means the total number of ampere-hours (ah) that can be withdrawn from a fully charged battery under specific reference conditions.


### ‘capacity fade’ means the decrease over time and upon usage in the amount of charge that a battery can deliver at the rated voltage , with respect to the original rated capacity declared by the manufacturer. ### deleted


### ‘power’ means the amount of energy that a battery is capable to provide over a given period of time. ### deleted


### ‘power’ means the amount of energy that a battery is capable to provide over a given period of time. ### ‘power’ means the amount of energy that a battery is capable to provide over a given period of time under reference conditions.


### ‘power fade’ means the decrease over time and upon usage in the amount of power that a battery can deliver at the rated voltage. ### deleted


### ‘internal resistance’ means the opposition to the flow of current within a cell or a battery , that is , the sum of electronic resistance and ionic resistance to the contribution to total effective resistance including inductive/capacitive properties. ### deleted


### ‘internal resistance’ means the opposition to the flow of current within a cell or a battery , that is , the sum of electronic resistance and ionic resistance to the contribution to total effective resistance including inductive/capacitive properties. ### ‘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.


### ‘energy round trip efficiency’ means the ratio of the net energy delivered by a battery during a discharge test to the total energy required to restore the initial state of charge by a standard charge. ### deleted


### 2. ratio between maximum allowed battery power (w) and battery energy (wh). ### 2. ratio between maximum nominal battery power (w) and battery energy (wh).


### 2. ratio between maximum allowed battery power (w) and battery energy (wh). ### 2. ratio between nominal battery power (w) and battery energy (wh).


### 3. depth of discharge in the cycle-life test. ### deleted


### 4. power capability at 80% and 20% state of charge. ### deleted


### 5. any calculations performed with the measured parameters , if applicable. ### deleted


### [...] ### deleted


### 2. the battery type , batch or serial number of the battery or other element allowing its unequivocal identification; ### deleted


### 3. battery model identifier; ### 3. unique battery model identifier;


### 4. date of manufacture; ### 4. coded date of manufacture;


### 5. date of placing on the market; ### deleted


### 6. chemistry; ### 6. chemistry , according to iec standard 62902 on colour coding;


### 7. hazardous substances contained in the battery other than mercury , cadmium or lead; ### deleted


### 8. critical raw materials contained in the battery. ### deleted


### the qr code shall be 100% black and of a size that is easily readable by a commonly available qr reader , such as those integrated in hand-held communication devices. ### the qr code shall be of a single colour of either matte black or matte white in order to give the best contrast against the surface colour of the battery and of a size that is easily readable by a commonly available qr reader , such as those integrated in hand-held communication devices. the qr code shall respect the guidelines of iso-iec standard 18004.


### parameters for determining the state of health of batteries: ### deleted


### parameters for determining the state of health of batteries: ### parameters for determining the state of health of rechargeable industrial batteries:


### 1. remaining capacity; ### 1. remaining energy storage capability underspecified reference conditions;


### biodiversity; ### biodiversity , including deep-sea tailing placement (dstp) practices;


### 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 average weight of such batteries that producers either sell directly to end-users or deliver to third parties in order to sell them to end-users in that member state during that year and the preceding two calendar years. ### 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 weight of waste portable batteries available for collection on its territory , obtained by taking into account the lifecycle of batteries , the export of embedded batteries in waste electrical and electronic equipment and in second hand electrical and electronic equipment.


### 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 concerned , excluding any portable batteries that have left the territory of that member state in that year before being sold to the end users. ### 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 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 concerned , excluding any portable batteries that have left the territory of that member state in that year before being sold to the end users.


### 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 concerned , excluding any portable batteries that have left the territory of that member state in that year before being sold to the end users. ### 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 prior to the year of collection , excluding any portable batteries that have left the territory of that member state in that year before being sold to the end users.


### 3. for each battery , only the first time it is made available on the market in a member state shall be counted. ### 3. for each portable battery , only the first time it is made available on the market in a member state shall be counted.


### 4. the calculation provided for in points 2 and 3 shall be based on collected data or statistically significant estimates based on collected data. ### 4. the calculation provided for in points 2 , 3 , 4 , and 5 shall be based on collected data or based on european representative research.


### 1. no later than 1 january 2025 , recycling processes shall achieve the following minimum recycling efficiencies: ### 1. no later than 1 january 2028 , recycling processes shall achieve the following minimum recycling efficiencies:


### 1. no later than 1 january 2025 , recycling processes shall achieve the following minimum recycling efficiencies: ### 1. no later than 4 years after the adoption of the implementing act referred to in article 57 (4) recycling processes shall achieve the following minimum recycling efficiencies:


### 1. no later than 1 january 2026 , all recycling processes shall achieve the following levels of materials recovery: ### 1. no later than 1 january 2028 , all recycling processes shall achieve the following levels of materials recovery:


### 1. no later than 1 january 2026 , all recycling processes shall achieve the following levels of materials recovery: ### 1. no later than 4 years after the adoption of the implementing act referred to in article 57 (4) , all recycling processes shall achieve the following levels of materials recovery:


### 2. no later than 1 january 2030 , all recycling processes shall achieve the following levels of materials recovery: ### 2. no later than 9 years after the adoption of the implementing act referred to in article 57 (4) , all recycling processes shall achieve the following levels of materials recovery:


### 2. no later than 1 january 2030 , all recycling processes shall achieve the following levels of materials recovery: ### 2. on a date determined in accordance with industry best practices , all recycling processes shall achieve the following levels of materials recovery:


### general description of the model , sufficient for it to be unequivocally and easily identified , including the date of placing in the market; ### battery model;


### battery composition , including critical raw materials; ### battery chemistry family;


### rated capacity (in ah); ### nominal energy (wh);


### minimal , nominal and maximum voltage , with temperature ranges when relevant; ### deleted


### original power capability (in watts) and limits , with temperature range when relevant ; ### deleted


### expected battery lifetime expressed in cycles , and reference test used ; ### deleted


### capacity threshold for exhaustion (only for ev batteries); ### deleted


### temperature range the battery can withstand when not in use (reference test); ### deleted


### initial round trip energy efficiency and at 50% of cycle-life; ### deleted


### internal battery cell and pack resistance; ### deleted


### c-rate of relevant cycle-life test. ### deleted


### detailed composition , including materials used in the cathode , anode and electrolyte; ### deleted


### part numbers for components and contact details of sources for replacement spares; ### deleted


### (9) addressing the entire life cycle of all batteries placed on the union market requires the setting up of harmonised product and marketing requirements , including conformity assessment procedures , as well as requirements to fully address the end-of-life stage of batteries. requirements concerning the end-of-life stage are necessary to address the environmental implications of the batteries and , in particular , to support the creation of recycling markets for batteries and markets for secondary raw materials from batteries in order to close the materials loops. in order to reach the envisaged objectives to address the whole life cycle of a battery in one legal instrument while avoiding barriers to trade and a distortion of competition and safeguarding the integrity of the internal market , the rules setting out the requirements for batteries should be of uniform application for all operators across the union , and not give room for divergent implementation by member states. directive 2006/66/ec should therefore be replaced by a regulation. ### (9) addressing the entire life cycle of batteries placed on the union market requires the setting up of harmonised product and marketing requirements , including conformity assessment procedures , as well as requirements to fully address the end-of-life stage of batteries. requirements concerning the end-of-life stage are necessary to address the environmental implications of the batteries and , in particular , to support the creation of recycling markets for batteries and markets for secondary raw materials from batteries in order to close the materials loops. in order to reach the envisaged objectives to address the whole life cycle of a battery in one legal instrument while avoiding barriers to trade and a distortion of competition and safeguarding the integrity of the internal market , the rules setting out the requirements for batteries should be of uniform application for all operators across the union , and not give room for divergent implementation by member states. directive 2006/66/ec should therefore be replaced by a regulation.


### (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. 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. ### (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.


### (13) batteries should be designed and manufactured so as to optimise their performance , durability and safety and to minimise their environmental footprint. it is appropriate to lay down specific sustainability requirements for rechargeable industrial batteries and electric vehicle batteries with internal storage with a capacity above 2 kwh as such batteries represent the market segment which is expected to increase most in the coming years. ### (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.


### (15) the use of hazardous substances in batteries should be restricted in order to protect human health and the environment and to reduce the presence of such substances in waste. thus , in addition to the restrictions set out in annex xvii of regulation (ec) no 1907/2006 of the european parliament and of the council29 , it is appropriate to set out restrictions for mercury and cadmium in certain types of batteries. batteries used in vehicles which benefit from an exemption under annex ii to directive 2000/53/ec of the european parliament and of the council30 should be excluded from the prohibition to contain cadmium. ### deleted


### (15) the use of hazardous substances in batteries should be restricted in order to protect human health and the environment and to reduce the presence of such substances in waste. thus , in addition to the restrictions set out in annex xvii of regulation (ec) no 1907/2006 of the european parliament and of the council29 , it is appropriate to set out restrictions for mercury and cadmium in certain types of batteries. batteries used in vehicles which benefit from an exemption under annex ii to directive 2000/53/ec of the european parliament and of the council30 should be excluded from the prohibition to contain cadmium. ### (15) risks associated with the use of hazardous substances in batteries should be controlled 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) no1907/2006 of the european parliament and of the council29 , it is appropriate to set out restrictions for mercury and cadmium in certain types of batteries. batteries used in vehicles which benefit from an exemption under annex ii to directive 2000/53/ec of the european parliament and of the council30 should be excluded from the prohibition to contain cadmium.


### (16) in order to ensure that hazardous substances that pose an unacceptable risk to human health or to the environment when used in batteries , can be duly addressed , 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 restrictions on hazardous substances in batteries. ### deleted


### (17) the procedure for adopting new and amending current restrictions on hazardous substances in batteries should be fully streamlined with regulation (ec) no 1907/2006. to ensure effective decision-making , coordination and management of the related technical , scientific and administrative aspects of this regulation , the european chemicals agency set up under regulation (ec) no 1907/2006 (‘the agency’) should carry out specified tasks with regard to the evaluation of risks from substances in the manufacture and use of batteries , as well as those that may occur after their end-of-life as well as the evaluation of the socio-economic elements and the analysis of alternatives , in accordance with relevant guidance by the agency. consequently , the committees for risk assessment and socio-economic analysis of the agency should facilitate the carrying out of certain tasks conferred on the agency by this regulation. ### deleted


### (17) the procedure for adopting new and amending current restrictions on hazardous substances in batteries should be fully streamlined with regulation (ec) no 1907/2006. to ensure effective decision-making , coordination and management of the related technical , scientific and administrative aspects of this regulation , the european chemicals agency set up under regulation (ec) no 1907/2006 (‘the agency’) should carry out specified tasks with regard to the evaluation of risks from substances in the manufacture and use of batteries , as well as those that may occur after their end-of-life as well as the evaluation of the socio-economic elements and the analysis of alternatives , in accordance with relevant guidance by the agency. consequently , the committees for risk assessment and socio-economic analysis of the agency should facilitate the carrying out of certain tasks conferred on the agency by this regulation. ### (17) the procedure for adopting new and amending current restrictions on hazardous substances in batteries should be that described in regulation (ec) no 1907/2006.


### (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 storage and a capacity above 2 kwh placed on the union market should therefore be accompanied by a carbon footprint declaration , , which should be specific , if necessary , per manufacturing batch. batteries are manufactured in batches , made in specific amounts within certain timeframes harmonising the technical rules for calculating the carbon footprint for all rechargeable industrial batteries and electric vehicle batteries with internal storage with a capacity above 2 kwh placed on the union market is a prerequisite for introducing a requirement for the technical documentation of the batteries to include a carbon footprint declaration and subsequently establishing carbon footprint performance classes that will allow identifying the batteries with overall lower carbon footprints. information and clear labelling requirements on batteries’ carbon footprint is not expected in itself to lead to the behavioural change necessary to ensure that the union’s objective to decarbonise the mobility and energy storage sectors is achieved , in line with the internationally agreed objectives on climate change32 . therefore , maximum carbon thresholds will be introduced , further to a dedicated impact assessment to determine those values. in proposing the level of the maximum carbon footprint threshold , the commission will , inter alia , take into account the relative distribution of the carbon footprint values in batteries on the market , the extent of progress in the reduction of carbon footprint of batteries placed on the union market and the effective and potential contribution of this measure to the union’s objectives on sustainable mobility and climate neutrality by 2050. in order to bring about transparency on the batteries’ carbon footprint , and shift the union market towards lower carbon batteries , regardless of where they are produced , a gradual and cumulative increase in the carbon footprint requirements is justified. as a result of these requirements , the avoided carbon emissions in batteries’ life cycle , will contribute to the union’s objective of reaching climate neutrality by 2050. this may also enable other policies at union and national level , such as incentives or green public procurement criteria , fostering the production of batteries with lower environmental impacts. ### (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 storage and a capacity above 2 kwh placed on the union market should therefore be accompanied by a carbon footprint declaration , which should indicate the average carbon footprint of each specific battery model. harmonising the technical rules for calculating the carbon footprint for electric vehicle batteries with internal storage with a capacity above 2 kwh placed on the union market is a prerequisite for introducing a requirement for the technical documentation of the batteries to include a carbon footprint declaration and subsequently establishing carbon footprint performance classes that will allow identifying the batteries with overall lower carbon footprints. information and clear labelling requirements on batteries’ carbon footprint is not expected in itself to lead to the behavioural change necessary to ensure that the union’s objective to decarbonise the mobility sector is achieved , in line with the internationally agreed objectives on climate change32 .


### (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. ### (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. enhancing circularity and resource efficiency with increased recycling and recovery of those raw materials , will contribute to reaching that goal. besides that , the european union must encourage the exploitation of new extraction sides for the aforementioned raw materials.


### (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. ### (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 based on a comprehensive environmental , economic and technical assessment of those raw materials , will contribute to reaching that goal.


### (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. ### (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.


### (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. ### (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. buying these substances on the international market is necessary , but the union can not turn a blind eye to gross violations of human rights and blatant pollution of the environment. therefore , 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.


### (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 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. ### (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. this regulation sets the basis for establishing voluntary schemes for recycled content first , to implement in a subsequent step mandatory recycled content targets for cobalt , lead , lithium and nickel. targets , should take into account the availability of waste , from which such materials can be recovered , the technical 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 may become applicable , necessary experience must be first gained.


### (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 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. ### (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.


### (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. ### (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.


### (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. ### (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.


### (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. ### (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.


### (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. ### (22) in order to ensure uniform conditions for the implementation of the rules on calculating and verifying , per battery model , 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.


### (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 battery performance and durability are not considered sufficiently precise and representative to enable introducing minimum requirements. the introduction of minimum requirements related to performance and durability of these batteries should be accompanied by available adequate harmonised standards or common specifications. ### (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 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.


### (24) in order to reduce the life cycle environmental impact batteries , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of amending the performance and durability parameters and establishing minimum values for those parameters for portable batteries of general use and for rechargeable industrial batteries. ### (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.


### (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. ### (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 , if , based on a life cycle assessment , the alternative use of rechargeable batteries would result in overall environmental benefits.


### 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 threshold established in the delegated act adopted by the commission pursuant to the third subparagraph. ### deleted


### 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 threshold established in the delegated act adopted by the commission pursuant to the third subparagraph. ### 3. electric vehicle batteries and stationary energy storage batteries with a capacity above 2 kwh shall , for each battery model 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 for the individual application and battery chemistry pursuant to the third subparagraph.


### 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 threshold established in the delegated act adopted by the commission pursuant to the third subparagraph. ### 3. electric vehicle batteries and rechargeable industrial batteries a capacity above 2 kwh shall , for each battery model and manufacturer , 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.


### 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 and for rechargeable industrial batteries. ### deleted


### 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 and for rechargeable industrial batteries. ### the requirement for a maximum life cycle carbon footprint threshold in the first subparagraph shall apply as of 24 months after the adoption of the delegated act for electric vehicle batteries and for stationary energy storage batteries with a capacity above 2 kwh.


### 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 and for rechargeable industrial batteries. ### the requirement for a maximum lifecycle carbon footprint threshold in the first subparagraph shall apply for electric vehicle batteries and for rechargeable industrial batteries 36months after the entry into force of the delegated act referenced in the next subparagraph.


### 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 and for rechargeable industrial batteries. ### the requirement for a maximum life cycle carbon footprint threshold in the first subparagraph shall apply as of 1 july 2030 for electric vehicle batteries and for rechargeable industrial batteries.


### 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 carbon footprint threshold referred to in the first subparagraph. in preparing that delegated act , the commission shall take into account the relevant essential elements set out in annex ii. ### deleted


### 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 carbon footprint threshold referred to in the first subparagraph. in preparing that delegated act , the commission shall take into account the relevant essential elements set out in annex ii. ### the commission shall , no later than 1 january 2027 , adopt a delegated act in accordance with article 73 to supplement this regulation by determining the maximum life cycle carbon footprint threshold referred to in the first subparagraph. in preparing that delegated act , the commission shall take into account the relevant essential elements set out in annex ii.


### 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 carbon footprint threshold referred to in the first subparagraph. in preparing that delegated act , the commission shall take into account the relevant essential elements set out in annex ii. ### the commission shall , no later than 1 july 2028 , adopt a delegated act in accordance with article 73 to supplement this regulation by determining the maximum life cycle carbon footprint threshold referred to in the first subparagraph. in preparing that delegated act , the commission shall take into account the relevant essential elements set out in annex ii.


### the introduction of a maximum life cycle carbon footprint threshold shall trigger , if necessary , a reclassification of the carbon footprint performance classes of the batteries referred to in paragraph 2. ### deleted


### recycled content in industrial batteries , electric vehicle batteries and automotive batteries ### recycled content in batteries


### 1. from 1 january 2027 , industrial batteries , electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kwh that contain cobalt , lead , lithium or nickel in active materials shall be accompanied by technical documentation containing information about the amount of cobalt , lead , lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant. ### 1. from 18 months after entry into force of the regulation electric vehicle batteries and stationary energy storage batteries with a capacity above 2 kwh placed on the eu market 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 the battery. the information shall be provided as eu-wide company average , comparing the amount of cobalt , lead , lithium or nickel recovered from waste present in the battery with the total amount of cobalt , lead , lithium or nickel used in the electric vehicle batteries and stationary energy storage batteries placed on the eu market that contain cobalt , lead , lithium or nickel in active materials.


### 1. from 1 january 2027 , industrial batteries , electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kwh that contain cobalt , lead , lithium or nickel in active materials shall be accompanied by technical documentation containing information about the amount of cobalt , lead , lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant. ### 1. from 1 january 2028 , industrial batteries , electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kwh that contain cobalt , lead , lithium or nickel in active materials shall be accompanied by technical documentation containing information about the amount of cobalt , lead , lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant.


### 1. from 1 january 2027 , industrial batteries , electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kwh that contain cobalt , lead , lithium or nickel in active materials shall be accompanied by technical documentation containing information about the amount of cobalt , lead , lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant. ### 1. from 1 january 2027 , portable batteries , industrial batteries , electric vehicle batteries and automotive batteries 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.


### 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 or nickel recovered from waste present in active materials in the batteries referred to in the first subparagraph and the format for the technical documentation. that implementing act shall be adopted in accordance with the examination procedure referred to in article 74(3). ### by 31 december 2024 , the commission shall adopt an implementing act laying down the methodology for the calculation and verification of the amount of cobalt , lead , lithium or nickel recovered from waste present in the batteries referred to in the first subparagraph and the format for the technical documentation. that implementing act shall be adopted in accordance with the examination procedure referred to in article 74(3).


### 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 manufacturing plant: ### 2. from 1 january 2030 , industrial batteries , electric vehicle batteries and automotive batteries with 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 a minimum share of cobalt , lead , lithium or nickel recovered from waste present in active materials in each battery model per manufacturer. new , increased values for the minimum share of recovered cobalt , lead , lithium or nickel shall apply from 1 january 2035.


### 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 manufacturing plant: ### 2. manufacturers of electric vehicle batteries and stationary energy storage batteries placed on the eu market that contain cobalt , lead , lithium or nickel in active materials shall maximise the amount of cobalt , lead , lithium or nickel recovered from waste present in the battery.


### 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 manufacturing plant: ### 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 per manufacturing plant:


### 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 manufacturing plant: ### 2. from 1 january 2030 , portable batteries , industrial batteries , electric vehicle batteries and automotive batteries 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:


### 12% cobalt; ### deleted


### 85% lead; ### deleted


### 4% lithium; ### deleted


### 4% nickel. ### deleted


### 3. from 1 january 2035 , industrial batteries , electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kwh that contain cobalt , lead , lithium or nickel in active materials shall be accompanied by a technical documentation demonstrating that those batteries contain the following minimum share of cobalt , lead , lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant: ### deleted


### 3. from 1 january 2035 , industrial batteries , electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kwh that contain cobalt , lead , lithium or nickel in active materials shall be accompanied by a technical documentation demonstrating that those batteries contain the following minimum share of cobalt , lead , lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant: ### 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 materials in each battery model per manufacturing plant:


### 3. from 1 january 2035 , industrial batteries , electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kwh that contain cobalt , lead , lithium or nickel in active materials shall be accompanied by a technical documentation demonstrating that those batteries contain the following minimum share of cobalt , lead , lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant: ### 3. from 1 january 2035 , portable batteries , industrial batteries , electric vehicle batteries and automotive batteries 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:


### 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 2027 , a delegated act in accordance with article 73 , to amend the targets laid down in paragraphs 2 and 3. ### 4. where justified and appropriate due to the unavailability of cobalt , lead , lithium or nickel recovered from waste , 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 , by lowering them. the commission shall revise the targets based on the conclusions of the study referred to in the first subparagraph of paragraph 1a.


### 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 2027 , a delegated act in accordance with article 73 , to amend the targets laid down in paragraphs 2 and 3. ### 4. by 31 december 2028 , the commission shall submit a report to the parliament and the council on the data gathered on recycled content in batteries , with an impact assessment focused on socio-economic and environmental aspects of different policy options , including the establishment of mandatory targets on minimum amount of cobalt , lead , lithium or nickel recovered from waste present in the battery as eu-wide company average.


### 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 2027 , a delegated act in accordance with article 73 , to amend the targets laid down in paragraphs 2 and 3. ### 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;


### in preparing the delegated act referred to in the first subparagraph , the commission shall consider the need to reduce the life cycle environmental impact of portable batteries of general use and take into consideration relevant international standards and labelling schemes. the commission shall also ensure that the provisions laid down by that delegated act do not have a significant negative impact on the functionality of those batteries or the appliances into which those batteries are incorporated , the affordability and the cost for end-users and the industry’s competitiveness. no excessive administrative burden shall be imposed on manufacturers of the batteries and the appliances concerned. ### 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. a minimal administrative burden shall be imposed on manufacturers of the batteries and the appliances concerned.


### 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. 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. ### 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 are port to the european parliament and to the council and consider taking the appropriate measures , including the adoption of legislative proposals.


### 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. 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. ### 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 where their use has a negative impact on the environment. 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.


### performance and durability requirements for rechargeable industrial batteries and electric vehicle batteries ### performance and durability requirements for electric vehicle batteries


### 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 containing values for the electrochemical performance and durability parameters laid down in part a of annex iv. ### 1. 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 , as defined by , and after adoption of , the unece gtr on in-vehicle battery durability.


### 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 containing values for the electrochemical performance and durability parameters laid down in part a of annex iv. ### 1. from [18 months after entry into force of the regulation] ,electric vehicle batteries with internal storage and 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 a of annex iv.


### 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 containing values for the electrochemical performance and durability parameters laid down in part a of annex iv. ### 1. from [12 months after entry into force of the regulation] , stationary energy storage batteries and electric vehicle batteries with a capacity above 2 kwh shall be accompanied by a technical documentation containing values for the performance and durability parameters laid down in part a of annex iv.


### 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 electrochemical performance and durability parameters. that explanation shall include , at least , the elements laid down in part b of annex iv. ### 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 performance and durability parameters. that explanation shall include , at least , the elements laid down in part b of annex iv.


### 2. from 1 january 2026 , rechargeable industrial 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. ### 2. from 1 january 2027 , stationary energy storage batteries with 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 performance and durability parameters set out in part a of annex iv.


### 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 rechargeable industrial batteries with internal storage and capacity above 2 kwh shall attain. ### 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 performance and durability parameters laid down in part a of annex iv that stationary energy storage batteries with a capacity above 2 kwh shall attain.


### 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. no excessive administrative burden shall be imposed on manufacturers of the batteries and the appliances concerned. ### 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. a minimal administrative burden shall be imposed on manufacturers of the batteries and the appliances concerned.


### 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. no excessive administrative burden shall be imposed on manufacturers of the batteries and the appliances concerned. ### 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 stationary energy storage batteries with 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. no excessive administrative burden shall be imposed on manufacturers of the batteries and the appliances concerned.


### 1. portable batteries incorporated in appliances shall be readily removable and replaceable by the end-user or by independent operators during the lifetime of the appliance , if the batteries have a shorter lifetime than the appliance , or at the latest at the end of the lifetime of the appliance. ### 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.


### 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 supply chain due diligence policies with due regard for business confidentiality and other competitive concerns. ### 6. the economic operator referred to in paragraph 1 shall make available to its immediate downstream purchasers the necessary information gained and maintained pursuant to its supply chain due diligence policies. this provision shall not imply any obligation to disclose trade secrets. information considered a trade secret shall be anonymised.


### 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 supply chain due diligence policies with due regard for business confidentiality and other competitive concerns. ### 6. the economic operator referred to in paragraph 1 shall make available to its immediate downstream purchasers strictly necessary information gained and maintained pursuant to its supply chain due diligence policies with due regard for business confidentiality and other competitive concerns.


### 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 supply chain due diligence policies. that report shall contain the steps taken by that economic operator to comply with the requirements set out in paragraphs 2 and 3 , including findings of significant adverse impacts in the risk categories listed in annex x , point 2 , and how they have been addressed , as well as a summary report of the third-party verifications carried out in accordance with point 4 , including the name of the notified body , with due regard for business confidentiality and other competitive concerns. ### the economic operator referred to in paragraph 1 shall on an annual basis , publicly report in accordance with the non-financial reporting directive , or respectively the upcoming corporate sustainability reporting directive , on its supply chain due diligence policies.


### 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. ### 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.


### 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 , investigate , and , if necessary , keep a register of complaints , of non-conforming batteries and battery recalls , and shall keep distributors informed of such monitoring. ### 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 , and investigate complaints concerning non-conforming batteries given the number and nature of such complaints;


### 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 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. ### 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 an unacceptable risk , either through non-conformity or in the light of certain incidents , and taking into account the gravity of those incidents , importers shall notify 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 or incidents , and of any corrective action taken.


### 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 eliminate the risks posed by batteries that they have made available on the market. ### 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 address substantial risks posed by batteries that they have made available on the market , given that such risks can be eliminated.


### the brand under which the producer intends to supply the batteries in the member state; ### the brands under which the producer intends to supply the batteries in the member state;


### — a declaration providing information on the measures 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; ### — 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;


### may lay down modalities with respect to the requirements and process of registration without adding substantive requirements to the ones laid down in paragraph 2; ### may lay down modalities with respect to the requirements and process of registration without adding requirements to the ones laid down in paragraph 2;


### may charge cost-based and proportionate fees to producers for the processing of applications referred to in paragraph 2. ### deleted


### 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 include the obligation to: ### 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:


### organise the separate collection of waste batteries in accordance with article 48 and article 49 and the subsequent transport , preparation for repurposing and remanufacturing , treatment and recycling of waste batteries , including the necessary safety measures , in accordance with article 56; ### organise the separate collection of waste batteries in accordance with article 48 and article 49 and the subsequent transport , treatment and recycling of waste batteries , including the necessary safety measures , in accordance with article 56;


### are modulated as a minimum by battery type and battery chemistry and , as appropriate , taking into account the rechargeability and the level of recycled content in the manufacture of batteries; ### reflect only the net cost of collection and recycling by battery type and battery chemistry;


### are modulated as a minimum by battery type and battery chemistry and , as appropriate , taking into account the rechargeability and the level of recycled content in the manufacture of batteries; ### are modulated in accordance with the criteria set out in article 8a(4) , point (b) , of directive 2008/98/ec and by battery type and battery chemistry;


### 5. where , in accordance with articles 48(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. ### 5. in accordance with articles 48(2) , 49(1) , 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 may be carried out by a third party other than a producer or a producer responsibility organisation.


### 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 participation by the producer in a producer responsibility organisation. ### 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 an accounting reserve or participation by the producer in a producer responsibility organisation.


### the rate of separate collection of waste batteries , the level of recycling and recycling efficiencies achieved based on the amount of batteries made available on the market for the first time in the member state by their member producers; ### the rate of separate collection of waste batteries , and recycling efficiencies achieved based on the amount of batteries made available on the market for the first time in the member state by their member producers;


### 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 a precise determination of the level of the contributions. that implementing acts shall be adopted in accordance with the examination procedure referred to in article 74(3). ### deleted


### 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. ### 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.


### 4. producers or , where appointed in accordance with article 47(2) , producer responsibility organisations acting on their behalf , shall attain , and maintain durably , at least the following collection targets of waste portable batteries , calculated as percentages of the portable batteries , excluding batteries from light means of transport , made available on the market for the first time in a member state by the respective producer or collectively by the producers covered by a producer responsibility organisation: ### 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 , available for collection 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:


### 4. producers or , where appointed in accordance with article 47(2) , producer responsibility organisations acting on their behalf , shall attain , and maintain durably , at least the following collection targets of waste portable batteries , calculated as percentages of the portable batteries , excluding batteries from light means of transport , made available on the market for the first time in a member state by the respective producer or collectively by the producers covered by a producer responsibility organisation: ### 4. producers or , where appointed in accordance with article 47(2) , producer responsibility organisations acting on their behalf , shall collectively attain at member state level , and maintain durably , at least the following collection targets of waste portable batteries , calculated as percentages of the portable batteries , excluding batteries from light means of transport , made available on the market for the first time in a member state by the respective producer or collectively by the producers covered by a producer responsibility organisation:


### 45 % by 31 december 2023 ; ### […] % by 31 december 2023 ;


### 65 % by 31 december 2025; ### […] % by 31 december 2028;


### 65 % by 31 december 2025; ### 55 % by 31 december 2025;


### 70 % by 31 december 2030. ### […] % by 31 december 2030.


### 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 of the respective type that they have made available on the market for the first time in the territory of that member state. for that purpose they shall accept to take back waste automotive batteries , industrial batteries and electric vehicle batteries from end-users , or from collection points provided in cooperation with: ### 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 that they have made available on the market for the first time in the territory of that member state. for that purpose they shall accept to take back waste automotive batteries , industrial batteries and electric vehicle batteries from end-users , or from take back and collection systems provided in cooperation with:


### public authorities or third parties carrying out waste management on their behalf in accordance with article 53. ### the entities referred to in points (a) , (b) and (c) of the first subparagraph can collect waste automotive batteries , industrial batteries and electric vehicle batteries battery only if they have concluded a contract or agreement with the producers of batteries or their producer responsibility organisations.


### where waste industrial batteries require prior dismantling at the premises of private , non-commercial users , the obligation of the producer to take back those batteries shall include covering the costs of dismantling and collecting waste batteries at the premises of those users. ### deleted