### 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. as of [24 months after the entry into force of this regulation] , 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 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 and light means of transport batteries incorporated in appliances shall be readily removable and replaceable by the end-user or by independent operators during the lifetime of the appliance , if the batteries have a shorter lifetime than the appliance , or at the latest at the end of the lifetime of the appliance.


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


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


### 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. a battery is readily replaceable if it can be removed from the appliance using common working tools and without the need for special technical knowledge , and if it can be replaced by a similar battery after removal from the appliance without affecting the functioning or performance of the appliance.


### a battery is readily replaceable where , after its removal from an appliance , it can be substituted by a similar battery , without affecting the functioning or the performance of that appliance. ### a battery is readily replaceable where , after its removal from an appliance , it can be substituted by a technically identical battery meeting high quality standards , without affecting the original design , functioning , safety or the performance of that appliance.


### a battery is readily replaceable where , after its removal from an appliance , it can be substituted by a similar battery , without affecting the functioning or the performance of that appliance. ### a battery is readily replaceable where , after its removal from an appliance , it can be substituted by a similar battery , without affecting the functioning or the performance of that appliance or endangering the user.


### a battery is readily replaceable where , after its removal from an appliance , it can be substituted by a similar battery , without affecting the functioning or the performance of that appliance. ### a battery is readily replaceable where , after its removal from an appliance , it can be substituted by a technically identical battery , without affecting the functioning , safety or the performance of that appliance


### a battery is readily replaceable where , after its removal from an appliance , it can be substituted by a similar battery , without affecting the functioning or the performance of that appliance. ### a battery is readily replaceable where , after its removal from an appliance , it can be substituted by a similar battery , without affecting the safety , functioning or performance of that appliance.


### 8. the commission is empowered to adopt delegated acts in accordance with article 73 to: ### 8. the commission is empowered to adopt delegated acts in accordance with article 73(c) to specify conditions to recognise international tools or industry schemes that would allow to grant presumption of conformity with provisions under article 39 , pursuant to article 72(2)


### 1. importers shall only place on the market or put into service a battery which is compliant with the requirements of chapters ii and iii ### 1. importers shall only place on the market or put into service a battery which is compliant with the requirements of chapters ii and iii and only if there is the proof of fulfilment of articles 47 to 50 requirements.


### where an importer considers or has reason to believe that a battery is not in conformity with the requirements set out in chapters ii and iii , the importer shall not place it on the market or put it into service until it has been brought into conformity. furthermore , where the battery presents a risk , the importer shall inform the manufacturer and the market surveillance authorities to that effect. ### where an importer considers or has reason to believe that a battery is not in conformity with the requirements set out in chapters ii and iii , the importer shall not place it on the market or put it into service until it has been brought into conformity. furthermore , where the battery presents a risk or may be considered to present a risk , the importer shall inform the manufacturer and the market surveillance authorities to that effect.


### 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 , the environment and safety of consumers , carry out sample testing of marketed batteries , investigate , and , if necessary , keep a register of complaints , of non-conforming batteries and battery recalls , and shall keep distributors informed of such monitoring.


### 7. manufacturers who consider or have reason to believe that a battery which they have placed on the market or put into service is not in conformity with the requirements set out in chapters ii and iii shall immediately take the corrective action necessary to bring that battery into conformity , to withdraw it or recall it , as appropriate. furthermore , where the battery presents a risk , 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. manufacturers who consider or have reason to believe that a battery which they have placed on the market or put into service is not in conformity with the requirements set out in chapters ii and iii shall immediately take the corrective action necessary to bring that battery into conformity , to withdraw it or recall it , as appropriate. furthermore , where the battery presents a risk or may be considered to present a risk , importers shall immediately inform the national authority of the member state in which they made the battery available on the market to that effect , giving details , in particular , of the non-compliance and of any corrective action taken.


### an importer or distributor shall be considered a manufacturer for the purposes of this regulation and that importer or distributor shall be subject to the obligations of the manufacturer under article 40 , where ### an importer or distributor shall be considered a manufacturer for the purposes of this regulation and that importer or distributor shall be subject to the obligations of the manufacturer under article 38 , where


### the type of batteries that the producer intends to make available on the market for the first time within the territory of a member state , namely portable batteries , industrial batteries , electric vehicle batteries , or automotive batteries; ### the type of batteries that the producer intends to make available on the market for the first time within the territory of a member state , namely portable batteries , light means of transport batteries , industrial batteries , electric vehicle batteries , or automotive batteries;


### for portable batteries , the requirements of this point (f) shall be met by providing: ### for portable batteries and light means of transport batteries , the requirements of this point (f) shall be met by providing:


### 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 be transferred to the new economic operator responsible for giving a second life to or repurposing batteries. this responsibility shall include the obligation to:


### 6. producer responsibility organisations shall apply for an authorisation from the competent authority. the authorisation shall be granted only where it is demonstrated that the measures put in place by the producer responsibility organisation are sufficient to meet the obligations set out in this article with regard to the amount of batteries made available on the market for the first time within the territory of a member state by the producers on whose behalf it acts. the competent authority shall in regular intervals , verify whether the conditions for the authorisation laid down in paragraphs 1 , 3 , 4 and 5 continue to be met. the competent authorities shall fix the details of the authorisation procedure and the modalities for verifying compliance , including the information to be provided by producers to that end. ### (does not affect english version)


### 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). ### 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 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).


### 1. producers or , where appointed in accordance with article 47(2) , producer responsibility organisations acting on their behalf , shall ensure the collection of all waste portable batteries , regardless of their nature , brand or origin in the territory of a member state where they make batteries available on the market for the first time. for that purpose they shall: ### 1. producers or , where authorised in accordance with article 47(2) , producer responsibility organisations acting on their behalf , shall ensure the collection of all waste portable batteries , regardless of their nature , brand or origin in the territory of a member state where they make batteries available on the market for the first time. for that purpose they shall:


### 2. producers or , where appointed in accordance with article 47(2) , producer responsibility organisations acting on their behalf , shall ensure that the network of connected collection points : ### 2. producers or , where authorised in accordance with article 47(2) , producer responsibility organisations acting on their behalf , shall ensure that the network of connected collection points :


### 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 authorised 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:


### 45 % by 31 december 2023 ; ### deleted


### 45 % by 31 december 2023 ; ### 60 % by 31 december 2023 ;


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


### 65 % by 31 december 2025; ### 70 % by 31 december 2025;


### 70 % by 31 december 2030. ### 85 % by 31 december 2030.


### producers or , where appointed in accordance with article 47(2) , producer responsibility organisations acting on their behalf , shall calculate the collection rate referred to in this paragraph in accordance with annex xi. ### producers or , where authorised in accordance with article 47(2) , producer responsibility organisations acting on their behalf , shall calculate the collection rate referred to in this paragraph in accordance with annex xi.


### 6. producers or , where appointed in accordance with article 47(2) , producer responsibility organisations shall request an authorisation from the competent authority that shall verify compliance of the arrangements put in place to ensure compliance with the requirements of this article. in case the authorisation is requested by a producer responsibility organisation , the request for authorisation shall clearly identify the active member producers that it is representing. ### 6. producers or , where authorised in accordance with article 47(2) , producer responsibility organisations shall request an authorisation from the competent authority that shall verify compliance of the arrangements put in place to ensure compliance with the requirements of this article. in case the authorisation is requested by a producer responsibility organisation , the request for authorisation shall clearly identify the active member producers that it is representing.


### 11. the producer or , where appointed in accordance with article 47(2) , the producer responsibility organisation acting on its behalf , shall immediately notify the competent authority of any changes to the conditions covered by the application for authorisation referred to in paragraph 7 , of any changes that concern the terms of the authorisation under paragraph 8 , and of the permanent cessation of operations. ### 11. the producer or , where authorised in accordance with article 47(2) , the producer responsibility organisation acting on its behalf , shall immediately notify the competent authority of any changes to the conditions covered by the application for authorisation referred to in paragraph 7 , of any changes that concern the terms of the authorisation under paragraph 8 , and of the permanent cessation of operations.


### 12. every five years the member states shall carry out a compositional survey at least at nuts 2 level of collected mixed municipal waste and waste electric and electronic equipment streams to determine the share of waste portable batteries therein. the first survey shall be carried out by 31 december 2023. on the basis of the information obtained , the competent authorities may require , when granting or reviewing an authorisation under paragraphs 6 and 10 that the producers of portable batteries or producer responsibility organisations take corrective action to increase their network of connected collection points and carry out information campaigns in accordance with article 60(1) in proportion to the share of waste portable batteries in mixed municipal waste and waste electric and electronic equipment streams detected in the survey. ### (does not affect english version)


### 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 authorised 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 reclaimed 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:


### 3. producers of automotive batteries , industrial batteries and electric vehicle batteries or , where appointed in accordance with article 47(2) , producer responsibility organisations , shall: ### 3. producers of automotive batteries , industrial batteries and electric vehicle batteries or , where authorised in accordance with article 47(2) , producer responsibility organisations , shall:


### 4. the entities referred to in points (a) , (b) and (c) of paragraph 3 may hand over collected waste automotive batteries , industrial batteries and electric vehicle batteries to authorised waste management operators for treatment and recycling in accordance with article 56. in such cases , the obligation of producers pursuant to paragraph 3(c) shall be deemed to be met. ### 4. the entities referred to in points (a) , (b) and (c) of paragraph 3 may hand over collected waste automotive batteries , industrial batteries and electric vehicle batteries at the collection points to authorised waste management operators for treatment and recycling in accordance with article 56. in such cases , the obligation of producers pursuant to paragraph 3(c) shall be deemed to be met.


### 4. the obligations under this article shall apply mutatis mutandis to operators supplying batteries by means of distance contracts to end users. those operators shall provide for a sufficient number of collection points covering the whole territory of a member state and taking into account population size and density , expected volume of waste automotive , industrial and electric vehicle batteries , accessibility and vicinity to end users allowing end users to return batteries. ### 4. the obligations under this article shall apply mutatis mutandis to operators supplying batteries by means of distance contracts to end users. those operators shall provide for a sufficient number of collection points covering the whole territory of a member state and taking into account population size and density , expected volume of waste portable , automotive , industrial and electric vehicle batteries , accessibility and vicinity to end users allowing end users to return batteries.


### 1. end users shall discard waste batteries separately from other waste streams , including from mixed municipal waste. ### (does not concern english version)


### voluntary waste portable battery collection points shall hand over waste portable batteries to the producers of portable batteries or third parties acting on their behalf , including producer responsibility organisations , or to waste management operators with a view to their treatment and recycling in accordance with the requirements of article 56. ### (does not concern english version)


### 1. member states shall achieve the following minimum collection targets for waste portable batteries , excluding waste batteries from light means of transport: ### 1. member states shall achieve the following minimum collection targets for waste portable batteries:


### 1. member states shall achieve the following minimum collection targets for waste portable batteries , excluding waste batteries from light means of transport: ### (does not concern english version)


### 45 % by 31 december 2023; ### deleted


### 45 % by 31 december 2023; ### 60 % by 31 december 2023;


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


### 65 % by 31 december 2025; ### 70 % by 31 december 2025;


### 70 % by 31 december 2030. ### 85 % by 31 december 2030.


### 4. the commission shall , by 31 december 2023 , adopt an implementing act to establish detailed rules regarding the calculation and verification of recycling efficiencies and recovery of materials. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 74(3). ### 4. the commission shall , by 31 december 2023 , adopt an implementing act to establish detailed rules regarding the calculation and verification of recycling efficiencies and recovery of materials based on the main recycling step where the raw materials are finally extracted. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 74(3).


### 4. the commission shall , by 31 december 2023 , adopt an implementing act to establish detailed rules regarding the calculation and verification of recycling efficiencies and recovery of materials. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 74(3). ### 4. the commission shall , by 31 december 2023 , adopt an implementing act to establish detailed rules , based on an economic and environmental impact assessment , regarding the calculation and verification of recycling efficiencies and recovery of materials. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 74(3).


### 4. the commission shall , by 31 december 2023 , adopt an implementing act to establish detailed rules regarding the calculation and verification of recycling efficiencies and recovery of materials. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 74(3). ### 4. the commission shall , by 31 december 2022 , adopt an implementing act to establish detailed rules regarding the calculation and verification of recycling efficiencies and recovery of materials. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 74(3).


### requirements related to the repurposing and remanufacturing of industrial batteries and electric-vehicle batteries ### requirements related to the repurposing of industrial batteries and electric-vehicle batteries


### 1. independent operators shall be given access to the battery management system of rechargeable industrial batteries and electric vehicle batteries with internal storage with a capacity above 2 kwh , on equal terms and conditions , for the purpose of assessing and determining the state of health and remaining lifetime of batteries , according to the parameters laid down in annex vii. ### 1. any legal or natural person who has legally purchased the battery and fulfils conditions under article 59 point 5 shall be given access to relevant parts of the battery management system of electric vehicle batteries and stationary battery energy storage systems on a non-discriminatory basis , for the purpose of assessing and determining the state of health and remaining lifetime of batteries , according to the parameters laid down in annex vii. further use of the battery that is subject to repurposing or remanufacturing shall be documented by means of an invoice or a contract for the sale or transfer of ownership of the battery.


### 1. independent operators shall be given access to the battery management system of rechargeable industrial batteries and electric vehicle batteries with internal storage with a capacity above 2 kwh , on equal terms and conditions , for the purpose of assessing and determining the state of health and remaining lifetime of batteries , according to the parameters laid down in annex vii. ### 1. authorised operators shall be given read-only access to the battery management system of rechargeable industrial batteries and electric vehicle batteries with internal storage with a capacity above 2 kwh in line with the application of article 65. such access shall be granted on equal terms and conditions , for the purpose of assessing and determining the state of health and remaining lifetime of batteries , according to the parameters laid down in annex vii.


### 2. independent operators carrying out repurposing or remanufacturing operations shall be given adequate access on equal terms and conditions , to the information relevant for the handling and testing of rechargeable industrial batteries and electric vehicle batteries , or of appliances and vehicles in which such batteries are incorporated as well as of components of such batteries , appliances or vehicles , including safety aspects. ### 2. any legal or natural person who has legally purchased the battery and fulfils conditions under article 59 point 5 carrying out repurposing operations shall be given adequate access on a non-discriminatory basis to the information relevant for the handling and testing of electric vehicle batteries and stationary battery energy storage systems or of appliances and vehicles in which such batteries are incorporated as well as of components of such batteries , appliances or vehicles , including safety aspects. further use of the battery that is subject to repurposing or remanufacturing shall be documented by means of an invoice or a contract for the sale or transfer of ownership of the battery.


### 2. independent operators carrying out repurposing or remanufacturing operations shall be given adequate access on equal terms and conditions , to the information relevant for the handling and testing of rechargeable industrial batteries and electric vehicle batteries , or of appliances and vehicles in which such batteries are incorporated as well as of components of such batteries , appliances or vehicles , including safety aspects. ### 2. authorised operators carrying out repurposing or remanufacturing operations shall be given adequate access on equal terms and conditions , to the information relevant for the handling and testing of rechargeable industrial batteries and electric vehicle batteries , or of appliances and vehicles in which such batteries are incorporated as well as of components of such batteries , appliances or vehicles , including safety aspects.


### 1. producers or , where appointed in accordance with article 47(2) , producer responsibility organisations acting on their behalf shall make available to end users and distributors the following information regarding the prevention and management of waste batteries with respect to the types of batteries that the producers supply within the territory of a member state: ### 1. producers or , where authorised in accordance with article 47(2) , producer responsibility organisations acting on their behalf shall make available to end users and distributors the following information regarding the prevention and management of waste batteries with respect to the types of batteries that the producers supply within the territory of a member state:


### 1. producers of portable batteries or , where appointed in accordance with article 47(2) , producer responsibility organisations acting on their behalf shall report to the competent authority for each calendar year the following information according to the battery chemistry , specifying the amounts of batteries powering light means of transport: ### 1. producers of portable batteries or , where authorised in accordance with article 47(2) , producer responsibility organisations acting on their behalf shall report to the competent authority for each calendar year the following information according to the battery chemistry , specifying the amounts of batteries powering light means of transport:


### where waste management operators other than producers or , where appointed in accordance with article 47(2) , producer responsibility organisations acting on their behalf , collect waste portable batteries from distributors or other collection points for waste portable batteries , they shall report to the competent authority for each calendar year the amount of waste portable batteries collected according to their chemistry and specifying the amounts of batteries powering light means of transport. ### where waste management operators other than producers or , where authorised in accordance with article 47(2) , producer responsibility organisations acting on their behalf , collect waste portable batteries from distributors or other collection points for waste portable batteries , they shall report to the competent authority for each calendar year the amount of waste portable batteries collected according to their chemistry and specifying the amounts of batteries powering light means of transport.


### 2. producers of automotive batteries , industrial batteries and electric vehicle batteries or where appointed in accordance with article 47(2) producer responsibility organisations acting on their behalf , shall report to the competent authority for each calendar year the following information , according to chemistries and types of batteries: ### 2. producers of automotive batteries , industrial batteries and electric vehicle batteries or where authorised in accordance with article 47(2) producer responsibility organisations acting on their behalf , shall report to the competent authority for each calendar year the following information , according to chemistries and types of batteries:


### 2. the system shall contain the information and data on rechargeable industrial batteries and electric vehicle batteries with internal storage and a capacity above 2 kwh as laid down in annex xiii. that information and data shall be sortable and searchable , respecting open standards for third party use. ### 2. the system shall contain the information and data on rechargeable industrial batteries and electric vehicle batteries with internal storage and a capacity above 2 kwh as laid down in annex xiii. that information and data shall be sortable and searchable , respecting open standards for third party use and without intruding on ip and property rights.


### 7. the commission is empowered to adopt implementing acts to establish the rules for accessing , sharing , managing , exploring , publishing and reusing of the information and data accessible through the battery passport. ### 7. the commission is empowered to adopt implementing acts to establish the rules for accessing , sharing , managing , exploring , publishing and reusing of the information and data accessible through the battery passport without intruding on ip and property rights.


### 1. where , having carried out an evaluation under article 67(1) , a member state finds that although a battery is in compliance with the requirements set out in chapters ii and iii , it presents a risk to the human health or safety of persons , to the protection of property or to the environment , it shall require the relevant economic operator to take all appropriate measures to ensure that the battery concerned , when placed on the market , no longer presents that risk , to withdraw the battery from the market or to recall it , within a reasonable period which is commensurate with the nature of that risk. ### 1. where , having carried out an evaluation under article 67(1) , a member state finds that although a battery is in compliance with the requirements set out in chapters ii and iii , it presents a risk or may reasonably be considered to present a risk to the human health or safety of persons , to the protection of property or to the environment , it shall require the relevant economic operator to take all appropriate measures to ensure that the battery concerned , when placed on the market , no longer presents that risk , to withdraw the battery from the market or to recall it , within a reasonable period which is commensurate with the nature of that risk.


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


### 2. the power to adopt delegated acts referred to in articles 6(2) , 7(1) , (2) and (3) , 9(2) , 10(3) , 12(2) , 17(4) , 27(3) , 39(8) , 55(4) , 56(4) , 57(6) , 58(3) and 70(2) shall be conferred on the commission for a period of five years from [date of entry into force of this regulation]. the commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five-year period. the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension no later than three months before the end of each period. ### 2. the power to adopt delegated acts referred to in articles 6(2) , 7(1) , (2) and (3) , 9(2) , 10(2a)(new) , 10(3) , 12(2) , 14(3) , 17(4) , 27(3) , 39(8) , 55(4) , 56(4) , 57(6) , 58(3) and 70(2) shall be conferred on the commission for a period of five years from [date of entry into force of this regulation]. the commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five-year period. the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension no later than three months before the end of each period.


### 1. by 31 december 2030 , the commission shall draw up a report on the application of this regulation and its impact on the environment and the functioning of the internal market. ### 1. by 31 december 2030 , the commission shall draw up a report on the application of this regulation and its impact on human health , the environment and the functioning of the internal market.


### directive 2006/66/ec is repealed with effect from 1 july 2023; however , its: ### directive 2006/66/ec is repealed with effect from the entry into force of the new regulation; however , its:


### (27) reliable batteries are fundamental for the operation and safety of many products , appliances and services. therefore , batteries should be designed and manufactured to ensure their safe operation and use. this aspect is particularly relevant for stationary battery energy storage systems , which are currently not covered by other union legislation. parameters to be considered in safety tests should therefore be laid down for those energy storage systems. ### (27) reliable batteries are fundamental for the operation and safety of many products , appliances and services. therefore , batteries should be designed and manufactured to ensure their safe operation and use. this aspect is particularly relevant for stationary battery energy storage systems , which are currently not covered by other union legislation. parameters to be considered in safety tests should therefore be laid down for those energy storage systems. furthermore , given the steadily increasing energy density in lithium-based batteries and accumulators , fire incidents endangering humans and the environment have been increasing and hampering the circular economy. to ensure safe end-of-life treatment and avoid dangerous disposal , a european deposit refund scheme shall be put in place one year after the entry into force of this regulation. assigning a value to batteries and waste batteries is required to avoid risks that result from incorrect disposal , in particular fire incidents endangering humans and the environment.


### (60) some of the raw materials in question , such as cobalt , lithium and natural graphite , are considered as critical raw materials for the eu38 and their sustainable sourcing is required for the eu battery ecosystem to perform adequately. ### (60) some of the raw materials in question , such as cobalt , lithium and natural graphite , are considered as critical raw materials for the eu38 and their sustainable sourcing is required for the eu battery ecosystem to perform adequately. the eu must also take measures to build secondary critical raw materials markets in order to guarantee constant secondary critical raw material flows.


### (80) batteries may be collected together with waste electrical and electronic equipment , by way of national collection schemes set up on the basis of directive 2012/19/eu and with end-of-life vehicles in accordance with directive 2000/53/ec. in this case , as an obligatory minimum treatment requirement , batteries should be removed from the collected waste appliances and end-of-life vehicles. after their removal , batteries should be subject to the requirements of this regulation , notably they should be counted towards the attainment of the collection target for the type of battery in question and be subject to treatment and recycling requirements laid down in this regulation. ### (80) batteries may be collected together with waste electrical and electronic equipment , by way of national collection schemes set up on the basis of directive 2012/19/eu and with end-of-life vehicles in accordance with directive 2000/53/ec. in this case , as an obligatory minimum treatment requirement , batteries should be removed from the collected waste appliances and end-of-life vehicles. it is necessary to ensure that all batteries are removed from any separately collected waste electrical and electronic equipment prior to treatment of this waste electrical and electronic equipment or during the treatment process provided that this process can ensure that batteries can be separated in a distinct stream and that the batteries remain undamaged. moreover , quantified objectives should be established for weee operators to remove batteries from certain weee categories (5 and 6). after their removal , batteries should be subject to the requirements of this regulation , notably they should be counted towards the attainment of the collection target for the type of battery in question and be subject to treatment and recycling requirements laid down in this regulation.


### (94) a battery passport should be established , allowing economic operators to gather and reuse in a more efficient way the information and data on individual batteries placed on the market and to make better informed choices in their planning activities. in order to ensure uniform conditions for the implementation of the battery passport , implementing powers should be conferred on the commission. ### (94) a battery passport should be established , allowing economic operators to gather and reuse in a more efficient way the information and data on individual batteries placed on the market without intruding on ip and property rights and to make better informed choices in their planning activities. in order to ensure uniform conditions for the implementation of the battery passport , implementing powers should be conferred on the commission.


### (102) when adopting delegated acts under this regulation , it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law-making65 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states’ experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts. ### (102) when adopting delegated acts under this regulation , it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level and with industry and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law-making65 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states’ experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts.


### (1) ‘battery’ means any source of electrical energy generated by direct conversion of chemical energy and consisting of one or more non-rechargeable or rechargeable battery cells or of groups of them; ### (1) ‘battery’ means any source of electrical energy generated by direct conversion of chemical energy and consisting of one or more non-rechargeable or rechargeable battery cells or of groups of them fitted with all devices as necessary for use , as a finished product or in an application;


### (6) ‘battery with internal storage’ means a battery with no attached external devices to store energy; ### deleted


### (10) ‘automotive battery’ means any battery used only for automotive starter , lighting or ignition power; ### (10) ‘automotive battery’ means any battery used for automotive and non-road mobile machinery starter , lighting or ignition power and any other auxiliary or supporting function in the vehicle;


### (13) ‘stationary battery energy storage system’ means a rechargeable industrial battery with internal storage specifically designed to store and deliver electric energy into the grid , regardless of where and by whom this battery is being used; ### (13) ‘battery management system’ means an electronic system associated with a battery which has functions to control current in case of overcharge , overcurrent , over discharge , and overheating and which monitors and/or manages its state , calculates secondary data , reports that data and/or controls its environment to influence the battery’s safety , performance and/or service life


### (17) ‘battery model’ is any manufactured battery that is produced in series; ### (17) ‘battery model’ is any manufactured battery that is produced in series , with similar design , performance and carbon footprint;


### (26) ‘repurposing’ means any operation that results in parts or the complete battery being used for a different purpose or application than the one that the battery was originally designed for; ### (26) ‘preparing for re-use' means any operation that results in parts or the complete battery being used for a different purpose or application than the one that the battery was originally designed for;


### the carbon footprint declaration requirement in the first subparagraph shall apply as of 1 july 2024 to electric vehicle batteries and to rechargeable industrial batteries. ### the carbon footprint declaration requirement in the first subparagraph shall apply as of 1 july 2024 to electric vehicle batteries and to rechargeable industrial batteries 18 months after the implementing act and the delegated act come into force , as set out in the following subparagraph.


### the carbon footprint performance class requirements in the first subparagraph shall apply as of 1 january 2026 for electric vehicle batteries and for rechargeable industrial batteries. ### the carbon footprint performance class requirements in the first subparagraph shall apply 18 months after the implementing act and the delegated act come into force , as set out in the following subparagraph , to electric vehicle batteries and to rechargeable industrial batteries


### the commission shall , no later than 31 december 2024 , adopt ### by 1 july 2025 , the commission shall adopt the following:


### 1. rechargeable industrial batteries and electric vehicle batteries with internal storage and a capacity above 2 kwh shall include a battery management system containing data on the parameters for determining the state of health and expected lifetime of batteries as laid down in annex vii. ### (1) rechargeable industrial batteries and electric vehicle batteries with internal storage and a capacity above 2 kwh shall include a battery management system containing data on the parameters for determining the state of health and expected lifetime of batteries as laid down in annex vii.


### 1. rechargeable industrial batteries and electric vehicle batteries with internal storage and a capacity above 2 kwh shall include a battery management system containing data on the parameters for determining the state of health and expected lifetime of batteries as laid down in annex vii. ### (1) rechargeable industrial batteries shall include a battery management system containing data on the parameters for determining the state of health and expected lifetime of batteries as laid down in annex vii.


### 1. rechargeable industrial batteries and electric vehicle batteries with internal storage and a capacity above 2 kwh shall include a battery management system containing data on the parameters for determining the state of health and expected lifetime of batteries as laid down in annex vii. ### 1. stationary energy storage batteries and electric vehicle batteries equipped with a battery management system contain data on the parameters for determining the state of health and expected lifetime of batteries as laid down in annex vii.


### 3. the provisions of this article shall apply in addition to those laid down in union law on type approval of vehicles. ### 3. the commission is empowered to adopt delegated acts in accordance with article 73 to introduce for determining the state of health and expected lifetime of batteries for electric vehicles batteries , as indicated by the unece informal working group on electric vehicles and the environment.


### (iv) quantities of the raw material present in the battery placed on the market , expressed in percentage or weight. ### (iv) quantities of the raw material present in the battery models placed on the market , expressed in percentage or weight.


### — exploded diagrams of the battery system/pack showing the location of battery cells , ### deleted


### — amount of cells used and layout; ### deleted


### c. whereas , despite the lack of comprehensive data on its full impact , the number of companies operating in the market since the full application of the tsd increased by 10 % from 2013 to 2017 , while the turnover of the eu toy industry has constantly increased since its entry into force; whereas 99 % of companies in the sector are smes; ### c. whereas , despite the lack of comprehensive data on its full impact , the tsd is still effective in guaranteeing the free movement of toys in the single market and the number of companies operating in the market since the full application of the tsd increased by 10 % from 2013 to 2017 , while the turnover of the eu toy industry has constantly increased since its entry into force; whereas 99 % of companies in the sector are smes;


### d. whereas scientific and technological developments show the constant emergence of previously unknown risks and challenges related to toys that call for quick adaptations; ### d. whereas the toy safety directive requires that toys , including the chemicals they contain , are safe; whereas specific requirements and standards can be adapted in case of new emergence of scientific and technological developments;


### 2. acknowledges the added value of the tsd in improving the safety of children and ensuring an equal level of protection across the single market , compared to the previous directive , and its role in providing legal certainty and a level playing field for businesses; ### 2. acknowledges the added value of the tsd in improving the safety of children and ensuring an equal high level of protection across the single market , compared to the previous directive , and its role in providing legal certainty and a level playing field for businesses;


### 1. supports the commission in the implementation of its intellectual property action plan of november 2020 , as strong , robust ipr protection at national , european and international level which enables return on investment is particularly important for the economic recovery from covid-19 as well as the creation of a digital and globally competitive sustainable economy in europe; ### 1. supports the commission in the implementation of its intellectual property action plan of november 2020 , as strong , robust ipr protection at national , european and international level which enables return on investment is particularly important for the economic recovery from covid-19 , to ensure legal certainty , as well as the creation of a digital and globally competitive sustainable economy in europe;


### 1. stresses the significant role played by geographical indications (gi) and traditional specialities guaranteed (tsg) in protecting the reputation of the eu food and drink sector in the single market and international markets , despite the fact that they only represent 7 % of total eu food and drink sales; ### 1. stresses the significant role played by geographical indications (gi) and traditional specialities guaranteed (tsg) in enhancing and protecting the reputation and intellectual property rights of the eu food and drink sector in the single market and international markets; recalls that the eu protects 3 295 products with gis and 64 products with tsgs , and that , despite the fact that these products only represent 7 % of total eu food and drink sales , they account for 15.4 % of the volume of eu exports;


### 4. stresses that the unitary patent package (upp) , which includes the european patent with unitary effect (unitary patent) and the unified patent court (upc) , will make patent protection and dispute settlement across europe less complex , less costly and more efficient; asks the participating member states which have not yet done so , therefore , to conclude the ratification of the agreement on a unified patent court (upca) , as well as the protocol to the upca on provisional application (ppa) , as soon as possible , or by other means to declare that they are bound to the ppa in order to allow for a rapid entry into operation of the upp; ### 4. stresses that the unitary patent package (upp) , which includes the european patent with unitary effect (unitary patent) and the unified patent court (upc) , will make patent protection more efficient , as well as dispute settlement across europe less complex , by avoiding the launch of parallel procedures in member states , less costly , by reducing legal costs , and more efficient , thereby enhancing legal certainty; asks the participating member states which have not yet done so , therefore , to conclude the ratification of the agreement on a unified patent court (upca) , as well as the protocol to the upca on provisional application (ppa) , as soon as possible , or by other means to declare that they are bound to the ppa in order to allow for a rapid entry into operation of the upp;


### 5. welcomes , as a positive step , the recently announced us support for a proposal to temporarily waive certain provisions of the agreement on trade-related aspects of intellectual property rights for the prevention , containment and treatment of covid-19; urges the commission , therefore , to follow through on its promise to engage in active and constructive text-based negotiations at world trade organization level. ### 5. welcomes that least-developed countries already enjoy a waiver , granted until 1january 2033 , regarding the implementation of the agreement on trade-related aspects of intellectual property rights provisions on pharmaceuticals , and is convinced that suggestions of removing ip protections for vaccines would not remedy the existing shortage of vaccines; urges therefore the commission , in cooperation with the wto , to follow through on its promise to engage in active and constructive text-based negotiations at world trade organization to work on incentivising and supporting the scaling up of production capacities for vaccines in developing countries and incentivise voluntary licensing agreements as well as to launch a dialogue about existing obstacles to voluntary licensing and how to overcome them;


### 15. takes note that some member states have already established national sui generis protection systems for gis for non-agricultural products , creating fragmentation , and that protection at union level would bring the necessary legal certainty to all players; ### 15. takes note that some member states have already established national sui generis protection systems for gis for non-agricultural products , owing to the lack of a harmonised protection system , leading to fragmentation on the market place and legal uncertainty , also generating impacts to the detriment of producers; takes the view that harmonised protection at union level would bring the necessary legal certainty to all players;


### 17. points out that some member states have already introduced a ‘spare parts exception’ or ‘repair clause’ into their legislation , allowing for component parts of complex products to be manufactured and sold without infringing on iprs; notes that this creates fragmentation in the internal market and legal uncertainty; calls on the commission , therefore , to include a ‘repair clause’ in its future proposal; ### 17. notes out that design protection for parts used for the repair of complex products is only partially harmonised; points out that some member states have already introduced a ‘spare parts exception’ or ‘repair clause’ into their legislation , allowing for component parts of complex products to be manufactured and sold without infringing on iprs; notes that this creates fragmentation in the internal market and legal uncertainty , leading to distortions of competition and hampering the transition to a more sustainable economy; calls on the commission , therefore , to include a ‘repair clause’ in its future proposal;


### 20. highlights that in 2016 , up to 6 ,8 % of eu imports , or a value of eur 121 billion , were fake goods and that ipr infringement entails a low level of risk in terms of both the likelihood of detection and the punishment if detected; urges the member states to develop effective and dissuasive sanctions to fight counterfeiting and piracy; ### 20. highlights that in 2016 , up to 6 ,8 % of eu imports , or a value of eur 121 billion , were fake goods and that their presence on the single market caused direct sales losses worth eur 50 billion and direct job losses in the order of 416 000 for the period 2013-2017 1a; points out that ipr infringement entails a low level of risk in terms of both the likelihood of detection and the punishment if detected; urges the member states to develop effective and dissuasive sanctions to fight counterfeiting and piracy;


### 21. stresses that the internet is significantly used to distribute counterfeit products and ipr-infringing services and welcomes the proposal of the commission for a digital services act; highlights the fact that proactive measures from intermediaries would contribute enormously to the fight against counterfeiting and that ai and blockchain could play an important role in detecting counterfeit and piracy and enforcing ipr in the whole supply chain; supports , therefore , the use of new technologies to combat ip infringements and welcomes publications produced by the euipo observatory; ### 21. stresses that the internet is significantly used to distribute counterfeit products and ipr-infringing services , with significant adverse effects for the eu manufacturing industry as well as for the creative , cultural and sport sectors; welcomes the proposal of the commission for a digital services act , which will contribute in particular to harmonising specific legal obligations and ensuring the application of the proportionality principle; highlights the fact that proactive measures from intermediaries would contribute enormously to the fight against counterfeiting and that ai and blockchain could play an important role in detecting counterfeit and piracy and enforcing ipr in the whole supply chain; supports , therefore , the use of new technologies to combat ip infringements and welcomes publications produced by the euipo observatory;


### b. whereas any assessment of the barriers to the single market should be based on the experiences and perceptions of businesses and consumers who engage to some degree with the single market every day; whereas single market barriers disproportionately affect smes and microenterprises , and hinder their cross-border activities; ### b. whereas any assessment of the barriers to the single market should be based on the experiences and perceptions of businesses and consumers who operate on the single market every day; whereas existing single market barriers disproportionately affect smes and microenterprises , and hinder their cross-border activities;


### c. whereas many barriers affecting the single market derive from incorrect or incomplete application of eu legislation; ### c. whereas many barriers affecting the single market derive from incorrect or incomplete application of eu legislation or from member states taking national policy measures regardless of their direct or indirect impact on the european single market;


### c. whereas many barriers affecting the single market derive from incorrect or incomplete application of eu legislation; ### c. whereas many barriers affecting the single market derive from incorrect or incomplete application of eu legislation or measures taken by member states to protect their general interests;


### 1. underlines that the food and drink industry is the eu’s biggest manufacturing sector , employing more than 4.82 million people and adding eur 266 billion in value; highlights the importance of a smoothly functioning single market in unlocking the full potential of the eu agri-food sector , stimulating greater competitiveness , growth and the creation of jobs; ### 1. underlines that the food and drink industry is the eu’s biggest manufacturing sector , employing more than 4.82 million people and adding eur 266 billion in value; highlights the importance of a smoothly functioning single market in unlocking the full potential of the eu agri-food sector , stimulating greater competitiveness , growth and the creation of jobs; points out that tariff barriers directly affect prices and generate major imbalances in farmers’ incomes;


### 1. underlines that the food and drink industry is the eu’s biggest manufacturing sector , employing more than 4.82 million people and adding eur 266 billion in value; highlights the importance of a smoothly functioning single market in unlocking the full potential of the eu agri-food sector , stimulating greater competitiveness , growth and the creation of jobs; ### 1. underlines that the food and drink industry is the eu’s biggest manufacturing sector , employing more than 4.82 million people and adding eur 266 billion in value; highlights the importance of a smoothly functioning single market , so that all eu operators can benefit from it to the full and the full potential of the eu agri-food sector can be unlocked , stimulating greater competitiveness , growth and the creation of jobs;


### 2. underlines that the single market remains the european union’s greatest achievement; urges the commission , therefore , to refocus resources at issues plaguing the single market , in particular non-tariff barriers (ntbs) , which continue to limit opportunities for consumers and businesses; ### 2. underlines that the single market remains the european union’s greatest achievement; urges the commission , therefore , to refocus resources at issues plaguing the single market , in particular non-tariff barriers (ntbs) , which continue to limit opportunities for consumers and businesses , by creating needless additional barriers to the free movement of goods and services;


### 2. underlines that the single market remains the european union’s greatest achievement; urges the commission , therefore , to refocus resources at issues plaguing the single market , in particular non-tariff barriers (ntbs) , which continue to limit opportunities for consumers and businesses; ### 2. underlines that the single market remains the european union’s greatest achievement; urges the commission , therefore , to refocus resources at issues plaguing the single market , in particular non-tariff barriers (ntbs) , which continue to create unnecessary and unfair burdens and limit opportunities for consumers and businesses , especially smes;


### 2. stresses that the proper functioning of the single market is key to safeguarding agri-food supplies across the eu and is the best tool to ensure recovery for all; notes that in some member states the covid-19 pandemic has led to certain types of local restrictions; recalls that national measures cannot undermine the fundamental principles of the single market; ### 2. encourages the eu food and drink industry to continue their efforts to increase their 70% share of purchases and processing of the eu agricultural production; stresses that the proper functioning of the single market is key to safeguarding agri-food supplies across the eu and is the best tool to ensure recovery for all; notes that in some member states the covid-19 pandemic has led to certain types of local restrictions; recalls that national measures cannot undermine the fundamental principles of the single market;


### 2. stresses that the proper functioning of the single market is key to safeguarding agri-food supplies across the eu and is the best tool to ensure recovery for all; notes that in some member states the covid-19 pandemic has led to certain types of local restrictions; recalls that national measures cannot undermine the fundamental principles of the single market; ### 2. stresses that the proper functioning of the single market is key to safeguarding agri-food supplies across the eu and is the best tool to ensure recovery for all; notes that in some member states the covid-19 pandemic has led to certain types of local restrictions; points out that the decline in hotel , restaurant and catering sector activity has had a devastating impact on the food production sector; recalls that national measures cannot undermine the fundamental principles of the single market;


### 2. stresses that the proper functioning of the single market is key to safeguarding agri-food supplies across the eu and is the best tool to ensure recovery for all; notes that in some member states the covid-19 pandemic has led to certain types of local restrictions; recalls that national measures cannot undermine the fundamental principles of the single market; ### 2. stresses that the proper functioning of the single market is key to safeguarding agri-food supplies across the eu and is the best tool to ensure recovery for all; notes that the covid-19 pandemic has led to certain types of restrictions between member states , and in some member states , to local restrictions; recalls that national measures cannot undermine the fundamental principles of the single market;


### 2. stresses that the proper functioning of the single market is key to safeguarding agri-food supplies across the eu and is the best tool to ensure recovery for all; notes that in some member states the covid-19 pandemic has led to certain types of local restrictions; recalls that national measures cannot undermine the fundamental principles of the single market; ### 2. stresses that the proper functioning of the single market is key to safeguarding agri-food supplies and security across the eu and is the best tool to ensure recovery for all; notes that in some member states the covid-19 pandemic has led to certain types of local restrictions; recalls that national measures cannot undermine the fundamental principles of the single market;


### 3. highlights the importance of enhancing the resilience of regional and local food systems , as well as of short supply chains , as set out in the farm to fork strategy; stresses , however , that the strategy should not lead to additional barriers and greater fragmentation within the single market; ### 3. highlights the importance of enhancing the resilience of regional and local food systems , as well as of short supply chains , as set out in the farm to fork strategy; stresses , however , that the strategy should not lead to additional barriers and greater fragmentation within the single market , with adverse effects on food production chain operators;


### 3. highlights the importance of enhancing the resilience of regional and local food systems , as well as of short supply chains , as set out in the farm to fork strategy; stresses , however , that the strategy should not lead to additional barriers and greater fragmentation within the single market; ### 3. highlights the importance of enhancing the resilience of regional and local food systems , as well as of short supply chains , as set out in the farm to fork strategy; stresses , however , that the strategy should not introduce disproportionate measures , contribute to the introduction of additional barriers and lead to greater fragmentation within the single market;


### 3. highlights the importance of enhancing the resilience of regional and local food systems , as well as of short supply chains , as set out in the farm to fork strategy; stresses , however , that the strategy should not lead to additional barriers and greater fragmentation within the single market; ### 3. highlights the importance of enhancing the dynamism and resilience of regional and local food systems , as well as of short supply chains , as set out in the farm to fork strategy; stresses , however , that the strategy should not lead to additional barriers and greater fragmentation within the single market;


### 4. notes the recent increase in national labelling requirements for food and drink products; underlines that these requirements must be justified and proportional , and should not create obstacles to the smooth movement of food products across the eu; ### 4. notes the recent increase in national labelling requirements for food and drink products; underlines that these requirements must be justified and proportional , in order not to penalise certain categories of product , not to create obstacles to the smooth movement of food products across the eu and to ensure that the information provided to consumers remains clear , transparent and understandable to everyone;


### 4. notes the recent increase in national labelling requirements for food and drink products; underlines that these requirements must be justified and proportional , and should not create obstacles to the smooth movement of food products across the eu; ### 4. notes the recent increase in national labelling requirements for food and drink products; points out that the different labelling in some member states misleads consumers , and calls for food labelling standards to be maintained; underlines that these requirements must be justified and proportional , and should not create obstacles to the smooth movement of food products across the eu;


### 4. notes the recent increase in national labelling requirements for food and drink products; underlines that these requirements must be justified and proportional , and should not create obstacles to the smooth movement of food products across the eu; ### 4. notes with concern the recent increase in national labelling requirements for food and drink products; underlines that these requirements must be justified and proportional , and should not create obstacles to the smooth movement of food products across the eu; stresses in this regard that a single european approach to labelling could remove barriers to the functioning of the single market;


### 4. notes the recent increase in national labelling requirements for food and drink products; underlines that these requirements must be justified and proportional , and should not create obstacles to the smooth movement of food products across the eu; ### 4. notes the recent increase in national labelling requirements for food and drink products; underlines that these requirements must be justified and proportional , and should not create obstacles to the smooth movement of food products across the eu; stresses the need to ensure that the single market system is as harmonised as possible;


### 5. acknowledges that certain ntbs can be justified and originate from multi-level governance; urges the member states , where such ntbs are absolutely essential , to ensure their proportionality and strict alignment with legitimate public policy objectives; ### 5. urges the member states , where such ntbs are absolutely essential , to ensure their proportionality and strict alignment with legitimate public policy objectives;


### 5. considers it unacceptable that quality differences exist between food products which are advertised and distributed in the single market under the same brand name and with the same packaging; welcomes the commission’s incentives to address the issue of dual food quality in the single market. ### 5. considers it unacceptable that quality differences exist between food products which are advertised and distributed in the single market under the same brand name and with the same packaging , since all european consumers enjoy the same rights , and calls on the commission and member states to step up action and cooperation to counteract such practices; welcomes the commission’s incentives to address the issue of dual food quality in the single market; stresses the importance of applying existing food and consumer protection legislation with a view to identifying and eliminating double standards.


### 5. considers it unacceptable that quality differences exist between food products which are advertised and distributed in the single market under the same brand name and with the same packaging; welcomes the commission’s incentives to address the issue of dual food quality in the single market. ### 5. considers it unacceptable that quality differences exist between food products which are advertised and distributed in the single market under the same brand name and with the same packaging; welcomes the commission’s incentives to address the issue of dual food quality in the single market; encourages the member states to implement the updated unfair commercial practice directive , which prohibits unjustified significant different composition or characteristics of food products that are identically marketed in different member states , timely and correctly into national law;


### b) burdensome and complex administrative requirements , and inaccessible information and limited lines of communication with public administration , including through points of single contact , which also limit the possibilities for new or competing services in new locations that would improve consumer choice; ### b) burdensome and complex administrative requirements , insufficient and inaccessible information and limited lines of communication with public administration , including through points of single contact , which also limit the possibilities for new or competing services in new locations that would improve consumer choice;


### 12. considers that mutual recognition of professional qualification is seriously affected by administrative barriers imposed by member states; ### 12. stresses the existence of obstacles to mutual recognition of professional qualifications and other requirements to access a regulated profession imposed by some member states;


### 13. is concerned by the insufficient access to information on mobility of services , as well as by the burdensome procedures to obtain essential documents such as the a1 form; underlines that access to information , such as on domestic collective agreements where applicable and relevant , should be improved to facilitate compliance for businesses; ### 13. is concerned by the insufficient access to information on mobility of services , as well as by the burdensome procedures to obtain essential documents such as the a1 form; underlines that access to information , such as on domestic collective agreements where applicable and relevant , should be improved to facilitate compliance for businesses and urges the commission to stick to its plan to introduce a digital form for the declaration of the posting of workers in q 1/2022 as outlines in its update of the 2020 new industrial strategy by establishing a simple , user-friendly and interoperable digital form , that suits the needs of european companies and in particular smes;


### 14. recognises that numerous barriers stem from the limited capacity of administrations to deliver high quality services in cross-border settings; believes that digitalisation of public services and fully-fledged egovernment capabilities remain essential to eradicate some of the onerous ntbs; recalls , in this regard , that the key provisions of the single digital gateway had to be in force in all eu member states by 12 december 2020; underlines the importance of the ‘once only’ principle , which will save citizens and businesses time and money , in particular if used more widely; welcomes the proposal to add a single market obstacles tool to the single digital gateway; ### 14. recognises that numerous barriers stem from the limited capacity of administrations to deliver high quality digital services in cross-border settings; believes that digitalisation of public services and fully-fledged egovernment capabilities remain essential to eradicate some of the onerous ntbs and therefore to enable the functioning of the single market; recalls , in this regard , that the key provisions of the single digital gateway had to be in force in all eu member states by 12 december 2020; underlines the importance of the ‘once only’ principle , which will save citizens and businesses time and money , in particular if used more widely; welcomes the proposal to add a single market obstacles tool to the single digital gateway;


### 20. calls on the commission to present an annual report on ntbs and establish an open and transparent database compiling specific national ntbs together with ongoing infringement procedures; ### 20. calls on the commission to present a periodic report on ntbs and establish an open and transparent database compiling specific national ntbs together with ongoing infringement procedures;


### (2) in light of the lessons learnt during the ongoing covid-19 pandemic and in order to facilitate adequate union-wide preparedness and response to all cross-border threats to health , the legal framework for epidemiological surveillance , monitoring , early warning of , and combating serious cross-border threats to health , as set out in decision no 1082/2013/eu , needs to be broadened with regard to additional reporting requirements and analysis on health systems indicators , and cooperation by member states with the european centre for disease prevention and control (ecdc). moreover , in order to ensure effective union response to novel cross- border threats to health , the legal framework to combat serious cross-border threats to health should enable to immediately adopt case definitions for the surveillance of novel threats and should provide for the establishment of a network of eu reference laboratories and a network to support monitoring of disease outbreaks that are relevant to substances of human origin. the capacity for contact tracing should be strengthened via the creation of an automated system , using modern technologies. ### (2) in light of the lessons learnt during the ongoing covid-19 pandemic and in order to facilitate adequate union-wide preparedness and response to all cross-border threats to health , the legal framework for epidemiological surveillance , monitoring , early warning of , and combating serious cross-border threats to health , as set out in decision no 1082/2013/eu , needs to be broadened with regard to additional reporting requirements and analysis on health systems indicators , and cooperation by member states with the european centre for disease prevention and control (ecdc). moreover , in order to ensure effective union response to novel cross- border threats to health , the legal framework to combat serious cross-border threats to health should enable to immediately adopt case definitions for the surveillance of novel threats and should provide for the establishment of a network of eu reference laboratories and a network to support monitoring of disease outbreaks that are relevant to substances of human origin. the capacity for contact tracing should be strengthened via the creation of an automated system , using modern technologies without prejudice to the protection of personal data.


### (5) this regulation should apply without prejudice to other binding measures concerning specific activities or quality and safety standards for certain goods , which provide for special obligations and tools for monitoring , early warning and combatting specific threats of a cross-border nature. those measures include , in particular , relevant union legislation in the area of common safety concerns in public health matters , covering goods such as pharmaceutical products , medical devices and foodstuffs , substances of human origin (blood , tissues and cells , organs) , and exposure to ionising radiation. ### (5) this regulation should apply without prejudice to other binding measures concerning specific activities or quality and safety standards for certain goods , which provide for special obligations and tools for monitoring , early warning and combatting specific threats of a cross-border nature. those measures include , in particular , relevant union legislation in the area of common safety concerns in public health matters , covering goods such as pharmaceutical products , medical devices , personal protective equipment (ppe) and foodstuffs , substances of human origin (blood , tissues and cells , organs) , and exposure to ionising radiation.


### (6) the protection of human health is a matter which has a cross-cutting dimension and is relevant to numerous union policies and activities. in order to achieve a high level of human health protection , and to avoid any overlap of activities , duplication or conflicting actions , the commission , in liaison with the member states , should ensure coordination and exchange of information between the mechanisms and structures established under this regulation , and other mechanisms and structures established at union level and under the treaty establishing the european atomic energy community (the euratom treaty) , the activities of which are relevant to the preparedness and response planning , monitoring , early warning of , and combating serious cross-border threats to health. in particular , the commission should ensure that relevant information from the various rapid alert and information systems at union level and under the euratom treaty is gathered and communicated to the member states through the early warning and response system (‘ewrs’) set up by decision no 2119/98/ec. ### (6) in line with the "one health" and "health in all policies" approaches , the protection of human health is a matter which has a cross-cutting dimension and is relevant to numerous union policies and activities. the union should urge member states to implement the health-specific country-specific recommendations and support member states to strengthen the resilience , responsiveness and readiness of healthcare systems in order to address future challenges , including pandemics. in order to achieve a high level of human health protection , and to avoid any overlap of activities , duplication or conflicting actions , the commission , in liaison with the member states , should ensure coordination and exchange of information between the mechanisms and structures established under this regulation , and other mechanisms and structures established at union level and under the treaty establishing the european atomic energy community (the euratom treaty) , the activities of which are relevant to the preparedness and response planning , monitoring , early warning of , and combating serious cross-border threats to health. in particular , the commission should ensure that relevant information from the various rapid alert and information systems at union level and under the euratom treaty is gathered and communicated to the member states through the early warning and response system (‘ewrs’) set up by decision no 2119/98/ec.


### (6) the protection of human health is a matter which has a cross-cutting dimension and is relevant to numerous union policies and activities. in order to achieve a high level of human health protection , and to avoid any overlap of activities , duplication or conflicting actions , the commission , in liaison with the member states , should ensure coordination and exchange of information between the mechanisms and structures established under this regulation , and other mechanisms and structures established at union level and under the treaty establishing the european atomic energy community (the euratom treaty) , the activities of which are relevant to the preparedness and response planning , monitoring , early warning of , and combating serious cross-border threats to health. in particular , the commission should ensure that relevant information from the various rapid alert and information systems at union level and under the euratom treaty is gathered and communicated to the member states through the early warning and response system (‘ewrs’) set up by decision no 2119/98/ec. ### (6) the protection of human health is a matter which has a cross-cutting dimension and is relevant to numerous union policies and activities. in order to achieve a high level of human health protection , and to avoid any overlap of activities , duplication or conflicting actions , the commission , in liaison with the member states and all relevant stakeholders , such as industry , supply chain actors , health professionals and patients associations , should ensure coordination and exchange of information between the mechanisms and structures established under this regulation , and other mechanisms and structures established at union level and under the treaty establishing the european atomic energy community (the euratom treaty) , the activities of which are relevant to the preparedness and response planning , monitoring , early warning of , and combating serious cross-border threats to health. in particular , the commission should ensure that relevant information from the various rapid alert and information systems at union level and under the euratom treaty is gathered and communicated to the member states through the early warning and response system (‘ewrs’) set up by decision no 2119/98/ec.


### (6) the protection of human health is a matter which has a cross-cutting dimension and is relevant to numerous union policies and activities. in order to achieve a high level of human health protection , and to avoid any overlap of activities , duplication or conflicting actions , the commission , in liaison with the member states , should ensure coordination and exchange of information between the mechanisms and structures established under this regulation , and other mechanisms and structures established at union level and under the treaty establishing the european atomic energy community (the euratom treaty) , the activities of which are relevant to the preparedness and response planning , monitoring , early warning of , and combating serious cross-border threats to health. in particular , the commission should ensure that relevant information from the various rapid alert and information systems at union level and under the euratom treaty is gathered and communicated to the member states through the early warning and response system (‘ewrs’) set up by decision no 2119/98/ec. ### (6) the protection of human health is a matter which has a cross-cutting dimension and is relevant to numerous union policies and activities. in order to achieve a high level of human health protection , and to avoid any overlap of activities , duplication or conflicting actions , the commission , in liaison with the member states , as well as in close dialogue with industry and supply chain actors , should ensure coordination and exchange of information between the mechanisms and structures established under this regulation , and other mechanisms and structures established at union level and under the treaty establishing the european atomic energy community (the euratom treaty) , the activities of which are relevant to the preparedness and response planning , monitoring , early warning of , and combating serious cross-border threats to health. in particular , the commission should ensure that relevant information from the various rapid alert and information systems at union level and under the euratom treaty is gathered and communicated to the member states through the early warning and response system (‘ewrs’) set up by decision no 2119/98/ec.


### (7) preparedness and response planning are essential elements for effective monitoring , early warning of and combatting serious cross-border threats to health. as such , a union health crisis and pandemic preparedness plan needs to be established by the commission and approved by the hsc. this should be coupled with updates to member states’ preparedness and response plans so as to ensure they are compatible within the regional level structures. to support member states in this endeavour , targeted training and knowledge exchange activities for healthcare staff and public health staff should be provided knowledge and necessary skills should be provided by the commission and union agencies. to ensure the putting into operation and the running of these plans , the commission should conduct stress tests , exercises and in-action and after-action reviews with member states. these plans should be coordinated , be functional and updated , and have sufficient resources for their operationalisation. following stress tests and reviews of the plans , corrective actions should be implemented and the commission should be kept informed of all updates. ### (7) prevention , preparedness and response planning are essential elements for effective monitoring , early warning of and combatting serious cross-border threats to health. as such , a union health crisis and pandemic preparedness plan needs to be established by the commission and approved by the hsc. this should be coupled with updates to member states’ prevention , preparedness and response plans so as to ensure they are compatible within the regional level structures. particular attention must be paid to cross-border regions. to support member states in this endeavour , the commission and union agencies should provide targeted training and facilitate the sharing of best practices for healthcare staff and public health staff to improve their knowledge and ensure necessary skills . to ensure the putting into operation and the running of these plans , the commission should conduct stress tests , exercises and in-action and after-action reviews with member states. these plans should be coordinated , be functional and updated , and have sufficient resources for their operationalisation. following stress tests and reviews of the plans , corrective actions should be implemented and the commission should be kept informed of all updates.


### (7) preparedness and response planning are essential elements for effective monitoring , early warning of and combatting serious cross-border threats to health. as such , a union health crisis and pandemic preparedness plan needs to be established by the commission and approved by the hsc. this should be coupled with updates to member states’ preparedness and response plans so as to ensure they are compatible within the regional level structures. to support member states in this endeavour , targeted training and knowledge exchange activities for healthcare staff and public health staff should be provided knowledge and necessary skills should be provided by the commission and union agencies. to ensure the putting into operation and the running of these plans , the commission should conduct stress tests , exercises and in-action and after-action reviews with member states. these plans should be coordinated , be functional and updated , and have sufficient resources for their operationalisation. following stress tests and reviews of the plans , corrective actions should be implemented and the commission should be kept informed of all updates. ### (7) preparedness and response planning are essential elements for effective monitoring , early warning of and combatting serious cross-border threats to health. as such , a union health crisis and pandemic preparedness plan needs to be established by the commission and approved by the health security committee (hsc). the abbreviation is used for the first reference and is not clear. this should be coupled with updates to member states’ preparedness and response plans so as to ensure they are compatible within the regional level structures. to support member states in this endeavour , targeted training and knowledge exchange activities for healthcare staff and public health staff should be provided knowledge and necessary skills should be provided by the commission and union agencies. to ensure the putting into operation and the running of these plans , the commission should conduct stress tests , exercises and in-action and after-action reviews with member states. these plans should be coordinated , be functional and updated , and have sufficient resources for their operationalisation. following stress tests and reviews of the plans , corrective actions should be implemented and the commission should be kept informed of all updates.


### (8) to this end , member states should provide the commission with an update on the latest situation with regard to their preparedness and response planning and implementation at national level. information provided by the member states should include the elements that member states are obliged to report to the world health organization (who) in the context of the international health regulations (ihr)15 . in turn , the commission should report to the european parliament and to the council on the state of play and progress with preparedness , response planning and implementation at union level , including on corrective actions , every 2 years to ensure that national preparedness and response plans are adequate. in order to support the assessment of these plans , eu audits in member states should be conducted , in coordination with the ecdc and union agencies. such planning should include in particular adequate preparedness of critical sectors of society , such as energy , transport , communication or civil protection , which rely , in a crisis situation , on well-prepared gender-sensitive public health systems that are also in turn dependent on the functioning of those sectors and on maintenance of essential services at an adequate level. in the event of a serious cross-border threat to health originating from a zoonotic infection , it is important to ensure the interoperability between health and veterinary sectors for preparedness and response planning. ### (8) to this end , member states should provide the commission with an update on the latest situation with regard to their preparedness and response planning and implementation at national level. information provided by the member states should include the elements that member states are obliged to report to the world health organization (who) in the context of the international health regulations (ihr)15 . in turn , the commission should report to the european parliament and to the council on the state of play and progress with preparedness , response planning and implementation at union level , including on corrective actions , every 2 years to ensure that national preparedness and response plans are adequate. in order to support the assessment of these plans , eu audits in member states should be conducted , in coordination with the ecdc and union agencies. such planning should include in particular adequate preparedness of critical sectors of society , such as energy , transport , communication or civil protection , which rely , in a crisis situation , on well-prepared public health systems that are also in turn dependent on the functioning of those sectors and on maintenance of essential services at an adequate level. in the event of a serious cross-border threat to health originating from a zoonotic infection , it is important to ensure the interoperability between health and veterinary sectors for preparedness and response planning.


### (8) to this end , member states should provide the commission with an update on the latest situation with regard to their preparedness and response planning and implementation at national level. information provided by the member states should include the elements that member states are obliged to report to the world health organization (who) in the context of the international health regulations (ihr)15. in turn , the commission should report to the european parliament and to the council on the state of play and progress with preparedness , response planning and implementation at union level , including on corrective actions , every 2 years to ensure that national preparedness and response plans are adequate. in order to support the assessment of these plans , eu audits in member states should be conducted , in coordination with the ecdc and union agencies. such planning should include in particular adequate preparedness of critical sectors of society , such as energy , transport , communication or civil protection , which rely , in a crisis situation , on well-prepared gender-sensitive public health systems that are also in turn dependent on the functioning of those sectors and on maintenance of essential services at an adequate level. in the event of a serious cross-border threat to health originating from a zoonotic infection , it is important to ensure the interoperability between health and veterinary sectors for preparedness and response planning. ### (does not affect the english version.)


### (9) as serious cross-border threats to health are not limited to union borders , joint procurement of medical countermeasures should be extended to include european free trade association states and union candidate countries , in accordance with the applicable union legislation. the joint procurement agreement , determining the practical arrangements governing the joint procurement procedure established under article 5 of decision no 1082/2013/eu , should also be adapted to include an exclusivity clause regarding negotiation and procurement for participating countries in a joint procurement procedure , to allow for better coordination within the eu. the commission should ensure coordination and information exchange between the entities organizing any action under different mechanisms established under this regulation and other relevant union structures related to procurement and stockpiling of medical countermeasures , such as the strategic resceu reserve under decision no 1313/2013/eu of the european parliament and of the council16 . ### (9) as serious cross-border threats to health are not limited to union borders , joint procurement of medical countermeasures should be extended to include european free trade association states and union candidate countries , in accordance with the applicable union legislation. the joint procurement agreement , determining the practical arrangements governing the joint procurement procedure established under article 5 of decision no 1082/2013/eu , should also be adapted to include an exclusivity clause regarding negotiation and procurement for participating countries in a joint procurement procedure , to allow for better coordination within the eu. the commission should ensure coordination and information exchange between the entities organizing and participating in any action under different mechanisms established under this regulation and other relevant union structures related to procurement and stockpiling of medical countermeasures , such as the strategic resceu reserve under decision no 1313/2013/eu of the european parliament and of the council16.