### (43) addressing cybersecurity risks stemming from an entity’s supply chain and its relationship with its suppliers is particularly important given the prevalence of incidents where entities have fallen victim to cyber-attacks and where malicious actors were able to compromise the security of an entity’s network and information systems by exploiting vulnerabilities affecting third party products and services. entities should therefore assess and take into account the overall quality of products and cybersecurity practices of their suppliers and service providers , including their secure development procedures. ### (43) addressing cybersecurity risks stemming from an entity’s supply chain and its relationship with its suppliers is particularly important given the prevalence of incidents where entities have fallen victim to cyber-attacks and where malicious actors were able to compromise the security of an entity’s network and information systems by exploiting vulnerabilities affecting third party products and services. entities should therefore assess and take into account the overall quality of products and cybersecurity practices of their suppliers and service providers , including their risk-management systems and their secure development procedures.


### cooperating and exchanging information with regional and union-level security operations centres (socs) in order to improve common situational awareness on incidents and threats across the union; ### cooperating and exchanging information with regional and union-level security operations centres (socs) and , where appropriate , with military certs in order to improve common situational awareness on incidents and threats across the union;


### 2. eu-cyclone shall be composed of the representatives of member states’ crisis management authorities designated in accordance with article 7 , the commission and enisa. enisa shall provide the secretariat of the network and support the secure exchange of information. ### 2. eu-cyclone shall be composed of the representatives of member states’ crisis management authorities designated in accordance with article 7 , the commission and enisa. enisa shall provide the secretariat of the network and support the secure exchange of information. for large-scale cybersecurity incidents and crises at union level involving more than one member state , a union level crisis management structure involving all relevant actors , including the joint cyber unit , shall be established.


### a cybersecurity index providing for an aggregated assessment of the maturity level of cybersecurity capabilities. ### a cybersecurity index providing for an aggregated assessment of the maturity level of union's cybersecurity capabilities.


### 5. once reviewed in a member state , the same aspects shall not be subject to further peer review within that member state during the two years following the conclusion of a peer review , unless otherwise decided by the commission , upon consultation with enisa and the cooperation group. ### 5. once reviewed in a member state , the same aspects shall not be subject to further peer review within that member state during the two years following the conclusion of a peer review , unless otherwise decided by the cooperation group upon consultation with the commission and enisa.


### incident handling (prevention , detection , and response to incidents); ### incident handling (prevention , detection , containment , response to , and mitigation of incidents);


### where applicable , those entities shall notify , without undue delay , the recipients of their services that are potentially affected by a significant cyber threat of any measures or remedies that those recipients can take in response to that threat. where appropriate , the entities shall also notify those recipients of the threat itself. the notification shall not make the notifying entity subject to increased liability. ### deleted


### 8. at the request of the competent authority or the csirt , the single point of contact shall forward notifications received pursuant to paragraphs 1 and 2 to the single points of contact of other affected member states. ### 8. at the request of the competent authority or the csirt , the single point of contact shall forward notifications received pursuant to paragraph 1 to the single points of contact of other affected member states.


### 9. the single point of contact shall submit to enisa on a monthly basis a summary report including anonymised and aggregated data on incidents , significant cyber threats and near misses notified in accordance with paragraphs 1 and 2 and in accordance with article 27. in order to contribute to the provision of comparable information , enisa may issue technical guidance on the parameters of the information included in the summary report. ### 9. the single point of contact shall submit to enisa on a monthly basis a summary report including anonymised and aggregated data on incidents , significant cyber threats and near misses notified in accordance with paragraph 1 in accordance with article 27. in order to contribute to the provision of comparable information , enisa may issue technical guidance on the parameters of the information included in the summary report.


### 10. competent authorities shall provide to the competent authorities designated pursuant to directive (eu) xxxx/xxxx [resilience of critical entities directive] information on incidents and cyber threats notified in accordance with paragraphs 1 and 2 by essential entities identified as critical entities , or as entities equivalent to critical entities , pursuant to directive (eu) xxxx/xxxx [resilience of critical entities directive]. ### 10. competent authorities shall provide to the competent authorities designated pursuant to directive (eu) xxxx/xxxx [resilience of critical entities directive] information on incidents and cyber threats notified in accordance with paragraph 1 by essential entities identified as critical entities , or as entities equivalent to critical entities , pursuant to directive (eu) xxxx/xxxx [resilience of critical entities directive].


### 1. without prejudice to regulation (eu) 2016/679 , member states shall ensure that essential and important entities may exchange relevant cybersecurity information among themselves including information relating to cyber threats , vulnerabilities , indicators of compromise , tactics , techniques and procedures , cybersecurity alerts and configuration tools , where such information sharing: ### 1. member states shall ensure that essential and important entities may exchange relevant cybersecurity information among themselves including information relating to cyber threats , vulnerabilities , indicators of compromise , industrial espionage tactics , techniques and procedures , cybersecurity alerts , metadata and configuration tools , where such information sharing:


### enhances the level of cybersecurity , in particular through raising awareness in relation to cyber threats , limiting or impeding such threats ‘ability to spread , supporting a range of defensive capabilities , vulnerability remediation and disclosure , threat detection techniques , mitigation strategies , or response and recovery stages. ### enhances the level of cybersecurity , in particular through raising awareness in relation to cyber threats , limiting or impeding such threats ‘ability to spread , supporting a range of defensive capabilities , vulnerability remediation and disclosure , threat detection , containment and prevention techniques , mitigation strategies , or response and recovery stages , facilitating collaboration in cyber threat research among public entities , private entities and research bodies.


### 1. member states shall ensure that the measures of supervision or enforcement imposed on essential entities in respect of the obligations set out in this directive are effective , proportionate and dissuasive , taking into account the circumstances of each individual case. ### 1. member states shall ensure that the measures of supervision or enforcement imposed on essential entities in respect of the obligations set out in this directive are effective , proportionate and dissuasive , taking into account the circumstances of each individual case of each individual case as well as the need to promote the exchange of information between competent authorities and essential entities.


### on-site inspections and off-site supervision , including random checks; ### on-site inspections and off-site supervision , including random checks , carried out by certified professionals;


### regular audits; ### annual audits;


### order those entities to make public aspects of non-compliance with the obligations laid down in this directive in a specified manner; ### order , where necessary for risk management purposes , those entities to make public aspects of non-compliance with the obligations laid down in this directive in a specified manner;


### make a public statement which identifies the legal and natural person(s) responsible for the infringement of an obligation laid down in this directive and the nature of that infringement; ### make a public statement , where necessary for risk management purposes , which identifies the legal and natural person(s) responsible for the infringement of an obligation laid down in this directive and the nature of that infringement;


### impose or request the imposition by the relevant bodies or courts according to national laws of an administrative fine pursuant to article 31 in addition to , or instead of , the measures referred to in points (a) to (i) of this paragraph , depending on the circumstances of each individual case. ### impose or request the imposition by the relevant bodies or courts according to national laws of an administrative fine pursuant to article 31 in addition to the measures referred to in points (a) to (i) of this paragraph , depending on the circumstances of each individual case.


### 5. where enforcement actions adopted pursuant to points (a) to (d) and (f) of paragraph (4) prove ineffective , member states shall ensure that competent authorities have the power to establish a deadline within which the essential entity is requested to take the necessary action to remedy the deficiencies or comply with the requirements of those authorities. if the requested action is not taken within the deadline set , member states shall ensure that the competent authorities have the power to: ### 5. where enforcement actions adopted pursuant to points (a) to (d) and (f) of paragraph (4) prove ineffective , member states shall ensure that competent authorities have the power to establish a deadline within which the essential entity or manufacturers and providers of ict products are requested to take the necessary action to remedy the deficiencies or comply with the requirements of those authorities. if the requested action is not taken within the deadline set , member states shall ensure that the competent authorities have the power to:


### suspend or request a certification or authorisation body to suspend a certification or authorisation concerning part or all the services or activities provided by an essential entity; ### suspend or request a certification or authorisation body to suspend a certification or authorisation concerning part or all the services or activities provided by an essential entity or the related manufacturers and providers of ict products;


### these sanctions shall be applied only until the entity takes the necessary action to remedy the deficiencies or comply with the requirements of the competent authority for which such sanctions were applied. ### these sanctions shall be applied only until the entity , or the related manufacturers and providers of ict products , takes the necessary action to remedy the deficiencies or comply with the requirements of the competent authority for which such sanctions were applied.


### the actual damage caused or losses incurred or potential damage or losses that could have been triggered , insofar as they can be determined. where evaluating this aspect , account shall be taken , amongst others , of actual or potential financial or economic losses , effects on other services , number of users affected or potentially affected; ### the actual damage caused or losses incurred. where evaluating this aspect , account shall be taken , amongst others , of actual or potential financial or economic losses , effects on other services , number of users affected or potentially affected;


### order those entities to make public aspects of non-compliance with their obligations laid down in this directive in a specified manner; ### order , where necessary for risk management purposes , those entities to make public aspects of non-compliance with their obligations laid down in this directive in a specified manner;


### 1. member states shall ensure that the imposition of administrative fines on essential and important entities pursuant to this article in respect of infringements of the obligations laid down in this directive are , in each individual case , effective , proportionate and dissuasive. ### 1. member states shall ensure that the imposition of administrative fines on essential and important entities pursuant to this article in respect of infringements of the obligations laid down in this directive are , in each individual case , effective , proportionate and dissuasive and only imposed if the infringement was intentional , negligent or the entity had had prior notice of the possibility of committing an infringement.


### 1. member states shall adopt and publish , by … [18 months after the date of entry into force of this directive] , the laws , regulations and administrative provisions necessary to comply with this directive. they shall immediately inform the commission thereof. they shall apply those measures from … [one day after the date referred to in the first subparagraph]. ### 1. member states shall adopt and publish , by … [24 months after the date of entry into force of this directive] , the laws , regulations and administrative provisions necessary to comply with this directive. they shall immediately inform the commission thereof. they shall apply those measures from … [one day after the date referred to in the first subparagraph].


### (24) member states should be adequately equipped , in terms of both technical and organisational capabilities , to prevent , detect , respond to and mitigate network and information system incidents and risks. member states should therefore ensure that they have well-functioning csirts , also known as computer emergency response teams (‘certs’) , complying with essential requirements in order to guarantee effective and compatible capabilities to deal with incidents and risks and to ensure efficient cooperation at union level. in view of enhancing the trust relationship between the entities and the csirts , in cases where a csirt is part of the competent authority , member states should consider functional separation between the operational tasks provided by csirts , notably in relation to information sharing and support to the entities , and the supervisory activities of competent authorities. ### (24) member states should be adequately equipped , in terms of both technical and organisational capabilities , to prevent , detect , respond to and mitigate network and information system incidents and risks. member states should ensure that csirts have at their disposal an appropriate , secure , and resilient communication and information infrastructure to exchange information between csirts and with essential and important entities and other relevant parties. member states should therefore ensure that they have well-functioning csirts , also known as computer emergency response teams (‘certs’) , complying with essential requirements in order to guarantee effective and compatible capabilities to deal with incidents and risks and to ensure efficient cooperation at union level. in view of enhancing the trust relationship between the entities and the csirts , in cases where a csirt is part of the competent authority , member states should consider functional separation between the operational tasks provided by csirts , notably in relation to information sharing and support to the entities , and the supervisory activities of competent authorities.


### (48) in order to streamline the legal obligations imposed on providers of public electronic communications networks or publicly available electronic communications services , and trust service providers related to the security of their network and information systems , as well as to enable those entities and their respective competent authorities to benefit from the legal framework established by this directive (including designation of csirt responsible for risk and incident handling , participation of competent authorities and bodies in the work of the cooperation group and the csirt network) , they should be included in the scope of application of this directive. the corresponding provisions laid down in regulation (eu) no 910/2014 of the european parliament and of the council22 and directive (eu) 2018/1972 of the european parliament and of the council23 related to the imposition of security and notification requirement on these types of entities should therefore be repealed. the rules on reporting obligations should be without prejudice to regulation (eu) 2016/679 and directive 2002/58/ec of the european parliament and of the council24 . ### (48) in order to streamline the legal obligations imposed on providers of public electronic communications networks or publicly available electronic communications services , and trust service providers related to the security of their network and information systems , as well as to enable those entities and their respective competent authorities to benefit from the legal framework established by this directive (including designation of csirt responsible for risk and incident handling , participation of competent authorities and bodies in the work of the cooperation group and the csirt network) , they should be included in the scope of application of this directive. the corresponding provisions laid down in regulation (eu) no 910/2014 of the european parliament and of the council22 and directive (eu) 2018/1972 of the european parliament and of the council23 related to the imposition of security and notification requirement on these types of entities should be complemented. the rules on reporting obligations should be without prejudice to regulation (eu) 2016/679 and directive 2002/58/ec of the european parliament and of the council24 .


### (71) in order to make enforcement effective , a minimum list of administrative sanctions for breach of the cybersecurity risk management and reporting obligations provided by this directive should be laid down , setting up a clear and consistent framework for such sanctions across the union. due regard should be given to the nature , gravity and duration of the infringement , the actual damage caused or losses incurred or potential damage or losses that could have been triggered , the intentional or negligent character of the infringement , actions taken to prevent or mitigate the damage and/or losses suffered , the degree of responsibility or any relevant previous infringements , the degree of cooperation with the competent authority and any other aggravating or mitigating factor. the imposition of penalties including administrative fines should be subject to appropriate procedural safeguards in accordance with the general principles of union law and the charter of fundamental rights of the european union , including effective judicial protection and due process. ### (71) in order to make enforcement effective , a minimum list of administrative sanctions for breach of the cybersecurity risk management and reporting obligations provided by this directive should be laid down , setting up a clear and consistent framework for such sanctions across the union. due regard should be given to the nature , gravity and duration of the infringement , the actual damage caused or losses incurred , the intentional or negligent character of the infringement , actions taken to prevent or mitigate the damage and/or losses suffered , the degree of responsibility or any relevant previous infringements , the degree of cooperation with the competent authority and any other aggravating or mitigating factor. the imposition of penalties including administrative fines should respect the proportionality of the fines in order to avoid hampering businesses from innovating and be subject to appropriate procedural safeguards in accordance with the general principles of union law and the charter of fundamental rights of the european union , including effective judicial protection and due process.


### (72) in order to ensure effective enforcement of the obligations laid down in this directive , each competent authority should have the power to impose or request the imposition of administrative fines. ### (72) in order to ensure effective enforcement of the obligations laid down in this directive , each competent authority should have the power to impose or request the imposition of administrative fines if the infringement was intentional , negligent or the entity had had prior notice of the possibility of committing an infringement.


### (5) ‘incident’ means any event compromising the availability , authenticity , integrity or confidentiality of stored , transmitted or processed data or of the related services offered by , or accessible via , network and information systems; ### (5) ‘incident’ means any unwanted or unexpected event compromising the availability , authenticity , integrity or confidentiality of stored , transmitted or processed data or of the related services offered by , or accessible via , network and information systems;


### 1. each member state shall adopt a national cybersecurity strategy defining the strategic objectives and appropriate policy and regulatory measures , with a view to achieving and maintaining a high level of cybersecurity. the national cybersecurity strategy shall include , in particular , the following: ### 1. each member state shall adopt a national cybersecurity strategy defining the strategic objectives and appropriate policy and regulatory measures , with a view to achieving and maintaining a high level of cybersecurity , and strengthening the union’s strategic autonomy. the national cybersecurity strategy shall include , in particular , the following:


### where appropriate , the cooperation group may invite representatives of relevant stakeholders to participate in its work. ### where appropriate , the cooperation group may invite representatives of relevant industry stakeholders covered by this directive to participate in its work.


### (2) batteries are thus an important source of energy and one of the key enablers for sustainable development , green mobility , clean energy and climate neutrality. it is expected that the demand for batteries will grow rapidly in the coming years , notably for electric road transport vehicles using batteries for traction , making this market an increasingly strategic one at the global level. significant scientific and technical progress in the field of battery technology will continue. in view of the strategic importance of batteries , and to provide legal certainty to all operators involved and to avoid discrimination , barriers to trade and distortions on the market for batteries , it is necessary to set out rules on sustainability parameters , performance , safety , collection , recycling and second life of batteries as well as on information about batteries. it is necessary to create a harmonised regulatory framework for dealing with the entire life cycle of batteries that are placed on the market in the union. ### (2) batteries are thus an important source of energy and one of the key enablers for sustainable development , green mobility , clean energy and climate neutrality. it is expected that the demand for batteries will grow rapidly in the coming years , notably for electric road transport vehicles using batteries for traction , making this market an increasingly strategic one at the global level. significant scientific and technical progress in the field of battery technology will continue. a holistic and science-based approach is key to achieving the 2030 ghg emission reduction target and the 2050 climate neutrality objective in a responsible manner. all measures should be drafted based on comprehensive impact assessments taking into account economic and social costs as well as environmental impact assessing life cycle emissions. such measures should support technological neutrality , impact awareness and contribute to the legal clarity of the future oriented legislation. in view of the strategic importance of batteries , and to provide legal certainty to all operators involved and to avoid discrimination , barriers to trade and distortions on the market for batteries , it is necessary to set out rules on sustainability parameters , performance , safety , collection , recycling and second life of batteries as well as on information about batteries , including their repairability parameters. it is necessary to create a harmonised regulatory framework for dealing with the entire life cycle of batteries that are placed on the market in the union. as the production of batteries has a significant impact on the life cycle emissions of vehicles and the life cycle emissions of batteries will be calculated according to this regulation , the commission should be encouraged to provide a methodology for a precise calculation of life cycle emissions , in particular in the case of hybrid and electric vehicles for road transport. the result of a non-biased comparable analysis should provide clarity for decision making which is important as regards reaching climate neutrality.


### restrictions on hazardous substances ### deleted


### – end of life stage ### – end-of-life stage , including transport from collection point to recycling centre


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


### 1. remaining capacity; ### 1. energy storage capability under specified reference conditions;


### 2. overall capacity fade; ### deleted


### 3. remaining power capability and power fade; ### deleted


### 4. remaining round trip efficiency; ### deleted


### 5. actual cooling demand; ### deleted


### 6. evolution of self-discharging rates; ### deleted


### 7. ohmic resistance and/or electrochemical impedance. ### deleted


### biodiversity; ### biodiversity , including deep-sea tailing placement;


### 1. no later than 1 january 2025 , recycling processes shall achieve the following minimum recycling efficiencies: ### 1. no later than 1 january 2030 , recycling processes shall achieve the following minimum recycling efficiencies:


### 1. no later than 1 january 2025 , recycling processes shall achieve the following minimum recycling efficiencies: ### 1. no later than 1 january 2026 , recycling processes shall achieve the following minimum recycling efficiencies:


### recycling of 75 % by average weight of lead-acid batteries; ### recycling of 75 % by average weight of nickel-cadmium batteries;


### 1. no later than 1 january 2026 , all recycling processes shall achieve the following levels of materials recovery: ### 1. no later than 1 january 2026 , all recycling processes that finally extract the raw material concerned shall achieve the following levels of materials recovery:


### 1. no later than 1 january 2026 , all recycling processes shall achieve the following levels of materials recovery: ### 1. no later than 1 january 2035 , all recycling processes shall achieve the following levels of materials recovery:


### 1. no later than 1 january 2026 , all recycling processes shall achieve the following levels of materials recovery: ### 1. no later than 1 january 2027 , all recycling processes shall achieve the following levels of materials recovery:


### 2. no later than 1 january 2030 , all recycling processes shall achieve the following levels of materials recovery: ### 2. no later than 1 january 2030 , all recycling processes that finally extract the raw material concerned shall achieve the following levels of materials recovery:


### general description of the model , sufficient for it to be unequivocally and easily identified , including the date of placing in the market; ### general description of the model , sufficient for it to be unequivocally and easily identified without intruding on ip and property rights , including the date of placing in the market;


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


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


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


### (12) within the regulation’s wide scope , it is appropriate to distinguish between different categories of batteries in accordance with their design and use , independent of the battery chemistry. the classification into portable batteries , on one hand , and industrial batteries and automotive batteries on the other hand under directive 2006/66/ec should be further developed to better reflect new developments in the use of batteries. batteries that are used for traction in electric vehicles and which under directive 2006/66/ec fall in the category of industrial batteries , constitute a large and growing part of the market due to the quick growth of electric road transport vehicles. it is therefore appropriate to classify those batteries that are used for traction in road vehicles as a new category of electric vehicle batteries. batteries used for traction in other transport vehicles including rail , waterborne and aviation transport , continue to fall under the category of industrial batteries under this regulation. the industrial battery type encompasses a broad group of batteries , intended to be used for industrial activities , communication infrastructure , agricultural activities or generation and distribution of electric energy. in addition to this non exhaustive list of examples , any battery that is neither a portable battery nor an automotive battery nor an electric vehicle battery should be considered an industrial battery. batteries used for energy storage in private or domestic environments. are considered industrial batteries for the purposes of this regulation. furthermore , in order to ensure that all batteries used in light means of transport , such as ebikes and scooters , are classified as portable batteries , it is necessary to clarify the definition of portable batteries and to introduce a weight limit for such batteries. ### (12) within the regulation’s wide scope , it is appropriate to distinguish between different categories of batteries in accordance with their design and use , independent of the battery chemistry. the classification into portable batteries , on one hand , and industrial batteries and automotive batteries on the other hand under directive 2006/66/ec should be further developed to better reflect new developments in the use of batteries. batteries that are used for traction in electric vehicles and which under directive 2006/66/ec fall in the category of industrial batteries , constitute a large and growing part of the market due to the quick growth of electric road transport vehicles. it is therefore appropriate to classify those batteries that are used for traction in road vehicles as a new category of electric vehicle batteries. batteries used for light means of transport , including electric bicycles and electric scooters , are growing rapidly in use. as these batteries are not clearly classified under directive 2006/66/ec it is appropriate to establish a new category for these batteries called light means of transport batteries. batteries used for traction in other transport vehicles including rail , waterborne and aviation transport , continue to fall under the category of industrial batteries under this regulation. the industrial battery type encompasses a broad group of batteries , intended to be used for industrial activities , communication infrastructure , agricultural activities or generation and distribution of electric energy. in addition to this non exhaustive list of examples , any battery that is neither a portable battery nor an automotive battery nor an electric vehicle battery , nor a light means of transport battery , should be considered an industrial battery. batteries used for energy storage in private or domestic environments. are considered industrial batteries for the purposes of this regulation.


### (18) the expected massive deployment of batteries in sectors like mobility and energy storage should reduce carbons emissions , but to maximise this potential it is necessary that their overall life cycle has a low carbon footprint. according to the product environmental footprint category rules for high specific energy rechargeable batteries for mobile applications31 , climate change is the second highest related impact category for batteries after the use of minerals and metals. the technical documentation for rechargeable industrial batteries and electric vehicle batteries with internal storage and a capacity above 2 kwh placed on the union market should therefore be accompanied by a carbon footprint declaration , , which should be specific , if necessary , per manufacturing batch. batteries are manufactured in batches , made in specific amounts within certain timeframes harmonising the technical rules for calculating the carbon footprint for all rechargeable industrial batteries and electric vehicle batteries with internal storage with a capacity above 2 kwh placed on the union market is a prerequisite for introducing a requirement for the technical documentation of the batteries to include a carbon footprint declaration and subsequently establishing carbon footprint performance classes that will allow identifying the batteries with overall lower carbon footprints. information and clear labelling requirements on batteries’ carbon footprint is not expected in itself to lead to the behavioural change necessary to ensure that the union’s objective to decarbonise the mobility and energy storage sectors is achieved , in line with the internationally agreed objectives on climate change32 . therefore , maximum carbon thresholds will be introduced , further to a dedicated impact assessment to determine those values. in proposing the level of the maximum carbon footprint threshold , the commission will , inter alia , take into account the relative distribution of the carbon footprint values in batteries on the market , the extent of progress in the reduction of carbon footprint of batteries placed on the union market and the effective and potential contribution of this measure to the union’s objectives on sustainable mobility and climate neutrality by 2050. in order to bring about transparency on the batteries’ carbon footprint , and shift the union market towards lower carbon batteries , regardless of where they are produced , a gradual and cumulative increase in the carbon footprint requirements is justified. as a result of these requirements , the avoided carbon emissions in batteries’ life cycle , will contribute to the union’s objective of reaching climate neutrality by 2050. this may also enable other policies at union and national level , such as incentives or green public procurement criteria , fostering the production of batteries with lower environmental impacts. ### (18) the expected massive deployment of batteries in sectors like mobility and energy storage should reduce carbons emissions , but to maximise this potential it is necessary that their overall life cycle has a low carbon footprint. according to the product environmental footprint category rules for high specific energy rechargeable batteries for mobile applications31 , climate change is the second highest related impact category for batteries after the use of minerals and metals. the technical documentation for rechargeable industrial batteries , light means of transport batteries , and electric vehicle batteries with internal storage and a capacity above 2 kwh placed on the union market should therefore be accompanied by a carbon footprint declaration , which should be specific , if necessary , per manufacturing batch. batteries are manufactured in batches , made in specific amounts within certain timeframes. harmonising the technical rules for calculating the carbon footprint for all rechargeable industrial batteries , light means of transport batteries and electric vehicle batteries with internal storage with a capacity above 2 kwh placed on the union market is a prerequisite for introducing a requirement for the technical documentation of the batteries to include a carbon footprint declaration and subsequently establishing carbon footprint performance classes that will allow identifying the batteries with overall lower carbon footprints. information and clear labelling requirements on batteries’ carbon footprint is not expected in itself to lead to the behavioural change necessary to ensure that the union’s objective to decarbonise the mobility and energy storage sectors is achieved , in line with the internationally agreed objectives on climate change32 . therefore , maximum carbon thresholds will be introduced , further to a dedicated impact assessment to determine those values. in proposing the level of the maximum carbon footprint threshold , the commission will , inter alia , take into account the relative distribution of the carbon footprint values in batteries on the market , the extent of progress in the reduction of carbon footprint of batteries placed on the union market and the effective and potential contribution of this measure to the union’s objectives on sustainable mobility and climate neutrality by 2050. in order to bring about transparency on the batteries’ carbon footprint , and shift the union market towards lower carbon batteries , regardless of where they are produced , a gradual and cumulative increase in the carbon footprint requirements is justified. as a result of these requirements , the avoided carbon emissions in batteries’ life cycle , will contribute to the union’s objective of reaching climate neutrality by 2050. this may also enable other policies at union and national level , such as incentives or green public procurement criteria , fostering the production of batteries with lower environmental impacts.


### (19) certain substances contained in batteries , such as cobalt , lead , lithium or nickel , are acquired from scarce resources which are not easily available in the union , and some are considered critical raw materials by the commission. this is an area where europe needs to enhance its strategic autonomy and increase its resilience in preparation for potential disruptions in supply due to health or other crises. enhancing circularity and resource efficiency with increased recycling and recovery of those raw materials , will contribute to reaching that goal. ### (19) certain substances contained in batteries , such as cobalt , lead , lithium or nickel , are acquired from scarce resources which are not easily available in the union , and some are considered critical raw materials by the commission. in line with the union's industrial strategy , this is an area where europe needs to enhance its strategic autonomy and increase its resilience in preparation for potential disruptions in supply due to health or other crises. enabling the responsible extraction and processing of these substances , as well as enhancing circularity and resource efficiency with increased recycling and recovery of those raw materials , will contribute to reaching that goal.


### (20) the increased use of recovered materials would support the development of the circular economy and allow a more resource-efficient use of materials , while reducing union dependency on materials from third countries. for batteries , this is particularly relevant for cobalt , lead , lithium and nickel. therefore , it is necessary to promote the recovery of such materials from waste , establishing a requirement on the level of recycled content in batteries using cobalt , lead , lithium and nickel in active materials. this regulation sets mandatory recycled content targets for cobalt , lead , lithium and nickel and which should be met by 2030. for cobalt , lithium and nickel increased targets are established by 2035. all targets , should take into account the availability of waste , from which such materials can be recovered , the technical feasibility of the involved recovery and manufacture processes as well as the time needed by the economic operators to adapt their supply and manufacturing processes. therefore , before such mandatory targets become applicable , the requirement related to recycled content should be limited to disclosure of information on recycled content. ### (20) the increased use of recovered materials would support the development of the circular economy and allow a more resource-efficient use of materials , while reducing union dependency on materials from third countries. for batteries , this is particularly relevant for cobalt , lead , lithium and nickel. therefore , it is necessary to promote the recovery of such materials from waste , establishing a requirement on the level of recycled content in batteries using cobalt , lead , lithium and nickel in active materials. any mandatory targets should take into account the availability of waste , from which such materials can be recovered , the technical feasibility of the involved recovery and manufacture processes as well as the time needed by the economic operators to adapt their supply and manufacturing processes. therefore , the commission shall evaluate the suitability of setting mandatory recovery targets in legislation by 2027.


### (21) in order to take into account the risk of supply of cobalt , lead , lithium and nickel and to assess their availability , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of amending the targets for the minimum share of recycled cobalt , lead , lithium or nickel present in active materials in batteries. ### (21) in order to take into account the risk of supply of cobalt , lead , lithium and nickel and to assess their availability , and in view of technical and scientific progress , the commission should assess whether it is appropriate to revise the targets for the minimum share of recycled cobalt , lead , lithium or nickel present in active materials in batteries and , where appropriate , submit a legislative proposal for that purpose.


### (22) in order to ensure uniform conditions for the implementation of the rules on calculating and verifying , per battery model and batch per manufacturing plant , the amount of cobalt , lead , lithium or nickel recovered from waste present in active materials in batteries and the information requirements for technical documentation , implementing powers should be conferred on the commission. ### (22) in order to ensure uniform conditions for the implementation of the rules on calculating and verifying , per battery model per manufacturing plant , the amount of cobalt , lead , lithium or nickel recovered from waste present in active materials in batteries and the information requirements for technical documentation , implementing powers should be conferred on the commission.


### (23) batteries placed on the union market should be durable and highly performant. it is therefore necessary to set out performance and durability parameters for portable batteries of general use as well as for rechargeable industrial batteries and electric vehicle batteries. for electric vehicle batteries , the informal unece working group on electric vehicles and the environment is developing in-vehicle durability requirements , so this regulation is refraining from setting additional durability requirements. on the other hand , in the area of batteries for energy storage , existing measurement methods to test battery performance and durability are not considered sufficiently precise and representative to enable introducing minimum requirements. the introduction of minimum requirements related to performance and durability of these batteries should be accompanied by available adequate harmonised standards or common specifications. ### deleted


### (23) batteries placed on the union market should be durable and highly performant. it is therefore necessary to set out performance and durability parameters for portable batteries of general use as well as for rechargeable industrial batteries and electric vehicle batteries. for electric vehicle batteries , the informal unece working group on electric vehicles and the environment is developing in-vehicle durability requirements , so this regulation is refraining from setting additional durability requirements. on the other hand , in the area of batteries for energy storage , existing measurement methods to test battery performance and durability are not considered sufficiently precise and representative to enable introducing minimum requirements. the introduction of minimum requirements related to performance and durability of these batteries should be accompanied by available adequate harmonised standards or common specifications. ### (23) batteries placed on the union market should be rechargeable , reusable , durable , highly performant and at the end-of-life reusable as materials. it is therefore necessary to set out performance and durability parameters for portable batteries of general use as well as for rechargeable industrial batteries and electric vehicle batteries. for electric vehicle batteries , the informal unece working group on electric vehicles and the environment is developing in-vehicle durability requirements , so this regulation is refraining from setting additional durability requirements. on the other hand , in the area of batteries for energy storage , existing measurement methods to test battery performance and durability are not considered sufficiently precise and representative to enable introducing minimum requirements. the introduction of minimum requirements related to performance and durability of these batteries should be accompanied by available adequate harmonised standards or common specifications.


### (25) some non-rechargeable batteries of general use may imply an inefficient use of resources and energy. objective requirements regarding the performance and durability of such batteries should be established in order to ensure that fewer low performing non-rechargeable portable batteries of general use are placed on the market , in particular , where , based on a life cycle assessment , the alternative use of rechargeable batteries would result in overall environmental benefits. ### deleted


### (25) some non-rechargeable batteries of general use may imply an inefficient use of resources and energy. objective requirements regarding the performance and durability of such batteries should be established in order to ensure that fewer low performing non-rechargeable portable batteries of general use are placed on the market , in particular , where , based on a life cycle assessment , the alternative use of rechargeable batteries would result in overall environmental benefits. ### (25) some non-rechargeable batteries of general use may imply an inefficient use of resources and energy and their use should be phased out. objective requirements regarding the performance and durability of such batteries should be established in order to ensure that no low performing non-rechargeable portable batteries of general use are placed on the market , in particular , where , based on a life cycle assessment , the alternative use of rechargeable batteries would result in overall environmental benefits.


### (26) in order to ensure that portable batteries incorporated into appliances are subject to proper separate collection , treatment and high quality recycling once they have become waste , provisions to ensure their removability and replaceability in such appliances are necessary. used batteries should also be replaceable so as to prolong the expected lifetime of the appliances they are part of. the general provisions of this regulation may be complemented with requirements set up for particular products powered by batteries under implementing measures under directive 2009/125/ec of the european parliament and of the council33 . where other union legislation lays down more specific requirements , for safety reasons , regarding the removal of batteries from products (e.g. toys) , those specific rules should apply. ### (26) in order to ensure that portable batteries incorporated into appliances are subject to proper separate collection , treatment and high quality recycling and downcycling once they have become waste , provisions to ensure their removability and replaceability in such appliances are necessary. used batteries should also be replaceable so as to prolong the expected lifetime of the appliances they are part of. the general provisions of this regulation may be complemented with requirements set up for particular products powered by batteries under implementing measures under directive 2009/125/ec of the european parliament and of the council33 . where other union legislation lays down more specific requirements , for safety reasons , regarding the removal of batteries from products (e.g. toys) , those specific rules should apply.


### 3. electric vehicle batteries and rechargeable industrial batteries with internal storage and a capacity above 2 kwh shall , for each battery model and batch per manufacturing plant , be accompanied by technical documentation demonstrating that the declared life cycle carbon footprint value , is below the maximum threshold established in the delegated act adopted by the commission pursuant to the third subparagraph. ### 3. electric vehicle batteries , light means of transport batteries and rechargeable industrial batteries with internal storage and a capacity above 2 kwh shall , for each battery model and batch per manufacturing plant , be accompanied by technical documentation demonstrating that the declared life cycle carbon footprint value , is below the maximum threshold established in the delegated act adopted by the commission pursuant to the third subparagraph.


### 3. electric vehicle batteries and rechargeable industrial batteries with internal storage and a capacity above 2 kwh shall , for each battery model and batch per manufacturing plant , be accompanied by technical documentation demonstrating that the declared life cycle carbon footprint value , is below the maximum threshold established in the delegated act adopted by the commission pursuant to the third subparagraph. ### 3. electric vehicle batteries and stationary battery energy storage systems shall , for each battery model per manufacturing plant , be accompanied by technical documentation demonstrating that the declared life cycle carbon footprint value , is below the maximum threshold established in the delegated act adopted by the commission pursuant to the third subparagraph.


### 3. electric vehicle batteries and rechargeable industrial batteries with internal storage and a capacity above 2 kwh shall , for each battery model and batch per manufacturing plant , be accompanied by technical documentation demonstrating that the declared life cycle carbon footprint value , is below the maximum threshold established in the delegated act adopted by the commission pursuant to the third subparagraph. ### 3. electric vehicle batteries and rechargeable industrial batteries with internal storage and a capacity above 2 kwh shall , for each battery model and batch per manufacturing plant , be accompanied by technical documentation demonstrating that the declared life cycle carbon footprint value , is below the maximum carbon footprint threshold established in the delegated act adopted by the commission pursuant to the third subparagraph.


### the requirement for a maximum life cycle carbon footprint threshold in the first subparagraph shall apply as of 1 july 2027 for electric vehicle batteries and for rechargeable industrial batteries. ### the requirement for a maximum life cycle carbon footprint threshold referred in the first subparagraph shall be applicable to batteries for electric vehicles and to rechargeable industrial batteries 36 months after the entry into force of the delegated act as referred in the next subparagraph.


### the requirement for a maximum life cycle carbon footprint threshold in the first subparagraph shall apply as of 1 july 2027 for electric vehicle batteries and for rechargeable industrial batteries. ### the requirement for a maximum life cycle carbon footprint threshold in the first subparagraph shall apply to electric vehicle batteries and to rechargeable industrial batteries 36 months after the delegated act comes into force , as set out in the following subparagraph.


### the requirement for a maximum life cycle carbon footprint threshold in the first subparagraph shall apply as of 1 july 2027 for electric vehicle batteries and for rechargeable industrial batteries. ### the requirement for a maximum life cycle carbon footprint threshold in the first subparagraph shall apply as of 1 july 2027 for electric vehicle batteries , light means of transport batteries and for rechargeable industrial batteries.


### the requirement for a maximum life cycle carbon footprint threshold in the first subparagraph shall apply as of 1 july 2027 for electric vehicle batteries and for rechargeable industrial batteries. ### the requirement for a maximum life cycle carbon footprint threshold in the first subparagraph shall apply as of 1 july 2028 for electric vehicle batteries and for stationary battery energy storage systems.


### the commission shall , no later than 1 july 2026 , adopt a delegated act in accordance with article 73 to supplement this regulation by determining the maximum life cycle carbon footprint threshold referred to in the first subparagraph. in preparing that delegated act , the commission shall take into account the relevant essential elements set out in annex ii; ### (does not affect english version)


### the introduction of a maximum life cycle carbon footprint threshold shall trigger , if necessary , a reclassification of the carbon footprint performance classes of the batteries referred to in paragraph 2. ### (does not affect english version)


### recycled content in industrial batteries , electric vehicle batteries and automotive batteries ### recycled content in industrial batteries , light means of transport batteries , electric vehicle batteries and automotive batteries


### 8 recycled content in industrial batteries , electric vehicle batteries and automotive batteries ### 8 recycled content in batteries


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


### 1. from 1 january 2027 , industrial batteries , electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kwh that contain cobalt , lead , lithium or nickel in active materials shall be accompanied by technical documentation containing information about the amount of cobalt , lead , lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant. ### 1. 18 months after the implementing act from the following subparagraph comes into force , industrial batteries , electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kwh that contain cobalt , lead , lithium or nickel in active materials shall be accompanied by technical documentation containing information about the amount of cobalt , lead , lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant.


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


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


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


### 1. from 1 january 2027 , industrial batteries , electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kwh that contain cobalt , lead , lithium or nickel in active materials shall be accompanied by technical documentation containing information about the amount of cobalt , lead , lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant. ### (1) 18 months after the implementing act from the following subparagraph comes into force , industrial batteries , electric vehicle batteries and automotive batteries with a capacity above 2 kwh that contain cobalt , lead , lithium or nickel in active materials shall be accompanied by technical documentation containing information about the amount of cobalt , lead , lithium or nickel recovered from waste present in active materials in each battery model.


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


### by 31 december 2025 , the commission shall adopt an implementing act laying down the methodology for the calculation and verification of the amount of cobalt , lead , lithium or nickel recovered from waste present in active materials in the batteries referred to in the first subparagraph and the format for the technical documentation. that implementing acts shall be adopted in accordance with the examination procedure referred to in article 74(3). ### by 31 december 2025 , the commission shall adopt an implementing act laying down the methodology for the calculation and verification of the amount of cobalt , lead , lithium and nickel recovered from waste present in active materials in the batteries referred to in the first subparagraph and the format for the technical documentation. that implementing acts shall be adopted in accordance with the examination procedure referred to in article 74(3).


### by 31 december 2025 , the commission shall adopt an implementing act laying down the methodology for the calculation and verification of the amount of cobalt , lead , lithium or nickel recovered from waste present in active materials in the batteries referred to in the first subparagraph and the format for the technical documentation. that implementing act shall be adopted in accordance with the examination procedure referred to in article 74(3). ### from [12 months after the entry into force of the regulation , the commission shall adopt an implementing act laying down the methodology for the calculation and verification of the amount of cobalt , lead , lithium or nickel recovered from waste present in active materials in the batteries referred to in the first subparagraph and the format for the technical documentation. the methodology should specify that the calculation and verification of the amount of cobalt , lead , lithium or nickel recovered from waste should be calculated from the final process step. that implementing act shall be adopted in accordance with the examination procedure referred to in article 74(3).


### by 31 december 2025 , the commission shall adopt an implementing act laying down the methodology for the calculation and verification of the amount of cobalt , lead , lithium or nickel recovered from waste present in active materials in the batteries referred to in the first subparagraph and the format for the technical documentation. that implementing act shall be adopted in accordance with the examination procedure referred to in article 74(3). ### by 31 december 2023 , the commission shall adopt an implementing act laying down the methodology for the calculation and verification of the amount of cobalt , lead , lithium or nickel recovered from waste present in active materials in the batteries referred to in the first subparagraph and the format for the technical documentation. that implementing act shall be adopted in accordance with the examination procedure referred to in article 74(3).


### 2. from 1 january 2030 , industrial batteries , electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kwh that contain cobalt , lead , lithium or nickel in active materials shall be accompanied by technical documentation demonstrating that those batteries contain the following minimum share of cobalt , lead , lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant: ### deleted


### 2. from 1 january 2030 , industrial batteries , electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kwh that contain cobalt , lead , lithium or nickel in active materials shall be accompanied by technical documentation demonstrating that those batteries contain the following minimum share of cobalt , lead , lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant: ### 2. from 1 january 2030 , industrial batteries , electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kwh that contain cobalt , lead , lithium or nickel in active materials shall be accompanied by technical documentation demonstrating that those batteries contain the following minimum share of cobalt , lead , lithium or nickel recovered from waste present in active materials in each battery model and batch per producer. new , higher values for the minimum share of recycled cobalt , lead , lithium or nickel shall apply from 1 january 2035.


### 2. from 1 january 2030 , industrial batteries , electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kwh that contain cobalt , lead , lithium or nickel in active materials shall be accompanied by technical documentation demonstrating that those batteries contain the following minimum share of cobalt , lead , lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant: ### (2) from 1 january 2030 , industrial batteries , electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kwh that contain cobalt , lead , lithium or nickel in active materials shall be accompanied by technical documentation demonstrating that those batteries contain the following minimum share of cobalt , lead , lithium or nickel recovered from waste present in active materials in each battery model and batch per producer. new , higher values for the minimum share of recycled cobalt , lead , lithium or nickel shall apply from 1 january 2035.


### 2. from 1 january 2030 , industrial batteries , electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kwh that contain cobalt , lead , lithium or nickel in active materials shall be accompanied by technical documentation demonstrating that those batteries contain the following minimum share of cobalt , lead , lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant: ### 2. from 1 january 2030 , industrial batteries , electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kwh that contain cobalt , lead , lithium or nickel in active materials shall be accompanied by technical documentation demonstrating that those batteries contain share of cobalt , lead , lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant. thresholds should not be introduced until the battery market reaches steady state in order not to risk hampering the electrification:


### 2. from 1 january 2030 , industrial batteries , electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kwh that contain cobalt , lead , lithium or nickel in active materials shall be accompanied by technical documentation demonstrating that those batteries contain the following minimum share of cobalt , lead , lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant: ### 2. from 1 january 2030 , all batteries that contain cobalt , lead , lithium or nickel in active materials shall be accompanied by technical documentation demonstrating that those batteries contain the following minimum share of cobalt , lead , lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant:


### 2. from 1 january 2030 , industrial batteries , electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kwh that contain cobalt , lead , lithium or nickel in active materials shall be accompanied by technical documentation demonstrating that those batteries contain the following minimum share of cobalt , lead , lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant: ### 2. from 1 january 2030 , portable batteries , industrial batteries , electric vehicle batteries and automotive batteries that contain cobalt , lead , lithium or nickel in active materials shall be accompanied by technical documentation demonstrating that those batteries contain the following minimum share of cobalt , lead , lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant:


### 12% cobalt; ### deleted


### 85% lead; ### deleted


### 4% lithium; ### deleted


### 4% nickel. ### deleted


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


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


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


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


### 4. where justified and appropriate due to the availability of cobalt , lead , lithium or nickel recovered from waste , or the lack thereof , the commission shall be empowered to adopt , by 31 december 2027 , a delegated act in accordance with article 73 , to amend the targets laid down in paragraphs 2 and 3. ### deleted


### 4. where justified and appropriate due to the availability of cobalt , lead , lithium or nickel recovered from waste , or the lack thereof , the commission shall be empowered to adopt , by 31 december 2027 , a delegated act in accordance with article 73 , to amend the targets laid down in paragraphs 2 and 3. ### 4. by 31 december 2026 , the commission shall assess whether , due to the availability of cobalt , lead , lithium or nickel recovered from waste , and in view of technical and scientific progress as well as economic viability , it is appropriate to present a legislative proposal in order to establish minimum recycled content targets for cobalt , lead , lithium or nickel and any other relevant raw material that the commission deems to be of the essence in battery manufacturing.


### 4. where justified and appropriate due to the availability of cobalt , lead , lithium or nickel recovered from waste , or the lack thereof , the commission shall be empowered to adopt , by 31 december 2027 , a delegated act in accordance with article 73 , to amend the targets laid down in paragraphs 2 and 3. ### 4. by 31 december 2027 , the commission shall conduct an impact assessment , based on the data gathered on the recycled content in batteries , on the socio-economic and environmental aspects of the different policy options , including possible mandatory targets on minimum share of materials reconvered from waste and , where appropriate , shall submit a legislative proposal for that purpose;


### 4. where justified and appropriate due to the availability of cobalt , lead , lithium or nickel recovered from waste , or the lack thereof , the commission shall be empowered to adopt , by 31 december 2027 , a delegated act in accordance with article 73 , to amend the targets laid down in paragraphs 2 and 3. ### 4. by 31 december 2027 , the commission shall conduct an impact assessment , based on the data gathered on recycled content in batteries , on the socio-economic and environmental aspects of the different policy options , including possible mandatory targets on minimum share of materials recovered from waste and , where appropriate , shall submit a legislative proposal for that purpose;


### 1. from 1 january 2027 , portable batteries of general use shall meet the values for the electrochemical performance and durability parameters set out in annex iii as laid down in the delegated act adopted by the commission pursuant to paragraph 2. ### 1. from 31 december 2027 , industrial batteries , electric vehicle batteries and stationary energy storage systems that contain cobalt , lead , lithium or nickel in active materials shall be accompanied by technical documentation containing information about the amount of cobalt , lead , lithium or nickel recovered from waste present in the battery as eu-wide company average.


### 1. from 1 january 2027 , portable batteries of general use shall meet the values for the electrochemical performance and durability parameters set out in annex iii as laid down in the delegated act adopted by the commission pursuant to paragraph 2. ### 1. from 1 january 2027 , portable batteries of general use shall meet the minimum values for the electrochemical performance and durability parameters set out in annex iii as laid down in the delegated act adopted by the commission pursuant to paragraph 2.


### 2. by 31 december 2025 , the commission shall adopt a delegated act in accordance with article 73 to supplement this regulation by establishing minimum values for the electrochemical performance and durability parameters laid down in annex iii that portable batteries of general use shall attain. ### 2. by 31 december 2025 , the commission shall adopt an implementing act laying down the methodology for the calculation and verification of the amount of cobalt , lead , lithium or nickel recovered from waste present in the batteries as eu-wide company average referred to in the first subparagraph


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


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


### (3) by 31 december 2030 , the commission shall assess the feasibility of measures to phase out the use of non-rechargeable portable batteries of general use in view of minimising their environmental impact based on the life cycle assessment methodology. to that end , the commission shall submit a report to the european parliament and to the council and consider taking the appropriate measures , including the adoption of legislative proposals. ### (3) by 31 december 2030 , the commission shall assess the feasibility of measures to phase out the use of non-rechargeable portable batteries of general use in view of minimising their environmental impact based on the life cycle assessment methodology. in the process , account should also be taken of value for money for end users. appliances whose functionality is not guaranteed if rechargeable batteries are incorporated into them should be exempted from these measures. to that end , the commission shall submit a report to the european parliament and to the council and consider taking the appropriate measures , including the adoption of legislative proposals.


### 3. by 31 december 2030 , the commission shall assess the feasibility of measures to phase out the use of non-rechargeable portable batteries of general use in view of minimising their environmental impact based on the life cycle assessment methodology. to that end , the commission shall submit a report to the european parliament and to the council and consider taking the appropriate measures , including the adoption of legislative proposals. ### 3. by 31 december 2030 , the commission shall assess the feasibility of measures to phase out the use of non-rechargeable portable batteries of general use in view of minimising their environmental impact based on the life cycle assessment methodology , taking into account the economic viability as well as the cost and benefit for end users of such measures. to that end , the commission shall submit a report to the european parliament and to the council and consider taking the appropriate measures , including the adoption of legislative proposals.


### 3. by 31 december 2030 , the commission shall assess the feasibility of measures to phase out the use of non-rechargeable portable batteries of general use in view of minimising their environmental impact based on the life cycle assessment methodology. to that end , the commission shall submit a report to the european parliament and to the council and consider taking the appropriate measures , including the adoption of legislative proposals. ### 3. by 31 december 2030 , the commission shall assess the feasibility of measures to phase out entirely or partially the use of non-rechargeable portable batteries of general use in view of minimising their environmental impact based on the life cycle assessment methodology. to that end , the commission shall submit a report to the european parliament and to the council and consider taking the appropriate measures , including the adoption of legislative proposals.


### 3. by 31 december 2030 , the commission shall assess the feasibility of measures to phase out the use of non-rechargeable portable batteries of general use in view of minimising their environmental impact based on the life cycle assessment methodology. to that end , the commission shall submit a report to the european parliament and to the council and consider taking the appropriate measures , including the adoption of legislative proposals. ### 3. (does not affect english version)


### performance and durability requirements for rechargeable industrial batteries and electric vehicle batteries ### performance and durability of rechargeable industrial batteries , electric vehicle batteries and light means of transport batteries


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


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


### 1. from [12 months after entry into force of the regulation] , rechargeable industrial batteries and electric vehicle batteries with internal storage and a capacity above 2 kwh shall be accompanied by a technical documentation containing values for the electrochemical performance and durability parameters laid down in part a of annex iv. ### 1. from [18 months after entry into force of the regulation] , rechargeable industrial batteries , electric vehicle batteries and light means of transport batteries with internal storage and a capacity above 2 kwh shall be accompanied by a technical documentation containing values for the electrochemical performance and durability parameters laid down in part a of annex iv.


### 1. from [12 months after entry into force of the regulation] , rechargeable industrial batteries and electric vehicle batteries with internal storage and a capacity above 2 kwh shall be accompanied by a technical documentation containing values for the electrochemical performance and durability parameters laid down in part a of annex iv. ### 1. from 31 december [of the year following the entry into force of the regulation] , stationary battery energy storage systems and electric vehicle batteries shall meet the minimum values laid down in the delegated act adopted by the commission pursuant to paragraph 3 for the electrochemical performance and durability parameters set out in part a of annex iv.


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


### 1. from [12 months after entry into force of the regulation] , rechargeable industrial batteries and electric vehicle batteries with internal storage and a capacity above 2 kwh shall be accompanied by a technical documentation containing values for the electrochemical performance and durability parameters laid down in part a of annex iv. ### (1) from [18 months after entry into force of the regulation] , rechargeable industrial batteries and electric vehicle batteries with internal storage and a capacity above 2 kwh shall be accompanied by a technical documentation containing values for the electrochemical performance and durability parameters laid down in part a of annex iv.


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


### the technical documentation referred to in the first subparagraph shall also contain an explanation of the technical specifications , standards and conditions used to measure , calculate or estimate the values for the electrochemical performance and durability parameters. that explanation shall include , at least , the elements laid down in part b of annex iv. ### the technical documentation referred to in the first subparagraph shall also contain an explanation of the technical specifications , standards and conditions used to measure , calculate or estimate the values for the performance and durability parameters. that explanation shall include , at least , the elements laid down in part b of annex iv.


### 2. from 1 january 2026 , rechargeable industrial batteries with internal storage and a capacity above 2 kwh shall meet the minimum values laid down in the delegated act adopted by the commission pursuant to paragraph 3 for the electrochemical performance and durability parameters set out in part a of annex iv. ### deleted


### 2. from 1 january 2026 , rechargeable industrial batteries with internal storage and a capacity above 2 kwh shall meet the minimum values laid down in the delegated act adopted by the commission pursuant to paragraph 3 for the electrochemical performance and durability parameters set out in part a of annex iv. ### 2. from 1 january 2026 , rechargeable industrial batteries and electric vehicle batteries with internal storage and a capacity above 2 kwh shall meet the minimum values laid down in the delegated act adopted by the commission pursuant to paragraph 3 for the electrochemical performance and durability parameters set out in part a of annex iv.


### 2. from 1 january 2026 , rechargeable industrial batteries with internal storage and a capacity above 2 kwh shall meet the minimum values laid down in the delegated act adopted by the commission pursuant to paragraph 3 for the electrochemical performance and durability parameters set out in part a of annex iv. ### 2. from 1 january 2027 , stationary energy storage batteries shall meet the minimum values laid down in the delegated act adopted by the commission pursuant to paragraph 3 for the electrochemical performance and durability parameters set out in part a of annex iv.


### 3. by 31 december 2024 , the commission shall adopt a delegated act in accordance with article 73 to supplement this regulation by establishing minimum values for the electrochemical performance and durability parameters laid down in part a of annex iv that rechargeable industrial batteries with internal storage and capacity above 2 kwh shall attain. ### deleted


### 3. by 31 december 2024 , the commission shall adopt a delegated act in accordance with article 73 to supplement this regulation by establishing minimum values for the electrochemical performance and durability parameters laid down in part a of annex iv that rechargeable industrial batteries with internal storage and capacity above 2 kwh shall attain. ### 3. by 31 december 2024 , the commission shall adopt a delegated act in accordance with article 73 to supplement this regulation by establishing minimum values for the electrochemical performance and durability parameters laid down in part a of annex iv that rechargeable industrial batteries and electric vehicle batteries with internal storage and capacity above 2 kwh shall attain.


### 3. by 31 december 2024 , the commission shall adopt a delegated act in accordance with article 73 to supplement this regulation by establishing minimum values for the electrochemical performance and durability parameters laid down in part a of annex iv that rechargeable industrial batteries with internal storage and capacity above 2 kwh shall attain. ### 3. by 31 december 2024 , the commission shall adopt a delegated act in accordance with article 73 to supplement this regulation by establishing minimum values for the electrochemical performance and durability parameters laid down in part a of annex iv that stationary energy batteries storage shall attain.


### in preparing the delegated act referred to in the first subparagraph , the commission shall consider the need to reduce the life cycle environmental impact of rechargeable industrial batteries with internal storage and a capacity above 2 kwh and ensure that the requirements laid down therein do not have a significant negative impact on the functionality of those batteries or the appliances into which those batteries are incorporated , its affordability and industry’s competitiveness. no excessive administrative burden shall be imposed on manufacturers of the batteries and the appliances concerned. ### in preparing the delegated act referred to in the first subparagraph , the commission shall consider the need to reduce the life cycle environmental impact of rechargeable industrial batteries and electric vehicle batteries with internal storage and a capacity above 2 kwh and ensure that the requirements laid down therein do not have a significant negative impact on the functionality of those batteries or the appliances into which those batteries are incorporated , its affordability and industry’s competitiveness. these requirements shall not impose an excessive administrative burden on manufacturers of the batteries and the appliances concerned.


### in preparing the delegated act referred to in the first subparagraph , the commission shall consider the need to reduce the life cycle environmental impact of rechargeable industrial batteries with internal storage and a capacity above 2 kwh and ensure that the requirements laid down therein do not have a significant negative impact on the functionality of those batteries or the appliances into which those batteries are incorporated , its affordability and industry’s competitiveness. no excessive administrative burden shall be imposed on manufacturers of the batteries and the appliances concerned. ### in preparing the delegated act referred to in the first subparagraph , the commission shall consider the need to reduce the life cycle environmental impact of stationary energy storage batteries and ensure that the requirements laid down therein do not have a significant negative impact on the functionality of those batteries or the appliances into which those batteries are incorporated , its affordability and industry’s competitiveness. no excessive administrative burden shall be imposed on manufacturers of the batteries and the appliances concerned.


### 1. portable batteries incorporated in appliances shall be readily removable and replaceable by the end-user or by independent operators during the lifetime of the appliance , if the batteries have a shorter lifetime than the appliance , or at the latest at the end of the lifetime of the appliance. ### 1. portable batteries incorporated in appliances shall be readily removable and , as of [24 months after the entry into force of this regulation] , be 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.