### (15) the use of hazardous substances in batteries should be restricted in order to protect human health and the environment and to reduce the presence of such substances in waste. thus , in addition to the restrictions set out in annex xvii of regulation (ec) no 1907/2006 of the european parliament and of the council29 , it is appropriate to set out restrictions for mercury and cadmium in certain types of batteries. batteries used in vehicles which benefit from an exemption under annex ii to directive 2000/53/ec of the european parliament and of the council30 should be excluded from the prohibition to contain cadmium. ### (15) the use of hazardous substances in batteries should be restricted in order to protect human health and the environment and to reduce the presence of such substances in waste. thus , in addition to the restrictions set out in annex xvii of regulation (ec) no 1907/2006 of the european parliament and of the council29 , it is appropriate to set out restrictions for mercury , cadmium and lead in certain types of batteries. batteries used in vehicles which benefit from an exemption under annex ii to directive 2000/53/ec of the european parliament and of the council30 should be excluded from the prohibition to contain cadmium. the commission should , assisted by the agency , make a holistic and systemic assessment of hazardous substances in batteries. this assessment should in particular evaluate high quantity battery chemistries , evolving and emerging chemistries and the availability of suitable alternatives to lead-acid industrial and automotive batteries and to nickel-cadmium industrial batteries.


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


### (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 , greenhouse gas emissions exacerbating climate change is the second highest related impact category for batteries after mining and the use of minerals and metals. the technical documentation for rechargeable industrial batteries , light means of transport batteries and electric vehicle batteries 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 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 at the latest. 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 climate objectives , particularly that of reaching climate neutrality by 2050 at the latest. 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.


### (20) the increased use of recovered materials would support the development of the circular economy and allow a more resource-efficient use of materials , while reducing union dependency on materials from third countries. for batteries , this is particularly relevant for cobalt , lead , lithium and nickel. therefore , it is necessary to promote the recovery of such materials from waste , establishing a requirement on the level of recycled content in batteries using cobalt , lead , lithium and nickel in active materials. this regulation sets mandatory recycled content targets for cobalt , lead , lithium and nickel and which should be met by 2030. for cobalt , lithium and nickel increased targets are established by 2035. all targets , should take into account the availability of waste , from which such materials can be recovered , the technical feasibility of the involved recovery and manufacture processes as well as the time needed by the economic operators to adapt their supply and manufacturing processes. therefore , before such mandatory targets become applicable , the requirement related to recycled content should be limited to disclosure of information on recycled content. ### (20) the increased use of recovered materials would support the development of the circular economy and allow a more resource-efficient use of materials , while reducing union dependency on materials from third countries. for batteries , this is particularly relevant for cobalt , lead , lithium and nickel. therefore , it is necessary to promote the recovery of such materials from waste , establishing a requirement on the level of recycled content in batteries using cobalt , lead , lithium and nickel in active materials. this regulation sets mandatory recycled content targets for cobalt , lead , lithium and nickel and which should be met by 2028. for cobalt , lithium and nickel increased targets are established by 2033. 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.


### (21) in order to take into account the risk of supply of cobalt , lead , lithium and nickel and to assess their availability , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of amending the targets for the minimum share of recycled cobalt , lead , lithium or nickel present in active materials in batteries. ### (21) in order to take into account the risk of supply of cobalt , lead , lithium and nickel and to assess their availability , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of increasing the targets for the minimum share of recycled cobalt , lead , lithium or nickel present in active materials in batteries.


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


### 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 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.


### 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 2026 for electric vehicle batteries , light means of transport batteries and for rechargeable industrial batteries.


### the commission shall , no later than 1 july 2026 , adopt a delegated act in accordance with article 73 to supplement this regulation by determining the maximum life cycle carbon footprint threshold referred to in the first subparagraph. in preparing that delegated act , the commission shall take into account the relevant essential elements set out in annex ii. ### the commission shall , no later than 1 july 2025 , adopt a delegated act in accordance with article 73 to supplement this regulation by determining the maximum life cycle carbon footprint threshold referred to in the first subparagraph. in preparing that delegated act , the commission shall take into account the relevant essential elements set out in annex ii.


### the introduction of a maximum life cycle carbon footprint threshold shall trigger , if necessary , a reclassification of the carbon footprint performance classes of the batteries referred to in paragraph 2. ### the commission shall be empowered to adopt delegated acts in accordance with article 73 and the third subparagraph to amend the maximum life cycle carbon footprint threshold referred to in the first subparagraph based on the latest available data reported in accordance with paragraph 1 and until the threshold reaches 0g co2e/kwh by 2050 at the latest. the amendment of the 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. in preparing these delegated acts , the commission shall take into account the relevant essential elements set out in annex ii.


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


### 1. from 1 january 2027 , industrial batteries , electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kwh that contain cobalt , lead , lithium or nickel in active materials shall be accompanied by technical documentation containing information about the amount of cobalt , lead , lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant. ### 1. from 1 january 2024 , 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 2025 , batteries that contain cobalt , lead , lithium or nickel in active materials shall be accompanied by technical documentation containing information about the amount of cobalt , lead , lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant.


### by 31 december 2025 , the commission shall adopt an implementing act laying down the methodology for the calculation and verification of the amount of cobalt , lead , lithium or nickel recovered from waste present in active materials in the batteries referred to in the first subparagraph and the format for the technical documentation. that implementing act shall be adopted in accordance with the examination procedure referred to in article 74(3). ### by 31 december 2022 the commission shall adopt:


### 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: ### 2. from 1 january 2030 , 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 post-consumption waste present in active materials in each battery model per manufacturing plant:


### 2. from 1 january 2030 , industrial batteries , electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kwh that contain cobalt , lead , lithium or nickel in active materials shall be accompanied by technical documentation demonstrating that those batteries contain the following minimum share of cobalt , lead , lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant: ### 2. from 1 january 2028 , 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:


### 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 , 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 post-consumption 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 2033 , batteries that contain cobalt , lead , lithium or nickel in active materials shall be accompanied by a technical documentation demonstrating that those batteries contain the following minimum share of cobalt , lead , lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant:


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


### 4. where justified and appropriate due to the availability of cobalt , lead , lithium or nickel recovered from waste , or the lack thereof , the commission shall be empowered to adopt , by 31 december 2027 , a delegated act in accordance with article 73 , to amend the targets laid down in paragraphs 2 and 3. ### 4. where justified and appropriate due to the availability of cobalt , lead , lithium or nickel recovered from post waste , the commission shall be empowered to adopt , by 31 december 2025 , a delegated act in accordance with article 73 , to increase the targets laid down in paragraphs 2 and 3.


### 9 performance and durability requirements for portable batteries of general use ### 9 performance and durability requirements for portable batteries


### the commission is empowered to adopt delegated acts in accordance with article 73 to amend the electrochemical performance and durability parameters laid down in annex iii in view of technical and scientific progress. ### the commission is empowered to adopt delegated acts in accordance with article 73 to add further the electrochemical performance and durability parameters laid down in annex iii in view of technical and scientific progress.


### the commission is empowered to adopt delegated acts in accordance with article 73 to amend the electrochemical performance and durability parameters laid down in annex iii in view of technical and scientific progress. ### the commission is empowered to adopt delegated acts in accordance with article 73 to add further electrochemical performance and durability parameters laid down in annex iii in view of technical and scientific progress.


### removability and replaceability of portable batteries ### removability , replaceability and repairability of portable batteries and light means of transport batteries


### 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 and light means of transport batteries shall be readily removable and replaceable by the end-user and 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.


### a battery is readily replaceable where , after its removal from an appliance , it can be substituted by a similar battery , without affecting the functioning or the performance of that appliance. ### a battery is readily replaceable where , after its removal from an appliance , it can be substituted by a compatible spare battery by end users and independent operators , without affecting the functioning or the performance of that appliance. the replacement shall be possible using basic tools , as defined in standard en 45554:2020.


### 3. the commission shall , by 31 december 2030 , review the target laid down in paragraph 1(c) and , as part of that review consider the setting of a collection target for batteries powering light means of transport , in the light of the evolution of the market share , as a separate target or as part of a review of the target laid down in paragraph 1(c) and in article 48(4). this review may also consider introducing a calculation methodology for the calculation of the separate collection rate with a view to reflecting the quantity of waste batteries available for collection. to that end , the commission shall submit a report to the european parliament and the council on the outcome of the review accompanied , if appropriate , by a legislative proposal. ### 3. the commission shall , by 31 december 2030 , review the target laid down in paragraph 1(c) and 2(a). this review shall also consider introducing a calculation methodology for the calculation of the separate collection rate with a view to reflecting the quantity of waste batteries available for collection. to that end , the commission shall submit a report to the european parliament and the council on the outcome of the review accompanied , if appropriate , by a legislative proposal.


### 2. recyclers shall ensure that each recycling process shall achieve the minimum recycling efficiencies and the levels of recovered materials laid down , respectively , in parts b and c of annex xii. ### 2. recyclers shall ensure that each recycling process shall achieve the minimum recycling efficiencies and the levels of recovered materials laid down , respectively , in parts b and c of annex xii. recyclers shall ensure that the minimum levels of recovered materials in part c of the annex are battery grade.


### 4. the commission shall , by 31 december 2023 , adopt an implementing act to establish detailed rules regarding the calculation and verification of recycling efficiencies and recovery of materials. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 74(3). ### 4. the commission shall , by 31 december 2023 , adopt a delegated act in accordance with article 73 to supplement this regulation by establishing detailed rules regarding the calculation and verification of recycling efficiencies and recovery of materials.


### 5. the commission shall be empowered to adopt delegated acts , in accordance with article 73 , to amend the minimum levels of recovered materials for waste batteries laid down in annex xii , parts b and c , in light of technical and scientific progress and emerging new technologies in waste management. ### 5. the commission shall be empowered to adopt delegated acts , in accordance with article 73 , to increase the minimum levels of recovered materials for waste batteries laid down in annex xii , parts b and c , in light of technical and scientific progress and emerging new technologies in waste management.


### 2. waste batteries exported out of the union in accordance with paragraph 1 shall only count towards the fulfilment of obligations , efficiencies and targets set out in article 56 and article 57 if the recycler or other waste holder exporting the waste batteries for treatment and recycling can prove that the treatment took place in conditions that are equivalent to the requirements of this regulation. ### 2. waste batteries exported out of the union in accordance with paragraph 1 shall only count towards the fulfilment of obligations , efficiencies and targets set out in article 56 and article 57 if the recycler or other waste holder exporting the waste batteries for treatment and recycling can prove that the treatment took place in occupational health , occupational safety and environmental conditions that are equivalent to the requirements of this regulation.


### 3. the commission is empowered to adopt a delegated act , in accordance with article 73 , laying down detailed rules supplementing those in paragraph 2 of this article , by laying down the criteria for the assessment of equivalent conditions. ### 3. the commission shall adopt a delegated act , in accordance with article 73 , laying down detailed rules supplementing those in paragraph 2 of this article , by laying down the criteria for the assessment of equivalent conditions no later than 1 july 2023.


### 1. member states shall make publicly available in an aggregated format for each calendar year the following data on portable batteries , automotive batteries , industrial batteries and electric vehicle batteries according to battery types and their chemistries and , regarding portable batteries , identifying separately batteries powering light means of transport: ### 1. member states shall make publicly available in an aggregated format for each calendar year the following data on portable batteries , light means of transport batteries , automotive batteries , industrial batteries and electric vehicle batteries according to battery types and their chemistries and , regarding portable batteries , identifying separately batteries powering light means of transport:


### the amount of waste batteries collected in accordance with article 48 and 49 , calculated on the basis of the methodology set out in annex xi; ### the amount of waste batteries collected in accordance with article 48 , 48a and 49 , calculated on the basis of the methodology set out in annex xi and xia;


### 2. the system shall contain the information and data on rechargeable industrial batteries and electric vehicle batteries with internal storage and a capacity above 2 kwh as laid down in annex xiii. that information and data shall be sortable and searchable , respecting open standards for third party use. ### 2. the system shall contain the information and data on rechargeable industrial batteries and electric vehicle batteries as laid down in annex xiii. that information and data shall be sortable and searchable , respecting open standards for third party use.


### 5. the commission shall , by 31 december 2024 , adopt implementing acts to establish: ### 5. the commission shall , by 31 december 2024 , adopt a delegated act in accordance with article 73 to supplement this regulation by establishing:


### those implementing acts shall be adopted in accordance with the examination procedure referred to in article 74(3). ### deleted


### 1. by 1 january 2026 , each industrial battery and electric vehicle battery placed on the market or put into service and whose capacity is higher than 2 kwh shall have an electronic record (“battery passport”). ### 1. by 1 january 2026 , each industrial battery , electric vehicle battery and light means of transport battery placed on the market or put into service shall have an electronic record (“battery passport”).


### 3. the battery passport shall be linked to the information about the basic characteristics of each battery type and model stored in the data sources of the system established pursuant to article 64. the economic operator that places an industrial battery or an electric vehicle battery on the market shall ensure that the data included in the battery passport is accurate , complete and up-to-date. ### 3. for industrial batteries and electric vehicle batteries , the battery passport shall be linked to the information about the basic characteristics of each battery type and model stored in the data sources of the system established pursuant to article 64. the economic operator that places an industrial battery or an electric vehicle battery on the market shall ensure that the data included in the battery passport is accurate , complete and up-to-date.


### 4. the battery passport shall be accessible online , through electronic systems interoperable with the system established pursuant to article 64. ### 4. the battery passport shall be accessible online , through electronic systems interoperable with the system established pursuant to article 64 , and via the qr code referred to in article 13(5).


### 6. when the change in the status is due to repairing or repurposing activities , the responsibility for the battery record in the battery passport shall be transferred to the economic operator that is considered to place the industrial battery or the electric vehicle battery on the market or that puts it into service. ### 6. when the change in the status is due to repairing or repurposing activities , the responsibility for the battery record in the battery passport shall be transferred to the economic operator that is considered to place the industrial battery , the electric vehicle battery or the light means of transport battery on the market or that puts it into service.


### 7. the commission is empowered to adopt implementing acts to establish the rules for accessing , sharing , managing , exploring , publishing and reusing of the information and data accessible through the battery passport. ### 7. the commission is empowered to adopt delegated acts in accordance with article 73 to establish the rules for accessing , sharing , managing , exploring , publishing and reusing of the information and data accessible through the battery passport.


### 1. where the market surveillance authorities of one member state have sufficient reason to believe that a battery covered by this regulation presents a risk to human health or safety of persons , to property or to the environment , they shall carry out an evaluation in relation to the battery concerned covering all relevant requirements laid down in this regulation. ### 1. market surveillance authorities shall perform appropriate checks on the characteristics of batteries made available online and offline on an adequate scale , by means of documentary checks and , where appropriate , physical and laboratory checks based on adequate samples , covering all relevant requirements laid down in this regulation. market surveillance authorities may send batteries to the union testing facility referred to in article 68a for such an evaluation.


### 1. contracting authorities , as defined in article 2(1) of directive 2014/24/eu or article 3(1) of directive 2014/25/eu , or contracting entities , as defined in article 4(1) of directive 2014/25/eu shall , when procuring batteries or products containing batteries in situations covered by those directives , take account of the environmental impacts of batteries over their life cycle with a view to ensure that such impacts of the batteries procured are kept to a minimum. ### 1. contracting authorities , as defined in article 2(1) of directive 2014/24/eu or article 3(1) of directive 2014/25/eu , or contracting entities , as defined in article 4(1) of directive 2014/25/eu shall , when procuring batteries or products containing batteries in situations covered by those directives , shall give preference to the most environmentally friendly batteries based on their entire life cycle with a view to ensure that such impacts of the batteries procured are kept to a minimum.


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


### (59) only few countries supply those materials and , in some cases , low standards of governance may exacerbate environmental and social problems. both cobalt and nickel mining and refining are related to a large range of social and environmental issues , including environmental hazard potential and human health. while the social and environmental impacts for natural graphite are less severe , its mining has high shares of artisanal and small scale operations , which mostly takes place in informal settings and can lead to serious health and environmental impacts , including no regular mine closure and no rehabilitation , which results in the destruction of ecosystems and soils. for lithium , the expected increase in its use in battery manufacturing is likely to put additional pressure on extraction and refining operations , what would recommend including lithium in the scope of the supply chain due diligence obligations. the expected massive increase in demand for batteries in the union should not contribute to an increase of such environmental and social risks. ### (59) only few countries supply those materials and , in some cases , low standards of governance may exacerbate environmental and social problems. cobalt , copper , nickel , iron and bauxite mining and refining are related to a large range of social and environmental issues , including environmental hazard potential and human health. while the social and environmental impacts for natural graphite are less severe , its mining has high shares of artisanal and small scale operations , which mostly takes place in informal settings and can lead to serious health and environmental impacts , including no regular mine closure and no rehabilitation , which results in the destruction of ecosystems and soils. for lithium , the expected increase in its use in battery manufacturing is likely to put additional pressure on extraction and refining operations , what would recommend including lithium in the scope of the supply chain due diligence obligations. the expected massive increase in demand for batteries in the union should not contribute to an increase of such environmental and social risks.


### (62) in the union , general requirements on due diligence in relation to certain minerals and metals were introduced by regulation (eu) no 2017/821 of the european parliament and of the council39 . that regulation does not , however , address the minerals and materials used for battery production. ### (62) the united nations guiding principles on business and human rights stipulate that economic operators should carry out due diligence as a means to meet their corporate responsibility with respect to human rights. in the union , general requirements on due diligence in relation to certain minerals and metals were introduced by regulation (eu) no 2017/821 of the european parliament and of the council39 . that regulation does not , however , address the minerals and materials used for battery production.


### (63) therefore , in view of the expected exponential growth in battery demand in the eu , the economic operator that places a battery on the eu market should set up a supply chain due diligence policy. the requirements therefore should be laid down , with the objective to address the social and environmental risks inherent in the extraction , processing and trading of certain raw materials for battery manufacturing purposes. ### (63) the corporate responsibility to respect human rights , social rights , human health and the environment should apply to all operations and business relationships of an economic operator throughout the value chain. as the extraction , processing and trading of certain raw materials that are used in the battery manufacturing carry particular risks , and in view of the expected exponential growth in battery demand in the eu , requirements with regard to due diligence by economic operators that place batteries on the eu market should be set up. the requirements should be laid down with the objective to address the social and environmental risks inherent in the extraction , processing and trading of certain raw materials for battery manufacturing purposes , the manufacturing itself as well as all relevant downstream operations.


### (64) when putting in place a risk-based due diligence policy , it should be based on internationally recognised due diligence principles in the ten principles of the united nations global compact40 , the guidelines for social life cycle assessment of products41 , the ilo tripartite declaration of principles concerning multinational enterprises and social policy42 , and the oecd due diligence guidance for responsible business conduct (rbc)43 , which reflect a common understanding amongst governments and stakeholders , and should be tailored to the specific context and circumstances of each economic operator. in relation to the extraction , processing and trading of natural mineral resources used for battery production , the oecd due diligence guidance for responsible supply chains of minerals from conflict-affected and high-risk areas44 (‘oecd due diligence guidance’) represents a long-standing effort by governments and stakeholders to establish good practice in this area. ### (64) when conducting risk-based due diligence , it should be based on international instruments such as the united nations guiding principles on business and human rights1a , the ten principles of the united nations global compact40 , the guidelines for social life cycle assessment of products41 , the ilo tripartite declaration of principles concerning multinational enterprises and social policy42 , the oecd guidelines for multinational enterprises1b , and the oecd due diligence guidance for responsible business conduct (rbc)43 , which reflect a common understanding amongst governments and stakeholders , and should be tailored to the specific context and circumstances of each economic operator. in relation to the extraction , processing and trading of natural mineral resources , the oecd due diligence guidance for responsible supply chains of minerals from conflict-affected and high-risk areas44 (‘oecd due diligence guidance’) represents an internationally acknowledged standard addressing specific risks of gross human rights' violations related to the sourcing and trading of certain raw materials in the context of conflict.


### (65) according to the oecd due diligence guidance45 , due diligence is an on-going , proactive and reactive process through which companies can ensure that they respect human rights and do not contribute to conflict.46 . risk-based due diligence refers to the steps companies should take to identify and address actual or potential risks in order to prevent or mitigate adverse impacts associated with their activities or sourcing decisions a company can assess risk posed by its activities and relationships and adopt risks mitigating measures in line with relevant standards provided under national and international law , recommendations on responsible business conduct by international organisations , government-backed tools , private sector voluntary initiatives and a company's internal policies and systems. this approach also helps to scale the due diligence exercise to the size of the company's activities or supply chain relationships. ### (65) according to these standards , due diligence is an on-going , proactive and reactive process through which companies can ensure that they respect human rights and the environment and do not contribute to conflict. risk-based due diligence refers to the steps companies should take to identify , cease , prevent , mitigate and account for adverse impacts associated with their activities or sourcing decisions. economic operators should conduct informed , effective and meaningful consultation with actually and potentially affected rights-holders. a company can assess risk posed by its activities and relationships and adopt risks mitigating measures in line with relevant standards provided under national and international law , recommendations on responsible business conduct by international organisations , government-backed tools , private sector voluntary initiatives and a company's internal policies and systems. this approach also helps to scale the due diligence exercise to the size of the company's activities or supply chain relationships.


### (66) mandatory supply chain due diligence policies should be adopted or modified and address , at least , the most prevalent social and environmental risk categories. this should cover the current and foreseeable impacts , on one hand , on social life , in particular human rights , human health and safety as well as occupational health and safety and labour rights , and , on the other hand , on the environment , in particular on water use , soil protection , air pollution and biodiversity , including community life. ### (66) mandatory value chain due diligence policies should be adopted or modified and address , at least , the most prevalent social and environmental risk categories. this should cover the current and foreseeable impacts , on one hand , on social life , in particular human rights , human health and safety as well as occupational health and safety and labour rights , and , on the other hand , on the environment , in particular on water use , soil protection , air pollution , climate change and biodiversity , including community life.


### (67) as regards the social risk categories , due diligence policies should address the risks in the battery supply chain in relation to the protection of human rights , including human health , protection of children and gender equality , in line with international human rights law47 . the due diligence policies should include information on how the economic operator has contributed to the prevention of human rights abuses and on the instruments in place with the operator’s business structure to fight corruption and bribery. the due diligence policies should also ensure correct implementation of the rules of fundamental conventions of the international labour organisation48 as listed in annex i of the ilo tripartite declaration. ### (67) as regards the social risk categories , due diligence policies should address the risks in the battery supply chain in relation to the protection of human rights , including human health , rights of indigenous people , protection of children and gender equality , in line with international human rights law47 . the due diligence policies should include information on how the economic operator has contributed to the prevention of human rights abuses and on the instruments in place with the operator’s business structure to fight corruption and bribery. the due diligence policies should also ensure correct implementation of the rules of fundamental conventions of the international labour organisation48 as listed in annex i of the ilo tripartite declaration.


### (68) as regards the environmental risk categories , the due diligence policies should address the risks in the battery supply chain in relation to protection of the natural environment and of the biological diversity in line with the convention on biological diversity49 , which includes also the consideration of local communities , and the protection and the development of those communities. ### (68) as regards the environmental risk categories , the due diligence policies should address the risks in the battery supply chain in relation to protection of the natural environment , the climate in line with the un paris agreement and of the biological diversity in line with the convention on biological diversity49 , which includes also the consideration of local communities , and the protection and the development of those communities.


### (69) the supply chain due diligence obligations on the identification and mitigation of social and environmental risks associated with raw materials going into battery manufacturing should contribute to the implementation of unep resolution 19 on mineral resource governance , which recognizes the important contribution of the mining sector towards the achievement of the 2030 agenda and the sustainable development goals. ### (69) the value chain due diligence obligations on the identification and mitigation of social and environmental risks associated with raw materials going into battery manufacturing should contribute to the implementation of unep resolution 19 on mineral resource governance , which recognizes the important contribution of the mining sector towards the achievement of the 2030 agenda and the sustainable development goals.


### (70) other eu legislative instruments that lay down requirements regarding supply chain due diligence should apply in so far as there are no specific provisions with the same objective , nature and effect in this regulation which may be adapted in the light of future legislative amendments. ### (70) other eu legislative instruments that lay down requirements regarding value chain due diligence should apply in so far as there are no specific provisions with the same objective , nature and effect in this regulation which may be adapted in the light of future legislative amendments.


### (71) in order to adapt to developments in the battery value chain , including to changes in the scope and nature of the relevant environmental and social risks , as well as to technical and scientific progress in batteries and battery chemistries , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of amending the list of raw materials and risk categories and the supply chain due diligence requirements. ### (71) in order to adapt to developments in the battery value chain , including to changes in the scope and nature of the relevant environmental and social risks , as well as to technical and scientific progress in batteries and battery chemistries , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of amending the list of raw materials and risk categories and the value chain due diligence requirements.


### (88) industrial and electric vehicle batteries that are no longer fit for the initial purpose for which they were manufactured may be used for a different purpose as stationary energy storage batteries. a market for the second life of used industrial and electric vehicle batteries is emerging and in order to support the practical application of the waste hierarchy , specific rules should thus be defined to allow responsible repurposing of used batteries while taking into account the precautionary principle and ensuring safety of use for end users. any such used battery should undergo an assessment of its state of health and available capacity to ascertain its suitability for use for any other than its original purpose. in order to ensure uniform conditions for the implementation of provisions related to the estimation of the state of health of batteries , implementing powers should be conferred on the commission. ### (88) industrial and electric vehicle batteries that are no longer fit for the initial purpose for which they were manufactured may be used for a different purpose as stationary energy storage batteries. a market for the second life of used industrial and electric vehicle batteries is emerging and in order to support the practical application of the waste hierarchy , specific rules should thus be defined to allow responsible repurposing of used batteries while taking into account the precautionary principle and ensuring safety of use for end users. any such used battery should undergo an assessment of its state of health and available capacity to ascertain its suitability for use for any other than its original purpose. batteries that are found to be suitable for use other than its original purpose should be repurposed. in order to ensure uniform conditions for the implementation of provisions related to the estimation of the state of health of batteries , implementing powers should be conferred on the commission.


### (36) ‘supply chain due diligence’ means the obligations of the economic operator which places a rechargeable industrial battery or an electric-vehicle battery on the market , in relation to its management system , risk management , third party verifications by notified bodies and disclosure of information with a view to identifying and addressing actual and potential risks linked to the sourcing , processing and trading of the raw materials required for battery manufacturing; ### (36) ‘due diligence’ means the obligations of the economic operator which places a battery on the market , in relation to its management system , risk management , third party verifications by notified bodies and disclosure of information with a view to identifying , preventing and addressing actual and potential risks linked to the sourcing , processing and trading of the raw materials , chemicals and secondary raw materials required for battery manufacturing (supply chain) , linked to its manufacturing operations and linked to all business relationships;


### 39 obligation for economic operators that place rechargeable industrial batteries and electric-vehicle batteries with internal storage and a capacity above 2 kwh on the market to establish supply chain due diligence policies ### 39 obligation for economic operators that place batteries on the market to conduct value chain due diligence


### 1. as of [12 months after the entry into force of the regulation] the economic operator that places rechargeable industrial batteries and electric-vehicle batteries with internal storage and a capacity above 2 kwh on the market shall comply with the supply chain due diligence obligations set out in paragraphs 2 to 5 of this article and shall keep documentation demonstrating its respective compliance with those obligations , including the results of the third-party verification carried out by notified bodies. ### 1. as of [12 months after the entry into force of the regulation] the economic operator that places batteries on the market shall comply with the value chain due diligence obligations set out in paragraphs 2 to 5 of this article and shall keep documentation demonstrating its respective compliance with those obligations , including the results of the third-party verification carried out by notified bodies.


### adopt , and clearly communicate to suppliers and the public , a company policy for the supply chain of raw materials indicated in annex x , point 1; ### adopt , and clearly communicate to suppliers and the public , a company policy for the supply chain for the manufacturing of batteries , including raw materials and secondary raw materials indicated in annex x , point 1 , as well as hazardous chemicals;


### incorporate in its supply chain policy standards consistent with the standards set out in the model supply chain policy in annex ii to the oecd due diligence guidance; ### incorporate in its due diligence policy standards consistent with the standards set out in the un guiding principles on business and human rights and the oecd guidelines for multinational enterprisesin order to identify , prevent , address and mitigate adverse impacts;


### structure its respective internal management systems to support supply chain due diligence by assigning responsibility to senior management to oversee the supply chain due diligence process as well as maintain records of those systems for a minimum of five years; ### structure its respective internal management systems to support value chain due diligence by assigning responsibility to senior management to oversee the value chain due diligence process as well as maintain records of those systems for a minimum of five years;


### establish and operate a system of controls and transparency over the supply chain , including a chain of custody or traceability system or the identification of upstream actors in the supply chain. ### establish and operate a system of controls and transparency over the supply chain , including a chain of custody or traceability system , identifying upstream actors in the supply chain.


### the requirements set out in the current point (d) may be implemented through participation in industry-led schemes. ### deleted


### incorporate its supply chain policy into contracts and agreements with suppliers , including their risk management measures; ### incorporate its value chain policy into contracts and agreements with suppliers , including their risk management measures;


### establish a grievance mechanism as an early-warning risk-awareness system or provide such mechanism through collaborative arrangements with other economic operators or organisations , or by facilitating recourse to an external expert or body , such as an ombudsman. ### establish a grievance mechanism as an early-warning risk-awareness system and remediation mechanism for harm or provide such mechanisms through collaborative arrangements with other economic operators or organisations , or by facilitating recourse to an external expert or body , such as an ombudsman.


### identify and assess the adverse impacts associated to the risk categories listed in annex x , point 2 , in its supply chain on the basis of the information provided pursuant to paragraph 2 against the standards of their supply chain policy; ### identify and assess the adverse impacts associated to the risk categories listed in annex x , point 2 , in its value chain , including related to the use of energy , materials and chemicals , and including emissions , discharges and losses of hazardous substances as well as waste treatment operations , on the basis of the information provided pursuant to paragraph 2 and any other relevant information that is either publicly available or provided by stakeholders , including potentially affected communities and relevant civil society organisations , against the standards of their value chain policy;


### implement a strategy to respond to the identified risks designed so as to prevent or mitigate adverse impacts by: ### implement a strategy to respond to the identified risks designed so as to prevent , mitigate and address adverse impacts by:


### reporting findings of the supply chain risk assessment to senior management designated for that purpose; ### reporting findings of the value chain risk assessment to senior management designated for that purpose;


### (ii) adopting risk management measures consistent with annex ii to the oecd due diligence guidance , considering their ability to influence , and where necessary take steps to exert pressure on suppliers who can most effectively prevent or mitigate the identified risk; ### (ii) adopting risk management measures consistent with internationally recognised due diligence standards listed in annex x , point 3 , and where necessary take steps to exert pressure on business relationships who can most effectively prevent or mitigate the identified risk;


### (iii) implementing the risk management plan , monitoring and tracking performance of risk mitigation efforts , reporting back to senior management designated for this purpose and considering suspending or discontinuing engagement with a supplier after failed attempts at mitigation , based on relevant contractual arrangements in line with the second subparagraph to paragraph 2 above; ### (iii) implementing the risk management plan , monitoring and tracking performance of risk mitigation efforts , reporting back to senior management designated for this purpose and considering suspending or discontinuing engagement with a business relationship after failed attempts at mitigation , based on relevant contractual arrangements in line with the second subparagraph to paragraph 2 above;


### if the economic operator referred to in paragraph 1 pursues risk mitigation efforts while continuing trade or temporarily suspending trade , it shall consult with suppliers and with the stakeholders concerned , including local and central government authorities , international or civil society organisations and affected third parties , and agree on a strategy for measurable risk mitigation in the risk management plan. ### it shall consult with suppliers and with the stakeholders concerned , including local and central government authorities , international or civil society organisations and potentially affected communities , and agree on a strategy for measurable risk mitigation in the risk management plan.


### the economic operator referred to in paragraph 1 shall identify and assess the probability of adverse impacts in the risk categories listed in annex x , point 2 , in its supply chain based on available reports by third-party verification done by a notified body concerning the suppliers in that chain , and , by assessing , as appropriate , its due diligence practices. those verification reports shall be in accordance with the first subparagraph in paragraph 4. in the absence of such third-party verification reports concerning suppliers , the economic operator referred to in paragraph 1 shall identify and assess the risks in its supply chain as part of its own risk management systems. in such cases , economic operators referred to in paragraph 1 shall carry out third party verifications of its own supply chains due diligence via a notified body in accordance with the first subparagraph in paragraph 4. ### the economic operator referred to in paragraph 1 shall identify and assess the probability of adverse impacts in the risk categories listed in annex x , point 2 , in its value chain. the economic operator referred to in paragraph 1 may make use of third-party verification reports for that purpose.


### have as its objective the determination of conformity of the supply chain due diligence practices of economic operators placing batteries on the market with paragraphs 2 , 3 and 5; ### have as its objective the determination of conformity of the supply chain due diligence practices of economic operators placing batteries on the market with paragraphs 2 , 3 and 5 , and where relevant , carry out checks and gather information from stakeholders , including potentially affected communities and relevant civil society organisations;


### e. whereas in the chemicals strategy for sustainability , the commission stresses the need to introduce or reinforce provisions to take into account the combination effects of chemicals , including for toys; ### e. whereas the chemicals strategy for sustainability , commits the commission to introduce or reinforce provisions to ensure that consumer products , including for toys , do not contain chemicals that cause cancers , gene mutations , affect the reproductive or the endocrine system , or are persistent and bioaccumulative; in addition , the chemicals strategy for sustainability commits the commission to assess modalities and timing for extending the generic approach to risk management , with regard to consumer products , to further harmful chemicals , including those affecting the immune , neurological or respiratory systems and chemicals toxic to a specific organ;


### 3. recognises the key role of standards in allowing for the efficient and agile application of the directive by manufacturers , as well as the role of notified bodies in ensuring compliance when standards are not available or are not applied; ### 3. recognises the key role of standards in allowing for the efficient and agile application of the directive by manufacturers , as well as the role of notified bodies in ensuring compliance when standards are not available or are not applied; stresses the need to have open , inclusive , sustainable , transparent and high-quality standards , with the highest protection of personal data and privacy. standards should also be technology neutral and performance based , ensuring equal conditions of competition among economic operators , in particular smes;


### a. whereas strong protection and enforcement of intellectual property rights (ipr) , which play a huge role in the european economy , are essential; ### a. whereas a balanced protection and enforcement of intellectual property rights (ipr) , are essential to the european economy as well as to eu’s recovery and resilience;


### b. whereas although intellectual property rights (ipr) are well regulated in most member states , infringements and hold-backs are jeopardising the open system that leads to innovations; whereas counterfeit products are still abundant in the single market , with most of them entering the eu through the digital market , causing financial losses of approximately eur 60 billion per year; ### b. whereas although intellectual property rights (ipr) are well regulated in most member states exceptions and limitations are still lacking in many areas , infringements are jeopardising the exclusivity of these rights , while the legal framework would deserve more openness , especially in a post-covid world , in order to allow for more legal uses serving innovation , not only for the benefit of society as a whole but also in the aim of placing the eu in a leading innovation position in the world;


### b. whereas knowledge-intensive industries are source of growth and prosperity; whereas between 2012 and 2016 they generated almost 30 % of all jobs and almost 45 % of total economic activity (gdp) in the eu , as shown in the 2019 industry-level analysis report by the european patent office (epo) and the eu intellectual property office (euipo)8 ; ### b. whereas knowledge-intensive industries are source of growth; whereas between 2012 and 2016 they generated almost 30 % of all jobs and almost 45 % of total economic activity (gdp) in the eu , as shown in the 2019 industry-level analysis report by the european patent office (epo) and the eu intellectual property office (euipo)8 ;


### – having regard to the european union charter of fundamental rights , in particular article 17 thereof , ### – having regard to the european union charter of fundamental rights , in particular article 17 paragraph 2 thereof ,


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


### 1. welcomes the communication on an intellectual property action plan to support the eu’s recovery and resilience , but regrets that the focus on international cooperation and assistance to developing countries is poorly addressed; ### 1. takes note of the communication on an intellectual property action plan to support the eu’s recovery and resilience , but regrets that the focus on international cooperation and assistance to developing countries is only addressed through the lens of technical cooperation programmes , with a view to promoting better generation and management of intellectual property (ip); deplores that it fails to address explicitly the need to promote technology transfer , notably to fight against the covid-19 pandemic and climate change , which is of primary importance for developing countries , notably ldcs and low and middle-income countries;


### smes ### easier access to and sharing of ip-protected assets for smes and for the public interest


### 2. highlights that iprs have many benefits for small and medium-sized enterprises (smes) , since smes that own iprs have 68 % higher revenue per employee compared to smes that do not; is therefore concerned that only approximately 9 % of smes own iprs; welcomes , therefore , the ip vouchers , the ip-scan and other initiatives of the commission and the euipo to help smes make the most of their intellectual property (ip) assets; ### 2. highlights that iprs have many benefits for small and medium-sized enterprises (smes); is therefore concerned that many smes have difficulties to determine their own ip strategy and to manage their iprs; welcomes , therefore , the ip vouchers , the ip-scan and other initiatives of the commission and the euipo to help smes make the most of their intellectual property (ip) assets;


### 2. calls on the commission to continue strengthening intellectual property rights (ipr) protection and enforcement in non-eu countries through eu-funded technical cooperation programmes; welcomes in particular the intention to promote better generation and management of intellectual property (ip) on the african continent as part of a joint partnership building on the current four-year cooperation programme for africa; ### 2. recalls that the post-pandemic global recovery should be aligned with international commitments on climate change and agenda 2030; accordingly , believes that the global green transition requires a balance between the rules on ipr protection and technology transfer; recalls the previous efforts in unctad to develop a cod eof conduct on technology transfer;calls on the eu and its member states to take initiatives to reinvigorate it; but urges the commission to refrain from harnessing ip chapters in the context of fta (ftas) , without addressing the concerns of ldcs and low and middle income countries in terms of technology transfer;


### 3. strongly encourages the commission to assist producers and their associations as well as local authorities in developing countries in unlocking the potential of ip and reaping the economic value of local innovations , geographical indications and traditional knowledge; reiterates its call , in this regard , to respect the progress achieved in the international protection of indigenous peoples’ rights over their genetic resources and associated traditional knowledge; ### 3. strongly encourages the commission to assist producers and their associations as well as local authorities in developing countries in unlocking the potential of ip and reaping the economic value of local innovations , geographical indications and traditional knowledge; reiterates its call , in this regard , to respect the progress achieved in the international protection of indigenous peoples’ rights over their genetic resources and associated traditional knowledge; more broadly , calls on the eu and its member states to support regional projects such as the african continental free trade agreement , which should favour products of local enterprises and in this way support regional industrialisation processes;


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


### 5. encourages the member states that are not yet participating in enhanced cooperation for the creation of unitary patent protection and/or have not yet acceded to the upca , to do so; ### deleted


### 5. welcomes , as a positive step , the recently announced us support for a proposal to temporarily waive certain provisions of the agreement on trade-related aspects of intellectual property rights for the prevention , containment and treatment of covid-19; urges the commission , therefore , to follow through on its promise to engage in active and constructive text-based negotiations at world trade organization level. ### 5. welcomes the declarations of wto director-general ngozi okonjo-iweala at the meeting of parliament’s committee on international trade of 20 may 2021 , according to which the existing trips flexibilities are too burdensome and more flexibility is needed; welcomes , in this context , the decision of the biden-harris administration in the us to support the waiving of intellectual property protections for covid-19 vaccines; recalls the declaration of president von der leyen according to which covid-19 vaccines should be considered a global public good; accordingly , urges the eu to constructively and proactively engage in text-based negotiations for a temporary trips waiver for all products and technologies including vaccines , treatments and diagnostics needed to respond to the covid-19 pandemic and to issue , with that purpose , a negotiation mandate;


### 6. welcomes the one-stop-shop alternative dispute resolution system to be established under article 35 of the upca; asks the member states to enable the quick roll-out of the patent arbitration and mediation centre and calls on the commission to assess whether the centre could , in the long term , deal with all ip disputes; ### 6. welcomes the one-stop-shop alternative dispute resolution system to be established under article 35 of the upca; asks the member states to enable the quick roll-out of the patent arbitration and mediation centre with the concern to allow the parties to still have contact points in their country of residence so that their right for access to justice is not undermined , and calls on the commission to assess whether the centre could , in the long term , deal with all ip disputes;


### 8. acknowledges that the upp does not provide for a unitary spc title and calls on the member states to support the establishment of such a title as a logical extension of unitary patent protection; ### 8. acknowledges that the upp does not provide for a unitary spc title;


### 9. asks the commission , in the absence of a unitary spc title , to ensure coherence between the upcoming unitary patent and current spc regimes within the eu by clarifying that national spcs may be granted by national patent offices on the basis of a unitary patent; ### deleted


### 13. acknowledges the importance of a balanced licensing system for seps and insists on the importance of stable , efficient and fair rules in that regard; underlines that ‘fair , reasonable and non-discriminatory terms’ (frand) are vague legal terms that include legal uncertainty and calls on the commission to monitor industry developments and provide more clarity on various aspects of frand , including through designating an observatory (a competence centre) to that effect , and to publish annual reports evidencing actual cases of non-compliance with frand and so-called patent ‘hold-up’ and patent ‘hold-out’; ### 13. acknowledges the importance of a balanced licensing system for seps and insists on the importance of stable , efficient and fair rules in that regard; underlines that ‘fair , reasonable and non-discriminatory terms’ (frand) are vague legal terms that include legal uncertainty and calls on the commission to monitor industry developments and provide more clarity on various aspects of frand and to publish annual reports evidencing actual cases of non-compliance with frand and so-called patent ‘hold-up’ and patent ‘hold-out’;


### 14. supports the commission in its initiative to establish eu sui generis protection of geographical indications (gis) for non-agricultural products in order to align to the geneva act of the lisbon agreement on appellations of origin and geographical indications , which includes the possibility to protect gis for both agricultural and non-agricultural products; ### 14. supports the commission in its initiative to consider the feasibility of establishing an efficient and transparent eu sui generis protection of geographical indications (gis) for non-agricultural products , on the basis of a thorough impact assessment of its potential costs and benefits , in order to align to the geneva act of the lisbon agreement on appellations of origin and geographical indications , which includes the possibility to protect gis for both agricultural and non-agricultural products;


### 15. takes note that some member states have already established national sui generis protection systems for gis for non-agricultural products , creating fragmentation , and that protection at union level would bring the necessary legal certainty to all players; ### 15. takes note that some member states have already established national sui generis protection systems for gis for non-agricultural products , creating fragmentation , and that protection at union level would bring the necessary legal certainty to all players , so that the eu can strengthen its interests at international level;


### 16. welcomes the commission’s willingness to revise union legislation on design protection to better support the transition to the digital and green economy and calls on the commission to update the registration procedure to allow for new forms of design to be protected in an easy and less burdensome way; ### 16. welcomes the commission’s willingness to modernise union legislation on design protection to better support the transition to the digital and green economy and calls on the commission to update the registration procedure to allow for new forms of design to be protected in an easy and less burdensome way;


### counterfeiting and piracy ### fighting ipr infringements


### 19. points out that counterfeit goods , in particular counterfeit medicines and fake personal protective equipment and masks in the context of the covid-19 pandemic , can have serious impacts on the health of eu citizens and can cause serious harm to public health; ### 19. points out that some counterfeit goods , in particular counterfeit medicines and fake personal protective equipment in the context of health crisis , can have serious impacts on the health of eu citizens and can cause serious harm to public health;


### 20. highlights that in 2016 , up to 6.8 % of eu imports , or a value of eur 121 billion , were fake goods and that ipr infringement entails a low level of risk in terms of both the likelihood of detection and the punishment if detected; urges the member states to develop effective and dissuasive sanctions to fight counterfeiting and piracy; ### 20. highlights that in 2016 , up to 6.8 % of eu imports , or a value of eur 121 billion , were fake goods and that ipr infringement entails a low level of risk in terms of both the likelihood of detection and the sanction if detected; urges the member states to develop effective and dissuasive sanctions to fight counterfeiting , especially when it is connected to organised crime , and enhance legal certainty for ipr holders and users;


### 21. stresses that the internet is significantly used to distribute counterfeit products and ipr-infringing services and welcomes the proposal of the commission for a digital services act; highlights the fact that proactive measures from intermediaries would contribute enormously to the fight against counterfeiting and that ai and blockchain could play an important role in detecting counterfeit and piracy and enforcing ipr in the whole supply chain; supports , therefore , the use of new technologies to combat ip infringements and welcomes publications produced by the euipo observatory; ### 21. stresses that the use of digital technologies to support the fight against ipr infringements can be developed only under the conditions set out by the legal framework on the liability of internet intermediaries and on ipr protection , but also following proper checks , including by the judiciary , pertaining to their incidence on fundamental rights; welcomes evidence-based publications produced by the euipo observatory;


### 23. highlights that ip protection related to ai technologies is important and that even though current rules on the protection of computer-implemented inventions by patents may cover ai technologies , clear criteria for the protection of inventions created with the help of ai technologies are necessary; asks the commission , therefore , in cooperation with the epo and euipo , to provide legal certainty on this subject and to follow the issue closely at international level in the wipo; ### 23. highlights that ip protection related to ai technologies is important and should be duly considered; notes that clear criteria for the protection of inventions created with the help of ai technologies are necessary; asks the commission , therefore , in cooperation with the epo and euipo , to provide legal certainty on this subject and to follow the issue closely at international level in the wipo;


### 25. notes that ipr protection is key in encouraging companies to invest in innovative products and processes and to produce new medicines , but is convinced that compulsory licensing of patents is important as a last-resort tool meant to allow life-saving interventions in the public interest; calls on the commission , therefore , to analyse and explore possible options for ensuring effectiveness and better coordination of compulsory licensing in the eu , taking into account cases in which it has been used in the union , the reasons for its use , the conditions under which it was granted , its economic consequences and whether it achieved the desired effect; ### 25. notes that ipr protection is key in encouraging companies to invest in innovative products and processes and to produce new medicines , but is convinced that compulsory licensing and voluntary pooling of patents is important as a tool meant to allow life-saving interventions in the public interest; calls on the commission , therefore , to analyse and explore possible options for ensuring effectiveness and better coordination of compulsory licensing in the eu , taking into account cases in which it has been used in the union , the reasons for its use , the conditions under which it was granted , its economic consequences and whether it achieved the desired effect in the aim of making full implementation of the flexibilities provided in the wto trips agreement; reiterates its call to support proactive , constructive and text-based negotiations for a temporary waiver of the wto trips agreement , aiming to enhance global access to affordable covid-19-related medical products and to address global production constraints and supply shortages;


### 26. suggests that an ip coordinator be established at european level in order to ensure a holistic and coordinated approach to eu ip policy and enhance cooperation between the different national ip authorities , the directorates-general of the commission and other bodies in charge of ipr , such as the epo , euipo and wipo; ### deleted


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


### c. whereas many barriers affecting the single market derive from incorrect or incomplete application of eu legislation; ### c. whereas certain barriers affecting the single market derive from incorrect or incomplete application of eu legislation and poor access to the necessary information;


### d. whereas insufficient or incorrect implementation and lack of enforcement have damaging consequences both at eu and national level for citizens and businesses; ### d. whereas disparities in implementation and inadequate enforcement of legislation may have damaging consequences both at eu and national level for citizens and businesses;


### e. whereas the current commission has not yet come forward with a comprehensive legislative package addressing failures in the exercise of the core freedoms of the single market beyond enforcement , other than digital initiatives; whereas parliament and council failed to adopt the core initiatives of the 2016 services package; ### e. whereas the current commission is legitimately affording priority to implementing and enforcing recently adopted existing legislation addressing failures in the exercise of the core freedoms of the single market , while also announcing initiatives in the digital sector;


### f. whereas 71 % of smes that tried the current mutual recognition system for non-harmonised goods received a market access denial decision; ### f. whereas 71 % of smes that tried the current mutual recognition system for non-harmonised goods received a market access denial decision , and whereas the recent review of the regulation governing this system aimed to make it easier for companies to apply it by providing a better framework for national decision-making;


### g. whereas thecovid-19 crisis has been a shock both to production and consumption , and has reshaped domestic and cross-border activities; whereas some of these effects may be temporary , but others will have lasting consequences on the shape and needs of the single market; ### g. whereas the covid-19 crisis has been a shock both to production and consumption , and has reshaped domestic and cross-border activities , impacting workers , companies and consumers alike; whereas some of these effects may be temporary , but others will have lasting consequences on the shape and needs of the single market; whereas the pandemic has demonstrated the advanced level of european integration and the importance of regulation , strong institutions , public services and high social standards; whereas the path to recovery must be paved by sustainable development , fair transitions , social inclusion and the creation of quality jobs


### 1. welcomes the single market governance package of march 2020 , which aims to improve the implementation and enforcement of european legislation; considers that it is only a partial answer to the deficiencies hampering the proper functioning of the common market; ### 1. welcomes the single market governance package of march 2020 , which aims to improve the implementation and enforcement of european legislation; considers that it is an initial answer to the deficiencies hampering the proper functioning of the common market , in particular the achievement of the eu's fundamental objectives in respect of sustainable development and a social market economy , striving for full employment and social progress , as well as a high level of protection and improvement of the quality of the environment , as article 3 of the treaty on european union stipulates;


### 1. underlines that the food and drink industry is the eu’s biggest manufacturing sector , employing more than 4.82 million people and adding eur 266 billion in value; highlights the importance of a smoothly functioning single market in unlocking the full potential of the eu agri-food sector , stimulating greater competitiveness , growth and the creation of jobs; ### 1. underlines that the food and drink industry is the eu’s biggest manufacturing sector , employing more than 4.82 million people and adding eur 266 billion in value; emphasises that the coronavirus crisis has shown us just how important production geared to local markets is for a smoothly functioning single market which can unlock the full potential of the eu agri-food sector , in particular given the international competition for markets and with a view to creating jobs at regional and local level;


### 2. underlines that the single market remains the european union’s greatest achievement; urges the commission , therefore , to refocus resources at issues plaguing the single market , in particular non-tariff barriers (ntbs) , which continue to limit opportunities for consumers and businesses; ### 2. underlines that the single market remains the european union’s greatest achievement; urges the commission , therefore , to use the dedicated single market resources at its disposal under the multiannual financial framework to strengthen its governance and improve its functioning , in particular with regard to non-tariff barriers , in particular in respect of non-tariff barriers (ntbs) , which continue to limit opportunities for consumers and businesses;


### 2. stresses that the proper functioning of the single market is key to safeguarding agri-food supplies across the eu and is the best tool to ensure recovery for all; notes that in some member states the covid-19 pandemic has led to certain types of local restrictions; recalls that national measures cannot undermine the fundamental principles of the single market; ### 2. stresses that the proper functioning of the single market is key to safeguarding agri-food supplies across the eu and is the best tool to ensure recovery for all; notes that in some member states the covid-19 pandemic has led to certain types of local restrictions; recalls that national measures must support and not undermine the fundamental principles of the single market , and points out that at times of crisis a food production system geared to international markets is much more vulnerable than one with a local or regional focus;


### 3. underlines that the achievement of the objectives in the green deal and european digital agendas is based on the effective functioning of the single market , which is a key enabler of market efficiency and innovation and tool for modernising european economies; believes , therefore , that the single market’s shortcomings deserve at least the same level of attention as the green deal and the european digital agenda; reaffirms its own commitment to developing and safeguarding a robust , consumer- and business-friendly internal market; ### 3. underlines that the achievement of the objectives in the green deal and european digital agendas is based on the effective functioning of the single market , which is a key enabler of market efficiency and innovation and tool for modernising european economies; reaffirms its own commitment to developing and safeguarding a robust , durable consumer- , worker- and business-friendly internal market;


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


### 4. regrets that overlooked ntbs undermine the eu’s industrial strategy goals , especially reshoring of production and strengthening the resilience of the european economy; ### 4. stresses that a strong and integrated single market , in which unjustified and discriminatory barriers have been eliminated , is a prerequisite for achieving the eu’s industrial strategy goals , especially reshoring of production and strengthening the resilience of the european economy;


### 4. notes the recent increase in national labelling requirements for food and drink products; underlines that these requirements must be justified and proportional , and should not create obstacles to the smooth movement of food products across the eu; ### 4. notes the recent increase in national labelling requirements for food and drink products due to consumers’ broad interest in food and its health , environmental , social and animal welfare impacts; underlines that these requirements must be traceable and proportional , should be easy to comprehend for consumer and enable a smooth movement of food products across the eu;


### 5. acknowledges that certain ntbs can be justified and originate from multi-level governance; urges the member states , where such ntbs are absolutely essential , to ensure their proportionality and strict alignment with legitimate public policy objectives; ### 5. recalls that regulations which are useful for achieving a legitimate public policy objective should not be considered as ntbs but as a justified and legitimate means of legislating in the general interest; adds that the objective of abolishing ntbs must not challenge the member states' right to regulate; urges the member states , where such regulations are absolutely essential , to ensure their proportionality and non-discriminatory nature;


### 6. points out that the commission and stakeholders have identified a group of key barriers to cross-border activities , among them: ### 6. points out that the commission and stakeholders have identified a group of barriers to cross-border activities , among them:


### a) regulatory disparities and inconsistent implementation of eu law , which force companies to commit resources to the laborious process of analysing provisions that are harmonised at eu level , diverting investments away from activities that create jobs or support growth; ### unjustified regulatory disparities and inadequate implementation of eu law;


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


### c) additional technical requirements adopted at the national level and implemented beyond the requirements set by european law (gold-plating); ### deleted


### d) a lack of harmonised standards increasing the compliance cost for companies operating cross-border; ### a lack of harmonised standards , and where these exist , insufficient knowledge on the part of companies of the obligations incumbent upon them;


### 7. emphasises that the ntbs severely impact the services sector and thereby other segments of the economy underpinned by the services sector; highlights that in its report , the commission was able to identify 24 specific restrictions across 13 sectors which breach rules established by the services directive , including some which are discriminatory or are requirements on establishment or nationality4; ### 7. emphasises that ntbs may impact , inter alia , the services sector and thereby other segments of the economy underpinned by the services sector , while recognising the need to enhance monitoring , transparency and accountability all along the supply and value chains; highlights that in its report , the commission was able to identify 24 specific restrictions across 13 sectors , including some which are discriminatory or are requirements on establishment or nationality4; acknowledges that the report shows an overall decrease in the level of barriers in almost all the sectors assessed; stresses that 'the objective of the exercise was to document the presence or absence of restrictions. the assessment of proportionality of restrictions was outside of the scope of the exercise and the exercise did not assess whether the relevant restriction was justified or proportionate.'4 a


### 8. recalls that a considerable number of problems with the cross-border provision of services stem from administrative practices introduced by the country of destination , and not from incompatibility with eu law; ### deleted


### 9. recognises the insufficient use of the notification procedure under the services directive; calls on the commission to reflect on improving this framework , possibly by means of a new initiative which would increase clarity and transparency on the measures that need to be notified , while remaining cautious in order to not undermine the services directive and avoiding the situation which led to the withdrawal of the previous proposal; ### 9. recognises the insufficient use of the notification procedure under the services directive; notes the commission's intention to update the handbook on implementation of the services directive to incorporate aspects arising from the most recent case-law and to provide greater clarity to the relevant national authorities on how to apply this legislation;