### (43) addressing cybersecurity risks stemming from an entity’s supply chain and its relationship with its suppliers is particularly important given the prevalence of incidents where entities have fallen victim to cyber-attacks and where malicious actors were able to compromise the security of an entity’s network and information systems by exploiting vulnerabilities affecting third party products and services. entities should therefore assess and take into account the overall quality of products and cybersecurity practices of their suppliers and service providers , including their secure development procedures. ### (43) addressing cybersecurity risks stemming from an entity’s supply chain and its relationship with its suppliers is particularly important given the prevalence of incidents where entities have fallen victim to cyber-attacks and where malicious actors were able to compromise the security of an entity’s network and information systems by exploiting vulnerabilities affecting third party products and services. entities should therefore assess and take into account the overall quality of products and cybersecurity practices of their suppliers and service providers , including their secure development procedures in accordance with union cybersecurity standards and laws and potential non-technical risk factors , such as undue influence by a third country on suppliers and service providers , especially in the case of alternative models of governance. such risks include concealed vulnerabilities or backdoors and potential systemic supply disruptions , especially in case of technological lock-in or provider dependency.


### (73) where administrative fines are imposed on an undertaking , an undertaking should be understood to be an undertaking in accordance with articles 101 and 102 tfeu for those purposes. where administrative fines are imposed on persons that are not an undertaking , the supervisory authority should take account of the general level of income in the member state as well as the economic situation of the person in considering the appropriate amount of the fine. it should be for the member states to determine whether and to what extent public authorities should be subject to administrative fines. imposing an administrative fine does not affect the application of other powers by the competent authorities or of other penalties laid down in the national rules transposing this directive. ### (73) where administrative fines are imposed on an undertaking , an undertaking should be understood to be an undertaking in accordance with articles 101 and 102 tfeu for those purposes. where administrative fines are imposed on persons that are not an undertaking , the supervisory authority should take account of the general level of income in the member state as well as the economic situation of the person in considering the appropriate amount of the fine , without prejudice to the objectives of this directive. it should be for the member states to determine whether and to what extent public authorities should be subject to administrative fines. imposing an administrative fine does not affect the application of other powers by the competent authorities or of other penalties laid down in the national rules transposing this directive.


### a policy related to sustaining the general availability and integrity of the public core of the open internet; ### a policy related to sustaining the general availability and integrity of the public core of the open internet , including the cybersecurity of internet backbones and , where applicable , of undersea communications cables;


### csirts shall be adequately staffed to ensure availability at all times; ### csirts shall be adequately staffed to properly fulfil the tasks in paragraph 2 of this article and to ensure availability at all times;


### 3. the cooperation group shall be composed of representatives of member states , the commission and enisa. the european external action service shall participate in the activities of the cooperation group as an observer. the european supervisory authorities (esas) in accordance with article 17(5)(c) of regulation (eu) xxxx/xxxx [the dora regulation] may participate in the activities of the cooperation group. ### 3. the cooperation group shall be composed of representatives of member states , the commission , enisa , and the european defence agency. the european external action service shall participate in the activities of the cooperation group as an observer. national supervisory authorities for artificial intelligence , national competent authorities for data governance , and the european supervisory authorities (esas) in accordance with article 17(5)(c) of regulation (eu) xxxx/xxxx [the dora regulation] may participate in the activities of the cooperation group.


### 2. member states shall ensure that members of the management body follow specific trainings , on a regular basis , to gain sufficient knowledge and skills in order to apprehend and assess cybersecurity risks and management practices and their impact on the operations of the entity. ### 2. member states shall ensure that members of the management body follow specific trainings , on a regular basis , to gain sufficient knowledge and skills in order to apprehend and assess cybersecurity risks and management practices and their impact on the operations of the entity. member states should encourage essential and important entities to evaluate , on a regular basis , members of the management bodies referenced in paragraph 1 on the adequacy of their skills for ensuring compliance with article 18.


### business continuity and crisis management; ### backup management , business continuity and crisis management;


### article 39 ### deleted


### articles 40 and 41 of directive (eu) 2018/1972 are deleted. ### articles 40 and 41 of directive (eu) 2018/1972 are deleted 18 months after the date of entry into force of this directive.


### (40) risk-management measures should include measures to identify any risks of incidents , to prevent , detect and handle incidents and to mitigate their impact. the security of network and information systems should comprise the security of stored , transmitted and processed data. ### (40) risk-management measures should include measures to identify any risks of incidents , to prevent , detect and handle incidents and to mitigate their impact. the security of network and information systems should comprise the security of stored , transmitted and processed data. it must be approached using systemic analysis that break down the various processes and the interactions between the subsystems , in order to have a complete picture of the security of the information system. the human factor should be fully taken into account in the analysis.


### (45) entities should also address cybersecurity risks stemming from their interactions and relationships with other stakeholders within a broader ecosystem. in particular , entities should take appropriate measures to ensure that their cooperation with academic and research institutions takes place in line with their cybersecurity policies and follows good practices as regards secure access and dissemination of information in general and the protection of intellectual property in particular. similarly , given the importance and value of data for the activities of the entities , when relying on data transformation and data analytics services from third parties , the entities should take all appropriate cybersecurity measures. ### (45) entities should also address cybersecurity risks stemming from their interactions and relationships with other stakeholders within a broader ecosystem , including to counter industrial espionage and to protect trade secrets. in particular , entities should take appropriate measures to ensure that their cooperation with academic and research institutions takes place in line with their cybersecurity policies and follows good practices as regards secure access and dissemination of information in general and the protection of intellectual property in particular. similarly , given the importance and value of data for the activities of the entities , when relying on data transformation and data analytics services from third parties , the entities should take all appropriate cybersecurity measures.


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


### (63) all essential and important entities under this directive should fall under the jurisdiction of the member state where they provide their services. if the entity provides services in more than one member state , it should fall under the separate and concurrent jurisdiction of each of these member states. the competent authorities of these member states should cooperate , provide mutual assistance to each other and where appropriate , carry out joint supervisory actions. ### (63) all essential and important entities under this directive should fall under the jurisdiction of the member state where they provide their services or carry out their activities. if the entity provides services in more than one member state , it should fall under the separate and concurrent jurisdiction of each of these member states. the competent authorities of these member states should cooperate , provide mutual assistance to each other and where appropriate , carry out joint supervisory actions.


### (13) ‘domain name system (dns)’ means a hierarchical distributed naming system which allows end-users to reach services and resources on the internet; ### (13) ‘domain name system (dns)’ means a hierarchical , distributed naming system which is used to identify internet services and resources , allowing end user devices to make use of internet routing and connectivity services to reach those services and resources.


### (2) batteries are thus an important source of energy and one of the key enablers for sustainable development , green mobility , clean energy and climate neutrality. it is expected that the demand for batteries will grow rapidly in the coming years , notably for electric road transport vehicles using batteries for traction , making this market an increasingly strategic one at the global level. significant scientific and technical progress in the field of battery technology will continue. in view of the strategic importance of batteries , and to provide legal certainty to all operators involved and to avoid discrimination , barriers to trade and distortions on the market for batteries , it is necessary to set out rules on sustainability parameters , performance , safety , collection , recycling and second life of batteries as well as on information about batteries. it is necessary to create a harmonised regulatory framework for dealing with the entire life cycle of batteries that are placed on the market in the union. ### (2) batteries are thus an important source of energy and one of the key enablers for sustainable development , green mobility , clean energy and climate neutrality. it is expected that the demand for batteries will grow rapidly in the coming years , notably for electric road transport vehicles using batteries for traction , making this market an increasingly strategic one at european and the global level. significant scientific and technical progress in the field of battery technology will continue. in view of the strategic importance of batteries and the battery value chain , and to provide legal and investment certainty to all operators involved and to avoid discrimination , barriers to trade and distortions on the market for batteries , it is necessary to set out rules on sustainability parameters , performance , safety , collection , recycling and second life of batteries as well as on information about batteries. it is necessary to create a harmonised regulatory framework for dealing with the entire life cycle of batteries that are placed on the market in the union and ensure that all batteries entering the internal market from non-eu countries also meet the high standards set by this regulation.


### raw material acquisition and pre-processing ### includes mining and pre-processing , up to the manufacturing of battery cells and batteries components (active materials , separator , electrolyte , casings , active and passive battery components) , and electric/electronics components.


### the use phase should be excluded from the lifecycle carbon footprint calculations , as not being under the direct influence of manufacturers unless it is demonstrated that choices made by battery manufacturers at the design stage can make a non-negligible contribution to this impact. ### the use phase can only be excluded from the lifecycle carbon footprint calculations when manufacturers can reliably demonstrate that design choices did not lead to a non-negligible contribution to this impact.


### – raw material acquisition and pre-processing stage ### – raw material acquisition , including transport , and pre-processing stage


### depending on the distribution of the values of the batteries’ carbon footprint declarations placed in the eu internal market , a meaningful number of classes of performance will be identified , with category a being the best class with the lowest carbon footprint life cycle impact , to allow for market differentiation. ### depending on the distribution of the values of the batteries’ carbon footprint declarations and data quality ratings placed in the eu internal market , a meaningful number of classes of performance will be identified , with category a being the best class with the lowest carbon footprint life cycle impact , to allow for market differentiation.


### based on the information collected through the carbon footprint declarations and the relative distribution of the carbon footprint performance classes of battery models placed on the market , and taking into account the scientific and technical progress in the field , the commission will identify maximum lifecycle carbon footprint thresholds for rechargeable industrial and electric vehicle batteries , further to a dedicated impact assessment to determine those values. ### based on the information collected through the carbon footprint declarations and the relative distribution of the carbon footprint performance classes of battery models placed on the market , and taking into account the scientific and technical progress in the field , the commission will identify maximum lifecycle carbon footprint thresholds for industrial , electric vehicle and light means of transport batteries , further to a dedicated impact assessment to determine those values.


### electrochemical performance and durability parameters for portable batteries of general use ### electrochemical performance and durability parameters for portable batteries


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


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


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


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


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


### the qr code shall be 100% black and of a size that is easily readable by a commonly available qr reader , such as those integrated in hand-held communication devices. ### the qr code shall have a high contrast between the background and symbol and be of a size that makes it easily readable by a commonly available qr reader , such as those integrated in hand-held communication devices.


### for each battery model , and where applicable , for each batch that the manufacturer or the importer places on the union market , the mentioned economic operator shall carry out one or more tests on one or more specific aspects of the battery model or batch of batteries in order to verify conformity with the corresponding requirements referred to in point 1. for large battery batches , the manufacturer , the authorised representative or the importer shall choose a statistically representative sample of batteries. ### for each battery model that the manufacturer or the importer places on the union market , the mentioned economic operator shall carry out one or more tests on one or more specific aspects of the battery model , using a statistically representative sample of batteries for this model , in order to verify conformity with the corresponding requirements referred to in point 1.


### 1. battery model (product , type , batch or serial number): ### 1. battery model (product , type or serial number):


### air; ### air , including air pollution;


### water; ### water , including pollution and depletion of freshwater , drinking water , oceans and seas; access to drinking water;


### soil; ### soil , including soil contamination from waste disposal and treatment;


### biodiversity; ### biodiversity , including damage to natural habitats , wildlife , flora and ecosystems;


### community life. ### community life , including life of indigenous communities.


### 1. producers or , where appointed in accordance with article 47(2) , producer responsibility organisations acting on their behalf , and member states shall calculate the collection rate as the percentage obtained by dividing the weight of waste portable batteries excluding waste batteries from light means of transport , collected in accordance with article 48 and article 55 , respectively , in a given calendar year in a member state by the average weight of such batteries that producers either sell directly to end-users or deliver to third parties in order to sell them to end-users in that member state during that year and the preceding two calendar years. ### 1. producers or , where appointed in accordance with article 47(2) , producer responsibility organisations acting on their behalf , and member states shall calculate the collection rate as the percentage obtained by dividing the weight of waste portable batteries , collected in accordance with article 48 and article 55 , respectively , in a given calendar year in a member state by the average weight of such batteries that producers either sell directly to end-users or deliver to third parties in order to sell them to end-users in that member state during that year and the preceding two calendar years.


### 2. producers or , where appointed in accordance with article 47(2) , producer responsibility organisations acting on their behalf , and member states shall calculate the annual sales of portable batteries , excluding batteries from light means of transport , to end-users in a given year , as the weight of such batteries made available on the market for the first time within the territory of the member state in the year concerned , excluding any portable batteries that have left the territory of that member state in that year before being sold to the end users. ### 2. producers or , where appointed in accordance with article 47(2) , producer responsibility organisations acting on their behalf , and member states shall calculate the annual sales of portable batteries , to end-users in a given year , as the weight of such batteries made available on the market for the first time within the territory of the member state in the year concerned , excluding any portable batteries that have left the territory of that member state in that year before being sold to the end users.


### 35 % for lithium; ### 60 % for lithium;


### 70 % for lithium; ### 85 % for lithium;


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


### (10) this regulation should apply to all types of batteries and accumulators placed on the market or put into service within the union , whether on their own or incorporated into appliances or otherwise supplied with electrical and electronic appliances and vehicles. this regulation should apply regardless of whether a battery is specifically designed for a product or is of general use and regardless of whether it is incorporated into a product or is supplied together with or separately from a product in which it is to be used. ### (10) this regulation should apply to all types of batteries and accumulators placed on the market or put into service within the union , regardless if they were produced in the union or imported , whether on their own or incorporated into appliances or otherwise supplied with electrical and electronic appliances and vehicles. this regulation should apply regardless of whether a battery is specifically designed for a product or is of general use and regardless of whether it is incorporated into a product or is supplied together with or separately from a product in which it is to be used.


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


### (12) within the regulation’s wide scope , it is appropriate to distinguish between different categories of batteries in accordance with their design and use , independent of the battery chemistry. the classification into portable batteries , on one hand , and industrial batteries and automotive batteries on the other hand under directive 2006/66/ec should be further developed to better reflect new developments in the use of batteries. batteries that are used for traction in electric vehicles and which under directive 2006/66/ec fall in the category of industrial batteries , constitute a large and growing part of the market due to the quick growth of electric road transport vehicles. it is therefore appropriate to classify those batteries that are used for traction in road vehicles as a new category of electric vehicle batteries. batteries used for traction in other transport vehicles including rail , waterborne and aviation transport , continue to fall under the category of industrial batteries under this regulation. the industrial battery type encompasses a broad group of batteries , intended to be used for industrial activities , communication infrastructure , agricultural activities or generation and distribution of electric energy. in addition to this non exhaustive list of examples , any battery that is neither a portable battery nor an automotive battery nor an electric vehicle battery should be considered an industrial battery. batteries used for energy storage in private or domestic environments. are considered industrial batteries for the purposes of this regulation.furthermore , in order to ensure that all batteries used in light means of transport , such as ebikes and scooters , are classified as portable batteries , it is necessary to clarify the definition of portable batteries and to introduce a weight limit for such batteries. ### (12) within the regulation’s wide scope , it is appropriate to distinguish between different categories of batteries in accordance with their design and use , independent of the battery chemistry. the classification into portable batteries , on one hand , and industrial batteries and automotive batteries on the other hand under directive 2006/66/ec should be further developed to better reflect new developments in the use of batteries. batteries that are used for traction in electric vehicles and which under directive 2006/66/ec fall in the category of industrial batteries , constitute a large and growing part of the market due to the quick growth of electric road transport vehicles. it is therefore appropriate to classify those batteries that are used for traction in road vehicles as a new category of electric vehicle batteries. batteries used for traction in other transport vehicles including rail , waterborne and aviation transport , continue to fall under the category of industrial batteries under this regulation. the industrial battery type encompasses a broad group of batteries , intended to be used for industrial activities , communication infrastructure , agricultural activities or generation and distribution of electric energy. in addition to this non exhaustive list of examples , any battery that is neither a portable battery nor an automotive battery nor an electric vehicle battery should be considered an industrial battery. batteries used for energy storage in private or domestic environments. are considered industrial batteries for the purposes of this regulation.furthermore , in order to ensure that all batteries used in light means of transport , such as ebikes and scooters , are classified as portable batteries , it is necessary to clarify the definition of portable batteries.


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


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


### (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 , in view of technical and scientific progress and in the spirit of technology neutrality , the commission shall regularly assess , whether it is appropriate to revise the targets for the minimum share of recycled cobalt , lead , lithium or nickel present in active materials in batteries and where appropriate submit a legislative proposal for that purpose.


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


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


### (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 batteries.


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


### 3. electric vehicle batteries and rechargeable industrial batteries with internal storage and a capacity above 2 kwh shall , for each battery model and batch per manufacturing plant , be accompanied by technical documentation demonstrating that the declared life cycle carbon footprint value , is below the maximum threshold established in the delegated act adopted by the commission pursuant to the third subparagraph. ### 3. light means of transport , electric vehicle batteries and rechargeable industrial batteries shall , for each battery model per manufacturing plant and supply chain configuration , 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 [12 months after the adoption of both the delegated and implementing acts referred to in the subparagraph below] and no later than 1 july 2027 for light means of transport batteries , electric vehicle batteries and for rechargeable industrial batteries.


### the requirement for a maximum life cycle carbon footprint threshold in the first subparagraph shall apply as of 1 july 2027 for electric vehicle batteries 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.


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


### recycled content in industrial batteries , electric vehicle batteries and automotive batteries ### recycled content in batteries , excluding portable batteries of general use


### 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 12 months after the adoption of the implementing act referred to in the second subparagraph and no later than 1 july 2025 , all batteries , excluding portable batteries of general use , that contain cobalt , lead , lithium or nickel in active materials shall be accompanied by technical documentation containing information about the amount of cobalt , lead , lithium or nickel recovered from waste present in active materials in each battery model per manufacturing plant and supply chain configuration.


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


### 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 , all batteries , excluding portable batteries of general use , that contain cobalt , lead , lithium or nickel in active materials shall be accompanied by technical documentation demonstrating that those batteries contain the following minimum share of cobalt , lead , lithium or nickel recovered from waste present in active materials in each battery model per manufacturing plant and supply chain configuration:


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


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


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


### 4. where justified and appropriate due to the availability of cobalt , lead , lithium or nickel recovered from waste , or the lack thereof , the commission shall be empowered to adopt , by 31 december 2027 , a delegated act in accordance with article 73 , to amend the targets laid down in paragraphs 2 and 3. ### 4. following the establishment of the methodology referred to in paragraph 1 , the commission shall regularly assess , and by 31 december 2027 present economic and environmental impact assessments of , whether due to the availability of cobalt , lead , lithium or nickel recovered from waste and a prognosis of end-of-life batteries available for recycling , in view of technical and scientific progress and in the spirit of technology neutrality , it is justified to revise the list of materials and targets laid down in article 8 , and , where appropriate , shall submit a legislative proposal to the council and the european parliament for that purpose.


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


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


### 1. from 1 january 2027 , portable batteries of general use shall meet the values for the electrochemical performance and durability parameters set out in annex iii as laid down in the delegated act adopted by the commission pursuant to paragraph 2. ### 1. from 12 months after the adoption of the implementing act referred to in the second paragraph and no later than 1 january 2027 , portable batteries shall meet the values for the electrochemical performance and durability parameters set out in annex iii as laid down in the delegated act adopted by the commission pursuant to paragraph 2.


### 2. by 31 december 2025 , the commission shall adopt a delegated act in accordance with article 73 to supplement this regulation by establishing minimum values for the electrochemical performance and durability parameters laid down in annex iii that portable batteries of general use shall attain. ### 2. by 1 july 2025 , the commission shall adopt a delegated act in accordance with article 73 to supplement this regulation by establishing minimum values for the electrochemical performance and durability parameters laid down in annex iii that the different types of portable batteries and portable batteries of general use shall attain.


### 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 strengthen and/or extend the electrochemical performance and durability parameters laid down in annex iii in view of technical and scientific progress and to ensure technology neutrality.


### in preparing the delegated act referred to in the first subparagraph , the commission shall consider the need to reduce the life cycle environmental impact of portable batteries of general use and take into consideration relevant international standards and labelling schemes. the commission shall also ensure that the provisions laid down by that delegated act do not have a significant negative impact on the functionality of those batteries or the appliances into which those batteries are incorporated , the affordability and the cost for end-users and the industry’s competitiveness. no excessive administrative burden shall be imposed on manufacturers of the batteries and the appliances concerned. ### in preparing the delegated act referred to in the first subparagraph , the commission shall consider the need to reduce the life cycle environmental impact of portable batteries of general use and take into consideration relevant international standards and labelling schemes. the commission shall also ensure that the provisions laid down by that delegated act do not have a significant negative impact on the functionality of those batteries or the appliances into which those batteries are incorporated nor on the industry’s competitiveness and that it does lead to more resource efficiency and cost efficiency for end-users. the delegated act must respect technology neutrality. no excessive administrative burden shall be imposed on manufacturers of the batteries and the appliances concerned.


### 3. by 31 december 2030 , the commission shall assess the feasibility of measures to phase out the use of non-rechargeable portable batteries of general use in view of minimising their environmental impact based on the life cycle assessment methodology. to that end , the commission shall submit a report to the european parliament and to the council and consider taking the appropriate measures , including the adoption of legislative proposals. ### 3. by 31 december 2030 , the commission shall assess the feasibility of measures to phase out the use of non-rechargeable portable batteries of general use in view of minimising their environmental impact based on the life cycle assessment methodology , taking into account the functionality of those batteries and the appliances in which those batteries are used as well as the cost-efficiency and possible alternatives for end-users. to that end , the commission shall submit a report to the european parliament and to the council and consider taking the appropriate measures , such as setting ecodesign requirements for specific products , including the adoption of legislative proposals.


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


### performance and durability requirements for rechargeable industrial batteries and electric vehicle batteries ### performance and durability requirements for stationary energy storage batteries and electric vehicle batteries


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


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


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


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


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


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


### in preparing the delegated act referred to in the first subparagraph , the commission shall consider the need to reduce the life cycle environmental impact of rechargeable industrial batteries with internal storage and a capacity above 2 kwh and ensure that the requirements laid down therein do not have a significant negative impact on the functionality of those batteries or the appliances into which those batteries are incorporated , its affordability and industry’s competitiveness. no excessive administrative burden shall be imposed on manufacturers of the batteries and the appliances concerned. ### in preparing the delegated act referred to in the first subparagraph , the commission shall consider the need to reduce the life cycle environmental impact of industrial batteries , electric vehicle batteries and light means of transport batteries and ensure that the requirements laid down therein do not have a significant negative impact on the functionality of those batteries or the appliances into which those batteries are incorporated nor on the industry’s competitiveness and that it does lead to more resource efficiency and cost efficiency for end-users. the delegated act must respect technology neutrality. no excessive administrative burden shall be imposed on manufacturers of the batteries and the appliances concerned.


### removability and replaceability of portable batteries ### removability and replaceability 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 and light means of transport batteries incorporated in appliances shall be readily removable and replaceable by the end-user or by independent operators , which has to be authorised for light means of transport batteries , during the lifetime of the appliance , if the batteries have a shorter lifetime than the appliance , or at the latest at the end of the lifetime of the appliance.


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


### 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 when:


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


### amend the obligations on the economic operator referred to in paragraph 1 set out in paragraphs 2 to 4 in view of amendments to regulation (eu) 2017/821 and changes to the due diligence recommendations set out in annex i to the oecd due diligence guidance. ### amend the obligations on the economic operator referred to in paragraph 1 set out in paragraphs 2 to 4 in view of amendments to regulation (eu) 2017/821 and changes to the due diligence recommendations set out in annex i to the oecd due diligence guidance , the un guiding principles on business or the human rights and oecd guidelines for multinational enterprises.


### amend the obligations on the economic operator referred to in paragraph 1 set out in paragraphs 2 to 4 in view of amendments to regulation (eu) 2017/821 and changes to the due diligence recommendations set out in annex i to the oecd due diligence guidance. ### amend the obligations on the economic operator referred to in paragraph 1 set out in paragraphs 2 to 4 in view of amendments to regulation (eu) 2017/821 and changes to the due diligence recommendations set out in annex i to the oecd due diligence guidance , the un guiding principles on business and human rights and oecd guidelines for multinational enterprises.


### 1. importers shall only place on the market or put into service a battery which is compliant with the requirements of chapters ii and iii ### 1. importers shall only place on the market or put into service a battery which is compliant with the requirements of chapters ii and iii and article 39.


### where an importer considers or has reason to believe that a battery is not in conformity with the requirements set out in chapters ii and iii , the importer shall not place it on the market or put it into service until it has been brought into conformity. furthermore , where the battery presents a risk , the importer shall inform the manufacturer and the market surveillance authorities to that effect. ### where an importer considers or has reason to believe that a battery is not in conformity with the requirements set out in chapters ii and iii and article 39 , the importer shall not place it on the market or put it into service until it has been brought into conformity. furthermore , where the battery presents a risk , the importer shall inform the manufacturer and the market surveillance authorities to that effect.


### 7. importers who consider or have reason to believe that a battery , which they have placed on the market or put into service , is not in conformity with the requirements set out in chapters ii and iii , shall immediately take the corrective action necessary to bring that battery into conformity , to withdraw it or recall it , as appropriate. furthermore , where the battery presents a risk , importers shall immediately inform the national authority of the member state in which they made the battery available on the market to that effect , giving details , in particular , of the non-compliance and of any corrective action taken. ### 7. importers who consider or have reason to believe that a battery , which they have placed on the market or put into service , is not in conformity with the requirements set out in chapters ii and iii and article 39 , shall immediately take the corrective action necessary to bring that battery into conformity , to withdraw it or recall it , as appropriate. furthermore , where the battery presents a risk , importers shall immediately inform the national authority of the member state in which they made the battery available on the market to that effect , giving details , in particular , of the non-compliance and of any corrective action taken.


### 3. where a distributor considers or has reason to believe that a battery is not in conformity with the requirements set out in chapters ii and iii , the distributor shall not make the battery available on the market until it has been brought into conformity. furthermore , where the battery presents a risk , the distributor shall inform the manufacturer or the importer to that effect as well as the relevant market surveillance authorities. ### 3. where a distributor considers or has reason to believe that a battery is not in conformity with the requirements set out in chapters ii and iii and article 39 , the distributor shall not make the battery available on the market until it has been brought into conformity. furthermore , where the battery presents a risk , the distributor shall inform the manufacturer or the importer to that effect as well as the relevant market surveillance authorities.


### 5. distributors who consider or have reason to believe that a battery , which they have made available on the market , is not in conformity with the requirements set out in chapters ii and iii shall make sure that the corrective action necessary to bring that battery into conformity , to withdraw it or recall it , as appropriate , are taken. furthermore , where the battery presents a risk , distributors shall immediately inform the national authority of the member states in which they made the battery available on the market to that effect , giving details , in particular , of the non-compliance and of any corrective action taken. ### 5. distributors who consider or have reason to believe that a battery , which they have made available on the market , is not in conformity with the requirements set out in chapters ii and iii and article 39 shall make sure that the corrective action necessary to bring that battery into conformity , to withdraw it or recall it , as appropriate , are taken. furthermore , where the battery presents a risk , distributors shall immediately inform the national authority of the member states in which they made the battery available on the market to that effect , giving details , in particular , of the non-compliance and of any corrective action taken.


### 6. distributors shall , further to a reasoned request from a national authority provide it with all the information and the technical documentation necessary to demonstrate the conformity of a battery with the requirements set out in chapters ii and iii in a language that can be easily understood by that authority. that information and the technical documentation shall be provided in paper or electronic form. distributors shall cooperate with the national authority , at its request , on any action taken to eliminate the risks posed by batteries that they have made available on the market. ### 6. distributors shall , further to a reasoned request from a national authority provide it with all the information and the technical documentation necessary to demonstrate the conformity of a battery with the requirements set out in chapters ii and iii and article 39 in a language that can be easily understood by that authority. that information and the technical documentation shall be provided in paper or electronic form. distributors shall cooperate with the national authority , at its request , on any action taken to eliminate the risks posed by batteries that they have made available on the market.


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


### information on how the producer meets its responsibilities set out in article 47 and the requirements under article 48 and article 49 respectively: ### information on how the producer meets its responsibilities set out in article 47 and the requirements under article 48 , article 48a and article 49 respectively:


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


### promote the separate collection of batteries , including by covering the costs of carrying out surveys to identify batteries discarded inappropriately by end-users in accordance with article 48(1); ### promote the separate collection of batteries , including by covering the costs of and regularly carry out surveys to identify batteries discarded inappropriately by end-users in accordance with article 48(1);


### 5. where , in accordance with articles 48(2) , 49(3) , 53(1) , 56(1) , and paragraphs 1 , 2 and 3 of article 61 , activities to carry out obligations referred to in points (a) to (d) of paragraph 1 are carried out by a third party other than a producer or a producer responsibility organisation , the costs to be covered by producers shall not exceed the costs that are necessary to provide those activities in a cost-efficient way. such costs shall be established in a transparent way between the producers and the third parties concerned and adjusted to take account of any revenues from reuse and from sales of secondary raw materials from the batteries and waste batteries. ### 5. where , in accordance with articles 48(2) , 48a(2) , 49(3) , 53(1) , 56(1) , and paragraphs 1 , 2 and 3 of article 61 , activities to carry out obligations referred to in points (a) to (d) of paragraph 1 are carried out by a third party other than a producer or a producer responsibility organisation , the costs to be covered by producers shall not exceed the costs that are necessary to provide those activities in a cost-efficient way. such costs shall be established in a transparent way between the producers and the third parties concerned and adjusted to take account of any revenues from reuse and from sales of secondary raw materials from the batteries and waste batteries.


### 3. end users , when discarding waste portable batteries at collection points referred to in paragraph 2 , shall not be charged or be obliged to buy a new battery. ### 3. end users , when discarding waste portable batteries at collection points referred to in paragraph 2 , shall always be able to return any waste portable battery at any collection point and not be charged or be obliged to buy a new battery.


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


### 45 % by 31 december 2023 ; ### 55 % by 31 december 2023 ;


### 65 % by 31 december 2025; ### 75 % by 31 december 2025;


### 70 % by 31 december 2030. ### 80 % by 31 december 2030.


### where waste industrial batteries require prior dismantling at the premises of private , non-commercial users , the obligation of the producer to take back those batteries shall include covering the costs of dismantling and collecting waste batteries at the premises of those users. ### where waste industrial batteries require prior dismantling at the premises of private , non-commercial users , the obligation of the producer or , where appointed in accordance with article 47(2) , producer responsibility organisations , to take back those batteries shall include covering the costs of dismantling and collecting waste batteries at the premises of those users.


### 1. distributors shall take back waste batteries from the end-user at no charge and without an obligation to buy a new battery , regardless of their chemical composition or origin. take back for portable batteries shall be provided at or in the immediate vicinity of their retail outlet. take back for waste automotive batteries , industrial batteries and electric vehicle batteries shall be provided at or in the vicinity of their retail outlet. this obligation is limited to the types of waste batteries which the distributor has , or had , as new batteries in its offer and , for portable batteries , to the quantity that non professional end-users normally discard. ### 1. distributors shall take back all waste batteries from the end-user at no charge and without an obligation to buy a new battery , regardless of their chemical composition or origin. take back for portable and light means of transport batteries shall be provided at or in the immediate vicinity of their retail outlet. take back for waste automotive batteries , industrial batteries and electric vehicle batteries shall be provided at or in the vicinity of their retail outlet. this obligation is limited to the types of waste batteries which the distributor has , or had , as new batteries in its offer and , for portable batteries , to the quantity that non professional end-users normally discard.


### 3. distributors shall hand over waste batteries that they have taken back to the producers or producer responsibility organisations who are responsible for the collection of those batteries in accordance with articles 48 and 49 respectively , or to an waste management operator with a view to their treatment and recycling in accordance with article 56. ### 3. distributors shall hand over waste batteries that they have taken back to the producers or producer responsibility organisations who are responsible for the collection of those batteries in accordance with articles 48 , 48a and 49 respectively , or to an authorised waste management operator with a view to their treatment and recycling in accordance with article 56. established extended producer responsibility recycling systems in member states should be allowed to continue operating if they fulfil the objectives set out in this regulation;


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


### 2. end users shall discard waste batteries in designated separate collection points set up by or in accordance with the specific arrangements concluded with the producer or a producer responsibility organisation , in accordance with articles 48 and 49. ### 2. end users shall discard waste batteries in designated separate collection points set up by or in accordance with the specific arrangements concluded with the producer or a producer responsibility organisation , in accordance with articles 48 , 48a and 49.


### operators of waste treatment facilities subject to directives 2000/53/ec and 2012/19/eu shall hand over waste batteries resulting from the treatment of end-of-life vehicles and waste electrical and electronic equipment to the producers of the relevant batteries or , where appointed in accordance with article 47(2) of this regulation , producer responsibility organisations acting on their behalf or to waste management operators with a view to their treatment and recycling in accordance with the requirements of article 56 of this regulation. the operators of waste treatment facilities shall keep records of those transactions. ### operators of waste treatment facilities subject to directives 2000/53/ec and 2012/19/eu shall hand over waste batteries resulting from the treatment of end-of-life vehicles and waste electrical and electronic equipment to the producers of the relevant batteries or , where appointed in accordance with article 47(2) of this regulation , producer responsibility organisations acting on their behalf or to authorised waste management operators with a view to their treatment and recycling in accordance with the requirements of article 56 of this regulation. the operators of waste treatment facilities shall keep records of those transactions.


### 1. waste batteries originating from private , non-commercial users may be discarded in separate collection points set up by public waste management authorities. ### 1. waste batteries originating from private , non-commercial users may be discarded in separate collection points set up by public waste management authorities. when set up for a specific battery type the public waste management authorities shall not refuse the take back of any waste batteries of this type , including re-used , repurposed and remanufactured batteries.


### 2. public waste management authorities shall hand over collected waste batteries to the producers or , where appointed in accordance with article 47(2) , to producer responsibility organisations acting on their behalf , or to waste management operators with a view to treatment and recycling of those waste batteries in accordance with the requirements of article 56 or carry out their treatment and recycling themselves in accordance with the requirements of article 56. ### 2. public waste management authorities shall hand over collected waste batteries to the producers or , where appointed in accordance with article 47(2) , to producer responsibility organisations acting on their behalf , or to authorised waste management operators with a view to treatment and recycling of those waste batteries in accordance with the requirements of article 56 or carry out their treatment and recycling themselves in accordance with the requirements of article 56.


### voluntary waste portable battery collection points shall hand over waste portable batteries to the producers of portable batteries or third parties acting on their behalf , including producer responsibility organisations , or to waste management operators with a view to their treatment and recycling in accordance with the requirements of article 56. ### voluntary waste portable battery collection points shall hand over waste portable batteries to the producers of portable batteries or third parties acting on their behalf , including producer responsibility organisations , or to authorised waste management operators with a view to their treatment and recycling in accordance with the requirements of article 56.


### collection rates for waste portable batteries ### collection rates for waste batteries


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


### 45 % by 31 december 2023; ### 55 % by 31 december 2023;


### 2. member states shall calculate the collection rates set out in paragraph 1 in accordance with the methodology set out in annex xi. ### 2. member states shall calculate the collection rates set out in paragraph 1 for waste portable batteries in accordance with the methodology set out in annex xi and for waste light means of transport , automotive , industrial and electric vehicle batteries in accordance with the methodology set out in annex xia.


### 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 targets laid down in paragraph 1(c) , 1a(c) and 1b(b) . 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 for more ambitious targets to be applied after 2030.


### 4. the commission is empowered to adopt delegated acts in accordance with article 73 to amend the methodology to calculate the collection rate for portable batteries laid down in annex xi. ### deleted


### 4. the commission is empowered to adopt delegated acts in accordance with article 73 to amend the treatment and recycling requirements for waste batteries laid down in part a of annex xii in light of technical and scientific progress and emerging new technologies in waste management. ### 4. the commission is empowered to adopt delegated acts in accordance with article 73 to expand the treatment and recycling requirements for waste batteries laid down in part a of annex xii in light of technical and scientific progress and emerging new technologies in waste management.


### 1. all waste batteries collected shall enter a recycling process. ### 1. all waste batteries collected shall be assessed if it would be ecologically suitable for re-use , repurposing or remanufacturing and if so be prepared for re-use , repurposing or remanufacturing before entering the recycling process all waste batteries will finally enter.


### 3. the recycling efficiencies and the recovery of materials laid down in parts b and c of annex xii shall be calculated in accordance with the rules laid down in an implementing act adopted pursuant to paragraph 4. ### 3. the recycling efficiencies and the recovery of materials laid down in parts b and c of annex xii shall be calculated as percentages on the final weight of recycled material in accordance with the rules laid down in a delegated act adopted pursuant to paragraph 4.


### 4. the commission shall , by 31 december 2023 , adopt an implementing act to establish detailed rules regarding the calculation and verification of recycling efficiencies and recovery of materials. 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 , accompanied with economic and environmental impact assessments to establish detailed rules regarding the calculation and verification of recycling efficiencies and recovery of materials.


### 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 to establish detailed rules regarding the calculation and verification of recycling efficiencies and recovery of materials. those delegated acts shall be adopted in accordance with article 73.


### 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. by 31 december 2027 , the commission shall review the progress towards reaching the minimum levels of recovered materials for waste batteries laid down in annex xii , parts b point 2 and c point 2 , and present the results of that review to the council and european parliament and , if appropriate , propose a legislative initiative to increase those levels , 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 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. by 31 december 2027 , the commission shall assess the progress towards reaching the minimum levels of recovered materials for waste batteries laid down in annex xii , parts b and c , and propose a legislative initiative to revise those minimum levels upwards if appropriate , in light of technical and scientific progress and emerging new technologies in waste management.


### requirements related to the repurposing and remanufacturing of industrial batteries and electric-vehicle batteries ### requirements related to the repurposing and remanufacturing of light means of transport batteries , industrial batteries and electric-vehicle batteries


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


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


### 1. independent operators shall be given access to the battery management system of rechargeable industrial batteries and electric vehicle batteries with internal storage with a capacity above 2 kwh , on equal terms and conditions , for the purpose of assessing and determining the state of health and remaining lifetime of batteries , according to the parameters laid down in annex vii. ### 1. independent operators shall be given access to the parameters laid down in annex vii available in the battery management system of stationary energy storage batteries and electric vehicle batteries , on equal terms and conditions , for the purpose of assessing and determining the state of health and remaining lifetime of batteries.


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


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


### 3. operators carrying out repurposing or remanufacturing operations of batteries shall ensure that the examination , performance testing , packing and shipment of batteries and their components is carried out following adequate quality control and safety instructions. ### 3. operators carrying out repurposing or remanufacturing operations of batteries shall ensure that the examination , performance and safety testing , packing and shipment of batteries and their components is carried out following adequate quality control and safety instructions.


### the contribution of end users to waste prevention , including by information on good practices concerning the use of batteries aiming at extending their use phase and the possibilities of preparation for reuse; ### the contribution of end users to waste prevention , including by information on good practices concerning the use of batteries aiming at extending their use phase and the possibilities of preparation for reuse , repurposing and remanufacturing;


### the necessary safety instructions to handle waste batteries , including in relation to the risks associated with , and the handling of , batteries containing lithium; ### the necessary safety instructions to handle waste batteries , including in relation to the risks associated with , and the handling of , batteries containing lithium; the risks and instructions of fire safety shall also be included;