# C_2022347EN.01024501.xml

| 9.9.2022 | EN | Official Journal of the European Union | C 347/245 |
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9.9.2022

EN

Official Journal of the European Union

C 347/245

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P9_TA(2022)0077

Batteries and waste batteries ***I

Amendments adopted by the European Parliament on 10 March 2022 on the proposal for a regulation of the European Parliament and of the Council concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) 2019/1020 (COM(2020)0798 — C9-0400/2020 — 2020/0353(COD)) (1)

(Ordinary legislative procedure: first reading)

(2022/C 347/30)

Amendment 1

Proposal for a regulation

Recital 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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. |

Text proposed by the Commission

Amendment

(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
  and light means of transport
  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
  for consumers and economic operators
  . 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
  and light means of transport
  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
  for consumers and economic operators
  . 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 .

Amendment 2

Proposal for a regulation

Recital 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (2a) | It is also necessary to update Union legislation on the management of battery waste and to take measures to protect the environment and human health by preventing or reducing the adverse impacts of the generation and management of waste, by reducing the impact of resource use and by improving resource efficiency. Such measures are crucial for the transition to a circular and climate-neutral economy and toxic-free environment, and for the Union’s long-term competitiveness and strategic autonomy. They can create important economic opportunities, increasing synergies between the circular economy and energy, climate, transport, industry and research policies, and protecting the environment and reducing greenhouse gas emissions. |

Text proposed by the Commission

Amendment

(2a)

It is also necessary to update Union legislation on the management of battery waste and to take measures to protect the environment and human health by preventing or reducing the adverse impacts of the generation and management of waste, by reducing the impact of resource use and by improving resource efficiency. Such measures are crucial for the transition to a circular and climate-neutral economy and toxic-free environment, and for the Union’s long-term competitiveness and strategic autonomy. They can create important economic opportunities, increasing synergies between the circular economy and energy, climate, transport, industry and research policies, and protecting the environment and reducing greenhouse gas emissions.

Amendment 3

Proposal for a regulation

Recital 10

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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. |

Text proposed by the Commission

Amendment

(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 of whether 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. |
| --- | --- |

(10)

This Regulation should apply to all types of batteries and accumulators placed on the market or put into service within the Union
  , regardless of whether 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.

Amendment 4

Proposal for a regulation

Recital 12

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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
  . |

Text proposed by the Commission

Amendment

(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
  and market spread
  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 e-bikes and e-scooters, were not clearly classified as batteries under Directive 2006/66/EC, and constitute a significant part of the market due to their growing use in urban sustainable mobility. It is therefore appropriate to classify those batteries that are used for traction in light means of transport 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 an automotive battery
  nor a light means of transport 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
  and market spread
  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 e-bikes and e-scooters, were not clearly classified as batteries under Directive 2006/66/EC, and constitute a significant part of the market due to their growing use in urban sustainable mobility. It is therefore appropriate to classify those batteries that are used for traction in light means of transport 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 an automotive battery
  nor a light means of transport 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.

Amendment 5

Proposal for a regulation

Recital 13

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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. |

Text proposed by the Commission

Amendment

(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 industrial batteries
  , light means of transport batteries
  and electric vehicle batteries 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 industrial batteries
  , light means of transport batteries
  and electric vehicle batteries as such batteries represent the market segment which is expected to increase most in the coming years.

Amendment 6

Proposal for a regulation

Recital 15

| Text proposed by the Commission | Amendment |
| --- | --- |
| (15) | The use of hazardous substances in batteries should be restricted in order to protect human health and the environment and to reduce the presence of such substances in waste. Thus, in addition to the restrictions set out in Annex XVII of Regulation (EC) No 1907/2006 of the European Parliament and of the Council (29) , it is appropriate to set out restrictions for mercury
  and
  cadmium in certain types of batteries. Batteries used in vehicles which benefit from an exemption under Annex II to Directive 2000/53/EC of the European Parliament and of the Council (30) should be excluded from the prohibition to contain cadmium. |

Text proposed by the Commission

Amendment

(15)

The use of hazardous substances in batteries should be restricted in order to protect human health and the environment and to reduce the presence of such substances in waste. Thus, in addition to the restrictions set out in Annex XVII of Regulation (EC) No 1907/2006 of the European Parliament and of the Council (29) , it is appropriate to set out restrictions for mercury
  and
  cadmium in certain types of batteries. Batteries used in vehicles which benefit from an exemption under Annex II to Directive 2000/53/EC of the European Parliament and of the Council (30) should be excluded from the prohibition to contain cadmium.

| (15) | The use of hazardous substances in batteries should be restricted in order to protect human health and the environment and to reduce the presence of such substances in waste. Thus, in addition to the restrictions set out in Annex XVII of Regulation (EC) No 1907/2006 of the European Parliament and of the Council (29), it is appropriate to set out restrictions for mercury, cadmium
  and lead
  in certain types of batteries. Batteries used in vehicles which benefit from an exemption under Annex II to Directive 2000/53/EC of the European Parliament and of the Council (30) should be excluded from the prohibition to contain cadmium.
  The Commission should, assisted by the Agency, make a holistic and systemic assessment of hazardous substances in batteries. This assessment should in particular focus on battery chemistries that are used in large quantities on the market, evolving and emerging chemistries and the availability of suitable alternatives to lead-acid industrial and automotive batteries and to nickel-cadmium industrial batteries. |
| --- | --- |

(15)

The use of hazardous substances in batteries should be restricted in order to protect human health and the environment and to reduce the presence of such substances in waste. Thus, in addition to the restrictions set out in Annex XVII of Regulation (EC) No 1907/2006 of the European Parliament and of the Council (29), it is appropriate to set out restrictions for mercury, cadmium
  and lead
  in certain types of batteries. Batteries used in vehicles which benefit from an exemption under Annex II to Directive 2000/53/EC of the European Parliament and of the Council (30) should be excluded from the prohibition to contain cadmium.
  The Commission should, assisted by the Agency, make a holistic and systemic assessment of hazardous substances in batteries. This assessment should in particular focus on battery chemistries that are used in large quantities on the market, evolving and emerging chemistries and the availability of suitable alternatives to lead-acid industrial and automotive batteries and to nickel-cadmium industrial batteries.

Amendment 7

Proposal for a regulation

Recital 17

| Text proposed by the Commission | Amendment |
| --- | --- |
| (17) | The procedure for adopting new and amending current restrictions on hazardous substances in batteries should be fully streamlined with Regulation (EC) No 1907/2006. To ensure effective decision-making, coordination and management of the related technical, scientific and administrative aspects of this Regulation, the European Chemicals Agency set up under Regulation (EC) No 1907/2006 (‘the Agency’) should carry out specified tasks with regard to the evaluation of risks from substances in the manufacture and use of batteries, as well as those that may occur after their end-of-life as well as the evaluation of the socio-economic elements and the analysis of alternatives, in accordance with relevant guidance by the Agency. Consequently, the Committees for Risk Assessment and Socio-economic Analysis of the Agency should facilitate the carrying out of certain tasks conferred on the Agency by this Regulation. |

Text proposed by the Commission

Amendment

(17)

The procedure for adopting new and amending current restrictions on hazardous substances in batteries should be fully streamlined with Regulation (EC) No 1907/2006. To ensure effective decision-making, coordination and management of the related technical, scientific and administrative aspects of this Regulation, the European Chemicals Agency set up under Regulation (EC) No 1907/2006 (‘the Agency’) should carry out specified tasks with regard to the evaluation of risks from substances in the manufacture and use of batteries, as well as those that may occur after their end-of-life as well as the evaluation of the socio-economic elements and the analysis of alternatives, in accordance with relevant guidance by the Agency. Consequently, the Committees for Risk Assessment and Socio-economic Analysis of the Agency should facilitate the carrying out of certain tasks conferred on the Agency by this Regulation.

| (17) | The procedure for adopting new and amending current restrictions on hazardous substances in batteries should be fully streamlined with Regulation (EC) No 1907/2006. To ensure effective decision-making, coordination and management of the related technical, scientific and administrative aspects of this Regulation,
  there should be good cooperation, coordination and exchange of information between the Member States,
  the European Chemicals Agency set up under Regulation (EC) No 1907/2006 (‘the Agency’)
  , the Commission and interested parties. Member States or the Agency
  should carry out specified tasks with regard to the evaluation of risks from substances in the manufacture and use of batteries, as well as those that may occur after their end-of-life as well as the evaluation of the socio-economic elements and the analysis of alternatives, in accordance with relevant guidance by the Agency. Consequently, the Committees for Risk Assessment and Socio-economic Analysis of the Agency should facilitate the carrying out of certain tasks conferred on the Agency by this Regulation. |
| --- | --- |

(17)

The procedure for adopting new and amending current restrictions on hazardous substances in batteries should be fully streamlined with Regulation (EC) No 1907/2006. To ensure effective decision-making, coordination and management of the related technical, scientific and administrative aspects of this Regulation,
  there should be good cooperation, coordination and exchange of information between the Member States,
  the European Chemicals Agency set up under Regulation (EC) No 1907/2006 (‘the Agency’)
  , the Commission and interested parties. Member States or the Agency
  should carry out specified tasks with regard to the evaluation of risks from substances in the manufacture and use of batteries, as well as those that may occur after their end-of-life as well as the evaluation of the socio-economic elements and the analysis of alternatives, in accordance with relevant guidance by the Agency. Consequently, the Committees for Risk Assessment and Socio-economic Analysis of the Agency should facilitate the carrying out of certain tasks conferred on the Agency by this Regulation.

Amendment 8

Proposal for a regulation

Recital 17 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (17 a) | In order to ensure that this Regulation is coherent with any future amendment of the provisions of Regulation (EC) No 1907/2006 or with other future Union legislation concerning sustainability criteria for hazardous substances and chemicals, the Commission should assess whether an amendment of Article 6, Article 71 or Annex I to this Regulation or all of those provisions is required. 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 those provisions where appropriate. |

Text proposed by the Commission

Amendment

(17 a)

In order to ensure that this Regulation is coherent with any future amendment of the provisions of Regulation (EC) No 1907/2006 or with other future Union legislation concerning sustainability criteria for hazardous substances and chemicals, the Commission should assess whether an amendment of Article 6, Article 71 or Annex I to this Regulation or all of those provisions is required. 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 those provisions where appropriate.

Amendment 9

Proposal for a regulation

Recital 18

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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 Applications (31), 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 change (32). 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. |

Text proposed by the Commission

Amendment

(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 Applications (31), 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 change (32). 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 Applications (31),
  greenhouse gas emissions exacerbating
  climate change is the second highest related impact category for batteries after
  mining and
  use of minerals and metals. The technical documentation for industrial
  batteries, light means of transport
  batteries and electric vehicle batteries placed on the Union market should therefore be accompanied by a carbon footprint declaration. Harmonising the technical rules for calculating the carbon footprint for all industrial
  batteries, light means of transport
  batteries and electric vehicle batteries placed on the Union market is a prerequisite for introducing a requirement for the technical documentation of the batteries to include a carbon footprint declaration and subsequently establishing carbon footprint performance classes that will allow identifying the batteries with overall lower carbon footprints.. Information and clear labelling requirements on batteries’ carbon footprint is not expected in itself to lead to the behavioural change necessary to ensure that the Union’s objective to decarbonise the mobility and energy storage sectors is achieved, in line with the internationally agreed objectives on climate change (32). Therefore, maximum carbon thresholds will be introduced, further to a dedicated impact assessment to determine those values. In proposing the level of the maximum carbon footprint threshold, the Commission will, inter alia, take into account the relative distribution of the carbon footprint values in batteries on the market, the extent of progress in the reduction of carbon footprint of batteries placed on the Union market and the effective and potential contribution of this measure to the Union’s objectives on sustainable mobility and climate neutrality by 2050
  at the latest
  . In order to bring about transparency on the batteries’ carbon footprint, and shift the Union market towards lower carbon batteries, regardless of where they are produced, a gradual and cumulative increase in the carbon footprint requirements is justified. As a result of these requirements, the avoided carbon emissions in batteries’ life cycle, will contribute to the Union’s
  climate objectives, particularly that
  of reaching climate neutrality by 2050
  at the latest
  . This may also enable other policies at Union and national level, such as incentives or green public procurement criteria, fostering the production of batteries with lower environmental impacts. |
| --- | --- |

(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 Applications (31),
  greenhouse gas emissions exacerbating
  climate change is the second highest related impact category for batteries after
  mining and
  use of minerals and metals. The technical documentation for industrial
  batteries, light means of transport
  batteries and electric vehicle batteries placed on the Union market should therefore be accompanied by a carbon footprint declaration. Harmonising the technical rules for calculating the carbon footprint for all industrial
  batteries, light means of transport
  batteries and electric vehicle batteries placed on the Union market is a prerequisite for introducing a requirement for the technical documentation of the batteries to include a carbon footprint declaration and subsequently establishing carbon footprint performance classes that will allow identifying the batteries with overall lower carbon footprints.. Information and clear labelling requirements on batteries’ carbon footprint is not expected in itself to lead to the behavioural change necessary to ensure that the Union’s objective to decarbonise the mobility and energy storage sectors is achieved, in line with the internationally agreed objectives on climate change (32). Therefore, maximum carbon thresholds will be introduced, further to a dedicated impact assessment to determine those values. In proposing the level of the maximum carbon footprint threshold, the Commission will, inter alia, take into account the relative distribution of the carbon footprint values in batteries on the market, the extent of progress in the reduction of carbon footprint of batteries placed on the Union market and the effective and potential contribution of this measure to the Union’s objectives on sustainable mobility and climate neutrality by 2050
  at the latest
  . In order to bring about transparency on the batteries’ carbon footprint, and shift the Union market towards lower carbon batteries, regardless of where they are produced, a gradual and cumulative increase in the carbon footprint requirements is justified. As a result of these requirements, the avoided carbon emissions in batteries’ life cycle, will contribute to the Union’s
  climate objectives, particularly that
  of reaching climate neutrality by 2050
  at the latest
  . This may also enable other policies at Union and national level, such as incentives or green public procurement criteria, fostering the production of batteries with lower environmental impacts.

Amendment 10

Proposal for a regulation

Recital 18 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (18 a) | The maximum life cycle carbon footprint thresholds should be future-proof and evolve progressively in line with the best available manufacturing and production processes. Therefore, when adopting a delegated act determining the maximum life cycle carbon footprint threshold, the European Commission should take into account the best available manufacturing and production processes and ensure that the selected technical criteria are consistent with the objective of this Regulation of ensuring that batteries placed on the Union market guarantee a high level of protection of human health, safety, property and the environment. |

Text proposed by the Commission

Amendment

(18 a)

The maximum life cycle carbon footprint thresholds should be future-proof and evolve progressively in line with the best available manufacturing and production processes. Therefore, when adopting a delegated act determining the maximum life cycle carbon footprint threshold, the European Commission should take into account the best available manufacturing and production processes and ensure that the selected technical criteria are consistent with the objective of this Regulation of ensuring that batteries placed on the Union market guarantee a high level of protection of human health, safety, property and the environment.

Amendment 11

Proposal for a regulation

Recital 19

| Text proposed by the Commission | Amendment |
| --- | --- |
| (19) | Certain substances contained in batteries, such as cobalt, lead, lithium or nickel, are acquired from scarce resources which are not easily available in the Union, and some are considered critical raw materials by the Commission.
  This is an area where
  Europe needs to enhance its strategic autonomy and increase its resilience in preparation for potential disruptions in supply due to health or other crises. Enhancing circularity and resource efficiency with increased recycling and recovery of those raw materials, will contribute to reaching that goal. |

Text proposed by the Commission

Amendment

(19)

Certain substances contained in batteries, such as cobalt, lead, lithium or nickel, are acquired from scarce resources which are not easily available in the Union, and some are considered critical raw materials by the Commission.
  This is an area where
  Europe needs to enhance its strategic autonomy and increase its resilience in preparation for potential disruptions in supply due to health or other crises. Enhancing circularity and resource efficiency with increased recycling and recovery of those raw materials, will contribute to reaching that goal.

| (19) | Certain substances contained in batteries, such as cobalt, lead, lithium or nickel, are acquired from scarce resources which are not easily available in the Union, and some are considered critical raw materials by the Commission.
  In line with the Union’s Industrial Strategy,
  Europe needs to enhance its strategic autonomy
  , including facilitating investments in factories that will produce batteries on a massive scale,
  and increase its resilience in preparation for potential disruptions in supply due to health or other crises. Enhancing circularity and resource efficiency with increased recycling and recovery of those raw materials, will contribute to reaching that goal.
  Substituting scarce raw materials with alternative more widely available materials, including renewable raw materials, would also contribute to enhancing the Union’s own battery production and strategic autonomy. It is therefore crucial that the Union and Member States support relevant research and development initiatives. |
| --- | --- |

(19)

Certain substances contained in batteries, such as cobalt, lead, lithium or nickel, are acquired from scarce resources which are not easily available in the Union, and some are considered critical raw materials by the Commission.
  In line with the Union’s Industrial Strategy,
  Europe needs to enhance its strategic autonomy
  , including facilitating investments in factories that will produce batteries on a massive scale,
  and increase its resilience in preparation for potential disruptions in supply due to health or other crises. Enhancing circularity and resource efficiency with increased recycling and recovery of those raw materials, will contribute to reaching that goal.
  Substituting scarce raw materials with alternative more widely available materials, including renewable raw materials, would also contribute to enhancing the Union’s own battery production and strategic autonomy. It is therefore crucial that the Union and Member States support relevant research and development initiatives.

Amendment 12

Proposal for a regulation

Recital 21

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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. |

Text proposed by the Commission

Amendment

(21)

In order to take into account the risk of supply of cobalt, lead, lithium and nickel and to assess their availability,
  the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to
  the Commission
  in respect of amending
  the targets for the minimum share of recycled cobalt, lead, lithium or nickel present in active materials in batteries.

| (21) | In order to take into account the risk of supply of cobalt, lead, lithium and nickel and to assess their availability,
  and in view of technical and scientific progress,
  the Commission
  should assess whether it is appropriate to revise
  the targets for the minimum share of recycled cobalt, lead, lithium or nickel present in active materials in batteries
  and, where appropriate, submit a legislative proposal for that purpose
  . |
| --- | --- |

(21)

In order to take into account the risk of supply of cobalt, lead, lithium and nickel and to assess their availability,
  and in view of technical and scientific progress,
  the Commission
  should assess whether it is appropriate to revise
  the targets for the minimum share of recycled cobalt, lead, lithium or nickel present in active materials in batteries
  and, where appropriate, submit a legislative proposal for that purpose
  .

Amendment 13

Proposal for a regulation

Recital 21 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (21a) | In order to take into account changes in battery technologies impacting the types of materials that can be recovered, 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 supplementing this Regulation to insert further raw materials and respective targets in the list of minimum shares of recycled content present in active materials in batteries. |

Text proposed by the Commission

Amendment

(21a)

In order to take into account changes in battery technologies impacting the types of materials that can be recovered, 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 supplementing this Regulation to insert further raw materials and respective targets in the list of minimum shares of recycled content present in active materials in batteries.

Amendment 14

Proposal for a regulation

Recital 22

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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. |

Text proposed by the Commission

Amendment

(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
  across the Union
  for the
  declaration on
  recovered materials
  that is to be provided by means of a harmonised format and for
  the technical documentation, implementing powers should be conferred on the Commission
  to lay down the format and the technical documentation for the declaration on recovered materials
  . |
| --- | --- |

(22)

In order to ensure uniform conditions
  across the Union
  for the
  declaration on
  recovered materials
  that is to be provided by means of a harmonised format and for
  the technical documentation, implementing powers should be conferred on the Commission
  to lay down the format and the technical documentation for the declaration on recovered materials
  .

Amendment 15

Proposal for a regulation

Recital 23

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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. |

Text proposed by the Commission

Amendment

(23)

Batteries placed on the Union market should be durable and highly performant. It is therefore necessary to set out performance and durability parameters for portable batteries
  of general use
  as well as for
  rechargeable
  industrial batteries and electric vehicle batteries. For electric vehicle batteries, the informal UNECE Working Group on Electric Vehicles and the Environment is developing in-vehicle durability requirements, so this Regulation
  is refraining from setting additional durability requirements
  . On the other hand, in the area of batteries for energy storage, existing measurement methods to test battery performance and durability are not considered sufficiently precise and representative to enable introducing minimum requirements. The introduction of minimum requirements related to performance and durability of these batteries should be accompanied by available adequate harmonised standards or common specifications.

| (23) | Batteries placed on the Union market should be durable and highly performant. It is therefore necessary to set out performance and durability parameters for portable batteries as well as for industrial
  batteries, light means of transport
  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
  should be coherent with its conclusions
  . On the other hand, in the area of batteries for energy storage, existing measurement methods to test battery performance and durability are not considered sufficiently precise and representative to enable introducing minimum requirements. The introduction of minimum requirements related to performance and durability of these batteries should be accompanied by available adequate harmonised standards or common specifications. |
| --- | --- |

(23)

Batteries placed on the Union market should be durable and highly performant. It is therefore necessary to set out performance and durability parameters for portable batteries as well as for industrial
  batteries, light means of transport
  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
  should be coherent with its conclusions
  . 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.

Amendment 16

Proposal for a regulation

Recital 24

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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. |

Text proposed by the Commission

Amendment

(24)

In order to reduce the life cycle environmental impact batteries, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the performance and durability parameters and establishing minimum values for those parameters for portable batteries
  of general use
  and for rechargeable industrial batteries.

| (24) | In order to reduce the life cycle environmental impact batteries, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the performance and durability parameters and establishing minimum values for those parameters for portable batteries
  , light means of transport batteries
  and for rechargeable industrial batteries. |
| --- | --- |

(24)

In order to reduce the life cycle environmental impact batteries, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the performance and durability parameters and establishing minimum values for those parameters for portable batteries
  , light means of transport batteries
  and for rechargeable industrial batteries.

Amendment 17

Proposal for a regulation

Recital 24 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (24a) | In order to ensure that the Union's rules on electrochemical performance and durability for electric vehicle batteries are coherent in relation to technical specifications of the informal UNECE Working Group on Electric Vehicles and the Environment and in view of technical and scientific progress, 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 minimum values for those parameters for electric vehicle batteries. |

Text proposed by the Commission

Amendment

(24a)

In order to ensure that the Union's rules on electrochemical performance and durability for electric vehicle batteries are coherent in relation to technical specifications of the informal UNECE Working Group on Electric Vehicles and the Environment and in view of technical and scientific progress, 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 minimum values for those parameters for electric vehicle batteries.

Amendment 18

Proposal for a regulation

Recital 25

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

Text proposed by the Commission

Amendment

(25)

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

| (25) | Some non-rechargeable batteries of general use may imply an inefficient use of resources and energy
  . However, non-rechargeable batteries are still used for certain devices
  . Objective requirements regarding the performance and durability of such batteries should be established in order to ensure that fewer low performing non-rechargeable portable batteries of general use are placed on the market
  . The Commission should assess, as regards specific product groups that use non- rechargeable batteries,
  based on a life cycle assessment,
  whether
  the alternative use of rechargeable batteries would result in overall environmental benefits
  and therefore whether the use of non-rechargeable portable batteries of general use should be phased out
  .
  It should also be possible to complement the requirements of this Regulation with the requirements laid down by implementing measures under Directive 2009/125/EC of the European Parliament and of the Council

   (1)

  for particular products powered by batteries. |
| --- | --- |

(25)

Some non-rechargeable batteries of general use may imply an inefficient use of resources and energy
  . However, non-rechargeable batteries are still used for certain devices
  . Objective requirements regarding the performance and durability of such batteries should be established in order to ensure that fewer low performing non-rechargeable portable batteries of general use are placed on the market
  . The Commission should assess, as regards specific product groups that use non- rechargeable batteries,
  based on a life cycle assessment,
  whether
  the alternative use of rechargeable batteries would result in overall environmental benefits
  and therefore whether the use of non-rechargeable portable batteries of general use should be phased out
  .
  It should also be possible to complement the requirements of this Regulation with the requirements laid down by implementing measures under Directive 2009/125/EC of the European Parliament and of the Council

   (1)

  for particular products powered by batteries.

Amendment 19

Proposal for a regulation

Recital 26

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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 Council

   (33). 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. |

Text proposed by the Commission

Amendment

(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 Council

   (33). Where other Union legislation lays down more specific requirements, for safety reasons, regarding the removal of batteries from products (e.g. toys), those specific rules should apply.

| (26) | In order to ensure that portable batteries incorporated into appliances are subject to proper separate collection, treatment and high quality recycling once they have become waste, provisions to ensure their removability and replaceability in such appliances are necessary
  . Rules should also be established for light means of transport 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. 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.
  Provisions should also be laid down to ensure that industrial batteries, automotive batteries and electric vehicle batteries can be removed and replaced, while taking into consideration their differing nature and specific safety requirements. |
| --- | --- |

(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
  . Rules should also be established for light means of transport 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. 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.
  Provisions should also be laid down to ensure that industrial batteries, automotive batteries and electric vehicle batteries can be removed and replaced, while taking into consideration their differing nature and specific safety requirements.

Amendment 20

Proposal for a regulation

Recital 26 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (26a) | Automotive batteries, electric vehicle batteries and industrial batteries should be removable and replaceable by qualified independent operators. Provisions to ensure that such batteries can be removed, replaced and disassembled should be laid down. It is important that the safety of such batteries when repaired can be assessed based on non-destructive tests adapted to them. In order to facilitate the repair of automotive batteries, electric vehicle batteries and industrial 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 supplementing this Regulation to establish criteria for the removability, replaceability and disassembly of automotive batteries, electric vehicle batteries and industrial batteries. In order to be able to assess the safety of such batteries when repaired, 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 defining appropriate non-destructive test methods. |

Text proposed by the Commission

Amendment

(26a)

Automotive batteries, electric vehicle batteries and industrial batteries should be removable and replaceable by qualified independent operators. Provisions to ensure that such batteries can be removed, replaced and disassembled should be laid down. It is important that the safety of such batteries when repaired can be assessed based on non-destructive tests adapted to them. In order to facilitate the repair of automotive batteries, electric vehicle batteries and industrial 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 supplementing this Regulation to establish criteria for the removability, replaceability and disassembly of automotive batteries, electric vehicle batteries and industrial batteries. In order to be able to assess the safety of such batteries when repaired, 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 defining appropriate non-destructive test methods.

Amendment 21

Proposal for a regulation

Recital 26 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (26b) | In order to further reduce waste, the interoperability of batteries, of connectors and of chargers across product types should be promoted in product-specific eco-design implementing legislation, and in the upcoming sustainable products initiative. |

Text proposed by the Commission

Amendment

(26b)

In order to further reduce waste, the interoperability of batteries, of connectors and of chargers across product types should be promoted in product-specific eco-design implementing legislation, and in the upcoming sustainable products initiative.

Amendment 22

Proposal for a regulation

Recital 26 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (26c) | Interoperability of chargers within specific categories of batteries could reduce unnecessary waste and costs for the benefit of consumers and other end-users. It should be possible therefore to recharge batteries for electric vehicles, light means of transport, and rechargeable batteries incorporated into specific categories of electrical and electronic equipment by making use of common chargers that allow interoperability within each category of batteries. This Regulation should therefore include provisions requiring the Commission to assess how best to introduce harmonised standards for common chargers applicable no later than 1 January 2026 for those categories of batteries. This assessment should be accompanied by a legislative proposal, where appropriate. |

Text proposed by the Commission

Amendment

(26c)

Interoperability of chargers within specific categories of batteries could reduce unnecessary waste and costs for the benefit of consumers and other end-users. It should be possible therefore to recharge batteries for electric vehicles, light means of transport, and rechargeable batteries incorporated into specific categories of electrical and electronic equipment by making use of common chargers that allow interoperability within each category of batteries. This Regulation should therefore include provisions requiring the Commission to assess how best to introduce harmonised standards for common chargers applicable no later than 1 January 2026 for those categories of batteries. This assessment should be accompanied by a legislative proposal, where appropriate.

Amendment 23

Proposal for a regulation

Recital 27

| Text proposed by the Commission | Amendment |
| --- | --- |
| (27) | Reliable batteries are fundamental for the operation and safety of many products, appliances and services. Therefore, batteries should be designed and manufactured to ensure their safe operation and use. This aspect is particularly relevant for stationary battery energy storage systems, which are currently not covered by other Union legislation. Parameters to be considered in safety tests should therefore be laid down for those
  energy storage systems
  . |

Text proposed by the Commission

Amendment

(27)

Reliable batteries are fundamental for the operation and safety of many products, appliances and services. Therefore, batteries should be designed and manufactured to ensure their safe operation and use. This aspect is particularly relevant for stationary battery energy storage systems, which are currently not covered by other Union legislation. Parameters to be considered in safety tests should therefore be laid down for those
  energy storage systems
  .

| (27) | Reliable batteries are fundamental for the operation and safety of many products, appliances and services. Therefore, batteries should be designed and manufactured to ensure their safe operation and use
  , in order not to cause harm or damage to humans or to the environment or property
  . This aspect is particularly relevant for
  batteries within
  stationary battery energy storage systems, which are currently not covered by other Union legislation. Parameters to be considered in safety tests should therefore be laid down for those
  batteries and be complemented by applicable CEN, CENELEC and IEC standards
  . |
| --- | --- |

(27)

Reliable batteries are fundamental for the operation and safety of many products, appliances and services. Therefore, batteries should be designed and manufactured to ensure their safe operation and use
  , in order not to cause harm or damage to humans or to the environment or property
  . This aspect is particularly relevant for
  batteries within
  stationary battery energy storage systems, which are currently not covered by other Union legislation. Parameters to be considered in safety tests should therefore be laid down for those
  batteries and be complemented by applicable CEN, CENELEC and IEC standards
  .

Amendment 24

Proposal for a regulation

Recital 28

| Text proposed by the Commission | Amendment |
| --- | --- |
| (28) | In order to provide end users with transparent, reliable and clear information about batteries and their main characteristics, and waste batteries, to enable the end users to make informed decisions when buying and discarding batteries and to enable waste operators to appropriately treat waste batteries, batteries should be labelled. Batteries should be labelled with all the necessary information concerning their main characteristics, including their capacity and content of certain hazardous substances. To ensure the availability of information over time, that information should also be made available by means of QR codes. |

Text proposed by the Commission

Amendment

(28)

In order to provide end users with transparent, reliable and clear information about batteries and their main characteristics, and waste batteries, to enable the end users to make informed decisions when buying and discarding batteries and to enable waste operators to appropriately treat waste batteries, batteries should be labelled. Batteries should be labelled with all the necessary information concerning their main characteristics, including their capacity and content of certain hazardous substances. To ensure the availability of information over time, that information should also be made available by means of QR codes.

| (28) | In order to provide end users with transparent, reliable and clear information about batteries and their main characteristics, and waste batteries, to enable the end users to make informed decisions when buying and discarding batteries and to enable waste operators to appropriately treat waste batteries, batteries should be labelled. Batteries should be labelled with all the necessary information concerning their main characteristics, including their capacity
  , production characteristics
  and content of certain hazardous substances. To ensure the availability of information over time, that information should also be made available by means of QR codes
  which should respect the guidelines of ISO IEC Standard 18004
  .
  The QR code printed or engraved on all batteries should give access to a battery's product passport. Labels and QR codes should be accessible for persons with disabilities in accordance with the requirements laid down in Directive (EU) 2019/882 of the European Parliament and of the Council

   (1)

  . |
| --- | --- |

(28)

In order to provide end users with transparent, reliable and clear information about batteries and their main characteristics, and waste batteries, to enable the end users to make informed decisions when buying and discarding batteries and to enable waste operators to appropriately treat waste batteries, batteries should be labelled. Batteries should be labelled with all the necessary information concerning their main characteristics, including their capacity
  , production characteristics
  and content of certain hazardous substances. To ensure the availability of information over time, that information should also be made available by means of QR codes
  which should respect the guidelines of ISO IEC Standard 18004
  .
  The QR code printed or engraved on all batteries should give access to a battery's product passport. Labels and QR codes should be accessible for persons with disabilities in accordance with the requirements laid down in Directive (EU) 2019/882 of the European Parliament and of the Council

   (1)

  .

Amendment 25

Proposal for a regulation

Recital 29

| Text proposed by the Commission | Amendment |
| --- | --- |
| (29) | Information about the performance of batteries is essential to ensure that end-users
  as
  consumers are well and timely informed and in particular that they have a common basis to compare different batteries before making their purchase. Therefore, portable batteries
  of general use
  and automotive batteries should be marked with a label containing the information on their minimum average duration when used in specific applications. Additionally, it is important to guide the end-user to discard waste batteries in an appropriate way. |

Text proposed by the Commission

Amendment

(29)

Information about the performance of batteries is essential to ensure that end-users
  as
  consumers are well and timely informed and in particular that they have a common basis to compare different batteries before making their purchase. Therefore, portable batteries
  of general use
  and automotive batteries should be marked with a label containing the information on their minimum average duration when used in specific applications. Additionally, it is important to guide the end-user to discard waste batteries in an appropriate way.

| (29) | Information about the performance of batteries is essential to ensure that end-users
  , especially
  consumers are well and timely informed and in particular that they have a common basis to compare different batteries before making their purchase. Therefore, portable batteries
  , light means of transport batteries
  and automotive batteries should be marked with a label containing the information on their minimum average duration when used in specific applications
  and their expected lifetime
  . Additionally, it is important to guide the end-user to discard waste batteries in an appropriate way. |
| --- | --- |

(29)

Information about the performance of batteries is essential to ensure that end-users
  , especially
  consumers are well and timely informed and in particular that they have a common basis to compare different batteries before making their purchase. Therefore, portable batteries
  , light means of transport batteries
  and automotive batteries should be marked with a label containing the information on their minimum average duration when used in specific applications
  and their expected lifetime
  . Additionally, it is important to guide the end-user to discard waste batteries in an appropriate way.

Amendment 26

Proposal for a regulation

Recital 30

| Text proposed by the Commission | Amendment |
| --- | --- |
| (30) | Rechargeable industrial
  batteries and electric-vehicle batteries
  with internal storage with a capacity above 2 kWh should
  contain a battery management system that stores data
  so that
  the state of health and expected lifetime of batteries may be determined at any time by the end-user or any other third party acting on his behalf. In order to
  repurpose or remanufacture
  a battery, access to the battery management system should be provided to the person that has purchased the battery or any third party acting on its behalf at any time for evaluating the residual value of the battery, facilitating the reuse, repurposing or remanufacturing of the battery and for making the battery available to independent aggregators, as defined in Directive (EU)
  201/944
  of the European Parliament and of the Council (34), which operate virtual power plants in electricity grids. This requirement should apply in addition to Union law on type of approval of vehicles, including technical specifications that may originate from the work of the informal UNECE Working Group on Electric Vehicles and the Environment on data access in electric vehicles. |

Text proposed by the Commission

Amendment

(30)

Rechargeable industrial
  batteries and electric-vehicle batteries
  with internal storage with a capacity above 2 kWh should
  contain a battery management system that stores data
  so that
  the state of health and expected lifetime of batteries may be determined at any time by the end-user or any other third party acting on his behalf. In order to
  repurpose or remanufacture
  a battery, access to the battery management system should be provided to the person that has purchased the battery or any third party acting on its behalf at any time for evaluating the residual value of the battery, facilitating the reuse, repurposing or remanufacturing of the battery and for making the battery available to independent aggregators, as defined in Directive (EU)
  201/944
  of the European Parliament and of the Council (34), which operate virtual power plants in electricity grids. This requirement should apply in addition to Union law on type of approval of vehicles, including technical specifications that may originate from the work of the informal UNECE Working Group on Electric Vehicles and the Environment on data access in electric vehicles.

| (30) | Batteries within stationary battery energy storage systems, light means of transport
  batteries and electric-vehicle batteries contain a battery management system that stores data.
  That battery management system should include information on
  the state of health
  , safety
  and expected lifetime of batteries
  so that those aspects
  may be determined at any time by the end-user or any other third party acting on his behalf. In order to
  facilitate the reuse, repurposing or remanufacturing of
  a battery,
  read-only data from
  access to the battery management system should be provided to the person that has purchased the battery or any third party acting on its behalf at any time for evaluating the residual value of the battery, facilitating the
  preparation for
  reuse
  , reuse, preparation for repurposing
  , repurposing or remanufacturing of the battery and for making the battery available to independent aggregators, as defined in Directive (EU)
  2019/944
  of the European Parliament and of the Council (34), which operate virtual power plants in electricity grids,
  including the necessary features enabling the operation of vehicle-to-grid services. With a view to facilitating their uptake and usage in the Union, electric vehicle batteries and light means of transport batteries should have available, in real-time read-only in-vehicle data related to battery state of health, battery state of charge, battery power set point and battery capacity. The battery management system for electric vehicle batteries should also have a communication function so as to make it possible to have smart charging functions such as vehicle-to-grid, vehicle-to-load, vehicle-to-vehicle and vehicle-to-powerbank and vehicle-to-building charging
  . This requirement should apply in addition to Union law on type of approval of vehicles, including technical specifications that may originate from the work of the informal UNECE Working Group on Electric Vehicles and the Environment on data access in electric vehicles.
  The technical specifications based on the UNECE Global Technical Regulations (UNECE GTR) once applicable in Union law should be considered to be a benchmark for the data on the parameters for determining the state of health and expected lifetime of batteries to be contained in the battery management system. |
| --- | --- |

(30)

Batteries within stationary battery energy storage systems, light means of transport
  batteries and electric-vehicle batteries contain a battery management system that stores data.
  That battery management system should include information on
  the state of health
  , safety
  and expected lifetime of batteries
  so that those aspects
  may be determined at any time by the end-user or any other third party acting on his behalf. In order to
  facilitate the reuse, repurposing or remanufacturing of
  a battery,
  read-only data from
  access to the battery management system should be provided to the person that has purchased the battery or any third party acting on its behalf at any time for evaluating the residual value of the battery, facilitating the
  preparation for
  reuse
  , reuse, preparation for repurposing
  , repurposing or remanufacturing of the battery and for making the battery available to independent aggregators, as defined in Directive (EU)
  2019/944
  of the European Parliament and of the Council (34), which operate virtual power plants in electricity grids,
  including the necessary features enabling the operation of vehicle-to-grid services. With a view to facilitating their uptake and usage in the Union, electric vehicle batteries and light means of transport batteries should have available, in real-time read-only in-vehicle data related to battery state of health, battery state of charge, battery power set point and battery capacity. The battery management system for electric vehicle batteries should also have a communication function so as to make it possible to have smart charging functions such as vehicle-to-grid, vehicle-to-load, vehicle-to-vehicle and vehicle-to-powerbank and vehicle-to-building charging
  . This requirement should apply in addition to Union law on type of approval of vehicles, including technical specifications that may originate from the work of the informal UNECE Working Group on Electric Vehicles and the Environment on data access in electric vehicles.
  The technical specifications based on the UNECE Global Technical Regulations (UNECE GTR) once applicable in Union law should be considered to be a benchmark for the data on the parameters for determining the state of health and expected lifetime of batteries to be contained in the battery management system.

Amendment 27

Proposal for a regulation

Recital 31

| Text proposed by the Commission | Amendment |
| --- | --- |
| (31) | A number of product-specific requirements under this Regulation, including on performance, durability, repurposing and safety, should be measured by using reliable, accurate and reproducible methods that take into account the generally recognised state-of-the-art measurements and calculation methodologies. In order to ensure that there are no barriers to trade on the internal market, standards should be harmonised at Union level. Such methods and standards should, to the extent possible, take into account the real-life usage of batteries, reflect the average range of consumer behaviour and be robust in order to deter intentional and unintentional circumvention. Once a reference to such a standard has been adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council (35) and published in the Official Journal of the European Union, presumption of conformity shall be established with those product-specific requirements adopted on the basis of this Regulation, provided that the outcome of such methods demonstrate that the minimum values established for those substantive requirements are attained. In the absence of published standards at the time of the application of product-specific requirements, the Commission should adopt common specifications through implementing acts and the compliance with such specifications should also give rise to the presumption of conformity. In cases where the common specifications are, at a later stage, found to have shortcomings, the Commission should by implementing act amend or repeal the common specifications in question. |

Text proposed by the Commission

Amendment

(31)

A number of product-specific requirements under this Regulation, including on performance, durability, repurposing and safety, should be measured by using reliable, accurate and reproducible methods that take into account the generally recognised state-of-the-art measurements and calculation methodologies. In order to ensure that there are no barriers to trade on the internal market, standards should be harmonised at Union level. Such methods and standards should, to the extent possible, take into account the real-life usage of batteries, reflect the average range of consumer behaviour and be robust in order to deter intentional and unintentional circumvention. Once a reference to such a standard has been adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council (35) and published in the Official Journal of the European Union, presumption of conformity shall be established with those product-specific requirements adopted on the basis of this Regulation, provided that the outcome of such methods demonstrate that the minimum values established for those substantive requirements are attained. In the absence of published standards at the time of the application of product-specific requirements, the Commission should adopt common specifications through implementing acts and the compliance with such specifications should also give rise to the presumption of conformity. In cases where the common specifications are, at a later stage, found to have shortcomings, the Commission should by implementing act amend or repeal the common specifications in question.

| (31) | A number of product-specific requirements under this Regulation, including on performance, durability, repurposing and safety, should be measured by using reliable, accurate and reproducible methods that take into account the generally recognised state-of-the-art measurements
  , standards
  and calculation methodologies. In order to ensure that there are no barriers to trade on the internal market, standards should be harmonised at Union level. Such methods and standards should, to the extent possible, take into account the real-life usage of batteries, reflect the average range of consumer behaviour and be robust in order to deter intentional and unintentional circumvention. Once a reference to such a standard has been adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council (35) and published in the Official Journal of the European Union, presumption of conformity shall be established with those product-specific requirements adopted on the basis of this Regulation, provided that the outcome of such methods demonstrate that the minimum values established for those substantive requirements are attained. In
  order to avoid doubling of standards, to maximise efficiency and to include the highest expertise and state-of the art knowledge, the Commission should seek to request one or more European standardisation organisations to draft a standard where there is an absence of such a standard. In
  the absence of published standards at the time of the application of product-specific requirements,
  or in the event of a non satisfactory response by the relevant European standardisation organisation
  the Commission should adopt
  , in exceptional, justified cases and after consultation with the relevant stakeholders,
  common specifications through implementing acts and the compliance with such specifications should also give rise to the presumption of conformity. In cases where the common specifications are, at a later stage, found to have shortcomings, the Commission should by implementing act amend or repeal the common specifications in question. |
| --- | --- |

(31)

A number of product-specific requirements under this Regulation, including on performance, durability, repurposing and safety, should be measured by using reliable, accurate and reproducible methods that take into account the generally recognised state-of-the-art measurements
  , standards
  and calculation methodologies. In order to ensure that there are no barriers to trade on the internal market, standards should be harmonised at Union level. Such methods and standards should, to the extent possible, take into account the real-life usage of batteries, reflect the average range of consumer behaviour and be robust in order to deter intentional and unintentional circumvention. Once a reference to such a standard has been adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council (35) and published in the Official Journal of the European Union, presumption of conformity shall be established with those product-specific requirements adopted on the basis of this Regulation, provided that the outcome of such methods demonstrate that the minimum values established for those substantive requirements are attained. In
  order to avoid doubling of standards, to maximise efficiency and to include the highest expertise and state-of the art knowledge, the Commission should seek to request one or more European standardisation organisations to draft a standard where there is an absence of such a standard. In
  the absence of published standards at the time of the application of product-specific requirements,
  or in the event of a non satisfactory response by the relevant European standardisation organisation
  the Commission should adopt
  , in exceptional, justified cases and after consultation with the relevant stakeholders,
  common specifications through implementing acts and the compliance with such specifications should also give rise to the presumption of conformity. In cases where the common specifications are, at a later stage, found to have shortcomings, the Commission should by implementing act amend or repeal the common specifications in question.

Amendment 28

Proposal for a regulation

Recital 31 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (31a) | An active involvement in the work of international standardisation committees is an important strategic prerequisite for placing future technologies into the market. In some cases, participation of the Union has been underrepresented in these committees. Therefore, the Commission and Member States should actively support the work of European companies in such international standardisation committees. Before considering the adoption of standards by secondary legislation, the Commission should carefully assess the work done at international level. |

Text proposed by the Commission

Amendment

(31a)

An active involvement in the work of international standardisation committees is an important strategic prerequisite for placing future technologies into the market. In some cases, participation of the Union has been underrepresented in these committees. Therefore, the Commission and Member States should actively support the work of European companies in such international standardisation committees. Before considering the adoption of standards by secondary legislation, the Commission should carefully assess the work done at international level.

Amendment 29

Proposal for a regulation

Recital 31 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (31b) | The Commission should ensure that there is consistency regarding harmonised standards and common specifications under this regulation and when reviewing Regulation (EU) No 1025/2012. |

Text proposed by the Commission

Amendment

(31b)

The Commission should ensure that there is consistency regarding harmonised standards and common specifications under this regulation and when reviewing Regulation (EU) No 1025/2012.

Amendment 30

Proposal for a regulation

Recital 32

| Text proposed by the Commission | Amendment |
| --- | --- |
| (32) | To ensure effective access to information for market surveillance purposes, to adapt to new technologies and to ensure resilience in case of global crises, such as the Covid-19 pandemic,
  it should be possible to give
  information regarding conformity with all Union acts applicable to batteries online in the form of a single EU declaration of conformity. |

Text proposed by the Commission

Amendment

(32)

To ensure effective access to information for market surveillance purposes, to adapt to new technologies and to ensure resilience in case of global crises, such as the Covid-19 pandemic,
  it should be possible to give
  information regarding conformity with all Union acts applicable to batteries online in the form of a single EU declaration of conformity.

| (32) | To ensure effective access to information for market surveillance purposes, to adapt to new technologies and to ensure resilience in case of global crises, such as the Covid-19 pandemic, information regarding conformity with all Union acts applicable to batteries
  could be provided
  online in the form of a single EU declaration of conformity. |
| --- | --- |

(32)

To ensure effective access to information for market surveillance purposes, to adapt to new technologies and to ensure resilience in case of global crises, such as the Covid-19 pandemic, information regarding conformity with all Union acts applicable to batteries
  could be provided
  online in the form of a single EU declaration of conformity.

Amendment 31

Proposal for a regulation

Recital 35

| Text proposed by the Commission | Amendment |
| --- | --- |
| (35) | The chosen modules do not however reflect certain specific aspects of batteries and thus, it is necessary to adapt the modules chosen for the conformity assessment procedure. In order to take account of the novelty and complexity of the sustainability, safety
  and
  labelling requirements set out in this Regulation and for the purpose of ensuring the conformity of batteries placed on the market with the legal requirements, 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 conformity assessment procedures by adding verifications steps or changing assessment module, on the basis of developments on the battery market or in the battery value chain. |

Text proposed by the Commission

Amendment

(35)

The chosen modules do not however reflect certain specific aspects of batteries and thus, it is necessary to adapt the modules chosen for the conformity assessment procedure. In order to take account of the novelty and complexity of the sustainability, safety
  and
  labelling requirements set out in this Regulation and for the purpose of ensuring the conformity of batteries placed on the market with the legal requirements, 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 conformity assessment procedures by adding verifications steps or changing assessment module, on the basis of developments on the battery market or in the battery value chain.

| (35) | The chosen modules do not however reflect certain specific aspects of batteries and thus, it is necessary to adapt the modules chosen for the conformity assessment procedure. In order to take account of the novelty and complexity of the sustainability, safety, labelling
  and information
  requirements set out in this Regulation and for the purpose of ensuring the conformity of batteries placed on the market with the legal requirements, 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 conformity assessment procedures by adding verifications steps or changing assessment module, on the basis of developments on the battery market or in the battery value chain.
  Robust conformity assessment procedures are needed to ensure that there is conformity with sustainable requirements and value chain due diligence obligations set out in this Regulation. |
| --- | --- |

(35)

The chosen modules do not however reflect certain specific aspects of batteries and thus, it is necessary to adapt the modules chosen for the conformity assessment procedure. In order to take account of the novelty and complexity of the sustainability, safety, labelling
  and information
  requirements set out in this Regulation and for the purpose of ensuring the conformity of batteries placed on the market with the legal requirements, 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 conformity assessment procedures by adding verifications steps or changing assessment module, on the basis of developments on the battery market or in the battery value chain.
  Robust conformity assessment procedures are needed to ensure that there is conformity with sustainable requirements and value chain due diligence obligations set out in this Regulation.

Amendment 32

Proposal for a regulation

Recital 38

| Text proposed by the Commission | Amendment |
| --- | --- |
| (38) | Due to the novelty and complexity of the sustainability, safety
  and
  labelling requirements for batteries and in order to ensure a consistent level of quality in the performance of conformity assessment of batteries, it is necessary to set requirements for notifying authorities involved in the assessment, notification and monitoring of notified bodies. In particular, it should be ensured that the notifying authority is objective and impartial with regard to its activity. Furthermore, notifying authorities should be required to safeguard the confidentiality of the information it obtains but should nonetheless be able to exchange information on notified bodies with national authorities, the notifying authorities of other Member States and the Commission to ensure consistency in the conformity assessment. |

Text proposed by the Commission

Amendment

(38)

Due to the novelty and complexity of the sustainability, safety
  and
  labelling requirements for batteries and in order to ensure a consistent level of quality in the performance of conformity assessment of batteries, it is necessary to set requirements for notifying authorities involved in the assessment, notification and monitoring of notified bodies. In particular, it should be ensured that the notifying authority is objective and impartial with regard to its activity. Furthermore, notifying authorities should be required to safeguard the confidentiality of the information it obtains but should nonetheless be able to exchange information on notified bodies with national authorities, the notifying authorities of other Member States and the Commission to ensure consistency in the conformity assessment.

| (38) | Due to the novelty and complexity of the sustainability,
  performance,
  safety, labelling
  and information
  requirements for batteries and in order to ensure a consistent level of quality in the performance of conformity assessment of batteries, it is necessary to set requirements for notifying authorities involved in the assessment, notification and monitoring of notified bodies. In particular, it should be ensured that the notifying authority is objective and impartial with regard to its activity
  and has a sufficient number of technically competent members of staff to perform its tasks
  . Furthermore, notifying authorities should be required to safeguard the confidentiality of the information it obtains but should nonetheless be able to exchange information on notified bodies with national authorities, the notifying authorities of other Member States and the Commission to ensure consistency in the conformity assessment. |
| --- | --- |

(38)

Due to the novelty and complexity of the sustainability,
  performance,
  safety, labelling
  and information
  requirements for batteries and in order to ensure a consistent level of quality in the performance of conformity assessment of batteries, it is necessary to set requirements for notifying authorities involved in the assessment, notification and monitoring of notified bodies. In particular, it should be ensured that the notifying authority is objective and impartial with regard to its activity
  and has a sufficient number of technically competent members of staff to perform its tasks
  . Furthermore, notifying authorities should be required to safeguard the confidentiality of the information it obtains but should nonetheless be able to exchange information on notified bodies with national authorities, the notifying authorities of other Member States and the Commission to ensure consistency in the conformity assessment.

Amendment 33

Proposal for a regulation

Recital 39

| Text proposed by the Commission | Amendment |
| --- | --- |
| (39) | It is essential that all notified bodies perform their functions to the same level and under conditions of fair competition and autonomy. Therefore, requirements for conformity assessment bodies wishing to be notified in order to provide conformity assessment activities should be set. Those requirements should continue to apply as a prerequisite for the maintenance of the competence of the notified body. To ensure its autonomy, the notified body and the staff it employs should be required to maintain independence from economic operators in the battery value chain and from other companies, including business associations and parent companies and subsidiaries. The notified body should be required to document its independence and provide that documentation to the notifying authority. |

Text proposed by the Commission

Amendment

(39)

It is essential that all notified bodies perform their functions to the same level and under conditions of fair competition and autonomy. Therefore, requirements for conformity assessment bodies wishing to be notified in order to provide conformity assessment activities should be set. Those requirements should continue to apply as a prerequisite for the maintenance of the competence of the notified body. To ensure its autonomy, the notified body and the staff it employs should be required to maintain independence from economic operators in the battery value chain and from other companies, including business associations and parent companies and subsidiaries. The notified body should be required to document its independence and provide that documentation to the notifying authority.

| (39) | It is essential that all notified bodies perform their functions to the same level and under conditions of fair competition and autonomy. Therefore, requirements for conformity assessment bodies wishing to be notified in order to provide conformity assessment activities should be set. Those requirements should continue to apply as a prerequisite for the maintenance of the competence of the notified body. To ensure its autonomy, the notified body and the staff it employs should be required to maintain independence from economic operators in the battery value chain and from other companies, including business associations and parent companies and subsidiaries. The notified body should be required to document its independence and provide that documentation to the notifying authority.
  The rotation of teams and appropriate ‘cooling off’ periods should also be required. |
| --- | --- |

(39)

It is essential that all notified bodies perform their functions to the same level and under conditions of fair competition and autonomy. Therefore, requirements for conformity assessment bodies wishing to be notified in order to provide conformity assessment activities should be set. Those requirements should continue to apply as a prerequisite for the maintenance of the competence of the notified body. To ensure its autonomy, the notified body and the staff it employs should be required to maintain independence from economic operators in the battery value chain and from other companies, including business associations and parent companies and subsidiaries. The notified body should be required to document its independence and provide that documentation to the notifying authority.
  The rotation of teams and appropriate ‘cooling off’ periods should also be required.

Amendment 34

Proposal for a regulation

Recital 42

| Text proposed by the Commission | Amendment |
| --- | --- |
| (42) | Since the services offered by notified bodies in a Member State might relate to batteries made available on the market throughout the Union, it is appropriate to give the other Member States
  and
  the Commission the opportunity to raise objections concerning a notified body. In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission in order to request the notifying authority to take corrective action in case a notified body does not meet or no longer meets the requirements of this Regulation. |

Text proposed by the Commission

Amendment

(42)

Since the services offered by notified bodies in a Member State might relate to batteries made available on the market throughout the Union, it is appropriate to give the other Member States
  and
  the Commission the opportunity to raise objections concerning a notified body. In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission in order to request the notifying authority to take corrective action in case a notified body does not meet or no longer meets the requirements of this Regulation.

| (42) | Since the services offered by notified bodies in a Member State might relate to batteries made available on the market throughout the Union, it is appropriate to give the other Member States, the Commission
  , economic operators and relevant stakeholders
  the opportunity to raise objections concerning a notified body
  . The Commission, during the investigation proceedings, should seek the advice of a Union testing facility designated in accordance with Regulation (EU) 2019/1020
  . In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission in order to request the notifying authority to take corrective action in case a notified body does not meet or no longer meets the requirements of this Regulation. |
| --- | --- |

(42)

Since the services offered by notified bodies in a Member State might relate to batteries made available on the market throughout the Union, it is appropriate to give the other Member States, the Commission
  , economic operators and relevant stakeholders
  the opportunity to raise objections concerning a notified body
  . The Commission, during the investigation proceedings, should seek the advice of a Union testing facility designated in accordance with Regulation (EU) 2019/1020
  . In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission in order to request the notifying authority to take corrective action in case a notified body does not meet or no longer meets the requirements of this Regulation.

Amendment 35

Proposal for a regulation

Recital 43

| Text proposed by the Commission | Amendment |
| --- | --- |
| (43) | In the interests of facilitating and accelerating the conformity assessment procedure, the certification and ultimately the market access and in view of the novelty and complexity of the sustainability, safety
  and
  labelling requirements for batteries, it is crucial that notified bodies have continuous access to all testing equipment and testing facilities needed and that they apply the procedures without creating unnecessary burdens for economic operators. For the same reason, and to ensure equal treatment of economic operators, it is necessary that the notified bodies apply the conformity assessment procedures consistently. |

Text proposed by the Commission

Amendment

(43)

In the interests of facilitating and accelerating the conformity assessment procedure, the certification and ultimately the market access and in view of the novelty and complexity of the sustainability, safety
  and
  labelling requirements for batteries, it is crucial that notified bodies have continuous access to all testing equipment and testing facilities needed and that they apply the procedures without creating unnecessary burdens for economic operators. For the same reason, and to ensure equal treatment of economic operators, it is necessary that the notified bodies apply the conformity assessment procedures consistently.

| (43) | In the interests of facilitating and accelerating the conformity assessment procedure, the certification and ultimately the market access and in view of the novelty and complexity of the sustainability, safety, labelling
  and information
  requirements for batteries, it is crucial that notified bodies have continuous access to all testing equipment and testing facilities needed and that they apply the procedures without creating unnecessary burdens for economic operators. For the same reason, and to ensure equal treatment of economic operators, it is necessary that the notified bodies apply the conformity assessment procedures consistently. |
| --- | --- |

(43)

In the interests of facilitating and accelerating the conformity assessment procedure, the certification and ultimately the market access and in view of the novelty and complexity of the sustainability, safety, labelling
  and information
  requirements for batteries, it is crucial that notified bodies have continuous access to all testing equipment and testing facilities needed and that they apply the procedures without creating unnecessary burdens for economic operators. For the same reason, and to ensure equal treatment of economic operators, it is necessary that the notified bodies apply the conformity assessment procedures consistently.

Amendment 36

Proposal for a regulation

Recital 51

| Text proposed by the Commission | Amendment |
| --- | --- |
| (51) | In order to facilitate communication between economic operators, market surveillance authorities and consumers, economic operators should, as part of their contact details, indicate a website address
  in addition to the postal address
  . |

Text proposed by the Commission

Amendment

(51)

In order to facilitate communication between economic operators, market surveillance authorities and consumers, economic operators should, as part of their contact details, indicate a website address
  in addition to the postal address
  .

| (51) | In order to facilitate communication between economic operators, market surveillance authorities and consumers, economic operators should, as part of their contact details, indicate a 
  telephone number, postal, email and
  website address. |
| --- | --- |

(51)

In order to facilitate communication between economic operators, market surveillance authorities and consumers, economic operators should, as part of their contact details, indicate a 
  telephone number, postal, email and
  website address.

Amendment 37

Proposal for a regulation

Recital 52

| Text proposed by the Commission | Amendment |
| --- | --- |
| (52) | It is necessary to ensure that batteries from third countries entering the Union market comply with the requirements of this Regulation, whether imported as self-standing batteries or contained in products, and in particular that appropriate conformity assessment procedures have been carried out by manufacturers with regard to those batteries. Provision should therefore be made for importers to make sure that the batteries they place on the market and put into service comply with the requirements of this Regulation and that the CE marking on batteries and documentation drawn up by manufacturers are available for inspection by the national authorities. |

Text proposed by the Commission

Amendment

(52)

It is necessary to ensure that batteries from third countries entering the Union market comply with the requirements of this Regulation, whether imported as self-standing batteries or contained in products, and in particular that appropriate conformity assessment procedures have been carried out by manufacturers with regard to those batteries. Provision should therefore be made for importers to make sure that the batteries they place on the market and put into service comply with the requirements of this Regulation and that the CE marking on batteries and documentation drawn up by manufacturers are available for inspection by the national authorities.

| (52) | It is necessary to ensure that batteries from third countries entering the Union market comply with the requirements of this Regulation,
  and with relevant applicable Union law,
  whether imported as self-standing batteries or contained in products, and in particular that appropriate conformity assessment procedures have been carried out by manufacturers with regard to those batteries
  . Special attention should be given to ensuring that the third party auditing of requirements of this Regulation relating to the production process of batteries is robust and independent. Compliance with the carbon footprint declaration, recycled content, as well as human rights and battery value chain due diligence obligations laid down in this Regulation should be therefore fully ensured
  . Provision should therefore be made for importers to make sure that the batteries they place on the market and put into service comply with the requirements of this Regulation and that the CE marking on batteries and documentation drawn up by manufacturers are available for inspection by the national authorities.
  Those authorities, in particular when carrying out controls on products entering the Union market from third countries, should ensure that there is consistent enforcement of Union law through an effective and uniform level of control, in accordance with Regulation (EU) 2019/1020. |
| --- | --- |

(52)

It is necessary to ensure that batteries from third countries entering the Union market comply with the requirements of this Regulation,
  and with relevant applicable Union law,
  whether imported as self-standing batteries or contained in products, and in particular that appropriate conformity assessment procedures have been carried out by manufacturers with regard to those batteries
  . Special attention should be given to ensuring that the third party auditing of requirements of this Regulation relating to the production process of batteries is robust and independent. Compliance with the carbon footprint declaration, recycled content, as well as human rights and battery value chain due diligence obligations laid down in this Regulation should be therefore fully ensured
  . Provision should therefore be made for importers to make sure that the batteries they place on the market and put into service comply with the requirements of this Regulation and that the CE marking on batteries and documentation drawn up by manufacturers are available for inspection by the national authorities.
  Those authorities, in particular when carrying out controls on products entering the Union market from third countries, should ensure that there is consistent enforcement of Union law through an effective and uniform level of control, in accordance with Regulation (EU) 2019/1020.

Amendment 38

Proposal for a regulation

Recital 53

| Text proposed by the Commission | Amendment |
| --- | --- |
| (53) | When placing a battery on the market or putting it into service, every importer should indicate on the battery the importer’s name, registered trade name or registered trade mark as well as the postal address. Exceptions should be provided for in cases where the size of the battery does not allow it
  . This includes
  cases where the importer would have to open the packaging to put the name and
  address on
  the battery or where
  the battery is too small in size to affix
  this information.. |

Text proposed by the Commission

Amendment

(53)

When placing a battery on the market or putting it into service, every importer should indicate on the battery the importer’s name, registered trade name or registered trade mark as well as the postal address. Exceptions should be provided for in cases where the size of the battery does not allow it
  . This includes
  cases where the importer would have to open the packaging to put the name and
  address on
  the battery or where
  the battery is too small in size to affix
  this information..

| (53) | When placing a battery on the market or putting it into service, every importer should indicate on the battery the importer’s name, registered trade name or registered trade mark as well as the postal address
  , e-mail address and telephone number
  . Exceptions should be provided for in cases where the size of the battery does not allow it
  because the battery is too small in size to affix that information. Exceptions should also be provided for in
  cases where the importer would have to open the packaging to put the name and
  the other contact details. In those exceptional cases, the importer should provide that information in a document accompanying
  the battery or
  in another immediately accessible way.
  Where
  packaging exists, it should be used to indicate
  this information. |
| --- | --- |

(53)

When placing a battery on the market or putting it into service, every importer should indicate on the battery the importer’s name, registered trade name or registered trade mark as well as the postal address
  , e-mail address and telephone number
  . Exceptions should be provided for in cases where the size of the battery does not allow it
  because the battery is too small in size to affix that information. Exceptions should also be provided for in
  cases where the importer would have to open the packaging to put the name and
  the other contact details. In those exceptional cases, the importer should provide that information in a document accompanying
  the battery or
  in another immediately accessible way.
  Where
  packaging exists, it should be used to indicate
  this information.

Amendment 39

Proposal for a regulation

Recital 56

| Text proposed by the Commission | Amendment |
| --- | --- |
| (56) | Distributors
  and
  importers, being close to the market place, should be involved in market surveillance tasks carried out by the national authorities, and should be prepared to participate actively, providing those authorities with all necessary information relating to the battery concerned. |

Text proposed by the Commission

Amendment

(56)

Distributors
  and
  importers, being close to the market place, should be involved in market surveillance tasks carried out by the national authorities, and should be prepared to participate actively, providing those authorities with all necessary information relating to the battery concerned.

| (56) | Distributors, importers
  and fulfilment service providers, including market places
  , being close to the market place, should be involved in market surveillance tasks carried out by the national authorities, and should be prepared to participate actively, providing those authorities with all necessary information relating to the battery concerned. |
| --- | --- |

(56)

Distributors, importers
  and fulfilment service providers, including market places
  , being close to the market place, should be involved in market surveillance tasks carried out by the national authorities, and should be prepared to participate actively, providing those authorities with all necessary information relating to the battery concerned.

Amendment 40

Proposal for a regulation

Recital 57

| Text proposed by the Commission | Amendment |
| --- | --- |
| (57) | Ensuring traceability of a battery throughout the whole supply chain helps to make market surveillance simpler and more efficient. An efficient traceability system facilitates the market surveillance authorities' task of tracing economic operators who placed on the market or made available on the market or put into service non-compliant batteries. The economic operators should therefore be required to keep the information on their transactions of batteries for a certain period of time. |

Text proposed by the Commission

Amendment

(57)

Ensuring traceability of a battery throughout the whole supply chain helps to make market surveillance simpler and more efficient. An efficient traceability system facilitates the market surveillance authorities' task of tracing economic operators who placed on the market or made available on the market or put into service non-compliant batteries. The economic operators should therefore be required to keep the information on their transactions of batteries for a certain period of time.

| (57) | Ensuring traceability of a battery throughout the whole supply chain helps to make market surveillance simpler and more efficient
  , and provides transparency to consumers
  . An efficient traceability system facilitates the market surveillance authorities' task of tracing economic operators who placed on the market or made available on the market or put into service non-compliant batteries. The economic operators should therefore be required to keep the information on their transactions of batteries for a certain period of time
  , including in electronic form
  . |
| --- | --- |

(57)

Ensuring traceability of a battery throughout the whole supply chain helps to make market surveillance simpler and more efficient
  , and provides transparency to consumers
  . An efficient traceability system facilitates the market surveillance authorities' task of tracing economic operators who placed on the market or made available on the market or put into service non-compliant batteries. The economic operators should therefore be required to keep the information on their transactions of batteries for a certain period of time
  , including in electronic form
  .

Amendment 41

Proposal for a regulation

Recital 59

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

Text proposed by the Commission

Amendment

(59)

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

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

(59)

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

Amendment 42

Proposal for a regulation

Recital 60

| Text proposed by the Commission | Amendment |
| --- | --- |
| (60) | Some of the raw materials in question, such as cobalt, lithium and natural graphite, are considered as critical raw materials for the EU (38) and their sustainable sourcing is required for the EU battery ecosystem to perform adequately. |

Text proposed by the Commission

Amendment

(60)

Some of the raw materials in question, such as cobalt, lithium and natural graphite, are considered as critical raw materials for the EU (38) and their sustainable sourcing is required for the EU battery ecosystem to perform adequately.

| (60) | Some of the raw materials in question, such as
  bauxite,
  cobalt, lithium and natural graphite, are considered as critical raw materials for the EU (38) and their sustainable sourcing is required for the EU battery ecosystem to perform adequately. |
| --- | --- |

(60)

Some of the raw materials in question, such as
  bauxite,
  cobalt, lithium and natural graphite, are considered as critical raw materials for the EU (38) and their sustainable sourcing is required for the EU battery ecosystem to perform adequately.

Amendment 43

Proposal for a regulation

Recital 62

| Text proposed by the Commission | Amendment |
| --- | --- |
| (62) | In the Union, general requirements on due diligence in relation to certain minerals and metals were introduced by Regulation (EU)
  No
  2017/821 of the European Parliament and of the Council (39). That Regulation does not, however, address the minerals and materials used for battery production. |

Text proposed by the Commission

Amendment

(62)

In the Union, general requirements on due diligence in relation to certain minerals and metals were introduced by Regulation (EU)
  No
  2017/821 of the European Parliament and of the Council (39). That Regulation does not, however, address the minerals and materials used for battery production.

| (62) | The United Nations Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises stipulate that economic operators should carry out due diligence as a means to meet their corporate responsibility with respect to human rights and the environment.
  In the Union, general requirements on due diligence in relation to certain minerals and metals were introduced by Regulation (EU) 2017/821 of the European Parliament and of the Council (39). That Regulation does not, however, address the minerals and materials used for battery production. |
| --- | --- |

(62)

The United Nations Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises stipulate that economic operators should carry out due diligence as a means to meet their corporate responsibility with respect to human rights and the environment.
  In the Union, general requirements on due diligence in relation to certain minerals and metals were introduced by Regulation (EU) 2017/821 of the European Parliament and of the Council (39). That Regulation does not, however, address the minerals and materials used for battery production.

Amendment 44

Proposal for a regulation

Recital 63

| Text proposed by the Commission | Amendment |
| --- | --- |
| (63) | Therefore, in view of the expected exponential growth in battery demand in the EU
  , the economic operator that places a
  battery
  on the EU market should set up a supply
  chain due diligence
  policy. The requirements therefore
  should be laid down, with the objective to address the social and environmental risks inherent in the extraction, processing and trading of certain raw materials for battery manufacturing purposes. |

Text proposed by the Commission

Amendment

(63)

Therefore, in view of the expected exponential growth in battery demand in the EU
  , the economic operator that places a
  battery
  on the EU market should set up a supply
  chain due diligence
  policy. The requirements therefore
  should be laid down, with the objective to address the social and environmental risks inherent in the extraction, processing and trading of certain raw materials for battery manufacturing purposes.

| (63) | The responsibility to respect human rights, social rights, human health and the environment should apply to all manufacturing operations and other related business relationships of an economic operator throughout the battery value chain.
  Therefore, in view of the expected exponential growth in battery demand in the EU
  and the fact that the extraction, processing and trading of certain raw materials, chemicals and secondary raw materials that are used in the
  battery
  manufacturing and occur in waste battery treatment, carry particular risks, certain requirements for the battery value
  chain due diligence
  process
  should be laid down, with the objective to address the social and environmental risks inherent in the extraction, processing and trading of certain raw materials
  , chemicals and secondary raw materials
  for battery manufacturing purposes
  , waste battery treatment, the manufacturing process itself as well as all related other business relationships
  . |
| --- | --- |

(63)

The responsibility to respect human rights, social rights, human health and the environment should apply to all manufacturing operations and other related business relationships of an economic operator throughout the battery value chain.
  Therefore, in view of the expected exponential growth in battery demand in the EU
  and the fact that the extraction, processing and trading of certain raw materials, chemicals and secondary raw materials that are used in the
  battery
  manufacturing and occur in waste battery treatment, carry particular risks, certain requirements for the battery value
  chain due diligence
  process
  should be laid down, with the objective to address the social and environmental risks inherent in the extraction, processing and trading of certain raw materials
  , chemicals and secondary raw materials
  for battery manufacturing purposes
  , waste battery treatment, the manufacturing process itself as well as all related other business relationships
  .

Amendment 45

Proposal for a regulation

Recital 64

| Text proposed by the Commission | Amendment |
| --- | --- |
| (64) | When putting in place a risk-based due diligence
  policy
  , it should be based on internationally recognised due diligence principles in the Ten Principles of the United Nations Global Compact (40), the Guidelines for Social Life Cycle Assessment of Products (41), the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy (42), and the OECD Due Diligence Guidance for Responsible Business Conduct (RBC) (43), which reflect a common understanding amongst governments and stakeholders, and should be tailored to the specific context and circumstances of each economic operator. In relation to the extraction, processing and trading of natural mineral resources used for battery production, the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas (44) (‘OECD Due Diligence Guidance’) represents a long-standing effort by governments and stakeholders to establish good practice in this area. |

Text proposed by the Commission

Amendment

(64)

When putting in place a risk-based due diligence
  policy
  , it should be based on internationally recognised due diligence principles in the Ten Principles of the United Nations Global Compact (40), the Guidelines for Social Life Cycle Assessment of Products (41), the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy (42), and the OECD Due Diligence Guidance for Responsible Business Conduct (RBC) (43), which reflect a common understanding amongst governments and stakeholders, and should be tailored to the specific context and circumstances of each economic operator. In relation to the extraction, processing and trading of natural mineral resources used for battery production, the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas (44) (‘OECD Due Diligence Guidance’) represents a long-standing effort by governments and stakeholders to establish good practice in this area.

| (64) | When putting in place a risk-based due diligence
  process
  , it should be based on internationally recognised due diligence
  standards and
  principles in
  the United Nations Guiding Principles on Business and Human Rights,
  the Ten Principles of the United Nations Global Compact (40), the Guidelines for Social Life Cycle Assessment of Products (41), the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy (42),
  the OECD Guidelines for Multinational Enterprises
  and the OECD Due Diligence Guidance for Responsible Business Conduct (RBC) (43), which reflect a common understanding amongst governments and stakeholders, and should be tailored to the specific context and circumstances of each economic operator. In relation to the extraction, processing and trading of natural mineral resources
  from high-risk areas
  used for battery production, the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas (44) (‘OECD Due Diligence Guidance’) represents
  an internationally acknowledged standard addressing specific risks of gross human rights violations related to the sourcing and trading of certain raw materials in the context of conflict, and
  a long-standing effort by governments and stakeholders to establish good practice in this area. |
| --- | --- |

(64)

When putting in place a risk-based due diligence
  process
  , it should be based on internationally recognised due diligence
  standards and
  principles in
  the United Nations Guiding Principles on Business and Human Rights,
  the Ten Principles of the United Nations Global Compact (40), the Guidelines for Social Life Cycle Assessment of Products (41), the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy (42),
  the OECD Guidelines for Multinational Enterprises
  and the OECD Due Diligence Guidance for Responsible Business Conduct (RBC) (43), which reflect a common understanding amongst governments and stakeholders, and should be tailored to the specific context and circumstances of each economic operator. In relation to the extraction, processing and trading of natural mineral resources
  from high-risk areas
  used for battery production, the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas (44) (‘OECD Due Diligence Guidance’) represents
  an internationally acknowledged standard addressing specific risks of gross human rights violations related to the sourcing and trading of certain raw materials in the context of conflict, and
  a long-standing effort by governments and stakeholders to establish good practice in this area.

Amendment 46

Proposal for a regulation

Recital 65

| Text proposed by the Commission | Amendment |
| --- | --- |
| (65) | According to
  the OECD Due Diligence Guidance

   (45), due diligence is an on-going, proactive and reactive process through which companies can ensure that they respect human rights and do not contribute to conflict (46). Risk-based due diligence refers to the steps companies should take to identify
  and address actual or potential risks in order to
  prevent
  or
  mitigate adverse impacts associated with their activities or sourcing decisions A company can assess risk posed by its activities and relationships and adopt risks mitigating measures in line with relevant standards provided under national and international law, recommendations on responsible business conduct by international organisations, government-backed tools, private sector voluntary initiatives and a company's internal policies and systems. This approach also helps to scale the due diligence exercise to the size of the company's activities or supply chain relationships. |

Text proposed by the Commission

Amendment

(65)

According to
  the OECD Due Diligence Guidance

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

| (65) | According to
  the UN, ILO and OCED standards and principles
  , due diligence is an on-going, proactive and reactive process through which companies can ensure that they respect human rights
  , the environment
  and do not contribute to conflict (46). Risk-based due diligence refers to the steps companies should take to identify, prevent
  , cease,
  mitigate
  and account for
  adverse impacts associated with their activities or sourcing decisions
  . Economic operators should conduct informed, effective and meaningful consultation with affected communities.
   A company can assess risk posed by its activities and relationships and adopt risks mitigating measures
  , which may include requiring additional information, negotiating with a view to redress the situation, or suspending or discontinuing engagement with suppliers,
  in line with relevant standards provided under national and international law, recommendations on responsible business conduct by international organisations, government-backed tools, private sector voluntary initiatives and a company's internal policies and systems. This approach also helps to scale the due diligence exercise to the size of the company's activities or supply chain relationships.
  Battery value chain due diligence requirements should apply to any economic operator, including online platforms, that places batteries on the European market. |
| --- | --- |

(65)

According to
  the UN, ILO and OCED standards and principles
  , due diligence is an on-going, proactive and reactive process through which companies can ensure that they respect human rights
  , the environment
  and do not contribute to conflict (46). Risk-based due diligence refers to the steps companies should take to identify, prevent
  , cease,
  mitigate
  and account for
  adverse impacts associated with their activities or sourcing decisions
  . Economic operators should conduct informed, effective and meaningful consultation with affected communities.
   A company can assess risk posed by its activities and relationships and adopt risks mitigating measures
  , which may include requiring additional information, negotiating with a view to redress the situation, or suspending or discontinuing engagement with suppliers,
  in line with relevant standards provided under national and international law, recommendations on responsible business conduct by international organisations, government-backed tools, private sector voluntary initiatives and a company's internal policies and systems. This approach also helps to scale the due diligence exercise to the size of the company's activities or supply chain relationships.
  Battery value chain due diligence requirements should apply to any economic operator, including online platforms, that places batteries on the European market.

Amendment 47

Proposal for a regulation

Recital 65 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (65a) | While private sector due diligence schemes can support economic operators in their due diligence, economic operators should be individually responsible for compliance with the battery value chain due diligence obligations set out in this Regulation. |

Text proposed by the Commission

Amendment

(65a)

While private sector due diligence schemes can support economic operators in their due diligence, economic operators should be individually responsible for compliance with the battery value chain due diligence obligations set out in this Regulation.

Amendment 48

Proposal for a regulation

Recital 65 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (65b) | Specific technical assistance should be provided to economic operators, especially to small and medium-sized companies, by Member States so that they can comply with battery value chain due diligence requirements. |

Text proposed by the Commission

Amendment

(65b)

Specific technical assistance should be provided to economic operators, especially to small and medium-sized companies, by Member States so that they can comply with battery value chain due diligence requirements.

Amendment 49

Proposal for a regulation

Recital 66

| Text proposed by the Commission | Amendment |
| --- | --- |
| (66) | Mandatory
  supply
  chain due diligence policies should be adopted or modified and address, at least, the most prevalent social and environmental risk categories. This should cover the current and foreseeable impacts, on one hand, on social life, in particular human rights, human health and safety as well as occupational health and safety and labour rights, and, on the other hand, on the environment, in particular on water use, soil protection, air pollution and biodiversity, including community life. |

Text proposed by the Commission

Amendment

(66)

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

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

(66)

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

Amendment 50

Proposal for a regulation

Recital 67

| Text proposed by the Commission | Amendment |
| --- | --- |
| (67) | As regards the social risk categories, due diligence policies should address the risks in the battery
  supply
  chain in relation to the protection of human rights, including human health, protection of children and gender equality, in line with international human rights law (47) . The due diligence policies should include information on how the economic operator has contributed to the prevention of human rights abuses and on the instruments in place with the operator’s business structure to fight corruption and bribery. The due diligence policies should also ensure correct implementation of the rules of fundamental conventions of the International Labour Organisation (48) as listed in Annex I of the ILO Tripartite Declaration. |

Text proposed by the Commission

Amendment

(67)

As regards the social risk categories, due diligence policies should address the risks in the battery
  supply
  chain in relation to the protection of human rights, including human health, protection of children and gender equality, in line with international human rights law (47) . The due diligence policies should include information on how the economic operator has contributed to the prevention of human rights abuses and on the instruments in place with the operator’s business structure to fight corruption and bribery. The due diligence policies should also ensure correct implementation of the rules of fundamental conventions of the International Labour Organisation (48) as listed in Annex I of the ILO Tripartite Declaration.

| (67) | As regards the social risk categories,
  battery value chain
  due diligence policies should address the risks in the battery
  value
  chain in relation to the protection of human rights, including human health,
  the rights of indigenous peoples, the
  protection of children and gender equality, in line with international human rights law (47). The
  battery value chain
  due diligence policies should include information on how the economic operator has contributed to the prevention of human rights abuses and on the instruments in place with the operator’s business structure to fight corruption and bribery. The
  battery value chain
  due diligence policies should also ensure correct implementation of the rules of fundamental conventions of the International Labour Organisation (48) as listed in Annex I of the ILO Tripartite Declaration. |
| --- | --- |

(67)

As regards the social risk categories,
  battery value chain
  due diligence policies should address the risks in the battery
  value
  chain in relation to the protection of human rights, including human health,
  the rights of indigenous peoples, the
  protection of children and gender equality, in line with international human rights law (47). The
  battery value chain
  due diligence policies should include information on how the economic operator has contributed to the prevention of human rights abuses and on the instruments in place with the operator’s business structure to fight corruption and bribery. The
  battery value chain
  due diligence policies should also ensure correct implementation of the rules of fundamental conventions of the International Labour Organisation (48) as listed in Annex I of the ILO Tripartite Declaration.

Amendment 51

Proposal for a regulation

Recital 68

| Text proposed by the Commission | Amendment |
| --- | --- |
| (68) | As regards the environmental risk categories, the due diligence policies should address the risks in the battery
  supply
  chain in relation to protection of the natural environment and of the biological diversity in line with the Convention on Biological Diversity (49), which includes also the consideration of local communities, and the protection and the development of those communities. |

Text proposed by the Commission

Amendment

(68)

As regards the environmental risk categories, the due diligence policies should address the risks in the battery
  supply
  chain in relation to protection of the natural environment and of the biological diversity in line with the Convention on Biological Diversity (49), which includes also the consideration of local communities, and the protection and the development of those communities.

| (68) | As regards the environmental risk categories, the
  battery value chain
  due diligence policies should address the risks in the battery
  value
  chain in relation to protection of the natural environment and of the biological diversity in line with the Convention on Biological Diversity (49), which includes also the consideration of local communities, and the protection and the development of those communities.
  It should also address the risks in relation to climate change, in line with the Paris agreement and its goal to limit global warming to below 1,5 degrees Celsius, compared to pre-industrial levels, as well as environmental risks covered by other international environmental conventions. |
| --- | --- |

(68)

As regards the environmental risk categories, the
  battery value chain
  due diligence policies should address the risks in the battery
  value
  chain in relation to protection of the natural environment and of the biological diversity in line with the Convention on Biological Diversity (49), which includes also the consideration of local communities, and the protection and the development of those communities.
  It should also address the risks in relation to climate change, in line with the Paris agreement and its goal to limit global warming to below 1,5 degrees Celsius, compared to pre-industrial levels, as well as environmental risks covered by other international environmental conventions.

Amendment 52

Proposal for a regulation

Recital 69

| Text proposed by the Commission | Amendment |
| --- | --- |
| (69) | The
  supply
  chain due diligence obligations on the identification and mitigation of social and environmental risks associated with raw materials going into battery manufacturing should contribute to the implementation of UNEP Resolution 19 on Mineral Resource Governance, which recognizes the important contribution of the mining sector towards the achievement of the 2030 Agenda and the Sustainable Development Goals. |

Text proposed by the Commission

Amendment

(69)

The
  supply
  chain due diligence obligations on the identification and mitigation of social and environmental risks associated with raw materials going into battery manufacturing should contribute to the implementation of UNEP Resolution 19 on Mineral Resource Governance, which recognizes the important contribution of the mining sector towards the achievement of the 2030 Agenda and the Sustainable Development Goals.

| (69) | The
  battery value
  chain due diligence obligations on the identification and mitigation of social and environmental risks associated with raw materials going into battery manufacturing should contribute to the implementation of UNEP Resolution 19 on Mineral Resource Governance, which recognizes the important contribution of the mining sector towards the achievement of the 2030 Agenda and the Sustainable Development Goals. |
| --- | --- |

(69)

The
  battery value
  chain due diligence obligations on the identification and mitigation of social and environmental risks associated with raw materials going into battery manufacturing should contribute to the implementation of UNEP Resolution 19 on Mineral Resource Governance, which recognizes the important contribution of the mining sector towards the achievement of the 2030 Agenda and the Sustainable Development Goals.

Amendment 53

Proposal for a regulation

Recital 69 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (69a) | Even when due diligence has been carried out, harm might occur. Economic operators should actively remedy such harm, by themselves or in cooperation with other actors. Such operators should be liable for any adverse impact they, or the entities they control or are able to control, caused or contributed to. Persons adversely impacted should be entitled to remedies and should be provided with access to justice. |

Text proposed by the Commission

Amendment

(69a)

Even when due diligence has been carried out, harm might occur. Economic operators should actively remedy such harm, by themselves or in cooperation with other actors. Such operators should be liable for any adverse impact they, or the entities they control or are able to control, caused or contributed to. Persons adversely impacted should be entitled to remedies and should be provided with access to justice.

Amendment 54

Proposal for a regulation

Recital 70

| Text proposed by the Commission | Amendment |
| --- | --- |
| (70) | Other EU legislative instruments that lay down requirements regarding
  supply chain
  due diligence should apply in so far as there are no specific provisions with the same objective, nature and effect in this Regulation which may be adapted in the light of future legislative amendments. |

Text proposed by the Commission

Amendment

(70)

Other EU legislative instruments that lay down requirements regarding
  supply chain
  due diligence should apply in so far as there are no specific provisions with the same objective, nature and effect in this Regulation which may be adapted in the light of future legislative amendments.

| (70) | Other EU legislative instruments that lay down requirements regarding due diligence should apply
  to both Union companies and companies established outside of the Union that intend to place batteries on the Union market, to ensure a level playing field,
  in so far as there are no specific provisions with the same objective, nature and effect in this Regulation which may be adapted in the light of future legislative amendments. |
| --- | --- |

(70)

Other EU legislative instruments that lay down requirements regarding due diligence should apply
  to both Union companies and companies established outside of the Union that intend to place batteries on the Union market, to ensure a level playing field,
  in so far as there are no specific provisions with the same objective, nature and effect in this Regulation which may be adapted in the light of future legislative amendments.

Amendment 55

Proposal for a regulation

Recital 71

| Text proposed by the Commission | Amendment |
| --- | --- |
| (71) | In order to adapt to developments in the battery value chain, including to changes in the scope and nature of the relevant environmental and social risks, as well as to technical and scientific progress in batteries and battery chemistries, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the list of raw materials and risk categories and the
  supply
  chain due diligence requirements. |

Text proposed by the Commission

Amendment

(71)

In order to adapt to developments in the battery value chain, including to changes in the scope and nature of the relevant environmental and social risks, as well as to technical and scientific progress in batteries and battery chemistries, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the list of raw materials and risk categories and the
  supply
  chain due diligence requirements.

| (71) | In order to adapt to developments in the battery value chain, including to changes in the scope and nature of the relevant environmental and social risks, as well as to technical and scientific progress in batteries and battery chemistries, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the list of raw materials and risk categories and the
  battery value
  chain due diligence requirements. |
| --- | --- |

(71)

In order to adapt to developments in the battery value chain, including to changes in the scope and nature of the relevant environmental and social risks, as well as to technical and scientific progress in batteries and battery chemistries, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the list of raw materials and risk categories and the
  battery value
  chain due diligence requirements.

Amendment 56

Proposal for a regulation

Recital 71 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (71a) | In the event that future Union legislation laying down general rules for sustainable corporate governance and due diligence is adopted, the Commission should assess whether that new Union legislation requires amendment of paragraphs 2 to 5 of Article 39 or of Annex X, or both. 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 those provisions accordingly. |

Text proposed by the Commission

Amendment

(71a)

In the event that future Union legislation laying down general rules for sustainable corporate governance and due diligence is adopted, the Commission should assess whether that new Union legislation requires amendment of paragraphs 2 to 5 of Article 39 or of Annex X, or both. 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 those provisions accordingly.

Amendment 57

Proposal for a regulation

Recital 72

| Text proposed by the Commission | Amendment |
| --- | --- |
| (72) | Harmonised rules for waste management are necessary to ensure that producers and other economic operators are subject to the same rules across the Member States in the implementation of the extended producer responsibility for batteries. Maximising separate collection of waste batteries and ensuring that all batteries collected are recycled through processes that reach common minimum recycling efficiencies is necessary to attain a high level of material recovery. The evaluation of the Directive 2006/66/EC found that one of its shortcomings is lack of detail in its provisions, leading to uneven implementation and creating significant barriers to the functioning of recycling markets and suboptimal levels of recycling. Consequently, more detailed and harmonised rules should avoid distortion of the market for the collection, treatment and recycling of waste batteries, ensure even implementation of the requirements across the Union, further harmonisation of the quality of waste management services provided by economic operators and facilitate the markets of secondary raw materials. |

Text proposed by the Commission

Amendment

(72)

Harmonised rules for waste management are necessary to ensure that producers and other economic operators are subject to the same rules across the Member States in the implementation of the extended producer responsibility for batteries. Maximising separate collection of waste batteries and ensuring that all batteries collected are recycled through processes that reach common minimum recycling efficiencies is necessary to attain a high level of material recovery. The evaluation of the Directive 2006/66/EC found that one of its shortcomings is lack of detail in its provisions, leading to uneven implementation and creating significant barriers to the functioning of recycling markets and suboptimal levels of recycling. Consequently, more detailed and harmonised rules should avoid distortion of the market for the collection, treatment and recycling of waste batteries, ensure even implementation of the requirements across the Union, further harmonisation of the quality of waste management services provided by economic operators and facilitate the markets of secondary raw materials.

| (72) | Harmonised rules for waste management are necessary to ensure that producers and other economic operators are subject to the same rules across the Member States in the implementation of the extended producer responsibility for batteries
  and to ensure a high level of protection of human health and the environment across the Union. Extended producer responsibility can contribute to reducing overall resource use, in particular by reducing the generation of battery waste and the adverse impacts linked to the management of battery waste
  . Maximising separate collection of waste batteries and ensuring that all batteries collected are recycled through processes that reach common minimum recycling efficiencies is necessary to attain a high level of material recovery. The evaluation of the Directive 2006/66/EC found that one of its shortcomings is lack of detail in its provisions, leading to uneven implementation and creating significant barriers to the functioning of recycling markets and suboptimal levels of recycling. Consequently, more detailed and harmonised rules should avoid distortion of the market for the collection, treatment and recycling of waste batteries, ensure even implementation of the requirements across the Union, further harmonisation of the quality of waste management services provided by economic operators and facilitate the markets of secondary raw materials. |
| --- | --- |

(72)

Harmonised rules for waste management are necessary to ensure that producers and other economic operators are subject to the same rules across the Member States in the implementation of the extended producer responsibility for batteries
  and to ensure a high level of protection of human health and the environment across the Union. Extended producer responsibility can contribute to reducing overall resource use, in particular by reducing the generation of battery waste and the adverse impacts linked to the management of battery waste
  . Maximising separate collection of waste batteries and ensuring that all batteries collected are recycled through processes that reach common minimum recycling efficiencies is necessary to attain a high level of material recovery. The evaluation of the Directive 2006/66/EC found that one of its shortcomings is lack of detail in its provisions, leading to uneven implementation and creating significant barriers to the functioning of recycling markets and suboptimal levels of recycling. Consequently, more detailed and harmonised rules should avoid distortion of the market for the collection, treatment and recycling of waste batteries, ensure even implementation of the requirements across the Union, further harmonisation of the quality of waste management services provided by economic operators and facilitate the markets of secondary raw materials.

Amendment 58

Proposal for a regulation

Recital 73

| Text proposed by the Commission | Amendment |
| --- | --- |
| (73) | This Regulation builds on the waste management rules and general principles laid down in Directive 2008/98/EC of the European Parliament and of the Council (50), which should be adapted to reflect the specific
  situation of batteries
  . For the collection of waste batteries to be organised in the most effective way, it is important that this is done in close connection to the place where the batteries are sold in a Member State, and close to the end user. Also, waste batteries may be collected both together with waste electrical and electronic equipment and with end-of-life vehicles, by way of national collection schemes set up on the basis of Directive 2012/19/EU of the European Parliament and of the Council (51), and of Directive 2000/53/EC. While the current Regulation sets up specific rules for batteries there is a need for a coherent and complementary approach, building upon and further harmonising existing waste management structures. Consequently, and in order to effectively realise extended producer responsibility related to the waste management, obligations should be laid down with respect to the Member State where batteries are made available on the market for the first time. |

Text proposed by the Commission

Amendment

(73)

This Regulation builds on the waste management rules and general principles laid down in Directive 2008/98/EC of the European Parliament and of the Council (50), which should be adapted to reflect the specific
  situation of batteries
  . For the collection of waste batteries to be organised in the most effective way, it is important that this is done in close connection to the place where the batteries are sold in a Member State, and close to the end user. Also, waste batteries may be collected both together with waste electrical and electronic equipment and with end-of-life vehicles, by way of national collection schemes set up on the basis of Directive 2012/19/EU of the European Parliament and of the Council (51), and of Directive 2000/53/EC. While the current Regulation sets up specific rules for batteries there is a need for a coherent and complementary approach, building upon and further harmonising existing waste management structures. Consequently, and in order to effectively realise extended producer responsibility related to the waste management, obligations should be laid down with respect to the Member State where batteries are made available on the market for the first time.

| (73) | This Regulation builds on the waste management rules and general principles laid down in Directive 2008/98/EC of the European Parliament and of the Council (50), which should be adapted to reflect the specific
  nature of battery waste
  . For the collection of waste batteries to be organised in the most effective way, it is important that this is done in close connection to the place where the batteries are sold in a Member State, and close to the end user
  . Waste batteries should be collected separately from other waste streams, such as metals, paper and cardboard, glass, plastics, wood, textiles and bio-waste
  . Also, waste batteries may be collected both together with waste electrical and electronic equipment and with end-of-life vehicles, by way of national collection schemes set up on the basis of Directive 2012/19/EU of the European Parliament and of the Council (51), and of Directive 2000/53/EC. While the current Regulation sets up specific rules for batteries there is a need for a coherent and complementary approach, building upon and further harmonising existing waste management structures. Consequently, and in order to effectively realise extended producer responsibility related to the waste management, obligations should be laid down with respect to the Member State where batteries are made available on the market for the first time. |
| --- | --- |

(73)

This Regulation builds on the waste management rules and general principles laid down in Directive 2008/98/EC of the European Parliament and of the Council (50), which should be adapted to reflect the specific
  nature of battery waste
  . For the collection of waste batteries to be organised in the most effective way, it is important that this is done in close connection to the place where the batteries are sold in a Member State, and close to the end user
  . Waste batteries should be collected separately from other waste streams, such as metals, paper and cardboard, glass, plastics, wood, textiles and bio-waste
  . Also, waste batteries may be collected both together with waste electrical and electronic equipment and with end-of-life vehicles, by way of national collection schemes set up on the basis of Directive 2012/19/EU of the European Parliament and of the Council (51), and of Directive 2000/53/EC. While the current Regulation sets up specific rules for batteries there is a need for a coherent and complementary approach, building upon and further harmonising existing waste management structures. Consequently, and in order to effectively realise extended producer responsibility related to the waste management, obligations should be laid down with respect to the Member State where batteries are made available on the market for the first time.

Amendment 59

Proposal for a regulation

Recital 76

| Text proposed by the Commission | Amendment |
| --- | --- |
| (76) | Producers should have extended producer responsibility for the management of their batteries at the end-of-life stage. Accordingly, they should finance the costs of
  collecting, treating
  and recycling
  all collected
  batteries, for reporting on batteries and waste batteries and for
  the provision of information to
  end-users
  and waste operators about batteries and appropriate re-use and management of
  waste batteries. The obligations related to extended producer responsibility should apply to all forms of supply, including distance selling. Producers should be able to exercise those obligations collectively, by means of producer responsibility organisations taking up the responsibility on their behalf. Producers or producer responsibility organisations should be subject to authorisation and they should document that they have the financial means to cover the costs entailed by the extended producer responsibility. Where necessary to avoid distortion of the internal market and to ensure uniform conditions for the modulation of the financial contributions paid to producer responsibility organisations by producers, implementing powers should be conferred on the Commission. |

Text proposed by the Commission

Amendment

(76)

Producers should have extended producer responsibility for the management of their batteries at the end-of-life stage. Accordingly, they should finance the costs of
  collecting, treating
  and recycling
  all collected
  batteries, for reporting on batteries and waste batteries and for
  the provision of information to
  end-users
  and waste operators about batteries and appropriate re-use and management of
  waste batteries. The obligations related to extended producer responsibility should apply to all forms of supply, including distance selling. Producers should be able to exercise those obligations collectively, by means of producer responsibility organisations taking up the responsibility on their behalf. Producers or producer responsibility organisations should be subject to authorisation and they should document that they have the financial means to cover the costs entailed by the extended producer responsibility. Where necessary to avoid distortion of the internal market and to ensure uniform conditions for the modulation of the financial contributions paid to producer responsibility organisations by producers, implementing powers should be conferred on the Commission.

| (76) | Producers should have extended producer responsibility for the management of their batteries at the end-of-life stage.
  It should consist of a set of rules defining specific operational and financial obligations for producers of products in which the producer's responsibility is extended to the post-consumer stage of a product's life cycle.
  Accordingly, they should finance
  at least the costs referred to in point (a) of paragraph 4 of Article 8a of Directive 2008/98/EC, including
  the costs of
  organising the separate collection, preparation for repurposing and remanufacturing, treatment, preparation for reuse
  and recycling
  of waste
  batteries, for reporting on batteries and waste batteries and for
  awareness campaigns to encourage
  end-users
  to discard
  waste batteries
  in an appropriate manner
  . The obligations related to extended producer responsibility should apply to all forms of supply, including distance
  and online
  selling. Producers should be able to exercise those obligations collectively, by means of producer responsibility organisations taking up the responsibility on their behalf. Producers or producer responsibility organisations should be subject to authorisation and they should document that they have the financial means to cover the costs entailed by the extended producer responsibility. Where necessary to avoid distortion of the internal market and to ensure uniform conditions for the modulation of the financial contributions paid to producer responsibility organisations by producers, implementing powers should be conferred on the Commission. |
| --- | --- |

(76)

Producers should have extended producer responsibility for the management of their batteries at the end-of-life stage.
  It should consist of a set of rules defining specific operational and financial obligations for producers of products in which the producer's responsibility is extended to the post-consumer stage of a product's life cycle.
  Accordingly, they should finance
  at least the costs referred to in point (a) of paragraph 4 of Article 8a of Directive 2008/98/EC, including
  the costs of
  organising the separate collection, preparation for repurposing and remanufacturing, treatment, preparation for reuse
  and recycling
  of waste
  batteries, for reporting on batteries and waste batteries and for
  awareness campaigns to encourage
  end-users
  to discard
  waste batteries
  in an appropriate manner
  . The obligations related to extended producer responsibility should apply to all forms of supply, including distance
  and online
  selling. Producers should be able to exercise those obligations collectively, by means of producer responsibility organisations taking up the responsibility on their behalf. Producers or producer responsibility organisations should be subject to authorisation and they should document that they have the financial means to cover the costs entailed by the extended producer responsibility. Where necessary to avoid distortion of the internal market and to ensure uniform conditions for the modulation of the financial contributions paid to producer responsibility organisations by producers, implementing powers should be conferred on the Commission.

Amendment 60

Proposal for a regulation

Recital 76 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (76a) | Introducing producer responsibility requirements should contribute to reducing costs and boosting performance, as well as to ensuring there is a level playing field, including for small and medium-sized enterprises and e-commerce enterprises, and avoid obstacles to the smooth functioning of the internal market. They should also contribute to the incorporation of end-of-life costs into product prices and provide incentives for producers to comply with sustainability provisions when designing their products. Overall, such requirements should improve the governance and transparency of extended producer responsibility schemes and reduce the possibility of conflicts of interest emerging between extended producer responsibility organisations and waste operators that they contract. The requirements should apply to both new and existing extended producer responsibility schemes. |

Text proposed by the Commission

Amendment

(76a)

Introducing producer responsibility requirements should contribute to reducing costs and boosting performance, as well as to ensuring there is a level playing field, including for small and medium-sized enterprises and e-commerce enterprises, and avoid obstacles to the smooth functioning of the internal market. They should also contribute to the incorporation of end-of-life costs into product prices and provide incentives for producers to comply with sustainability provisions when designing their products. Overall, such requirements should improve the governance and transparency of extended producer responsibility schemes and reduce the possibility of conflicts of interest emerging between extended producer responsibility organisations and waste operators that they contract. The requirements should apply to both new and existing extended producer responsibility schemes.

Amendment 61

Proposal for a regulation

Recital 77

| Text proposed by the Commission | Amendment |
| --- | --- |
| (77) | This Regulation should regulate the extended producer responsibility for batteries exhaustively and therefore the rules laid down on extended producer responsibility schemes in Directive 2008/98/EC should
  not apply to batteries
  . |

Text proposed by the Commission

Amendment

(77)

This Regulation should regulate the extended producer responsibility for batteries exhaustively and therefore the rules laid down on extended producer responsibility schemes in Directive 2008/98/EC should
  not apply to batteries
  .

| (77) | This Regulation should regulate the extended producer responsibility for batteries exhaustively and
  should
  therefore
  be considered to supplement
  the rules laid down on extended producer responsibility schemes in Directive 2008/98/EC,
  which
  should
  be understood to be minimum requirements
  . |
| --- | --- |

(77)

This Regulation should regulate the extended producer responsibility for batteries exhaustively and
  should
  therefore
  be considered to supplement
  the rules laid down on extended producer responsibility schemes in Directive 2008/98/EC,
  which
  should
  be understood to be minimum requirements
  .

Amendment 62

Proposal for a regulation

Recital 78

| Text proposed by the Commission | Amendment |
| --- | --- |
| (78) | In order to ensure high quality recycling in the batteries
  supply
  chains, boost the uptake of quality secondary raw materials and protect the environment, a high level of collection and recycling of waste batteries should be the rule. The collection of waste batteries is a fundamental crucial step for closing the loop for the valuable materials contained in batteries through their recycling and to keep the batteries value chain inside the Union
  , thus
  facilitating the access to the recovered materials that can further be used to manufacture new products. |

Text proposed by the Commission

Amendment

(78)

In order to ensure high quality recycling in the batteries
  supply
  chains, boost the uptake of quality secondary raw materials and protect the environment, a high level of collection and recycling of waste batteries should be the rule. The collection of waste batteries is a fundamental crucial step for closing the loop for the valuable materials contained in batteries through their recycling and to keep the batteries value chain inside the Union
  , thus
  facilitating the access to the recovered materials that can further be used to manufacture new products.

| (78) | In order to ensure high quality recycling in the batteries
  value
  chains, boost the uptake of quality secondary raw materials, and protect the environment, a high level of collection and recycling of waste batteries should be the rule. The collection of waste batteries is a fundamental crucial step for closing the loop for the valuable materials contained in batteries through their recycling and to keep the batteries value chain inside the Union
  and boost its strategic autonomy in this sector,
  facilitating the access to the recovered materials that can further be used to manufacture new products.
  Appropriate measures regarding the collection, treatment, preparation for reuse, preparation for repurposing and recycling of waste batteries should be included in national waste management plans. Member States' waste management plans should therefore be updated on the basis of the provisions laid down in this Regulation. |
| --- | --- |

(78)

In order to ensure high quality recycling in the batteries
  value
  chains, boost the uptake of quality secondary raw materials, and protect the environment, a high level of collection and recycling of waste batteries should be the rule. The collection of waste batteries is a fundamental crucial step for closing the loop for the valuable materials contained in batteries through their recycling and to keep the batteries value chain inside the Union
  and boost its strategic autonomy in this sector,
  facilitating the access to the recovered materials that can further be used to manufacture new products.
  Appropriate measures regarding the collection, treatment, preparation for reuse, preparation for repurposing and recycling of waste batteries should be included in national waste management plans. Member States' waste management plans should therefore be updated on the basis of the provisions laid down in this Regulation.

Amendment 63

Proposal for a regulation

Recital 79

| Text proposed by the Commission | Amendment |
| --- | --- |
| (79) | Producers of all batteries should be responsible for financing and organising the separate collection of waste batteries. They should do so by establishing a collection network that covers the whole territory of the Member States, that is close to the end user and that does not only target areas and batteries where the collection is profitable. The collection network should include any distributor, authorised treatment facility for waste electric and electronic equipment and end-of-life vehicles, civic amenity sites and other actors based on their own accord, such as public authorities and schools. In order to verify and improve the effectiveness of the collection network and the information campaigns, regular compositional surveys at least at NUTS 2 level (53) should be carried out on mixed municipal waste and waste electrical and electronic equipment collected to determine the amount of waste portable batteries therein. |

Text proposed by the Commission

Amendment

(79)

Producers of all batteries should be responsible for financing and organising the separate collection of waste batteries. They should do so by establishing a collection network that covers the whole territory of the Member States, that is close to the end user and that does not only target areas and batteries where the collection is profitable. The collection network should include any distributor, authorised treatment facility for waste electric and electronic equipment and end-of-life vehicles, civic amenity sites and other actors based on their own accord, such as public authorities and schools. In order to verify and improve the effectiveness of the collection network and the information campaigns, regular compositional surveys at least at NUTS 2 level (53) should be carried out on mixed municipal waste and waste electrical and electronic equipment collected to determine the amount of waste portable batteries therein.

| (79) | Producers of all batteries should be responsible for
  financing or
  financing and organising the separate collection of waste batteries. They should do so by establishing a 
  take-back and
  collection network that covers the whole territory of the Member States, that is close to the end user and that does not only target areas and batteries where the collection is profitable. The collection network should include any distributor, authorised treatment facility for waste electric and electronic equipment and end-of-life vehicles, civic amenity sites and other actors based on their own accord, such as public authorities and schools. In order to verify and improve the effectiveness of the collection network and the information campaigns, regular compositional surveys at least at NUTS 2 level (53) should be carried out on mixed municipal waste and waste electrical and electronic equipment collected to determine the amount of waste portable batteries therein. |
| --- | --- |

(79)

Producers of all batteries should be responsible for
  financing or
  financing and organising the separate collection of waste batteries. They should do so by establishing a 
  take-back and
  collection network that covers the whole territory of the Member States, that is close to the end user and that does not only target areas and batteries where the collection is profitable. The collection network should include any distributor, authorised treatment facility for waste electric and electronic equipment and end-of-life vehicles, civic amenity sites and other actors based on their own accord, such as public authorities and schools. In order to verify and improve the effectiveness of the collection network and the information campaigns, regular compositional surveys at least at NUTS 2 level (53) should be carried out on mixed municipal waste and waste electrical and electronic equipment collected to determine the amount of waste portable batteries therein.

Amendment 64

Proposal for a regulation

Recital 81

| Text proposed by the Commission | Amendment |
| --- | --- |
| (81) | Considering the environmental impact and the loss of materials due to waste batteries not being separately collected, and consequently not treated in an environmentally sound way, the collection target for portable batteries already established under Directive 2006/66/EC should continue to apply and should be gradually increased.
  This Regulation entails that portable batteries also include batteries powering light means of transport. Since the current increase in sales of this type of batteries makes it difficult to calculate the amount of them that are placed in the market and collected at the end of their life, these portable batteries should be excluded from the current
  collection
  rate
  for portable batteries
  . This exclusion is to be reviewed along with the collection target for waste portable batteries, which may also address changes in the methodology to calculate the collection rate for portable batteries. The Commission shall prepare a report to underpin these reviews
  . |

Text proposed by the Commission

Amendment

(81)

Considering the environmental impact and the loss of materials due to waste batteries not being separately collected, and consequently not treated in an environmentally sound way, the collection target for portable batteries already established under Directive 2006/66/EC should continue to apply and should be gradually increased.
  This Regulation entails that portable batteries also include batteries powering light means of transport. Since the current increase in sales of this type of batteries makes it difficult to calculate the amount of them that are placed in the market and collected at the end of their life, these portable batteries should be excluded from the current
  collection
  rate
  for portable batteries
  . This exclusion is to be reviewed along with the collection target for waste portable batteries, which may also address changes in the methodology to calculate the collection rate for portable batteries. The Commission shall prepare a report to underpin these reviews
  .

| (81) | Considering the environmental impact and the loss of materials due to waste batteries not being separately collected, and consequently not treated in an environmentally sound way, the collection target for portable batteries already established under Directive 2006/66/EC should continue to apply and should be gradually increased.
  In order to maximise
  collection
  and reduce safety risks, the feasibility and potential benefits of establishing a Union-wide deposit return system for batteries, in particular
  for portable batteries
  of general use should be assessed. National deposit return systems should not prevent the adoption of harmonised Union-wide systems. |
| --- | --- |

(81)

Considering the environmental impact and the loss of materials due to waste batteries not being separately collected, and consequently not treated in an environmentally sound way, the collection target for portable batteries already established under Directive 2006/66/EC should continue to apply and should be gradually increased.
  In order to maximise
  collection
  and reduce safety risks, the feasibility and potential benefits of establishing a Union-wide deposit return system for batteries, in particular
  for portable batteries
  of general use should be assessed. National deposit return systems should not prevent the adoption of harmonised Union-wide systems.

Amendment 65

Proposal for a regulation

Recital 82 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (82a) | In order to update the methodology on calculating and verifying the collection target for waste light means of transport batteries with a view to reflecting the quantity available for collection, 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. It is crucial that the new methodology maintains or increases the level of environmental ambition with regard to the collection of waste batteries compared to the existing methodology. |

Text proposed by the Commission

Amendment

(82a)

In order to update the methodology on calculating and verifying the collection target for waste light means of transport batteries with a view to reflecting the quantity available for collection, 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. It is crucial that the new methodology maintains or increases the level of environmental ambition with regard to the collection of waste batteries compared to the existing methodology.

Amendment 66

Proposal for a regulation

Recital 82 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (82b) | The Commission should also consider introducing a calculation methodology for the calculation of the separate collection target with a view to reflecting the quantity of waste portable batteries available for collection. It is crucial that the new methodology maintains or increases the level of environmental ambition with regard to the collection of waste batteries compared to the existing methodology. |

Text proposed by the Commission

Amendment

(82b)

The Commission should also consider introducing a calculation methodology for the calculation of the separate collection target with a view to reflecting the quantity of waste portable batteries available for collection. It is crucial that the new methodology maintains or increases the level of environmental ambition with regard to the collection of waste batteries compared to the existing methodology.

Amendment 67

Proposal for a regulation

Recital 84

| Text proposed by the Commission | Amendment |
| --- | --- |
| (84) | In view of the waste hierarchy as established by Article 4 of Directive 2008/98/EC which prioritises prevention, preparing for reuse and recycling and in line with Article 11(4) of Directive 2008/98/EC and Article 5(3)(f) of Directive 1999/31/EC (54), batteries collected should not be
  incinerated or disposed of in landfill
  . |

Text proposed by the Commission

Amendment

(84)

In view of the waste hierarchy as established by Article 4 of Directive 2008/98/EC which prioritises prevention, preparing for reuse and recycling and in line with Article 11(4) of Directive 2008/98/EC and Article 5(3)(f) of Directive 1999/31/EC (54), batteries collected should not be
  incinerated or disposed of in landfill
  .

| (84) | In view of the waste hierarchy as established by Article 4 of Directive 2008/98/EC which prioritises prevention, preparing for reuse and recycling and in line with Article 11(4) of Directive 2008/98/EC and Article 5(3)(f) of Directive 1999/31/EC (54), batteries collected should not be
  subject to waste-to-energy or to disposal operations
  . |
| --- | --- |

(84)

In view of the waste hierarchy as established by Article 4 of Directive 2008/98/EC which prioritises prevention, preparing for reuse and recycling and in line with Article 11(4) of Directive 2008/98/EC and Article 5(3)(f) of Directive 1999/31/EC (54), batteries collected should not be
  subject to waste-to-energy or to disposal operations
  .

Amendment 68

Proposal for a regulation

Recital 87

| Text proposed by the Commission | Amendment |
| --- | --- |
| (87) | It should only be possible to carry out treatment and recycling outside the Member State concerned or outside the Union, where the shipment of waste batteries is in compliance with Regulation (EC) No 1013/2006 of the European Parliament and of the Council (58) and Commission Regulation (EC) No 1418/2007 (59) and where the treatment and recycling activities meet the requirements applicable for this type of wastes, according to their classification in Commission Decision 2000/532/EC, as amended (60). That Decision, as amended, should be revised to reflect all battery chemistries. Where such treatment or recycling takes places outside the Union, in order to be counted towards the recycling efficiencies and targets, the operator for whose account it is carried out should be obliged to report on it to the competent authority of the respective Member State and to prove that the treatment is carried out in conditions equivalent to those under this Regulation. In order to lay down what are the requirements for such treatment to be considered equivalent, 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 laying down detailed rules containing criteria for the assessment of equivalent conditions. |

Text proposed by the Commission

Amendment

(87)

It should only be possible to carry out treatment and recycling outside the Member State concerned or outside the Union, where the shipment of waste batteries is in compliance with Regulation (EC) No 1013/2006 of the European Parliament and of the Council (58) and Commission Regulation (EC) No 1418/2007 (59) and where the treatment and recycling activities meet the requirements applicable for this type of wastes, according to their classification in Commission Decision 2000/532/EC, as amended (60). That Decision, as amended, should be revised to reflect all battery chemistries. Where such treatment or recycling takes places outside the Union, in order to be counted towards the recycling efficiencies and targets, the operator for whose account it is carried out should be obliged to report on it to the competent authority of the respective Member State and to prove that the treatment is carried out in conditions equivalent to those under this Regulation. In order to lay down what are the requirements for such treatment to be considered equivalent, 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 laying down detailed rules containing criteria for the assessment of equivalent conditions.

| (87) | It should only be possible to carry out treatment
  , preparation for reuse, preparation for repurposing
  and recycling outside the Member State concerned or outside the Union, where the shipment of waste batteries is in compliance with Regulation (EC) No 1013/2006 of the European Parliament and of the Council (58) and Commission Regulation (EC) No 1418/2007 (59) and where the treatment and recycling activities meet the requirements applicable for this type of wastes, according to their classification in Commission Decision 2000/532/EC, as amended (60). That Decision, as amended, should be revised to reflect all battery chemistries
  , including the addition of codes for lithium-ion waste batteries, in order to facilitate proper sorting and reporting of lithium-ion waste batteries
  . Where such treatment or recycling takes places outside the Union, in order to be counted towards the recycling efficiencies and targets, the operator for whose account it is carried out should be obliged to report on it to the competent authority of the respective Member State and to prove
  with documentary evidence approved by the competent authority of the destination country
  that the treatment is carried out in conditions equivalent to those under this Regulation
  and relevant environmental and human health protection requirements in other Union legislation
  . In order to lay down what are the requirements for such treatment to be considered equivalent, 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 laying down detailed rules containing criteria for the assessment of equivalent conditions. |
| --- | --- |

(87)

It should only be possible to carry out treatment
  , preparation for reuse, preparation for repurposing
  and recycling outside the Member State concerned or outside the Union, where the shipment of waste batteries is in compliance with Regulation (EC) No 1013/2006 of the European Parliament and of the Council (58) and Commission Regulation (EC) No 1418/2007 (59) and where the treatment and recycling activities meet the requirements applicable for this type of wastes, according to their classification in Commission Decision 2000/532/EC, as amended (60). That Decision, as amended, should be revised to reflect all battery chemistries
  , including the addition of codes for lithium-ion waste batteries, in order to facilitate proper sorting and reporting of lithium-ion waste batteries
  . Where such treatment or recycling takes places outside the Union, in order to be counted towards the recycling efficiencies and targets, the operator for whose account it is carried out should be obliged to report on it to the competent authority of the respective Member State and to prove
  with documentary evidence approved by the competent authority of the destination country
  that the treatment is carried out in conditions equivalent to those under this Regulation
  and relevant environmental and human health protection requirements in other Union legislation
  . In order to lay down what are the requirements for such treatment to be considered equivalent, 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 laying down detailed rules containing criteria for the assessment of equivalent conditions.

Amendment 69

Proposal for a regulation

Recital 87 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (87a) | In the event waste batteries are exported from the Union for preparation for re-use, preparation for repurposing, or recycling, Member States' competent authorities should make effective use of the powers provided for in Article 50(4) of Regulation (EC) No 1013/2006 to require documentary evidence to ascertain compliance with the requirements set out in this Regulation. It should be possible for Member States' competent authorities to cooperate with other relevant actors, such as the competent authorities in the country of destination, independent third party verification bodies or producer responsibility organisations established under extended producer responsibility schemes, which may carry out physical and other checks of facilities in third countries. |

Text proposed by the Commission

Amendment

(87a)

In the event waste batteries are exported from the Union for preparation for re-use, preparation for repurposing, or recycling, Member States' competent authorities should make effective use of the powers provided for in Article 50(4) of Regulation (EC) No 1013/2006 to require documentary evidence to ascertain compliance with the requirements set out in this Regulation. It should be possible for Member States' competent authorities to cooperate with other relevant actors, such as the competent authorities in the country of destination, independent third party verification bodies or producer responsibility organisations established under extended producer responsibility schemes, which may carry out physical and other checks of facilities in third countries.

Amendment 70

Proposal for a regulation

Recital 88

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

Text proposed by the Commission

Amendment

(88)

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

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

(88)

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

Amendment 71

Proposal for a regulation

Recital 89

| Text proposed by the Commission | Amendment |
| --- | --- |
| (89) | Producers and distributors should be actively involved in providing information to end users that batteries should be collected separately, that collection schemes are available and that end users have an important role in ensuring an environmentally optimal management of waste batteries. The disclosure of information to all end users as well as reporting on batteries should make use of modern information technologies. The information should be provided either by classical means, such as outdoors, posters and social media campaigns, or by more innovative means, such as electronic access to websites provided by QR codes affixed to the battery. |

Text proposed by the Commission

Amendment

(89)

Producers and distributors should be actively involved in providing information to end users that batteries should be collected separately, that collection schemes are available and that end users have an important role in ensuring an environmentally optimal management of waste batteries. The disclosure of information to all end users as well as reporting on batteries should make use of modern information technologies. The information should be provided either by classical means, such as outdoors, posters and social media campaigns, or by more innovative means, such as electronic access to websites provided by QR codes affixed to the battery.

| (89) | Producers and distributors
  , including online marketplaces,
  should be actively involved in providing information to end users that batteries should be collected separately, that collection schemes are available and that end users have an important role in ensuring an environmentally optimal management of waste batteries
  , in particular by explaining how safer and cleaner waste streams could contribute to the reduction of waste exports to third countries and to closed materials loops within the Union
  . The disclosure of information to all end users as well as reporting on batteries should make use of modern information technologies. The information should be provided either by classical means, such as outdoors, posters and social media campaigns,
  and/
  or by more innovative means, such as electronic access to websites provided by QR codes affixed to the battery
  in an accessible and understandable way
  . |
| --- | --- |

(89)

Producers and distributors
  , including online marketplaces,
  should be actively involved in providing information to end users that batteries should be collected separately, that collection schemes are available and that end users have an important role in ensuring an environmentally optimal management of waste batteries
  , in particular by explaining how safer and cleaner waste streams could contribute to the reduction of waste exports to third countries and to closed materials loops within the Union
  . The disclosure of information to all end users as well as reporting on batteries should make use of modern information technologies. The information should be provided either by classical means, such as outdoors, posters and social media campaigns,
  and/
  or by more innovative means, such as electronic access to websites provided by QR codes affixed to the battery
  in an accessible and understandable way
  .

Amendment 72

Proposal for a regulation

Recital 90

| Text proposed by the Commission | Amendment |
| --- | --- |
| (90) | To enable the verification of compliance with and the effectiveness of the obligations regarding the collection and treatment of batteries, it is necessary that the respective operators report back to the competent authorities. Producers of batteries and other waste management operators collecting batteries should report for each calendar year, where applicable, the data on batteries sold and waste batteries collected. Regarding treatment and recycling, reporting obligations should be incumbent upon the waste management operators and recyclers respectively. |

Text proposed by the Commission

Amendment

(90)

To enable the verification of compliance with and the effectiveness of the obligations regarding the collection and treatment of batteries, it is necessary that the respective operators report back to the competent authorities. Producers of batteries and other waste management operators collecting batteries should report for each calendar year, where applicable, the data on batteries sold and waste batteries collected. Regarding treatment and recycling, reporting obligations should be incumbent upon the waste management operators and recyclers respectively.

| (90) | To enable the verification of compliance with and the effectiveness of the obligations regarding the collection and treatment of batteries, it is necessary that the respective operators report back to the competent authorities. Producers of batteries and other waste management operators collecting batteries should report for each calendar year, where applicable, the data on batteries sold and waste batteries collected. Regarding treatment and recycling, reporting obligations should be incumbent upon the waste management operators and recyclers respectively.
  Waste management operators carrying out treatment in accordance with this Regulation should be subject to a selection procedure by producers of the relevant batteries or by producer responsibility organisations acting on their behalf, in accordance with Articles 8 and 8a of Directive 2008/98/EC. |
| --- | --- |

(90)

To enable the verification of compliance with and the effectiveness of the obligations regarding the collection and treatment of batteries, it is necessary that the respective operators report back to the competent authorities. Producers of batteries and other waste management operators collecting batteries should report for each calendar year, where applicable, the data on batteries sold and waste batteries collected. Regarding treatment and recycling, reporting obligations should be incumbent upon the waste management operators and recyclers respectively.
  Waste management operators carrying out treatment in accordance with this Regulation should be subject to a selection procedure by producers of the relevant batteries or by producer responsibility organisations acting on their behalf, in accordance with Articles 8 and 8a of Directive 2008/98/EC.

Amendment 73

Proposal for a regulation

Recital 95

| Text proposed by the Commission | Amendment |
| --- | --- |
| (95) | Regulation (EU) 2019/1020 of the European Parliament and of the Council (62) lays down rules on market surveillance and control of products entering the Union market. In order to ensure that products benefiting from the free movement of goods fulfil requirements providing a high level of protection of public interests such as human health, safety, protection of property and of the environment, that Regulation should apply to batteries covered by this Regulation. Therefore, Regulation (EU) 2019/1020 should be amended accordingly. |

Text proposed by the Commission

Amendment

(95)

Regulation (EU) 2019/1020 of the European Parliament and of the Council (62) lays down rules on market surveillance and control of products entering the Union market. In order to ensure that products benefiting from the free movement of goods fulfil requirements providing a high level of protection of public interests such as human health, safety, protection of property and of the environment, that Regulation should apply to batteries covered by this Regulation. Therefore, Regulation (EU) 2019/1020 should be amended accordingly.

| (95) | Regulation (EU) 2019/1020 of the European Parliament and of the Council (62) lays down rules on market surveillance and control of products entering the Union market. In order to ensure that products benefiting from the free movement of goods fulfil requirements providing a high level of protection of public interests such as human health, safety, protection of property and of the environment, that Regulation should apply to batteries covered by this Regulation
  , including batteries produced outside the Union and that enter the Union market
  . Therefore, Regulation (EU) 2019/1020 should be amended accordingly. |
| --- | --- |

(95)

Regulation (EU) 2019/1020 of the European Parliament and of the Council (62) lays down rules on market surveillance and control of products entering the Union market. In order to ensure that products benefiting from the free movement of goods fulfil requirements providing a high level of protection of public interests such as human health, safety, protection of property and of the environment, that Regulation should apply to batteries covered by this Regulation
  , including batteries produced outside the Union and that enter the Union market
  . Therefore, Regulation (EU) 2019/1020 should be amended accordingly.

Amendment 74

Proposal for a regulation

Recital 97

| Text proposed by the Commission | Amendment |
| --- | --- |
| (97) | A procedure should exist under which interested parties are informed of measures intended to be taken with regard to batteries presenting a risk to human health, safety, property or the environment. It should also allow market surveillance authorities in the Member States, in cooperation with the relevant economic operators, to act at an early stage in respect of such batteries. In order to ensure uniform conditions for the implementation of this Regulation, implementing powers to adopt acts should be conferred on the Commission in order to determine whether national measures in respect of non-compliant batteries are justified or not. |

Text proposed by the Commission

Amendment

(97)

A procedure should exist under which interested parties are informed of measures intended to be taken with regard to batteries presenting a risk to human health, safety, property or the environment. It should also allow market surveillance authorities in the Member States, in cooperation with the relevant economic operators, to act at an early stage in respect of such batteries. In order to ensure uniform conditions for the implementation of this Regulation, implementing powers to adopt acts should be conferred on the Commission in order to determine whether national measures in respect of non-compliant batteries are justified or not.

| (97) | A procedure should exist under which interested parties are informed of measures intended to be taken with regard to batteries presenting a risk to human health, safety, property or the environment. It should also allow market surveillance authorities in the Member States, in cooperation with the relevant economic operators, to act at an early stage in respect of such batteries. In order to ensure uniform conditions for the implementation of this Regulation, implementing powers to adopt acts should be conferred on the Commission in order to
  swiftly
  determine whether national measures in respect of non-compliant batteries are justified or not. |
| --- | --- |

(97)

A procedure should exist under which interested parties are informed of measures intended to be taken with regard to batteries presenting a risk to human health, safety, property or the environment. It should also allow market surveillance authorities in the Member States, in cooperation with the relevant economic operators, to act at an early stage in respect of such batteries. In order to ensure uniform conditions for the implementation of this Regulation, implementing powers to adopt acts should be conferred on the Commission in order to
  swiftly
  determine whether national measures in respect of non-compliant batteries are justified or not.

Amendment 75

Proposal for a regulation

Recital 98

| Text proposed by the Commission | Amendment |
| --- | --- |
| (98) | The market surveillance authorities should have the right to require economic operators to take corrective actions on the basis of findings that either the battery is not compliant with the requirements of this Regulation or the economic operator infringes the rules on the placing or making available on the market of a battery, or on sustainability, safety
  and
  labelling or on supply chain due diligence. |

Text proposed by the Commission

Amendment

(98)

The market surveillance authorities should have the right to require economic operators to take corrective actions on the basis of findings that either the battery is not compliant with the requirements of this Regulation or the economic operator infringes the rules on the placing or making available on the market of a battery, or on sustainability, safety
  and
  labelling or on supply chain due diligence.

| (98) | The market surveillance authorities should have the right to require economic operators to take corrective actions on the basis of findings that either the battery is not compliant with the requirements of this Regulation or the economic operator infringes the rules on the placing or making available on the market of a battery, or on sustainability, safety, labelling
  and information
  or on supply chain due diligence. |
| --- | --- |

(98)

The market surveillance authorities should have the right to require economic operators to take corrective actions on the basis of findings that either the battery is not compliant with the requirements of this Regulation or the economic operator infringes the rules on the placing or making available on the market of a battery, or on sustainability, safety, labelling
  and information
  or on supply chain due diligence.

Amendment 76

Proposal for a regulation

Recital 98 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (98a) | To ensure the effectiveness and consistency of testing across the Union in the framework for market surveillance established by Regulation (EU) 2019/1020 with regard to batteries, as well as to provide independent technical and scientific advice in the course of evaluations carried out regarding batteries presenting a risk, the Commission should designate a Union testing facility. Furthermore, compliance with the Union legislative framework on batteries established by this Regulation should be promoted also at national level. |

Text proposed by the Commission

Amendment

(98a)

To ensure the effectiveness and consistency of testing across the Union in the framework for market surveillance established by Regulation (EU) 2019/1020 with regard to batteries, as well as to provide independent technical and scientific advice in the course of evaluations carried out regarding batteries presenting a risk, the Commission should designate a Union testing facility. Furthermore, compliance with the Union legislative framework on batteries established by this Regulation should be promoted also at national level.

Amendment 77

Proposal for a regulation

Recital 98 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (98b) | The free movement of goods in the Union is often hindered by barriers set at national level that impede the full realisation of the internal market and reduce the opportunities for companies to do business and develop, in particular SMEs, which represent the backbone of the Union economy. Member States should therefore make full use of the possibility of entering into agreements with one another to allow arbitration procedures for the purpose of swiftly settling disputes arising in relation to the access to the internal market for batteries. |

Text proposed by the Commission

Amendment

(98b)

The free movement of goods in the Union is often hindered by barriers set at national level that impede the full realisation of the internal market and reduce the opportunities for companies to do business and develop, in particular SMEs, which represent the backbone of the Union economy. Member States should therefore make full use of the possibility of entering into agreements with one another to allow arbitration procedures for the purpose of swiftly settling disputes arising in relation to the access to the internal market for batteries.

Amendment 78

Proposal for a regulation

Recital 99

| Text proposed by the Commission | Amendment |
| --- | --- |
| (99) | Public procurement constitutes an important sector with regard to reducing the impacts on the environment of human activities and to stimulate market transformation towards more sustainable products. Contracting authorities, as defined in Directive 2014/24/EU (63) of the European Parliament and of the Council and Directive 2014/25/EU of the European Parliament and of the Council (64), and contracting entities as defined in Directive 2014/25/EU should take account of the environmental impacts when procuring batteries or products containing batteries, in order to promote and stimulate the market for clean and energy-efficient mobility and energy-storage and thus
  contribute
  to the environment, climate and energy policy objectives of the Union. |

Text proposed by the Commission

Amendment

(99)

Public procurement constitutes an important sector with regard to reducing the impacts on the environment of human activities and to stimulate market transformation towards more sustainable products. Contracting authorities, as defined in Directive 2014/24/EU (63) of the European Parliament and of the Council and Directive 2014/25/EU of the European Parliament and of the Council (64), and contracting entities as defined in Directive 2014/25/EU should take account of the environmental impacts when procuring batteries or products containing batteries, in order to promote and stimulate the market for clean and energy-efficient mobility and energy-storage and thus
  contribute
  to the environment, climate and energy policy objectives of the Union.

| (99) | Public procurement constitutes an important sector with regard to reducing the impacts on the environment of human activities and to stimulate market transformation towards more sustainable products. Contracting authorities, as defined in Directive 2014/24/EU (63) of the European Parliament and of the Council and Directive 2014/25/EU (64) of the European Parliament and of the Council, and contracting entities as defined in Directive 2014/25/EU should take account of the environmental impacts when procuring batteries or products containing batteries
  and ensure effective compliance with social and environmental requirements by the economic operators
  , in order to promote and stimulate the market for clean and energy-efficient mobility and energy-storage, and thus
  contributing
  to the environment, climate and energy policy objectives of the Union.
  Furthermore, improving access for SMEs to public procurement in the batteries market and encouraging more local and Union stakeholders to join would also significantly contribute to reaching those objectives. |
| --- | --- |

(99)

Public procurement constitutes an important sector with regard to reducing the impacts on the environment of human activities and to stimulate market transformation towards more sustainable products. Contracting authorities, as defined in Directive 2014/24/EU (63) of the European Parliament and of the Council and Directive 2014/25/EU (64) of the European Parliament and of the Council, and contracting entities as defined in Directive 2014/25/EU should take account of the environmental impacts when procuring batteries or products containing batteries
  and ensure effective compliance with social and environmental requirements by the economic operators
  , in order to promote and stimulate the market for clean and energy-efficient mobility and energy-storage, and thus
  contributing
  to the environment, climate and energy policy objectives of the Union.
  Furthermore, improving access for SMEs to public procurement in the batteries market and encouraging more local and Union stakeholders to join would also significantly contribute to reaching those objectives.

Amendment 79

Proposal for a regulation

Recital 105

| Text proposed by the Commission | Amendment |
| --- | --- |
| (105) | The Commission should adopt immediately applicable implementing acts determining whether a national measure taken in respect of a compliant battery that presents a risk is justified or not where, in duly justified cases relating to the protection of human health, safety, property or the environment, imperative grounds of urgency so require. |

Text proposed by the Commission

Amendment

(105)

The Commission should adopt immediately applicable implementing acts determining whether a national measure taken in respect of a compliant battery that presents a risk is justified or not where, in duly justified cases relating to the protection of human health, safety, property or the environment, imperative grounds of urgency so require.

| (105) | The Commission should adopt
  , without delay,
  immediately applicable implementing acts determining whether a national measure taken in respect of a compliant battery that presents a risk is justified or not where, in duly justified cases relating to the protection of human health, safety, property or the environment, imperative grounds of urgency so require. |
| --- | --- |

(105)

The Commission should adopt
  , without delay,
  immediately applicable implementing acts determining whether a national measure taken in respect of a compliant battery that presents a risk is justified or not where, in duly justified cases relating to the protection of human health, safety, property or the environment, imperative grounds of urgency so require.

Amendment 80

Proposal for a regulation

Recital 106

| Text proposed by the Commission | Amendment |
| --- | --- |
| (106) | Member States should lay down rules on penalties applicable to infringements of this Regulation and ensure that those rules are enforced. The penalties provided for should be effective, proportionate and dissuasive. |

Text proposed by the Commission

Amendment

(106)

Member States should lay down rules on penalties applicable to infringements of this Regulation and ensure that those rules are enforced. The penalties provided for should be effective, proportionate and dissuasive.

| (106) | Member States should lay down rules on penalties applicable to infringements of this Regulation and ensure that those rules are enforced. The penalties provided for should be effective, proportionate and dissuasive.
  In order to ensure harmonised enforcement across the Union, 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 developing harmonised criteria or guidance for penalties and for compensation of damages caused to individuals. |
| --- | --- |

(106)

Member States should lay down rules on penalties applicable to infringements of this Regulation and ensure that those rules are enforced. The penalties provided for should be effective, proportionate and dissuasive.
  In order to ensure harmonised enforcement across the Union, 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 developing harmonised criteria or guidance for penalties and for compensation of damages caused to individuals.

Amendment 81

Proposal for a regulation

Recital 109 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (109a) | It is important that in the implementation of this Regulation, environmental, social and economic impacts are considered. Moreover, in order to ensure that there is a level playing field, it is important that in the implementation of this regulation all relevant available technologies are equally taken into consideration, provided that those technologies allow for full compliance by batteries with any relevant requirement set out in this Regulation. Furthermore, no excessive administrative burden should be imposed on economic operators, in particular on SMEs. |

Text proposed by the Commission

Amendment

(109a)

It is important that in the implementation of this Regulation, environmental, social and economic impacts are considered. Moreover, in order to ensure that there is a level playing field, it is important that in the implementation of this regulation all relevant available technologies are equally taken into consideration, provided that those technologies allow for full compliance by batteries with any relevant requirement set out in this Regulation. Furthermore, no excessive administrative burden should be imposed on economic operators, in particular on SMEs.

Amendment 82

Proposal for a regulation

Recital 110

| Text proposed by the Commission | Amendment |
| --- | --- |
| (110) | Since the objective of this Regulation, namely to guarantee the functioning of the internal market
  while ensuring
  that batteries placed on the market fulfil the requirements providing for a high level of protection of human health, safety, property and the environment, cannot be sufficiently achieved by the Member States but can rather, by reason of the need for harmonisation, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective, |

Text proposed by the Commission

Amendment

(110)

Since the objective of this Regulation, namely to guarantee the functioning of the internal market
  while ensuring
  that batteries placed on the market fulfil the requirements providing for a high level of protection of human health, safety, property and the environment, cannot be sufficiently achieved by the Member States but can rather, by reason of the need for harmonisation, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective,

| (110) | Since the objective of this Regulation, namely to guarantee the functioning of the internal market
  and to ensure
  that batteries placed on the market
  as well as the operations linked to waste batteries
  fulfil the requirements providing for a high level of protection of human health, safety, property and the environment, cannot be sufficiently achieved by the Member States but can rather, by reason of the need for harmonisation, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective, |
| --- | --- |

(110)

Since the objective of this Regulation, namely to guarantee the functioning of the internal market
  and to ensure
  that batteries placed on the market
  as well as the operations linked to waste batteries
  fulfil the requirements providing for a high level of protection of human health, safety, property and the environment, cannot be sufficiently achieved by the Member States but can rather, by reason of the need for harmonisation, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective,

Amendment 83

Proposal for a regulation

Article 1 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   This Regulation establishes requirements on sustainability, safety, labelling and information to allow the placing on the market or putting into service of batteries
  , as well as requirements for the collection, treatment and recycling of waste batteries. | 1.   This Regulation establishes requirements on
  environmental, economic and social
  sustainability, safety, labelling and information to allow the placing on the market or putting into service of batteries. |

Text proposed by the Commission

Amendment

1.   This Regulation establishes requirements on sustainability, safety, labelling and information to allow the placing on the market or putting into service of batteries
  , as well as requirements for the collection, treatment and recycling of waste batteries.

1.   This Regulation establishes requirements on
  environmental, economic and social
  sustainability, safety, labelling and information to allow the placing on the market or putting into service of batteries.

Amendment 84

Amendment 84

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 a (new)

Article 1 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a.
     
  In addition, this Regulation lays down measures to protect the environment and human health by preventing and reducing the generation of waste batteries and the adverse impacts of the generation and management of such batteries, as well as by reducing the overall impacts of resource use and by improving the efficiency of such use. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1a.
     
  In addition, this Regulation lays down measures to protect the environment and human health by preventing and reducing the generation of waste batteries and the adverse impacts of the generation and management of such batteries, as well as by reducing the overall impacts of resource use and by improving the efficiency of such use.

Amendment 85

Amendment 85

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 2

Article 1 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   This Regulation shall apply to all batteries, namely portable batteries, automotive batteries, electric vehicle batteries and industrial batteries, regardless of their shape, volume, weight, design, material composition, use or purpose. It shall also apply to batteries incorporated in or added to other products. | 2.   This Regulation shall apply to all batteries, namely portable
  batteries, light means of transport
  batteries, automotive batteries, electric vehicle batteries and industrial batteries, regardless of their shape, volume, weight, design, material composition, use or purpose. It shall also apply to batteries incorporated in or added to other products. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   This Regulation shall apply to all batteries, namely portable batteries, automotive batteries, electric vehicle batteries and industrial batteries, regardless of their shape, volume, weight, design, material composition, use or purpose. It shall also apply to batteries incorporated in or added to other products.

2.   This Regulation shall apply to all batteries, namely portable
  batteries, light means of transport
  batteries, automotive batteries, electric vehicle batteries and industrial batteries, regardless of their shape, volume, weight, design, material composition, use or purpose. It shall also apply to batteries incorporated in or added to other products.

Amendment 86

Amendment 86

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 3 — point b a (new)

Article 1 — paragraph 3 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | Equipment specifically designed for the safety of nuclear installations, as defined in Article 3 of Council Directive 2009/71/Euratom

   (1a)

  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ba)

(ba)

Equipment specifically designed for the safety of nuclear installations, as defined in Article 3 of Council Directive 2009/71/Euratom

   (1a)

  .

Equipment specifically designed for the safety of nuclear installations, as defined in Article 3 of Council Directive 2009/71/Euratom

1a

.

Amendment 87

Amendment 87

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 3 a (new)

Article 1 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3a.
     
  With the exception of Chapter VII, this regulation shall not apply to batteries which the producer can prove were produced before the entry into force of this regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3a.
     
  With the exception of Chapter VII, this regulation shall not apply to batteries which the producer can prove were produced before the entry into force of this regulation.

Amendment 88

Amendment 88

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 1

Article 2 — paragraph 1 — point 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| (1) | ‘battery’ means any source of electrical energy generated by direct conversion of chemical energy and consisting of one or more non-rechargeable or rechargeable battery cells or of groups of them; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(1)

‘battery’ means any source of electrical energy generated by direct conversion of chemical energy and consisting of one or more non-rechargeable or rechargeable battery cells or of groups of them;

| (1) | ‘battery’ means any source of electrical energy generated by direct conversion of chemical energy and consisting of one or more non-rechargeable or rechargeable battery cells or of groups of them
  , such as battery packs and battery modules
  ; |
| --- | --- |

(1)

‘battery’ means any source of electrical energy generated by direct conversion of chemical energy and consisting of one or more non-rechargeable or rechargeable battery cells or of groups of them
  , such as battery packs and battery modules
  ;

, such as battery packs and battery modules

Amendment 89

Amendment 89

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 6

Article 2 — paragraph 1 — point 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| (6) | ‘battery with internal storage’ means a battery with no attached external devices to store energy; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(6)

(6)

‘battery with internal storage’ means a battery with no attached external devices to store energy;

deleted

deleted

Amendment 90

Amendment 90

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 7 — indent 3

Article 2 — paragraph 1 — point 7 — indent 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| — | is not designed for industrial
  purposes
  ; and |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

—

is not designed for industrial
  purposes
  ; and

purposes

| — | is not designed
  exclusively
  for industrial
  uses
  ; and |
| --- | --- |

—

is not designed
  exclusively
  for industrial
  uses
  ; and

exclusively

uses

Amendment 91

Amendment 91

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 7 — indent 4

Article 2 — paragraph 1 — point 7 — indent 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| — | is neither an electric vehicle battery nor an automotive battery; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

—

is neither an electric vehicle battery nor an automotive battery;

| — | is neither
  a light means of transport battery nor
  an electric vehicle battery nor an automotive battery |
| --- | --- |

—

is neither
  a light means of transport battery nor
  an electric vehicle battery nor an automotive battery

a light means of transport battery nor

Amendment 92

Amendment 92

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 8

Article 2 — paragraph 1 — point 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| (8) | ‘portable batteries of general use’ means portable batteries with the following common formats: 4,5 Volts (3R12), D, C, AA, AAA, AAAA, A23, 9 Volts (PP3); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(8)

‘portable batteries of general use’ means portable batteries with the following common formats: 4,5 Volts (3R12), D, C, AA, AAA, AAAA, A23, 9 Volts (PP3);

| (8) | ‘portable batteries of general use’ means portable batteries with the following common formats: 4,5 Volts (3R12),
  button cell,
  D, C, AA, AAA, AAAA, A23, 9 Volts (PP3); |
| --- | --- |

(8)

‘portable batteries of general use’ means portable batteries with the following common formats: 4,5 Volts (3R12),
  button cell,
  D, C, AA, AAA, AAAA, A23, 9 Volts (PP3);

button cell,

Amendment 93

Amendment 93

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 9

Article 2 — paragraph 1 — point 9

| Text proposed by the Commission | Amendment |
| --- | --- |
| (9) | ‘light means of transport’ means
  wheeled
  vehicles
  that have an electric motor of less than 750 watts, on which travellers are seated when the vehicle is moving and
  that can be powered by the electric motor alone or by a combination of motor and
  human power
  ; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(9)

‘light means of transport’ means
  wheeled
  vehicles
  that have an electric motor of less than 750 watts, on which travellers are seated when the vehicle is moving and
  that can be powered by the electric motor alone or by a combination of motor and
  human power
  ;

wheeled

that have an electric motor of less than 750 watts, on which travellers are seated when the vehicle is moving and

human power

| (9) | ‘light means of transport
  battery
  ’ means
  any battery in
  vehicles that can be powered by the electric motor alone or by a combination of motor and
  human power, including type-approved vehicles belonging to the vehicle categories laid down in Regulation(EU) No 168/2013 of the European Parliament and of the Council

   (1a)

  , and with a weight below 25 kg |
| --- | --- |

(9)

‘light means of transport
  battery
  ’ means
  any battery in
  vehicles that can be powered by the electric motor alone or by a combination of motor and
  human power, including type-approved vehicles belonging to the vehicle categories laid down in Regulation(EU) No 168/2013 of the European Parliament and of the Council

   (1a)

  , and with a weight below 25 kg

battery

any battery in

human power, including type-approved vehicles belonging to the vehicle categories laid down in Regulation(EU) No 168/2013 of the European Parliament and of the Council

1a

, and with a weight below 25 kg

Amendment 94

Amendment 94

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 10

Article 2 — paragraph 1 — point 10

| Text proposed by the Commission | Amendment |
| --- | --- |
| (10) | ‘automotive battery’ means any battery used
  only
  for automotive starter, lighting or ignition power; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(10)

‘automotive battery’ means any battery used
  only
  for automotive starter, lighting or ignition power;

only

| (10) | ‘automotive battery’ means any battery used
  primarily
  for automotive
  and non-road mobile machinery
  starter, lighting or ignition power
  or other support functions
  ; |
| --- | --- |

(10)

‘automotive battery’ means any battery used
  primarily
  for automotive
  and non-road mobile machinery
  starter, lighting or ignition power
  or other support functions
  ;

primarily

and non-road mobile machinery

or other support functions

Amendment 95

Amendment 95

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 11

Article 2 — paragraph 1 — point 11

| Text proposed by the Commission | Amendment |
| --- | --- |
| (11) | ‘industrial battery’ means any battery designed for industrial uses and any other battery excluding portable batteries, electric vehicle batteries and automotive batteries; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(11)

‘industrial battery’ means any battery designed for industrial uses and any other battery excluding portable batteries, electric vehicle batteries and automotive batteries;

| (11) | ‘industrial battery’ means any battery designed
  exclusively
  for industrial uses and any other battery
  , including batteries within stationary energy storage systems,
  excluding portable
  batteries, light means of transport
  batteries, electric vehicle batteries and automotive batteries; |
| --- | --- |

(11)

‘industrial battery’ means any battery designed
  exclusively
  for industrial uses and any other battery
  , including batteries within stationary energy storage systems,
  excluding portable
  batteries, light means of transport
  batteries, electric vehicle batteries and automotive batteries;

exclusively

, including batteries within stationary energy storage systems,

batteries, light means of transport

Amendment 96

Amendment 96

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 12

Article 2 — paragraph 1 — point 12

| Text proposed by the Commission | Amendment |
| --- | --- |
| (12) | ‘electric vehicle battery’ means any battery specifically designed to provide traction
  to hybrid and electric vehicles for road transport
  ; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(12)

‘electric vehicle battery’ means any battery specifically designed to provide traction
  to hybrid and electric vehicles for road transport
  ;

to hybrid and electric vehicles for road transport

| (12) | ‘electric vehicle battery’ means any battery specifically designed to provide
  energy for the
  traction
  of a vehicle of L category as provided for in Regulation (EU) No 168/2013, and with a weight above 25 kg, or to a vehicle of categories M, N or O as provided for in Regulation (EU) 2018/858 of the European Parliament and of the Council

   (1a)

  ; |
| --- | --- |

(12)

‘electric vehicle battery’ means any battery specifically designed to provide
  energy for the
  traction
  of a vehicle of L category as provided for in Regulation (EU) No 168/2013, and with a weight above 25 kg, or to a vehicle of categories M, N or O as provided for in Regulation (EU) 2018/858 of the European Parliament and of the Council

   (1a)

  ;

energy for the

of a vehicle of L category as provided for in Regulation (EU) No 168/2013, and with a weight above 25 kg, or to a vehicle of categories M, N or O as provided for in Regulation (EU) 2018/858 of the European Parliament and of the Council

1a

;

Amendment 97

Amendment 97

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 13

Article 2 — paragraph 1 — point 13

| Text proposed by the Commission | Amendment |
| --- | --- |
| (13) | ‘stationary
  battery
  energy storage system’ means a rechargeable industrial battery
  with internal storage
  specifically designed to store and deliver electric energy
  into the
  grid, regardless of where and by whom this battery is being used; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(13)

‘stationary
  battery
  energy storage system’ means a rechargeable industrial battery
  with internal storage
  specifically designed to store and deliver electric energy
  into the
  grid, regardless of where and by whom this battery is being used;

battery

with internal storage

into the

| (13) | ‘
  battery within a
  stationary energy storage system’ means a rechargeable industrial battery specifically designed to store and deliver electric energy
  when connected to an electricity
  grid, regardless of where and by whom this battery is being used |
| --- | --- |

(13)

‘
  battery within a
  stationary energy storage system’ means a rechargeable industrial battery specifically designed to store and deliver electric energy
  when connected to an electricity
  grid, regardless of where and by whom this battery is being used

battery within a

when connected to an electricity

Amendment 98

Amendment 98

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 21

Article 2 — paragraph 1 — point 21

| Text proposed by the Commission | Amendment |
| --- | --- |
| (21) | ‘QR code’ means a matrix
  barcode
  that links to information
  about a battery model
  ; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(21)

‘QR code’ means a matrix
  barcode
  that links to information
  about a battery model
  ;

barcode

about a battery model

| (21) | ‘QR code’ means a 
  machine-readable
  matrix
  code
  that links to information
  as required by this Regulation
  ; |
| --- | --- |

(21)

‘QR code’ means a 
  machine-readable
  matrix
  code
  that links to information
  as required by this Regulation
  ;

machine-readable

code

as required by this Regulation

Amendment 99

Amendment 99

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 22

Article 2 — paragraph 1 — point 22

| Text proposed by the Commission | Amendment |
| --- | --- |
| (22) | ‘battery management system’ means an electronic device that controls or manages the electric and thermal functions of the battery, that manages and stores the data on the parameters for determining the state of health and expected lifetime of batteries laid down in Annex VII and that communicates with the vehicle or appliance in which the battery is incorporated; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(22)

‘battery management system’ means an electronic device that controls or manages the electric and thermal functions of the battery, that manages and stores the data on the parameters for determining the state of health and expected lifetime of batteries laid down in Annex VII and that communicates with the vehicle or appliance in which the battery is incorporated;

| (22) | ‘battery management system’ means an electronic device that controls or manages the electric and thermal functions of the battery
  in order to influence the battery’s safety, performance and service life
  , that manages and stores the data on the parameters for determining the state of health and expected lifetime of batteries laid down in Annex VII and that communicates with the vehicle or appliance in which the battery is incorporated; |
| --- | --- |

(22)

‘battery management system’ means an electronic device that controls or manages the electric and thermal functions of the battery
  in order to influence the battery’s safety, performance and service life
  , that manages and stores the data on the parameters for determining the state of health and expected lifetime of batteries laid down in Annex VII and that communicates with the vehicle or appliance in which the battery is incorporated;

in order to influence the battery’s safety, performance and service life

Amendment 100

Amendment 100

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 26 a (new)

Article 2 — paragraph 1 — point 26 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (26a) | ‘preparing for repurposing’ means any operation by which parts of or a complete waste battery is prepared so that it can be used for a purpose or application different from that which the battery was originally designed for; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(26a)

(26a)

‘preparing for repurposing’ means any operation by which parts of or a complete waste battery is prepared so that it can be used for a purpose or application different from that which the battery was originally designed for;

Amendment 101

Amendment 101

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 26 b (new)

Article 2 — paragraph 1 — point 26 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (26b) | ‘remanufacturing’ means any operation of disassembly, restoring, replacing components of used battery packs, battery modules and/or battery cells to return a battery to a level of performance and quality equivalent to that of the original battery, for the original or a different purpose; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(26b)

(26b)

‘remanufacturing’ means any operation of disassembly, restoring, replacing components of used battery packs, battery modules and/or battery cells to return a battery to a level of performance and quality equivalent to that of the original battery, for the original or a different purpose;

Amendment 102

Amendment 102

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 38

Article 2 — paragraph 1 — point 38

| Text proposed by the Commission | Amendment |
| --- | --- |
| (38) | ‘producer responsibility organisation’ means a legal entity that financially or operationally organises the fulfilment of extended producer responsibility obligations on behalf of several producers; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(38)

‘producer responsibility organisation’ means a legal entity that financially or operationally organises the fulfilment of extended producer responsibility obligations on behalf of several producers;

| (38) | ‘producer responsibility organisation’ means a legal entity that financially or
  financially and
  operationally organises the fulfilment of extended producer responsibility obligations on behalf of several producers;; |
| --- | --- |

(38)

‘producer responsibility organisation’ means a legal entity that financially or
  financially and
  operationally organises the fulfilment of extended producer responsibility obligations on behalf of several producers;;

financially and

Amendment 103

Amendment 103

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 39

Article 2 — paragraph 1 — point 39

| Text proposed by the Commission | Amendment |
| --- | --- |
| (39) | ‘waste battery’ means any battery
  which is
  waste within the meaning of Article 3(1) of Directive 2008/98/EC; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(39)

‘waste battery’ means any battery
  which is
  waste within the meaning of Article 3(1) of Directive 2008/98/EC;

which is

| (39) | ‘waste battery’ means any battery
  or battery cell covered by the definition of
  waste within the meaning of Article 3(1) of Directive 2008/98/EC; |
| --- | --- |

(39)

‘waste battery’ means any battery
  or battery cell covered by the definition of
  waste within the meaning of Article 3(1) of Directive 2008/98/EC;

or battery cell covered by the definition of

Amendment 104

Amendment 104

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 40

Article 2 — paragraph 1 — point 40

| Text proposed by the Commission | Amendment |
| --- | --- |
| (40) | ‘reuse’ means the complete or partial direct re-use of the battery for the
  original
  purpose the battery was designed for; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(40)

‘reuse’ means the complete or partial direct re-use of the battery for the
  original
  purpose the battery was designed for;

original

| (40) | ‘reuse’ means the complete or partial direct re-use of the battery
  that is not waste
  for the
  same
  purpose the battery was designed for; |
| --- | --- |

(40)

‘reuse’ means the complete or partial direct re-use of the battery
  that is not waste
  for the
  same
  purpose the battery was designed for;

that is not waste

same

Amendment 105

Amendment 105

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 41 — introductory part

Article 2 — paragraph 1 — point 41 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| (41) | ‘hazardous substance’ means any substance which fulfils the criteria for any of the
  following
  hazard classes or categories set out in Annex I of Regulation (EC) No 1272/2008 of the European Parliament and of the Council (67): |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(41)

‘hazardous substance’ means any substance which fulfils the criteria for any of the
  following
  hazard classes or categories set out in Annex I of Regulation (EC) No 1272/2008 of the European Parliament and of the Council (67):

following

67

| (41) | ‘hazardous substance’ means any substance which fulfils the criteria for any of the hazard classes or categories set out in Annex I of Regulation (EC) No 1272/2008 of the European Parliament and of the Council (67): |
| --- | --- |

(41)

‘hazardous substance’ means any substance which fulfils the criteria for any of the hazard classes or categories set out in Annex I of Regulation (EC) No 1272/2008 of the European Parliament and of the Council (67):

67

Amendment 106

Amendment 106

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 41 — point a

Article 2 — paragraph 1 — point 41 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | hazard classes 2.1 to 2.4, 2.6 and 2.7, 2.8 types A and B, 2.9, 2.10, 2.12, 2.13 categories 1 and 2, 2.14 categories 1 and 2, 2.15 types A to F; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

(a)

hazard classes 2.1 to 2.4, 2.6 and 2.7, 2.8 types A and B, 2.9, 2.10, 2.12, 2.13 categories 1 and 2, 2.14 categories 1 and 2, 2.15 types A to F;

hazard classes 2.1 to 2.4, 2.6 and 2.7, 2.8 types A and B, 2.9, 2.10, 2.12, 2.13 categories 1 and 2, 2.14 categories 1 and 2, 2.15 types A to F;

deleted

deleted

Amendment 107

Amendment 107

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 41 — point b

Article 2 — paragraph 1 — point 41 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | hazard classes 3.1 to 3.6, 3.7 adverse effects on sexual function and fertility or on development, 3.8 effects other than narcotic effects, 3.9 and 3.10; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

(b)

hazard classes 3.1 to 3.6, 3.7 adverse effects on sexual function and fertility or on development, 3.8 effects other than narcotic effects, 3.9 and 3.10;

hazard classes 3.1 to 3.6, 3.7 adverse effects on sexual function and fertility or on development, 3.8 effects other than narcotic effects, 3.9 and 3.10;

deleted

deleted

Amendment 108

Amendment 108

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 41 — point c

Article 2 — paragraph 1 — point 41 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | hazard class 4.1; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

(c)

hazard class 4.1;

hazard class 4.1;

deleted

deleted

Amendment 109

Amendment 109

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 41 — point d

Article 2 — paragraph 1 — point 41 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | hazard class 5.1; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

(d)

hazard class 5.1;

hazard class 5.1;

deleted

deleted

Amendment 110

Amendment 110

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 36

Article 2 — paragraph 1 — point 36

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(36)

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

supply

rechargeable industrial battery or an electric-vehicle

| (36) | ‘
  battery value
  chain due diligence’ means the obligations of the economic operator which places a battery on the market
  , with regard to social and environmental risk categories
  , in relation to its management system, risk management, third party verifications by notified bodies and disclosure of information with a view to identifying
  , preventing
  and addressing actual and potential risks linked to the sourcing, processing and trading of the raw materials
  , chemicals and secondary raw materials
  required for battery manufacturing
  and waste battery treatment, linked to its manufacturing operations and linked to related other business relationships
  ; |
| --- | --- |

(36)

‘
  battery value
  chain due diligence’ means the obligations of the economic operator which places a battery on the market
  , with regard to social and environmental risk categories
  , in relation to its management system, risk management, third party verifications by notified bodies and disclosure of information with a view to identifying
  , preventing
  and addressing actual and potential risks linked to the sourcing, processing and trading of the raw materials
  , chemicals and secondary raw materials
  required for battery manufacturing
  and waste battery treatment, linked to its manufacturing operations and linked to related other business relationships
  ;

battery value

, with regard to social and environmental risk categories

, preventing

, chemicals and secondary raw materials

and waste battery treatment, linked to its manufacturing operations and linked to related other business relationships

Amendment 111

Amendment 111

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 36 a (new)

Article 2 — paragraph 1 — point 36 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (36 a) | ‘business relationships’ means the relationships between an undertaking and its subsidiaries and the commercial relationships of an undertaking throughout its value chain, including suppliers and sub-contractors, and which are directly linked to the undertaking’s business operations, products or services; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(36 a)

(36 a)

‘business relationships’ means the relationships between an undertaking and its subsidiaries and the commercial relationships of an undertaking throughout its value chain, including suppliers and sub-contractors, and which are directly linked to the undertaking’s business operations, products or services;

Amendment 112

Amendment 112

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 36 b (new)

Article 2 — paragraph 1 — point 36 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (36b) | ‘high-risk areas’ means areas in which there is weak or non-existent governance and security, such as failed states, or areas where there are widespread and systematic violations of international law, including human rights abuses; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(36b)

(36b)

‘high-risk areas’ means areas in which there is weak or non-existent governance and security, such as failed states, or areas where there are widespread and systematic violations of international law, including human rights abuses;

Amendment 113

Amendment 113

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 1

Article 3 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Member States shall not, for reasons relating to sustainability, safety, labelling and information requirements of batteries or management of waste batteries covered by this Regulation, prohibit, restrict or impede the making available on the market or the putting into service of batteries that comply with this Regulation. | 1.   Member States shall not, for reasons relating to
  social and environmental
  sustainability, safety, labelling and information requirements of batteries or management of waste batteries covered by this Regulation, prohibit, restrict or impede the making available on the market or the putting into service of batteries that comply with this Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Member States shall not, for reasons relating to sustainability, safety, labelling and information requirements of batteries or management of waste batteries covered by this Regulation, prohibit, restrict or impede the making available on the market or the putting into service of batteries that comply with this Regulation.

1.   Member States shall not, for reasons relating to
  social and environmental
  sustainability, safety, labelling and information requirements of batteries or management of waste batteries covered by this Regulation, prohibit, restrict or impede the making available on the market or the putting into service of batteries that comply with this Regulation.

Amendment 114

Amendment 114

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 2

Article 3 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   At trade fairs, exhibitions, demonstrations or similar events, Member States shall not prevent the showing of batteries, which do not comply with this Regulation, provided that a visible sign clearly indicates that such batteries do not comply with this Regulation and that they
  are not for sale
  until they have been brought into conformity. | 2.   At trade fairs, exhibitions, demonstrations or similar events, Member States shall not prevent the showing of batteries, which do not comply with this Regulation, provided that a visible sign clearly indicates that such batteries do not comply with this Regulation and that they
  cannot be made available on the market
  until they have been brought into conformity.
  During demonstrations, the relevant economic operator shall take adequate measures to ensure the safety of persons. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   At trade fairs, exhibitions, demonstrations or similar events, Member States shall not prevent the showing of batteries, which do not comply with this Regulation, provided that a visible sign clearly indicates that such batteries do not comply with this Regulation and that they
  are not for sale
  until they have been brought into conformity.

2.   At trade fairs, exhibitions, demonstrations or similar events, Member States shall not prevent the showing of batteries, which do not comply with this Regulation, provided that a visible sign clearly indicates that such batteries do not comply with this Regulation and that they
  cannot be made available on the market
  until they have been brought into conformity.
  During demonstrations, the relevant economic operator shall take adequate measures to ensure the safety of persons.

Amendment 115

Amendment 115

Proposal for a regulation

Proposal for a regulation

Article 4 — title

Article 4 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Sustainability, safety, labelling
  and
  information requirements for batteries | Sustainability, safety, labelling, information
  and due diligence
  requirements for batteries |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Sustainability, safety, labelling
  and
  information requirements for batteries

and

Sustainability, safety, labelling, information
  and due diligence
  requirements for batteries

and due diligence

Amendment 116

Amendment 116

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 1 — point b a (new)

Article 4 — paragraph 1 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | the due diligence requirements set out in Article 39. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ba)

(ba)

the due diligence requirements set out in Article 39.

the due diligence requirements set out in Article 39.

Amendment 117

Amendment 117

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 1 a (new)

Article 4 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a.
     
  For electric vehicle batteries and automotive batteries placed on the market as replacements for defective batteries, the same requirements shall apply as for the replaced batteries in accordance with the ‘repair as produced’ principle. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1a.
     
  For electric vehicle batteries and automotive batteries placed on the market as replacements for defective batteries, the same requirements shall apply as for the replaced batteries in accordance with the ‘repair as produced’ principle.

Amendment 118

Amendment 118

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 2

Article 4 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   For any aspects not covered by Chapters II and III, batteries shall not present a risk to human health, to safety, to property or to the environment. | 2.   For any aspects not covered by Chapters II and III
  and Article 39
  , batteries shall not present a risk to human health, to safety, to property or to the environment. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   For any aspects not covered by Chapters II and III, batteries shall not present a risk to human health, to safety, to property or to the environment.

2.   For any aspects not covered by Chapters II and III
  and Article 39
  , batteries shall not present a risk to human health, to safety, to property or to the environment.

Amendment 119

Amendment 119

Proposal for a regulation

Proposal for a regulation

Article 5 — paragraph 1 — subparagraph 1 a (new)

Article 5 — paragraph 1 — subparagraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Each Member State shall also designate one contact point, among the competent authorities referred to in the first subparagraph, for the purpose of communicating with the Commission pursuant to paragraph 3. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Each Member State shall also designate one contact point, among the competent authorities referred to in the first subparagraph, for the purpose of communicating with the Commission pursuant to paragraph 3.

Each Member State shall also designate one contact point, among the competent authorities referred to in the first subparagraph, for the purpose of communicating with the Commission pursuant to paragraph 3.

Amendment 120

Amendment 120

Proposal for a regulation

Proposal for a regulation

Article 5 — paragraph 3

Article 5 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   By [three months after the date of entry into force of this Regulation], Member States shall notify the Commission of the
  names and addresses
  of the
  competent authorities
  designated pursuant to paragraph 1. Member States shall inform the Commission without undue delay of any changes to the
  names or addresses of those competent authorities
  . | 3.   By [three months after the date of entry into force of this Regulation], Member States shall notify the Commission of the
  name and address
  of the
  contact point
  designated pursuant to paragraph 1. Member States shall inform the Commission without undue delay of any changes to the
  name or address of the contact point
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   By [three months after the date of entry into force of this Regulation], Member States shall notify the Commission of the
  names and addresses
  of the
  competent authorities
  designated pursuant to paragraph 1. Member States shall inform the Commission without undue delay of any changes to the
  names or addresses of those competent authorities
  .

3.   By [three months after the date of entry into force of this Regulation], Member States shall notify the Commission of the
  name and address
  of the
  contact point
  designated pursuant to paragraph 1. Member States shall inform the Commission without undue delay of any changes to the
  name or address of the contact point
  .

Amendment 121

Amendment 121

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 5 a (new)

Article 6 — paragraph 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 5a.
     
  Within 6 months of any amendment of Regulation (EC) No 1907/2006 or of the entry into force of future Union legislation concerning sustainability criteria for hazardous substances and chemicals, the Commission shall assess whether such amendment or that future Union legislation requires an amendment of this Article or of Annex I to this Regulation, or both, and adopt, where appropriate, a delegated act in accordance with Article 73 of this Regulation to amend those provisions accordingly. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5a.
     
  Within 6 months of any amendment of Regulation (EC) No 1907/2006 or of the entry into force of future Union legislation concerning sustainability criteria for hazardous substances and chemicals, the Commission shall assess whether such amendment or that future Union legislation requires an amendment of this Article or of Annex I to this Regulation, or both, and adopt, where appropriate, a delegated act in accordance with Article 73 of this Regulation to amend those provisions accordingly.

Amendment 122

Amendment 122

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 5 b (new)

Article 6 — paragraph 5 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 5b.
     
  By 31 December 2025, the Commission, assisted by the European Chemicals Agency, shall systematically review hazardous substances in batteries to identify potential risks to human health or the environment. This assessment shall take into account the extent to which the use of a hazardous substance is necessary for health, safety or is critical for the functioning of society as well as the availability of suitable alternatives from the standpoint of environment and health. 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 the delegated acts referred to in the second paragraph. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5b.
     
  By 31 December 2025, the Commission, assisted by the European Chemicals Agency, shall systematically review hazardous substances in batteries to identify potential risks to human health or the environment. This assessment shall take into account the extent to which the use of a hazardous substance is necessary for health, safety or is critical for the functioning of society as well as the availability of suitable alternatives from the standpoint of environment and health. 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 the delegated acts referred to in the second paragraph.

Amendment 123

Amendment 123

Proposal for a regulation

Proposal for a regulation

Article 7 — title

Article 7 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Carbon footprint of electric vehicle batteries and
  rechargeable
  industrial batteries | Carbon footprint of electric vehicle batteries
  , light means of transport
  and industrial batteries |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Carbon footprint of electric vehicle batteries and
  rechargeable
  industrial batteries

rechargeable

Carbon footprint of electric vehicle batteries
  , light means of transport
  and industrial batteries

, light means of transport

Amendment 124

Amendment 124

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 1 — subparagraph 1 — introductory part

Article 7 — paragraph 1 — subparagraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Electric vehicle batteries and
  rechargeable
  industrial batteries
  with internal storage and a capacity above 2 kWh
  shall be accompanied by technical documentation that includes, for each battery model and
  batch
  per manufacturing plant, a carbon footprint declaration drawn up in accordance with the delegated act referred to in the second sub-paragraph and containing, at least, the following information: | 1.   Electric vehicle batteries
  , light means of transport batteries
  and industrial batteries shall be accompanied by technical documentation that includes, for each battery model and per manufacturing plant, a carbon footprint declaration drawn up in accordance with the delegated act referred to in the second sub-paragraph and containing, at least, the following information: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Electric vehicle batteries and
  rechargeable
  industrial batteries
  with internal storage and a capacity above 2 kWh
  shall be accompanied by technical documentation that includes, for each battery model and
  batch
  per manufacturing plant, a carbon footprint declaration drawn up in accordance with the delegated act referred to in the second sub-paragraph and containing, at least, the following information:

1.   Electric vehicle batteries
  , light means of transport batteries
  and industrial batteries shall be accompanied by technical documentation that includes, for each battery model and per manufacturing plant, a carbon footprint declaration drawn up in accordance with the delegated act referred to in the second sub-paragraph and containing, at least, the following information:

Amendment 125

Amendment 125

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 1 — subparagraph 1 — point c a (new)

Article 7 — paragraph 1 — subparagraph 1 — point c a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ca) | information about the raw materials used, including the share of renewable content; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ca)

(ca)

information about the raw materials used, including the share of renewable content;

information about the raw materials used, including the share of renewable content;

Amendment 126

Amendment 126

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 1 — subparagraph 1 — point d

Article 7 — paragraph 1 — subparagraph 1 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | the total carbon footprint of the battery, calculated as kg of carbon dioxide equivalent; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

the total carbon footprint of the battery, calculated as kg of carbon dioxide equivalent;

| (d) | the total carbon footprint of the battery, calculated as kg of carbon dioxide equivalent
  and the carbon footprint of the battery, calculated as kg of carbon dioxide equivalent per one kWh of the total energy provided over the expected service life by the battery system
  ; |
| --- | --- |

(d)

the total carbon footprint of the battery, calculated as kg of carbon dioxide equivalent
  and the carbon footprint of the battery, calculated as kg of carbon dioxide equivalent per one kWh of the total energy provided over the expected service life by the battery system
  ;

and the carbon footprint of the battery, calculated as kg of carbon dioxide equivalent per one kWh of the total energy provided over the expected service life by the battery system

Amendment 127

Amendment 127

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 1 — subparagraph 2

Article 7 — paragraph 1 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The carbon footprint declaration requirement in the first subparagraph shall apply as of 1 July 2024 to electric vehicle batteries and to
  rechargeable
  industrial batteries. | The carbon footprint declaration requirement in the first subparagraph shall apply as of 1 July 2024 to electric vehicle batteries
  , light means of transport batteries
  and to industrial batteries. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The carbon footprint declaration requirement in the first subparagraph shall apply as of 1 July 2024 to electric vehicle batteries and to
  rechargeable
  industrial batteries.

rechargeable

The carbon footprint declaration requirement in the first subparagraph shall apply as of 1 July 2024 to electric vehicle batteries
  , light means of transport batteries
  and to industrial batteries.

, light means of transport batteries

Amendment 128

Amendment 128

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 1 — subparagraph 3 — introductory part

Article 7 — paragraph 1 — subparagraph 3 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Commission shall, no later than 1
  July
  2023, adopt: | The Commission shall, no later than 1
  January
  2023, adopt: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Commission shall, no later than 1
  July
  2023, adopt:

July

The Commission shall, no later than 1
  January
  2023, adopt:

January

Amendment 129

Amendment 129

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 1 — subparagraph 3 — point a

Article 7 — paragraph 1 — subparagraph 3 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | a delegated act in accordance with Article 73 to supplement this Regulation by establishing the methodology
  to calculate the total
  carbon footprint of the battery referred to in point (d), in accordance with the essential elements set out in Annex II; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

a delegated act in accordance with Article 73 to supplement this Regulation by establishing the methodology
  to calculate the total
  carbon footprint of the battery referred to in point (d), in accordance with the essential elements set out in Annex II;

to calculate the total

| (a) | a delegated act in accordance with Article 73 to supplement this Regulation by establishing the methodology
  for calculation and verification of the
  carbon footprint of the battery referred to in point (d), in accordance with the essential elements set out in Annex II; |
| --- | --- |

(a)

a delegated act in accordance with Article 73 to supplement this Regulation by establishing the methodology
  for calculation and verification of the
  carbon footprint of the battery referred to in point (d), in accordance with the essential elements set out in Annex II;

for calculation and verification of the

Amendment 130

Amendment 130

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 1 — subparagraph 4

Article 7 — paragraph 1 — subparagraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Commission shall be empowered to adopt delegated acts in accordance with Article 73 to amend the information requirements set out in the first subparagraph. | The Commission shall be empowered to adopt delegated acts in accordance with Article 73 to amend the information requirements set out in the first subparagraph
  in view of scientific and technical progress
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Commission shall be empowered to adopt delegated acts in accordance with Article 73 to amend the information requirements set out in the first subparagraph.

The Commission shall be empowered to adopt delegated acts in accordance with Article 73 to amend the information requirements set out in the first subparagraph
  in view of scientific and technical progress
  .

in view of scientific and technical progress

Amendment 131

Amendment 131

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 2 — subparagraph 1

Article 7 — paragraph 2 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Electric vehicle batteries and
  rechargeable
  industrial batteries
  with internal storage and a capacity above 2 kWh
  shall bear a conspicuous, clearly legible and indelible label indicating the carbon footprint performance class that the individual battery corresponds to. | Electric vehicle batteries
  , light means of transport batteries
  and industrial batteries shall bear a conspicuous, clearly legible and indelible label indicating the carbon footprint
  of the battery referred to in point (d) of paragraph 1 and the carbon footprint
  performance class that the individual battery corresponds to. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Electric vehicle batteries and
  rechargeable
  industrial batteries
  with internal storage and a capacity above 2 kWh
  shall bear a conspicuous, clearly legible and indelible label indicating the carbon footprint performance class that the individual battery corresponds to.

rechargeable

with internal storage and a capacity above 2 kWh

Electric vehicle batteries
  , light means of transport batteries
  and industrial batteries shall bear a conspicuous, clearly legible and indelible label indicating the carbon footprint
  of the battery referred to in point (d) of paragraph 1 and the carbon footprint
  performance class that the individual battery corresponds to.

, light means of transport batteries

of the battery referred to in point (d) of paragraph 1 and the carbon footprint

Amendment 132

Amendment 132

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 2 — subparagraph 3

Article 7 — paragraph 2 — subparagraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| The carbon footprint performance class requirements in the first subparagraph shall apply as of
  1 January 2026
  for electric vehicle batteries and for
  rechargeable
  industrial batteries. | The carbon footprint performance class requirements in the first subparagraph shall apply as of
  1 July 2025
  for electric vehicle batteries
  , light means of transport batteries
  and for industrial batteries. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The carbon footprint performance class requirements in the first subparagraph shall apply as of
  1 January 2026
  for electric vehicle batteries and for
  rechargeable
  industrial batteries.

1 January 2026

rechargeable

The carbon footprint performance class requirements in the first subparagraph shall apply as of
  1 July 2025
  for electric vehicle batteries
  , light means of transport batteries
  and for industrial batteries.

1 July 2025

, light means of transport batteries

Amendment 133

Amendment 133

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 2 — subparagraph 4 — introductory part

Article 7 — paragraph 2 — subparagraph 4 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Commission shall, no later than
  31 December
  2024, adopt | The Commission shall, no later than
  1 January
  2024, adopt: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Commission shall, no later than
  31 December
  2024, adopt

31 December

The Commission shall, no later than
  1 January
  2024, adopt:

1 January

Amendment 134

Amendment 134

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 3 — subparagraph 1

Article 7 — paragraph 3 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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. | Electric vehicle batteries
  , light means of transport batteries
  and industrial batteries with
  nominal energy
  above 2 kWh shall, for each battery model per manufacturing plant, be accompanied by technical documentation demonstrating that the declared life cycle carbon footprint value, is below the maximum threshold established in the delegated act adopted by the Commission pursuant to the third subparagraph. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

rechargeable

internal storage and a capacity

and batch

Electric vehicle batteries
  , light means of transport batteries
  and industrial batteries with
  nominal energy
  above 2 kWh shall, for each battery model per manufacturing plant, be accompanied by technical documentation demonstrating that the declared life cycle carbon footprint value, is below the maximum threshold established in the delegated act adopted by the Commission pursuant to the third subparagraph.

, light means of transport batteries

nominal energy

Amendment 135

Amendment 135

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 3 — subparagraph 2

Article 7 — paragraph 3 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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
  January
  2027 for electric vehicle batteries
  , light means of transport batteries
  and for industrial batteries
  with nominal energy above 2 Kwh
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

July

rechargeable

The requirement for a maximum life cycle carbon footprint threshold in the first subparagraph shall apply as of 1
  January
  2027 for electric vehicle batteries
  , light means of transport batteries
  and for industrial batteries
  with nominal energy above 2 Kwh
  .

January

, light means of transport batteries

with nominal energy above 2 Kwh

Amendment 136

Amendment 136

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 3 — subparagraph 3

Article 7 — paragraph 3 — subparagraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

2026

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.

2025

Amendment 137

Amendment 137

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 3 — subparagraph 4

Article 7 — paragraph 3 — subparagraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| The introduction of a maximum life cycle carbon footprint threshold shall trigger, if necessary, a reclassification of the carbon footprint performance classes of the batteries referred to in paragraph 2. | The Commission shall be empowered to adopt delegated acts in accordance with Article 73 to amend the maximum life cycle carbon footprint threshold referred to in the first subparagraph based on the latest available data reported in accordance with paragraph 1.
  The introduction of a maximum life cycle carbon footprint threshold shall trigger, if necessary, a reclassification of the carbon footprint performance classes of the batteries referred to in paragraph 2. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

The Commission shall be empowered to adopt delegated acts in accordance with Article 73 to amend the maximum life cycle carbon footprint threshold referred to in the first subparagraph based on the latest available data reported in accordance with paragraph 1.
  The introduction of a maximum life cycle carbon footprint threshold shall trigger, if necessary, a reclassification of the carbon footprint performance classes of the batteries referred to in paragraph 2.

The Commission shall be empowered to adopt delegated acts in accordance with Article 73 to amend the maximum life cycle carbon footprint threshold referred to in the first subparagraph based on the latest available data reported in accordance with paragraph 1.

Amendment 138

Amendment 138

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 3 a (new)

Article 7 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3a.
     
  By 31 December 2025, the Commission shall assess the feasibility of extending the requirements in this article to portable batteries, and the requirement referred to in paragraph 3 to industrial batteries with nominal energy below 2kWh. To that end, the Commission shall submit a report to the European Parliament and the Council and consider taking the appropriate measures, including the adoption of legislative proposals. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3a.
     
  By 31 December 2025, the Commission shall assess the feasibility of extending the requirements in this article to portable batteries, and the requirement referred to in paragraph 3 to industrial batteries with nominal energy below 2kWh. To that end, the Commission shall submit a report to the European Parliament and the Council and consider taking the appropriate measures, including the adoption of legislative proposals.

Amendment 139

Amendment 139

Proposal for a regulation

Proposal for a regulation

Article 8 — title

Article 8 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Recycled content in industrial batteries, electric vehicle batteries and automotive batteries | Recycled content in
  portable batteries, light means of transport batteries,
  industrial batteries, electric vehicle batteries and automotive batteries |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Recycled content in industrial batteries, electric vehicle batteries and automotive batteries

Recycled content in
  portable batteries, light means of transport batteries,
  industrial batteries, electric vehicle batteries and automotive batteries

portable batteries, light means of transport batteries,

Amendment 140

Amendment 140

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 1 — subparagraph 1

Article 8 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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. | From 1
  July 2025


  , portable batteries, with the exception of portable batteries of general use, light means of transport batteries
  , industrial batteries, electric vehicle batteries and automotive batteries that contain cobalt, lead, lithium or nickel in active materials shall be accompanied by technical documentation containing information about the amount of cobalt, lead, lithium or nickel recovered from waste present in active materials in each battery model per manufacturing plant. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

January 2027

with internal storage and a capacity above 2 kWh

and batch

From 1
  July 2025


  , portable batteries, with the exception of portable batteries of general use, light means of transport batteries
  , industrial batteries, electric vehicle batteries and automotive batteries that contain cobalt, lead, lithium or nickel in active materials shall be accompanied by technical documentation containing information about the amount of cobalt, lead, lithium or nickel recovered from waste present in active materials in each battery model per manufacturing plant.

July 2025

, portable batteries, with the exception of portable batteries of general use, light means of transport batteries

Amendment 141

Amendment 141

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 1 — subparagraph 2

Article 8 — paragraph 1 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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: |
| | (a) | a delegated act in accordance with Article 73 to supplement this Regulation by
  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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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).

2025,

an implementing act

and

for

By 31 December
  2023
  the Commission shall adopt:

2023

(a)

(a)

a delegated act in accordance with Article 73 to supplement this Regulation by
  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.

a delegated act in accordance with Article 73 to supplement this Regulation by

| (b) | an implementing act laying down
  the format
  and
  the technical documentation
  for the declaration on recovered materials
  . That implementing act shall be adopted in accordance with the examination procedure referred to in Article 74(3). |
| --- | --- |

(b)

(b)

an implementing act laying down
  the format
  and
  the technical documentation
  for the declaration on recovered materials
  . That implementing act shall be adopted in accordance with the examination procedure referred to in Article 74(3).

an implementing act laying down

and

for the declaration on recovered materials

Amendment 142

Amendment 142

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 2 — introductory part

Article 8 — paragraph 2 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   From 1 January 2030, industrial batteries, electric vehicle batteries and automotive batteries
  with internal storage and a capacity above 2 kWh
  that contain cobalt, lead, lithium or nickel in active materials shall be accompanied by technical documentation demonstrating that those batteries contain the following minimum share of cobalt, lead, lithium or nickel recovered from waste present in active materials in each battery model
  and batch
  per manufacturing plant: | 2.   From 1 January 2030
  , portable batteries, with the exception of portable batteries of general use, light means of transport batteries
  , industrial batteries, electric vehicle batteries and automotive batteries that contain cobalt, lead, lithium or nickel in active materials shall be accompanied by technical documentation demonstrating that those batteries contain the following minimum share of cobalt, lead, lithium or nickel recovered from waste present in active materials in each battery model per manufacturing plant: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

2.   From 1 January 2030
  , portable batteries, with the exception of portable batteries of general use, light means of transport batteries
  , industrial batteries, electric vehicle batteries and automotive batteries that contain cobalt, lead, lithium or nickel in active materials shall be accompanied by technical documentation demonstrating that those batteries contain the following minimum share of cobalt, lead, lithium or nickel recovered from waste present in active materials in each battery model per manufacturing plant:

Amendment 143

Amendment 143

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 3 — introductory part

Article 8 — paragraph 3 — introductory part

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


  1
  January 2035
  , portable batteries, with the exception of portable batteries of general use, light means of transport batteries
  , industrial batteries, electric vehicle batteries and automotive batteries that contain cobalt, lead, lithium or nickel in active materials shall be accompanied by a technical documentation demonstrating that those batteries contain the following minimum share of cobalt, lead, lithium or nickel recovered from waste present in active materials in each battery model per manufacturing plant: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

3.   
  From


  1
  January 2035
  , portable batteries, with the exception of portable batteries of general use, light means of transport batteries
  , industrial batteries, electric vehicle batteries and automotive batteries that contain cobalt, lead, lithium or nickel in active materials shall be accompanied by a technical documentation demonstrating that those batteries contain the following minimum share of cobalt, lead, lithium or nickel recovered from waste present in active materials in each battery model per manufacturing plant:

Amendment 144

Amendment 144

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 4

Article 8 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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 and no later than 31 December 2027, the Commission shall assess whether,
  due to the
  existing and forecasted availability for 2030 and 2035
  of cobalt, lead, lithium or nickel recovered from waste, or lack thereof,
  and in view of technical and scientific progress, it is appropriate to revise
  the targets laid down in paragraphs 2 and 3.
  The Commission shall also assess to what extent those targets are achieved through pre-consumption or post -consumption waste, and whether it is appropriate to limit the achievement of the targets to only post-consumption waste. On the basis of the assessment, the Commission shall, where appropriate, submit a legislative proposal. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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 and no later than 31 December 2027, the Commission shall assess whether,
  due to the
  existing and forecasted availability for 2030 and 2035
  of cobalt, lead, lithium or nickel recovered from waste, or lack thereof,
  and in view of technical and scientific progress, it is appropriate to revise
  the targets laid down in paragraphs 2 and 3.
  The Commission shall also assess to what extent those targets are achieved through pre-consumption or post -consumption waste, and whether it is appropriate to limit the achievement of the targets to only post-consumption waste. On the basis of the assessment, the Commission shall, where appropriate, submit a legislative proposal.

Amendment 145

Amendment 145

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 4 a (new)

Article 8 — paragraph 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4a.
     
  Where justified by changes in battery technologies impacting the type of materials that can be recovered, the Commission is empowered to adopt delegated acts in accordance with Article 73, to supplement this Regulation by inserting further raw materials and targets in the lists laid down in paragraphs 2 and 3. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4a.
     
  Where justified by changes in battery technologies impacting the type of materials that can be recovered, the Commission is empowered to adopt delegated acts in accordance with Article 73, to supplement this Regulation by inserting further raw materials and targets in the lists laid down in paragraphs 2 and 3.

Amendment 146

Amendment 146

Proposal for a regulation

Proposal for a regulation

Article 9 — title

Article 9 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Performance and durability requirements for portable batteries
  of general use | Performance and durability requirements for portable batteries |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Performance and durability requirements for portable batteries
  of general use

of general use

Performance and durability requirements for portable batteries

Amendment 147

Amendment 147

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 1

Article 9 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   From 1 January 2027, portable batteries
  of general use
  shall meet the values for the electrochemical performance and durability parameters set out in Annex III as laid down in the delegated act adopted by the Commission pursuant to paragraph 2. | 1.   From 1 January 2027, portable batteries 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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   From 1 January 2027, portable batteries
  of general use
  shall meet the values for the electrochemical performance and durability parameters set out in Annex III as laid down in the delegated act adopted by the Commission pursuant to paragraph 2.

1.   From 1 January 2027, portable batteries 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.

Amendment 148

Amendment 148

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 2 — subparagraph 1

Article 9 — paragraph 2 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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. | 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 portable batteries
  , including portable batteries
  of general use, shall attain. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

31 December

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 portable batteries
  , including portable batteries
  of general use, shall attain.

1 July

, including portable batteries

Amendment 149

Amendment 149

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 2 — subparagraph 2

Article 9 — paragraph 2 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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 amend the
  minimum values and add further
  electrochemical performance and durability parameters laid down in Annex III in view of technical and scientific progress. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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 amend the
  minimum values and add further
  electrochemical performance and durability parameters laid down in Annex III in view of technical and scientific progress.

minimum values and add further

Amendment 150

Amendment 150

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 2 — subparagraph 3

Article 9 — paragraph 2 — subparagraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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
  and increase resource efficiency
  of portable batteries and take into consideration relevant international standards and labelling schemes. The Commission shall also ensure that the provisions laid down by that delegated act do not have a significant negative impact on the
  safety and
  functionality of those batteries or the appliances into which those batteries are incorporated, the affordability and the cost for end-users and the industry’s competitiveness. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

of general use

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
  and increase resource efficiency
  of portable batteries and take into consideration relevant international standards and labelling schemes. The Commission shall also ensure that the provisions laid down by that delegated act do not have a significant negative impact on the
  safety and
  functionality of those batteries or the appliances into which those batteries are incorporated, the affordability and the cost for end-users and the industry’s competitiveness.

and increase resource efficiency

safety and

Amendment 151

Amendment 151

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 3

Article 9 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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
  2027
  , 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
  and viable 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, including the adoption of legislative proposals
  for phase out, the setting of eco-design requirements, or both, where environmentally beneficial. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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
  2027
  , 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
  and viable 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, including the adoption of legislative proposals
  for phase out, the setting of eco-design requirements, or both, where environmentally beneficial.

Amendment 152

Amendment 152

Proposal for a regulation

Proposal for a regulation

Article 10 — title

Article 10 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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 |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Performance and durability requirements for
  rechargeable
  industrial batteries
  and
  electric vehicle batteries

rechargeable

and

Performance and durability requirements for industrial batteries, electric vehicle batteries
  and light means of transport batteries

and light means of transport batteries

Amendment 153

Amendment 153

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 1 — subparagraph 1

Article 10 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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. | From [12 months after entry into force of the Regulation], industrial
  batteries, light means of transport
  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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

rechargeable

with internal storage and a capacity above 2 kWh

From [12 months after entry into force of the Regulation], industrial
  batteries, light means of transport
  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.

batteries, light means of transport

Amendment 154

Amendment 154

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 1 a (new)

Article 10 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a.
     
  By 1 January 2026, information on the performance and durability of industrial batteries, light means of transport batteries and electric vehicle batteries referred to in paragraph 1 shall be available via the publicly available part of the electronic exchange system as set out in Article 64 and Annex XIII. The information on the performance and durability of such batteries shall be available to consumers prior to purchase. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1a.
     
  By 1 January 2026, information on the performance and durability of industrial batteries, light means of transport batteries and electric vehicle batteries referred to in paragraph 1 shall be available via the publicly available part of the electronic exchange system as set out in Article 64 and Annex XIII. The information on the performance and durability of such batteries shall be available to consumers prior to purchase.

Amendment 155

Amendment 155

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 1 b (new)

Article 10 — paragraph 1 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1b.
     
  The Commission is empowered to adopt delegated acts in accordance with Article 73 to amend the electrochemical performance and durability parameters for electric vehicle batteries laid down in Annex IV, in view of technical and scientific progress. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1b.
     
  The Commission is empowered to adopt delegated acts in accordance with Article 73 to amend the electrochemical performance and durability parameters for electric vehicle batteries laid down in Annex IV, in view of technical and scientific progress.

Amendment 156

Amendment 156

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 1 c (new)

Article 10 — paragraph 1 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1c.
     
  The Commission shall adopt a delegated act in accordance with Article 73 to amend the electrochemical performance and durability parameters for electric vehicle batteries laid down in Annex IV, within 6 months following the adoption of technical specifications of the informal UNECE Working Group on Electric Vehicles and the Environment, with a view to ensuring the coherence of the parameters of Annex IV and the technical specifications of UNECE. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1c.
     
  The Commission shall adopt a delegated act in accordance with Article 73 to amend the electrochemical performance and durability parameters for electric vehicle batteries laid down in Annex IV, within 6 months following the adoption of technical specifications of the informal UNECE Working Group on Electric Vehicles and the Environment, with a view to ensuring the coherence of the parameters of Annex IV and the technical specifications of UNECE.

Amendment 157

Amendment 157

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 2

Article 10 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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
  , light means of transport batteries and electric vehicle 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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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
  , light means of transport batteries and electric vehicle 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.

Amendment 158

Amendment 158

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 3 — subparagraph 1

Article 10 — paragraph 3 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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. | 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
  light means of transport batteries, electric vehicle batteries and
  industrial batteries shall attain |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

rechargeable

with internal storage and capacity above 2 kWh

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
  light means of transport batteries, electric vehicle batteries and
  industrial batteries shall attain

light means of transport batteries, electric vehicle batteries and

Amendment 159

Amendment 159

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 3 — subparagraph 2

Article 10 — paragraph 3 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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, its affordability and industry’s competitiveness. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

rechargeable

with internal storage and a capacity above 2 kWh

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, its affordability and industry’s competitiveness.

, electric vehicle batteries and light means of transport batteries

Amendment 160

Amendment 160

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 3 a (new)

Article 10 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3 a.
     
  The Commission is empowered to adopt delegated acts in accordance with Article 73 to amend the electrochemical performance and durability minimum values laid down in Annex IV, in view of technical and scientific progress, to ensure synergies with minimum values that may originate from the work of the informal UNECE Working Group on Electric Vehicles and the Environment, and in order to avoid unnecessary overlap. The amendment of the electrochemical performance and durability minimum values shall not lead to a decreased level of performance and durability for electric vehicle batteries. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3 a.
     
  The Commission is empowered to adopt delegated acts in accordance with Article 73 to amend the electrochemical performance and durability minimum values laid down in Annex IV, in view of technical and scientific progress, to ensure synergies with minimum values that may originate from the work of the informal UNECE Working Group on Electric Vehicles and the Environment, and in order to avoid unnecessary overlap. The amendment of the electrochemical performance and durability minimum values shall not lead to a decreased level of performance and durability for electric vehicle batteries.

Amendment 161

Amendment 161

Proposal for a regulation

Proposal for a regulation

Article 11 — title

Article 11 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Removability and replaceability of portable batteries | Removability and replaceability of portable batteries
  and batteries for light means of transport |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Removability and replaceability of portable batteries

Removability and replaceability of portable batteries
  and batteries for light means of transport

and batteries for light means of transport

Amendment 162

Amendment 162

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 1 — subparagraph 1

Article 11 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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. | By 1 January 2024
  portable batteries incorporated in appliances
  and batteries for light means of transport
  shall
  be designed in such a manner that they can
  be readily
  and safely removed and replaced with basic and commonly available tools and without causing damage to the appliance or the batteries. Portable batteries shall be
  removable and replaceable by the end-user
  and batteries for light means of transport shall be removable and replaceable by the end-users
  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.
  Battery cells for light means of transport shall be removable and replaceable by independent operators. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

By 1 January 2024
  portable batteries incorporated in appliances
  and batteries for light means of transport
  shall
  be designed in such a manner that they can
  be readily
  and safely removed and replaced with basic and commonly available tools and without causing damage to the appliance or the batteries. Portable batteries shall be
  removable and replaceable by the end-user
  and batteries for light means of transport shall be removable and replaceable by the end-users
  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.
  Battery cells for light means of transport shall be removable and replaceable by independent operators.

By 1 January 2024

and batteries for light means of transport

be designed in such a manner that they can

and safely removed and replaced with basic and commonly available tools and without causing damage to the appliance or the batteries. Portable batteries shall be

and batteries for light means of transport shall be removable and replaceable by the end-users

Battery cells for light means of transport shall be removable and replaceable by independent operators.

Amendment 163

Amendment 163

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 1 — subparagraph 2

Article 11 — paragraph 1 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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
  or a light means of transport
  , it can be substituted by a 
  compatible
  battery without affecting the functioning, the performance
  or the safety
  of that appliance
  or light means of transport
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

similar

or

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

or a light means of transport

compatible

or the safety

or light means of transport

Amendment 164

Amendment 164

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 1 — subparagraph 2 a (new)

Article 11 — paragraph 1 — subparagraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Portable batteries and light means of transport batteries shall be available as spare parts of the equipment they power for a minimum of 10 years after placing the last unit of the model on the market, with a reasonable and non-discriminatory price for independent operators and end users. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Portable batteries and light means of transport batteries shall be available as spare parts of the equipment they power for a minimum of 10 years after placing the last unit of the model on the market, with a reasonable and non-discriminatory price for independent operators and end users.

Portable batteries and light means of transport batteries shall be available as spare parts of the equipment they power for a minimum of 10 years after placing the last unit of the model on the market, with a reasonable and non-discriminatory price for independent operators and end users.

Amendment 165

Amendment 165

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 1 a (new)

Article 11 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a.
     
  Clear and detailed instructions for removal and replacement shall be provided by the relevant economic operator at the time of purchase of the appliance and, shall be made available permanently online in an easily understandable way for end users, including consumers, on its website for the expected lifetime of the product. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1a.
     
  Clear and detailed instructions for removal and replacement shall be provided by the relevant economic operator at the time of purchase of the appliance and, shall be made available permanently online in an easily understandable way for end users, including consumers, on its website for the expected lifetime of the product.

Amendment 166

Amendment 166

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 1 b (new)

Article 11 — paragraph 1 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1b.
     
  Software shall not be used to affect the replacement of a portable battery or light means of transport or of their key components with another compatible battery or key components. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1b.
     
  Software shall not be used to affect the replacement of a portable battery or light means of transport or of their key components with another compatible battery or key components.

Amendment 167

Amendment 167

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 2 — point a

Article 11 — paragraph 2 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | continuity of power supply is necessary and a permanent connection between the appliance and the portable battery is required for safety
  , performance, medical or data integrity reasons; or |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

continuity of power supply is necessary and a permanent connection between the appliance and the portable battery is required for safety
  , performance, medical or data integrity reasons; or

, performance, medical or data integrity reasons; or

| (a) | continuity of power supply is necessary and a permanent connection between the appliance and the portable battery is required for safety
  and it can be proved by the manufacturer that there is no alternative available on the market; |
| --- | --- |

(a)

continuity of power supply is necessary and a permanent connection between the appliance and the portable battery is required for safety
  and it can be proved by the manufacturer that there is no alternative available on the market;

and it can be proved by the manufacturer that there is no alternative available on the market;

Amendment 168

Amendment 168

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 2 — point a a (new)

Article 11 — paragraph 2 — point a a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (aa) | continuity of power supply is necessary and a permanent connection between the appliance and the portable battery is required for medical or data integrity reasons and it can be proved by the manufacturer that there is no alternative available on the market; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(aa)

(aa)

continuity of power supply is necessary and a permanent connection between the appliance and the portable battery is required for medical or data integrity reasons and it can be proved by the manufacturer that there is no alternative available on the market;

continuity of power supply is necessary and a permanent connection between the appliance and the portable battery is required for medical or data integrity reasons and it can be proved by the manufacturer that there is no alternative available on the market;

Amendment 169

Amendment 169

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 2 — point b

Article 11 — paragraph 2 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | the functioning of the battery is only possible when the battery is integrated into the structure of the appliance. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

the functioning of the battery is only possible when the battery is integrated into the structure of the appliance.

| (b) | the functioning of the battery is only possible when the battery is integrated into the structure of the appliance
  and it can be proved by the manufacturer that there is no alternative available on the market
  . |
| --- | --- |

(b)

the functioning of the battery is only possible when the battery is integrated into the structure of the appliance
  and it can be proved by the manufacturer that there is no alternative available on the market
  .

and it can be proved by the manufacturer that there is no alternative available on the market

Amendment 170

Amendment 170

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 2 — subparagraph 1 a (new)

Article 11 — paragraph 2 — subparagraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | The relevant economic operator shall inform end-users in a clear and comprehensible manner at the time of purchase of the appliance, including through labelling, of any case where the derogation provided for in the first subparagraph applies. The information provided shall indicate the expected lifetime of the battery. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The relevant economic operator shall inform end-users in a clear and comprehensible manner at the time of purchase of the appliance, including through labelling, of any case where the derogation provided for in the first subparagraph applies. The information provided shall indicate the expected lifetime of the battery.

The relevant economic operator shall inform end-users in a clear and comprehensible manner at the time of purchase of the appliance, including through labelling, of any case where the derogation provided for in the first subparagraph applies. The information provided shall indicate the expected lifetime of the battery.

Amendment 171

Amendment 171

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 3

Article 11 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The Commission shall adopt guidance to facilitate harmonised application of the derogations set out in paragraph 2. | 3.   The Commission shall adopt,
  no later than 12 months after the entry into force of this Regulation,
  guidance to facilitate harmonised application of the derogations set out in paragraph 2. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   The Commission shall adopt guidance to facilitate harmonised application of the derogations set out in paragraph 2.

3.   The Commission shall adopt,
  no later than 12 months after the entry into force of this Regulation,
  guidance to facilitate harmonised application of the derogations set out in paragraph 2.

Amendment 172

Amendment 172

Proposal for a regulation

Proposal for a regulation

Article 11 a (new)

Article 11 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 11a |
| | Removability and replaceability of automotive batteries, electric vehicle batteries and industrial batteries |
| | 1.
     
  Automotive batteries, industrial batteries and electric vehicle batteries shall be readily removable and replaceable, if the battery has a shorter lifetime than the appliance or vehicle it is used in, by qualified independent operators, which shall be able to discharge the battery safely and without prior disassembly of the battery pack. |
| | 2.
     
  Industrial batteries and electric vehicle batteries shall be designed, including as regards joining, fastening and sealing elements, so as to enable the removability, replaceability and disassembly of the case, of individual battery cells or other key components without damaging the battery. |
| | 3.
     
  Software shall not be used to affect the replacement of industrial batteries or electric vehicle batteries or of their key components with another compatible battery or key components. |
| | 4.
     
  The Commission shall be empowered to adopt delegated acts in accordance with Article 73 laying down detailed rules supplementing those set out in this Article, by laying down the criteria for the removability, replaceability and disassembly of automotive batteries, electric vehicle batteries and industrial batteries, taking into account technical and scientific and progress. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 11a

Article 11a

Removability and replaceability of automotive batteries, electric vehicle batteries and industrial batteries

Removability and replaceability of automotive batteries, electric vehicle batteries and industrial batteries

1.
     
  Automotive batteries, industrial batteries and electric vehicle batteries shall be readily removable and replaceable, if the battery has a shorter lifetime than the appliance or vehicle it is used in, by qualified independent operators, which shall be able to discharge the battery safely and without prior disassembly of the battery pack.

2.
     
  Industrial batteries and electric vehicle batteries shall be designed, including as regards joining, fastening and sealing elements, so as to enable the removability, replaceability and disassembly of the case, of individual battery cells or other key components without damaging the battery.

3.
     
  Software shall not be used to affect the replacement of industrial batteries or electric vehicle batteries or of their key components with another compatible battery or key components.

4.
     
  The Commission shall be empowered to adopt delegated acts in accordance with Article 73 laying down detailed rules supplementing those set out in this Article, by laying down the criteria for the removability, replaceability and disassembly of automotive batteries, electric vehicle batteries and industrial batteries, taking into account technical and scientific and progress.

Amendment 173

Amendment 173

Proposal for a regulation

Proposal for a regulation

Article 11 b (new)

Article 11 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 11b




  Safety of repaired automotive batteries, industrial batteries, light means of transport batteries and electric vehicle batteries





  1.
     
  The safety of repaired automotive batteries, industrial batteries, light means of transport batteries and electric vehicle batteries shall be assessed based on non- destructive tests adapted to them.






  2.
     
  The Commission is empowered to adopt delegated acts in accordance with Article 73 to define the appropriate testing methods to ensure that repaired batteries are safe. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 11b

Safety of repaired automotive batteries, industrial batteries, light means of transport batteries and electric vehicle batteries

1.
     
  The safety of repaired automotive batteries, industrial batteries, light means of transport batteries and electric vehicle batteries shall be assessed based on non- destructive tests adapted to them.

2.
     
  The Commission is empowered to adopt delegated acts in accordance with Article 73 to define the appropriate testing methods to ensure that repaired batteries are safe.

Amendment 174

Amendment 174

Proposal for a regulation

Proposal for a regulation

Article 11 c (new)

Article 11 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 11c




  Common chargers




  By 1 January 2024, the Commission shall assess how best to introduce harmonised standards for a common charger, to be applicable no later than 1 January 2026, for, respectively, rechargeable batteries designed for electric vehicles, for light means of transport, as well as for rechargeable batteries incorporated into specific categories of electrical and electronic equipment covered by Directive 2012/19/EU.




  When undertaking the assessment referred to in paragraph 1, the Commission shall take into account the size of the market, the reduction of waste, the availability and reduction of costs for consumers and other 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, including the adoption of legislative proposals.




  Thе assessment of the Commission shall be without prejudice to the adoption of any legislation providing for the introduction of such common chargers at an earlier date. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 11c

Common chargers

By 1 January 2024, the Commission shall assess how best to introduce harmonised standards for a common charger, to be applicable no later than 1 January 2026, for, respectively, rechargeable batteries designed for electric vehicles, for light means of transport, as well as for rechargeable batteries incorporated into specific categories of electrical and electronic equipment covered by Directive 2012/19/EU.

When undertaking the assessment referred to in paragraph 1, the Commission shall take into account the size of the market, the reduction of waste, the availability and reduction of costs for consumers and other 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, including the adoption of legislative proposals.

Thе assessment of the Commission shall be without prejudice to the adoption of any legislation providing for the introduction of such common chargers at an earlier date.

Amendment 175

Amendment 175

Proposal for a regulation

Proposal for a regulation

Article 12 — title

Article 12 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Safety of stationary
  battery energy
  storage systems | Safety of
  batteries within energy
  stationary storage systems |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Safety of stationary
  battery energy
  storage systems

battery energy

Safety of
  batteries within energy
  stationary storage systems

batteries within energy

Amendment 176

Amendment 176

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 1

Article 12 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Stationary
  battery
  energy storage systems shall be accompanied by technical documentation demonstrating that they are safe during their normal operation and use, including evidence that they have been successfully tested for the safety parameters laid down in Annex V, for which state-of-the-art testing methodologies
  should
  be used. | 1.   
  Batteries within
  stationary energy storage systems shall be accompanied by technical documentation demonstrating that they are safe during their normal operation and use, including evidence that they have been successfully tested for the safety parameters laid down in Annex V, for which state-of-the-art testing methodologies
  shall
  be used. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Stationary
  battery
  energy storage systems shall be accompanied by technical documentation demonstrating that they are safe during their normal operation and use, including evidence that they have been successfully tested for the safety parameters laid down in Annex V, for which state-of-the-art testing methodologies
  should
  be used.

1.   
  Batteries within
  stationary energy storage systems shall be accompanied by technical documentation demonstrating that they are safe during their normal operation and use, including evidence that they have been successfully tested for the safety parameters laid down in Annex V, for which state-of-the-art testing methodologies
  shall
  be used.

Amendment 177

Amendment 177

Proposal for a regulation

Proposal for a regulation

Article 13 — paragraph 1

Article 13 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   From
  1 January 2027
  , batteries shall be marked with a label containing the information laid down in Part A of Annex VI. | 1.   From ... [
  24 months after the entry into force of this Regulation]
  , batteries shall be marked with a label containing the information laid down in Part A of Annex VI
  and the specific information required pursuant to Regulation (EU) 2017/1369 of the European Parliament and of the Council
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   From
  1 January 2027
  , batteries shall be marked with a label containing the information laid down in Part A of Annex VI.

1.   From ... [
  24 months after the entry into force of this Regulation]
  , batteries shall be marked with a label containing the information laid down in Part A of Annex VI
  and the specific information required pursuant to Regulation (EU) 2017/1369 of the European Parliament and of the Council
  .

Amendment 178

Amendment 178

Proposal for a regulation

Proposal for a regulation

Article 13 — paragraph 2

Article 13 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   From 1 January 2027, portable and automotive batteries shall be marked with a label containing information on their capacity and
  portable batteries shall be
  marked with a label containing information on their minimum average duration when used in specific applications. | 2.   From 1 January 2027, portable
  batteries, light means of transport batteries
  and automotive batteries shall be marked with a label containing information on their
  nominal energy
  capacity and marked with a label containing information on their minimum average duration when used in specific applications
  and the expected lifetime in terms of number of cycles and calendar years
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   From 1 January 2027, portable and automotive batteries shall be marked with a label containing information on their capacity and
  portable batteries shall be
  marked with a label containing information on their minimum average duration when used in specific applications.

2.   From 1 January 2027, portable
  batteries, light means of transport batteries
  and automotive batteries shall be marked with a label containing information on their
  nominal energy
  capacity and marked with a label containing information on their minimum average duration when used in specific applications
  and the expected lifetime in terms of number of cycles and calendar years
  .

Amendment 179

Amendment 179

Proposal for a regulation

Proposal for a regulation

Article 13 — paragraph 2 a (new)

Article 13 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  From 1 January 2023, non-rechargeable portable batteries of general use shall be marked with a label indicating ‘non-rechargeable’. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2a.
     
  From 1 January 2023, non-rechargeable portable batteries of general use shall be marked with a label indicating ‘non-rechargeable’.

Amendment 180

Amendment 180

Proposal for a regulation

Proposal for a regulation

Article 13 — paragraph 3 — subparagraph 4

Article 13 — paragraph 3 — subparagraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| Where the size of the battery is such that the symbol would be smaller than
  0,5 × 0,5
   cm, the battery does not need to be marked but a symbol measuring at least 1 × 1 cm shall be printed on the packaging. | Where the size of the battery is such that the symbol would be smaller than
  0,47 × 0,47
   cm, the battery does not need to be marked but a symbol measuring at least 1 × 1 cm shall be printed on the packaging. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Where the size of the battery is such that the symbol would be smaller than
  0,5 × 0,5
   cm, the battery does not need to be marked but a symbol measuring at least 1 × 1 cm shall be printed on the packaging.

0,5 × 0,5

Where the size of the battery is such that the symbol would be smaller than
  0,47 × 0,47
   cm, the battery does not need to be marked but a symbol measuring at least 1 × 1 cm shall be printed on the packaging.

0,47 × 0,47

Amendment 181

Amendment 181

Proposal for a regulation

Proposal for a regulation

Article 13 — paragraph 3 a (new)

Article 13 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3a.
     
  From 1 July 2023, batteries shall be labelled with a symbol indicating a harmonised colour code based on the battery type and its chemical composition. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3a.
     
  From 1 July 2023, batteries shall be labelled with a symbol indicating a harmonised colour code based on the battery type and its chemical composition.

Amendment 182

Amendment 182

Proposal for a regulation

Proposal for a regulation

Article 13 — paragraph 5 — point — a a (new)

Article 13 — paragraph 5 — point — a a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (- aa) | from 1 January 2025, the information laid down in Part Aa of Annex VI; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(- aa)

(- aa)

from 1 January 2025, the information laid down in Part Aa of Annex VI;

Amendment 183

Amendment 183

Proposal for a regulation

Proposal for a regulation

Article 13 — paragraph 5 — point b

Article 13 — paragraph 5 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | from 1 January 2027, for portable and automotive batteries the information referred to in paragraph 2; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

from 1 January 2027, for portable and automotive batteries the information referred to in paragraph 2;

| (b) | from 1 January 2027, for portable
  , light means of transport batteries
  and automotive batteries, the information referred to in paragraph 2; |
| --- | --- |

(b)

from 1 January 2027, for portable
  , light means of transport batteries
  and automotive batteries, the information referred to in paragraph 2;

, light means of transport batteries

Amendment 184

Amendment 184

Proposal for a regulation

Proposal for a regulation

Article 13 — paragraph 5 — point b a (new)

Article 13 — paragraph 5 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | from 1 January 2023, for portable batteries of general use, the information referred to in paragraph 2a; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ba)

(ba)

from 1 January 2023, for portable batteries of general use, the information referred to in paragraph 2a;

from 1 January 2023, for portable batteries of general use, the information referred to in paragraph 2a;

Amendment 185

Amendment 185

Proposal for a regulation

Proposal for a regulation

Article 13 — paragraph 5 — point e

Article 13 — paragraph 5 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | from [12 months after the entry into force of this Regulation], for
  rechargeable industrial batteries and electric vehicle
  batteries the report referred to in Article 39(6); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(e)

from [12 months after the entry into force of this Regulation], for
  rechargeable industrial batteries and electric vehicle
  batteries the report referred to in Article 39(6);

rechargeable industrial batteries and electric vehicle

| (e) | from [12 months after the entry into force of this Regulation], for
  all
  batteries, the report referred to in Article 39(6); |
| --- | --- |

(e)

from [12 months after the entry into force of this Regulation], for
  all
  batteries, the report referred to in Article 39(6);

all

Amendment 186

Amendment 186

Proposal for a regulation

Proposal for a regulation

Article 13 — paragraph 5 — point f

Article 13 — paragraph 5 — point f

| Text proposed by the Commission | Amendment |
| --- | --- |
| (f) | from
  1
  July 2024, for electric vehicle batteries and for
  rechargeable
  industrial batteries
  with internal storage and a capacity above 2 kWh
  the carbon footprint declaration referred to in Article 7(1); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(f)

from
  1
  July 2024, for electric vehicle batteries and for
  rechargeable
  industrial batteries
  with internal storage and a capacity above 2 kWh
  the carbon footprint declaration referred to in Article 7(1);

1

rechargeable

with internal storage and a capacity above 2 kWh

| (f) | from July 2024, for electric vehicle batteries
  , light means of transport batteries
  and for industrial batteries, the carbon footprint declaration referred to in Article 7(1); |
| --- | --- |

(f)

from July 2024, for electric vehicle batteries
  , light means of transport batteries
  and for industrial batteries, the carbon footprint declaration referred to in Article 7(1);

, light means of transport batteries

Amendment 187

Amendment 187

Proposal for a regulation

Proposal for a regulation

Article 13 — paragraph 5 — point g

Article 13 — paragraph 5 — point g

| Text proposed by the Commission | Amendment |
| --- | --- |
| (g) | from
  1 January 2026
  , for electric vehicle batteries and for
  rechargeable
  industrial batteries with internal storage
  and a capacity above 2 kWh
  the carbon footprint performance class referred to in Article 7(2); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(g)

from
  1 January 2026
  , for electric vehicle batteries and for
  rechargeable
  industrial batteries with internal storage
  and a capacity above 2 kWh
  the carbon footprint performance class referred to in Article 7(2);

1 January 2026

rechargeable

and a capacity above 2 kWh

| (g) | from
  1 July 2025
  , for electric vehicle batteries
  , light means of transport vehicles
  and for industrial batteries with internal storage the carbon footprint performance class referred to in Article 7(2); |
| --- | --- |

(g)

from
  1 July 2025
  , for electric vehicle batteries
  , light means of transport vehicles
  and for industrial batteries with internal storage the carbon footprint performance class referred to in Article 7(2);

1 July 2025

, light means of transport vehicles

Amendment 188

Amendment 188

Proposal for a regulation

Proposal for a regulation

Article 13 — paragraph 5 — point h

Article 13 — paragraph 5 — point h

| Text proposed by the Commission | Amendment |
| --- | --- |
| (h) | from 1 January 2027, for rechargeable
  industrial batteries, automotive batteries and electric vehicle batteries
  with internal storage and a capacity above 2 kWh
  the amount of cobalt, lead, lithium or nickel recovered from waste and present in active materials in the battery, in accordance with Article 8; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(h)

from 1 January 2027, for rechargeable
  industrial batteries, automotive batteries and electric vehicle batteries
  with internal storage and a capacity above 2 kWh
  the amount of cobalt, lead, lithium or nickel recovered from waste and present in active materials in the battery, in accordance with Article 8;

from 1 January 2027, for rechargeable

with internal storage and a capacity above 2 kWh

| (h) | from 1 July 2025, for portable batteries, with the exception of portable batteries of general use, light means of transport batteries,
  industrial batteries, automotive batteries and electric vehicle batteries, the amount of cobalt, lead, lithium or nickel recovered from waste and present in active materials in the battery, in accordance with Article 8; |
| --- | --- |

(h)

from 1 July 2025, for portable batteries, with the exception of portable batteries of general use, light means of transport batteries,
  industrial batteries, automotive batteries and electric vehicle batteries, the amount of cobalt, lead, lithium or nickel recovered from waste and present in active materials in the battery, in accordance with Article 8;

from 1 July 2025, for portable batteries, with the exception of portable batteries of general use, light means of transport batteries,

Amendment 189

Amendment 189

Proposal for a regulation

Proposal for a regulation

Article 13 — paragraph 5 — point j a (new)

Article 13 — paragraph 5 — point j a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ja) | from 1 January 2026, for light means of transport batteries, electric vehicle batteries and industrial batteries the information contained in the battery passport referred to in Article 65. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ja)

(ja)

from 1 January 2026, for light means of transport batteries, electric vehicle batteries and industrial batteries the information contained in the battery passport referred to in Article 65.

from 1 January 2026, for light means of transport batteries, electric vehicle batteries and industrial batteries the information contained in the battery passport referred to in Article 65.

Amendment 190

Amendment 190

Proposal for a regulation

Proposal for a regulation

Article 13 — paragraph 6

Article 13 — paragraph 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| 6.   Labels and QR code referred to in paragraphs 1 to 5 shall be printed or engraved visibly, legibly and indelibly on the battery. Where this is not possible or not warranted on account of the nature and size of the battery, labels shall be affixed to the packaging and to the documents accompanying the battery. | 6.   Labels and QR code referred to in paragraphs 1 to 5 shall be printed or engraved visibly, legibly and indelibly on the battery. Where this is not possible or not warranted on account of the nature and size of the battery, labels shall be affixed to the packaging and to the documents accompanying the battery.
  In the event of remanufacturing or repurposing, labels shall be updated by a new label reflecting the new status of the battery. |
| | Where batteries are incorporated in appliances, the labels and QR code referred to in paragraphs 1, 2, 3 and 5 shall be printed or engraved visibly, legibly and indelibly on the appliances. |
| | The QR code shall also provide access to the publicly accessible part of the battery passport established pursuant to Article 65. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6.   Labels and QR code referred to in paragraphs 1 to 5 shall be printed or engraved visibly, legibly and indelibly on the battery. Where this is not possible or not warranted on account of the nature and size of the battery, labels shall be affixed to the packaging and to the documents accompanying the battery.

6.   Labels and QR code referred to in paragraphs 1 to 5 shall be printed or engraved visibly, legibly and indelibly on the battery. Where this is not possible or not warranted on account of the nature and size of the battery, labels shall be affixed to the packaging and to the documents accompanying the battery.
  In the event of remanufacturing or repurposing, labels shall be updated by a new label reflecting the new status of the battery.

Where batteries are incorporated in appliances, the labels and QR code referred to in paragraphs 1, 2, 3 and 5 shall be printed or engraved visibly, legibly and indelibly on the appliances.

Where batteries are incorporated in appliances, the labels and QR code referred to in paragraphs 1, 2, 3 and 5 shall be printed or engraved visibly, legibly and indelibly on the appliances.

The QR code shall also provide access to the publicly accessible part of the battery passport established pursuant to Article 65.

The QR code shall also provide access to the publicly accessible part of the battery passport established pursuant to Article 65.

Amendment 191

Amendment 191

Proposal for a regulation

Proposal for a regulation

Article 13 — paragraph 6 a (new)

Article 13 — paragraph 6 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 6a.
     
  The Commission is empowered to adopt delegated acts in accordance with Article 73 to provide for alternative types of smart labels instead of or in addition to the QR-code, in view of technical and scientific progress. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6a.
     
  The Commission is empowered to adopt delegated acts in accordance with Article 73 to provide for alternative types of smart labels instead of or in addition to the QR-code, in view of technical and scientific progress.

Amendment 192

Amendment 192

Proposal for a regulation

Proposal for a regulation

Article 13 — paragraph 7

Article 13 — paragraph 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| 7.   The Commission shall, by
  31 December
  2025, adopt implementing acts to establish harmonised specifications for the labelling requirements referred to in paragraphs 1 and 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(3). | 7.   The Commission shall, by
  1 July
  2025, adopt implementing acts to establish harmonised specifications for the labelling requirements referred to in paragraphs 1 and 2
  . For portable batteries of general use, such labelling shall include an easily recognisable classification of their performance and durability
  . Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(3). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7.   The Commission shall, by
  31 December
  2025, adopt implementing acts to establish harmonised specifications for the labelling requirements referred to in paragraphs 1 and 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(3).

7.   The Commission shall, by
  1 July
  2025, adopt implementing acts to establish harmonised specifications for the labelling requirements referred to in paragraphs 1 and 2
  . For portable batteries of general use, such labelling shall include an easily recognisable classification of their performance and durability
  . Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(3).

Amendment 193

Amendment 193

Proposal for a regulation

Proposal for a regulation

Article 13 — paragraph 7 a (new)

Article 13 — paragraph 7 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 7a.
     
  The Commission shall, by 1 January 2023, adopt implementing acts to establish harmonised specifications for the labelling requirements referred to in paragraph 3 concerning the harmonised colour code. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(3). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7a.
     
  The Commission shall, by 1 January 2023, adopt implementing acts to establish harmonised specifications for the labelling requirements referred to in paragraph 3 concerning the harmonised colour code. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(3).

Amendment 194

Amendment 194

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 1

Article 14 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   
  Rechargeable industrial
  batteries
  and
  electric vehicle batteries
  with internal storage and a capacity above 2 kWh shall
  include a battery management system
  containing
  data on the parameters for determining the state of health and expected lifetime of batteries as laid down in Annex VII. | 1.   Batteries
  within stationary energy storage systems,
  electric vehicle batteries
  and light means of transport batteries that
  include a battery management system
  shall contain within the battery management system real time
  data on the parameters for determining the state of health
  , safety
  and expected lifetime of batteries as laid down in Annex VII. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   
  Rechargeable industrial
  batteries
  and
  electric vehicle batteries
  with internal storage and a capacity above 2 kWh shall
  include a battery management system
  containing
  data on the parameters for determining the state of health and expected lifetime of batteries as laid down in Annex VII.

1.   Batteries
  within stationary energy storage systems,
  electric vehicle batteries
  and light means of transport batteries that
  include a battery management system
  shall contain within the battery management system real time
  data on the parameters for determining the state of health
  , safety
  and expected lifetime of batteries as laid down in Annex VII.

Amendment 195

Amendment 195

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 2 — introductory part

Article 14 — paragraph 2 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Access to the data in the battery management system referred to in paragraph 1 shall be provided on
  a non-discriminatory
  basis to the legal or natural person who has legally purchased the battery or any third party acting on their behalf at any time for the purpose of: | 2.   
  Read-only
  access to the data in the battery management system, referred to in paragraph 1
  , and in portable batteries that include a battery management system,
  shall be provided on
  a non-discriminatory
  basis to the legal or natural person who has legally purchased the battery or any third party acting on their behalf at any time for the purpose of: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Access to the data in the battery management system referred to in paragraph 1 shall be provided on
  a non-discriminatory
  basis to the legal or natural person who has legally purchased the battery or any third party acting on their behalf at any time for the purpose of:

2.   
  Read-only
  access to the data in the battery management system, referred to in paragraph 1
  , and in portable batteries that include a battery management system,
  shall be provided on
  a non-discriminatory
  basis to the legal or natural person who has legally purchased the battery or any third party acting on their behalf at any time for the purpose of:

Amendment 196

Amendment 196

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 2 — point b

Article 14 — paragraph 2 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | facilitating the reuse, repurposing or remanufacturing of the battery; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

facilitating the reuse, repurposing or remanufacturing of the battery;

| (b) | facilitating the
  preparation for
  reuse
  , reuse, the preparation for repurposing
  , repurposing or remanufacturing of the battery; |
| --- | --- |

(b)

facilitating the
  preparation for
  reuse
  , reuse, the preparation for repurposing
  , repurposing or remanufacturing of the battery;

preparation for

, reuse, the preparation for repurposing

Amendment 197

Amendment 197

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 2 a (new)

Article 14 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  Manufacturers shall make available for electric vehicle batteries and light means of transport batteries that contain a battery management system real-time in-vehicle data related to the battery state of health, battery state of charge, battery power set point and battery capacity. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2a.
     
  Manufacturers shall make available for electric vehicle batteries and light means of transport batteries that contain a battery management system real-time in-vehicle data related to the battery state of health, battery state of charge, battery power set point and battery capacity.

Amendment 198

Amendment 198

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 2 b (new)

Article 14 — paragraph 2 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2b.
     
  By 1 January 2024, the battery management system for electric vehicle batteries shall be designed in such a manner that it can communicate with smart charging systems, including by having vehicle-to-grid, vehicle-to-load, vehicle-to-vehicle, vehicle-to-power bank and vehicle-to-building charging functions. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2b.
     
  By 1 January 2024, the battery management system for electric vehicle batteries shall be designed in such a manner that it can communicate with smart charging systems, including by having vehicle-to-grid, vehicle-to-load, vehicle-to-vehicle, vehicle-to-power bank and vehicle-to-building charging functions.

Amendment 199

Amendment 199

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 3 — subparagraph 1 a (new)

Article 14 — paragraph 3 — subparagraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | The Commission is empowered to adopt a delegated act in accordance with Article 73 to amend the parameters for determining the state of health and expected lifetime of batteries as laid down in Annex VII, in view of technical and scientific progress, and to ensure synergies with the parameters that may originate from the work of the informal UNECE Working Group on Electric Vehicles and the Environment. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Commission is empowered to adopt a delegated act in accordance with Article 73 to amend the parameters for determining the state of health and expected lifetime of batteries as laid down in Annex VII, in view of technical and scientific progress, and to ensure synergies with the parameters that may originate from the work of the informal UNECE Working Group on Electric Vehicles and the Environment.

The Commission is empowered to adopt a delegated act in accordance with Article 73 to amend the parameters for determining the state of health and expected lifetime of batteries as laid down in Annex VII, in view of technical and scientific progress, and to ensure synergies with the parameters that may originate from the work of the informal UNECE Working Group on Electric Vehicles and the Environment.

Amendment 200

Amendment 200

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 1

Article 15 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   For the purposes of compliance and verification of compliance with the requirements set out in Articles 9, 10, 12, 13 and 59(5)(a) of this Regulation, measurements and calculations shall be made using a reliable, accurate and reproducible method, which takes into account the generally recognised state-of-the-art methods, and whose results are deemed to be of low uncertainty, including methods set out in standards, the reference numbers of which have been published for that purpose in the Official Journal of the European Union. | 1.   For the purposes of compliance and verification of compliance with the requirements set out in Articles 9, 10
  , 11a
  , 12, 13 and 59(5)(a) of this Regulation, measurements and calculations shall be made using a reliable, accurate and reproducible method, which takes into account the generally recognised state-of-the-art methods, and whose results are deemed to be of low uncertainty, including methods set out in standards, the reference numbers of which have been published for that purpose in the Official Journal of the European Union. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   For the purposes of compliance and verification of compliance with the requirements set out in Articles 9, 10, 12, 13 and 59(5)(a) of this Regulation, measurements and calculations shall be made using a reliable, accurate and reproducible method, which takes into account the generally recognised state-of-the-art methods, and whose results are deemed to be of low uncertainty, including methods set out in standards, the reference numbers of which have been published for that purpose in the Official Journal of the European Union.

1.   For the purposes of compliance and verification of compliance with the requirements set out in Articles 9, 10
  , 11a
  , 12, 13 and 59(5)(a) of this Regulation, measurements and calculations shall be made using a reliable, accurate and reproducible method, which takes into account the generally recognised state-of-the-art methods, and whose results are deemed to be of low uncertainty, including methods set out in standards, the reference numbers of which have been published for that purpose in the Official Journal of the European Union.

Amendment 201

Amendment 201

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 2

Article 15 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Batteries which are tested following harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements referred to in Articles 9, 10, 13 and 59(5)(a) to the extent that those requirements are covered by such harmonised standards. | 2.   Batteries which are tested following harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements referred to in Articles 9, 10, 13 and 59(5)(a) to the extent that those requirements are covered by such harmonised standards
  or parts thereof
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Batteries which are tested following harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements referred to in Articles 9, 10, 13 and 59(5)(a) to the extent that those requirements are covered by such harmonised standards.

2.   Batteries which are tested following harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements referred to in Articles 9, 10, 13 and 59(5)(a) to the extent that those requirements are covered by such harmonised standards
  or parts thereof
  .

Amendment 202

Amendment 202

Proposal for a regulation

Proposal for a regulation

Article 16 — paragraph 1 — subparagraph 1 — introductory part

Article 16 — paragraph 1 — subparagraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The Commission
  shall be empowered to
  adopt implementing acts laying down common specifications for the requirements set out in Articles 9, 10, 12, 13, 59(5)(a) or tests referred to in Article 15(2), where: | 1.   The Commission
  may
  adopt
  in exceptional cases, after consultation of the relevant European standardisation organisations and European stakeholder organisations receiving Union financing under Regulation (EU) No 1025/2012,
  implementing acts laying down common specifications for the requirements set out in Articles 9, 10,
  11a,
  12, 13, 59(5)(a) or tests referred to in Article 15(2), where: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   The Commission
  shall be empowered to
  adopt implementing acts laying down common specifications for the requirements set out in Articles 9, 10, 12, 13, 59(5)(a) or tests referred to in Article 15(2), where:

1.   The Commission
  may
  adopt
  in exceptional cases, after consultation of the relevant European standardisation organisations and European stakeholder organisations receiving Union financing under Regulation (EU) No 1025/2012,
  implementing acts laying down common specifications for the requirements set out in Articles 9, 10,
  11a,
  12, 13, 59(5)(a) or tests referred to in Article 15(2), where:

Amendment 203

Amendment 203

Proposal for a regulation

Proposal for a regulation

Article 16 — paragraph 1 — subparagraph 1 — point b

Article 16 — paragraph 1 — subparagraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | the Commission observes undue delays in the adoption of requested harmonised standards,
  or
  considers that relevant harmonised standards
  are not sufficient
  ; or |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

the Commission observes undue delays in the adoption of requested harmonised standards,
  or
  considers that relevant harmonised standards
  are not sufficient
  ; or

or

are not sufficient

| (b) | the Commission observes undue delays in the adoption of requested harmonised standards,
  namely by exceeding the deadlines set for the standardisation organisation in the standardisation request, or reasonably
  considers that relevant harmonised standards
  do not sufficiently fulfil the criteria described in the standardisation request
  ; or |
| --- | --- |

(b)

the Commission observes undue delays in the adoption of requested harmonised standards,
  namely by exceeding the deadlines set for the standardisation organisation in the standardisation request, or reasonably
  considers that relevant harmonised standards
  do not sufficiently fulfil the criteria described in the standardisation request
  ; or

namely by exceeding the deadlines set for the standardisation organisation in the standardisation request, or reasonably

do not sufficiently fulfil the criteria described in the standardisation request

Amendment 204

Amendment 204

Proposal for a regulation

Proposal for a regulation

Article 16 — paragraph 3 a (new)

Article 16 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3a.
     
  The Commission shall actively support the Union industry and strengthen its presence in international standardisation organisations by aiming for the greatest possible coherence between international and European standards, and by promoting the general use of European standards outside the Union. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3a.
     
  The Commission shall actively support the Union industry and strengthen its presence in international standardisation organisations by aiming for the greatest possible coherence between international and European standards, and by promoting the general use of European standards outside the Union.

Amendment 205

Amendment 205

Proposal for a regulation

Proposal for a regulation

Article 17 — paragraph 1

Article 17 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Before a battery is placed on the market or put
  it
  into service, the manufacturer or its authorised representative shall ensure that an assessment of the product’s conformity with the requirements of Chapters II and III of this Regulation is carried out. | 1.   Before a battery is placed on the market or put into service, the manufacturer or its authorised representative shall ensure that an assessment of the product’s conformity with the requirements of Chapters II and III
  and Article 39
  of this Regulation is carried out. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Before a battery is placed on the market or put
  it
  into service, the manufacturer or its authorised representative shall ensure that an assessment of the product’s conformity with the requirements of Chapters II and III of this Regulation is carried out.

1.   Before a battery is placed on the market or put into service, the manufacturer or its authorised representative shall ensure that an assessment of the product’s conformity with the requirements of Chapters II and III
  and Article 39
  of this Regulation is carried out.

Amendment 206

Amendment 206

Proposal for a regulation

Proposal for a regulation

Article 17 — paragraph 2

Article 17 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Conformity assessment of batteries with the requirements set out in Articles 6, 9,
  10,
  11,
  12
  , 13 and 14 shall be carried out in accordance with the procedure set out in Part A of Annex VIII. | 2.   Conformity assessment of batteries with the requirements set out in Articles 6, 9, 11, 13 and 14 shall be carried out in accordance with the procedure set out in Part A of Annex VIII. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Conformity assessment of batteries with the requirements set out in Articles 6, 9,
  10,
  11,
  12
  , 13 and 14 shall be carried out in accordance with the procedure set out in Part A of Annex VIII.

2.   Conformity assessment of batteries with the requirements set out in Articles 6, 9, 11, 13 and 14 shall be carried out in accordance with the procedure set out in Part A of Annex VIII.

Amendment 207

Amendment 207

Proposal for a regulation

Proposal for a regulation

Article 17 — paragraph 3

Article 17 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Conformity assessment of batteries with requirements set out in Articles 7, 8 and 39 shall be carried out in accordance with the procedure set out in Part B of Annex VIII. | 3.   Conformity assessment of batteries with requirements set out in Articles 7, 8
  , 10, 12
  and 39 shall be carried out in accordance with the procedure set out in Part B of Annex VIII. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   Conformity assessment of batteries with requirements set out in Articles 7, 8 and 39 shall be carried out in accordance with the procedure set out in Part B of Annex VIII.

3.   Conformity assessment of batteries with requirements set out in Articles 7, 8
  , 10, 12
  and 39 shall be carried out in accordance with the procedure set out in Part B of Annex VIII.

Amendment 208

Amendment 208

Proposal for a regulation

Proposal for a regulation

Article 17 — paragraph 5

Article 17 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   Records and correspondence relating to the conformity assessment of batteries shall be drawn up in
  an
  official language of the Member State where the notified body carrying out the conformity assessment procedures referred to in paragraphs 1 and 2 is established, or in a language accepted by that body. | 5.   Records and correspondence relating to the conformity assessment of batteries shall be drawn up in
  the
  official language
  or languages
  of the Member State where the notified body carrying out the conformity assessment procedures referred to in paragraphs 1 and 2 is established, or in a language accepted by that body. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.   Records and correspondence relating to the conformity assessment of batteries shall be drawn up in
  an
  official language of the Member State where the notified body carrying out the conformity assessment procedures referred to in paragraphs 1 and 2 is established, or in a language accepted by that body.

5.   Records and correspondence relating to the conformity assessment of batteries shall be drawn up in
  the
  official language
  or languages
  of the Member State where the notified body carrying out the conformity assessment procedures referred to in paragraphs 1 and 2 is established, or in a language accepted by that body.

Amendment 209

Amendment 209

Proposal for a regulation

Proposal for a regulation

Article 17 — paragraph 5 a (new)

Article 17 — paragraph 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 5 a.
     
  This Article shall apply 12 months after the date of publication by the Commission of the list of notified bodies referred to in Article 30(2). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5 a.
     
  This Article shall apply 12 months after the date of publication by the Commission of the list of notified bodies referred to in Article 30(2).

Amendment 210

Amendment 210

Proposal for a regulation

Proposal for a regulation

Article 18 — paragraph 1

Article 18 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The EU declaration of conformity shall state that the fulfilment of the requirements set out in Chapters II and III has been demonstrated. | 1.   The EU declaration of conformity shall state that the fulfilment of the requirements set out in Chapters II and III
  and Article 39
  has been demonstrated. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   The EU declaration of conformity shall state that the fulfilment of the requirements set out in Chapters II and III has been demonstrated.

1.   The EU declaration of conformity shall state that the fulfilment of the requirements set out in Chapters II and III
  and Article 39
  has been demonstrated.

Amendment 211

Amendment 211

Proposal for a regulation

Proposal for a regulation

Article 18 — paragraph 2

Article 18 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The EU declaration of conformity shall have the model structure set out in Annex IX, shall contain the elements specified in the relevant modules set out in Annex VIII and shall be continuously updated. It shall be translated into the language or languages required by the Member State in which the battery is placed on the market or put into service. | 2.   The EU declaration of conformity
  may be completed electronically and
  shall have the model structure set out in Annex IX, shall contain the elements specified in the relevant modules set out in Annex VIII and shall be continuously updated. It shall be translated into the language or languages required by the Member State in which the battery is placed
  or made available
  on the market or put into service. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The EU declaration of conformity shall have the model structure set out in Annex IX, shall contain the elements specified in the relevant modules set out in Annex VIII and shall be continuously updated. It shall be translated into the language or languages required by the Member State in which the battery is placed on the market or put into service.

2.   The EU declaration of conformity
  may be completed electronically and
  shall have the model structure set out in Annex IX, shall contain the elements specified in the relevant modules set out in Annex VIII and shall be continuously updated. It shall be translated into the language or languages required by the Member State in which the battery is placed
  or made available
  on the market or put into service.

Amendment 212

Amendment 212

Proposal for a regulation

Proposal for a regulation

Article 21 — paragraph 1

Article 21 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Member States shall notify the Commission and the other Member States of conformity assessment bodies authorised to carry out conformity assessment in accordance with this Regulation | Member States shall notify the Commission and the other Member States of conformity assessment bodies authorised to carry out
  third-party
  conformity assessment in accordance with this Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Member States shall notify the Commission and the other Member States of conformity assessment bodies authorised to carry out conformity assessment in accordance with this Regulation

Member States shall notify the Commission and the other Member States of conformity assessment bodies authorised to carry out
  third-party
  conformity assessment in accordance with this Regulation.

third-party

Amendment 213

Amendment 213

Proposal for a regulation

Proposal for a regulation

Article 23 — paragraph 5

Article 23 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   A notifying authority shall have a sufficient number of competent personnel at its disposal for the proper performance of its tasks. | 5.   A notifying authority shall have a sufficient number of competent personnel
  and sufficient funding
  at its disposal for the proper performance of its tasks. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.   A notifying authority shall have a sufficient number of competent personnel at its disposal for the proper performance of its tasks.

5.   A notifying authority shall have a sufficient number of competent personnel
  and sufficient funding
  at its disposal for the proper performance of its tasks.

Amendment 214

Amendment 214

Proposal for a regulation

Proposal for a regulation

Article 25 — paragraph 3

Article 25 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   A conformity assessment body shall be a third-party body independent from any and all business ties and from the
  battery model
  it assesses, in particular from battery manufacturers, the battery manufacturers’ trade partners, shareholding investors on the battery manufacturers’ plants and from other notified bodies and the notified bodies’ business associations, parent companies or subsidiaries. | 3.   A conformity assessment body shall be a third-party body independent from any and all business ties and from the
  batteries
  it assesses, in particular from battery manufacturers, the battery manufacturers’ trade partners, shareholding investors on the battery manufacturers’ plants and from other notified bodies and the notified bodies’ business associations, parent companies or subsidiaries. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   A conformity assessment body shall be a third-party body independent from any and all business ties and from the
  battery model
  it assesses, in particular from battery manufacturers, the battery manufacturers’ trade partners, shareholding investors on the battery manufacturers’ plants and from other notified bodies and the notified bodies’ business associations, parent companies or subsidiaries.

3.   A conformity assessment body shall be a third-party body independent from any and all business ties and from the
  batteries
  it assesses, in particular from battery manufacturers, the battery manufacturers’ trade partners, shareholding investors on the battery manufacturers’ plants and from other notified bodies and the notified bodies’ business associations, parent companies or subsidiaries.

Amendment 215

Amendment 215

Proposal for a regulation

Proposal for a regulation

Article 25 — paragraph 6 — subparagraph 1

Article 25 — paragraph 6 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| A conformity assessment body shall be capable of carrying out all the conformity assessment
  activities
  mentioned in Annex VIII and in relation to which it has been notified, whether those tasks are carried out by the conformity assessment body itself or on its behalf and under its responsibility. | A conformity assessment body shall be capable of carrying out all the conformity assessment
  tasks
  mentioned in Annex VIII and in relation to which it has been notified, whether those tasks are carried out by the conformity assessment body itself or on its behalf and under its responsibility. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

A conformity assessment body shall be capable of carrying out all the conformity assessment
  activities
  mentioned in Annex VIII and in relation to which it has been notified, whether those tasks are carried out by the conformity assessment body itself or on its behalf and under its responsibility.

activities

A conformity assessment body shall be capable of carrying out all the conformity assessment
  tasks
  mentioned in Annex VIII and in relation to which it has been notified, whether those tasks are carried out by the conformity assessment body itself or on its behalf and under its responsibility.

tasks

Amendment 216

Amendment 216

Proposal for a regulation

Proposal for a regulation

Article 25 — paragraph 6 — subparagraph 2 — point a

Article 25 — paragraph 6 — subparagraph 2 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | in-house personnel with technical knowledge and sufficient and appropriate experience to perform the conformity assessment
  activities
  ; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

in-house personnel with technical knowledge and sufficient and appropriate experience to perform the conformity assessment
  activities
  ;

activities

| (a) | in-house personnel with technical knowledge and sufficient and appropriate experience to perform the conformity assessment
  tasks
  ; |
| --- | --- |

(a)

in-house personnel with technical knowledge and sufficient and appropriate experience to perform the conformity assessment
  tasks
  ;

tasks

Amendment 217

Amendment 217

Proposal for a regulation

Proposal for a regulation

Article 25 — paragraph 6 — subparagraph 2 — point c

Article 25 — paragraph 6 — subparagraph 2 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | appropriate policies and procedures to distinguish between activities that it carries out as a notified body and other
  activities
  ; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

appropriate policies and procedures to distinguish between activities that it carries out as a notified body and other
  activities
  ;

activities

| (c) | appropriate policies and procedures to distinguish between activities that it carries out as a notified body and other
  tasks
  ; |
| --- | --- |

(c)

appropriate policies and procedures to distinguish between activities that it carries out as a notified body and other
  tasks
  ;

tasks

Amendment 218

Amendment 218

Proposal for a regulation

Proposal for a regulation

Article 25 — paragraph 6 — subparagraph 3

Article 25 — paragraph 6 — subparagraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| A conformity assessment body shall at all times have access to all testing equipment or facilities needed for each conformity assessment procedure and each battery model in relation to which it has been notified. | A conformity assessment body shall at all times have access to all
  the information,
  testing equipment or facilities needed for each conformity assessment procedure and each battery model in relation to which it has been notified. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

A conformity assessment body shall at all times have access to all testing equipment or facilities needed for each conformity assessment procedure and each battery model in relation to which it has been notified.

A conformity assessment body shall at all times have access to all
  the information,
  testing equipment or facilities needed for each conformity assessment procedure and each battery model in relation to which it has been notified.

the information,

Amendment 219

Amendment 219

Proposal for a regulation

Proposal for a regulation

Article 25 — paragraph 7 — point c

Article 25 — paragraph 7 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | appropriate knowledge and understanding of the requirements set out in Chapters II and III, of the applicable harmonised standards referred to in Article 15 and common specifications referred to in Article 16 and of the relevant provisions of Union harmonisation legislation and of national legislation; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

appropriate knowledge and understanding of the requirements set out in Chapters II and III, of the applicable harmonised standards referred to in Article 15 and common specifications referred to in Article 16 and of the relevant provisions of Union harmonisation legislation and of national legislation;

| (c) | appropriate knowledge and understanding of the requirements set out in Chapters II and III
  and in Article 39
  , of the applicable harmonised standards referred to in Article 15 and common specifications referred to in Article 16 and of the relevant provisions of Union harmonisation legislation and of national legislation; |
| --- | --- |

(c)

appropriate knowledge and understanding of the requirements set out in Chapters II and III
  and in Article 39
  , of the applicable harmonised standards referred to in Article 15 and common specifications referred to in Article 16 and of the relevant provisions of Union harmonisation legislation and of national legislation;

and in Article 39

Amendment 220

Amendment 220

Proposal for a regulation

Proposal for a regulation

Article 25 — paragraph 8 — subparagraph 1

Article 25 — paragraph 8 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The impartiality of a conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment
  activities
  shall be guaranteed. | The impartiality of a conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment
  tasks
  shall be guaranteed. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The impartiality of a conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment
  activities
  shall be guaranteed.

activities

The impartiality of a conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment
  tasks
  shall be guaranteed.

tasks

Amendment 221

Amendment 221

Proposal for a regulation

Proposal for a regulation

Article 25 — paragraph 8 — subparagraph 2

Article 25 — paragraph 8 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The remuneration of the top level management and the personnel responsible for carrying out the conformity assessments
  activities
  shall not depend on the number of conformity assessments carried out or on the results of those assessments. | The remuneration of the top level management and the personnel responsible for carrying out the conformity assessments
  tasks
  shall not depend on the number of conformity assessments carried out or on the results of those assessments. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The remuneration of the top level management and the personnel responsible for carrying out the conformity assessments
  activities
  shall not depend on the number of conformity assessments carried out or on the results of those assessments.

activities

The remuneration of the top level management and the personnel responsible for carrying out the conformity assessments
  tasks
  shall not depend on the number of conformity assessments carried out or on the results of those assessments.

tasks

Amendment 222

Amendment 222

Proposal for a regulation

Proposal for a regulation

Article 25 — paragraph 10

Article 25 — paragraph 10

| Text proposed by the Commission | Amendment |
| --- | --- |
| 10.   The personnel of a conformity assessment body shall observe professional secrecy with regard to all information obtained in carrying out the conformity assessment
  activities
  in accordance with Annex VIII, except in relation to the competent authorities of the Member State in which its activities are carried out. Proprietary rights shall be protected. | 10.   The personnel of a conformity assessment body shall observe professional secrecy with regard to all information obtained in carrying out the conformity assessment
  tasks
  in accordance with Annex VIII, except in relation to the competent authorities of the Member State in which its activities are carried out. Proprietary rights shall be protected. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

10.   The personnel of a conformity assessment body shall observe professional secrecy with regard to all information obtained in carrying out the conformity assessment
  activities
  in accordance with Annex VIII, except in relation to the competent authorities of the Member State in which its activities are carried out. Proprietary rights shall be protected.

10.   The personnel of a conformity assessment body shall observe professional secrecy with regard to all information obtained in carrying out the conformity assessment
  tasks
  in accordance with Annex VIII, except in relation to the competent authorities of the Member State in which its activities are carried out. Proprietary rights shall be protected.

Amendment 223

Amendment 223

Proposal for a regulation

Proposal for a regulation

Article 25 — paragraph 11

Article 25 — paragraph 11

| Text proposed by the Commission | Amendment |
| --- | --- |
| 11.   A conformity assessment body shall participate in, or ensure that its personnel responsible for carrying out the conformity assessment
  activities
  are informed of, the relevant standardisation activities and the activities of the notified body coordination group established pursuant to Article 37 and shall apply as general guidance the administrative decisions and documents produced as a result of the work of that group. | 11.   A conformity assessment body shall participate in, or ensure that its personnel responsible for carrying out the conformity assessment
  tasks
  are informed of, the relevant standardisation activities and the activities of the notified body coordination group established pursuant to Article 37 and shall apply as general guidance the administrative decisions and documents produced as a result of the work of that group. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

11.   A conformity assessment body shall participate in, or ensure that its personnel responsible for carrying out the conformity assessment
  activities
  are informed of, the relevant standardisation activities and the activities of the notified body coordination group established pursuant to Article 37 and shall apply as general guidance the administrative decisions and documents produced as a result of the work of that group.

11.   A conformity assessment body shall participate in, or ensure that its personnel responsible for carrying out the conformity assessment
  tasks
  are informed of, the relevant standardisation activities and the activities of the notified body coordination group established pursuant to Article 37 and shall apply as general guidance the administrative decisions and documents produced as a result of the work of that group.

Amendment 224

Amendment 224

Proposal for a regulation

Proposal for a regulation

Article 28 — paragraph 2

Article 28 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The application for notification shall be accompanied by a description of the conformity assessment activities, of the conformity assessment modules set out in Annex VIII and of the battery model for which the conformity assessment body claims to be competent, as well as by an accreditation certificate, issued by a national accreditation body attesting that the conformity assessment body fulfils the requirements laid down in Article 25. | 2.   The application for notification shall be accompanied by a description of the conformity assessment activities, of the conformity assessment
  module or
  modules set out in Annex VIII and of the battery model for which the conformity assessment body claims to be competent, as well as by an accreditation certificate, issued by a national accreditation body attesting that the conformity assessment body fulfils the requirements laid down in Article 25. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The application for notification shall be accompanied by a description of the conformity assessment activities, of the conformity assessment modules set out in Annex VIII and of the battery model for which the conformity assessment body claims to be competent, as well as by an accreditation certificate, issued by a national accreditation body attesting that the conformity assessment body fulfils the requirements laid down in Article 25.

2.   The application for notification shall be accompanied by a description of the conformity assessment activities, of the conformity assessment
  module or
  modules set out in Annex VIII and of the battery model for which the conformity assessment body claims to be competent, as well as by an accreditation certificate, issued by a national accreditation body attesting that the conformity assessment body fulfils the requirements laid down in Article 25.

Amendment 225

Amendment 225

Proposal for a regulation

Proposal for a regulation

Article 32 — paragraph 1

Article 32 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The Commission shall investigate all cases where it doubts, or doubt is brought to its attention regarding, the competence of a notified body or the continued fulfilment by a notified body of the requirements and responsibilities to which it is subject. | 1.   The Commission shall investigate all cases where it doubts, or doubt is brought to its attention
  , in particular by economic operators and other relevant stakeholders,
  regarding the competence of a notified body or the continued fulfilment by a notified body of the requirements and responsibilities to which it is subject. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   The Commission shall investigate all cases where it doubts, or doubt is brought to its attention regarding, the competence of a notified body or the continued fulfilment by a notified body of the requirements and responsibilities to which it is subject.

1.   The Commission shall investigate all cases where it doubts, or doubt is brought to its attention
  , in particular by economic operators and other relevant stakeholders,
  regarding the competence of a notified body or the continued fulfilment by a notified body of the requirements and responsibilities to which it is subject.

Amendment 226

Amendment 226

Proposal for a regulation

Proposal for a regulation

Article 32 — paragraph 3

Article 32 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The Commission shall ensure that all sensitive information obtained in the course of its investigations is treated confidentially. | 3.   The Commission
  may seek the advice of the Union testing facility referred to in Article 68a and
  shall ensure that all sensitive information obtained in the course of its investigations is treated confidentially. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   The Commission shall ensure that all sensitive information obtained in the course of its investigations is treated confidentially.

3.   The Commission
  may seek the advice of the Union testing facility referred to in Article 68a and
  shall ensure that all sensitive information obtained in the course of its investigations is treated confidentially.

Amendment 227

Amendment 227

Proposal for a regulation

Proposal for a regulation

Article 33 — paragraph 2 — subparagraph 1

Article 33 — paragraph 2 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| A notified body shall
  perform its activities
  in a proportionate manner, avoiding unnecessary burdens for economic operators, and taking due account of the size of an undertaking, the sector in which the undertaking operates, the structure of the undertaking, the degree of complexity of the battery to be assessed and the mass or serial nature of the production process. | A notified body shall
  carry out conformity assessments
  in a proportionate manner, avoiding unnecessary burdens for economic operators
  , in particular small and medium-sized enterprises
  , and taking due account of the size of an undertaking, the sector in which the undertaking operates, the structure of the undertaking, the degree of complexity of the battery to be assessed and the mass or serial nature of the production process. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

A notified body shall
  perform its activities
  in a proportionate manner, avoiding unnecessary burdens for economic operators, and taking due account of the size of an undertaking, the sector in which the undertaking operates, the structure of the undertaking, the degree of complexity of the battery to be assessed and the mass or serial nature of the production process.

perform its activities

A notified body shall
  carry out conformity assessments
  in a proportionate manner, avoiding unnecessary burdens for economic operators
  , in particular small and medium-sized enterprises
  , and taking due account of the size of an undertaking, the sector in which the undertaking operates, the structure of the undertaking, the degree of complexity of the battery to be assessed and the mass or serial nature of the production process.

carry out conformity assessments

, in particular small and medium-sized enterprises

Amendment 228

Amendment 228

Proposal for a regulation

Proposal for a regulation

Article 33 — paragraph 3

Article 33 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Where a notified body finds that the requirements set out in
  Chapters
  II
  and
  III, harmonised standards referred to in Article 15, common specifications referred to in Article 16 or other technical specifications have not been met by a manufacturer, it shall require
  that
  manufacturer to take appropriate corrective action in view of a second and final certification decision, unless the deficiencies cannot be remedied, in which case the certificate cannot be issued. | 3.   Where a notified body finds that the requirements set out in
  Chapter
  II
  or
  III
  or Article 39
  ,
  the
  harmonised standards referred to in Article 15, common specifications referred to in Article 16 or other technical specifications have not been met by a manufacturer, it shall require
  the
  manufacturer to take appropriate corrective action in view of a second and final certification decision, unless the deficiencies cannot be remedied, in which case the certificate cannot be issued. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   Where a notified body finds that the requirements set out in
  Chapters
  II
  and
  III, harmonised standards referred to in Article 15, common specifications referred to in Article 16 or other technical specifications have not been met by a manufacturer, it shall require
  that
  manufacturer to take appropriate corrective action in view of a second and final certification decision, unless the deficiencies cannot be remedied, in which case the certificate cannot be issued.

3.   Where a notified body finds that the requirements set out in
  Chapter
  II
  or
  III
  or Article 39
  ,
  the
  harmonised standards referred to in Article 15, common specifications referred to in Article 16 or other technical specifications have not been met by a manufacturer, it shall require
  the
  manufacturer to take appropriate corrective action in view of a second and final certification decision, unless the deficiencies cannot be remedied, in which case the certificate cannot be issued.

Amendment 229

Amendment 229

Proposal for a regulation

Proposal for a regulation

Article 35 — paragraph 2

Article 35 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   A notified body shall provide other notified
  bodies
  carrying out similar conformity assessment activities covering the same batteries with relevant information on issues relating to negative and, on request, positive conformity assessment results. | 2.   A notified body shall provide other
  bodies
  notified
  under this Regulation
  carrying out similar conformity assessment activities covering the same batteries with relevant information on issues relating to negative and, on request, positive conformity assessment results. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   A notified body shall provide other notified
  bodies
  carrying out similar conformity assessment activities covering the same batteries with relevant information on issues relating to negative and, on request, positive conformity assessment results.

2.   A notified body shall provide other
  bodies
  notified
  under this Regulation
  carrying out similar conformity assessment activities covering the same batteries with relevant information on issues relating to negative and, on request, positive conformity assessment results.

Amendment 230

Amendment 230

Proposal for a regulation

Proposal for a regulation

Article 36 — title

Article 36 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Exchange of experience | Exchange of experience
  and good practice |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Exchange of experience

Exchange of experience
  and good practice

and good practice

Amendment 231

Amendment 231

Proposal for a regulation

Proposal for a regulation

Article 36 — paragraph 1

Article 36 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Commission shall provide for the organisation of exchange of experience between the Member States’ national authorities responsible for notification policy. | The Commission shall provide for the organisation of exchange of experience
  and good practice
  between the Member States’ national authorities responsible for notification policy. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Commission shall provide for the organisation of exchange of experience between the Member States’ national authorities responsible for notification policy.

The Commission shall provide for the organisation of exchange of experience
  and good practice
  between the Member States’ national authorities responsible for notification policy.

and good practice

Amendment 232

Amendment 232

Proposal for a regulation

Proposal for a regulation

Article 37 — paragraph 1

Article 37 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Commission shall ensure that appropriate coordination and cooperation between notified
  bodies
  are put in place and properly operated in the form of a sectoral group or groups of notified bodies. | The Commission shall ensure that appropriate coordination and cooperation between
  bodies
  notified
  under this Regulation
  are put in place and properly operated in the form of a sectoral group or groups of notified bodies. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Commission shall ensure that appropriate coordination and cooperation between notified
  bodies
  are put in place and properly operated in the form of a sectoral group or groups of notified bodies.

bodies

The Commission shall ensure that appropriate coordination and cooperation between
  bodies
  notified
  under this Regulation
  are put in place and properly operated in the form of a sectoral group or groups of notified bodies.

bodies

under this Regulation

Amendment 233

Amendment 233

Proposal for a regulation

Proposal for a regulation

Article 38 — paragraph 1 — introductory part

Article 38 — paragraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   
  When placing a battery on the
  market or
  putting it
  into service, including for the manufacturers’ own purposes, manufacturers shall ensure that the battery: | 1.   
  For all batteries placed on the Union
  market or
  put
  into service
  in the Union
  , including for the manufacturers’ own purposes, manufacturers shall ensure that the battery: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   
  When placing a battery on the
  market or
  putting it
  into service, including for the manufacturers’ own purposes, manufacturers shall ensure that the battery:

1.   
  For all batteries placed on the Union
  market or
  put
  into service
  in the Union
  , including for the manufacturers’ own purposes, manufacturers shall ensure that the battery:

Amendment 234

Amendment 234

Proposal for a regulation

Proposal for a regulation

Article 38 — paragraph 4 — subparagraph 2

Article 38 — paragraph 4 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| However, where several batteries are delivered simultaneously to a single user, the
  batch or
  consignment concerned may be accompanied by a single copy of the EU declaration of conformity. | However, where several batteries are delivered simultaneously to a single user, the consignment concerned may be accompanied by a single copy of the EU declaration of conformity. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

However, where several batteries are delivered simultaneously to a single user, the
  batch or
  consignment concerned may be accompanied by a single copy of the EU declaration of conformity.

batch or

However, where several batteries are delivered simultaneously to a single user, the consignment concerned may be accompanied by a single copy of the EU declaration of conformity.

Amendment 235

Amendment 235

Proposal for a regulation

Proposal for a regulation

Article 38 — paragraph 8

Article 38 — paragraph 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| 8.   Manufacturers shall indicate their name, registered trade name or registered trade mark and the postal
  address
  and web address at which they can be contacted on the packaging of the battery. The postal address shall indicate a single point at which the manufacturer can be contacted. Such information shall be in a language easily understood by end-users and market surveillance authorities and shall be clear, understandable and legible. | 8.   Manufacturers shall indicate their name, registered trade name or registered trade mark and the
  telephone number,
  postal,
  email
  and web address at which they can be contacted on the packaging of the battery. The postal address shall indicate a single point at which the manufacturer can be contacted. Such information shall be in a language easily understood by end-users and market surveillance authorities and shall be clear, understandable and legible. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

8.   Manufacturers shall indicate their name, registered trade name or registered trade mark and the postal
  address
  and web address at which they can be contacted on the packaging of the battery. The postal address shall indicate a single point at which the manufacturer can be contacted. Such information shall be in a language easily understood by end-users and market surveillance authorities and shall be clear, understandable and legible.

8.   Manufacturers shall indicate their name, registered trade name or registered trade mark and the
  telephone number,
  postal,
  email
  and web address at which they can be contacted on the packaging of the battery. The postal address shall indicate a single point at which the manufacturer can be contacted. Such information shall be in a language easily understood by end-users and market surveillance authorities and shall be clear, understandable and legible.

Amendment 236

Amendment 236

Proposal for a regulation

Proposal for a regulation

Article 38 — paragraph 11

Article 38 — paragraph 11

| Text proposed by the Commission | Amendment |
| --- | --- |
| 11.   Manufacturers who consider or have reason to believe that a battery which they have placed on the market or put into service is not in conformity with the requirements set out in Chapters II and III shall immediately take the corrective action necessary to bring that battery into conformity, to withdraw it or recall it, as appropriate. Furthermore, where the battery presents a risk, manufacturers 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. | 11.   Manufacturers who consider or have reason to believe that a battery which they have placed on the market or put into service is not in conformity with the requirements set out in Chapters II and III shall immediately take the corrective action necessary to bring that battery into conformity, to withdraw it or recall it, as appropriate. Furthermore,
  where they consider or have reason to believe that a
  battery presents a risk, manufacturers 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 noncompliance and of any corrective action taken. |
| | (Horizontal amendment: the change ‘where they consider or have reason to believe that a battery presents a risk’ applies throughout the text. Adopting it will necessitate corresponding changes throughout the text.) |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

11.   Manufacturers who consider or have reason to believe that a battery which they have placed on the market or put into service is not in conformity with the requirements set out in Chapters II and III shall immediately take the corrective action necessary to bring that battery into conformity, to withdraw it or recall it, as appropriate. Furthermore, where the battery presents a risk, manufacturers 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.

11.   Manufacturers who consider or have reason to believe that a battery which they have placed on the market or put into service is not in conformity with the requirements set out in Chapters II and III shall immediately take the corrective action necessary to bring that battery into conformity, to withdraw it or recall it, as appropriate. Furthermore,
  where they consider or have reason to believe that a
  battery presents a risk, manufacturers 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 noncompliance and of any corrective action taken.

(Horizontal amendment: the change ‘where they consider or have reason to believe that a battery presents a risk’ applies throughout the text. Adopting it will necessitate corresponding changes throughout the text.)

(Horizontal amendment: the change ‘where they consider or have reason to believe that a battery presents a risk’ applies throughout the text. Adopting it will necessitate corresponding changes throughout the text.)

Amendment 237

Amendment 237

Proposal for a regulation

Proposal for a regulation

Article 39 — title

Article 39 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Obligation for economic operators that place
  rechargeable industrial
  batteries
  and electric-vehicle batteries with internal storage and a capacity above 2 kWh
  on the market to
  establish supply chain due
  diligence
  policies | Obligation for economic operators that place batteries on the market to
  conduct value chain due
  diligence |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Obligation for economic operators that place
  rechargeable industrial
  batteries
  and electric-vehicle batteries with internal storage and a capacity above 2 kWh
  on the market to
  establish supply chain due
  diligence
  policies

rechargeable industrial

and electric-vehicle batteries with internal storage and a capacity above 2 kWh

establish supply chain due

policies

Obligation for economic operators that place batteries on the market to
  conduct value chain due
  diligence

conduct value chain due

Amendment 238

Amendment 238

Proposal for a regulation

Proposal for a regulation

Article 39 — paragraph 1

Article 39 — paragraph 1

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

1.   As of [12 months after the entry into force of the Regulation] the economic operator that places batteries on the market shall comply with the
  value
  chain due diligence obligations set out in paragraphs 2 to 5 of this Article and shall keep documentation demonstrating its respective compliance with those obligations, including the results of the third-party verification carried out by notified bodies.

Amendment 239

Amendment 239

Proposal for a regulation

Proposal for a regulation

Article 39 — paragraph 2 — point a

Article 39 — paragraph 2 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | adopt, and clearly communicate to suppliers and the public, a company policy for the
  supply
  chain of raw materials indicated in Annex X, point 1; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

adopt, and clearly communicate to suppliers and the public, a company policy for the
  supply
  chain of raw materials indicated in Annex X, point 1;

supply

| (a) | adopt, and clearly communicate to suppliers and the public, a company
  due diligence
  policy for the
  value
  chain of
  batteries, including concerning
  raw materials indicated in Annex X, point 1
  and for associated social and environmental risk categories indicated in Annex X, point 2; |
| --- | --- |

(a)

adopt, and clearly communicate to suppliers and the public, a company
  due diligence
  policy for the
  value
  chain of
  batteries, including concerning
  raw materials indicated in Annex X, point 1
  and for associated social and environmental risk categories indicated in Annex X, point 2;

due diligence

value

batteries, including concerning

and for associated social and environmental risk categories indicated in Annex X, point 2;

Amendment 240

Amendment 240

Proposal for a regulation

Proposal for a regulation

Article 39 — paragraph 2 — point b

Article 39 — paragraph 2 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | incorporate in its
  supply
  chain policy standards consistent with the standards set out in
  the model supply chain policy in Annex II to the OECD
  Due Diligence
  Guidance
  ; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

incorporate in its
  supply
  chain policy standards consistent with the standards set out in
  the model supply chain policy in Annex II to the OECD
  Due Diligence
  Guidance
  ;

supply

the model supply chain policy in Annex II to the OECD

Guidance

| (b) | incorporate in its
  value
  chain policy standards consistent with the standards set out in
  internationally recognised
  due diligence
  standards listed in Annex X, point 3a
  ; |
| --- | --- |

(b)

incorporate in its
  value
  chain policy standards consistent with the standards set out in
  internationally recognised
  due diligence
  standards listed in Annex X, point 3a
  ;

value

internationally recognised

standards listed in Annex X, point 3a

Amendment 241

Amendment 241

Proposal for a regulation

Proposal for a regulation

Article 39 — paragraph 2 — point c

Article 39 — paragraph 2 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | structure its respective internal management systems to support
  supply
  chain due diligence by assigning responsibility to senior management to oversee the
  supply
  chain due diligence process as well as maintain records of those systems for a minimum of five years; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

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

supply

supply

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

(c)

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

value

value

Amendment 242

Amendment 242

Proposal for a regulation

Proposal for a regulation

Article 39 — paragraph 2 — point d — subparagraph 1

Article 39 — paragraph 2 — point d — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | establish and operate a system of controls and transparency over the
  supply
  chain, including a chain of custody or traceability system
  or the identification of
  upstream actors in the
  supply
  chain. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

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

supply

or the identification of

supply

| (d) | establish and operate a system of controls and transparency over the
  value
  chain, including a chain of custody or traceability system
  , identifying
  upstream actors in the
  value
  chain. |
| --- | --- |

(d)

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

value

, identifying

value

Amendment 243

Amendment 243

Proposal for a regulation

Proposal for a regulation

Article 39 — paragraph 2 — point d — subparagraph 2 — introductory part

Article 39 — paragraph 2 — point d — subparagraph 2 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| Such a system shall be supported by documentation that provides the following information: | Such a system shall be supported by documentation that provides
  at least
  the following information: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Such a system shall be supported by documentation that provides the following information:

Such a system shall be supported by documentation that provides
  at least
  the following information:

at least

Amendment 244

Amendment 244

Proposal for a regulation

Proposal for a regulation

Article 39 — paragraph 2 — point d — subparagraph 2 — point iii a (new)

Article 39 — paragraph 2 — point d — subparagraph 2 — point iii a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (iii a) | where the raw material originates from a high-risk area, additional information in accordance with the specific recommendations for upstream economic operators, as set out in the OECD Due Diligence Guidance, where relevant, such as the mine of origin, locations where raw materials are consolidated, traded and processed, and taxes, fees and royalties paid; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(iii a)

(iii a)

where the raw material originates from a high-risk area, additional information in accordance with the specific recommendations for upstream economic operators, as set out in the OECD Due Diligence Guidance, where relevant, such as the mine of origin, locations where raw materials are consolidated, traded and processed, and taxes, fees and royalties paid;

where the raw material originates from a high-risk area, additional information in accordance with the specific recommendations for upstream economic operators, as set out in the OECD Due Diligence Guidance, where relevant, such as the mine of origin, locations where raw materials are consolidated, traded and processed, and taxes, fees and royalties paid;

Amendment 245

Amendment 245

Proposal for a regulation

Proposal for a regulation

Article 39 — paragraph 2 — point d — subparagraph 3

Article 39 — paragraph 2 — point d — subparagraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| The requirements set out in the current point (d) may be implemented through participation in industry-led schemes. | Without prejudice to the individual responsibility of economic operators for their due diligence processes,
  the requirements set out in the current point (d) may be implemented
  in collaboration with other actors, including
  through participation in industry-led schemes
  , recognised under this Regulation
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

Without prejudice to the individual responsibility of economic operators for their due diligence processes,
  the requirements set out in the current point (d) may be implemented
  in collaboration with other actors, including
  through participation in industry-led schemes
  , recognised under this Regulation
  .

Without prejudice to the individual responsibility of economic operators for their due diligence processes,

in collaboration with other actors, including

, recognised under this Regulation

Amendment 246

Amendment 246

Proposal for a regulation

Proposal for a regulation

Article 39 — paragraph 2 — point e

Article 39 — paragraph 2 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | incorporate its
  supply
  chain policy into contracts and agreements with suppliers, including their risk management measures; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(e)

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

supply

| (e) | incorporate its
  value
  chain policy into contracts and agreements with suppliers, including their risk management measures; |
| --- | --- |

(e)

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

value

Amendment 247

Amendment 247

Proposal for a regulation

Proposal for a regulation

Article 39 — paragraph 2 — point f

Article 39 — paragraph 2 — point f

| Text proposed by the Commission | Amendment |
| --- | --- |
| (f) | establish a grievance mechanism as an early-warning risk-awareness system or provide such
  mechanism
  through collaborative arrangements with other economic operators or organisations, or by facilitating recourse to an external expert or body, such as an ombudsman. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(f)

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

mechanism

| (f) | establish a grievance mechanism as an early-warning risk-awareness system
  , and as a remediation mechanism in line with the UN Guiding Principles on Business and Human Rights
  or provide such
  mechanisms
  through collaborative arrangements with other economic operators or organisations, or by facilitating recourse to an external expert or body, such as an ombudsman.
  Such mechanisms shall take into account the criteria of grievance mechanisms outlined in the UN Guiding Principles on Business and Human Rights. |
| --- | --- |

(f)

establish a grievance mechanism as an early-warning risk-awareness system
  , and as a remediation mechanism in line with the UN Guiding Principles on Business and Human Rights
  or provide such
  mechanisms
  through collaborative arrangements with other economic operators or organisations, or by facilitating recourse to an external expert or body, such as an ombudsman.
  Such mechanisms shall take into account the criteria of grievance mechanisms outlined in the UN Guiding Principles on Business and Human Rights.

, and as a remediation mechanism in line with the UN Guiding Principles on Business and Human Rights

mechanisms

Such mechanisms shall take into account the criteria of grievance mechanisms outlined in the UN Guiding Principles on Business and Human Rights.

Amendment 248

Amendment 248

Proposal for a regulation

Proposal for a regulation

Article 39 — paragraph 3 — subparagraph 1 — point a

Article 39 — paragraph 3 — subparagraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | identify and assess the adverse impacts associated to the risk categories listed in Annex X, point 2, in its
  supply
  chain on the basis of the information provided pursuant to paragraph 2 against the standards of their
  supply
  chain policy; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

identify and assess the adverse impacts associated to the risk categories listed in Annex X, point 2, in its
  supply
  chain on the basis of the information provided pursuant to paragraph 2 against the standards of their
  supply
  chain policy;

supply

supply

| (a) | identify and assess the
  risk of
  adverse impacts associated to the risk categories
  including those
  listed in Annex X, point 2, in its
  value
  chain on the basis of the information provided pursuant to paragraph 2
  , and any other relevant information that is either publicly available or provided by stakeholders,
  against the standards of their
  value
  chain policy |
| --- | --- |

(a)

identify and assess the
  risk of
  adverse impacts associated to the risk categories
  including those
  listed in Annex X, point 2, in its
  value
  chain on the basis of the information provided pursuant to paragraph 2
  , and any other relevant information that is either publicly available or provided by stakeholders,
  against the standards of their
  value
  chain policy

risk of

including those

value

, and any other relevant information that is either publicly available or provided by stakeholders,

value

Amendment 249

Amendment 249

Proposal for a regulation

Proposal for a regulation

Article 39 — paragraph 3 — subparagraph 1 — point b — introductory part

Article 39 — paragraph 3 — subparagraph 1 — point b — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | implement a strategy to respond to the identified risks designed so as to prevent
  or
  mitigate adverse impacts by: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

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

or

| (b) | implement a strategy to respond to the identified risks designed so as to prevent, mitigate
  and address
  adverse impacts by: |
| --- | --- |

(b)

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

and address

Amendment 250

Amendment 250

Proposal for a regulation

Proposal for a regulation

Article 39 — paragraph 3 — subparagraph 1 — point b — point i

Article 39 — paragraph 3 — subparagraph 1 — point b — point i

| Text proposed by the Commission | Amendment |
| --- | --- |
| (i) | reporting
  findings of the
  supply
  chain risk assessment to senior management designated for that purpose; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(i)

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

reporting

supply

| (i) | report
  findings of the
  value
  chain risk assessment to senior management designated for that purpose; |
| --- | --- |

(i)

report
  findings of the
  value
  chain risk assessment to senior management designated for that purpose;

report

value

Amendment 251

Amendment 251

Proposal for a regulation

Proposal for a regulation

Article 39 — paragraph 3 — subparagraph 1 — point b — point ii

Article 39 — paragraph 3 — subparagraph 1 — point b — point ii

| Text proposed by the Commission | Amendment |
| --- | --- |
| (ii) | adopting
  risk management measures consistent with
  Annex II to the OECD
  Due Diligence
  Guidance
  , considering their ability to influence, and where necessary take steps to exert pressure on
  suppliers
  who can most effectively prevent or mitigate the identified risk; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ii)

adopting
  risk management measures consistent with
  Annex II to the OECD
  Due Diligence
  Guidance
  , considering their ability to influence, and where necessary take steps to exert pressure on
  suppliers
  who can most effectively prevent or mitigate the identified risk;

adopting

Annex II to the OECD

Guidance

suppliers

| (ii) | adopt
  risk management measures consistent with
  the internationally recognised
  due diligence
  standards listed in Annex X, point 3a
  , considering their ability to influence, and where necessary take steps to exert pressure on
  business relationships
  who can most effectively prevent or mitigate the identified risk; |
| --- | --- |

(ii)

adopt
  risk management measures consistent with
  the internationally recognised
  due diligence
  standards listed in Annex X, point 3a
  , considering their ability to influence, and where necessary take steps to exert pressure on
  business relationships
  who can most effectively prevent or mitigate the identified risk;

adopt

the internationally recognised

standards listed in Annex X, point 3a

business relationships

Amendment 252

Amendment 252

Proposal for a regulation

Proposal for a regulation

Article 39 — paragraph 3 — subparagraph 1 — point b — point iii

Article 39 — paragraph 3 — subparagraph 1 — point b — point iii

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(iii)

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

implementing

supplier

2 above

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

(iii)

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

implement

business relationship

2

Amendment 253

Amendment 253

Proposal for a regulation

Proposal for a regulation

Article 39 — paragraph 3 — subparagraph 2

Article 39 — paragraph 3 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| If the economic operator referred to in paragraph 1 pursues risk mitigation efforts while continuing trade or temporarily suspending trade, it shall consult with
  suppliers
  and with the stakeholders concerned, including local and central government authorities, international or civil society organisations and affected
  third parties
  , and agree on a strategy for measurable risk mitigation in the risk management plan. | If the economic operator referred to in paragraph 1 pursues risk mitigation efforts while continuing trade or temporarily suspending trade, it shall consult with
  business relationships
  and with the stakeholders concerned, including local and central government authorities, international or civil society organisations and affected
  communities
  , and agree on a strategy for measurable risk mitigation in the risk management plan. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

suppliers

third parties

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

business relationships

communities

Amendment 254

Amendment 254

Proposal for a regulation

Proposal for a regulation

Article 39 — paragraph 3 — subparagraph 3

Article 39 — paragraph 3 — subparagraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| The economic operator referred to in paragraph 1 shall identify and assess the probability of adverse impacts in the risk categories listed in Annex X, point 2, in its
  supply
  chain
  based on
  available reports by third-party verification done by a notified body concerning the
  suppliers
  in that chain, and, by assessing, as appropriate, its due diligence practices. Those verification reports shall be in accordance with the first subparagraph in paragraph 4.
  In the absence of such third-party verification reports concerning suppliers, the economic operator referred to in paragraph 1 shall identify and assess the risks in its supply chain as part of its own risk management systems. In such cases, economic operators referred to in paragraph 1 shall carry out third party verifications of its own supply chains due diligence via a notified body in accordance with the first subparagraph in paragraph 4. | The economic operator referred to in paragraph 1 shall identify and assess the probability of adverse impacts in the risk categories listed in Annex X, point 2, in its
  value chain. The economic operator referred to in paragraph 1 shall identify and assess the risks in its value
  chain
  as part of its own risk management systems. In such cases, economic operators referred to in paragraph 1 shall carry out third party verifications of their own due diligence chains via a notified body in accordance with the first subparagraph of paragraph 4. The economic operator may also make use of
  available reports by third-party verification done by a notified body concerning the
  business relationships
  in that chain, and, by assessing, as appropriate, its due diligence practices. Those verification reports shall be in accordance with the first subparagraph in paragraph 4. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

supply

based on

suppliers

In the absence of such third-party verification reports concerning suppliers, the economic operator referred to in paragraph 1 shall identify and assess the risks in its supply chain as part of its own risk management systems. In such cases, economic operators referred to in paragraph 1 shall carry out third party verifications of its own supply chains due diligence via a notified body in accordance with the first subparagraph in paragraph 4.

The economic operator referred to in paragraph 1 shall identify and assess the probability of adverse impacts in the risk categories listed in Annex X, point 2, in its
  value chain. The economic operator referred to in paragraph 1 shall identify and assess the risks in its value
  chain
  as part of its own risk management systems. In such cases, economic operators referred to in paragraph 1 shall carry out third party verifications of their own due diligence chains via a notified body in accordance with the first subparagraph of paragraph 4. The economic operator may also make use of
  available reports by third-party verification done by a notified body concerning the
  business relationships
  in that chain, and, by assessing, as appropriate, its due diligence practices. Those verification reports shall be in accordance with the first subparagraph in paragraph 4.

value chain. The economic operator referred to in paragraph 1 shall identify and assess the risks in its value

as part of its own risk management systems. In such cases, economic operators referred to in paragraph 1 shall carry out third party verifications of their own due diligence chains via a notified body in accordance with the first subparagraph of paragraph 4. The economic operator may also make use of

business relationships

Amendment 255

Amendment 255

Proposal for a regulation

Proposal for a regulation

Article 39 — paragraph 3 a (new)

Article 39 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3a.
     
  Member States shall ensure that they have a liability regime in place under which economic operators can, in accordance with national law, be held liable and provide remediation for any harm arising out of potential or actual adverse impacts on human rights, the environment or good governance that they, or undertakings under their control, have caused or contributed to by acts or omissions. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3a.
     
  Member States shall ensure that they have a liability regime in place under which economic operators can, in accordance with national law, be held liable and provide remediation for any harm arising out of potential or actual adverse impacts on human rights, the environment or good governance that they, or undertakings under their control, have caused or contributed to by acts or omissions.

Amendment 256

Amendment 256

Proposal for a regulation

Proposal for a regulation

Article 39 — paragraph 4 — subparagraph 1

Article 39 — paragraph 4 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   The economic operator referred to in paragraph 1 shall have their
  supply
  chain due diligence
  policies
  verified by a notified body (‘third-party verification’). | 4.   The economic operator referred to in paragraph 1 shall have their
  value
  chain due diligence
  policy and practices
  verified by a notified body (‘third-party verification’). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   The economic operator referred to in paragraph 1 shall have their
  supply
  chain due diligence
  policies
  verified by a notified body (‘third-party verification’).

4.   The economic operator referred to in paragraph 1 shall have their
  value
  chain due diligence
  policy and practices
  verified by a notified body (‘third-party verification’).

Amendment 257

Amendment 257

Proposal for a regulation

Proposal for a regulation

Article 39 — paragraph 4 — subparagraph 2 — point a

Article 39 — paragraph 4 — subparagraph 2 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | include in its scope all activities, processes and systems used by economic operators to implement their
  supply
  chain due diligence requirements in accordance with paragraphs 2, 3 and 5; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

include in its scope all activities, processes and systems used by economic operators to implement their
  supply
  chain due diligence requirements in accordance with paragraphs 2, 3 and 5;

supply

| (a) | include in its scope all activities, processes and systems used by economic operators to implement their
  value
  chain due diligence requirements in accordance with paragraphs 2, 3 and 5. |
| --- | --- |

(a)

include in its scope all activities, processes and systems used by economic operators to implement their
  value
  chain due diligence requirements in accordance with paragraphs 2, 3 and 5.

value

Amendment 258

Amendment 258

Proposal for a regulation

Proposal for a regulation

Article 39 — paragraph 4 — subparagraph 2 — point b

Article 39 — paragraph 4 — subparagraph 2 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | have as its objective the determination of conformity of the
  supply
  chain due diligence practices of economic operators placing batteries on the market with paragraphs 2, 3 and 5; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

have as its objective the determination of conformity of the
  supply
  chain due diligence practices of economic operators placing batteries on the market with paragraphs 2, 3 and 5;

supply

| (b) | have as its objective the determination of conformity of the
  value
  chain due diligence practices of economic operators placing batteries on the market with paragraphs 2, 3 and 5
  , as well as, where relevant, carry out checks on undertakings and gather information from stakeholders
  ; |
| --- | --- |

(b)

have as its objective the determination of conformity of the
  value
  chain due diligence practices of economic operators placing batteries on the market with paragraphs 2, 3 and 5
  , as well as, where relevant, carry out checks on undertakings and gather information from stakeholders
  ;

value

, as well as, where relevant, carry out checks on undertakings and gather information from stakeholders

Amendment 259

Amendment 259

Proposal for a regulation

Proposal for a regulation

Article 39 — paragraph 4 — subparagraph 2 — point c

Article 39 — paragraph 4 — subparagraph 2 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | make recommendations to the economic operators that place batteries on the market on how to improve their
  supply
  chain due diligence practices; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

make recommendations to the economic operators that place batteries on the market on how to improve their
  supply
  chain due diligence practices;

supply

| (c) | make recommendations to the economic operators that place batteries on the market on how to improve their
  value
  chain due diligence practices; |
| --- | --- |

(c)

make recommendations to the economic operators that place batteries on the market on how to improve their
  value
  chain due diligence practices;

value

Amendment 260

Amendment 260

Proposal for a regulation

Proposal for a regulation

Article 39 — paragraph 5

Article 39 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   The economic operator referred to in paragraph 1 shall make available upon request to Member States’ market surveillance authorities the reports of any third-party verification carried out in accordance with paragraph 4 or evidence of compliance with a 
  supply
  chain due diligence scheme recognised by the Commission in accordance with Article 72. | 5.   The economic operator referred to in paragraph 1 shall make available upon request to Member States’ market surveillance authorities the reports of any third-party verification carried out in accordance with paragraph 4 or evidence of compliance with a 
  value
  chain due diligence scheme recognised by the Commission in accordance with Article 72. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.   The economic operator referred to in paragraph 1 shall make available upon request to Member States’ market surveillance authorities the reports of any third-party verification carried out in accordance with paragraph 4 or evidence of compliance with a 
  supply
  chain due diligence scheme recognised by the Commission in accordance with Article 72.

5.   The economic operator referred to in paragraph 1 shall make available upon request to Member States’ market surveillance authorities the reports of any third-party verification carried out in accordance with paragraph 4 or evidence of compliance with a 
  value
  chain due diligence scheme recognised by the Commission in accordance with Article 72.

Amendment 261

Amendment 261

Proposal for a regulation

Proposal for a regulation

Article 39 — paragraph 6 — subparagraph 1

Article 39 — paragraph 6 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 6.   The economic operator referred to in paragraph 1 shall make available to its immediate downstream purchasers all information gained and maintained pursuant to its
  supply
  chain due diligence policies with due regard for business confidentiality and other competitive concerns. | 6.   The economic operator referred to in paragraph 1 shall make available to its immediate downstream purchasers all information gained and maintained pursuant to its
  value
  chain due diligence policies with due regard for business confidentiality and other competitive concerns |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

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

Amendment 262

Amendment 262

Proposal for a regulation

Proposal for a regulation

Article 39 — paragraph 6 — subparagraph 2

Article 39 — paragraph 6 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The economic operator referred to in paragraph 1 shall on an annual basis, publicly report as widely as possible, including on the internet, on its
  supply
  chain due diligence policies. That report shall contain the steps taken by that economic operator to comply with the requirements set out in paragraphs 2 and 3, including findings of significant adverse impacts in the risk categories listed in Annex X, point 2, and how they have been addressed, as well as a summary report of the third-party verifications carried out in accordance with point 4, including the name of the notified body, with due regard for business confidentiality and other competitive concerns. | The economic operator referred to in paragraph 1 shall on an annual basis, publicly report as widely as possible, including on the internet, on its
  value
  chain due diligence policies
  regarding, in particular, the raw materials contained in each battery model placed on the market
  . That report shall contain
  , in a manner that is easily comprehensible for end-users and clearly identifies the batteries concerned,
  the steps taken by that economic operator to comply with the requirements set out in paragraphs 2 and 3, including findings of significant adverse impacts in the risk categories listed in Annex X, point 2, and how they have been addressed, as well as a summary report of the third-party verifications carried out in accordance with point 4, including the name of the notified body, with due regard for business confidentiality and other competitive concerns.. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The economic operator referred to in paragraph 1 shall on an annual basis, publicly report as widely as possible, including on the internet, on its
  supply
  chain due diligence policies. That report shall contain the steps taken by that economic operator to comply with the requirements set out in paragraphs 2 and 3, including findings of significant adverse impacts in the risk categories listed in Annex X, point 2, and how they have been addressed, as well as a summary report of the third-party verifications carried out in accordance with point 4, including the name of the notified body, with due regard for business confidentiality and other competitive concerns.

supply

The economic operator referred to in paragraph 1 shall on an annual basis, publicly report as widely as possible, including on the internet, on its
  value
  chain due diligence policies
  regarding, in particular, the raw materials contained in each battery model placed on the market
  . That report shall contain
  , in a manner that is easily comprehensible for end-users and clearly identifies the batteries concerned,
  the steps taken by that economic operator to comply with the requirements set out in paragraphs 2 and 3, including findings of significant adverse impacts in the risk categories listed in Annex X, point 2, and how they have been addressed, as well as a summary report of the third-party verifications carried out in accordance with point 4, including the name of the notified body, with due regard for business confidentiality and other competitive concerns..

value

regarding, in particular, the raw materials contained in each battery model placed on the market

, in a manner that is easily comprehensible for end-users and clearly identifies the batteries concerned,

Amendment 263

Amendment 263

Proposal for a regulation

Proposal for a regulation

Article 39 — paragraph 7

Article 39 — paragraph 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| 7.   The Commission shall develop guidance as regards the application of the due diligence requirements defined in paragraphs 2 and 3 of this Article, with regard to the social and environmental risks referred to in Annex X, point 2, and particularly in line with the international instruments referred to in Annex X,
  point
  3. | 7.   The Commission shall develop guidance as regards the application of the due diligence requirements defined in paragraphs 2 and 3 of this Article, with regard to the social and environmental risks referred to in Annex X, point 2,and particularly in line with the international instruments referred to in Annex X,
  points
  3
  and 3a
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7.   The Commission shall develop guidance as regards the application of the due diligence requirements defined in paragraphs 2 and 3 of this Article, with regard to the social and environmental risks referred to in Annex X, point 2, and particularly in line with the international instruments referred to in Annex X,
  point
  3.

7.   The Commission shall develop guidance as regards the application of the due diligence requirements defined in paragraphs 2 and 3 of this Article, with regard to the social and environmental risks referred to in Annex X, point 2,and particularly in line with the international instruments referred to in Annex X,
  points
  3
  and 3a
  .

Amendment 264

Amendment 264

Proposal for a regulation

Proposal for a regulation

Article 39 — paragraph 7 a (new)

Article 39 — paragraph 7 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 7 a.
     
  Member States shall provide specific technical assistance to economic operators, especially to small and medium-sized companies, for the purposes of compliance with the value chain due diligence requirements set out in this Article. Member States may be assisted by their national battery competence centres, established pursuant to Article 68b, in providing such technical support. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7 a.
     
  Member States shall provide specific technical assistance to economic operators, especially to small and medium-sized companies, for the purposes of compliance with the value chain due diligence requirements set out in this Article. Member States may be assisted by their national battery competence centres, established pursuant to Article 68b, in providing such technical support.

Amendment 265

Amendment 265

Proposal for a regulation

Proposal for a regulation

Article 39 — paragraph 7 b (new)

Article 39 — paragraph 7 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 7b.
     
  In order to enable Member States to ensure that there is compliance with this Regulation in accordance with Article 69, Member States shall be responsible for carrying out appropriate checks. |
| | The checks referred to in the first subparagraph shall be conducted by taking a risk-based approach, including in cases where a competent authority is in possession of relevant information, such as on the basis of substantiated concerns provided by third parties, concerning the compliance by an economic operator with this Regulation. |
| | The checks referred to in the first subparagraph shall include on-the-spot inspections, including at the premises of the economic operator. |
| | Economic operators shall offer all the assistance necessary to facilitate the performance of the checks referred to in the first subparagraph, in particular as regards access to premises and the presentation of documentation and records. |
| | In order to ensure clarity of tasks and consistency of action among Member State competent authorities, the Commission shall prepare guidelines detailing the steps to be followed by Member State competent authorities carrying out the checks referred to in the first subparagraph. Those guidelines shall include, as appropriate, templates for documents facilitating the implementation of this Regulation. |
| | Member State shall keep records of the checks referred to in the first subparagraph indicating in particular the nature and results of such checks, as well as records of any notice of remedial action issued under Article 69. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7b.
     
  In order to enable Member States to ensure that there is compliance with this Regulation in accordance with Article 69, Member States shall be responsible for carrying out appropriate checks.

The checks referred to in the first subparagraph shall be conducted by taking a risk-based approach, including in cases where a competent authority is in possession of relevant information, such as on the basis of substantiated concerns provided by third parties, concerning the compliance by an economic operator with this Regulation.

The checks referred to in the first subparagraph shall be conducted by taking a risk-based approach, including in cases where a competent authority is in possession of relevant information, such as on the basis of substantiated concerns provided by third parties, concerning the compliance by an economic operator with this Regulation.

The checks referred to in the first subparagraph shall include on-the-spot inspections, including at the premises of the economic operator.

The checks referred to in the first subparagraph shall include on-the-spot inspections, including at the premises of the economic operator.

Economic operators shall offer all the assistance necessary to facilitate the performance of the checks referred to in the first subparagraph, in particular as regards access to premises and the presentation of documentation and records.

Economic operators shall offer all the assistance necessary to facilitate the performance of the checks referred to in the first subparagraph, in particular as regards access to premises and the presentation of documentation and records.

In order to ensure clarity of tasks and consistency of action among Member State competent authorities, the Commission shall prepare guidelines detailing the steps to be followed by Member State competent authorities carrying out the checks referred to in the first subparagraph. Those guidelines shall include, as appropriate, templates for documents facilitating the implementation of this Regulation.

In order to ensure clarity of tasks and consistency of action among Member State competent authorities, the Commission shall prepare guidelines detailing the steps to be followed by Member State competent authorities carrying out the checks referred to in the first subparagraph. Those guidelines shall include, as appropriate, templates for documents facilitating the implementation of this Regulation.

Member State shall keep records of the checks referred to in the first subparagraph indicating in particular the nature and results of such checks, as well as records of any notice of remedial action issued under Article 69.

Member State shall keep records of the checks referred to in the first subparagraph indicating in particular the nature and results of such checks, as well as records of any notice of remedial action issued under Article 69.

Amendment 266

Amendment 266

Proposal for a regulation

Proposal for a regulation

Article 39 — paragraph 8 — point a a (new)

Article 39 — paragraph 8 — point a a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (aa) | amend the list of international instruments in Annex X in accordance with developments within the relevant international fora; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(aa)

(aa)

amend the list of international instruments in Annex X in accordance with developments within the relevant international fora;

amend the list of international instruments in Annex X in accordance with developments within the relevant international fora;

Amendment 267

Amendment 267

Proposal for a regulation

Proposal for a regulation

Article 39 — paragraph 8 — point b

Article 39 — paragraph 8 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | 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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

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.

changes to the

recommendations

I to the OECD Due Diligence Guidance.

| (b) | 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
  amend the list of internationally recognised
  due diligence
  instruments
  set out in Annex
  X, point 3a; |
| --- | --- |

(b)

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
  amend the list of internationally recognised
  due diligence
  instruments
  set out in Annex
  X, point 3a;

amend the list of internationally recognised

instruments

X, point 3a;

Amendment 268

Amendment 268

Proposal for a regulation

Proposal for a regulation

Article 39 — paragraph 8 — point b a (new)

Article 39 — paragraph 8 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | establish and amend a list of high risk areas taking into consideration OECD due diligence guidelines. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ba)

(ba)

establish and amend a list of high risk areas taking into consideration OECD due diligence guidelines.

establish and amend a list of high risk areas taking into consideration OECD due diligence guidelines.

Amendment 269

Amendment 269

Proposal for a regulation

Proposal for a regulation

Article 39 — paragraph 8 a (new)

Article 39 — paragraph 8 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 8a.
     
  In the event that future Union legislation laying down general rules for sustainable corporate governance and due diligence is adopted, the provisions set out in paragraphs 2 to 5 of this Article and in Annex X shall be considered as complementary to such future Union legislation. |
| | Within 6 months of the entry into force of future Union legislation laying down general rules for sustainable corporate governance and due diligence, the Commission shall assess whether that new Union legislation requires amendment of paragraphs 2 to 5 of this Article or of Annex X, or both, and adopt, where appropriate, a delegated act in accordance with Article 73 to amend those provisions accordingly. |
| | That delegated act shall be without prejudice to the obligations set out in paragraphs 2 to 5 of this Article or in Annex X that are specific to economic operators that place batteries on the market. Any additional due diligence obligation on economic operators that is laid down in that delegated act shall be such as to ensure at least the same level of protection provided for by this regulation without creating any undue administrative burden. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

8a.
     
  In the event that future Union legislation laying down general rules for sustainable corporate governance and due diligence is adopted, the provisions set out in paragraphs 2 to 5 of this Article and in Annex X shall be considered as complementary to such future Union legislation.

Within 6 months of the entry into force of future Union legislation laying down general rules for sustainable corporate governance and due diligence, the Commission shall assess whether that new Union legislation requires amendment of paragraphs 2 to 5 of this Article or of Annex X, or both, and adopt, where appropriate, a delegated act in accordance with Article 73 to amend those provisions accordingly.

Within 6 months of the entry into force of future Union legislation laying down general rules for sustainable corporate governance and due diligence, the Commission shall assess whether that new Union legislation requires amendment of paragraphs 2 to 5 of this Article or of Annex X, or both, and adopt, where appropriate, a delegated act in accordance with Article 73 to amend those provisions accordingly.

That delegated act shall be without prejudice to the obligations set out in paragraphs 2 to 5 of this Article or in Annex X that are specific to economic operators that place batteries on the market. Any additional due diligence obligation on economic operators that is laid down in that delegated act shall be such as to ensure at least the same level of protection provided for by this regulation without creating any undue administrative burden.

That delegated act shall be without prejudice to the obligations set out in paragraphs 2 to 5 of this Article or in Annex X that are specific to economic operators that place batteries on the market. Any additional due diligence obligation on economic operators that is laid down in that delegated act shall be such as to ensure at least the same level of protection provided for by this regulation without creating any undue administrative burden.

Amendment 270

Amendment 270

Proposal for a regulation

Proposal for a regulation

Article 40 — paragraph 4 — introductory part

Article 40 — paragraph 4 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   An authorised representative shall perform the tasks specified in the mandate received from the manufacturer. The authorised representative shall provide a copy of the mandate to the competent authority, upon request. The mandate shall allow the authorised representative to do at least the following: | 4.   An authorised representative shall perform the tasks specified in the mandate received from the manufacturer. The authorised representative shall
  have the appropriate financial and organisational means to perform the tasks specified in the mandate. The authorised representative shall
  provide a copy of the mandate to the competent authority, upon request
  , in a Union language determined by the competent authority
  . The mandate shall allow the authorised representative to do at least the following: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   An authorised representative shall perform the tasks specified in the mandate received from the manufacturer. The authorised representative shall provide a copy of the mandate to the competent authority, upon request. The mandate shall allow the authorised representative to do at least the following:

4.   An authorised representative shall perform the tasks specified in the mandate received from the manufacturer. The authorised representative shall
  have the appropriate financial and organisational means to perform the tasks specified in the mandate. The authorised representative shall
  provide a copy of the mandate to the competent authority, upon request
  , in a Union language determined by the competent authority
  . The mandate shall allow the authorised representative to do at least the following:

Amendment 271

Amendment 271

Proposal for a regulation

Proposal for a regulation

Article 40 — paragraph 4 a (new)

Article 40 — paragraph 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4a.
     
  Where they consider or have reason to believe that a battery presents a risk, authorised representatives shall immediately inform the market surveillance authorities thereof. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4a.
     
  Where they consider or have reason to believe that a battery presents a risk, authorised representatives shall immediately inform the market surveillance authorities thereof.

Amendment 272

Amendment 272

Proposal for a regulation

Proposal for a regulation

Article 41 — paragraph 1

Article 41 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

Amendment 273

Amendment 273

Proposal for a regulation

Proposal for a regulation

Article 41 — paragraph 2 — subparagraph 2

Article 41 — paragraph 2 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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 it considers or has reason to believe that a
  battery presents a risk, the importer shall
  immediately
  inform the manufacturer and the market surveillance authorities to that effect |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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 the

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 it considers or has reason to believe that a
  battery presents a risk, the importer shall
  immediately
  inform the manufacturer and the market surveillance authorities to that effect

and Article 39

where it considers or has reason to believe that a

immediately

Amendment 274

Amendment 274

Proposal for a regulation

Proposal for a regulation

Article 41 — paragraph 6

Article 41 — paragraph 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| 6.   When deemed appropriate with regard to the risks presented by a battery, importers shall, to protect the human health and safety of consumers, carry out sample testing of marketed batteries, investigate, and, if necessary, keep a register of complaints, of non-conforming batteries and battery recalls, and shall keep distributors informed of such monitoring. | 6.   When deemed appropriate with regard to the risks presented by a battery, importers shall, to protect the human health
  , the environment
  and safety of consumers, carry out sample testing of marketed batteries, investigate, and, if necessary, keep a register of complaints, of non-conforming batteries and battery recalls, and shall keep distributors informed of such monitoring. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6.   When deemed appropriate with regard to the risks presented by a battery, importers shall, to protect the human health and safety of consumers, carry out sample testing of marketed batteries, investigate, and, if necessary, keep a register of complaints, of non-conforming batteries and battery recalls, and shall keep distributors informed of such monitoring.

6.   When deemed appropriate with regard to the risks presented by a battery, importers shall, to protect the human health
  , the environment
  and safety of consumers, carry out sample testing of marketed batteries, investigate, and, if necessary, keep a register of complaints, of non-conforming batteries and battery recalls, and shall keep distributors informed of such monitoring.

Amendment 275

Amendment 275

Proposal for a regulation

Proposal for a regulation

Article 41 — paragraph 7

Article 41 — paragraph 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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 they consider or have reason to believe that a
  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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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 they consider or have reason to believe that a
  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.

Amendment 276

Amendment 276

Proposal for a regulation

Proposal for a regulation

Article 42 — paragraph 2 — point a

Article 42 — paragraph 2 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | the
  manufacturer, the manufacturer’s authorised representative, importer or other distributors are
  registered on the territory of a Member State in accordance with Article 46; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

the
  manufacturer, the manufacturer’s authorised representative, importer or other distributors are
  registered on the territory of a Member State in accordance with Article 46;

manufacturer, the manufacturer’s authorised representative, importer or other distributors are

| (a) | the
  producer is
  registered on the territory of a Member State in accordance with Article 46; |
| --- | --- |

(a)

the
  producer is
  registered on the territory of a Member State in accordance with Article 46;

producer is

Amendment 277

Amendment 277

Proposal for a regulation

Proposal for a regulation

Article 42 — paragraph 3

Article 42 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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 it considers or has reason to believe that
  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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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 it considers or has reason to believe that
  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.

Amendment 278

Amendment 278

Proposal for a regulation

Proposal for a regulation

Article 42 — paragraph 5

Article 42 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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 they consider or have reason to believe that
  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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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 they consider or have reason to believe that
  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.

Amendment 279

Amendment 279

Proposal for a regulation

Proposal for a regulation

Article 42 — paragraph 6

Article 42 — paragraph 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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
  that authority
  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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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
  that authority
  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.

Amendment 280

Amendment 280

Proposal for a regulation

Proposal for a regulation

Article 43 — paragraph 1

Article 43 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Fulfilment service providers shall ensure that, for batteries that they handle, the conditions during warehousing, packaging, addressing or dispatching, do not jeopardise the batteries’ compliance with the requirements set out in Chapters II
  and III
  . | Fulfilment service providers
  , including online marketplaces,
  shall ensure that, for batteries that they handle, the conditions during warehousing, packaging, addressing or dispatching, do not jeopardise the batteries’ compliance with the requirements set out in Chapters II
  , III and VII
  . |
| | Without prejudice to the obligations of the relevant economic operators set out in Chapter VI, fulfilment service providers shall in addition to the requirement referred to in the first subparagraph perform the tasks set out in Article 40(4), point (d), and Article 40(4a). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Fulfilment service providers shall ensure that, for batteries that they handle, the conditions during warehousing, packaging, addressing or dispatching, do not jeopardise the batteries’ compliance with the requirements set out in Chapters II
  and III
  .

and III

Fulfilment service providers
  , including online marketplaces,
  shall ensure that, for batteries that they handle, the conditions during warehousing, packaging, addressing or dispatching, do not jeopardise the batteries’ compliance with the requirements set out in Chapters II
  , III and VII
  .

, including online marketplaces,

, III and VII

Without prejudice to the obligations of the relevant economic operators set out in Chapter VI, fulfilment service providers shall in addition to the requirement referred to in the first subparagraph perform the tasks set out in Article 40(4), point (d), and Article 40(4a).

Without prejudice to the obligations of the relevant economic operators set out in Chapter VI, fulfilment service providers shall in addition to the requirement referred to in the first subparagraph perform the tasks set out in Article 40(4), point (d), and Article 40(4a).

Amendment 281

Amendment 281

Proposal for a regulation

Proposal for a regulation

Article 44 — paragraph 1 — introductory part

Article 44 — paragraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| An importer or distributor shall be considered a manufacturer for the purposes of this Regulation and that importer or distributor shall be subject to the obligations of the manufacturer under Article
  40
  , where | An importer or distributor shall be considered a manufacturer for the purposes of this Regulation and that importer or distributor shall be subject to the obligations of the manufacturer under Article
  38
  , where
  any of the following applies: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

An importer or distributor shall be considered a manufacturer for the purposes of this Regulation and that importer or distributor shall be subject to the obligations of the manufacturer under Article
  40
  , where

40

An importer or distributor shall be considered a manufacturer for the purposes of this Regulation and that importer or distributor shall be subject to the obligations of the manufacturer under Article
  38
  , where
  any of the following applies:

38

any of the following applies:

Amendment 282

Amendment 282

Proposal for a regulation

Proposal for a regulation

Article 44 — paragraph 1 — point b

Article 44 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | a battery already placed on the market or put into service is modified by that importer or distributor in such a way that compliance with the requirements of this Regulation may be affected; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

a battery already placed on the market or put into service is modified by that importer or distributor in such a way that compliance with the requirements of this Regulation may be affected;

| (b) | a battery already placed on the market or put into service is modified by that importer or distributor in such a way that compliance with the requirements of this Regulation may be affected;
  or |
| --- | --- |

(b)

a battery already placed on the market or put into service is modified by that importer or distributor in such a way that compliance with the requirements of this Regulation may be affected;
  or

or

Amendment 283

Amendment 283

Proposal for a regulation

Proposal for a regulation

Article 46 — paragraph 2 — subparagraph 2 — point d

Article 46 — paragraph 2 — subparagraph 2 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | 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; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

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;

| (d) | 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; |
| --- | --- |

(d)

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;

light means of transport batteries,

Amendment 284

Amendment 284

Proposal for a regulation

Proposal for a regulation

Article 46 — paragraph 2 — subparagraph 2 — point d a (new)

Article 46 — paragraph 2 — subparagraph 2 — point d a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (da) | the chemistry of batteries that the producer intends to make available on the market for the first time within the territory of a Member State; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(da)

(da)

the chemistry of batteries that the producer intends to make available on the market for the first time within the territory of a Member State;

the chemistry of batteries that the producer intends to make available on the market for the first time within the territory of a Member State;

Amendment 285

Amendment 285

Proposal for a regulation

Proposal for a regulation

Article 46 — paragraph 2 — subparagraph 2 — point f — introductory part

Article 46 — paragraph 2 — subparagraph 2 — point f — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| (f) | information on how the producer meets its responsibilities set out in Article 47 and the requirements under Article 48 and Article 49 respectively: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(f)

information on how the producer meets its responsibilities set out in Article 47 and the requirements under Article 48 and Article 49 respectively:

| (f) | 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: |
| --- | --- |

(f)

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:

, Article 48a

Amendment 286

Amendment 286

Proposal for a regulation

Proposal for a regulation

Article 46 — paragraph 2 — subparagraph 2 — point f — point i — introductory part

Article 46 — paragraph 2 — subparagraph 2 — point f — point i — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| (i) | for portable batteries, the requirements of this point (f) shall be met by providing: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(i)

for portable batteries, the requirements of this point (f) shall be met by providing:

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

(i)

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

batteries and light means of transport

Amendment 287

Amendment 287

Proposal for a regulation

Proposal for a regulation

Article 46 — paragraph 2 — subparagraph 2 — point f — point i — indent 1

Article 46 — paragraph 2 — subparagraph 2 — point f — point i — indent 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| — | a declaration demonstrating the measures put in place by the producer to attain the producer responsibility obligations set out in Article 47, the measures put in place to meet the separate collection obligations set out in Article 48(1)with regard to the amount of batteries the producer supplies and the system to ensure that the data reported to the competent authorities is reliable; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

—

a declaration demonstrating the measures put in place by the producer to attain the producer responsibility obligations set out in Article 47, the measures put in place to meet the separate collection obligations set out in Article 48(1)with regard to the amount of batteries the producer supplies and the system to ensure that the data reported to the competent authorities is reliable;

| — | a declaration demonstrating the measures put in place by the producer to attain the producer responsibility obligations set out in Article 47, the measures put in place to meet the separate collection obligations set out in Article 48(1)
  and in Article 48a (1)
  with regard to the amount of batteries the producer supplies and the system to ensure that the data reported to the competent authorities is reliable; |
| --- | --- |

—

a declaration demonstrating the measures put in place by the producer to attain the producer responsibility obligations set out in Article 47, the measures put in place to meet the separate collection obligations set out in Article 48(1)
  and in Article 48a (1)
  with regard to the amount of batteries the producer supplies and the system to ensure that the data reported to the competent authorities is reliable;

and in Article 48a (1)

Amendment 288

Amendment 288

Proposal for a regulation

Proposal for a regulation

Article 46 — paragraph 2 — subparagraph 2 — point f — point i — indent 2

Article 46 — paragraph 2 — subparagraph 2 — point f — point i — indent 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| — | where applicable, the name and contact details, including postal
  code and place, street and number, country
  , telephone
  and fax numbers
  , internet address and e-mail address and the national identification code of the producer responsibility organisation entrusted by the producer to fulfil its extended producer responsibility obligations in accordance with Article 47(2), including the trade register number or an equivalent official registration number of the producer responsibility organisation including the European or national tax number of the producer responsibility organisation, and the represented producer’s mandate; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

—

where applicable, the name and contact details, including postal
  code and place, street and number, country
  , telephone
  and fax numbers
  , internet address and e-mail address and the national identification code of the producer responsibility organisation entrusted by the producer to fulfil its extended producer responsibility obligations in accordance with Article 47(2), including the trade register number or an equivalent official registration number of the producer responsibility organisation including the European or national tax number of the producer responsibility organisation, and the represented producer’s mandate;

code and place, street and number, country

and fax numbers

| — | where applicable, the name and contact details, including postal
  address
  , telephone
  number
  , internet address and e-mail address and the national identification code of the producer responsibility organisation entrusted by the producer to fulfil its extended producer responsibility obligations in accordance with Article 47(2)
  and (4)
  , including the trade register number or an equivalent official registration number of the producer responsibility organisation including the European or national tax number of the producer responsibility organisation, and the represented producer’s mandate; |
| --- | --- |

—

where applicable, the name and contact details, including postal
  address
  , telephone
  number
  , internet address and e-mail address and the national identification code of the producer responsibility organisation entrusted by the producer to fulfil its extended producer responsibility obligations in accordance with Article 47(2)
  and (4)
  , including the trade register number or an equivalent official registration number of the producer responsibility organisation including the European or national tax number of the producer responsibility organisation, and the represented producer’s mandate;

address

number

and (4)

Amendment 289

Amendment 289

Proposal for a regulation

Proposal for a regulation

Article 46 — paragraph 2 — subparagraph 2 — point f — point i — indent 2 a (new)

Article 46 — paragraph 2 — subparagraph 2 — point f — point i — indent 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | — | where the producer responsibility organisation represents more than one producer, it shall indicate separately how each one of the represented producers meets the responsibilities set out in Article 47. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

—

where the producer responsibility organisation represents more than one producer, it shall indicate separately how each one of the represented producers meets the responsibilities set out in Article 47.

where the producer responsibility organisation represents more than one producer, it shall indicate separately how each one of the represented producers meets the responsibilities set out in Article 47.

Amendment 290

Amendment 290

Proposal for a regulation

Proposal for a regulation

Article 46 — paragraph 2 — subparagraph 2 — point f — point ii — indent 2

Article 46 — paragraph 2 — subparagraph 2 — point f — point ii — indent 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| — | where applicable, the national identification code of the producer responsibility organisation entrusted by the producer to fulfil its extended producer responsibility obligations in accordance with paragraphs 2 and 4 of Article 47, including the trade register number or an equivalent official registration number of the producer responsibility organisation including the European or national tax number of the producer responsibility organisation, and the represented producer’s mandate; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

—

where applicable, the national identification code of the producer responsibility organisation entrusted by the producer to fulfil its extended producer responsibility obligations in accordance with paragraphs 2 and 4 of Article 47, including the trade register number or an equivalent official registration number of the producer responsibility organisation including the European or national tax number of the producer responsibility organisation, and the represented producer’s mandate;

| — | where applicable,
  the name and contact details, including postal address, telephone number, and e-mail and web address and
  the national identification code of the producer responsibility organisation entrusted by the producer to fulfil its extended producer responsibility obligations in accordance with paragraphs 2 and 4 of Article 47, including the trade register number or an equivalent official registration number of the producer responsibility organisation including the European or national tax number of the producer responsibility organisation, and the represented producer’s mandate; |
| --- | --- |

—

where applicable,
  the name and contact details, including postal address, telephone number, and e-mail and web address and
  the national identification code of the producer responsibility organisation entrusted by the producer to fulfil its extended producer responsibility obligations in accordance with paragraphs 2 and 4 of Article 47, including the trade register number or an equivalent official registration number of the producer responsibility organisation including the European or national tax number of the producer responsibility organisation, and the represented producer’s mandate;

the name and contact details, including postal address, telephone number, and e-mail and web address and

Amendment 291

Amendment 291

Proposal for a regulation

Proposal for a regulation

Article 46 — paragraph 2 a (new)

Article 46 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  Producers supplying batteries by means of distance communication shall be registered in the Member State they sell to. Where such producers are not registered in the Member State they sell to, they shall be registered through their authorised representative. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2a.
     
  Producers supplying batteries by means of distance communication shall be registered in the Member State they sell to. Where such producers are not registered in the Member State they sell to, they shall be registered through their authorised representative.

Amendment 292

Amendment 292

Proposal for a regulation

Proposal for a regulation

Article 46 — paragraph 3 — point d a (new)

Article 46 — paragraph 3 — point d a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (da) | may refuse the registration provided by the producer in the event of non-compliance or insufficient compliance with the obligation laid down in paragraph 2. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(da)

(da)

may refuse the registration provided by the producer in the event of non-compliance or insufficient compliance with the obligation laid down in paragraph 2.

may refuse the registration provided by the producer in the event of non-compliance or insufficient compliance with the obligation laid down in paragraph 2.

Amendment 293

Amendment 293

Proposal for a regulation

Proposal for a regulation

Article 46 — paragraph 4 a (new)

Article 46 — paragraph 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4a.
     
  Battery producers shall provide to online marketplaces information about their registration or authorised representative in the Member States they sell to. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4a.
     
  Battery producers shall provide to online marketplaces information about their registration or authorised representative in the Member States they sell to.

Amendment 294

Amendment 294

Proposal for a regulation

Proposal for a regulation

Article 47 — paragraph 1 — point a

Article 47 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | organise the separate collection of waste batteries in accordance with Article 48 and Article 49 and the subsequent transport, preparation for repurposing and remanufacturing, treatment and recycling of waste batteries,
  including
  the necessary safety measures, in accordance with Article 56; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

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

including

| (a) | cover at least the costs referred to in point (a) of paragraph 4 of Article 8a of Directive 2008/98/EC, including the costs of
  organising the separate collection of waste batteries in accordance with Article 48
  , Article 48a
  and Article 49 and the subsequent transport, preparation for repurposing and remanufacturing, treatment
  , preparation for reuse
  and recycling of waste batteries,
  and
  the necessary safety measures, in accordance with Article 56; |
| --- | --- |

(a)

cover at least the costs referred to in point (a) of paragraph 4 of Article 8a of Directive 2008/98/EC, including the costs of
  organising the separate collection of waste batteries in accordance with Article 48
  , Article 48a
  and Article 49 and the subsequent transport, preparation for repurposing and remanufacturing, treatment
  , preparation for reuse
  and recycling of waste batteries,
  and
  the necessary safety measures, in accordance with Article 56;

cover at least the costs referred to in point (a) of paragraph 4 of Article 8a of Directive 2008/98/EC, including the costs of

, Article 48a

, preparation for reuse

and

Amendment 295

Amendment 295

Proposal for a regulation

Proposal for a regulation

Article 47 — paragraph 1 — point c

Article 47 — paragraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | 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); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

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);

| (c) | promote the separate collection of batteries, including by covering the costs of
  data gathering and of
  carrying out surveys
  regularly
  to identify batteries discarded inappropriately by end-users in accordance with Article 48(1); |
| --- | --- |

(c)

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

data gathering and of

regularly

Amendment 296

Amendment 296

Proposal for a regulation

Proposal for a regulation

Article 47 — paragraph 1 — point d a (new)

Article 47 — paragraph 1 — point d a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (da) | set up awareness campaigns and/or economic incentives including those listed in Annex IV a to Directive 2008/98/EC to encourage end-users to discard waste batteries in a manner that is in line with the information on prevention and management of waste batteries made available to them in accordance with Article 60(1); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(da)

(da)

set up awareness campaigns and/or economic incentives including those listed in Annex IV a to Directive 2008/98/EC to encourage end-users to discard waste batteries in a manner that is in line with the information on prevention and management of waste batteries made available to them in accordance with Article 60(1);

set up awareness campaigns and/or economic incentives including those listed in Annex IV a to Directive 2008/98/EC to encourage end-users to discard waste batteries in a manner that is in line with the information on prevention and management of waste batteries made available to them in accordance with Article 60(1);

Amendment 297

Amendment 297

Proposal for a regulation

Proposal for a regulation

Article 47 — paragraph 1 — point e

Article 47 — paragraph 1 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | finance the activities referred to in points (a) to
  (d)
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(e)

finance the activities referred to in points (a) to
  (d)
  .

(d)

| (e) | finance the activities referred to in points (a) to
  (da)
  . |
| --- | --- |

(e)

finance the activities referred to in points (a) to
  (da)
  .

(da)

Amendment 298

Amendment 298

Proposal for a regulation

Proposal for a regulation

Article 47 — paragraph 3 — point a

Article 47 — paragraph 3 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | have the necessary organisational
  and financial
  means to fulfil the extended producer responsibility obligations referred to in paragraph 1; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

have the necessary organisational
  and financial
  means to fulfil the extended producer responsibility obligations referred to in paragraph 1;

and financial

| (a) | have the necessary
  financial or financial and
  organisational means to fulfil the extended producer responsibility obligations referred to in paragraph 1; |
| --- | --- |

(a)

have the necessary
  financial or financial and
  organisational means to fulfil the extended producer responsibility obligations referred to in paragraph 1;

financial or financial and

Amendment 299

Amendment 299

Proposal for a regulation

Proposal for a regulation

Article 47 — paragraph 4 — point a

Article 47 — paragraph 4 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | are modulated
  as a minimum
  by battery type and battery chemistry and, as appropriate, taking into account the rechargeability and the level of recycled content in the manufacture of batteries; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

are modulated
  as a minimum
  by battery type and battery chemistry and, as appropriate, taking into account the rechargeability and the level of recycled content in the manufacture of batteries;

as a minimum

| (a) | are modulated
  in accordance with the criteria set out in point (b) of Article 8a(4) of Directive 2008/98/EC and
  by battery type and battery chemistry and, as appropriate, taking into account the rechargeability
  , durability,
  and the level of recycled content in the manufacture of batteries
  , as well as the possibility of them being remanufactured or repurposed, and their carbon footprint
  ; |
| --- | --- |

(a)

are modulated
  in accordance with the criteria set out in point (b) of Article 8a(4) of Directive 2008/98/EC and
  by battery type and battery chemistry and, as appropriate, taking into account the rechargeability
  , durability,
  and the level of recycled content in the manufacture of batteries
  , as well as the possibility of them being remanufactured or repurposed, and their carbon footprint
  ;

in accordance with the criteria set out in point (b) of Article 8a(4) of Directive 2008/98/EC and

, durability,

, as well as the possibility of them being remanufactured or repurposed, and their carbon footprint

Amendment 300

Amendment 300

Proposal for a regulation

Proposal for a regulation

Article 47 — paragraph 4 — point b

Article 47 — paragraph 4 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | are adjusted to take account of any revenues by the producer responsibility organisations from reuse and from sales of secondary raw materials from the batteries and waste batteries; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

are adjusted to take account of any revenues by the producer responsibility organisations from reuse and from sales of secondary raw materials from the batteries and waste batteries;

| (b) | are adjusted to take account of any revenues by the producer responsibility organisations from reuse
  , remanufacturing, repurposing
  and from sales of secondary raw materials from the batteries and waste batteries; |
| --- | --- |

(b)

are adjusted to take account of any revenues by the producer responsibility organisations from reuse
  , remanufacturing, repurposing
  and from sales of secondary raw materials from the batteries and waste batteries;

, remanufacturing, repurposing

Amendment 301

Amendment 301

Proposal for a regulation

Proposal for a regulation

Article 47 — paragraph 5

Article 47 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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
  , remanufacturing, repurposing
  and from sales of secondary raw materials from the batteries and waste batteries. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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
  , remanufacturing, repurposing
  and from sales of secondary raw materials from the batteries and waste batteries.

Amendment 302

Amendment 302

Proposal for a regulation

Proposal for a regulation

Article 47 — paragraph 6 — subparagraph 1

Article 47 — paragraph 6 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 6.   Producer responsibility
  organisations
  shall apply for an authorisation from the competent authority. The authorisation shall be granted only where it is demonstrated that the measures put in place by the producer responsibility organisation are sufficient to meet the obligations set out in this
  Article
  with regard to the amount of batteries made available on the market for the first time within the territory of a Member State by the producers on whose behalf it acts. The competent authority shall in regular intervals, verify whether the conditions for the authorisation laid down in paragraphs 1, 3, 4 and 5 continue to be met. The
  competent authorities shall fix the details of the
  authorisation
  procedure and the modalities for verifying compliance, including the information to be provided by producers to that end
  . | 6.   
  A producer or a
  producer responsibility
  organisation acting on its behalf
  shall apply for an authorisation from the competent authority. The authorisation shall be granted only where it is demonstrated that the measures put in place by the
  producer or
  producer responsibility organisation are sufficient
  and that it has the necessary financial or financial and organisational means
  to meet the obligations set out in this
  Chapter
  with regard to the amount of batteries made available on the market for the first time within the territory of a Member State by the producers on whose behalf it acts
  and are in line with the attainment of the targets on separate collection of waste batteries, the level of recycling and recycling efficiencies laid down in this Regulation
  . The competent authority shall in regular intervals
  , and at least every three years
  , verify whether the conditions for the authorisation laid down in paragraphs 1, 3, 4 and 5 continue to be met. The authorisation
  may be revoked if the collection targets set out in Article 48(4) or Article 48a(5) are not met or if the producer or producer responsibility organisation is in breach of Article 49(1), (2) or (3)
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6.   Producer responsibility
  organisations
  shall apply for an authorisation from the competent authority. The authorisation shall be granted only where it is demonstrated that the measures put in place by the producer responsibility organisation are sufficient to meet the obligations set out in this
  Article
  with regard to the amount of batteries made available on the market for the first time within the territory of a Member State by the producers on whose behalf it acts. The competent authority shall in regular intervals, verify whether the conditions for the authorisation laid down in paragraphs 1, 3, 4 and 5 continue to be met. The
  competent authorities shall fix the details of the
  authorisation
  procedure and the modalities for verifying compliance, including the information to be provided by producers to that end
  .

6.   
  A producer or a
  producer responsibility
  organisation acting on its behalf
  shall apply for an authorisation from the competent authority. The authorisation shall be granted only where it is demonstrated that the measures put in place by the
  producer or
  producer responsibility organisation are sufficient
  and that it has the necessary financial or financial and organisational means
  to meet the obligations set out in this
  Chapter
  with regard to the amount of batteries made available on the market for the first time within the territory of a Member State by the producers on whose behalf it acts
  and are in line with the attainment of the targets on separate collection of waste batteries, the level of recycling and recycling efficiencies laid down in this Regulation
  . The competent authority shall in regular intervals
  , and at least every three years
  , verify whether the conditions for the authorisation laid down in paragraphs 1, 3, 4 and 5 continue to be met. The authorisation
  may be revoked if the collection targets set out in Article 48(4) or Article 48a(5) are not met or if the producer or producer responsibility organisation is in breach of Article 49(1), (2) or (3)
  .

Amendment 303

Amendment 303

Proposal for a regulation

Proposal for a regulation

Article 47 — paragraph 6 — subparagraph 2

Article 47 — paragraph 6 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Producer responsibility
  organisations
  shall notify the competent authority without undue delay of any changes to the information contained in the application for an authorisation, of any changes that concern the terms of the authorisation and of the permanent cessation of operations. | The producer or the
  producer responsibility
  organisation acting on its behalf
  shall notify the competent authority without undue delay of any changes to the information contained in the application for an authorisation, of any changes that concern the terms of the authorisation and of the permanent cessation of operations. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Producer responsibility
  organisations
  shall notify the competent authority without undue delay of any changes to the information contained in the application for an authorisation, of any changes that concern the terms of the authorisation and of the permanent cessation of operations.

organisations

The producer or the
  producer responsibility
  organisation acting on its behalf
  shall notify the competent authority without undue delay of any changes to the information contained in the application for an authorisation, of any changes that concern the terms of the authorisation and of the permanent cessation of operations.

The producer or the

organisation acting on its behalf

Amendment 304

Amendment 304

Proposal for a regulation

Proposal for a regulation

Article 47 — paragraph 9 — point c

Article 47 — paragraph 9 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | the rate of separate collection of waste batteries, the level of recycling
  and
  recycling efficiencies achieved based on the amount of batteries made available on the market for the first time in the Member State by their member producers; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

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

and

| (c) | the rate of separate collection of waste batteries, the level of recycling
  , the
  recycling efficiencies
  and levels of recovered materials
  achieved based on the amount of batteries made available on the market for the first time in the Member State by their member producers; |
| --- | --- |

(c)

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

, the

and levels of recovered materials

Amendment 305

Amendment 305

Proposal for a regulation

Proposal for a regulation

Article 47 — paragraph 9 — point d a (new)

Article 47 — paragraph 9 — point d a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (da) | the selection procedure for waste management operators. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(da)

(da)

the selection procedure for waste management operators.

the selection procedure for waste management operators.

Amendment 306

Amendment 306

Proposal for a regulation

Proposal for a regulation

Article 47 — paragraph 10 a (new)

Article 47 — paragraph 10 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 10a.
     
  Where an operator carries out re-use, repurposing or remanufacturing of a battery, the extended producer responsibility for that battery shall be transferred from the producer to that operator. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

10a.
     
  Where an operator carries out re-use, repurposing or remanufacturing of a battery, the extended producer responsibility for that battery shall be transferred from the producer to that operator.

Amendment 307

Amendment 307

Proposal for a regulation

Proposal for a regulation

Article 47 — paragraph 13

Article 47 — paragraph 13

| Text proposed by the Commission | Amendment |
| --- | --- |
| 13.   
  Articles 8 and
  8a of Directive 2008/98/EC shall
  not apply to batteries
  . | 13.   
  The requirements on extended producer responsibility and the general minimum requirements for extended producer responsibility schemes provided for in Article
  8a of Directive 2008/98/EC shall
  be considered as minimum requirements and shall be supplemented by the provisions laid down in this Regulation
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

13.   
  Articles 8 and
  8a of Directive 2008/98/EC shall
  not apply to batteries
  .

13.   
  The requirements on extended producer responsibility and the general minimum requirements for extended producer responsibility schemes provided for in Article
  8a of Directive 2008/98/EC shall
  be considered as minimum requirements and shall be supplemented by the provisions laid down in this Regulation
  .

Amendment 308

Amendment 308

Proposal for a regulation

Proposal for a regulation

Article 48 — paragraph 1 — introductory part

Article 48 — paragraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Producers or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf, shall ensure the collection of all waste portable batteries, regardless of their nature, brand or origin in the territory of a Member State where they make batteries available on the market for the first time. For that purpose they shall: | 1.   Producers or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf, shall ensure the
  separate
  collection of all waste portable batteries, regardless of their nature
  , chemical composition
  , brand or origin in the territory of a Member State where they make batteries available on the market for the first time. For that purpose they shall: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

1.   Producers or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf, shall ensure the
  separate
  collection of all waste portable batteries, regardless of their nature
  , chemical composition
  , brand or origin in the territory of a Member State where they make batteries available on the market for the first time. For that purpose they shall:

Amendment 309

Amendment 309

Proposal for a regulation

Proposal for a regulation

Article 48 — paragraph 1 — point a

Article 48 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | establish waste portable battery collection points; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

establish waste portable battery collection points;

| (a) | establish waste portable battery
  take-back and
  collection points; |
| --- | --- |

(a)

establish waste portable battery
  take-back and
  collection points;

take-back and

Amendment 310

Amendment 310

Proposal for a regulation

Proposal for a regulation

Article 48 — paragraph 3

Article 48 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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
  shall be able to discard
  waste portable batteries at collection points referred to in paragraph 2
  and
  shall not be charged or be obliged to buy a new battery
  or to have bought the battery from the producers who set up the collection points
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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
  shall be able to discard
  waste portable batteries at collection points referred to in paragraph 2
  and
  shall not be charged or be obliged to buy a new battery
  or to have bought the battery from the producers who set up the collection points
  .

Amendment 311

Amendment 311

Proposal for a regulation

Proposal for a regulation

Article 48 — paragraph 4 — subparagraph 1 — introductory part

Article 48 — paragraph 4 — subparagraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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
  yearly
  , at least the following collection targets of waste portable batteries, calculated as percentages of the portable batteries, 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: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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
  yearly
  , at least the following collection targets of waste portable batteries, calculated as percentages of the portable batteries, 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:

Amendment 312

Amendment 312

Proposal for a regulation

Proposal for a regulation

Article 48 — paragraph 4 a (new)

Article 48 — paragraph 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4a.
     
  Producers or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf, shall attain, and maintain yearly, at least the following collection targets for waste portable batteries of general use, calculated as percentages of the 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: |
| | (a) | 45 % by 31 December 2023; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4a.
     
  Producers or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf, shall attain, and maintain yearly, at least the following collection targets for waste portable batteries of general use, calculated as percentages of the 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:

(a)

(a)

45 % by 31 December 2023;

45 % by 31 December 2023;

| (b) | 70 % by 31 December 2025; |
| --- | --- |

(b)

(b)

70 % by 31 December 2025;

70 % by 31 December 2025;

| (c) | 80 % by 31 December 2030. |
| --- | --- |

(c)

(c)

80 % by 31 December 2030.

80 % by 31 December 2030.

Amendment 313

Amendment 313

Proposal for a regulation

Proposal for a regulation

Article 48 a (new)

Article 48 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 48a |
| | Collection of light means of transport waste batteries |
| | 1.
     
  Producers or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf, shall ensure collection of all light means of transport waste batteries regardless of their nature, chemical composition, brand or origin, in the territory of the Member State in which they make batteries available on the market for the first time. |
| | 2.
     
  Producers of light means of transport waste batteries or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf, shall take back, free of charge and without an obligation on the end user to buy a new battery, or to have bought the waste battery from them, all light means of transport waste batteries regardless of their chemical composition, brand or origin in the territory of the Member State in which they make batteries available on the market for the first time. For that purpose, they shall take back light means of transport waste batteries from end-users or from take-back and collection points provided in cooperation with: |
| | (a) | distributors of light means of transport batteries in accordance with Article 50(1); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 48a

Article 48a

Collection of light means of transport waste batteries

Collection of light means of transport waste batteries

1.
     
  Producers or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf, shall ensure collection of all light means of transport waste batteries regardless of their nature, chemical composition, brand or origin, in the territory of the Member State in which they make batteries available on the market for the first time.

2.
     
  Producers of light means of transport waste batteries or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf, shall take back, free of charge and without an obligation on the end user to buy a new battery, or to have bought the waste battery from them, all light means of transport waste batteries regardless of their chemical composition, brand or origin in the territory of the Member State in which they make batteries available on the market for the first time. For that purpose, they shall take back light means of transport waste batteries from end-users or from take-back and collection points provided in cooperation with:

(a)

(a)

distributors of light means of transport batteries in accordance with Article 50(1);

distributors of light means of transport batteries in accordance with Article 50(1);

| (b) | independent operators that repair light means of transport; |
| --- | --- |

(b)

(b)

independent operators that repair light means of transport;

independent operators that repair light means of transport;

| (c) | public authorities, or third parties carrying out waste management on their behalf, in accordance with Article 53. |
| --- | --- |

(c)

(c)

public authorities, or third parties carrying out waste management on their behalf, in accordance with Article 53.

public authorities, or third parties carrying out waste management on their behalf, in accordance with Article 53.

3.
     
  The take-back arrangements put in place in accordance with paragraph 2 shall cover the whole territory of a Member State taking into account population size and density, the expected volume of light means of transport waste batteries, accessibility for and proximity to end-users. The take-back arrangements shall not be limited to areas where the collection and subsequent management of light means of transport waste batteries is most profitable.

4.
     
  End users, when discarding light means of transport waste batteries at collection points referred to in paragraph 2, shall, in all circumstances, be able to return any waste light means of transport battery at any collection point and to do so free of charge or without being obliged to buy a new battery.

5.
     
  Producers or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf, shall attain, and maintain yearly, at least the following collection targets for light means of transport batteries, calculated as percentages of the quantities of light means of transport batteries, 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:

| (a) | 75 % by 31 December 2025; |
| --- | --- |

(a)

(a)

75 % by 31 December 2025;

75 % by 31 December 2025;

| (b) | 85 % by 31 December 2030. |
| --- | --- |

(b)

(b)

85 % by 31 December 2030.

85 % by 31 December 2030.

Producers or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf, shall calculate the collection rate referred to in the first subparagraph in accordance with the delegated act adopted in accordance with Article 55(2b).

Producers or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf, shall calculate the collection rate referred to in the first subparagraph in accordance with the delegated act adopted in accordance with Article 55(2b).

6.
     
  Collection points set up in accordance with paragraphs 1 and 2 of this Article shall not be subject to the registration or permit requirements of Directive 2008/98/EC.

7.
     
  Producers or, where appointed in accordance with Article 47(2), producer responsibility organisations shall request an authorisation from the competent authority that is to verify compliance with the arrangements put in place to ensure compliance with this Article. Where the authorisation is requested by a producer responsibility organisation, the request for authorisation shall clearly identify the active member producers that it is representing.

8.
     
  The producer responsibility organisation shall ensure that the data in its possession as regards proprietary information or information directly attributable to individual producers remain confidential. The competent authority may, in its authorisation, establish conditions to be met to that end.

9.
     
  The authorisation under paragraph 6 may be granted only where it is demonstrated, by providing documentary evidence, that the requirements of paragraphs 1, 2 and 3 of this Article are met and that all the arrangements are in place to allow at least the collection target referred to in paragraph 5 to be attained and maintained durably. Where the authorisation is requested by a producer responsibility organisation, it shall be obtained as part of the authorisation referred to in Article 47(6).

10.
     
  The competent authority shall establish the details of the procedure to grant the authorisation under paragraph 7 to ensure compliance with the requirements set out in paragraphs 1 to 4 of this Article and Article 56. This shall include the requirement of an independent experts’ report for an ex-ante verification of the arrangements for collection under this Article being made in a way to ensure compliance with the requirements under this Article. It shall also include timeframes for verification of the respective steps and the decision to be taken by the competent authority, which shall not exceed six weeks from the submission of a complete application dossier.

11.
     
  The competent authority shall review regularly, and at least every three years, whether the conditions for the authorisation under paragraph 7 continue to be met. The authorisation may be revoked when the collection target set out in paragraph 4 is not met or the producer or producer responsibility organisation is in material breach of its obligations under paragraphs 1 to 3.

12.
     
  The producer or, where appointed in accordance with Article 47(2), the producer responsibility organisation acting on its behalf, shall immediately notify the competent authority of any changes to the conditions covered by the application for authorisation referred to in paragraph 7, of any changes that concern the terms of the authorisation under paragraph 8, and of the permanent cessation of operations.

13.
     
  Every five years the Member States shall carry out a compositional survey at least at NUTS 2 level of collected mixed municipal waste and waste electric and electronic equipment streams to determine the share of waste portable batteries therein. The first survey shall be carried out by 31 December 2023. On the basis of the information obtained, the competent authorities may require, when granting or reviewing an authorisation under paragraphs 7 and 10 that the producers of portable batteries or producer responsibility organisations take corrective action to increase their network of connected collection points and carry out information campaigns in accordance with Article 60(1) in proportion to the share of waste portable batteries in mixed municipal waste and waste electric and electronic equipment streams detected in the survey.

Amendment 314

Amendment 314

Proposal for a regulation

Proposal for a regulation

Article 49 — paragraph — 1 (new)

Article 49 — paragraph — 1 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | -1.
     
  Producers or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf, shall ensure the collection of all waste automotive batteries, industrial batteries and electric vehicle batteries, regardless of their nature, chemical composition, brand or origin in the territory of the Member State in which they make batteries available on the market for the first time. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

-1.
     
  Producers or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf, shall ensure the collection of all waste automotive batteries, industrial batteries and electric vehicle batteries, regardless of their nature, chemical composition, brand or origin in the territory of the Member State in which they make batteries available on the market for the first time.

Amendment 315

Amendment 315

Proposal for a regulation

Proposal for a regulation

Article 49 — paragraph 1 — subparagraph 1 — introductory part

Article 49 — paragraph 1 — subparagraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Producers of automotive batteries, industrial batteries and electric vehicle batteries or, where appointed in accordance with Article 47(2), producer responsibility organisations, shall take back, free of charge and without an obligation on the end user to buy a new battery, nor to have bought the battery from them, all waste automotive batteries, industrial batteries and electric vehicle batteries of the respective type that they have made available on the market for the first time in the territory of that Member State. For that purpose they shall accept to take back waste automotive batteries, industrial batteries and electric vehicle batteries from end-users, or from collection points provided in cooperation with: | 1.   Producers of automotive batteries, industrial batteries and electric vehicle batteries or, where appointed in accordance with Article 47(2), producer responsibility organisations, shall take back, free of charge and without an obligation on the end user to buy a new battery, nor to have bought the battery from them, all waste automotive batteries, industrial batteries and electric vehicle batteries of the respective type that they have made available on the market for the first time in the territory of that Member State. For that purpose they shall accept to take back waste automotive batteries, industrial batteries and electric vehicle batteries from end-users, or from
  take-back and
  collection points provided in cooperation with: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Producers of automotive batteries, industrial batteries and electric vehicle batteries or, where appointed in accordance with Article 47(2), producer responsibility organisations, shall take back, free of charge and without an obligation on the end user to buy a new battery, nor to have bought the battery from them, all waste automotive batteries, industrial batteries and electric vehicle batteries of the respective type that they have made available on the market for the first time in the territory of that Member State. For that purpose they shall accept to take back waste automotive batteries, industrial batteries and electric vehicle batteries from end-users, or from collection points provided in cooperation with:

1.   Producers of automotive batteries, industrial batteries and electric vehicle batteries or, where appointed in accordance with Article 47(2), producer responsibility organisations, shall take back, free of charge and without an obligation on the end user to buy a new battery, nor to have bought the battery from them, all waste automotive batteries, industrial batteries and electric vehicle batteries of the respective type that they have made available on the market for the first time in the territory of that Member State. For that purpose they shall accept to take back waste automotive batteries, industrial batteries and electric vehicle batteries from end-users, or from
  take-back and
  collection points provided in cooperation with:

Amendment 316

Amendment 316

Proposal for a regulation

Proposal for a regulation

Article 49 — paragraph 1 — subparagraph 1 — point a a (new)

Article 49 — paragraph 1 — subparagraph 1 — point a a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (aa) | independent operators carrying out re-use, remanufacturing or repurposing of automotive batteries, industrial batteries and electric vehicle batteries; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(aa)

(aa)

independent operators carrying out re-use, remanufacturing or repurposing of automotive batteries, industrial batteries and electric vehicle batteries;

independent operators carrying out re-use, remanufacturing or repurposing of automotive batteries, industrial batteries and electric vehicle batteries;

Amendment 317

Amendment 317

Proposal for a regulation

Proposal for a regulation

Article 49 — paragraph 1 — subparagraph 2

Article 49 — paragraph 1 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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 |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

, or, where appointed in accordance with Article 47(2), producer responsibility organisations,

Amendment 318

Amendment 318

Proposal for a regulation

Proposal for a regulation

Article 49 — paragraph 3 — point a

Article 49 — paragraph 3 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | provide the collection points referred to in paragraph 1 with suitable collection infrastructure for the separate collection of waste automotive batteries, industrial batteries and electric vehicle batteries meeting the applicable safety requirements and cover the necessary costs incurred by those collection points in relation to the take back activities. The containers to collect and temporarily store such batteries at the collection point shall be adequate to provide for the volume and hazardous nature of waste automotive batteries, industrial batteries and electric vehicle batteries that are likely to be collected through those collection points; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

provide the collection points referred to in paragraph 1 with suitable collection infrastructure for the separate collection of waste automotive batteries, industrial batteries and electric vehicle batteries meeting the applicable safety requirements and cover the necessary costs incurred by those collection points in relation to the take back activities. The containers to collect and temporarily store such batteries at the collection point shall be adequate to provide for the volume and hazardous nature of waste automotive batteries, industrial batteries and electric vehicle batteries that are likely to be collected through those collection points;

| (a) | provide the
  take-back and
  collection points referred to in paragraph 1 with suitable collection infrastructure for the separate collection of waste automotive batteries, industrial batteries and electric vehicle batteries meeting the applicable safety requirements and cover the necessary costs incurred by those
  take-back and
  collection points in relation to the take back activities. The containers to collect and temporarily store such batteries at the collection point shall be adequate to provide for the volume and hazardous nature of waste automotive batteries, industrial batteries and electric vehicle batteries that are likely to be collected through those
  take-back and
  collection points; |
| --- | --- |

(a)

provide the
  take-back and
  collection points referred to in paragraph 1 with suitable collection infrastructure for the separate collection of waste automotive batteries, industrial batteries and electric vehicle batteries meeting the applicable safety requirements and cover the necessary costs incurred by those
  take-back and
  collection points in relation to the take back activities. The containers to collect and temporarily store such batteries at the collection point shall be adequate to provide for the volume and hazardous nature of waste automotive batteries, industrial batteries and electric vehicle batteries that are likely to be collected through those
  take-back and
  collection points;

take-back and

take-back and

take-back and

Amendment 319

Amendment 319

Proposal for a regulation

Proposal for a regulation

Article 49 — paragraph 4 a (new)

Article 49 — paragraph 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4a.
     
  Member States shall collect information, including substantiated estimates, on an annual basis, on the quantities and categories of automotive batteries, industrial batteries and electric vehicle batteries placed on their markets, available for collection in comparison to the amounts collected through all routes, prepared for re-use, recycled and recovered within the Member State, and on batteries in vehicles/ industrial products exported, by weight and by chemistry. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4a.
     
  Member States shall collect information, including substantiated estimates, on an annual basis, on the quantities and categories of automotive batteries, industrial batteries and electric vehicle batteries placed on their markets, available for collection in comparison to the amounts collected through all routes, prepared for re-use, recycled and recovered within the Member State, and on batteries in vehicles/ industrial products exported, by weight and by chemistry.

Amendment 320

Amendment 320

Proposal for a regulation

Proposal for a regulation

Article 50 — paragraph 1

Article 50 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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 waste batteries from the end-user at no charge
  or
  without an obligation to
  have bought the
  battery
  from the same distributor
  , 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
  light means of transport batteries,
  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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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 waste batteries from the end-user at no charge
  or
  without an obligation to
  have bought the
  battery
  from the same distributor
  , 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
  light means of transport batteries,
  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.

Amendment 321

Amendment 321

Proposal for a regulation

Proposal for a regulation

Article 50 — paragraph 3

Article 50 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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 waste management operator with a view to their treatment and recycling in accordance with Article 56.
  Member States may restrict the possibility for distributors to hand over waste batteries according to their type, to producers or producer responsibility organisations, or to waste management operators. Member States shall ensure that such restrictions do not have an adverse impact on the collection and recycling systems. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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 waste management operator with a view to their treatment and recycling in accordance with Article 56.
  Member States may restrict the possibility for distributors to hand over waste batteries according to their type, to producers or producer responsibility organisations, or to waste management operators. Member States shall ensure that such restrictions do not have an adverse impact on the collection and recycling systems.

Amendment 322

Amendment 322

Proposal for a regulation

Proposal for a regulation

Article 50 — paragraph 4

Article 50 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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
  of portable, light means of transport,
  automotive, industrial and electric vehicle batteries, accessibility and vicinity to end users allowing end users to return batteries. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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
  of portable, light means of transport,
  automotive, industrial and electric vehicle batteries, accessibility and vicinity to end users allowing end users to return batteries.

Amendment 323

Amendment 323

Proposal for a regulation

Proposal for a regulation

Article 50 — paragraph 4 a (new)

Article 50 — paragraph 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4a.
     
  In the case of sales with delivery, distributors shall offer to take back batteries free of charge. When ordering a battery, the end user of the battery shall be informed of the arrangements for having the used battery taken back. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4a.
     
  In the case of sales with delivery, distributors shall offer to take back batteries free of charge. When ordering a battery, the end user of the battery shall be informed of the arrangements for having the used battery taken back.

Amendment 324

Amendment 324

Proposal for a regulation

Proposal for a regulation

Article 50 a (new)

Article 50 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 50a




  Deposit return systems for batteries




  By 31 December 2025, the Commission shall assess the feasibility and potential benefits of establishment of Union-wide deposit return systems for batteries, in particular for portable batteries of general use. To that end, the Commission shall submit a report to the European Parliament and to the Council and consider taking appropriate measures, including the adoption of legislative proposals. Member States, when implementing national deposit return systems for batteries, shall notify the Commission of those measures. National deposit return systems shall not prevent the adoption of harmonised Union-wide systems. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 50a

Deposit return systems for batteries

By 31 December 2025, the Commission shall assess the feasibility and potential benefits of establishment of Union-wide deposit return systems for batteries, in particular for portable batteries of general use. To that end, the Commission shall submit a report to the European Parliament and to the Council and consider taking appropriate measures, including the adoption of legislative proposals. Member States, when implementing national deposit return systems for batteries, shall notify the Commission of those measures. National deposit return systems shall not prevent the adoption of harmonised Union-wide systems.

Amendment 325

Amendment 325

Proposal for a regulation

Proposal for a regulation

Article 51 — paragraph 2

Article 51 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

Amendment 326

Amendment 326

Proposal for a regulation

Proposal for a regulation

Article 52 — paragraph 1

Article 52 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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.
  Member States may restrict the possibility for operators of waste treatment facilities subject to Directive 2000/53/EC or Directive 2012/19/EU to hand over waste batteries, according to their type, either to producers or producer responsibility organisations, or to another waste management operator. Member States shall ensure that such restrictions do not have an adverse impact on the collection and recycling systems.
  The operators of waste treatment facilities shall keep records of those transactions. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.
  Member States may restrict the possibility for operators of waste treatment facilities subject to Directive 2000/53/EC or Directive 2012/19/EU to hand over waste batteries, according to their type, either to producers or producer responsibility organisations, or to another waste management operator. Member States shall ensure that such restrictions do not have an adverse impact on the collection and recycling systems.
  The operators of waste treatment facilities shall keep records of those transactions.

authorised

Member States may restrict the possibility for operators of waste treatment facilities subject to Directive 2000/53/EC or Directive 2012/19/EU to hand over waste batteries, according to their type, either to producers or producer responsibility organisations, or to another waste management operator. Member States shall ensure that such restrictions do not have an adverse impact on the collection and recycling systems.

Amendment 327

Amendment 327

Proposal for a regulation

Proposal for a regulation

Article 53 — paragraph 1

Article 53 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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 to take back any waste batteries of that type, including re-used, repurposed and remanufactured batteries. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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 to take back any waste batteries of that type, including re-used, repurposed and remanufactured batteries.

Amendment 328

Amendment 328

Proposal for a regulation

Proposal for a regulation

Article 53 — paragraph 2

Article 53 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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 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.
  Member States may restrict the ability of public waste management authorities to hand over waste batteries, according to their type, either to producers or producer responsibility organisations, or to a waste management operator, or to carry out their treatment and recycling themselves. Member States shall ensure that such restrictions do not have an adverse impact on the collection and recycling systems. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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 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.
  Member States may restrict the ability of public waste management authorities to hand over waste batteries, according to their type, either to producers or producer responsibility organisations, or to a waste management operator, or to carry out their treatment and recycling themselves. Member States shall ensure that such restrictions do not have an adverse impact on the collection and recycling systems.

Amendment 329

Amendment 329

Proposal for a regulation

Proposal for a regulation

Article 54 — paragraph 1

Article 54 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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.
  Member States may restrict the ability for voluntary waste portable battery collection points to hand over those waste portable batteries either to producers or producer responsibility organisations, or to a waste management operator. Member States shall ensure that such restrictions do not have an adverse impact on the collection and recycling systems. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.
  Member States may restrict the ability for voluntary waste portable battery collection points to hand over those waste portable batteries either to producers or producer responsibility organisations, or to a waste management operator. Member States shall ensure that such restrictions do not have an adverse impact on the collection and recycling systems.

authorised

Member States may restrict the ability for voluntary waste portable battery collection points to hand over those waste portable batteries either to producers or producer responsibility organisations, or to a waste management operator. Member States shall ensure that such restrictions do not have an adverse impact on the collection and recycling systems.

Amendment 330

Amendment 330

Proposal for a regulation

Proposal for a regulation

Article 55 — title

Article 55 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Collection rates for waste portable batteries | Collection rates for waste portable batteries
  and waste light means of transport batteries |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Collection rates for waste portable batteries

Collection rates for waste portable batteries
  and waste light means of transport batteries

and waste light means of transport batteries

Amendment 331

Amendment 331

Proposal for a regulation

Proposal for a regulation

Article 55 — paragraph 1 — point b

Article 55 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | 65 %
  by 31 December 2025; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

65 %
  by 31 December 2025;

65 %

| (b) | 70 %
  by 31 December 2025; |
| --- | --- |

(b)

70 %
  by 31 December 2025;

70 %

Amendment 332

Amendment 332

Proposal for a regulation

Proposal for a regulation

Article 55 — paragraph 1 — point c

Article 55 — paragraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | 70
  % by 31 December 2030. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

70
  % by 31 December 2030.

70

| (c) | 80
  % by 31 December 2030. |
| --- | --- |

(c)

80
  % by 31 December 2030.

80

Amendment 333

Amendment 333

Proposal for a regulation

Proposal for a regulation

Article 55 — paragraph 1 a (new)

Article 55 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a.
     
  Member States shall achieve the following minimum collection targets for waste portable batteries of general use: |
| | (a) | 45 % by 31 December 2023; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1a.
     
  Member States shall achieve the following minimum collection targets for waste portable batteries of general use:

(a)

(a)

45 % by 31 December 2023;

45 % by 31 December 2023;

| (b) | 70 % by 31 December 2025; |
| --- | --- |

(b)

(b)

70 % by 31 December 2025;

70 % by 31 December 2025;

| (c) | 80 % by 31 December 2030. |
| --- | --- |

(c)

(c)

80 % by 31 December 2030.

80 % by 31 December 2030.

Amendment 334

Amendment 334

Proposal for a regulation

Proposal for a regulation

Article 55 — paragraph 2 a (new)

Article 55 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  Member States shall achieve the following minimum collection targets for waste light means of transport batteries: |
| | (a) | 75 % by 31 December 2025; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2a.
     
  Member States shall achieve the following minimum collection targets for waste light means of transport batteries:

(a)

(a)

75 % by 31 December 2025;

75 % by 31 December 2025;

| (b) | 85 % by 31 December 2030. |
| --- | --- |

(b)

(b)

85 % by 31 December 2030.

85 % by 31 December 2030.

Amendment 335

Amendment 335

Proposal for a regulation

Proposal for a regulation

Article 55 — paragraph 2 b (new)

Article 55 — paragraph 2 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2b.
     
  The Commission shall, by 31 December 2023, adopt a delegated act in accordance with Article 73 to supplement this Regulation by establishing detailed rules regarding the calculation and verification of collection targets for waste light means of transport batteries with a view to reflecting the quantity of waste batteries available for collection. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2b.
     
  The Commission shall, by 31 December 2023, adopt a delegated act in accordance with Article 73 to supplement this Regulation by establishing detailed rules regarding the calculation and verification of collection targets for waste light means of transport batteries with a view to reflecting the quantity of waste batteries available for collection.

Amendment 336

Amendment 336

Proposal for a regulation

Proposal for a regulation

Article 55 — paragraph 3

Article 55 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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
  2024,
  review the target laid down in paragraph 1(c) .This review
  shall
  also consider introducing a calculation methodology for the calculation of the separate collection rate with a view to reflecting the quantity of waste
  portable
  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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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
  2024,
  review the target laid down in paragraph 1(c) .This review
  shall
  also consider introducing a calculation methodology for the calculation of the separate collection rate with a view to reflecting the quantity of waste
  portable
  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.

Amendment 337

Amendment 337

Proposal for a regulation

Proposal for a regulation

Article 55 — paragraph 4

Article 55 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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 |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

deleted

Amendment 338

Amendment 338

Proposal for a regulation

Proposal for a regulation

Article 56 — paragraph 1

Article 56 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Collected waste batteries shall not be
  landfilled or incinerated. | 1.   Collected waste batteries shall not be
  disposed of or be the subject of an energy recovery operation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Collected waste batteries shall not be
  landfilled or incinerated.

1.   Collected waste batteries shall not be
  disposed of or be the subject of an energy recovery operation.

Amendment 339

Amendment 339

Proposal for a regulation

Proposal for a regulation

Article 56 — paragraph 4 a (new)

Article 56 — paragraph 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4a.
     
  Member States may set up incentive schemes for economic operators that achieve higher yields than the respective thresholds set out in Parts B and C of Annex XII. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4a.
     
  Member States may set up incentive schemes for economic operators that achieve higher yields than the respective thresholds set out in Parts B and C of Annex XII.

Amendment 340

Amendment 340

Proposal for a regulation

Proposal for a regulation

Article 57 — paragraph 1

Article 57 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   All waste batteries collected shall
  enter
  a recycling process. | 1.   All waste batteries collected shall
  undergo preparation for reuse, preparation for repurposing or
  a recycling process
  , except batteries containing mercury, which shall be disposed of in a manner that does not entail any negative impacts on human health or the environment
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   All waste batteries collected shall
  enter
  a recycling process.

1.   All waste batteries collected shall
  undergo preparation for reuse, preparation for repurposing or
  a recycling process
  , except batteries containing mercury, which shall be disposed of in a manner that does not entail any negative impacts on human health or the environment
  .

Amendment 341

Amendment 341

Proposal for a regulation

Proposal for a regulation

Article 57 — paragraph 3 a (new)

Article 57 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3a.
     
  In order to enable proper sorting and reporting of lithium-ion waste batteries, the Commission shall include lithium-ion waste batteries in the list of wastes referred to in Decision 2000/532/EC as appropriate. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3a.
     
  In order to enable proper sorting and reporting of lithium-ion waste batteries, the Commission shall include lithium-ion waste batteries in the list of wastes referred to in Decision 2000/532/EC as appropriate.

Amendment 342

Amendment 342

Proposal for a regulation

Proposal for a regulation

Article 57 — paragraph 4

Article 57 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   The Commission shall, by 31 December 2023, adopt
  an implementing act to establish
  detailed rules regarding the calculation and verification of recycling efficiencies and recovery of materials.
  Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(3). | 4.   The Commission shall, by 31 December 2023, adopt
  a delegated act in accordance with Article 73 to supplement this Regulation by establishing
  detailed rules regarding the calculation and verification of recycling efficiencies and recovery of materials. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   The Commission shall, by 31 December 2023, adopt
  an implementing act to establish
  detailed rules regarding the calculation and verification of recycling efficiencies and recovery of materials.
  Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(3).

4.   The Commission shall, by 31 December 2023, adopt
  a delegated act in accordance with Article 73 to supplement this Regulation by establishing
  detailed rules regarding the calculation and verification of recycling efficiencies and recovery of materials.

Amendment 343

Amendment 343

Proposal for a regulation

Proposal for a regulation

Article 57 — paragraph 5

Article 57 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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
  evaluate and present a report on progress made on recycling efficiencies and
  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.
  If appropriate, that report shall be accompanied by a legislative proposal to increase the minimum recycling efficiencies and levels of recovered materials. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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
  evaluate and present a report on progress made on recycling efficiencies and
  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.
  If appropriate, that report shall be accompanied by a legislative proposal to increase the minimum recycling efficiencies and levels of recovered materials.

Amendment 344

Amendment 344

Proposal for a regulation

Proposal for a regulation

Article 57 — paragraph 5 a (new)

Article 57 — paragraph 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 5a.
     
  The Commission shall be empowered to adopt delegated acts, in accordance with Article 73, to extend the list of battery chemistries and materials laid down in Annex XII, Parts B and C, in light of technical and scientific progress and emerging new technologies in waste management. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5a.
     
  The Commission shall be empowered to adopt delegated acts, in accordance with Article 73, to extend the list of battery chemistries and materials laid down in Annex XII, Parts B and C, in light of technical and scientific progress and emerging new technologies in waste management.

Amendment 345

Amendment 345

Proposal for a regulation

Proposal for a regulation

Article 58 — paragraph 1

Article 58 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Treatment and recycling may be undertaken outside the Member State concerned or outside the Union, provided that the shipment of waste batteries is in compliance with Regulation (EC) No 1013/2006 and Regulation (EC) No 1418/2007. | 1.   Treatment
  , preparation for reuse, preparation for repurposing
  and recycling may be undertaken outside the Member State concerned or outside the Union, provided that the shipment of waste batteries is in compliance with Regulation (EC) No 1013/2006 and Regulation (EC) No 1418/2007 |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Treatment and recycling may be undertaken outside the Member State concerned or outside the Union, provided that the shipment of waste batteries is in compliance with Regulation (EC) No 1013/2006 and Regulation (EC) No 1418/2007.

1.   Treatment
  , preparation for reuse, preparation for repurposing
  and recycling may be undertaken outside the Member State concerned or outside the Union, provided that the shipment of waste batteries is in compliance with Regulation (EC) No 1013/2006 and Regulation (EC) No 1418/2007

Amendment 346

Amendment 346

Proposal for a regulation

Proposal for a regulation

Article 58 — paragraph 2

Article 58 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Waste batteries exported out of the Union in accordance with paragraph 1 shall only count towards the fulfilment of obligations, efficiencies and targets set out in Article 56 and Article 57 if the recycler or other waste holder exporting the waste batteries for treatment and recycling
  can prove
  that the treatment took place in conditions that are equivalent to the requirements of this Regulation. | 2.   Waste batteries exported out of the Union in accordance with paragraph 1 shall only count towards the fulfilment of obligations, efficiencies and targets set out in Article 56 and Article 57 if the recycler or other waste holder exporting the waste batteries for treatment
  , preparation for reuse, preparation for repurposing
  and recycling
  provides documentary evidence approved by the competent authority of destination
  that the treatment took place in conditions that are equivalent to the requirements of this Regulation
  and to relevant environmental and human health protection requirements in other Union legislation
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Waste batteries exported out of the Union in accordance with paragraph 1 shall only count towards the fulfilment of obligations, efficiencies and targets set out in Article 56 and Article 57 if the recycler or other waste holder exporting the waste batteries for treatment and recycling
  can prove
  that the treatment took place in conditions that are equivalent to the requirements of this Regulation.

2.   Waste batteries exported out of the Union in accordance with paragraph 1 shall only count towards the fulfilment of obligations, efficiencies and targets set out in Article 56 and Article 57 if the recycler or other waste holder exporting the waste batteries for treatment
  , preparation for reuse, preparation for repurposing
  and recycling
  provides documentary evidence approved by the competent authority of destination
  that the treatment took place in conditions that are equivalent to the requirements of this Regulation
  and to relevant environmental and human health protection requirements in other Union legislation
  .

Amendment 347

Amendment 347

Proposal for a regulation

Proposal for a regulation

Article 58 — paragraph 3

Article 58 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The Commission
  is empowered to
  adopt a delegated act, in accordance with Article 73, laying down detailed rules supplementing those in paragraph 2 of this Article, by laying down the criteria for the assessment of equivalent conditions. | 3.   The Commission
  shall
  adopt a delegated act, in accordance with Article 73, laying down detailed rules supplementing those in paragraph 2 of this Article, by laying down the criteria for the assessment of equivalent conditions
  no later than 1 July 2023
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   The Commission
  is empowered to
  adopt a delegated act, in accordance with Article 73, laying down detailed rules supplementing those in paragraph 2 of this Article, by laying down the criteria for the assessment of equivalent conditions.

3.   The Commission
  shall
  adopt a delegated act, in accordance with Article 73, laying down detailed rules supplementing those in paragraph 2 of this Article, by laying down the criteria for the assessment of equivalent conditions
  no later than 1 July 2023
  .

Amendment 348

Amendment 348

Proposal for a regulation

Proposal for a regulation

Article 59 — title

Article 59 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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 |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

light means of transport batteries,

Amendment 349

Amendment 349

Proposal for a regulation

Proposal for a regulation

Article 59 — paragraph 1

Article 59 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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
  read-only
  access to the battery management system of
  light means of transport
  batteries
  , and of batteries within stationary battery energy storage systems
  and electric vehicle batteries
  , and in portable batteries that include a battery management system
  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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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
  read-only
  access to the battery management system of
  light means of transport
  batteries
  , and of batteries within stationary battery energy storage systems
  and electric vehicle batteries
  , and in portable batteries that include a battery management system
  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.

Amendment 350

Amendment 350

Proposal for a regulation

Proposal for a regulation

Article 59 — paragraph 1 a (new)

Article 59 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a.
     
  All used stationary battery energy storage systems and electric vehicle batteries shall be assessed to determine whether they are suitable for reuse, repurposing or remanufacturing. If the assessment shows that such batteries are suitable for reuse, they shall be reused. If the assessment shows that they are not suitable for reuse, but suitable for repurposing or remanufacturing, they shall be repurposed or remanufactured. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1a.
     
  All used stationary battery energy storage systems and electric vehicle batteries shall be assessed to determine whether they are suitable for reuse, repurposing or remanufacturing. If the assessment shows that such batteries are suitable for reuse, they shall be reused. If the assessment shows that they are not suitable for reuse, but suitable for repurposing or remanufacturing, they shall be repurposed or remanufactured.

Amendment 351

Amendment 351

Proposal for a regulation

Proposal for a regulation

Article 59 — paragraph 2

Article 59 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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
  preparation for repurposing,
  repurposing or remanufacturing operations shall be given adequate access on equal terms and conditions, to the information relevant for the handling and testing of
  light means of transport batteries,
  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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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
  preparation for repurposing,
  repurposing or remanufacturing operations shall be given adequate access on equal terms and conditions, to the information relevant for the handling and testing of
  light means of transport batteries,
  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.

Amendment 352

Amendment 352

Proposal for a regulation

Proposal for a regulation

Article 59 — paragraph 3

Article 59 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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
  preparation for repurposing,
  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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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
  preparation for repurposing,
  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.

Amendment 353

Amendment 353

Proposal for a regulation

Proposal for a regulation

Article 59 — paragraph 4 — subparagraph 1

Article 59 — paragraph 4 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   Operators carrying out repurposing or remanufacturing operations of batteries shall ensure that the repurposed or remanufactured battery complies with this Regulation, relevant product, environmental and human health protection requirements in other legislation and technical requirements for its specific purpose of use when placed on the market. | 4.   Operators carrying out
  preparation for repurposing,
  repurposing or remanufacturing operations of batteries shall ensure that the repurposed or remanufactured battery complies with this Regulation, relevant product, environmental and human health protection requirements in other legislation and technical requirements for its specific purpose of use when placed on the market. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   Operators carrying out repurposing or remanufacturing operations of batteries shall ensure that the repurposed or remanufactured battery complies with this Regulation, relevant product, environmental and human health protection requirements in other legislation and technical requirements for its specific purpose of use when placed on the market.

4.   Operators carrying out
  preparation for repurposing,
  repurposing or remanufacturing operations of batteries shall ensure that the repurposed or remanufactured battery complies with this Regulation, relevant product, environmental and human health protection requirements in other legislation and technical requirements for its specific purpose of use when placed on the market.

Amendment 354

Amendment 354

Proposal for a regulation

Proposal for a regulation

Article 59 — paragraph 4 — subparagraph 2

Article 59 — paragraph 4 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| A battery that has been repurposed or remanufactured shall not be subject to the obligations laid down in Article 7(1), (2) and (3), Article 8(1), (2) and (3),
  Article 10(1) and (2)
  and Article 39(1) where the economic operator placing a repurposed or remanufactured battery on the market can demonstrate that the battery, before its repurposing or remanufacturing, was placed on the market before the dates on which those obligations become applicable in accordance with those Articles. | A battery that has been repurposed or remanufactured shall not be subject to the obligations laid down in Article 7(1), (2) and (3), Article 8(1), (2) and (3),and Article 39(1) where the economic operator placing a repurposed or remanufactured battery on the market can demonstrate that the battery, before its repurposing or remanufacturing, was placed on the market before the dates on which those obligations become applicable in accordance with those Articles. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

A battery that has been repurposed or remanufactured shall not be subject to the obligations laid down in Article 7(1), (2) and (3), Article 8(1), (2) and (3),
  Article 10(1) and (2)
  and Article 39(1) where the economic operator placing a repurposed or remanufactured battery on the market can demonstrate that the battery, before its repurposing or remanufacturing, was placed on the market before the dates on which those obligations become applicable in accordance with those Articles.

Article 10(1) and (2)

A battery that has been repurposed or remanufactured shall not be subject to the obligations laid down in Article 7(1), (2) and (3), Article 8(1), (2) and (3),and Article 39(1) where the economic operator placing a repurposed or remanufactured battery on the market can demonstrate that the battery, before its repurposing or remanufacturing, was placed on the market before the dates on which those obligations become applicable in accordance with those Articles.

Amendment 355

Amendment 355

Proposal for a regulation

Proposal for a regulation

Article 59 — paragraph 4 — subparagraph 2 a (new)

Article 59 — paragraph 4 — subparagraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Operators placing repurposed or remanufactured batteries on the market shall be considered the new producer of the battery and thus be registered in accordance with Article 46 and shall have an extended producer responsibility in accordance with Article 47. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Operators placing repurposed or remanufactured batteries on the market shall be considered the new producer of the battery and thus be registered in accordance with Article 46 and shall have an extended producer responsibility in accordance with Article 47.

Operators placing repurposed or remanufactured batteries on the market shall be considered the new producer of the battery and thus be registered in accordance with Article 46 and shall have an extended producer responsibility in accordance with Article 47.

Amendment 356

Amendment 356

Proposal for a regulation

Proposal for a regulation

Article 59 — paragraph 5 — introductory part

Article 59 — paragraph 5 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   In order to document that a waste battery, subject to a repurposing or remanufacturing operation, is no longer waste,
  the battery holder
  shall demonstrate the following upon request by a competent authority: | 5.   In order to document that a waste battery, subject to a repurposing or remanufacturing operation, is no longer waste,
  operators carrying out repurposing or remanufacturing operations
  shall demonstrate the following upon request by a competent authority: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.   In order to document that a waste battery, subject to a repurposing or remanufacturing operation, is no longer waste,
  the battery holder
  shall demonstrate the following upon request by a competent authority:

5.   In order to document that a waste battery, subject to a repurposing or remanufacturing operation, is no longer waste,
  operators carrying out repurposing or remanufacturing operations
  shall demonstrate the following upon request by a competent authority:

Amendment 357

Amendment 357

Proposal for a regulation

Proposal for a regulation

Article 60 — paragraph 1 — subparagraph 1 — point a

Article 60 — paragraph 1 — subparagraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | 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; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

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;

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

(a)

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

and recommendations

reuse,

, preparation for repurposing, repurposing and remanufacturing

Amendment 358

Amendment 358

Proposal for a regulation

Proposal for a regulation

Article 60 — paragraph 1 — subparagraph 1 — point c

Article 60 — paragraph 1 — subparagraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | the separate collection, preparation for re-use and recycling systems available for waste batteries; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

the separate collection, preparation for re-use and recycling systems available for waste batteries;

| (c) | the separate collection,
  take-back and collection points,
  preparation for re-use
  , preparation for repurposing, repurposing, remanufacturing
  and recycling systems available for waste batteries; |
| --- | --- |

(c)

the separate collection,
  take-back and collection points,
  preparation for re-use
  , preparation for repurposing, repurposing, remanufacturing
  and recycling systems available for waste batteries;

take-back and collection points,

, preparation for repurposing, repurposing, remanufacturing

Amendment 359

Amendment 359

Proposal for a regulation

Proposal for a regulation

Article 60 — paragraph 1 — subparagraph 1 — point f

Article 60 — paragraph 1 — subparagraph 1 — point f

| Text proposed by the Commission | Amendment |
| --- | --- |
| (f) | the impact of substances contained in batteries on the environment and on human health, including impact due to inappropriate discarding of waste batteries such as littering or discarding as unsorted municipal waste. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(f)

the impact of substances contained in batteries on the environment and on human health, including impact due to inappropriate discarding of waste batteries such as littering or discarding as unsorted municipal waste.

| (f) | the impact of substances
  , in particular hazardous substances,
  contained in batteries on the environment and on human health, including impact due to inappropriate discarding of waste batteries such as littering or discarding as unsorted municipal waste. |
| --- | --- |

(f)

the impact of substances
  , in particular hazardous substances,
  contained in batteries on the environment and on human health, including impact due to inappropriate discarding of waste batteries such as littering or discarding as unsorted municipal waste.

, in particular hazardous substances,

Amendment 360

Amendment 360

Proposal for a regulation

Proposal for a regulation

Article 60 — paragraph 1 — subparagraph 2 — point b

Article 60 — paragraph 1 — subparagraph 2 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | in a language, which can be easily understood by consumers and other
  end-users
  , as determined by the Member State concerned. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

in a language, which can be easily understood by consumers and other
  end-users
  , as determined by the Member State concerned.

end-users

| (b) | in a language, which can be easily understood by consumers and other
  end- users
  ,
  and accessible for persons with disabilities in accordance with Directive (EU) 2019/882
  as determined by the Member State concerned. |
| --- | --- |

(b)

in a language, which can be easily understood by consumers and other
  end- users
  ,
  and accessible for persons with disabilities in accordance with Directive (EU) 2019/882
  as determined by the Member State concerned.

end- users

and accessible for persons with disabilities in accordance with Directive (EU) 2019/882

Amendment 361

Amendment 361

Proposal for a regulation

Proposal for a regulation

Article 60 — paragraph 2

Article 60 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Producers shall make available to distributors and operators referred to in Articles 50, 52 and 53 and other waste management operators carrying out repair, remanufacturing, preparing for re-use, treatment and recycling activities information regarding the safety and protective measures, including on occupational safety, applicable to the storage and collection of waste batteries. | 2.   Producers shall make available to distributors and operators referred to in Articles 50, 52 and 53 and other waste management operators carrying out repair, remanufacturing, preparing for re-use, treatment and recycling activities information regarding the
  components and materials of batteries as well as the location of all hazardous substances in batteries. Producers shall make available information regarding the
  safety and protective measures, including on occupational safety, applicable to the storage and collection of waste batteries. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Producers shall make available to distributors and operators referred to in Articles 50, 52 and 53 and other waste management operators carrying out repair, remanufacturing, preparing for re-use, treatment and recycling activities information regarding the safety and protective measures, including on occupational safety, applicable to the storage and collection of waste batteries.

2.   Producers shall make available to distributors and operators referred to in Articles 50, 52 and 53 and other waste management operators carrying out repair, remanufacturing, preparing for re-use, treatment and recycling activities information regarding the
  components and materials of batteries as well as the location of all hazardous substances in batteries. Producers shall make available information regarding the
  safety and protective measures, including on occupational safety, applicable to the storage and collection of waste batteries.

Amendment 362

Amendment 362

Proposal for a regulation

Proposal for a regulation

Article 60 — paragraph 3 — subparagraph 1 — introductory part

Article 60 — paragraph 3 — subparagraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   From the moment that a battery model is supplied within the territory of a Member State producers shall make available electronically, upon request, to waste management operators carrying out repair, remanufacturing, preparing for re-use, treatment and recycling activities, as far as it is needed by those operators to carry out those activities, the following battery model specific information regarding the proper and environmentally sound treatment of waste batteries: | 3.   From the moment that a battery model is supplied within the territory of a Member State producers shall make available electronically,
  free of charge and
  upon request, to waste management operators carrying out repair, remanufacturing, preparing for re-use, treatment and recycling activities, as far as it is needed by those operators to carry out those activities, the following battery model specific information regarding the proper and environmentally sound treatment of waste batteries: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   From the moment that a battery model is supplied within the territory of a Member State producers shall make available electronically, upon request, to waste management operators carrying out repair, remanufacturing, preparing for re-use, treatment and recycling activities, as far as it is needed by those operators to carry out those activities, the following battery model specific information regarding the proper and environmentally sound treatment of waste batteries:

3.   From the moment that a battery model is supplied within the territory of a Member State producers shall make available electronically,
  free of charge and
  upon request, to waste management operators carrying out repair, remanufacturing, preparing for re-use, treatment and recycling activities, as far as it is needed by those operators to carry out those activities, the following battery model specific information regarding the proper and environmentally sound treatment of waste batteries:

Amendment 363

Amendment 363

Proposal for a regulation

Proposal for a regulation

Article 60 — paragraph 3 — subparagraph 1 — point a

Article 60 — paragraph 3 — subparagraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | the processes to ensure the dismantling of vehicles and appliances in a way that allows the removal of incorporated batteries; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

the processes to ensure the dismantling of vehicles and appliances in a way that allows the removal of incorporated batteries;

| (a) | the processes to ensure the dismantling of
  light means of transport,
  vehicles and appliances in a way that allows the removal of incorporated batteries; |
| --- | --- |

(a)

the processes to ensure the dismantling of
  light means of transport,
  vehicles and appliances in a way that allows the removal of incorporated batteries;

light means of transport,

Amendment 364

Amendment 364

Proposal for a regulation

Proposal for a regulation

Article 60 — paragraph 3 — subparagraph 1 — point b

Article 60 — paragraph 3 — subparagraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | the safety and protective measures, including on occupational safety, applicable to the storage, transport, treatment and recycling processes for waste batteries. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

the safety and protective measures, including on occupational safety, applicable to the storage, transport, treatment and recycling processes for waste batteries.

| (b) | the safety and protective measures, including on occupational safety
  and fire protection
  , applicable to the storage, transport, treatment and recycling processes for waste batteries. |
| --- | --- |

(b)

the safety and protective measures, including on occupational safety
  and fire protection
  , applicable to the storage, transport, treatment and recycling processes for waste batteries.

and fire protection

Amendment 365

Amendment 365

Proposal for a regulation

Proposal for a regulation

Article 60 — paragraph 4

Article 60 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   Distributors that supply batteries to end-users shall provide in their retail premises
  , in a visible manner,
  and through their online marketplaces the information listed in paragraph 1 and 2, and information on how the end users may return waste batteries free of charge to the respective collection points established at retail outlets or on behalf of a marketplace. That obligation shall be limited to the types of batteries which the distributor or retailer has, or had, as new batteries in its offer. | 4.   Distributors that supply batteries to end-users shall
  permanently
  provide in their retail premises and through their online marketplaces
  , in an easily accessible and clearly visible manner for the end-users of the battery,
  the information listed in paragraph 1 and 2, and information on how the end users may return waste batteries free of charge to the respective collection points established at retail outlets or on behalf of a marketplace. That obligation shall be limited to the types of batteries which the distributor or retailer has, or had, as new batteries in its offer. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   Distributors that supply batteries to end-users shall provide in their retail premises
  , in a visible manner,
  and through their online marketplaces the information listed in paragraph 1 and 2, and information on how the end users may return waste batteries free of charge to the respective collection points established at retail outlets or on behalf of a marketplace. That obligation shall be limited to the types of batteries which the distributor or retailer has, or had, as new batteries in its offer.

4.   Distributors that supply batteries to end-users shall
  permanently
  provide in their retail premises and through their online marketplaces
  , in an easily accessible and clearly visible manner for the end-users of the battery,
  the information listed in paragraph 1 and 2, and information on how the end users may return waste batteries free of charge to the respective collection points established at retail outlets or on behalf of a marketplace. That obligation shall be limited to the types of batteries which the distributor or retailer has, or had, as new batteries in its offer.

Amendment 366

Amendment 366

Proposal for a regulation

Proposal for a regulation

Article 60 — paragraph 5

Article 60 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   The costs covered by the producer under Article 47(1)(e) shall be shown separately to the end-user at the point of sale of a new battery. The costs mentioned shall not exceed the best estimate of the actual costs incurred. | 5.   The costs covered by the producer under Article 47(1)(e) shall be shown separately to the end-user at the point of sale of a new battery. The costs mentioned shall not exceed the best estimate of the actual costs incurred
  and shall not be added to the final cost of the battery charged to the consumer at the point of sale
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.   The costs covered by the producer under Article 47(1)(e) shall be shown separately to the end-user at the point of sale of a new battery. The costs mentioned shall not exceed the best estimate of the actual costs incurred.

5.   The costs covered by the producer under Article 47(1)(e) shall be shown separately to the end-user at the point of sale of a new battery. The costs mentioned shall not exceed the best estimate of the actual costs incurred
  and shall not be added to the final cost of the battery charged to the consumer at the point of sale
  .

Amendment 367

Amendment 367

Proposal for a regulation

Proposal for a regulation

Article 61 — paragraph 1 — subparagraph 1 — introductory part

Article 61 — paragraph 1 — subparagraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Producers of portable batteries or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf shall report to the competent authority for each calendar year the following information according to the battery chemistry
  , specifying the amounts of batteries powering light means of transport
  : | 1.   Producers of portable batteries or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf shall report to the competent authority for each calendar year the following information according to the battery chemistry: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

1.   Producers of portable batteries or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf shall report to the competent authority for each calendar year the following information according to the battery chemistry:

Amendment 368

Amendment 368

Proposal for a regulation

Proposal for a regulation

Article 61 — paragraph 1 — subparagraph 1 — point a a (new)

Article 61 — paragraph 1 — subparagraph 1 — point a a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (aa) | the amount of portable batteries of general use made available on the market for the first time in the territory of a Member State, excluding any portable batteries of general use that have left the territory of that Member State in that year before being sold to end users; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(aa)

(aa)

the amount of portable batteries of general use made available on the market for the first time in the territory of a Member State, excluding any portable batteries of general use that have left the territory of that Member State in that year before being sold to end users;

the amount of portable batteries of general use made available on the market for the first time in the territory of a Member State, excluding any portable batteries of general use that have left the territory of that Member State in that year before being sold to end users;

Amendment 369

Amendment 369

Proposal for a regulation

Proposal for a regulation

Article 61 — paragraph 1 — subparagraph 1 — point b a (new)

Article 61 — paragraph 1 — subparagraph 1 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | the amount of waste portable batteries of general use collected in accordance with Article 48, calculated on the basis of the methodology set out in Annex XI; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ba)

(ba)

the amount of waste portable batteries of general use collected in accordance with Article 48, calculated on the basis of the methodology set out in Annex XI;

the amount of waste portable batteries of general use collected in accordance with Article 48, calculated on the basis of the methodology set out in Annex XI;

Amendment 370

Amendment 370

Proposal for a regulation

Proposal for a regulation

Article 61 — paragraph 1 — subparagraph 1 — point d a (new)

Article 61 — paragraph 1 — subparagraph 1 — point d a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (da) | the amount of collected waste portable batteries exported to third countries for treatment, preparation for reuse, preparation for repurposing or recycling
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(da)

(da)

the amount of collected waste portable batteries exported to third countries for treatment, preparation for reuse, preparation for repurposing or recycling
  .

the amount of collected waste portable batteries exported to third countries for treatment, preparation for reuse, preparation for repurposing or recycling

Amendment 371

Amendment 371

Proposal for a regulation

Proposal for a regulation

Article 61 — paragraph 1 — subparagraph 2

Article 61 — paragraph 1 — subparagraph 2

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

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

and specifying the amounts of batteries powering light means of transport

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

Amendment 372

Amendment 372

Proposal for a regulation

Proposal for a regulation

Article 61 — paragraph 1 a (new)

Article 61 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a.
     
  Producers of light means of transport batteries or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf shall report to the competent authority for each calendar year the following information according to the chemical composition of the battery, specifying the quantities of batteries powering light means of transport: |
| | (a) | the quantity of light means of transport batteries made available on the market for the first time in the territory of a Member State, excluding any light means of transport batteries that have left the territory of that Member State in that year before being sold to end users; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1a.
     
  Producers of light means of transport batteries or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf shall report to the competent authority for each calendar year the following information according to the chemical composition of the battery, specifying the quantities of batteries powering light means of transport:

(a)

(a)

the quantity of light means of transport batteries made available on the market for the first time in the territory of a Member State, excluding any light means of transport batteries that have left the territory of that Member State in that year before being sold to end users;

the quantity of light means of transport batteries made available on the market for the first time in the territory of a Member State, excluding any light means of transport batteries that have left the territory of that Member State in that year before being sold to end users;

| (b) | the quantity of light means of transport batteries collected in accordance with Article 48a, calculated on the basis of the methodology laid down in the delegated act that shall be adopted in accordance with Article 55(2b); |
| --- | --- |

(b)

(b)

the quantity of light means of transport batteries collected in accordance with Article 48a, calculated on the basis of the methodology laid down in the delegated act that shall be adopted in accordance with Article 55(2b);

the quantity of light means of transport batteries collected in accordance with Article 48a, calculated on the basis of the methodology laid down in the delegated act that shall be adopted in accordance with Article 55(2b);

| (c) | the collection target reached by the producer or producer responsibility organisation acting on behalf of their members; |
| --- | --- |

(c)

(c)

the collection target reached by the producer or producer responsibility organisation acting on behalf of their members;

the collection target reached by the producer or producer responsibility organisation acting on behalf of their members;

| (d) | the quantity of collected light means of transport waste batteries delivered for treatment and recycling to permitted facilities; and |
| --- | --- |

(d)

(d)

the quantity of collected light means of transport waste batteries delivered for treatment and recycling to permitted facilities; and

the quantity of collected light means of transport waste batteries delivered for treatment and recycling to permitted facilities; and

| (e) | the quantity of batteries delivered for reuse, repurposing and remanufacturing. |
| --- | --- |

(e)

(e)

the quantity of batteries delivered for reuse, repurposing and remanufacturing.

the quantity of batteries delivered for reuse, repurposing and remanufacturing.

Where waste management operators other than producers or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf, collect light means of transport batteries from distributors or other take-back and collection points for light means of transport batteries, they shall report to the competent authority for each calendar year the quantity of light means of transport batteries collected with a breakdown according to chemical composition, specifying the quantities of batteries powering light means of transport.

Where waste management operators other than producers or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf, collect light means of transport batteries from distributors or other take-back and collection points for light means of transport batteries, they shall report to the competent authority for each calendar year the quantity of light means of transport batteries collected with a breakdown according to chemical composition, specifying the quantities of batteries powering light means of transport.

The operators referred to in the first and second subparagraphs shall report to the competent authority the data referred to in the first subparagraph within 4 months of the end of the reporting year for which the data are collected. The first reporting period shall concern the first full calendar year after the adoption of the implementing act that establishes the format for reporting to the Commission, in accordance with Article 62(5). The competent authorities shall establish the format and procedures in accordance with which data are to be reported to them.

The operators referred to in the first and second subparagraphs shall report to the competent authority the data referred to in the first subparagraph within 4 months of the end of the reporting year for which the data are collected. The first reporting period shall concern the first full calendar year after the adoption of the implementing act that establishes the format for reporting to the Commission, in accordance with Article 62(5). The competent authorities shall establish the format and procedures in accordance with which data are to be reported to them.

Amendment 373

Amendment 373

Proposal for a regulation

Proposal for a regulation

Article 61 — paragraph 2 — point b a (new)

Article 61 — paragraph 2 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | the amount of batteries delivered for reuse, repurposing and remanufacturing; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ba)

(ba)

the amount of batteries delivered for reuse, repurposing and remanufacturing;

the amount of batteries delivered for reuse, repurposing and remanufacturing;

Amendment 374

Amendment 374

Proposal for a regulation

Proposal for a regulation

Article 61 — paragraph 2 — point b b (new)

Article 61 — paragraph 2 — point b b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (bb) | the amount of collected waste automotive batteries, industrial batteries and electric vehicle batteries exported to third countries for treatment, preparation for reuse, preparation for repurposing or recycling. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(bb)

(bb)

the amount of collected waste automotive batteries, industrial batteries and electric vehicle batteries exported to third countries for treatment, preparation for reuse, preparation for repurposing or recycling.

the amount of collected waste automotive batteries, industrial batteries and electric vehicle batteries exported to third countries for treatment, preparation for reuse, preparation for repurposing or recycling.

Amendment 375

Amendment 375

Proposal for a regulation

Proposal for a regulation

Article 61 — paragraph 3 — subparagraph 1 — point b a (new)

Article 61 — paragraph 3 — subparagraph 1 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | the amount of collected waste automotive batteries, industrial batteries and electric vehicle batteries exported to third countries for treatment, preparation for reuse, preparation for repurposing or recycling. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ba)

(ba)

the amount of collected waste automotive batteries, industrial batteries and electric vehicle batteries exported to third countries for treatment, preparation for reuse, preparation for repurposing or recycling.

the amount of collected waste automotive batteries, industrial batteries and electric vehicle batteries exported to third countries for treatment, preparation for reuse, preparation for repurposing or recycling.

Amendment 376

Amendment 376

Proposal for a regulation

Proposal for a regulation

Article 61 — paragraph 5 — subparagraph 1 — point b

Article 61 — paragraph 5 — subparagraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | the amount of waste batteries entering recycling processes; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

the amount of waste batteries entering recycling processes;

| (b) | the amount of waste batteries entering
  preparation for repurposing and
  recycling processes; |
| --- | --- |

(b)

the amount of waste batteries entering
  preparation for repurposing and
  recycling processes;

preparation for repurposing and

Amendment 377

Amendment 377

Proposal for a regulation

Proposal for a regulation

Article 62 — paragraph 1 — subparagraph 1 — introductory part

Article 62 — paragraph 1 — subparagraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| Member States shall make publicly available in an aggregated format for each calendar year the following data on portable batteries, automotive batteries, industrial batteries and electric vehicle batteries according to battery types and their chemistries and, regarding portable batteries, identifying separately batteries powering light means of transport: | Member States shall make publicly available in an aggregated format for each calendar year the following data on portable
  batteries, light means of transport
  batteries, automotive batteries, industrial batteries and electric vehicle batteries according to battery types and their chemistries and, regarding portable batteries, identifying separately batteries powering light means of transport: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

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

batteries, light means of transport

Amendment 378

Amendment 378

Proposal for a regulation

Proposal for a regulation

Article 62 — paragraph 1 — subparagraph 1 — point b

Article 62 — paragraph 1 — subparagraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | the amount of waste batteries collected in accordance with Article 48 and 49, calculated on the basis of the methodology set out in Annex XI; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

the amount of waste batteries collected in accordance with Article 48 and 49, calculated on the basis of the methodology set out in Annex XI;

| (b) | the amount of waste batteries collected in accordance with Article 48
  , 48a
  and 49, calculated on the basis of the methodology set out in Annex XI; |
| --- | --- |

(b)

the amount of waste batteries collected in accordance with Article 48
  , 48a
  and 49, calculated on the basis of the methodology set out in Annex XI;

, 48a

Amendment 379

Amendment 379

Proposal for a regulation

Proposal for a regulation

Article 64 — paragraph 1 a (new)

Article 64 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a.
     
  The system shall serve the following purposes: |
| | (a) | supporting market surveillance authorities in carrying out their tasks under this Regulation and the relevant delegated acts, including the enforcement by those authorities of the Regulation; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1a.
     
  The system shall serve the following purposes:

(a)

(a)

supporting market surveillance authorities in carrying out their tasks under this Regulation and the relevant delegated acts, including the enforcement by those authorities of the Regulation;

supporting market surveillance authorities in carrying out their tasks under this Regulation and the relevant delegated acts, including the enforcement by those authorities of the Regulation;

| (b) | providing the public with information about batteries placed on the market and their sustainability and safety requirements, and battery information sheets; |
| --- | --- |

(b)

(b)

providing the public with information about batteries placed on the market and their sustainability and safety requirements, and battery information sheets;

providing the public with information about batteries placed on the market and their sustainability and safety requirements, and battery information sheets;

| (c) | providing the Commission and accredited remanufacturers, second-life operators and recyclers with up-to-date information for batteries. |
| --- | --- |

(c)

(c)

providing the Commission and accredited remanufacturers, second-life operators and recyclers with up-to-date information for batteries.

providing the Commission and accredited remanufacturers, second-life operators and recyclers with up-to-date information for batteries.

Amendment 380

Amendment 380

Proposal for a regulation

Proposal for a regulation

Article 64 — paragraph 2

Article 64 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The system shall contain the information and data on
  rechargeable
  industrial batteries and electric vehicle batteries
  with internal storage and a capacity above 2 kWh
  as laid down in Annex XIII. That information and data shall be sortable and searchable, respecting open standards for third party use. | 2.   The system shall contain the information and data on
  light means of transport batteries,
  industrial batteries and electric vehicle batteries as laid down in Annex XIII. That information and data shall be sortable and searchable, respecting open standards for third party use.
  The system shall also contain a regularly updated database for all batteries falling under this Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The system shall contain the information and data on
  rechargeable
  industrial batteries and electric vehicle batteries
  with internal storage and a capacity above 2 kWh
  as laid down in Annex XIII. That information and data shall be sortable and searchable, respecting open standards for third party use.

2.   The system shall contain the information and data on
  light means of transport batteries,
  industrial batteries and electric vehicle batteries as laid down in Annex XIII. That information and data shall be sortable and searchable, respecting open standards for third party use.
  The system shall also contain a regularly updated database for all batteries falling under this Regulation.

Amendment 381

Amendment 381

Proposal for a regulation

Proposal for a regulation

Article 64 — paragraph 3

Article 64 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The economic operators that place a 
  rechargeable
  industrial battery or an electric vehicle battery
  with internal storage
  on the market shall make the information referred to in paragraph 2 available electronically in a machine readable format using interoperable and easily accessible data services in the format established in accordance with paragraph 5. | 3.   The economic operators that place a 
  light means of transport battery,
  industrial battery or an electric vehicle battery on the market shall make the information referred to in paragraph 2 available electronically in a machine readable format using interoperable and easily accessible data services in the format established in accordance with paragraph 5. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   The economic operators that place a 
  rechargeable
  industrial battery or an electric vehicle battery
  with internal storage
  on the market shall make the information referred to in paragraph 2 available electronically in a machine readable format using interoperable and easily accessible data services in the format established in accordance with paragraph 5.

3.   The economic operators that place a 
  light means of transport battery,
  industrial battery or an electric vehicle battery on the market shall make the information referred to in paragraph 2 available electronically in a machine readable format using interoperable and easily accessible data services in the format established in accordance with paragraph 5.

Amendment 382

Amendment 382

Proposal for a regulation

Proposal for a regulation

Article 64 — paragraph 4 a (new)

Article 64 — paragraph 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4 a.
     
  The system shall not replace or modify the responsibilities of the market surveillance authorities. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4 a.
     
  The system shall not replace or modify the responsibilities of the market surveillance authorities.

Amendment 383

Amendment 383

Proposal for a regulation

Proposal for a regulation

Article 64 — paragraph 5 — subparagraph 1 — introductory part

Article 64 — paragraph 5 — subparagraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   The Commission shall, by 31 December 2024, adopt
  implementing acts to establish
  : | 5.   The Commission shall, by 31 December 2024, adopt
  a delegated act in accordance with Article 73 to supplement this Regulation by establishing
  : |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.   The Commission shall, by 31 December 2024, adopt
  implementing acts to establish
  :

5.   The Commission shall, by 31 December 2024, adopt
  a delegated act in accordance with Article 73 to supplement this Regulation by establishing
  :

Amendment 384

Amendment 384

Proposal for a regulation

Proposal for a regulation

Article 64 — paragraph 5 — subparagraph 2

Article 64 — paragraph 5 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(3). | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(3).

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(3).

deleted

deleted

Amendment 385

Amendment 385

Proposal for a regulation

Proposal for a regulation

Article 65 — paragraph 1

Article 65 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   By 1 January 2026, each industrial battery
  and
  electric vehicle battery placed on the market or put into service
  and whose capacity is higher than 2 kWh
  shall have an electronic record (‘battery passport’). | 1.   By 1 January 2026, each industrial battery, electric vehicle
  battery and light means of transport
  battery placed on the market or put into service shall have an electronic record (‘battery passport’). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   By 1 January 2026, each industrial battery
  and
  electric vehicle battery placed on the market or put into service
  and whose capacity is higher than 2 kWh
  shall have an electronic record (‘battery passport’).

1.   By 1 January 2026, each industrial battery, electric vehicle
  battery and light means of transport
  battery placed on the market or put into service shall have an electronic record (‘battery passport’).

Amendment 386

Amendment 386

Proposal for a regulation

Proposal for a regulation

Article 65 — paragraph 3

Article 65 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The battery passport shall be linked to the information about the basic characteristics of each battery type and model stored in the data sources of the System established pursuant to Article 64. The economic operator that places an industrial battery or an electric vehicle battery on the market shall ensure that the data included in the battery passport is accurate, complete and up-to-date. | 3.   
  For industrial batteries and electric vehicle batteries,
  the battery passport shall be linked to the information about the basic characteristics of each battery type and model stored in the data sources of the System established pursuant to Article 64.The economic operator that places an industrial battery or an electric vehicle battery on the market shall ensure that the data included in the battery passport is accurate, complete and up-to-date. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

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

Amendment 387

Amendment 387

Proposal for a regulation

Proposal for a regulation

Article 65 — paragraph 3 a (new)

Article 65 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3a.
     
  For light means of transport batteries, the battery passport shall contain the information described in Article 13 (5) points (a) to (d), and points (i) and (j), and updated information about the battery, linked to changes to its status. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3a.
     
  For light means of transport batteries, the battery passport shall contain the information described in Article 13 (5) points (a) to (d), and points (i) and (j), and updated information about the battery, linked to changes to its status.

Amendment 388

Amendment 388

Proposal for a regulation

Proposal for a regulation

Article 65 — paragraph 4

Article 65 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   The battery passport shall be accessible online, through electronic
  systems interoperable
  with the System established pursuant to Article 64. | 4.   The battery passport shall be accessible online, through electronic
  systems that are interoperable
  with the System established pursuant to Article 64
  , and via the QR code referred to in Article 13(5)
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   The battery passport shall be accessible online, through electronic
  systems interoperable
  with the System established pursuant to Article 64.

4.   The battery passport shall be accessible online, through electronic
  systems that are interoperable
  with the System established pursuant to Article 64
  , and via the QR code referred to in Article 13(5)
  .

Amendment 389

Amendment 389

Proposal for a regulation

Proposal for a regulation

Article 65 — paragraph 5

Article 65 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   The battery passport shall allow access to information about the values for performance and durability parameters referred to in Article 10(1), when the battery is placed on the market and when it is subject to changes in its status. | 5.   The battery passport shall allow access to information about the values for performance and durability parameters referred to in Article 10(1),
  as well as to information on the state of health of the battery pursuant to Article 14,
  when the battery is placed on the market and when it is subject to changes in its status. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.   The battery passport shall allow access to information about the values for performance and durability parameters referred to in Article 10(1), when the battery is placed on the market and when it is subject to changes in its status.

5.   The battery passport shall allow access to information about the values for performance and durability parameters referred to in Article 10(1),
  as well as to information on the state of health of the battery pursuant to Article 14,
  when the battery is placed on the market and when it is subject to changes in its status.

Amendment 390

Amendment 390

Proposal for a regulation

Proposal for a regulation

Article 65 — paragraph 6

Article 65 — paragraph 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| 6.   When the change in the status is due to
  repairing or
  repurposing activities, the responsibility for the battery record in the battery passport shall be transferred to the economic operator that is considered to place the industrial battery
  or
  the electric vehicle battery on the market or that puts it into service. | 6.   When the change in the status is due to repurposing
  or remanufacturing
  activities, the responsibility for the battery record in the battery passport shall be transferred to the economic operator that is considered to place the industrial battery, the electric vehicle
  battery or the light means of transport
  battery on the market or that puts it into service.
  The record for repurposed or remanufactured batteries shall be linked to the record of the original battery. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

6.   When the change in the status is due to repurposing
  or remanufacturing
  activities, the responsibility for the battery record in the battery passport shall be transferred to the economic operator that is considered to place the industrial battery, the electric vehicle
  battery or the light means of transport
  battery on the market or that puts it into service.
  The record for repurposed or remanufactured batteries shall be linked to the record of the original battery.

Amendment 391

Amendment 391

Proposal for a regulation

Proposal for a regulation

Article 65 — paragraph 7 — introductory part

Article 65 — paragraph 7 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 7.   The Commission is empowered to adopt
  implementing acts to
  establish the rules for accessing, sharing, managing, exploring, publishing and reusing of the information and data accessible through the battery passport. | 7.   The Commission is empowered to adopt
  delegated acts in accordance with Article 73 to
  establish the rules for accessing, sharing, managing, exploring, publishing and reusing of the information and data accessible through the battery passport. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7.   The Commission is empowered to adopt
  implementing acts to
  establish the rules for accessing, sharing, managing, exploring, publishing and reusing of the information and data accessible through the battery passport.

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

Amendment 392

Amendment 392

Proposal for a regulation

Proposal for a regulation

Article 65 — paragraph 7 — subparagraph 1

Article 65 — paragraph 7 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(3). | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(3).

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(3).

deleted

deleted

Amendment 393

Amendment 393

Proposal for a regulation

Proposal for a regulation

Article 66 — paragraph 1 — subparagraph 1

Article 66 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   
  Where the
  market surveillance authorities
  of one Member State have sufficient reason to believe that a battery covered by this Regulation presents a risk to human health or safety of persons, to property or to the environment, they
  shall
  carry out an evaluation in relation to the battery concerned
  covering all relevant requirements laid down in this Regulation. | 1.   Market surveillance authorities shall
  perform appropriate checks on batteries made available online and offline on an adequate scale, by means of documentary checks and, where appropriate, physical and laboratory checks based on adequate samples,
  covering all relevant requirements laid down in this Regulation.
  Market surveillance authorities may send batteries to the Union testing facility referred to in Article 68a for such an evaluation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   
  Where the
  market surveillance authorities
  of one Member State have sufficient reason to believe that a battery covered by this Regulation presents a risk to human health or safety of persons, to property or to the environment, they
  shall
  carry out an evaluation in relation to the battery concerned
  covering all relevant requirements laid down in this Regulation.

1.   Market surveillance authorities shall
  perform appropriate checks on batteries made available online and offline on an adequate scale, by means of documentary checks and, where appropriate, physical and laboratory checks based on adequate samples,
  covering all relevant requirements laid down in this Regulation.
  Market surveillance authorities may send batteries to the Union testing facility referred to in Article 68a for such an evaluation.

Amendment 394

Amendment 394

Proposal for a regulation

Proposal for a regulation

Article 66 — paragraph 1 — subparagraph 1 a (new)

Article 66 — paragraph 1 — subparagraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | By ... [two years after the entry into force of this Regulation] the Commission shall adopt implementing acts to establish the uniform conditions for checks, criteria for determination of the frequency of checks and the amount of samples to be checked in accordance with Article 11(4) of Regulation (EU) 2019/1020. |
| | Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(3). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

By ... [two years after the entry into force of this Regulation] the Commission shall adopt implementing acts to establish the uniform conditions for checks, criteria for determination of the frequency of checks and the amount of samples to be checked in accordance with Article 11(4) of Regulation (EU) 2019/1020.

By ... [two years after the entry into force of this Regulation] the Commission shall adopt implementing acts to establish the uniform conditions for checks, criteria for determination of the frequency of checks and the amount of samples to be checked in accordance with Article 11(4) of Regulation (EU) 2019/1020.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(3).

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(3).

Amendment 395

Amendment 395

Proposal for a regulation

Proposal for a regulation

Article 66 — paragraph 2

Article 66 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   
  Where
  the market surveillance authorities
  consider that non-compliance is not restricted to their national territory, they
  shall inform the Commission and the other Member States of the results of the evaluation and of the actions which they have required the economic operator to take. | 2.   The market surveillance authorities shall inform the Commission and the other Member States of the results of the evaluation and of the actions which they have required the economic operator to take. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   
  Where
  the market surveillance authorities
  consider that non-compliance is not restricted to their national territory, they
  shall inform the Commission and the other Member States of the results of the evaluation and of the actions which they have required the economic operator to take.

2.   The market surveillance authorities shall inform the Commission and the other Member States of the results of the evaluation and of the actions which they have required the economic operator to take.

Amendment 396

Amendment 396

Proposal for a regulation

Proposal for a regulation

Article 66 — paragraph 5 — point a

Article 66 — paragraph 5 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | failure of the battery to meet the requirements set out in Chapter II or III of this Regulation |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

failure of the battery to meet the requirements set out in Chapter II or III of this Regulation

| (a) | failure of the battery to meet the requirements set out in Chapter II or III
  or Article 39
  of this Regulation |
| --- | --- |

(a)

failure of the battery to meet the requirements set out in Chapter II or III
  or Article 39
  of this Regulation

or Article 39

Amendment 397

Amendment 397

Proposal for a regulation

Proposal for a regulation

Article 66 — paragraph 8 a (new)

Article 66 — paragraph 8 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 8 a.
     
  Consumers shall be enabled to enter information on batteries presenting a risk to consumers in a separate section of the Community Rapid Information System (RAPEX) provided for in Article 12 of Directive 2001/95/EC. The Commission shall take due account of the information received and ensure follow-up, including transmission of the information to the relevant national authorities, where appropriate. |
| | The Commission shall adopt an implementing act in accordance with the advisory procedure referred to in Article 74(2) to establish the modalities for the transmission of the information referred to in the first subparagraph as well as for the transmission of such information to the relevant national authorities for follow-up. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

8 a.
     
  Consumers shall be enabled to enter information on batteries presenting a risk to consumers in a separate section of the Community Rapid Information System (RAPEX) provided for in Article 12 of Directive 2001/95/EC. The Commission shall take due account of the information received and ensure follow-up, including transmission of the information to the relevant national authorities, where appropriate.

The Commission shall adopt an implementing act in accordance with the advisory procedure referred to in Article 74(2) to establish the modalities for the transmission of the information referred to in the first subparagraph as well as for the transmission of such information to the relevant national authorities for follow-up.

The Commission shall adopt an implementing act in accordance with the advisory procedure referred to in Article 74(2) to establish the modalities for the transmission of the information referred to in the first subparagraph as well as for the transmission of such information to the relevant national authorities for follow-up.

Amendment 398

Amendment 398

Proposal for a regulation

Proposal for a regulation

Article 67 — paragraph 1 — subparagraph 1

Article 67 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Where, on completion of the procedure set out in Article 66(3) and (4), objections are raised against a measure taken by a Member State, or where the Commission considers a national measure to be contrary to Union legislation, the Commission shall without delay enter into consultation with the Member States and the relevant economic operator or operators and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall decide by means of an implementing act whether the national measure is justified or not. | 1.   Where, on completion of the procedure set out in Article 66(3) and (4), objections are raised against a measure taken by a Member State, or where the Commission considers a national measure to be contrary to Union legislation, the Commission shall without delay enter into consultation with the Member States and the relevant economic operator or operators and shall evaluate the national measure.
  The Commission shall conclude that evaluation within one month.
  On the basis of the results of that evaluation, the Commission shall decide by means of an implementing act whether the national measure is justified or not. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Where, on completion of the procedure set out in Article 66(3) and (4), objections are raised against a measure taken by a Member State, or where the Commission considers a national measure to be contrary to Union legislation, the Commission shall without delay enter into consultation with the Member States and the relevant economic operator or operators and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall decide by means of an implementing act whether the national measure is justified or not.

1.   Where, on completion of the procedure set out in Article 66(3) and (4), objections are raised against a measure taken by a Member State, or where the Commission considers a national measure to be contrary to Union legislation, the Commission shall without delay enter into consultation with the Member States and the relevant economic operator or operators and shall evaluate the national measure.
  The Commission shall conclude that evaluation within one month.
  On the basis of the results of that evaluation, the Commission shall decide by means of an implementing act whether the national measure is justified or not.

Amendment 399

Amendment 399

Proposal for a regulation

Proposal for a regulation

Article 68 — paragraph 1

Article 68 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Where, having carried out an evaluation under Article 67(1), a Member State finds that although a battery is in compliance with the requirements set out in Chapters II and III, it presents a risk to the human health or safety of persons, to the protection of property or to the environment, it shall require the relevant economic operator to take all appropriate measures to ensure that the battery concerned, when placed on the market, no longer presents that risk, to withdraw the battery from the market or to recall it, within a reasonable period which is commensurate with the nature of that risk. | 1.   Where, having carried out an evaluation under Article 67(1), a Member State finds that although a battery is in compliance with the requirements set out in Chapters II and III, it presents a risk
  or may reasonably be considered to present a risk
  to the human health or safety of persons, to the protection of property or to the environment, it shall require the relevant economic operator to take all appropriate measures to ensure that the battery concerned, when placed on the market, no longer presents that risk, to withdraw the battery from the market or to recall it, within a reasonable period which is commensurate with the nature of that risk. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Where, having carried out an evaluation under Article 67(1), a Member State finds that although a battery is in compliance with the requirements set out in Chapters II and III, it presents a risk to the human health or safety of persons, to the protection of property or to the environment, it shall require the relevant economic operator to take all appropriate measures to ensure that the battery concerned, when placed on the market, no longer presents that risk, to withdraw the battery from the market or to recall it, within a reasonable period which is commensurate with the nature of that risk.

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

Amendment 400

Amendment 400

Proposal for a regulation

Proposal for a regulation

Article 68 — paragraph 3

Article 68 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The Member State shall immediately inform the Commission and the other Member States. That information shall include all available details, in particular the data necessary for the identification of the batteries concerned, the origin and the
  supply
  chain of the battery, the nature of the risk involved and the nature and duration of the national measures taken. | 3.   The Member State shall immediately inform the Commission and the other Member States. That information shall include all available details, in particular the data necessary for the identification of the batteries concerned, the origin and the
  value
  chain of the battery, the nature of the risk involved and the nature and duration of the national measures taken. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   The Member State shall immediately inform the Commission and the other Member States. That information shall include all available details, in particular the data necessary for the identification of the batteries concerned, the origin and the
  supply
  chain of the battery, the nature of the risk involved and the nature and duration of the national measures taken.

3.   The Member State shall immediately inform the Commission and the other Member States. That information shall include all available details, in particular the data necessary for the identification of the batteries concerned, the origin and the
  value
  chain of the battery, the nature of the risk involved and the nature and duration of the national measures taken.

Amendment 401

Amendment 401

Proposal for a regulation

Proposal for a regulation

Article 68 a (new)

Article 68 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 68a




  Union testing facility





  1.
     
  By ... [two years after the entry into force of this Regulation], the Commission shall designate a Union testing facility specialised in batteries in accordance with Article 21(2), second subparagraph, of Regulation (EU) 2019/1020.






  2.
     
  The Union testing facility shall serve as a competence centre for:










  (a) | providing, by way of derogation from Article 21(6)(b) of Regulation(EU) 2019/1020, independent technical and scientific advice to the Commission in the course of the investigations referred to in Article 32 of this Regulation and in the course of the evaluations referred to in Articles 67(1) and 68(4) of this Regulation; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 68a

Union testing facility

1.
     
  By ... [two years after the entry into force of this Regulation], the Commission shall designate a Union testing facility specialised in batteries in accordance with Article 21(2), second subparagraph, of Regulation (EU) 2019/1020.

2.
     
  The Union testing facility shall serve as a competence centre for:

(a)

providing, by way of derogation from Article 21(6)(b) of Regulation(EU) 2019/1020, independent technical and scientific advice to the Commission in the course of the investigations referred to in Article 32 of this Regulation and in the course of the evaluations referred to in Articles 67(1) and 68(4) of this Regulation;

| (b) | carrying out the testing of batteries at the request of market surveillance authorities for the purpose of the evaluation referred to in Article 66(1). |
| --- | --- |

(b)

carrying out the testing of batteries at the request of market surveillance authorities for the purpose of the evaluation referred to in Article 66(1).

Amendment 402

Amendment 402

Proposal for a regulation

Proposal for a regulation

Article 68 b (new)

Article 68 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 68b




  National battery competence centres





  1.
     
  Market surveillance authorities shall agree with the organisations representing economic operators and research centres to set up a national battery competence centre in each Member State.






  2.
     
  National battery competence centres referred to in paragraph 1 shall carry out activities that have the aim of promoting compliance, identifying non-compliance, raising awareness and providing guidance and technical advice in relation to the requirements of this Regulation. Where relevant, other stakeholders, such as organisations representing end-users, may also participate in the activities of the national battery competence centres.






  3.
     
  In accordance with Article 9(2) of Regulation (EU) 2019/1020, the market surveillance authority and the parties referred to in paragraph 1 shall ensure that the activities carried out by national battery competence centres do not lead to unfair competition between economic operators and do not affect the objectivity, independence and impartiality of the parties. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 68b

National battery competence centres

1.
     
  Market surveillance authorities shall agree with the organisations representing economic operators and research centres to set up a national battery competence centre in each Member State.

2.
     
  National battery competence centres referred to in paragraph 1 shall carry out activities that have the aim of promoting compliance, identifying non-compliance, raising awareness and providing guidance and technical advice in relation to the requirements of this Regulation. Where relevant, other stakeholders, such as organisations representing end-users, may also participate in the activities of the national battery competence centres.

3.
     
  In accordance with Article 9(2) of Regulation (EU) 2019/1020, the market surveillance authority and the parties referred to in paragraph 1 shall ensure that the activities carried out by national battery competence centres do not lead to unfair competition between economic operators and do not affect the objectivity, independence and impartiality of the parties.

Amendment 403

Amendment 403

Proposal for a regulation

Proposal for a regulation

Article 69 — paragraph 1 — introductory part

Article 69 — paragraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Without prejudice to Article 66, where a Member State finds that a battery falling outside the scope of Article 68 is non-compliant with this Regulation or an economic operator has infringed an obligation set out in this Regulation, shall require the relevant economic operator to put an end to the non-compliance concerned. Such non compliances shall include the following: | 1.   Without prejudice to Article 66, where a Member State finds that a battery falling outside the scope of Article 68 is non-compliant with this Regulation or an economic operator has infringed an obligation set out in this Regulation, shall require the relevant economic operator to put an end to the non-compliance concerned.
  To facilitate this task, Member States shall establish easily accessible reporting channels for consumers on non-compliance.
  Such non compliances shall include the following: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Without prejudice to Article 66, where a Member State finds that a battery falling outside the scope of Article 68 is non-compliant with this Regulation or an economic operator has infringed an obligation set out in this Regulation, shall require the relevant economic operator to put an end to the non-compliance concerned. Such non compliances shall include the following:

1.   Without prejudice to Article 66, where a Member State finds that a battery falling outside the scope of Article 68 is non-compliant with this Regulation or an economic operator has infringed an obligation set out in this Regulation, shall require the relevant economic operator to put an end to the non-compliance concerned.
  To facilitate this task, Member States shall establish easily accessible reporting channels for consumers on non-compliance.
  Such non compliances shall include the following:

Amendment 404

Amendment 404

Proposal for a regulation

Proposal for a regulation

Article 69 — paragraph 1 — point k

Article 69 — paragraph 1 — point k

| Text proposed by the Commission | Amendment |
| --- | --- |
| (k) | the requirements related to the
  supply
  chain due diligence policy in Article 39 are not fulfilled. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(k)

the requirements related to the
  supply
  chain due diligence policy in Article 39 are not fulfilled.

supply

| (k) | the requirements related to the
  value
  chain due diligence policy in Article 39 are not fulfilled; |
| --- | --- |

(k)

the requirements related to the
  value
  chain due diligence policy in Article 39 are not fulfilled;

value

Amendment 405

Amendment 405

Proposal for a regulation

Proposal for a regulation

Article 69 — paragraph 1 — point k a (new)

Article 69 — paragraph 1 — point k a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ka) | the requirements on battery passports referred to in Article 65 are not fulfilled. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ka)

(ka)

the requirements on battery passports referred to in Article 65 are not fulfilled.

the requirements on battery passports referred to in Article 65 are not fulfilled.

Amendment 406

Amendment 406

Proposal for a regulation

Proposal for a regulation

Article 69 — paragraph 3 a (new)

Article 69 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3 a.
     
  Competent authorities of the Member States shall be granted investigative powers in accordance with Article 14 of Regulation (EU) 2019/1020 to carry out appropriate controls, be they risk-based or on the basis of information received, to detect possible non-compliance. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3 a.
     
  Competent authorities of the Member States shall be granted investigative powers in accordance with Article 14 of Regulation (EU) 2019/1020 to carry out appropriate controls, be they risk-based or on the basis of information received, to detect possible non-compliance.

Amendment 407

Amendment 407

Proposal for a regulation

Proposal for a regulation

Article 69 — paragraph 3 b (new)

Article 69 — paragraph 3 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3b.
     
  Market surveillance authorities shall cooperate to ensure cross-border enforcement of this Regulation in accordance with the provisions set out in Chapter VI of Regulation (EU) 2019/1020. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3b.
     
  Market surveillance authorities shall cooperate to ensure cross-border enforcement of this Regulation in accordance with the provisions set out in Chapter VI of Regulation (EU) 2019/1020.

Amendment 408

Amendment 408

Proposal for a regulation

Proposal for a regulation

Article 69 — paragraph 3 c (new)

Article 69 — paragraph 3 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3c.
     
  Member States shall cooperate in an enforcement network supporting each other in the infringement procedure in case of cross-border sales within the Union. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3c.
     
  Member States shall cooperate in an enforcement network supporting each other in the infringement procedure in case of cross-border sales within the Union.

Amendment 409

Amendment 409

Proposal for a regulation

Proposal for a regulation

Article 70 — paragraph 1

Article 70 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Contracting authorities, as defined in Article 2(1) of Directive 2014/24/EU or Article 3(1) of Directive 2014/25/EU, or contracting entities, as defined in Article 4(1) of Directive 2014/25/EU shall, when procuring batteries or products containing batteries in situations covered by those Directives,
  take account of the environmental impacts of
  batteries
  over
  their life cycle with a view to ensure that such impacts of the batteries procured are kept to a minimum. | 1.   Contracting authorities, as defined in Article 2(1) of Directive 2014/24/EU or Article 3(1)of Directive 2014/25/EU, or contracting entities, as defined in Article 4(1) of Directive 2014/25/EU shall, when procuring batteries or products containing batteries in situations covered by those Directives,
  give preference to the most environmentally friendly
  batteries
  based on
  their
  entire
  life cycle with a view to ensure that such impacts of the batteries procured are kept to a minimum. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Contracting authorities, as defined in Article 2(1) of Directive 2014/24/EU or Article 3(1) of Directive 2014/25/EU, or contracting entities, as defined in Article 4(1) of Directive 2014/25/EU shall, when procuring batteries or products containing batteries in situations covered by those Directives,
  take account of the environmental impacts of
  batteries
  over
  their life cycle with a view to ensure that such impacts of the batteries procured are kept to a minimum.

1.   Contracting authorities, as defined in Article 2(1) of Directive 2014/24/EU or Article 3(1)of Directive 2014/25/EU, or contracting entities, as defined in Article 4(1) of Directive 2014/25/EU shall, when procuring batteries or products containing batteries in situations covered by those Directives,
  give preference to the most environmentally friendly
  batteries
  based on
  their
  entire
  life cycle with a view to ensure that such impacts of the batteries procured are kept to a minimum.

Amendment 410

Amendment 410

Proposal for a regulation

Proposal for a regulation

Article 71 — paragraph 3 a (new)

Article 71 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3a.
     
  If a Member State considers that the use of a substance in the manufacture of batteries, or the presence of a substance in the batteries when they are placed on the market, or during their subsequent life cycle stages, including the waste phase, poses a risk to human health or the environment, and that that risk is not adequately controlled and needs to be addressed, it shall notify the Agency that it proposes to prepare a dossier which conforms to the requirements of a restriction dossier. If that dossier demonstrates that action on a Community-wide basis is necessary, beyond any measures already in place, the Member State shall submit the dossier to the Agency in order to initiate the restrictions process. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3a.
     
  If a Member State considers that the use of a substance in the manufacture of batteries, or the presence of a substance in the batteries when they are placed on the market, or during their subsequent life cycle stages, including the waste phase, poses a risk to human health or the environment, and that that risk is not adequately controlled and needs to be addressed, it shall notify the Agency that it proposes to prepare a dossier which conforms to the requirements of a restriction dossier. If that dossier demonstrates that action on a Community-wide basis is necessary, beyond any measures already in place, the Member State shall submit the dossier to the Agency in order to initiate the restrictions process.

Amendment 411

Amendment 411

Proposal for a regulation

Proposal for a regulation

Article 71 — paragraph 14 a (new)

Article 71 — paragraph 14 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 14a.
     
  Within 6 months of any amendment of Regulation (EC) No 1907/2006 or of the entry into force of future Union legislation concerning sustainability criteria for hazardous substances and chemicals, the Commission shall assess whether that amendment of Regulation (EC) No 1907/2006 or that future Union legislation requires an amendment of this Article, and adopt, where appropriate, a delegated act in accordance with Article73 of this Regulation to amend those provisions accordingly. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

14a.
     
  Within 6 months of any amendment of Regulation (EC) No 1907/2006 or of the entry into force of future Union legislation concerning sustainability criteria for hazardous substances and chemicals, the Commission shall assess whether that amendment of Regulation (EC) No 1907/2006 or that future Union legislation requires an amendment of this Article, and adopt, where appropriate, a delegated act in accordance with Article73 of this Regulation to amend those provisions accordingly.

Amendment 412

Amendment 412

Proposal for a regulation

Proposal for a regulation

Article 72 — paragraph 2 a (new)

Article 72 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  Only industry led schemes that fulfil the requirements of Article 39 and are verified by third party actors may be recognised. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2a.
     
  Only industry led schemes that fulfil the requirements of Article 39 and are verified by third party actors may be recognised.

Amendment 413

Amendment 413

Proposal for a regulation

Proposal for a regulation

Article 73 — paragraph 2

Article 73 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The power to adopt delegated acts referred to in Articles 6(2),
  7(1), (2) and (3)
  ,
  9(2), 10(3)
  , 12(2), 17(4),
  27(3),
  39(8),
  55(4),
  56(4),
  57(6),
  58(3) and
  70(2)
  shall be conferred on the Commission for a period of five years from [date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension no later than three months before the end of each period. | 2.   The power to adopt delegated acts referred to in Articles 6(2),
  6(5a)
  ,
  7(1) third subparagraph, point (a), 7(1), fourth subparagraph, 7 (2) fourth subparagraph, point(a), 7 (3) third subparagraph and forth subparagraph, 8(1) second subparagraph, point (a), 8(4a), 9(2) second subparagraph
  ,
  10(1b) and (1c), 10(3) first subparagraph, 10(3a)
  ,
  11a (4), 11b (2), 13(6a), 14(3) subparagraph 1a,
  12(2), 17(4), 39(8)
  and (8a), 55(2b)
  , 56(4),
  57(4), 57(5a)
  , 58(3),
  64(5), 65(7), 70(3)
  ,
  71(14a) and 76(1b)
  shall be conferred on the Commission for a period of five years from ... [date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension no later than three months before the end of each period. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

2.   The power to adopt delegated acts referred to in Articles 6(2),
  6(5a)
  ,
  7(1) third subparagraph, point (a), 7(1), fourth subparagraph, 7 (2) fourth subparagraph, point(a), 7 (3) third subparagraph and forth subparagraph, 8(1) second subparagraph, point (a), 8(4a), 9(2) second subparagraph
  ,
  10(1b) and (1c), 10(3) first subparagraph, 10(3a)
  ,
  11a (4), 11b (2), 13(6a), 14(3) subparagraph 1a,
  12(2), 17(4), 39(8)
  and (8a), 55(2b)
  , 56(4),
  57(4), 57(5a)
  , 58(3),
  64(5), 65(7), 70(3)
  ,
  71(14a) and 76(1b)
  shall be conferred on the Commission for a period of five years from ... [date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension no later than three months before the end of each period.

Amendment 414

Amendment 414

Proposal for a regulation

Proposal for a regulation

Article 73 — paragraph 3

Article 73 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The delegation of power referred to in Articles 6(2),
  7(1), (2) and (3), 9(2), 10(3)
  , 12(2), 17(4),
  27(3),
  39(8)
  , 55(4)
  , 56(4),
  57(6),
  58(3) and
  70(2)
  may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. | 3.   The delegation of power referred to in Articles 6(2),
  6(5a)
  ,
  7(1) third subparagraph, point (a), 7(1), fourth subparagraph, 7 (2) fourth subparagraph, point(a), 7 (3) third subparagraph and forth subparagraph, 8(1) second subparagraph, point (a), 8(4a) , 9(2) second subparagraph
  ,
  10 (1b) and (1c), 10(3) first subparagraph, 10(3a)
  ,
  11a (4), 11b (2), 13(6a), 14(3) subparagraph 1a ,
  12(2), 17(4), 39(8)
  and (8a), 55(2b)
  , 56(4),
  57(4), 57(5a)
  , 58(3),
  64(5), 65(7), 70(3)
  ,
  71(14a) and 76(1b)
  may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   The delegation of power referred to in Articles 6(2),
  7(1), (2) and (3), 9(2), 10(3)
  , 12(2), 17(4),
  27(3),
  39(8)
  , 55(4)
  , 56(4),
  57(6),
  58(3) and
  70(2)
  may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

3.   The delegation of power referred to in Articles 6(2),
  6(5a)
  ,
  7(1) third subparagraph, point (a), 7(1), fourth subparagraph, 7 (2) fourth subparagraph, point(a), 7 (3) third subparagraph and forth subparagraph, 8(1) second subparagraph, point (a), 8(4a) , 9(2) second subparagraph
  ,
  10 (1b) and (1c), 10(3) first subparagraph, 10(3a)
  ,
  11a (4), 11b (2), 13(6a), 14(3) subparagraph 1a ,
  12(2), 17(4), 39(8)
  and (8a), 55(2b)
  , 56(4),
  57(4), 57(5a)
  , 58(3),
  64(5), 65(7), 70(3)
  ,
  71(14a) and 76(1b)
  may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Amendment 415

Amendment 415

Proposal for a regulation

Proposal for a regulation

Article 73 — paragraph 6

Article 73 — paragraph 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| 6.   A delegated act adopted pursuant to Articles 6(2),
  7(1), (2) and (3), 9(2), 10(3),
  12(2), 17(4),
  27(3),
  39(8)
  , 55(4)
  , 56(4),
  57(6)
  , 58(3) and
  70(2)
  shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. | 6.   A delegated act adopted pursuant to Articles 6(2),
  6(5a)
  ,
  7(1) third subparagraph, point (a), 7(1), fourth subparagraph, 7 (2) fourth subparagraph, point(a), 7 (3) third subparagraph and forth subparagraph, 8(1) second subparagraph, point (a), 8(4a), 9(2) second subparagraph
  ,
  10(1b) and (1c), 10(3) first subparagraph, 10(3a)
  ,
  11a (4), 11b (2), 13(6a), 14(3) subparagraph 1a,
  12(2), 17(4), 39(8)
  and (8a), 55(2b)
  , 56(4),
  57(4), 57(5a)
  , 58(3),
  64(5), 65(7), 70(3)
  ,
  71(14a) and 76(1b)
  shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6.   A delegated act adopted pursuant to Articles 6(2),
  7(1), (2) and (3), 9(2), 10(3),
  12(2), 17(4),
  27(3),
  39(8)
  , 55(4)
  , 56(4),
  57(6)
  , 58(3) and
  70(2)
  shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

6.   A delegated act adopted pursuant to Articles 6(2),
  6(5a)
  ,
  7(1) third subparagraph, point (a), 7(1), fourth subparagraph, 7 (2) fourth subparagraph, point(a), 7 (3) third subparagraph and forth subparagraph, 8(1) second subparagraph, point (a), 8(4a), 9(2) second subparagraph
  ,
  10(1b) and (1c), 10(3) first subparagraph, 10(3a)
  ,
  11a (4), 11b (2), 13(6a), 14(3) subparagraph 1a,
  12(2), 17(4), 39(8)
  and (8a), 55(2b)
  , 56(4),
  57(4), 57(5a)
  , 58(3),
  64(5), 65(7), 70(3)
  ,
  71(14a) and 76(1b)
  shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Amendment 416

Amendment 416

Proposal for a regulation

Proposal for a regulation

Article 75 — paragraph 1 — point 2 — introductory part

Article 75 — paragraph 1 — point 2 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| (2) | in Annex I,
  the following
  point
  71 is added to
  the list of Union harmonisation legislation: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(2)

in Annex I,
  the following
  point
  71 is added to
  the list of Union harmonisation legislation:

the following

71 is added to

| (2) | in Annex I, point
  21 of
  the list of Union harmonisation legislation
  is replaced by the following
  : |
| --- | --- |

(2)

in Annex I, point
  21 of
  the list of Union harmonisation legislation
  is replaced by the following
  :

21 of

is replaced by the following

Amendment 417

Amendment 417

Proposal for a regulation

Proposal for a regulation

Article 76 — paragraph 1 a (new)

Article 76 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | By 1 January 2023, the Commission shall develop harmonised criteria or guidance for effective, proportionate and dissuasive penalties and for compensation of damages caused to individuals. |
| | Those criteria shall at least cover the following types of infringements: |
| | — | making false declarations during the conformity assessment procedures set out in Chapter IV and measures set out in Articles 66 and 68; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

By 1 January 2023, the Commission shall develop harmonised criteria or guidance for effective, proportionate and dissuasive penalties and for compensation of damages caused to individuals.

By 1 January 2023, the Commission shall develop harmonised criteria or guidance for effective, proportionate and dissuasive penalties and for compensation of damages caused to individuals.

Those criteria shall at least cover the following types of infringements:

Those criteria shall at least cover the following types of infringements:

—

making false declarations during the conformity assessment procedures set out in Chapter IV and measures set out in Articles 66 and 68;

making false declarations during the conformity assessment procedures set out in Chapter IV and measures set out in Articles 66 and 68;

| — | falsifying test results for conformity or for market surveillance; |
| --- | --- |

—

falsifying test results for conformity or for market surveillance;

falsifying test results for conformity or for market surveillance;

| — | withholding data or technical specifications that could lead to the recall of the battery or its components or to the refusal or withdrawal of the declaration of conformity. |
| --- | --- |

—

withholding data or technical specifications that could lead to the recall of the battery or its components or to the refusal or withdrawal of the declaration of conformity.

withholding data or technical specifications that could lead to the recall of the battery or its components or to the refusal or withdrawal of the declaration of conformity.

Amendment 418

Amendment 418

Proposal for a regulation

Proposal for a regulation

Article 76 — paragraph 1 b (new)

Article 76 — paragraph 1 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | The Commission shall, by 1 January 2023, adopt delegated acts in accordance with Article 73, supplementing this Regulation by establishing criteria for effective, proportionate and dissuasive penalties and for compensation of damages caused to individuals covering at least the infringements listed in paragraph 1a. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Commission shall, by 1 January 2023, adopt delegated acts in accordance with Article 73, supplementing this Regulation by establishing criteria for effective, proportionate and dissuasive penalties and for compensation of damages caused to individuals covering at least the infringements listed in paragraph 1a.

The Commission shall, by 1 January 2023, adopt delegated acts in accordance with Article 73, supplementing this Regulation by establishing criteria for effective, proportionate and dissuasive penalties and for compensation of damages caused to individuals covering at least the infringements listed in paragraph 1a.

Amendment 419

Amendment 419

Proposal for a regulation

Proposal for a regulation

Article 77 — paragraph 1

Article 77 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   By 31 December 2030, the Commission shall draw up a report on the application of this Regulation and its impact on the environment and the functioning of the internal market. | 1.   By 31 December 2030
  , and every 5 years thereafter
  , the Commission shall draw up a report on the application of this Regulation and its impact on the environment
  , human health
  and the functioning of the internal market
  and submit and present it to the European Parliament and to the Council
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   By 31 December 2030, the Commission shall draw up a report on the application of this Regulation and its impact on the environment and the functioning of the internal market.

1.   By 31 December 2030
  , and every 5 years thereafter
  , the Commission shall draw up a report on the application of this Regulation and its impact on the environment
  , human health
  and the functioning of the internal market
  and submit and present it to the European Parliament and to the Council
  .

Amendment 420

Amendment 420

Proposal for a regulation

Proposal for a regulation

Article 77 — paragraph 2 — subparagraph 1 –point c

Article 77 — paragraph 2 — subparagraph 1 –point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | supply
  chain due diligence requirements set out in Articles 39 and 72; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

supply
  chain due diligence requirements set out in Articles 39 and 72;

supply

| (c) | battery value
  chain due diligence requirements set out in Articles 39 and 72; |
| --- | --- |

(c)

battery value
  chain due diligence requirements set out in Articles 39 and 72;

battery value

Amendment 421

Amendment 421

Proposal for a regulation

Proposal for a regulation

Article 77 — paragraph 2 — subparagraph 1 — point d a (new)

Article 77 — paragraph 2 — subparagraph 1 — point d a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (da) | the measures regarding the identification of economic operators set out in Article 45; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(da)

(da)

the measures regarding the identification of economic operators set out in Article 45;

the measures regarding the identification of economic operators set out in Article 45;

Amendment 422

Amendment 422

Proposal for a regulation

Proposal for a regulation

Article 77 — paragraph 2 — subparagraph 1 — point d b (new)

Article 77 — paragraph 2 — subparagraph 1 — point d b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (db) | infringements and the effectiveness, proportionality and dissuasiveness of penalties as set out in Article 76; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(db)

(db)

infringements and the effectiveness, proportionality and dissuasiveness of penalties as set out in Article 76;

infringements and the effectiveness, proportionality and dissuasiveness of penalties as set out in Article 76;

Amendment 423

Amendment 423

Proposal for a regulation

Proposal for a regulation

Article 77 — paragraph 2 — subparagraph 1 — point d c (new)

Article 77 — paragraph 2 — subparagraph 1 — point d c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (dc) | analysis of the impact of the Regulation on the competitiveness of and on the investments in the batteries sector, and of the administrative burden. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(dc)

(dc)

analysis of the impact of the Regulation on the competitiveness of and on the investments in the batteries sector, and of the administrative burden.

analysis of the impact of the Regulation on the competitiveness of and on the investments in the batteries sector, and of the administrative burden.

Amendment 424

Amendment 424

Proposal for a regulation

Proposal for a regulation

Article 77 — paragraph 2 — subparagraph 2

Article 77 — paragraph 2 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Where
  appropriate, the report shall be accompanied by a legislative proposal for amendment of the relevant provisions of this Regulation. | If
  appropriate, the report
  referred to in paragraph 1
  shall be accompanied by a legislative proposal for amendment of the relevant provisions of this Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Where
  appropriate, the report shall be accompanied by a legislative proposal for amendment of the relevant provisions of this Regulation.

Where

If
  appropriate, the report
  referred to in paragraph 1
  shall be accompanied by a legislative proposal for amendment of the relevant provisions of this Regulation.

If

referred to in paragraph 1

Amendment 425

Amendment 425

Proposal for a regulation

Proposal for a regulation

Article 79 — paragraph 2

Article 79 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| It shall apply from
  1 January 2022
  . | It shall apply from ...
  [6 months after the entry into force of this Regulation]
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

It shall apply from
  1 January 2022
  .

1 January 2022

It shall apply from ...
  [6 months after the entry into force of this Regulation]
  .

[6 months after the entry into force of this Regulation]

Amendment 426

Amendment 426

Proposal for a regulation

Proposal for a regulation

Annex I — table — row 3 a (new)

Annex I — table — row 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2a. | Lead |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2a.

2a.

Lead

Portable batteries, whether or not incorporated into appliances, shall not contain more than 0,01  % of lead (expressed as lead metal) by weight.

Portable batteries, whether or not incorporated into appliances, shall not contain more than 0,01  % of lead (expressed as lead metal) by weight.

CAS No. 7439-92-1

CAS No. 7439-92-1

EC No. 231-100-4 and its compounds

EC No. 231-100-4 and its compounds

Amendment 427

Amendment 427

Proposal for a regulation

Proposal for a regulation

Annex II — point 1 — paragraph 1 — point c a (new)

Annex II — point 1 — paragraph 1 — point c a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ca) | ‘Data Quality Ratings’ means a semi-quantitative assessment of the quality criteria of a dataset based on technological representativeness, geographical representativeness, time-related representativeness, and precision. The data quality shall be considered to be that of the dataset as documented. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ca)

(ca)

‘Data Quality Ratings’ means a semi-quantitative assessment of the quality criteria of a dataset based on technological representativeness, geographical representativeness, time-related representativeness, and precision. The data quality shall be considered to be that of the dataset as documented.

‘Data Quality Ratings’ means a semi-quantitative assessment of the quality criteria of a dataset based on technological representativeness, geographical representativeness, time-related representativeness, and precision. The data quality shall be considered to be that of the dataset as documented.

Amendment 428

Amendment 428

Proposal for a regulation

Proposal for a regulation

Annex II — point 2 — paragraph 2

Annex II — point 2 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The harmonised calculation rules referred to in Article 7 shall build on the essential elements included in this Annex, be in compliance with the latest version of the Commission Product Environmental Footprint (80)

  (PEF)
  method and relevant Product Environmental Footprint Category Rules (PEFCRs) (81) and reflect the international agreements and technical/scientific progress in the area of life cycle assessment (82). | The harmonised calculation rules referred to in Article 7 shall build on the essential elements included in this Annex, be in compliance with the latest version of the Commission Product Environmental Footprint (80)

  (PEF)
  method and relevant Product Environmental Footprint Category Rules (PEFCRs) (81) and reflect the international agreements and technical/scientific progress in the area of life cycle assessment (82).
  The development and update of PEF methods and relevant PEFCRs shall be open and transparent, and involve adequate representation of civil society organisations, academia and other interested parties. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The harmonised calculation rules referred to in Article 7 shall build on the essential elements included in this Annex, be in compliance with the latest version of the Commission Product Environmental Footprint (80)

  (PEF)
  method and relevant Product Environmental Footprint Category Rules (PEFCRs) (81) and reflect the international agreements and technical/scientific progress in the area of life cycle assessment (82).

80

(PEF)

81

82

The harmonised calculation rules referred to in Article 7 shall build on the essential elements included in this Annex, be in compliance with the latest version of the Commission Product Environmental Footprint (80)

  (PEF)
  method and relevant Product Environmental Footprint Category Rules (PEFCRs) (81) and reflect the international agreements and technical/scientific progress in the area of life cycle assessment (82).
  The development and update of PEF methods and relevant PEFCRs shall be open and transparent, and involve adequate representation of civil society organisations, academia and other interested parties.

80

(PEF)

81

82

The development and update of PEF methods and relevant PEFCRs shall be open and transparent, and involve adequate representation of civil society organisations, academia and other interested parties.

Amendment 429

Amendment 429

Proposal for a regulation

Proposal for a regulation

Annex II — point 2 a (new)

Annex II — point 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a. | Energy use and accounting |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2a.

2a.

Energy use and accounting

When calculating the carbon intensity of the energy used during the different battery life cycle stages and processes as listed in point 4, average carbon emissions data for the country where the specific activity or process took place shall be used. Lower emission factors shall only be used where the economic actor can reliably demonstrate that the region where the specific activity took place and which supplied the energy to the economic operator or their individual processes or energy supply are less carbon intensive than the country average. This shall be demonstrated via proof that the energy is taken from that region and that it is less carbon intensive, or via a direct connection to a renewable or lower carbon energy source or a contract demonstrating a temporal and geographical link between the energy supply and the use by the economic operator, which must be verified by a third party verification statement.

When calculating the carbon intensity of the energy used during the different battery life cycle stages and processes as listed in point 4, average carbon emissions data for the country where the specific activity or process took place shall be used. Lower emission factors shall only be used where the economic actor can reliably demonstrate that the region where the specific activity took place and which supplied the energy to the economic operator or their individual processes or energy supply are less carbon intensive than the country average. This shall be demonstrated via proof that the energy is taken from that region and that it is less carbon intensive, or via a direct connection to a renewable or lower carbon energy source or a contract demonstrating a temporal and geographical link between the energy supply and the use by the economic operator, which must be verified by a third party verification statement.

Amendment 430

Amendment 430

Proposal for a regulation

Proposal for a regulation

Annex II — point 4 — paragraph 1 — table — row 2

Annex II — point 4 — paragraph 1 — table — row 2

| Text proposed by the Commission |
| --- |
| 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. |

Text proposed by the Commission

Text proposed by the Commission

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.

| Amendment |
| --- |
| Raw material acquisition and pre-processing | Includes mining
  and other relevant sourcing,
  pre-processing
  and transport of all raw and active materials
  , up to the manufacturing of battery cells and batteries components (active materials, separator, electrolyte, casings, active and passive battery components), and electric/electronics components. |

Amendment

Amendment

Raw material acquisition and pre-processing

Includes mining
  and other relevant sourcing,
  pre-processing
  and transport of all raw and active materials
  , up to the manufacturing of battery cells and batteries components (active materials, separator, electrolyte, casings, active and passive battery components), and electric/electronics components.

and other relevant sourcing,

and transport of all raw and active materials

Amendment 431

Amendment 431

Proposal for a regulation

Proposal for a regulation

Annex II — point 4 — paragraph 3

Annex II — point 4 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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
  may only
  be excluded from the lifecycle carbon footprint calculations,
  where
  manufacturers
  can reliably demonstrate that design
  choices
  only lead to a
  contribution to this impact
  that is negligible
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

should

as not being under the direct influence of

unless it is demonstrated that

made by battery manufacturers at the design stage can make a non-negligible

The use phase
  may only
  be excluded from the lifecycle carbon footprint calculations,
  where
  manufacturers
  can reliably demonstrate that design
  choices
  only lead to a
  contribution to this impact
  that is negligible
  .

may only

where

can reliably demonstrate that design

only lead to a

that is negligible

Amendment 432

Amendment 432

Proposal for a regulation

Proposal for a regulation

Annex II — point 5 — paragraph 2

Annex II — point 5 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| In particular, all activity data related to the battery’s anode, cathode, electrolyte, separator and cell-casing shall refer to a specific battery model produced in a specific production plant (i.e., no default activity data shall be used). The battery-specific activity data shall be used in combination with the relevant Product Environmental Footprint compliant secondary datasets. | In particular, all activity data related to the battery’s
  raw materials,
  anode, cathode, electrolyte, separator and cell-casing shall refer to a specific battery model produced in a specific production plant (i.e., no default activity data shall be used). The battery-specific activity data shall be used in combination with the relevant Product Environmental Footprint compliant secondary datasets. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

In particular, all activity data related to the battery’s anode, cathode, electrolyte, separator and cell-casing shall refer to a specific battery model produced in a specific production plant (i.e., no default activity data shall be used). The battery-specific activity data shall be used in combination with the relevant Product Environmental Footprint compliant secondary datasets.

In particular, all activity data related to the battery’s
  raw materials,
  anode, cathode, electrolyte, separator and cell-casing shall refer to a specific battery model produced in a specific production plant (i.e., no default activity data shall be used). The battery-specific activity data shall be used in combination with the relevant Product Environmental Footprint compliant secondary datasets.

raw materials,

Amendment 433

Amendment 433

Proposal for a regulation

Proposal for a regulation

Annex II — point 5 — paragraph 5 — indent 1

Annex II — point 5 — paragraph 5 — indent 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| — | Raw material acquisition and pre-processing stage |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

—

Raw material acquisition and pre-processing stage

| — | Raw material acquisition
  , including transport,
  and pre-processing stage |
| --- | --- |

—

Raw material acquisition
  , including transport,
  and pre-processing stage

, including transport,

Amendment 434

Amendment 434

Proposal for a regulation

Proposal for a regulation

Annex II — point 8 — paragraph 1

Annex II — point 8 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

and data quality ratings

Amendment 435

Amendment 435

Proposal for a regulation

Proposal for a regulation

Annex III — title

Annex III — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Electrochemical performance and durability parameters for portable batteries
  of general use | Electrochemical performance and durability parameters for portable batteries |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Electrochemical performance and durability parameters for portable batteries
  of general use

of general use

Electrochemical performance and durability parameters for portable batteries

Amendment 436

Amendment 436

Proposal for a regulation

Proposal for a regulation

Annex III — point 1

Annex III — point 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1. | Battery capacity, electric charge which a battery can deliver under
  a specific set of
  conditions. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.

Battery capacity, electric charge which a battery can deliver under
  a specific set of
  conditions.

a specific set of

| 1. | Battery capacity, electric charge which a battery can deliver under
  real-life
  conditions. |
| --- | --- |

1.

Battery capacity, electric charge which a battery can deliver under
  real-life
  conditions.

real-life

Amendment 437

Amendment 437

Proposal for a regulation

Proposal for a regulation

Annex III — point 3

Annex III — point 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3. | Shelf life (delayed discharge performance), the relative decrease of the minimum average duration after a defined period of time and specific conditions. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.

Shelf life (delayed discharge performance), the relative decrease of the minimum average duration after a defined period of time and specific conditions.

| 3. | Shelf life (delayed discharge performance), the relative decrease of the minimum average duration
  with the initially measured capacity as the reference point,
  after a defined period of time and specific conditions. |
| --- | --- |

3.

Shelf life (delayed discharge performance), the relative decrease of the minimum average duration
  with the initially measured capacity as the reference point,
  after a defined period of time and specific conditions.

with the initially measured capacity as the reference point,

Amendment 438

Amendment 438

Proposal for a regulation

Proposal for a regulation

Annex IV — title

Annex IV — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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 |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

rechargeable

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

light means of transport batteries,

Amendment 439

Amendment 439

Proposal for a regulation

Proposal for a regulation

Annex IV — Part A — paragraph 1 — point 3

Annex IV — Part A — paragraph 1 — point 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3. | Internal resistance (in Ω)
  and
  internal resistance increase (in %). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.

Internal resistance (in Ω)
  and
  internal resistance increase (in %).

and

| 3. | Internal resistance (in Ω), internal resistance increase (in %)
  and electrochemical impedance (in Ω) |
| --- | --- |

3.

Internal resistance (in Ω), internal resistance increase (in %)
  and electrochemical impedance (in Ω)

and electrochemical impedance (in Ω)

Amendment 440

Amendment 440

Proposal for a regulation

Proposal for a regulation

Annex IV — Part A — paragraph 1 — point 5

Annex IV — Part A — paragraph 1 — point 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5. | An indication of
  their expected life-time under the conditions for which they have been designed. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.

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

An indication of

| 5. | Their expected life-time under the
  reference
  conditions for which they have been designed
  in terms of cycles and calendar years
  . |
| --- | --- |

5.

Their expected life-time under the
  reference
  conditions for which they have been designed
  in terms of cycles and calendar years
  .

reference

in terms of cycles and calendar years

Amendment 441

Amendment 441

Proposal for a regulation

Proposal for a regulation

Annex IV — Part A — paragraph 1 — point 5 a (new)

Annex IV — Part A — paragraph 1 — point 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 5a. | Self discharge. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5a.

5a.

Self discharge.

Amendment 442

Amendment 442

Proposal for a regulation

Proposal for a regulation

Annex IV — Part A — paragraph 2

Annex IV — Part A — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| ‘Rated capacity’ means the total number of ampere-hours (Ah) that can be withdrawn from a fully charged battery under specific conditions. | ‘Rated capacity’ means the total number of ampere-hours (Ah) that can be withdrawn from a fully charged battery under specific
  reference
  conditions. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

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

reference

Amendment 443

Amendment 443

Proposal for a regulation

Proposal for a regulation

Annex IV — Part A — paragraph 3

Annex IV — Part A — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| ‘Capacity fade’ means the decrease over time and upon usage in the amount of charge that a battery can deliver at the rated voltage, with respect to the original rated capacity
  declared by the manufacturer. | ‘Capacity fade’ means the decrease over time and upon usage in the amount of charge that a battery can deliver at the rated voltage, with respect to the original rated capacity. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

declared by the manufacturer.

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

Amendment 444

Amendment 444

Proposal for a regulation

Proposal for a regulation

Annex IV — Part A — paragraph 4

Annex IV — Part A — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| ‘Power’ means the amount of energy that a battery is capable to provide over a given period of time. | ‘Power’ means the amount of energy that a battery is capable to provide over a given period of time
  under reference conditions. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

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

under reference conditions.

Amendment 445

Amendment 445

Proposal for a regulation

Proposal for a regulation

Annex IV — Part A — paragraph 6

Annex IV — Part A — paragraph 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| ‘Internal resistance’ means the opposition to the flow of current within a cell or a battery, that is, the sum of electronic resistance and ionic resistance to the contribution to total effective resistance including inductive/capacitive properties. | ‘Internal resistance’ means the opposition to the flow of current within a cell or a battery
  under reference conditions
  , that is, the sum of electronic resistance and ionic resistance to the contribution to total effective resistance including inductive/capacitive properties. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

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

under reference conditions

Amendment 446

Amendment 446

Proposal for a regulation

Proposal for a regulation

Annex IV — Part A — paragraph 7 a (new)

Annex IV — Part A — paragraph 7 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | ‘Self discharge’ means the reduction of the stored electric charge when the battery’s electrodes are not connected, for example when the battery is stored or not used for an extended period of time, for example 48 h, 168 h,720 h, with the effect that the battery’s charge gradually reduces overtime. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

‘Self discharge’ means the reduction of the stored electric charge when the battery’s electrodes are not connected, for example when the battery is stored or not used for an extended period of time, for example 48 h, 168 h,720 h, with the effect that the battery’s charge gradually reduces overtime.

‘Self discharge’ means the reduction of the stored electric charge when the battery’s electrodes are not connected, for example when the battery is stored or not used for an extended period of time, for example 48 h, 168 h,720 h, with the effect that the battery’s charge gradually reduces overtime.

Amendment 447

Amendment 447

Proposal for a regulation

Proposal for a regulation

Annex V — point 6 — introductory part

Annex V — point 6 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 6. | Thermal propagation |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6.

Thermal propagation

| 6. | Thermal propagation
  protection |
| --- | --- |

6.

Thermal propagation
  protection

protection

Amendment 448

Amendment 448

Proposal for a regulation

Proposal for a regulation

Annex V — point 7 — paragraph 1

Annex V — point 7 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 7. | Mechanical damage
  by external forces (drop and impact) |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7.

Mechanical damage
  by external forces (drop and impact)

by external forces (drop and impact)

| 7. | Mechanical damage
  protection |
| --- | --- |

7.

Mechanical damage
  protection

protection

These tests shall simulate one or more situations in which a battery accidentally
  drops or is impacted by a heavy load
  and remains operational for the purpose for which it was designed. The criteria to simulate these situations should reflect real life uses.

drops or is impacted by a heavy load

These tests shall simulate one or more situations in which a battery
  is
  accidentally
  exposed to mechanical stresses
  and remains operational for the purpose for which it was designed. The criteria to simulate these situations should reflect real life uses.

is

exposed to mechanical stresses

Amendment 449

Amendment 449

Proposal for a regulation

Proposal for a regulation

Annex V — point 9 a (new)

Annex V — point 9 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 9a. | Fire test |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

9a.

9a.

Fire test

The objective of the fire test is to expose the battery to a fire and assess the risk of explosion. The measure of the energy released is an important safety indicator.

The objective of the fire test is to expose the battery to a fire and assess the risk of explosion. The measure of the energy released is an important safety indicator.

Amendment 450

Amendment 450

Proposal for a regulation

Proposal for a regulation

Annex V — point 9 b (new)

Annex V — point 9 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 9b. | Gas emission — hazardous substances measurements |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

9b.

9b.

Gas emission — hazardous substances measurements

Batteries could contain significant amounts of potentially hazardous materials, for example highly flammable electrolytes, corrosive and toxic components. If exposed to certain conditions, the integrity of the battery could be compromised, with release of hazardous gases. Therefore, it is important to identify and quantify substances being released from the battery during tests representing misuse and abuse.

Batteries could contain significant amounts of potentially hazardous materials, for example highly flammable electrolytes, corrosive and toxic components. If exposed to certain conditions, the integrity of the battery could be compromised, with release of hazardous gases. Therefore, it is important to identify and quantify substances being released from the battery during tests representing misuse and abuse.

Amendment 451

Amendment 451

Proposal for a regulation

Proposal for a regulation

Annex VI — Part A — paragraph 1 — point 5

Annex VI — Part A — paragraph 1 — point 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5. | date of placing on the market; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.

5.

date of placing on the market;

deleted

deleted

Amendment 452

Amendment 452

Proposal for a regulation

Proposal for a regulation

Annex VI — Part A — paragraph 1 — point 5 a (new)

Annex VI — Part A — paragraph 1 — point 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 5a. | the weight of the battery |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5a.

5a.

the weight of the battery

Amendment 453

Amendment 453

Proposal for a regulation

Proposal for a regulation

Annex VI — Part A — paragraph 1 — point 7

Annex VI — Part A — paragraph 1 — point 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| 7. | hazardous substances contained in the battery other than mercury, cadmium or lead; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7.

hazardous substances contained in the battery other than mercury, cadmium or lead;

| 7. | hazardous substances contained in the battery
  above a concentration of 0,1  % weight by weight
  other than mercury, cadmium or lead; |
| --- | --- |

7.

hazardous substances contained in the battery
  above a concentration of 0,1  % weight by weight
  other than mercury, cadmium or lead;

above a concentration of 0,1  % weight by weight

Amendment 454

Amendment 454

Proposal for a regulation

Proposal for a regulation

Annex VI — Part A — paragraph 1 — point 8

Annex VI — Part A — paragraph 1 — point 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| 8. | critical raw materials contained in the battery. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

8.

8.

critical raw materials contained in the battery.

deleted

deleted

Amendment 455

Amendment 455

Proposal for a regulation

Proposal for a regulation

Annex VI — Part A a (new)

Annex VI — Part A a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Aa. | Additional information about batteries accessed through the QR code |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Aa.

Aa.

Additional information about batteries accessed through the QR code

| 1. | Date of placing on the market. |
| --- | --- |

1.

1.

Date of placing on the market.

| 2. | Critical raw materials contained in the battery above a concentration of 0,1  % weight by weight. |
| --- | --- |

2.

2.

Critical raw materials contained in the battery above a concentration of 0,1  % weight by weight.

| 3. | Information relating to the consumption of electric energy, other forms of energy and where relevant other essential resources during use. |
| --- | --- |

3.

3.

Information relating to the consumption of electric energy, other forms of energy and where relevant other essential resources during use.

Amendment 456

Amendment 456

Proposal for a regulation

Proposal for a regulation

Annex VI — Part C — paragraph 1

Annex VI — Part C — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The QR code shall be
  100 % black
  and of a size that is easily readable by a commonly available QR reader, such as those integrated in hand-held communication devices. | The QR code shall be
  in a colour with a high contrast compared to its background
  and of a size that is easily readable by a commonly available QR reader, such as those integrated in hand-held communication devices |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

100 % black

The QR code shall be
  in a colour with a high contrast compared to its background
  and of a size that is easily readable by a commonly available QR reader, such as those integrated in hand-held communication devices

in a colour with a high contrast compared to its background

Amendment 457

Amendment 457

Proposal for a regulation

Proposal for a regulation

Annex VIII — Part A — point 1 — paragraph 1

Annex VIII — Part A — point 1 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Internal production control is the conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2, 3 and 4, and ensures and declares that the battery satisfies the requirements set out in Articles 6, 9,
  10,
  11
  , 12
  , 13 and 14 that apply to them. | Internal production control is the conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2, 3 and 4, and ensures and declares that the battery satisfies the requirements set out in Articles 6, 9, 11, 13 and 14 that apply to them. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Internal production control is the conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2, 3 and 4, and ensures and declares that the battery satisfies the requirements set out in Articles 6, 9,
  10,
  11
  , 12
  , 13 and 14 that apply to them.

10,

, 12

Internal production control is the conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2, 3 and 4, and ensures and declares that the battery satisfies the requirements set out in Articles 6, 9, 11, 13 and 14 that apply to them.

Amendment 458

Amendment 458

Proposal for a regulation

Proposal for a regulation

Annex VIII — Part B — point 1 — paragraph 1

Annex VIII — Part B — point 1 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Internal production control plus supervised verification is the conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2, 3, 4, and 5, and ensures and declares that the battery satisfy the requirements set out in Articles 7, 8 and 39 that are applicable. | Internal production control plus supervised verification is the conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2, 3, 4, and 5, and ensures and declares that the battery satisfy the requirements set out in Articles 7, 8
  , 10, 12
  and 39 that are applicable. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Internal production control plus supervised verification is the conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2, 3, 4, and 5, and ensures and declares that the battery satisfy the requirements set out in Articles 7, 8 and 39 that are applicable.

Internal production control plus supervised verification is the conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2, 3, 4, and 5, and ensures and declares that the battery satisfy the requirements set out in Articles 7, 8
  , 10, 12
  and 39 that are applicable.

, 10, 12

Amendment 507

Amendment 507

Proposal for a regulation

Proposal for a regulation

Annex IX — point 4

Annex IX — point 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4. | Object of the declaration (identification of the battery allowing traceability): description of the battery. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.

Object of the declaration (identification of the battery allowing traceability): description of the battery.

| 4. | Object of the declaration (identification of the battery allowing traceability
  , and which may, where appropriate, include an image of the battery
  ): description of the battery. |
| --- | --- |

4.

Object of the declaration (identification of the battery allowing traceability
  , and which may, where appropriate, include an image of the battery
  ): description of the battery.

, and which may, where appropriate, include an image of the battery

Amendment 459

Amendment 459

Proposal for a regulation

Proposal for a regulation

Annex X — point 1 — point a a (new)

Annex X — point 1 — point a a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (aa) | iron; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(aa)

(aa)

iron;

iron;

Amendment 460

Amendment 460

Proposal for a regulation

Proposal for a regulation

Annex X — point 1 — point a b (new)

Annex X — point 1 — point a b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ab) | copper; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ab)

(ab)

copper;

copper;

Amendment 461

Amendment 461

Proposal for a regulation

Proposal for a regulation

Annex X — point 1 — point a c (new)

Annex X — point 1 — point a c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ac) | bauxite; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ac)

(ac)

bauxite;

bauxite;

Amendment 462

Amendment 462

Proposal for a regulation

Proposal for a regulation

Annex X — point 2 — point a

Annex X — point 2 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | air; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

air;

| (a) | air
  , including air pollution
  ; |
| --- | --- |

(a)

air
  , including air pollution
  ;

, including air pollution

Amendment 463

Amendment 463

Proposal for a regulation

Proposal for a regulation

Annex X — point 2 — point b

Annex X — point 2 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | water; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

water;

| (b) | water
  , including access to water, pollution and depletion of freshwater, drinking water, oceans and seas
  ; |
| --- | --- |

(b)

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

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

Amendment 464

Amendment 464

Proposal for a regulation

Proposal for a regulation

Annex X — point 2 — point c

Annex X — point 2 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | soil; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

soil;

| (c) | soil
  , including soil contamination from waste disposal and treatment
  ; |
| --- | --- |

(c)

soil
  , including soil contamination from waste disposal and treatment
  ;

, including soil contamination from waste disposal and treatment

Amendment 465

Amendment 465

Proposal for a regulation

Proposal for a regulation

Annex X — point 2 — point d

Annex X — point 2 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | biodiversity; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

biodiversity;

| (d) | biodiversity
  , including damage to wildlife, flora, natural habitats and ecosystems
  ; |
| --- | --- |

(d)

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

, including damage to wildlife, flora, natural habitats and ecosystems

Amendment 466

Amendment 466

Proposal for a regulation

Proposal for a regulation

Annex X — point 2 — point d a (new)

Annex X — point 2 — point d a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (da) | climate, including greenhouse gas emissions; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(da)

(da)

climate, including greenhouse gas emissions;

climate, including greenhouse gas emissions;

Amendment 467

Amendment 467

Proposal for a regulation

Proposal for a regulation

Annex X — point 2 — point d b (new)

Annex X — point 2 — point d b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (db) | waste management, including damage caused by mine tailing practices |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(db)

(db)

waste management, including damage caused by mine tailing practices

waste management, including damage caused by mine tailing practices

Amendment 468

Amendment 468

Proposal for a regulation

Proposal for a regulation

Annex X — point 2 — point i

Annex X — point 2 — point i

| Text proposed by the Commission | Amendment |
| --- | --- |
| (i) | community life. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(i)

community life.

| (i) | community life
  , including that of indigenous peoples; |
| --- | --- |

(i)

community life
  , including that of indigenous peoples;

, including that of indigenous peoples;

Amendment 469

Amendment 469

Proposal for a regulation

Proposal for a regulation

Annex X — point 2 — point i a (new)

Annex X — point 2 — point i a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ia) | access to information, public participation in decision-making and access to justice in environmental matters. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ia)

(ia)

access to information, public participation in decision-making and access to justice in environmental matters.

access to information, public participation in decision-making and access to justice in environmental matters.

Amendment 470

Amendment 470

Proposal for a regulation

Proposal for a regulation

Annex X — point 3 — point c

Annex X — point 3 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | Convention on Biological Diversity Decision COP VIII/28- Voluntary guidelines on Biodiversity-Inclusive impact assessment; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

Convention on Biological Diversity Decision COP VIII/28- Voluntary guidelines on Biodiversity-Inclusive impact assessment;

| (c) | Convention on Biological Diversity,
  including
  Decision COP VIII/28- Voluntary guidelines on Biodiversity-Inclusive impact assessment; |
| --- | --- |

(c)

Convention on Biological Diversity,
  including
  Decision COP VIII/28- Voluntary guidelines on Biodiversity-Inclusive impact assessment;

including

Amendment 471

Amendment 471

Proposal for a regulation

Proposal for a regulation

Annex X — point 3 — point c a (new)

Annex X — point 3 — point c a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ca) | UN Paris Agreement; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ca)

(ca)

UN Paris Agreement;

UN Paris Agreement;

Amendment 472

Amendment 472

Proposal for a regulation

Proposal for a regulation

Annex X — point 3 — point c b (new)

Annex X — point 3 — point c b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (cb) | Eight fundamental ILO Conventions as defined under the ILO Declaration on Fundamental Principles and Rights at work; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(cb)

(cb)

Eight fundamental ILO Conventions as defined under the ILO Declaration on Fundamental Principles and Rights at work;

Eight fundamental ILO Conventions as defined under the ILO Declaration on Fundamental Principles and Rights at work;

Amendment 473

Amendment 473

Proposal for a regulation

Proposal for a regulation

Annex X — point 3 — point c c (new)

Annex X — point 3 — point c c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (cc) | any other international environmental conventions that are binding upon the Union or its Member States, |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(cc)

(cc)

any other international environmental conventions that are binding upon the Union or its Member States,

any other international environmental conventions that are binding upon the Union or its Member States,

Amendment 474

Amendment 474

Proposal for a regulation

Proposal for a regulation

Annex X — point 3 — point d

Annex X — point 3 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

(d)

ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy;

ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy;

deleted

deleted

Amendment 475

Amendment 475

Proposal for a regulation

Proposal for a regulation

Annex X — point 3 — point e

Annex X — point 3 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | OECD Due Diligence Guidance for Responsible Business Conduct; and |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(e)

(e)

OECD Due Diligence Guidance for Responsible Business Conduct; and

OECD Due Diligence Guidance for Responsible Business Conduct; and

deleted

deleted

Amendment 476

Amendment 476

Proposal for a regulation

Proposal for a regulation

Annex X — point 3 — point f

Annex X — point 3 — point f

| Text proposed by the Commission | Amendment |
| --- | --- |
| (f) | OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(f)

(f)

OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas.

OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas.

deleted

deleted

Amendment 477

Amendment 477

Proposal for a regulation

Proposal for a regulation

Annex X — point 3 — point f a (new)

Annex X — point 3 — point f a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (fa) | any other international human rights conventions that are binding upon the Union or its Member States. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(fa)

(fa)

any other international human rights conventions that are binding upon the Union or its Member States.

any other international human rights conventions that are binding upon the Union or its Member States.

Amendment 478

Amendment 478

Proposal for a regulation

Proposal for a regulation

Annex X — point 3 a (new)

Annex X — point 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3a. | The internationally recognized due diligence principles applicable to the due diligence requirements laid down in Article 39 of this Regulation:









  (a) | UN Guiding Principles for Businesses and Human Rights; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3a.

3a.

The internationally recognized due diligence principles applicable to the due diligence requirements laid down in Article 39 of this Regulation:

(a)

(a)

UN Guiding Principles for Businesses and Human Rights;

UN Guiding Principles for Businesses and Human Rights;

| (b) | OECD Guidelines for Multinational Enterprises; |
| --- | --- |

(b)

(b)

OECD Guidelines for Multinational Enterprises;

OECD Guidelines for Multinational Enterprises;

| (c) | ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy; |
| --- | --- |

(c)

(c)

ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy;

ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy;

| (d) | OECD Due Diligence Guidance for Responsible Business Conduct; |
| --- | --- |

(d)

(d)

OECD Due Diligence Guidance for Responsible Business Conduct;

OECD Due Diligence Guidance for Responsible Business Conduct;

| (e) | OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas. |
| --- | --- |

(e)

(e)

OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas.

OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas.

Amendment 479

Amendment 479

Proposal for a regulation

Proposal for a regulation

Annex XI — point 1

Annex XI — point 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

excluding waste batteries from light means of transport,

| 1. | Producers or, where appointed in accordance with Article47(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. |
| --- | --- |

1.

Producers or, where appointed in accordance with Article47(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.

Amendment 480

Amendment 480

Proposal for a regulation

Proposal for a regulation

Annex XI — point 1 a (new)

Annex XI — point 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a. | 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 of general use, collected in accordance with Articles 48 and 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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1a.

1a.

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 of general use, collected in accordance with Articles 48 and 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.

Amendment 481

Amendment 481

Proposal for a regulation

Proposal for a regulation

Annex XI — point 2

Annex XI — point 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

excluding batteries from light means of transport,

| 2. | Producers or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf, and Member States shall calculate the annual sales of portable batteries, to end-users in a given year, as the weight of such batteries made available on the market for the first time within the territory of the Member State in the year concerned, excluding any portable batteries that have left the territory of that Member State in that year before being sold to the end users. |
| --- | --- |

2.

Producers or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf, and Member States shall calculate the annual sales of portable batteries, 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.

Amendment 482

Amendment 482

Proposal for a regulation

Proposal for a regulation

Annex XI — point 2 a (new)

Annex XI — point 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a. | 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 of general use 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 of general use that have left the territory of that Member State in that year before being sold to the end users. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2a.

2a.

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 of general use 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 of general use that have left the territory of that Member State in that year before being sold to the end users.

Amendment 483

Amendment 483

Proposal for a regulation

Proposal for a regulation

Annex XII — Part A — point 4

Annex XII — Part A — point 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4. | Special precautions and safety measures shall be in place for the treatment of waste lithium based batteries that shall be protected from exposure to excessive heat, water, or any crushing or physical damage during handling, sorting
  and
  storage. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.

Special precautions and safety measures shall be in place for the treatment of waste lithium based batteries that shall be protected from exposure to excessive heat, water, or any crushing or physical damage during handling, sorting
  and
  storage.

and

| 4. | Special precautions and safety measures shall be in place for the treatment of waste lithium based batteries that shall be protected from exposure to excessive heat, water, or any crushing or physical damage during handling, sorting
  . They shall be stored in a dry place, not exposed to high temperatures, fire or direct sunlight, and in their normally installed orientation, in well-ventilated areas, sheltered from water and rain. Waste lithium-based batteries shall also be covered with a high voltage rubber insulation mat. The
  storage
  of waste lithium-based batteries shall be marked with a warning sign and only those batteries which are sufficiently insulated against short circuiting shall be stored
  . |
| --- | --- |

4.

Special precautions and safety measures shall be in place for the treatment of waste lithium based batteries that shall be protected from exposure to excessive heat, water, or any crushing or physical damage during handling, sorting
  . They shall be stored in a dry place, not exposed to high temperatures, fire or direct sunlight, and in their normally installed orientation, in well-ventilated areas, sheltered from water and rain. Waste lithium-based batteries shall also be covered with a high voltage rubber insulation mat. The
  storage
  of waste lithium-based batteries shall be marked with a warning sign and only those batteries which are sufficiently insulated against short circuiting shall be stored
  .

. They shall be stored in a dry place, not exposed to high temperatures, fire or direct sunlight, and in their normally installed orientation, in well-ventilated areas, sheltered from water and rain. Waste lithium-based batteries shall also be covered with a high voltage rubber insulation mat. The

of waste lithium-based batteries shall be marked with a warning sign and only those batteries which are sufficiently insulated against short circuiting shall be stored

Amendment 484

Amendment 484

Proposal for a regulation

Proposal for a regulation

Annex XII — Part B — point 1 — point b a (new)

Annex XII — Part B — point 1 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | recycling of 85 % by average weight of nickel-cadmium batteries; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ba)

(ba)

recycling of 85 % by average weight of nickel-cadmium batteries;

recycling of 85 % by average weight of nickel-cadmium batteries;

Amendment 485

Amendment 485

Proposal for a regulation

Proposal for a regulation

Annex XII — Part B — point 2 — point b a (new)

Annex XII — Part B — point 2 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | recycling of + 85 % by average weight of nickel-cadmium batteries; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ba)

(ba)

recycling of + 85 % by average weight of nickel-cadmium batteries;

recycling of + 85 % by average weight of nickel-cadmium batteries;

Amendment 486

Amendment 486

Proposal for a regulation

Proposal for a regulation

Annex XII — Part B — point 2 — point b b (new)

Annex XII — Part B — point 2 — point b b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (bb) | recycling of 70 % by average weight of other waste batteries. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(bb)

(bb)

recycling of 70 % by average weight of other waste batteries.

recycling of 70 % by average weight of other waste batteries.

Amendment 487

Amendment 487

Proposal for a regulation

Proposal for a regulation

Annex XII — Part C — point 1 — point d

Annex XII — Part C — point 1 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | 35
  % for lithium; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

35
  % for lithium;

35

| (d) | 70
  % for lithium; |
| --- | --- |

(d)

70
  % for lithium;

70

Amendment 488

Amendment 488

Proposal for a regulation

Proposal for a regulation

Annex XII — Part C — point 2 — point d

Annex XII — Part C — point 2 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | 70
  % for lithium; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

70
  % for lithium;

70

| (d) | 90
  % for lithium; |
| --- | --- |

(d)

90
  % for lithium;

90

Amendment 489

Amendment 489

Proposal for a regulation

Proposal for a regulation

Annex XIII — point 1 — point r a (new)

Annex XIII — point 1 — point r a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ra) | Status of the battery (first life, waste, repaired, repurposed, recycled). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ra)

(ra)

Status of the battery (first life, waste, repaired, repurposed, recycled).

Status of the battery (first life, waste, repaired, repurposed, recycled).

---

(1)  The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A9-0031/2022).

1

(29)  Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1)

29

(30)  Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of life vehicles (OJ L 269, 21.10.2000, p. 34).

30

(29)  Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1)

29

(30)  Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of life vehicles (OJ L 269, 21.10.2000, p. 34).

30

(31)  Product Environmental Footprint — Category Rules for High Specific Energy Rechargeable Batteries for Mobile Applications https://ec.europa.eu/environment/eussd/smgp/pdf/PEFCR_Batteries.pdf

31

(32)  Paris agreement (OJ L 282, 19.10.2016, p. 4) and the United Nations Framework Convention on Climate Change, available at https://unfccc.int/resource/docs/convkp/conveng.pdf

32

(31)  Product Environmental Footprint — Category Rules for High Specific Energy Rechargeable Batteries for Mobile Applications https://ec.europa.eu/environment/eussd/smgp/pdf/PEFCR_Batteries.pdf

31

(32)  Paris agreement (OJ L 282, 19.10.2016, p. 4) and the United Nations Framework Convention on Climate Change, available at https://unfccc.int/resource/docs/convkp/conveng.pdf

32

(1)  
  Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (OJ L 285, 31.10.2009, p. 10).

1

Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (OJ L 285, 31.10.2009, p. 10).

(33)  
  Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (OJ L 285, 31.10.2009, p. 10).

33

Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (OJ L 285, 31.10.2009, p. 10).

(1)  
  Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).

1

Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).

(34)  Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU (OJ L 158, 14.6.2019, p. 125)

34

(34)  Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU (OJ L 158, 14.6.2019, p. 125)

34

(35)  Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12)

35

(35)  Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12)

35

(38)  Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Critical Raw Materials Resilience: Charting a Path towards greater Security and Sustainability (COM(2020)0474 final).

38

(38)  Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Critical Raw Materials Resilience: Charting a Path towards greater Security and Sustainability (COM(2020)0474 final).

38

(39)  Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017 laying down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas (OJ L 130, 19.5.2017, p. 1)

39

(39)  Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017 laying down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas (OJ L 130, 19.5.2017, p. 1)

39

(40)  The
  Ten
  Principles
  of the UN Global Compact
  , available at https://
  www.unglobalcompact
  .
  org/what-is-gc/mission/principles

40

Ten

of the UN Global Compact

www.unglobalcompact

org/what-is-gc/mission/principles

(41)  UNEP Guidelines for social life cycle assessment of products, available at https://www.lifecycleinitiative.org/wp-content/uploads/2012/12/2009%20-%20Guidelines%20for%20sLCA%20-%20EN.pdf

41

(42)  
  Tripartite Declaration of Principles concerning
  Multinational Enterprises
  and Social Policy
  , available at
  https://www.ilo.
  org/wcmsp5/groups/public/---ed_emp/---emp_ent/---multi/documents/publication/wcms_094386.pdf

42

Tripartite Declaration of Principles concerning

and Social Policy

https://www.ilo.
  org/wcmsp5/groups/public/---ed_emp/---emp_ent/---multi/documents/publication/wcms_094386.pdf

(43)  OECD (2018), OECD Due Diligence Guidance for Responsible Business Conduct, available at http://mneguidelines.oecd.org/OECD-Due-Diligence-Guidance-for-Responsible-Business-Conduct.pdf

43

(44)  OECD (2016), OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas: Third Edition, OECD Publishing, Paris, https://doi.org/10.1787/9789264252479-en.

44

(40)  The
  United Nations Guiding
  Principles
  on Business and Human Rights
  , available at
  https://www.ohchr.org/sites/default/files/documents/publications/guidingprinciplesbusinesshr_en.pdf

40

United Nations Guiding

on Business and Human Rights

https://www.ohchr.org/sites/default/files/documents/publications/guidingprinciplesbusinesshr_en.pdf

(41)  UNEP Guidelines for social life cycle assessment of products, available at https://www.lifecycleinitiative.org/wp-content/uploads/2012/12/2009%20-%20Guidelines%20for%20sLCA%20-%20EN.pdf

41

(42)  
  OECD Guidelines for
  Multinational Enterprises, available at
  http://mneguidelines.oecd.org/guidelines/

42

OECD Guidelines for

http://mneguidelines.oecd.org/guidelines/

(43)  OECD (2018), OECD Due Diligence Guidance for Responsible Business Conduct, available at http://mneguidelines.oecd.org/due-diligence-guidance-for-responsible-business-conduct.htm

43

(44)  OECD (2016), OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas: Third Edition, OECD Publishing, Paris, https://doi.org/10.1787/9789264252479-en.

44

(45)  
  Page 15 of the OECD Due Diligence Guidance.

45

Page 15 of the OECD Due Diligence Guidance.

(46)  OECD (2011), OECD Guidelines for Multinational Enterprises, OECD, Paris; OECD (2006), OECD Risk Awareness Tool for Multinational Enterprises in Weak Governance Zones, OECD, Paris; and, Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework (Report of the Special Represantative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and other Business Enterprises, John Ruggie, A/HRC/17/31, 21 March 2011).

46

(46)  OECD (2011), OECD Guidelines for Multinational Enterprises, OECD, Paris; OECD (2006), OECD Risk Awareness Tool for Multinational Enterprises in Weak Governance Zones, OECD, Paris; and, Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework (Report of the Special Represantative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and other Business Enterprises, John Ruggie, A/HRC/17/31, 21 March 2011).

46

(47)  Including The Universal Declaration of Human Rights, The International Covenant on Economic, Social and Cultural Rights, The International Covenant on Civil and Political Rights, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child and the Convention on the Rights of Persons with Disabilities.

47

(48)  The eight fundamental Conventions are 1. Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), 2. Right to Organise and Collective Bargaining Convention, 1949 (No. 98), 3. Forced Labour Convention, 1930 (No. 29) (and its 2014 Protocol), 4. Abolition of Forced Labour Convention, 1957 (No. 105), 5. Minimum Age Convention, 1973 (No. 138), 6. Worst Forms of Child Labour Convention, 1999 (No. 182), 7. Equal Remuneration Convention, 1951 (No. 100), 8. Discrimination (Employment and Occupation) Convention, 1958 (No. 111)

48

(47)  Including The Universal Declaration of Human Rights, The International Covenant on Economic, Social and Cultural Rights, The International Covenant on Civil and Political Rights, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child and the Convention on the Rights of Persons with Disabilities
  and the UN Declaration on the Rights of Indigenous Peoples
  .

47

and the UN Declaration on the Rights of Indigenous Peoples

(48)  The eight fundamental Conventions are 1. Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), 2. Right to Organise and Collective Bargaining Convention, 1949 (No. 98), 3. Forced Labour Convention, 1930 (No. 29) (and its 2014 Protocol), 4. Abolition of Forced Labour Convention, 1957 (No. 105), 5. Minimum Age Convention, 1973 (No. 138), 6. Worst Forms of Child Labour Convention, 1999 (No. 182), 7. Equal Remuneration Convention, 1951 (No. 100), 8. Discrimination (Employment and Occupation) Convention, 1958 (No. 111)

48

(49)  Such as set out in the Convention on biological diversity, available at https://www.cbd.int/convention/text/ and, in particular, Decision COP VIII/28 “Voluntary guidelines on Biodiversity-Inclusive impact assessment, available at https://www.cbd.int/decision/cop/?id=11042 .

49

(49)  Such as set out in the Convention on biological diversity, available at https://www.cbd.int/convention/text/ and, in particular, Decision COP VIII/28 “Voluntary guidelines on Biodiversity-Inclusive impact assessment, available at https://www.cbd.int/decision/cop/?id=11042 .

49

(50)  Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).

50

(51)  Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE) (OJ L 197, 24.7.2012, p. 38).

51

(50)  Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).

50

(51)  Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE) (OJ L 197, 24.7.2012, p. 38).

51

(53)  Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS)(OJ L 154, 21.6.2003, p. 1).

53

(53)  Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS)(OJ L 154, 21.6.2003, p. 1).

53

(54)  Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182, 16.7.1999, p. 1).

54

(54)  Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182, 16.7.1999, p. 1).

54

(58)  Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (OJ L 190, 12.7.2006, p. 1).

58

(59)  Commission Regulation (EC) No 1418/2007 of 29 November 2007 concerning the export for recovery of certain waste listed in Annex III or IIIA to Regulation (EC) No 1013/2006 of the European Parliament and of the Council to certain countries to which the OECD Decision on the control of transboundary movements of wastes does not apply (OJ L 316, 4.12.2007, p. 6).

59

(60)  2000/532/EC: Commission Decision of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste, OJ L 226, 6.9.2000, p. 3.

60

(58)  Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (OJ L 190, 12.7.2006, p. 1).

58

(59)  Commission Regulation (EC) No 1418/2007 of 29 November 2007 concerning the export for recovery of certain waste listed in Annex III or IIIA to Regulation (EC) No 1013/2006 of the European Parliament and of the Council to certain countries to which the OECD Decision on the control of transboundary movements of wastes does not apply (OJ L 316, 4.12.2007, p. 6).

59

(60)  2000/532/EC: Commission Decision of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste, OJ L 226, 6.9.2000, p. 3.

60

(62)  Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1)

62

(62)  Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1)

62

(63)  Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65)

63

(64)  Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243)

64

(63)  Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65)

63

(64)  Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243)

64

(1a)  
  Council Directive 2009/71/Euratom of 25 June 2009 establishing a Community framework for the nuclear safety of nuclear installations (OJ L 172, 2.7.2009, p. 18).

1a

Council Directive 2009/71/Euratom of 25 June 2009 establishing a Community framework for the nuclear safety of nuclear installations (OJ L 172, 2.7.2009, p. 18).

(1a)  
  Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles (OJ L 60, 2.3.2013, p. 52
  )

1a

Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles (OJ L 60, 2.3.2013, p. 52

(1a)  
  Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018, p. 1).

1a

Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018, p. 1).

(67)  Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1)

67

(67)  Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1)

67

(80)  https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013H0179&from=EN

80

(81)  https://ec.europa.eu/environment/eussd/smgp/pdf/PEFCR_guidance_v6.3.pdf

81

(82)  See https://ec.europa.eu/environment/eussd/smgp/dev_methods.htm

82

(80)  https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013H0179&from=EN

80

(81)  https://ec.europa.eu/environment/eussd/smgp/pdf/PEFCR_guidance_v6.3.pdf

81

(82)  See https://ec.europa.eu/environment/eussd/smgp/dev_methods.htm

82

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