70 Amendments of Manuela RIPA related to 2020/0353(COD)
Amendment 57 #
Proposal for a regulation
Recital 20
Recital 20
(20) The increased use of recovered materials would support the development of the circular economy and allow a more resource-efficient use of materials, while reducing Union dependency on materials from third countries. For batteries, this is particularly relevant for cobalt, lead, lithium and nickel. Therefore, it is necessary to promote the recovery of such materials from waste, establishing a requirement on the level of recycled content in batteries using cobalt, lead, lithium and nickel in active materials. This Regulation sets mandatory recycled content targets for cobalt, lead, lithium and nickel and which should be met by 203028. For cobalt, lithium and nickel increased targets are established by 20353. All targets, should take into account the availability of waste, from which such materials can be recovered, the technical feasibility of the involved recovery and manufacture processes as well as the time needed by the economic operators to adapt their supply and manufacturing processes. Therefore, before such mandatory targets become applicable, the requirement related to recycled content should be limited to disclosure of information on recycled content.
Amendment 59 #
Proposal for a regulation
Recital 21
Recital 21
(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 amendincreasing the targets for the minimum share of recycled cobalt, lead, lithium or nickel present in active materials in batteries.
Amendment 63 #
Proposal for a regulation
Recital 59
Recital 59
(59) Only few countries supply those materials and, in some cases, low standards of governance may exacerbate environmental and social problems. Both cobalt and nickelCobalt, copper, nickel, iron and bauxite mining and refining are related to a large range of social and environmental issues, including environmental hazard potential and human health. While the social and environmental impacts for natural graphite are less severe, its mining has high shares of artisanal and small scale operations, which mostly takes place in informal settings and can lead to serious health and environmental impacts, including no regular mine closure and no rehabilitation, which results in the destruction of ecosystems and soils. For lithium, the expected increase in its use in battery manufacturing is likely to put additional pressure on extraction and refining operations, what would recommend including lithium in the scope of the supply chain due diligence obligations. The expected massive increase in demand for batteries in the Union should not contribute to an increase of such environmental and social risks.
Amendment 66 #
Proposal for a regulation
Recital 62
Recital 62
(62) The United Nations Guiding Principles on Business and Human Rights stipulate that economic operators should carry out due diligence as a means to meet their corporate responsibility with respect to human rights. In the Union, general requirements on due diligence in relation to certain minerals and metals were introduced by Regulation (EU) No 2017/821 of the European Parliament and of the Council39 . That Regulation does not, however, address the minerals and materials used for battery production. _________________ 39Regulation (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)
Amendment 67 #
Proposal for a regulation
Recital 63
Recital 63
(63) Therefore, corporate responsibility to respect human rights, social rights, human health and the environment should apply to all operations and business relationships of an economic operator throughout the value chain. As the extraction, processing and trading of certain raw materials that are used in the battery manufacturing carry particular risks, and in view of the expected exponential growth in battery demand in the EU, therequirements with regard to due diligence by economic operators that places a batteryies on the EU market should be 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, the manufacturing itself as well as all relevant downstream operations.
Amendment 68 #
Proposal for a regulation
Recital 64
Recital 64
(64) When putting in place aconducting risk-based due diligence policy, it should be based on internationally recognised due diligence principles in instruments such as the United Nations Guiding Principles on Business and Human Rights1a, the Ten Principles of the United Nations Global Compact40 , the Guidelines for Social Life Cycle Assessment of Products41 , the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy42 , the OECD Guidelines for Multinational Enterprises1b, and the OECD Due Diligence Guidance for Responsible Business Conduct (RBC)43 , which reflect a common understanding amongst governments and stakeholders, and should be tailored to the specific context and circumstances of each economic operator. In relation to the extraction, processing and trading of natural mineral resources used for battery production, the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict- Affected and High-Risk Areas44 (‘OECD Due Diligence Guidance’) represents a long-standing effort by governments and stakeholders to establish goon internationally acknowledged standard addressing specific risks of gross human rights' violations related to the sourcing and ptractice in this area. _________________ding of certain raw materials in the context of conflict. _________________ 1a United Nations Guiding Principles on Business and Human, available at https://www.ohchr.org/documents/publica tions/guidingprinciplesbusinesshr_en.pdf 1bOECD Guidelines for Multinational Enterprises, available at http://mneguidelines.oecd.org/guidelines/ 40The Ten Principles of the UN Global Compact, available at https://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 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_09438 6.pdf 43OECD (2018), OECD Due Diligence Guidance for Responsible Business Conduct, available at http://mneguidelines.oecd.org/OECD-Due- Diligence-Guidance-for-Responsible- Business-Conduct.pdf 44OECD (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.
Amendment 71 #
Proposal for a regulation
Recital 65
Recital 65
(65) According to the OECD Due Diligence Guidance45 se standards, due diligence is an on-going, proactive and reactive process through which companies can ensure that they respect human rights and the environment and do not contribute to conflict.46 . Risk-based due diligence refers to the steps companies should take to identify and address actual or potential risks in order to, cease, prevent or, mitigate and account for adverse impacts associated with their activities or sourcing decisions. Economic operators should conduct informed, effective and meaningful consultation with actually and potentially affected rights-holders. A company can assess risk posed by its activities and relationships and adopt risks mitigating measures in line with relevant standards provided under national and international law, recommendations on responsible business conduct by international organisations, government- backed tools, private sector voluntary initiatives and a company's internal policies and systems. This approach also helps to scale the due diligence exercise to the size of the company's activities or supply chain relationships. _________________ 45 Page 15 of the OECD Due Diligence Guidance. 46OECD (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).
Amendment 74 #
Proposal for a regulation
Recital 65 a (new)
Recital 65 a (new)
(65 a) While private sector chain due diligence schemes can support economic operators in their due diligence, economic operators retain individual responsibility to comply with the due diligence obligations set out in this Regulation.
Amendment 76 #
Proposal for a regulation
Recital 66
Recital 66
(66) Mandatory supplyvalue 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 78 #
Proposal for a regulation
Recital 67
Recital 67
(67) As regards the social risk categories, due diligence policies should address the risks in the battery supply chain in relation to the protection of human rights, including human health, rights of indigenous people, protection of children and gender equality, in line with international human rights law47 . The due diligence policies should include information on how the economic operator has contributed to the prevention of human rights abuses and on the instruments in place with the operator’s business structure to fight corruption and bribery. The due diligence policies should also ensure correct implementation of the rules of fundamental conventions of the International Labour Organisation48 as listed in Annex I of the ILO Tripartite Declaration. _________________ 47Including 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. 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)
Amendment 80 #
Proposal for a regulation
Recital 68
Recital 68
(68) As regards the environmental risk categories, the due diligence policies should address the risks in the battery supply chain in relation to protection of the natural environment, the climate in line with the UN Paris Agreement and of the biological diversity in line with the Convention on Biological Diversity49 , which includes also the consideration of local communities, and the protection and the development of those communities. _________________ 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=1104 2.
Amendment 81 #
Proposal for a regulation
Recital 69
Recital 69
(69) The supplyvalue 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 82 #
Proposal for a regulation
Recital 69 a (new)
Recital 69 a (new)
(69 a) Even when due diligence has been carried out, harm might occur. Economic operators should actively engage in remediation for such harm, by itself or in cooperation with other actors. They should be liable for adverse impact they or the entities they control or are able to control caused or contributed to. Those adversely impacted should be entitled to remediation and should be provided access to justice.
Amendment 83 #
Proposal for a regulation
Recital 70
Recital 70
(70) Other EU legislative instruments that lay down requirements regarding supplyvalue 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.
Amendment 84 #
Proposal for a regulation
Recital 71
Recital 71
(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 supplyvalue chain due diligence requirements.
Amendment 86 #
Proposal for a regulation
Recital 88
Recital 88
(88) Industrial and electric vehicle batteries that are no longer fit for the initial purpose for which they were manufactured may be used for a different purpose as stationary energy storage batteries. A market for the second life of used industrial and electric vehicle batteries is emerging and in order to support the practical application of the waste hierarchy, specific rules should thus be defined to allow responsible repurposing of used batteries while taking into account the precautionary principle and ensuring safety of use for end users. Any such used battery should undergo an assessment of its state of health and available capacity to ascertain its suitability for use for any other than its original purpose. Batteries that are found to be suitable for use other than its original purpose should be repurposed. In order to ensure uniform conditions for the implementation of provisions related to the estimation of the state of health of batteries, implementing powers should be conferred on the Commission.
Amendment 103 #
Proposal for a regulation
Article 2 – paragraph 1 – point 36
Article 2 – paragraph 1 – point 36
(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, preventing and addressing actual and potential risks linked to the sourcing, processing and trading of the raw materials required for battery manufacturing;, chemicals and secondary raw materials required for battery manufacturing (supply chain), linked to its manufacturing operations and linked to all business relationships; (Horizontal amendment that applies throughout the text.)
Amendment 117 #
Proposal for a regulation
Article 8 – title
Article 8 – title
Recycled content in industrial batteries, electric vehicle batteries and automotive batteriesbatteries (The change of the scope to all batteries with regard to recycled content should apply horizontally throughout the text.)
Amendment 120 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. From 1 January 20275, industrial batteries, electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kWhbatteries 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.
Amendment 130 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
By 31 December 20253, 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).
Amendment 136 #
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. From 1 January 2030, industrial batteries, electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kWh28, batteries that contain cobalt, lead, lithium or nickel in active materials shall be accompanied by technical documentation demonstrating that those batteries contain the following minimum share of cobalt, lead, lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant:
Amendment 152 #
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. From 1 January 2035, industrial batteries, electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kWh3, batteries that contain cobalt, lead, lithium or nickel in active materials shall be accompanied by a technical documentation demonstrating that those batteries contain the following minimum share of cobalt, lead, lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant:
Amendment 162 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Where justified and appropriate due to the availability of cobalt, lead, lithium or nickel recovered from post waste, or the lack thereof, the Commission shall be empowered to adopt, by 31 December 20275, a delegated act in accordance with Article 73, to amendincrease the targets laid down in paragraphs 2 and 3.
Amendment 165 #
Proposal for a regulation
Article 9 – title
Article 9 – title
9 Performance and durability requirements for portable batteries of general use(Horizontal amendment: the extension of the scope with regard to the performance and durability requirements of portable batteries should apply throughout the whole text.)
Amendment 168 #
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 73 to amend dd further electrochemical performance and durability parameters laid down in Annex III in view of technical and scientific progress.
Amendment 196 #
Proposal for a regulation
Article 39 – title
Article 39 – title
39 Obligation for economic operators that place rechargeable industrial batteries and electric-vehicle batteries with internal storage and a capacity above 2 kWh on the market to establish supply chain due diligence policiesbatteries on the market to conduct value chain due diligence (Horizontal amendment: the extension of the scope of due diligence to all economic operators placing batteries on the market should apply throughout the text.)
Amendment 200 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
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 kWhbatteries on the market shall comply with the supplyvalue 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 205 #
Proposal for a regulation
Article 39 – paragraph 2 – point a
Article 39 – paragraph 2 – point a
(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;for the manufacturing of batteries, including raw materials and secondary raw materials indicated in Annex X, point 1, as well as hazardous chemicals; (Horizontal amendment that should apply throughout the whole text.)
Amendment 206 #
Proposal for a regulation
Article 39 – paragraph 2 – point a a (new)
Article 39 – paragraph 2 – point a a (new)
(a a) adopt, and clearly communicate to the public, a company policy for the manufacturing of batteries and all related business operations;
Amendment 207 #
Proposal for a regulation
Article 39 – paragraph 2 – point b
Article 39 – paragraph 2 – point b
(b) incorporate in its supply chaindue diligence policy standards consistent with the standards set out in the model supply chain policy in Annex II to the OECD Due Diligence Guidance;UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprisesin order to identify, prevent, address and mitigate adverse impacts; (Horizontal amendment that should apply throughout the text.)
Amendment 211 #
Proposal for a regulation
Article 39 – paragraph 2 – point c
Article 39 – paragraph 2 – point c
(c) structure its respective internal management systems to support supplyvalue chain due diligence by assigning responsibility to senior management to oversee the supplyvalue chain due diligence process as well as maintain records of those systems for a minimum of five years;
Amendment 212 #
Proposal for a regulation
Article 39 – paragraph 2 – point d – introductory part
Article 39 – paragraph 2 – point d – introductory part
(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 ofying upstream actors in the supply chain.
Amendment 217 #
Proposal for a regulation
Article 39 – paragraph 2 – point d – paragraph 2
Article 39 – paragraph 2 – point d – paragraph 2
Amendment 219 #
Proposal for a regulation
Article 39 – paragraph 2 – point e
Article 39 – paragraph 2 – point e
(e) incorporate its supplyvalue chain policy into contracts and agreements with suppliers, including their risk management measures;
Amendment 221 #
Proposal for a regulation
Article 39 – paragraph 2 – point f
Article 39 – paragraph 2 – point f
(f) establish a grievance mechanism as an early-warning risk-awareness system and remediation mechanism for harm or provide such mechanisms through collaborative arrangements with other economic operators or organisations, or by facilitating recourse to an external expert or body, such as an ombudsman.
Amendment 222 #
Proposal for a regulation
Article 39 – paragraph 2 – point f a (new)
Article 39 – paragraph 2 – point f a (new)
(f a) consult with potentially affected right holders and non-governmental organisations active in the field for the establishment of the grievance mechanism and report about this in a transparent manner;
Amendment 223 #
Proposal for a regulation
Article 39 – paragraph 3 – point a
Article 39 – paragraph 3 – point a
(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 2value chain, including related to the use of energy, materials and chemicals, and including emissions, discharges and losses of hazardous substances as well as waste treatment operations, on the basis of the information provided pursuant to paragraph 2 and any other relevant information that is either publicly available or provided by stakeholders, including potentially affected communities and relevant civil society organisations, against the standards of their supplyvalue chain policy;
Amendment 224 #
Proposal for a regulation
Article 39 – paragraph 3 – point b – introductory part
Article 39 – paragraph 3 – point b – introductory part
(b) implement a strategy to respond to the identified risks designed so as to prevent or, mitigate and address adverse impacts by:
Amendment 225 #
Proposal for a regulation
Article 39 – paragraph 3 – point b – point i
Article 39 – paragraph 3 – point b – point i
(i) reporting findings of the supplyvalue chain risk assessment to senior management designated for that purpose;
Amendment 228 #
Proposal for a regulation
Article 39 – paragraph 3 – point b – point ii
Article 39 – paragraph 3 – point b – point ii
(ii) adopting risk management measures consistent with Annex II to the OECD Dinternationally recognised due Ddiligence Guidance, considering their ability to influencestandards listed in Annex X, point 3, and where necessary take steps to exert pressure on supplierbusiness relationships who can most effectively prevent or mitigate the identified risk;
Amendment 230 #
Proposal for a regulation
Article 39 – paragraph 3 – point b – point iii
Article 39 – paragraph 3 – point b – point iii
(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 supplierbusiness relationship after failed attempts at mitigation, based on relevant contractual arrangements in line with the second subparagraph to paragraph 2 above;
Amendment 231 #
Proposal for a regulation
Article 39 – paragraph 3 – subparagraph 1
Article 39 – paragraph 3 – subparagraph 1
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 parpotentially affected communities, and agree on a strategy for measurable risk mitigation in the risk management plan.
Amendment 232 #
Proposal for a regulation
Article 39 – paragraph 3 – subparagraph 2
Article 39 – paragraph 3 – subparagraph 2
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 outvalue chain. The economic operator referred to in paragraph 1 may make use of third -party verifications of its own supply chains due diligence via a notified body in accordance with the first subparagraph in paragraph 4 reports for that purpose.
Amendment 233 #
Proposal for a regulation
Article 39 – paragraph 3 a (new)
Article 39 – paragraph 3 a (new)
3 a. The economic operator referred to in paragraph 1 shall have their value chain due diligence policies and processes supervised and verified by the relevant competent national authority which shall: (a) supervise whether economic operators comply with their due diligence requirements as set out in this Regulation; (b) include in its supervision 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;as well as, where relevant, carry out checks on undertakings and interviews with affected or potentially affected stakeholders or their representatives; (c) 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; (d) make recommendations to the economic operators that place batteries on the market on how to improve their supply chain due diligence practices; (e) respect the audit principles of independence, competence and accountability, as set out in the OECD Due Diligence Guidance; (f) may order the temporary suspension of activities or a ban on the operation in the internal market, if the failure to comply with this Regulation could directly lead to irreparable harm. (If this amendment is adopted, Article 39(4) of the Commission proposal should be deemed to be deleted.)
Amendment 234 #
Proposal for a regulation
Article 39 – paragraph 4 – subparagraph 1 – point b
Article 39 – paragraph 4 – subparagraph 1 – point b
(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, and where relevant, carry out checks and gather information from stakeholders, including potentially affected communities and relevant civil society organisations;
Amendment 235 #
Proposal for a regulation
Article 39 – paragraph 7 a (new)
Article 39 – paragraph 7 a (new)
7 a. Respecting due diligence obligations shall not absolve economic operators of any liability which it may incur pursuant to national law. 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. Member States shall ensure that their liability regime is such that economic operators that prove that they took all due care in line with this Regulation to avoid the harm in question, or that the harm would have occurred even if all due care had been taken, are not held liable for that harm. Member States shall ensure that the limitation period for bringing civil liability claims concerning harm arising out of adverse impacts on human rights and the environment is reasonable.
Amendment 236 #
Proposal for a regulation
Article 39 – paragraph 8 – point a a (new)
Article 39 – paragraph 8 – point a a (new)
(a a) Amend the list of international instruments in Annex X in view of international progress;
Amendment 239 #
Proposal for a regulation
Article 39 – paragraph 8 a (new)
Article 39 – paragraph 8 a (new)
8 a. The Commission shall, no later than [12 months after the entry into force of the Regulation], adopt an implementing act establishing the format for the social and environmental risk categories indicated in Annex X, point 2. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 74(3).
Amendment 255 #
Proposal for a regulation
Article 57 – paragraph 2
Article 57 – paragraph 2
2. Recyclers shall ensure that each recycling process shall achieve the minimum recycling efficiencies and the levels of recovered materials laid down, respectively, in Parts B and C of Annex XII. Recyclers shall ensure that the minimum levels of recovered materials in Part C of the Annex are battery grade.
Amendment 263 #
Proposal for a regulation
Article 57 – paragraph 5
Article 57 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts, in accordance with Article 73, to amendincrease 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.
Amendment 273 #
Proposal for a regulation
Article 59 – paragraph 1 a (new)
Article 59 – paragraph 1 a (new)
1 a. All used rechargeable industrial batteries and electric vehicle batteries with internal storage with a capacity above 2 kWh shall be assessed 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 291 #
Proposal for a regulation
Annex III – point 1
Annex III – point 1
1. BReal-life battery capacity, electric charge which a battery can delivers under a specific set ofreal- life conditions.
Amendment 297 #
Proposal for a regulation
Annex VI – Part A – paragraph 1 – point 6 a (new)
Annex VI – Part A – paragraph 1 – point 6 a (new)
6 a. Real-life capacity
Amendment 299 #
Proposal for a regulation
Annex X – point 1 – point a a (new)
Annex X – point 1 – point a a (new)
(a a) copper
Amendment 300 #
Proposal for a regulation
Annex X – point 1 – point d a (new)
Annex X – point 1 – point d a (new)
(d a) iron
Amendment 302 #
Proposal for a regulation
Annex X – point 1 – point d b (new)
Annex X – point 1 – point d b (new)
(d b) bauxite
Amendment 309 #
Proposal for a regulation
Annex X – point 2 – point d a (new)
Annex X – point 2 – point d a (new)
(d a) climate, including greenhouse gas emissions;
Amendment 311 #
Proposal for a regulation
Annex X – point 2 – point i
Annex X – point 2 – point i
(i) community life., including that of indigenous people;
Amendment 312 #
Proposal for a regulation
Annex X – point 3 – point a a (new)
Annex X – point 3 – point a a (new)
(a a) UN Guiding Principles on Business and Human Rights;
Amendment 313 #
Proposal for a regulation
Annex X – point 3 – point c a (new)
Annex X – point 3 – point c a (new)
(c a) The eight fundamental ILO Conventions as defined under the ILO Declaration on Fundamental Principles and Rights at Work
Amendment 316 #
Proposal for a regulation
Annex X – point 3 – point f
Annex X – point 3 – point f
(f) OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk AreaGuidelines for Multinational Enterprises.
Amendment 318 #
Proposal for a regulation
Annex X – point 3 – point f a (new)
Annex X – point 3 – point f a (new)
(f a) The UN Paris Agreement.
Amendment 325 #
Proposal for a regulation
Annex XII – Part B – point 1 – point -a (new)
Annex XII – Part B – point 1 – point -a (new)
(-a) recycling of 85 % by average weight of nickel-cadmium batteries;
Amendment 327 #
Proposal for a regulation
Annex XII – Part B – point 1 – point c
Annex XII – Part B – point 1 – point c
(c) recycling of 560 % by average weight of other waste batteries.
Amendment 329 #
Proposal for a regulation
Annex XII – Part B – point 2 – point -a (new)
Annex XII – Part B – point 2 – point -a (new)
(-a) recycling of 90 % by average weight of nickel-cadmium batteries;
Amendment 330 #
Proposal for a regulation
Annex XII – Part B – point 2 – point b a (new)
Annex XII – Part B – point 2 – point b a (new)
(b a) (c) recycling of 70 % by average weight of other waste batteries.
Amendment 335 #
Proposal for a regulation
Annex XII – Part C – point 1 – point a
Annex XII – Part C – point 1 – point a
(a) 905 % for cobalt;
Amendment 336 #
Proposal for a regulation
Annex XII – Part C – point 1 – point c
Annex XII – Part C – point 1 – point c
(c) 905 % for lead;
Amendment 339 #
Proposal for a regulation
Annex XII – Part C – point 1 – point e
Annex XII – Part C – point 1 – point e
(e) 905 % for nickel.
Amendment 340 #
Proposal for a regulation
Annex XII – Part C – point 1 – point e a (new)
Annex XII – Part C – point 1 – point e a (new)
(e a) 95% for cadmium