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5469/23 KR/am 1 TREE.1.A EN C o u n c i l o f th e Eu r o p e a n U n i o n B r u s s e l s , 18 J a n u a r y 2023 O R . en 5469 / 23 EN V 4 1 EN T 1 0 MI 3 0 C O D EC 4 1 I n te r i n s ti t u ti o n a l F i l e 2 0 2 0 / 0 3 5 3 COD O U T C O ME O F PR O C E ED I N G S F ro m G e n e ra l Se cre t a ria t o f t h e C o u n c i l T o D e l e g a t i o n s No. p re v. d o c. 5 2 1 7 / 2 3 N o . C i o n d o c. 1 3 9 4 4 / 2 0 ADD 1 - C O M2 0 2 0 7 9 8 f i n a l Ann e x Su b j e ct Pro p o sa l f o r a R e g u l a t i o n o f t h e Eu ro p e a n Pa rl i a me n t a n d o f t h e C o u n ci l co n ce rn i n g b a t t e rie s a n d w a st e b a t t e rie s, re p e a l i n g D i r e ct i ve 2 0 0 6 / 6 6 / EC a n d a me n d i n g R e g u l a t i o n EU N o 2 0 1 9 / 1 0 2 0 - L e t t e r t o t h e C h a i r o f t h e Eu ro p e a n Pa rli a me n t C o mmitt e e o n t h e En vi ro n me n t , Pu b l i c H e a l t h a n d F o o d Sa f e t y EN VI Following the Permanent Representatives Committee meeting of 18 January 2023 which endorsed the final compromise text with a view to agreement, delegations are informed that the Presidency sent the attached letter, together with its Annex, to the Chair of the European Parliament Committee on the Environment, Public Health and Food Safety ENVI. ____________________ 5469/23 KR/am 2 ANNEX TREE.1.A EN b2 ロり1 臓 Brussels, 18 January 2023 Sgg Council of the European Union Mr Pascal CANFIN Chair, European Parliament Committee for Environment, Public Health and Food Sa ft European Parliament Bt WILLY BRANDT 041099 60, rue Wiertz / Wiertzstraat 60 -1047 Br uxelIes/rsse1 塾」旦i旦壁 Proposalfir a Regulation げthe European Parliament andげthe Council concerning batteries and waste batteries, repealing Directive 2006/66/C and amending Regulation伍のNo 2019/1020口020/0353に（D Dear Mr CANFfN Following the informal meeting between the representatives of the three institutions held on 9 December 2022, a draft overall compromise text was agreed today by the Permanent Representatives Committee. I am therefore now in a position to conftrm that, should the European Parliament adopt its position at first reading, in accordance with Article 294 paragraph 3 of the Treaty, in the form set out in the compromise text contained in the Annex to this letter subject to revision by the legal linguists of both institutions, the Council would, in accordance with Article 294, paragraph 4 of the Treaty, approve the European Parliament s position and the act shall be adopted in the wording which corresponds to the European Parliament s position. On behalf of the Council I also wish to thank you for your close and swift cooperation which should enable us to reach agreement on this dossier at first reading. Yours sincerely, Chairman of the Permanent Representatives Committee Part I Virginijus Sin kviるius, Commissioner Achille Variati, Rapporteur copy to 5469/23 KR/am 3 ANNEX TREE.1.A EN ANNEX 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 No 2019/1020 Text with EEA relevance THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof and Article 1921 thereof in relation to Articles 45g to 62 of this Regulation, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national parliaments, Having regard to the opinion of the European Economic and Social Committee1, Having regard to the opinion of the Committee of the Regions2, Acting in accordance with the ordinary legislative procedure, Whereas 1 OJ C , , p. . 2 OJ C , , p. 5469/23 KR/am 4 ANNEX TREE.1.A EN 1 The European Green Deal3 LVXURSH¶VJURZWKVWUDWHJ\WKDWDLPVWRWUDQVIRUPWKH8QLRQLQWR a fair and prosperous society, with a modern, resource-efficient and competitive economy where there are no net emissions of greenhouse gases in 2050 and where economic growth is decoupled from resource use. A shift from the use of fossil fuels in vehicles to electromobility is one of the prerequisites for reaching the climate neutrality goal in 2050. In RUGHUIRUWKH8QLRQ¶VSURGXFWSROLFLHVWRFRQWULEXWHWRORZHULQJFDUERQHPLVVLRQVRQDJOREDO level, it needs to be ensured that products marketed and sold in the Union are sourced and manufactured in a sustainable manner. 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 end-users 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 . 3 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, The European Green Deal COM 2019 640 final. 5469/23 KR/am 5 ANNEX TREE.1.A EN 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 WKH8QLRQ¶VORQJ-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. 3 Directive 2006/66/EC of the European Parliament and of the Council4 has brought about an improvement in the environmental performance of batteries and established some common rules and obligations for economic operators, in particular through harmonised rules for the heavy metal content and labelling of batteries and rules and targets for the management of all waste batteries, based on extended producer responsibility. 4 Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC OJ L 266, 26.9.2006, p. 1 5469/23 KR/am 6 ANNEX TREE.1.A EN 4 7KHRPPLVVLRQ¶VUHSRUWVRQWKHLPSOHPHQWDWLRQLPSDFWDQGHYDOXDWLRQRI LUHFWLYH 2006/66/EC5 highlighted not only the achievements but also the limitations of that Directive, in particular against a fundamentally changed context characterised by the strategic importance of batteries and their increased use. 5 7KHRPPLVVLRQ¶V6WUDWHJLFFWLRQ3ODQRQDWWHULHV6 sets out measures to support efforts to build a battery value chain in Europe, embracing raw materials extraction, sustainable sourcing and processing, sustainable battery materials, cell manufacturing as well as re-use and recycling of batteries 6 In the European Green Deal, the Commission confirmed its commitment to implement the Strategic Action Plan on Batteries and stated that it would propose legislation to ensure a safe, circular and sustainable battery value chain for all batteries, including to supply the growing market of electric vehicles. 5 Report from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 9 April 2019 on the implementation and the impact on the environment and the functioning of the internal market of Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC COM2019 166 final and Commission Staff Working Document on the evaluation of the Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC SWD2019 1300 final. 6 Annex 2 to Communication from the Commissions to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 17 May 2018, EUROPE ON THE MOVE - Sustainable Mobility for Europe safe, connected and clean COM2018293 final. 5469/23 KR/am 7 ANNEX TREE.1.A EN 7 7KHRXQFLOLQLWVFRQFOXVLRQVRI2FWREHURQµ0RUHFLUFXODULW\± Transition to a VXVWDLQDEOHVRFLHW\¶FDOOHGLQWHUDOLDIRUFRKHUHQWSROLFLHVVXSSRUWLQJWKHGHYHORSPHQWRI technologies that improve the sustainability and circularity of batteries to accompany the transition to electro-mobility. Furthermore, the Council called for an urgent revision of Directive 2006/66/EC, which should include all relevant batteries and materials and which should consider, in particular, specific requirements for lithium and cobalt as well as a mechanism allowing the adaptation of that Directive to future changes in battery technologies. 8 The new Circular Economy Action Plan adopted on 11 March 20207 states that the proposal for a new regulatory framework for batteries will consider rules on recycled content and measures to improve the collection and recycling rates of all batteries, in order to ensure the recovery of valuable materials and to provide guidance to consumers and will address the possible phasing out of non-rechargeable batteries where alternatives exist. Furthermore, it is stated that sustainability and transparency requirements will be considered, taking into account the carbon footprint of battery manufacturing, the ethical sourcing of raw materials and the security of supply in order to facilitate reuse, repurposing and recycling of batteries. 7 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 11 March 2020, A new Circular Economy Action Plan ± For a cleaner and more competitive Europe COM202098 final. 5469/23 KR/am 8 ANNEX TREE.1.A EN 9 Addressing the entire life cycle of all batteries placed on the Union market requires the setting up of harmonised product and marketing requirements, including conformity assessment procedures, as well as requirements to fully address the end-of-life stage of batteries. Requirements concerning the end-of-life stage are necessary to address the environmental implications of the batteries and, in particular, to support the creation of recycling markets for batteries and markets fRUVHFRQGDU\UDZPDWHULDOVIURPEDWWHULHVq,Q order to reach the envisaged objectives to address the whole life cycle of a battery in one legal instrument while avoiding barriers to trade and a distortion of competition and safeguarding the integrity of the internal market, the rules setting out the requirements for batteries should be of uniform application for all operators across the Union, and not give room for divergent implementation by Member States. Directive 2006/66/EC should therefore be replaced by a Regulation. 10 This Regulation should apply to all categories RIEDWWHULHVqSODFHGRQWKHPDUNHWRUSXWLQWR 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, light means of transport 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. 5469/23 KR/am 9 ANNEX TREE.1.A EN Placing on the market is considered to take place when the batteries have been made available for the first time on the Union market, supplied by the manufacturer or importer for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge. Thus, batteries placed in stock in the EU by distributors, including retailers, wholesalers and sales divisions of manufacturers, before the date of application of relevant requirements do not need to meet those requirements. 10a The Regulation should prevent and reduce adverse impacts of batteries on the environment and ensure a safe and sustainable battery value chain for all batteries, taking into account, for instance, the carbon footprint of battery manufacturing, ethical sourcing of raw materials and security of supply, and facilitating reuse, repurposing and recycling. It should seek to improve the environmental performance of batteries and of the activities of all economic operators involved in the life cycle of batteries, e.g. producers, distributors and end-users and, in particular, those operators directly involved in the treatment and recycling of waste batteries. Such measures should ensure transition to a circular economy and the long-term competitiveness of the Union and should contribute to the efficient functioning of the internal market, while taking into account a high level of protection of the environment. This Regulation should also minimise the negative effects of the generation and management of batteries waste on human health and the environment and it should aim at reducing the use of resources, and favour the practical application of the waste hierarchy. 5469/23 KR/am 10 ANNEX TREE.1.A EN Thus, to prevent divergences hampering the free circulation of batterie