Sittings · Document
Draft report (COM(2025)0258 – 2025/0129(COD)) 2025-06-12
Amending Regulation (EU) 2023/1542 as regards obligations of economic operators concerning battery due diligence policies
Committee on the Environment, Climate and Food Safety
Amendment 1
Sara Matthieu
Proposal for a regulation
–
| Proposal for rejection | |
| The European Parliament rejects the Commission proposal. |
Or. en
Justification
Given the materials used in batteries, due diligence is of key relevance. There is no valid reason to postpone the due diligence rules of the Batteries Regulation (BR). The two-year delay of the Directive on Corporate sustainability due diligence (CSDDD) cannot justify delaying the BR, as the BR explicitly prevails over the CSDDD (see Recital 17 CSDDD). The BR has different requirements than CSDDD and was adopted prior to it, illustrating its independence. Finally, delays by Member States in the appointment of notified bodies must not be rewarded by delaying the application of the law.
Amendment 2
Li Andersson
Proposal for a regulation
–
| Proposal for rejection | |
| The European Parliament rejects the Commission proposal. |
Or. en
Amendment 3
Alexandr Vondra, Pietro Fiocchi, Laurence Trochu
Proposal for a regulation
Recital 1
| Text proposed by the Commission | Amendment |
| (1) Regulation (EU) 2023/1542 of the European Parliament and of the Council (2 ) sets out battery due diligence obligations that cover the sourcing, processing and trading of cobalt, natural graphite, lithium and nickel used for battery manufacturing. Those due diligence obligations are to be applied from 18 August 2025. | (1) Regulation (EU) 2023/1542 of the European Parliament and of the Council (2 ) sets out battery due diligence obligations that cover the sourcing, processing and trading of cobalt, natural graphite, lithium and nickel used for battery manufacturing. Those due diligence obligations are to be applied from 18 August 2025. Regulation (EU) 2023/1542 lays down requirements on the removability and replaceability of batteries subject to limited derogations. |
| _________________ | _________________ |
| 2 ()Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 concerning batteries and waste batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020 and repealing Directive 2006/66/EC (OJ L 191, 28.7.2023, p. 1, ELI: http://data.europa.eu/eli/reg/2023/1542/2024-07-18). | 2 ()Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 concerning batteries and waste batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020 and repealing Directive 2006/66/EC (OJ L 191, 28.7.2023, p. 1, ELI: http://data.europa.eu/eli/reg/2023/1542/2024-07-18). |
Or. en
Amendment 4
Alexandr Vondra
Proposal for a regulation
Recital 1 a (new)
| Text proposed by the Commission | Amendment |
| (1a) Regulation (EU) 2023/1542 of the European Parliament and of the Council lays down requirements for the removability and replaceability of batteries, including those used in portable devices and light means of transport (LMT) as set out in Article 11. Paragraph 5 of that Article further specifies that individual battery cells within a battery pack should also be removable and replaceable by an independent professional. While the objective of enhancing the reparability and sustainability of batteries is fully aligned with Union circularity objectives, the obligation to ensure the removability and replaceability of individual cells gives rise to serious concerns regarding safety risks, notably fire hazards, which could result from improper handling or inadequate reassembling of battery packs. In addition, the current state of the market does not yet offer sufficient readiness in terms of compliant design solutions and harmonised standards, and there are significant challenges in the certification processes of such battery systems. Furthermore, this provision could place disproportionate burdens on Union manufacturers compared to third-country competitors not subject to equivalent safety and sustainability obligations, thus distorting fair competition. Consequently, the scope of that Article should not include individual cells, and equivalent objectives could be better achieved by allowing an independent professional to remove and replace battery pack and battery modules. |
Or. en
Amendment 5
Anne-Sophie Frigout, Mathilde Androuët
Proposal for a regulation
Recital 2
| Text proposed by the Commission | Amendment |
| (2) At a time when the geopolitical landscape continues to shift, various challenges need to be overcome, including in sourcing of raw materials. Battery manufacturers need time to analyse and, where necessary, adjust their supply chains as a result. | (2) At a time when the geopolitical landscape continues to shift, when the European Union is turning out to be increasingly dependent on third countries, both for the sourcing of rare metals and also for batteries and high added-value finished products, battery manufacturers need time to analyse and, where necessary, adjust their supply chains as a result. |
Or. fr
Amendment 6
Alexandr Vondra, Pietro Fiocchi, Laurence Trochu
Proposal for a regulation
Recital 2
| Text proposed by the Commission | Amendment |
| (2) At a time when the geopolitical landscape continues to shift, various challenges need to be overcome, including in sourcing of raw materials. Battery manufacturers need time to analyse and, where necessary, adjust their supply chains as a result. | (2) At a time when the geopolitical landscape continues to shift, various challenges need to be overcome, including in sourcing of raw materials. Battery manufacturers need time to analyse and, where necessary, adjust their supply chains as a result. The automotive industry is particularly under pressure due to the 2035 deadline for the internal combustion engines since that technology is expected to be replaced by batteries within electric vehicles, with CO2 emissions binding targets set in Regulation (EU) 2019/631 to achieve the ultimate objective of carbon neutrality by 2050. Bearing that objective in mind, Article 7 of Regulation (EU) 2023/1542 required the Commission to adopt by 18 February 2024 a delegated act establishing the methodology for the calculation and verification of the carbon footprint of the battery for electric vehicle batteries and an implementing act establishing the format for the carbon footprint declaration. Since the calculation and declaration should be verified by notified bodies, those bodies cannot begin their work until the necessary delegated and implementing acts are adopted. |
Or. en
Amendment 7
Andrea Wechsler
Proposal for a regulation
Recital 3
| Text proposed by the Commission | Amendment |
| (3) The battery due diligence obligations include requirements for third-party verification by notified bodies. However, the designation of notified bodies for battery due diligence policies is taking longer than expected. Due diligence schemes recognised by the Commission in accordance with Article 53 of Regulation (EU) 2023/1542 would facilitate the work of economic operators and of notified bodies. However, due diligence schemes addressing battery raw materials still need to be further developed and implemented, and then go through the recognition process. | (3) The battery due diligence obligations include requirements for third-party verification by notified bodies. Directive (EU) 2024/1760 of the European Parliament and of the Council of 13 June 2024 on corporate sustainability due diligence will become fully applicable also for economic operators placing batteries on the market. |
Or. en
Amendment 8
Anne-Sophie Frigout, Mathilde Androuët
Proposal for a regulation
Recital 3
| Text proposed by the Commission | Amendment |
| (3) The battery due diligence obligations include requirements for third-party verification by notified bodies. However, the designation of notified bodies for battery due diligence policies is taking longer than expected. Due diligence schemes recognised by the Commission in accordance with Article 53 of Regulation (EU) 2023/1542 would facilitate the work of economic operators and of notified bodies. However, due diligence schemes addressing battery raw materials still need to be further developed and implemented, and then go through the recognition process. | (3) The battery due diligence obligations include requirements for third-party verification by notified bodies and aim, over and above respect for workers’ rights and the environment, to protect our European industries, by excluding from the market batteries which do not come from responsible mining. However, the designation of notified bodies for battery due diligence policies is taking longer than expected. Due diligence schemes recognised by the Commission in accordance with Article 53 of Regulation (EU) 2023/1542 would facilitate the work of economic operators and of notified bodies. However, due diligence schemes addressing battery raw materials still need to be further developed and implemented, and then go through the recognition process, whose aims include protecting the European battery industry from competition characterised by social and environmental dumping. |
Or. fr
Amendment 9
Alexandr Vondra, Pietro Fiocchi, Laurence Trochu
Proposal for a regulation
Recital 3 a (new)
| Text proposed by the Commission | Amendment |
| (3a) The removability and replaceability requirements might need technical adjustments that could prevent certain sectors from complying in due time or with economically feasible solutions. Therefore, the Commission should keep open the possibility to apply for derogations for stakeholders facing documented challenges as referred to in article 11 paragraph 4. |
Or. en
Amendment 10
Andrea Wechsler
Proposal for a regulation
Recital 4
| Text proposed by the Commission | Amendment |
| (4) In order to provide sufficient time for the notification of conformity assessment bodies and to allow economic operators placing batteries on the market to be in a position to comply with their obligations, the date of application of the battery due diligence policies set out in Regulation (EU) 2023/1542, should be postponed by two years. | deleted |
Or. en
Amendment 11
Alexandr Vondra
Proposal for a regulation
Recital 4 a (new)
| Text proposed by the Commission | Amendment |
| (4a) Consequently, the automotive industry cannot be required to fulfil parallel obligations set in Regulation (EU) 2019/631 as long as the level-playing field between both technologies and reliable supply or raw material is not ensured. Therefore, the 2035 deadline to achieve the full electrification of the EU fleet-wide referred to in Article 1 of Regulation (EU) 2019/631 should be postponed sine die. |
Or. en
Amendment 12
Andrea Wechsler
Proposal for a regulation
Recital 5
| Text proposed by the Commission | Amendment |
| (5) Directive (EU) 2024/1760 of the European Parliament and of the Council (3) lays down rules and obligations to ensure that companies identify and address potential and actual adverse human rights and environmental impacts in the company’s own operations, the operations of their subsidiaries and, where related to their chains of activities, the operations of their business partners. | deleted |
| _________________ | |
| 3 ()Directive (EU) 2024/1760 of the European Parliament and of the Council of 13 June 2024 on corporate sustainability due diligence and amending Directive (EU) 2019/1937 and Regulation (EU) 2023/2859 (OJ L, 2024/1760, 5.7.2024, p. 1, http://data.europa.eu/eli/dir/2024/1760/oj). |
Or. en
Amendment 13
Andrea Wechsler
Proposal for a regulation
Recital 6
| Text proposed by the Commission | Amendment |
| (6) The Commission is to publish, in accordance with Article 48(5) Article of Regulation (EU) 2023/1542, guidelines as regards the application of the due battery diligence requirements. The Commission is to make available, in accordance with Article 19(2), point (a) of Directive (EU) 2024/1760, guidelines as regards guidance and best practices on how to conduct due diligence. Consistency between Regulation (EU) 2023/1542 and Directive (EU) 2024/1760 is important for companies in the battery supply chain. Therefore, the relevant dates for the publication and making available of those guidelines should be harmonised. | deleted |
Or. en
Amendment 14
Alexandr Vondra, Pietro Fiocchi, Laurence Trochu
Proposal for a regulation
Recital 6
| Text proposed by the Commission | Amendment |
| (6) The Commission is to publish, in accordance with Article 48(5) Article of Regulation (EU) 2023/1542, guidelines as regards the application of the due battery diligence requirements. The Commission is to make available, in accordance with Article 19(2), point (a) of Directive (EU) 2024/1760, guidelines as regards guidance and best practices on how to conduct due diligence. Consistency between Regulation (EU) 2023/1542 and Directive (EU) 2024/1760 is important for companies in the battery supply chain. Therefore, the relevant dates for the publication and making available of those guidelines should be harmonised. | (6) The Commission is to publish, in accordance with Article 48(5) Article of Regulation (EU) 2023/1542, guidelines as regards the application of the due battery diligence requirements. The Commission is to make available, in accordance with Article 19(2), point (a) of Directive (EU) 2024/1760, guidelines as regards guidance and best practices on how to conduct due diligence. Consistency between Regulation (EU) 2023/1542 and Directive (EU) 2024/1760 is important for companies in the battery supply chain. Therefore, the relevant dates for the publication and making available of those guidelines should be harmonised. The Commission should also adopt without any further delay the delegated act in accordance with Article 89 to supplement Regulation (EU) 2023/1542 by establishing the methodology for the calculation and verification of the carbon footprint of the battery for electric vehicles as referred to in Article 7(1) point (d), in accordance with the essential elements set out in Annex II, and the corresponding implementing act establishing the format for the carbon footprint declaration for electric vehicles batteries referred to Article 7(1) in accordance with the examination procedure referred to in Article 90(3). |
Or. en
Amendment 15
Alexandr Vondra
Proposal for a regulation
Article 1 – paragraph -1 (new)
Regulation (EU) 2023/1542
Article 11 – paragraph 5
| Present text | Amendment |
| -1 Article 11, paragraph 5 of Regulation (EU) 2023/1542 is replaced by the following: | |
| 5. Any natural or legal person that places on the market products incorporating LMT batteries shall ensure that those batteries, as well as individual battery cells included in the battery pack, are readily removable and replaceable by an independent professional at any time during the lifetime of the product. | "5. Any natural or legal person that places on the market products incorporating LMT batteries shall ensure that those batteries, as well as individual battery modules included in the battery pack, are readily removable and replaceable by an independent professional at any time during the lifetime of the product." |
Or. en
(32023R1542)
Amendment 16
Andrea Wechsler
Proposal for a regulation
Article 1 – subparagraph 1
| Text proposed by the Commission | Amendment |
| in paragraph 1, ‘18 August 2025’ is replaced by ‘18 August 2027’; | paragraph 1 is replaced by "From 18 August 2027, economic operators that place batteries on the market or put them into service shall fulfil the due diligence obligations laid down in Directive (EU) 2024/1760 of the European Parliament and of the Council of 13 June 2024 on corporate sustainability due diligence." |
Or. en
Amendment 17
Andrea Wechsler
Proposal for a regulation
Article 1 – subparagraph 2
| Text proposed by the Commission | Amendment |
| in paragraph 5, ‘18 February 2025’ is replaced by ‘26 July 2026’. | deleted |
Or. en
Amendment 18
Andrea Wechsler
Proposal for a regulation
Article 1 – subparagraph 2 a (new)
| Text proposed by the Commission | Amendment |
| Paragraphs 2, 3, 4, 5, 6, 7 and 8 are deleted; |
Or. en
Amendment 19
Andrea Wechsler
Proposal for a regulation
Article 1 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
| Article 49 of Regulation (EU) 2023/1542 is deleted; |
Or. en
Amendment 20
Andrea Wechsler
Proposal for a regulation
Article 1 – paragraph 1 b (new)
| Text proposed by the Commission | Amendment |
| Article 50 of Regulation (EU) 2023/1542 is deleted; |
Or. en
Amendment 21
Andrea Wechsler
Proposal for a regulation
Article 1 – paragraph 1 c (new)
| Text proposed by the Commission | Amendment |
| Article 51 of Regulation (EU) 2023/1542 is deleted; |
Or. en
Amendment 22
Andrea Wechsler
Proposal for a regulation
Article 1 – paragraph 1 d (new)
| Text proposed by the Commission | Amendment |
| Article 52 of Regulation (EU) 2023/1542 is deleted. |
Or. en