Ref. Ares(2024)3131389 - 29/04/2024 EUROPEAN COMMISSION Brussels, XXX […](2024) XXX draft COMMISSION DELEGATED REGULATION (EU) …/... of XXX supplementing Regulation (EU) 2023/1542 of the European Parliament and of the Council by establishing the methodology for the calculation and verification of the carbon footprint of electric vehicle batteries (Text with EEA relevance) This draft has not been adopted or endorsed by the European Commission. Any views expressed are the preliminary views of the Commission services and may not in any circumstances be regarded as stating an official position of the Commission. EN EN EXPLANATORY MEMORANDUM 1. CONTEXT OF THE DELEGATED ACT Batteries are one of the key enablers for sustainable development, green mobility, clean energy and climate neutrality. The Regulation on Batteries and Waste Batteries1 (hereafter “the Regulation”) introduces a harmonised regulatory framework for dealing with the entire life cycle of batteries that are placed on the market in the Union, including requirements on the life cycle carbon footprint of batteries. The Commission is requested to develop the methodology for the calculation and verification of the carbon footprint of several categories of batteries, starting with the methodology for electric vehicle batteries. Annex II to the Regulation includes essential elements for the methodology, including for to rely on the latest version of the Commission Product Environmental Footprint method and the necessity to reflect technical and scientific progress in the area of life cycle assessment. 2. CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT As this is a technical act, it did not need to be supported by an impact assessment or an open public consultation. The delegated act draws on a report of the Joint Research Centre (JRC) of the Commission that was prepared with the input of stakeholders, including two workshops and a dedicated stakeholder consultation. Subsequently, the expert group on waste, in its formation including representatives of businesses and civil society, was consulted on the report of the JRC. The draft delegated act was published for public feedback on the Better Regulation Portal from [..] to [..] 2024. Subsequently, [..]. The proposal was lastly discussed in a meeting of the expert group on waste on [..] 2024. 3. LEGAL ELEMENTS OF THE DELEGATED ACT The delegated act is adopted pursuant to point (a) of the fourth subparagraph of Article 7(1) of the Regulation, which empowers the Commission to adopt a delegated act establishing the methodology for the calculation and verification of the carbon footprint of electric vehicle batteries, in accordance with the essential elements set out in Annex II of the Regulation. 1 EN 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.). 1 EN COMMISSION DELEGATED REGULATION (EU) …/... of XXX supplementing Regulation (EU) 2023/1542 of the European Parliament and of the Council by establishing the methodology for the calculation and verification of the carbon footprint of electric vehicle batteries (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EU) 2023/1542 of the European Parliament and of the Council of 10 July 2023 concerning batteries and waste batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020 and repealing Directive 2006/66/EC2, and in particular Article 7(1), fourth subparagraph, point (a), thereof, Whereas: (1) The expected massive deployment of batteries in sectors such as mobility and energy storage is expected to lead to the reduction of carbon emissions. In order to maximise the effects of that reduction], it is necessary that the overall life cycle of those batteries have a low carbon footprint. (2) Regulation (EU) 2023/1542 lays out requirements for manufacturers to declare the carbon footprint for certain categories of batteries. Following those requirements, the Commission is required to establish the methodology for the calculation and verification of the carbon footprint of several categories of batteries, starting with the methodology for electric vehicle batteries. (3) The essential elements for the carbon footprint methodology specify in pa