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1. Stationary battery energy storage systems placed on the market or put into service shall be safe during their normal operation and use.

2. By 18 August 2024, the technical documentation referred to in Annex VIII shall:

(a) demonstrate that the stationary battery energy storage systems are compliant with paragraph 1 and include evidence that they have been successfully tested for the safety parameters set out in Annex V, for which state-of-the-art testing methodologies shall be used. The safety parameters shall only apply in so far as a corresponding hazard exists for the stationary battery energy storage system in question when it is used under the conditions envisaged by the manufacturer;

(b) include an assessment of possible safety hazards of the stationary battery energy storage system that are not addressed in Annex V;

(c) include evidence that the hazards referred to in point (b) have been successfully mitigated and tested; state-of-the-art testing methodologies shall be used for such testing;

(d) include mitigation instructions in case the identified hazards could occur, for example a fire or explosion.

The technical documentation shall be reviewed if a battery is prepared for re-use, prepared for repurposing, remanufactured or repurposed.

3. The Commission is empowered to adopt delegated acts in accordance with Article 89 to amend the safety parameters set out in Annex V in view of technical and scientific progress.