On Monday 20 December, the Environment Ministers of the EU27 took note of a progress report from Slovenian Minister and outgoing President of the EU Environment Council, Andrej Vizjak, on the proposed 2020 regulation on batteries and battery waste.
They thanked the Slovenian Presidency for the intensive and excellent work done, believing that the latest revised draft compromise, which draws on delegations’ written comments, will provide an excellent basis for progress in the next six months.
“I am convinced that these discussions will enrich the thinking of the French Presidency”, which will take over the baton, said Mr Vizjak.
This regulation was proposed under the German Presidency of the EU Council (see EUROPE 12620/13). The Portuguese and Slovenian Presidencies have been working hard on this, with the hope of reaching a general approach (a political agreement) soon in 2022.
The compromise concerns the whole text with the exception of Chapter VII on waste management, which still poses difficulties (see EUROPE 12856/5).
Ministers reiterated the importance they attach to : - flexibility for countries to maintain existing and functioning extended producer responsibility systems; - the addition of the ‘Environment’ legal basis (Article 192) to that of the internal market retained for this regulation (Article 114 TFEU). “This dual legal basis is necessary for the management of batteries at the end of their life” they emphasised; - the application of the REACH regulation for dangerous substances.
The Ministers welcomed the creation of a specific category for batteries for light transport vehicles, proposed by the Slovenian Presidency.
Several delegations called for realistic timeframes between the adoption of secondary legislation and its implementation in order to allow sufficient transition periods for economic operators and competent authorities. Estonia has requested a period of at least 12 months between the adoption of delegated or implementing acts and their entry into force.
The European Parliament’s Committee on the Internal Market and Consumer Protection (IMCO) voted on the dossier on 9 December, the Committee on the Environment, Public Health and Food Safety (ENVI) will do so in January and the Parliament in February.
“Everything is in motion to ensure that this regulation can be adopted in due course. Trilogue negotiations could start in spring”, said Commissioner Virginijus Sinkevičius, urging Member States to lose no time so that the regulation could influence battery production for 2023.
He welcomed “the emergence of a consensus on the creation of a fifth category of batteries” (those for light transport).
He also reiterated that, for the Commission, the most appropriate legal basis is Article 114 “to preserve market integrity and create a level playing field between economic operators”.
See the progress report: https://bit.ly/3seuFhL (Original version in French by Aminata Niang)