The ‘general approach’ (or political agreement) expected from the EU Council on the proposed regulation on batteries and battery waste is the only formal decision expected at the meeting of EU Environment Ministers on Thursday 17 March in Brussels. This session of the Environment Council of the EU, chaired by the French Minister for Ecological Transition, Barbara Pompili, will otherwise be dominated by debates on the ‘Fit for 55’ package, the fight against imported deforestation in the EU and the greening of the ‘European Semester’ (see EUROPE 12897/15).
Sustainable batteries. The EU Council will adopt its ‘general approach’ on the future EU regulation, emblematic of the circular economy, which has been on the table of the EU Council since December 2020, has mobilised no less than four presidencies and is finally ripe for a formal position, allowing the opening of interinstitutional negotiations.
The future regulation, which is essential for the transition to clean energy, for sustainable mobility through the electrification of cars and for the EU’s strategic autonomy, will cover all batteries, throughout their life cycle, from raw material extraction to battery disposal, imposing sustainability, performance, raw material recycling and safety requirements as well as due diligence throughout the supply chain.
The EU27 ambassadors to the EU (Coreper) had approved, on 11 March, the text to be submitted to the ministers, which should be adopted without amendments (see EUROPE 12909/13). See the text: https://aeur.eu/f/sf
“We are optimistic”, stressed the French Presidency on the eve of the Environment Council meeting, stating that “the ministers will have an interest in expressing their views” on a key dossier in terms of industrial and normative issues at international level, and which “deals with complex issues on the downstream side of collection, recycling and reuse”.
The agreed text includes the extension of the scope to batteries for light vehicles, a dual legal basis (‘Environment’ and ‘Internal Market’), the postponement of application dates, sometimes by 48 months, sometimes by 96 months, and a specific procedure for restrictions of chemical substances rather than the application of REACH. The draft regulation has also been restructured to ensure readability and the best possible understanding of a highly technical text.
A great deal of progress has been made since the ministers debated the text in December 2021 (see EUROPE 12857/1), which now has 270 pages, over 80 articles and 14 annexes.
The European Parliament, which voted on 10 March, opted for a very ambitious position (see EUROPE 12908/12).
“The general approach debate will be an opportunity for the ministers to express their political vision one last time with a view to the trilogue negotiations”, stressed a European source, for whom “the level of ambition, the implementation timetable and the management of chemical risks are the major issues to be decided in the negotiations with the Parliament”.
‘Fit for 55’
In the morning, the ministers will start their meeting with a policy debate on the five dossiers of the ‘Fit for 55’ package that fall under their responsibility, on the basis of a note prepared by the French Presidency of the EU Council.
This concerns: - the overhaul of the EU’s greenhouse gas emissions trading system (ETS) and the potential implementation of a new carbon market for buildings and road transport (ETS2); - the revision of the Effort Sharing Regulation (ESR) (2018/842); - the revision of the Regulation (2018/841) on greenhouse gas emissions and removals from land use, land-use change and forestry (LULUCF); - the revision of CO2 emission standards for new cars and new light commercial vehicles; - the creation of a ‘Social Climate Fund’.
According to a senior EU diplomat, particular attention will be paid to the issue of the ETS2, which strongly divides the Member States (see EUROPE 12857/3), as well as to the ‘Social Climate Fund’, as the two issues are directly linked (see EUROPE 12889/14).
See the French Presidency note: https://aeur.eu/f/sj
The fight against imported deforestation
In the afternoon, ministers will have a policy debate on the November 2021 proposal for a regulation that aims to minimise the risk of deforestation and forest degradation associated with products placed on the EU market, focusing initially on six commodities - beef, soy, timber, palm oil, cocoa and coffee.
This future regulation is intended to impose a due diligence obligation on all operators and traders throughout the supply chain to ensure that only deforestation-free products are allowed to be placed on the EU market (see EUROPE 12834/1). The aim is to provide guidance for further work.
This will be the second debate of the ministers, who at their informal meeting in Amiens last January expressed broad support for extending the scope to include rubber (see EUROPE 12874/2). The Agriculture Ministers also discussed this in February.
Greening the European Semester
With a view to the EU Spring Summit, ministers will have an exchange of views over lunch on the greening of the European Semester - the budgetary exercise for economic policy coordination.
During this exchange, they will be asked to answer two questions: 1. How can the ‘European Semester’ better integrate the challenges of a green transition that ensures the achievement of the EU’s climate change and adaptation objectives, the preservation of biodiversity, and that is inclusive and fair? 2. What are the principles and best practices for taking account of just transition issues in economic policies - particularly with regard to the analysis of the distribution of effects (geographical and social distribution of impacts on purchasing power, employment, accessibility, etc.) - that should be strengthened and discussed in the framework of the ‘European Semester’? (see EUROPE 12907/24).
Miscellaneous items
The EU Council Presidency and the Commission will brief ministers on the 5th session of the United Nations Environment Assembly (UNEA-5, Nairobi, 28 February-2 March), which approved a mandate to negotiate a global legally binding agreement on plastics (see EUROPE 12902/26).
Ministers will be informed by the Presidency of the negotiating mandate agreed by Coreper to amend EU regulation 2019/1021 on persistent organic pollutants (POPs), with a view to tightening the concentration limits for these highly toxic chemicals in waste (see EUROPE 12909/14).
They will also be informed by the Commission of the proposal for a revision of the Directive on the protection of the environment through criminal law (see EUROPE 12854/17).
In addition, the Estonian and Finnish delegations will discuss the upcoming 30th anniversary of the Convention on the Protection and Use of Transboundary Watercourses and International Lakes. (Original version in French by Aminata Niang and Damien Genicot)