The EU is moving towards batteries that are safe and sustainable throughout their life cycle. The Czech Presidency of the Council of the EU, the negotiators from the European Parliament and the European Commission (the trilogue), reached a provisional political agreement on the proposed regulation on batteries and battery waste late on the afternoon of Friday 9 December, after seven hours of negotiations.
The outgoing Czech Presidency has therefore succeeded in its mission (see EUROPE 13079/16). The positive outcome of this fourth trilogue was assured as there was a strong desire to conclude negotiations on a proposal for a regulation emblematic of the circular economy, which had been on the table since 2020. It aims to protect the environment and health while creating a European battery market that can foster the EU’s strategic autonomy.
“Batteries are a key element of the EU’s shift towards zero-emission modes of transport. As demand for batteries will grow by more than ten-fold by 2030 we need to make sure we have enough batteries and that they are sustainable throughout their supply chains. The new rules will promote the competitiveness of European industry and ensure that end-of-life batteries will be properly collected and recycled so that useful materials are recovered and toxic substances are not released into the environment”, commented Czech Environment Minister Marian Jurečka.
“For the first time, we will have circular economy legislation that covers the whole life cycle of a product - this approach is good for the environment and the economy. Batteries will be more efficient, safer and easier to remove. Our overall objective is to build a stronger European recycling industry, especially for lithium, and a competitive industrial sector as a whole”, welcomed the European Parliament’s chief negotiator, Achille Variati MEP (S&D, Italian).
Scope. The co-legislators agreed that the regulation will cover the whole life cycle of batteries, from design to end of life, and will apply to all types of batteries sold in the EU: portable batteries, SLI batteries (providing energy for starting, lighting or igniting vehicles), batteries for light means of transport (LMT) (providing energy for the traction of wheeled vehicles, such as scooters and electric bicycles), those for electric vehicles or even industrial batteries.
Quantified targets for collection, recycled content and timetables. Under the compromise found, sustainability requirements on carbon footprint, recycled content, performance and durability will be gradually introduced from 2024. A more comprehensive regulatory framework on extended producer responsibility will start to apply in mid-2025, with higher collection targets introduced over time.
These collection targets are set at 45% by 2023, 63% by 2027 and 73% by 2030 for portable batteries, 51% by 2028 and 61% by 2031 for LMT batteries.
Minimum levels of cobalt (16%), lead (85%), lithium (6%) and nickel (6%) recovered from manufacturing and consumer waste must be reused in new batteries.
The co-legislators agreed to set the target for the recovery of lithium from spent batteries at 50% by 2027 and 80% by 2031 - targets that may be modified by delegated acts depending on market and technological developments and the availability of lithium.
All LMT, electric vehicle, SLI and industrial batteries must be collected free of charge for end users, regardless of their nature, chemical composition, condition, brand or origin.
In addition, by 31 December 2030, the Commission will assess whether to phase out the use of non-rechargeable portable batteries for general use.
Due diligence. All companies placing batteries on the EU market - except for SMEs - will be required to demonstrate that the materials used in their manufacture have been obtained in a responsible manner. This means that the social and environmental risks associated with the extraction, processing and trading of raw materials used in the manufacture of batteries will need to be identified and mitigated.
Informed consumers. A carbon footprint declaration and label will be mandatory for electric vehicle batteries, LMT batteries and industrial rechargeable batteries above 2 kWh.
Three and a half years after the regulation comes into force, portable batteries in appliances will have to be designed so that consumers can easily remove and replace them themselves.
To better inform consumers, batteries will be provided with labels and QR codes containing information on their capacity, performance, durability, chemical composition and the separate collection symbol.
LMT batteries, industrial batteries above 2 kWh and batteries in electric vehicles will also need to have a digital battery passport with information on the battery model as well as information specific to the individual battery and its use.
“New sustainable batteries are key to enabling the industry transition. Without them, we will not achieve our European climate ambition. The EU lags behind in battery production. With this agreement, we take another leap forward in strengthening European competitiveness”, said Jessica Polfjärd MEP (EPP, Swedish).
The provisional agreement must be endorsed by the EU Council and the European Parliament before the regulation can be adopted. This will require the adoption of a large number of more detailed rules (secondary legislation) between 2024 and 2028 in order to be fully operational. (Original version in French by Aminata Niang)