Orgalim feedback on a proposed regulation for

Batteries and used batteries

Orgalim, representing European expertise industries, welcomes the chance to remark a brand new proposal fora regulation on batteries and used batteries,revealed by the European Fee on December 10, 2020.

By introducing a variety of recent sustainability necessities, the proposal paves the way in which for greener, round and extra environment friendly batteries out there. By constantly bettering the efficiency and general sturdiness of merchandise, together with batteries, are on the coronary heart of the dedication and competence of European expertise industries, Orgalim already hosted in June 2020 the The Fee’s efforts in constructing sustainabilityutility necessities for batteries in our paper place“Orgalim feedback on the event of sustainability necessities for batteriesas a part of a brand new regulatory framework for batteries“. We welcome and argue that the Fee the proposal displays Orgalimof suggestions for sustainable sourcing of uncooked supplies and carbon footprint necessities.

Please see beneath for suggestions from our industries on the brand new proposal for a regulation for batteries and waste batteries, that are additionally related for any future related legislative initiative envisaged underneath the brand new initiative on sustainable merchandise.:

• ➢ Turning a directive right into a regulation ensures harmonization, however components of the proposal are one step away from the brand new legislative framework. We acknowledge that changing the present Battery Directive with a proposed regulation is a step in the direction of attaining a degree taking part in area for batteries at EU degree, because the regulation will robotically and uniformly apply to all EU nation upon entry into drive. Our industries worry that components of the brand new battery regulation proposal signify a step in the direction of the brand new very profitable legislative framework..

• ➢ Requirements ought to be developed by standardization committees and never by the Fee. It’s of the utmost significance that requirements are developed inside the framework of standardization processes which have functioned as a profitable mannequin underneath the brand new legislative framework for a few years, with a good steadiness of participation within the Fee course of. , Member States and European standardization. organizations and stakeholders. We’re very involved that the Fee is contemplating entrusting the event of requirements to the Joint Analysis Middle if the related harmonized requirements developed by CEN CENELEC “should not ample” (Article 16.b). We subsequently strongly suggest delete article 16 in its entirety.

• ➢ Scale back the variety of secondary acts and contain the business of their improvement as early as potential. With regard to the very excessive variety of delegated and implementing acts included within the

Proposal for a regulation on batteries, we imagine that their quantity ought to be reassessed and targeted on the areas the place they’ll have probably the most impression. To attain one of the best coverage end result, future delegated and implementing acts ought to be developed in cooperation with stakeholders, together with business consultants.

• ➢ Duplication of labeling and knowledge programs ought to be prevented. Article 13 refers to a protracted checklist of knowledge that should be equipped with the battery, in several varieties (printed or engraved on the batteries, by way of a QR code and with a battery passport). This technique would lead to at the least a duplication of knowledge necessities, leading to pointless administrative burden to keep up and function a number of labeling programs. A knowledge assist platform, based mostly on standardized information, would facilitate the circularity of fabric flows and deal with structural issues, however its interoperability by way of info change and system efficiency ought to be achievable and based mostly both on QR codes or on cloud companies.

• ➢ Proposed use of third-party verification should be proportionate, achievable and contribute to the round economic system. The The introduction of third-party audits for a number of necessities comparable to carbon footprint, provide chain due diligence and vitality labeling is one more reason for concern for our business. Specifically, we spotlight the price of performing the life cycle evaluation and the feasibility by way of expertise manufacturing and applicability of the necessities. We additionally level out that the impartiality of testing laboratories is of nice significance and should be assured by the market surveillance authorities.

• ➢ Market surveillance to guard the European battery business from unfair competitors and EU residents from non-compliant merchandise is of nice significance. We wish clarification on the Fee’s plans to check, confirm and apply the factors included on this new proposal for a regulation for batteries imported into the EU. – specifically for merchandise getting into the EU market by way of on-line platforms. It’s a rising downside for all sorts of merchandise and never simply batteries.

• ➢ Legislative fragmentation and double regulation should be prevented. For instance, the administration of hazardous substances in batteries ought to observe a risk-based method and double regulation or duplication of processes outlined in REACH ought to be prevented.

• ➢ Recycling necessities ought to replicate market developments. It could not be potential to satisfy excessive calls for for recycled supplies if the battery market grows sooner than the recycling prospects out there. As well as, we query whether or not it’s applicable and helpful to construct a long-term roadmap for a expertise that’s nonetheless within the means of fixed enchancment and progress. It is very important consider technological and market developments on this regard and assess whether or not the measures and goal values ​​are sensible and proportionate. The recycling efficiencies offered for in Article 57 and Annex XII ought to be based mostly on proof gathered from out there applied sciences and processes.

• ➢ Give SMEs enough assist: The proposal is sort of advanced and comprises a protracted checklist of sustainability necessities, which makes it troublesome to be totally understood, particularly from the perspective of an SME with restricted assets. Subsequently, the Fee’s assist to allow and it might be mandatory and welcome to provide SMEs the means to completely perceive and adjust to the necessities.

• ➢ Definitions of all measures associated to the round economic system ought to be constant and standards-based. For instance,

  • o Definitions of product refurbishment, second life and reuse are mandatory in all EU laws and ought to be harmonized, constant for all merchandise and in step with worldwide requirements.

  • o The time period batch just isn’t outlined and we suggest eradicating the reference to the batch because it refers to previous expertise. As well as, the rules stipulate that the carbon footprint and different measures

should be carried out “by batch” which isn’t potential in observe as a result of batteries are produced in a steady manufacturing course of the place uncooked supplies and parts are constantly recharged.

• o The definition of harmful substance refers back to the hazard courses as an alternative of utilizing the definition of gear of very excessive concern.

• o The definition of provide chain due diligence differs from that of consulting on a sustainable company governance initiative.

• o The definition of business batteries ought to be clarified for non-road cellular equipment to be able to keep away from completely different interpretations.

➢ Reassess numerical objectives when calculation strategies can be found. Numerical targets, for instance for recycled content material, are already established within the proposal, however the methodologies to calculate them should not: this makes the analysis of the impression of the proposed measures extraordinarily difficult, with destructive penalties for the corporate. enterprise certainty. It will likely be important to reassess the targets as soon as the methodologies have been developed. Additionally it is necessary to maintain all stakeholders concerned on this course of, together with business consultants.

➢

The foundations referring to the mixing of the administration system ought to consider completely different challenges, comparable to the rise in related prices and the problem of estimating battery life. The regulation mustn’t impose particular technical options on the best way to join the battery to its administration system. The responsibility to incorporate the administration system of every battery is an pointless waste issue.