Henk Jan Nix, General Secretary of the European Group of Automotive Recycling Associations (EGARA), highlights the ongoing challenges of EU battery regulations. As the Circular Vehicle Regulation undergoes amendments, the Battery Regulation’s national implementation raises concerns—especially regarding interpretations that may hinder reuse, sustainability, and the circular economy in automotive recycling.
This article will be about regulations again. Not because it’s such an easy or nice matter but because it’s happening as we speak. The Circular Vehicle Regulation Proposal is currently under amendment and the Battery Regulation is being introduced in national systems.
Regulations do not have to be implemented in national systems; they work directly, but national systems need to be adapted to EU regulations. Unfortunately, no matter how clear the intentions of the makers and parliament are, Member States always see room for interpretations. This means there are still differences between countries and sometimes even severe differences.
In the case of the Battery Regulation, it seems the lack of a clear definition of ‘prepare for reuse’ already causes troubles for battery reuse. Why? Because in some (but certainly not all) countries, their ministries explain that taking out a battery from an ELV (waste) is preparation for reuse. Assessing a battery’s SoH (state of health) is done to prepare it for reuse. And ‘prepare for reuse’ makes one a producer. No matter if the battery is not repaired or if it will be reused for the same goal as a traction battery in a vehicle it was designed for, as a producer, full EPR applies to this battery.
ATFs that sell batteries for reuse are, of course, not producers, and as the battery isn’t changed/repaired/modified or sold for another application, this explanation of the Regulation only causes prevention of the highest level of recycling, being reused. The EC gives the following explanation: as long as the battery is part of an ELV, the ELV Directive and later the Circular Car Regulation applies. The moment an ATF takes out the battery, the Battery Directive applies, but as the Battery is not a waste battery but is ready for reuse, it can be sold for the same purpose without switched EPR. This is a clear explanation, and it makes sense. However, it seems hard to convince some of the member states.
EGARA sees this kind of law and interpretation as counterproductive. The EU is all about sustainability, circular economy, environment, CO2 saving, recycling, and reuse, but sometimes, it seems only important on paper rather than in practice. ATFs selling used, good batteries significantly reduce the environmental footprint of both the battery and the receiving vehicle. It’s easy, and it makes sense. But if it means the EPR is switched, it means it’s made impossible. Just to be clear: EGARA does not advocate just selling any battery to anyone. We advise to check the battery with all methods we know of (some organisations already offer rather good equipment to say more about a battery’s SoH than just looking, smelling and feeling, which is also nice info for the workshop and consumer) and only sell to known workshops that will use the battery for another run in a vehicle. Selling batteries to private persons who tinker with their own home energy storage devices is what we should avoid in all cases.
We are not alone in this, CECRA (European organization of independent workshops) is struggling with a similar problem. They risk being regarded as producers in case of battery repair. Think of replacing a bad module or BMS (battery management system). These seem normal repairs on EVs, but the laws are too strict. The battery regulation, or at least possible interpretations of it, is biting its own tail. CECRA is of the opinion that the ‘Right to repair’ is on their side. We hope this will also work out in our case with reuse.
The Battery Regulation is already there; the Circular Vehicle Regulation will probably be next summer. We hope alignment of the two will happen, and we hope both will be set up more realistically and non-multi-interpretable to actually be sustainable and circular.
To keep up to date, visit egara.eu
