Use of lead compounds in battery manufacturing the case for REACH authorization exemption

Representation of the European battery and recycling industry EUROBAT Lead REACH Consortium represents all battery technologies in Europe: Lead Lithium Sodium Nickel-cadmium includes companies involved in: the mining, smelting, refining & recycling of lead manufacturers of lead compounds downstream users including lead battery manufacturers

Battery industry’s presence in the EU The EU automotive and industrial battery sectors Production footprint in 14 EU Member States Directly employs ~30.000 workers Annual turnover of approx. €6.5bn €845m spent on R&D in last 5 years

The European battery industry EUROBAT – the membership Battery manufacturers Supply Industry

Our Concerns Authorization would significantly undermine the competitiveness of the European battery manufacturing industry without delivering additional benefit in control of risks to environment and human health. We believe that including a REACH authorization requirement for use of lead compounds in the manufacturing of lead-based batteries is not a proportionate or effective regulatory action.

Key applications of lead-based batteries Automotive Batteries Industrial Batteries Automotive applications Motive applications Stationary applications

Closed loop recycling of lead-based batteries A comprehensive network of companies exists across Europe to collect and recycle lead-based batteries. Lead-based batteries operate in a closed loop with a 99% collection, the highest rate of all products. 85% of a new lead-based battery is comprised of material that is recycled from old batteries.

Use of lead compounds in battery manufacturing Only trace amounts (<0.1%) are in the battery when placed on the market. All lead compounds being considered for inclusion in Annex XIV are transformed into other substances during the manufacturing process. There is no substitute for the four lead compounds in the manufacturing of lead-based batteries. Batteries are completely sealed articles with no opportunity for exposure to the consumer.

EU legislation protecting human health and the environment (applicable to lead and lead compounds) MANUFACTURING ENVIRONMENT Industrial Emissions Directive BREF (Pb AEL) Air Quality Directive (0.5µg/m³ ambient air limit) Water Framework Directive (Pb EQS) Drinking Water Directive (10µg/L Pb) Food Contaminants Regulation (establishes max level of Pb in food) MANUFACTURING WORKPLACE Chemical Agents Directive with specific rules for workers and pregnant women in relevant other Directives Binding European OEL of 0.15mg/m3 Binding European biological exposure limit of 70µg/dl blood REACH DNEL of 40µg/dl blood for all workers and 10µg/dl for women in reproductive capacity DESIGN, USE & END of LIFE Battery Directive End of Vehicle Life Directive Waste Framework Directive and Waste Shipment Regulations

REACH Article 58(2) exemption should be granted for use in battery manufacturing Existing “lead specific” EU legislation imposes already minimum requirements relating to human health and the environment such that the risk is properly controlled. Drivers for substitution for use of lead compounds in batteries already exist in current EU legislation.

Review of EU Occupational Exposure Limits must be a priority Voluntary lead exposure management programs resulted in performance that far exceeds the current EU binding limit value Call on DG Employment: 1. First step in reducing the existing EU binding limit values for lead: SCOEL to make review of health-based occupational exposure limits a priority 2. EU OSH legislation already exists to ensure the proper control of any workplace risk related to lead exposure => exempt the industrial use of lead and lead compounds from REACH authorisation (article 58.2) *Scientific Committee on Occupational Exposure Limits

Consequences of inclusion in Annex XIV for EU competitiveness Authorization would only apply to EU-based manufacturing whilst allowing unrestricted import of lead-based batteries into the EU. Very competitive market and global in nature which is demonstrated by a strong increase in EU imports from Asian manufacturers since 2004.

Our Position We urge the European Commission to use its discretion to grant a: REACH Article 58(2) exemption for use of lead monoxide, lead tetroxide, tetralead trioxide sulphate and pentalead tetraoxide sulphate in the manufacture of automotive and industrial lead-based batteries. All four compounds are essential and irreplaceable in the manufacture of lead batteries with no substitutes available. They are not present in the battery placed on the market. Use of the substances is restricted to the workplace during the manufacturing phase of the product lifecycle and batteries are sealed units that operate in a closed loop with almost 100% being collected and recycled at EoL. Existing lead-specific legislation already provides binding and enforceable minimum requirements that control risks to man and the environment. Pressure for substitution for workplace use of the compounds already exists through the Chemical Agents Directive and for use of lead batteries through the ELV and Batteries Directives.

MSC-44 Draft recommendation for the 7th list Reasonable worst-case timeline for Pb compounds Initial discussion by Member States on 7th Priority List at MSC-47 25-29/4/2016 +24-mnth LAD (27 for sulphates) Review of issues raised during the public consultation and ECHA initial opinion discussed at MSC-48 April 2020 (July 2020) 14-15/6/2016 MSC opinion adopted at MSC-49 13/9/2016 Final ECHA recommendation and MSC opinion on 7th Priority List COM LAD for AfA without break Start of public consultation 10 November 2016 Last submission window in ?Feb 2020 (?Nov 2019 recommended) 18/11/2015 MSC-44 Draft recommendation for the 7th list Potential vote at REACH Art. 133 Committee +18 mnths Sunset date December 2017 27-29/10/2015 REACH Annex XIV amended October 2021 April 2018 2015 2016 2017 2018 2019 2020 2021 Today 18/11/2015 - 18/2/2016 Public Consultation Q4 2015 to Q4 2017 Advocacy at Member State & Commission End Q1 2018 – Q4 2019 Prepare Authorisation applications

Contacts For further information, please contact: eurobat@eurobat.org and/or enq@ila-lead.org