EU Batteries Directive 2006/66/EC Review 6th. WRBRF Berlin, Germany March 23-24, 2015 PPT 7.

1. Portable battery – any battery, button cell, battery pack that is sealed, can be hand-carried, is neither an industrial nor an automotive battery  Collection obligation 2. Industrial battery – any battery designed for exclusively industrial or professional uses or used in any type of electric vehicle  take-back obligation 3. Automotive battery – any battery used for automotive starter, lighting or ignition power (SLI)  Collection obligation 2 Industrial batteries example: Batteries used in electrical vehicles, such as electric cars, electric bicycles, wheelchairs, airport vehicles and automatic transport vehicles Batteries Directive 2006/66/EC

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4 FAQ on the Batteries Directive 2006/66/EC

5 Recycling Efficiency guidelines Recommendations as per position paper of RECHARGE are reflected in these guidelines

6 Recycling Efficiency guidelines RECHARGE has developed a position paper in October 2012 in order to secure a clear understanding of the duties and objectives pursued by Battery producers and recyclers regarding the application of the Batteries Directive 2006/66/EC and the Commission Regulation (EU) No 493/2012. The current wording of the EU Commission draft Guidance document on the Recycling Efficiency Calculation methodology (Article 3 and Annex 1 § 2 of the Commission Regulation (EU) N° 493/2012), requires to achieve a Recycling Efficiency of 50% at process level, for other batteries and accumulators, such as Li-ion and Ni-MH batteries. For industrial batteries, the complete weight of the battery (100%), including the external jacket, is used to calculate the RE.

Recycling Efficiency - Reporting - On an annual basis - By the recyclers - To the Member State’s competent authorities - No later than 4 months from the end of a calendar year - First period: calendar year 2014, reporting no later than 30 April

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Collection of portable batteries Source: EPBA (2013 ) 11

12 Collection of portable batteries: issue

Issue of mixed flows of Portable & Industrial RECHARGE proposes not to change any of the current definitions of automotive, portable, industrial batteries. In case of need, propose a sub-category for small industrial batteries (with threshold on weight), allowing the identification of the Producer for the funding for those small industrial batteries that end up in the portable batteries flow collected by CRO (not to be paid at POM but only at time of collection/sorting) Up to producer to decide (opt-in or opt-out) and to negotiate with CRO. - Do not request specific revision of the BD for the above. - Favoring agreements between parties before moving to the legislative field: start discussions with the CRO’s. CRO = collection & recycling organization 13

Definition of «small industrial» batteries Proposed definition for “small industrial batteries” similar to the one of industrial batteries, only adding the notion of size as for the definition of portable batteries: “any battery or accumulator designed for exclusively industrial or professional uses or used in any type of electric vehicle (electric cars, wheelchairs, bicycles, airport vehicles, automatic transport vehicles,etc...) and that can be hand carried.” The subcategory of small industrial batteries would be subject to some specific requirements such as: a.A reporting obligation to the national authority or a collection scheme such as for portable batteries; this would include the reporting of units and weight per chemistry, b.the reporting would be limited to the quantity sold on the national market; exports would not be reported. Issue of mixed flows of Portable & Industrial 14

15 Issue of List of Waste - background o Following a preliminary proposal in 2014, withdrawn in June 2014, the review of the List of Waste concerning batteries was proposed during the last Batteries TAC of the Commission in Dec o In December 2014, the annex III of the Waste Directive 2008/98/EC, which is identifying the properties that makes waste hazardous according to the CLP classification, has been adopted. o It has been proposed to Members State to prepare proposals for possible input to a new List of Waste before April TAC = Technical Adaptation Committee (Member State representation) CLP = Classification, Labelling, and Packaging of substances & mixtures (EU Regulation 1272/2008), in alignment to the UN Global Harmonization System (GHS).

16 It seems Austria is still pushing for a change proposal, following last June withdrawal. It is a possible new “open box”. There is the need to identify the type of hazard applicable for the transport declaration of hazardous waste (following the new CLP classification). The European Battery Industry will invite the EU Commission and the Competent Authorities to establish, together with all concerned stakeholders, a methodology to properly classify waste batteries and mixtures of various types of waste batteries in the List of Waste. Issue of List of Waste – Current status

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18 RECHARGE Position(s) to be further developed on issues such as: When ‘batteries’, Batteries Directive prevails over other waste legislation Portable/industrial definitions Collection rates / Available for collection Removability Labelling Recycling Efficiency : specific per chemistry Recovery Rate per Metal/Material Hazardous substances / List of Waste Batteries Directive 2006/66/EC Review

19 Conclusions The Batteries Directive Review will be the opportunity for industry to propose improvements and adaptations to the current Directive RECHARGE will likely be involved in the Commission’s expert working group to assist in preparing such Review. Batteries Directive 2006/66/EC Review

Back-up slides 20

Battery directive issues: collection targets Collection objectives: 45% cannot be reached with Li-ion Rechargeable POM Collected Collection rate according BD. 21

22 Collection rate based on «available for collection» Remaining questions: - Why is the rchargeable collection lower the primary: under-estimation of hoarding time? - Why is Li-ion lower than Ni-Cd: different hoarding time? Less efficient collection (embedded batteries)? Carefully assess what we will ask for in the B.D.! The collection objectives should be based on the availability for collection, like in WEEE?

23 Report of last Commission TAC on List of Waste FUTURE TAC ACTIVITIES: MODIFICATION OF THE COMMISSION DECISION 2000/532/EC, ESTABLISHING THE LIST OF WASTES.1 Commission Decision 2000/532/EC deals with waste batteries in several ways, namely as individual waste(s) in chapter number 16 06, "batteries and accumulators," as well as a part of other waste streams. During the preparation of the recently adopted modification of this Decision, some Member States proposed the modification of the codes for waste batteries (see summary attached). It has been agreed within the Technical Adaptation Committee on Waste that the discussions on the codes for batteries should be carried out in the meetings taking place under Article 24 of the Batteries Directive. The Commission indicated that, within the current system, any modification should be adopted via an Implementing Decision, requiring the Committee to participate, although this could change in the future, e.g. requiring for instance the involvement of the Expert Group. In order to compile all needed information and as an initial step to consider any eventual change, the Commission invited Member States to submit their proposals for changes, accompanied by the information underpinning them. End of April 2015 was proposed as deadline to receive both proposals and related information. Member States accepted the proposed way of working. The Commission will propose a way forward (including a possible modification of Decision 2000/532/EC) at the next TAC meeting.

24 Two documents for the description of the hazardous waste: LoW: Published documents update Decision 2000/532/EC on the list of waste pursuant to Directive 2008/98/EC of the European Parliament and of the Council New list of waste, no change for batteries. COMMISSION REGULATION (EU) N° 1357/2014 replacing Annex III to Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives New annex III= PROPERTIES OF WASTE WHICH RENDER IT HAZARDOUS Classification according hazardous substances properties (CLP) The list and the classification are not coherent 1 2

25 Recognize that all batteries could be classified CLP, as long as we consider the properties of the substance (case of unprotected, damaged, mixed types, leaking batteries in the waste stream). Ask for mirror codes for some specific cases: o when the batteries can be considered as article (no substances release): proved integrity status o When this status can be protected by adapted packaging. o Offer the possibility to the owner/transporter to use a non- hazardous waste code o Would also solve the issue of the WEEE containing Li batteries List of Waste- RECHARGE position rationale

26 List of Waste- Recharge position RECHARGE is preparing with EPBA, EBRA, and Eurobat a position for the Commission. Key points in the text: “Indeed, the physical properties of an individual substance contained in an article such as a battery cannot be used to qualify the properties of the article as the presence of the substance may be subject to parameters that will govern the properties of the article: e.g. the concentration of the substance in the article, the chemical, the internal design of the battery, etc… in addition to the physical confinement offered by the casing. Due to the diversity, complexity and constant evolution of the composition of batteries and the wide range of composition observed, it will be justified to include some mirror entry classifications (both hazardous and not hazardous). The European Battery Industry, represented by the co-signatories of this letter, invites the Commission and the Competent Authorities to establish, together with all concerned stakeholders, a methodology to properly classify waste batteries and mixtures of various types of waste batteries in the List of Waste.”