From 1st January 2030, phosphorus must be taken into account in calculating battery material recycling efficiency. ESPP suggests to go further and add phosphorus to the list of five elements with specific recycling targets. The final version of the Amending Regulation (adopted by the European Commission, pending publication) defining calculation methods for the battery recycling (fixing annexes to the EU Battery Recycling Regulation 2023/1542) specifies that the battery material recycling rate must take into account carbon and iron from cells and phosphorus. ESPP requested that this be modified from the draft submitted to public consultation in October 2024 (see ESPP eNews n°93) which left consideration of phosphorus voluntary (along with chlorine and sulphur). ESPP notes that the EU Battery Recycling Regulation 2023/1542 includes in Annex VI the obligation that labelling must indicate all EU Critical Raw Materials (CRMs) present at > 0.1% by weight. Phosphorus is an EU Critical Raw Material, with EU imports from Russia today a significant issue, and Lithium Iron Phosphate is today the dominant battery technology. ESPP therefore suggests that a delegated Regulation be considered to add phosphorus to the list of five elements with specific recycling targets (in Annex XII-C of 2023/1542).
Adopted Delegated Regulation “supplementing Regulation (EU) 2023/1542 … by establishing the methodology for calculation and verification of rates for recycling efficiency and recovery of materials from waste batteries, and the format for the documentation”, https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/14265-Calculation-and-verification-methodology-of-rates-for-recycling-efficiency-and-recovery-of-materials-of-waste-batteries_en
EU Battery Recycling Regulation 2023/1542 https://eur-lex.europa.eu/eli/reg/2023/1542/oj/eng
ESPP letter to the European Commission on Battery Recycling Directive 31st December 2024 www.phosphorusplatform.eu/regulatory