European Battery Recycling Association
EBRA
The European Battery Recycling Association is the only professional organisation defending the interests of companies involved with the collection, sortation, treatment, material recovery and repurposing or reusing of portable, industrial and EV batteries.
ID: 984508796331-71
Lobbying Activity
Response to Commission Implementing Regulation on the list for the purposes of Article 26 of Regulation (EU) 2024/1252
24 Jul 2025
Response of the European Battery Recyclers Association (EBRA) Regarding Article 26 of the Critical Raw Materials Act List of Products, Components and Waste Streams with a High Potential to Recover Critical Raw Materials Introduction EBRA welcome the opportunity to respond to the European Commissions consultation on the implementation of Article 26 of the Critical Raw Materials Act (CRMA), which provides for the establishment of a list of products, components and waste streams with high potential for the recovery of critical raw materials (CRMs). We represent long-established industrial actors specialising in the collection and recycling of complex end-of-life batteries, of which contain significant amounts of CRMs. We therefore offer a practical perspective grounded in real-world recovery operations. 1. Strong Support for a Targeted and Coherent List We support the Commissions intention to develop a focused and dynamic list of CRM-rich products, components and waste streams. Such a list, if appropriately scoped, can guide Member States in developing effective national circularity programmes, inform investment in recovery technologies, and promote higher-value recycling. We urge, however, that the guiding principle must be the polluter pays and that the list be coherent with existing legislative frameworks such as the Batteries Regulation, Waste Shipment Regulation, and Waste Framework Directive, to avoid fragmentation or duplication. 2. Technical and Economic Viability Must Be the Cornerstone The battery recycling sector wishes to emphasise that they are ready to play their part, but have a fundamental concern: the recovery of CRMs must be both technically feasible and, critically, economically viable. Without both conditions being met, meaningful scaling of recovery operations will not be possible and investment and capital raising regardless of policy ambition. The cost of recycling must be borne by the pollutersnamely, the Producer Responsibility Organisations (PROs) and Original Equipment Manufacturers (OEMs). Several key factors determine the viability of CRM recovery: The global market: The value of output CRMs is dictated by fluctuating global commodity prices and demand, which are beyond the control of recyclers or Member States. European recyclers must compete on a global scale, and the high cost of energy and regulatory compliance often makes this impossible. Cost of recovery: Recovery and refinement processes are capital-intensive. They require advanced technologies, skilled personnel, strict environmental controls, significant administrative oversight, and increasing energy inputs. Regulatory and operational risk: Investing in CRM recovery infrastructure involves long-term commitment and exposure to regulatory uncertainty, particularly where policy targets are set without realistic economic baselines. We therefore caution against the premature imposition of binding or de facto recovery targets before robust economic assessments are carried out for each listed stream. The inclusion of a product or waste stream in the Article 26 list should be preceded by evidence that its recovery is commercially sustainable under current or foreseeable conditions. 3. Priority Waste Streams for Consideration Notwithstanding the above, we recommend that the Commission prioritise the following waste streams and components for further assessment, given their known CRM content and partial recovery feasibility: Batteries (portable, industrial, EV): o Lithium-ion batteries (for lithium, cobalt, nickel, graphite) o Nickel-metal hydride batteries (for rare earths) o Battery management systems (PCBs with CRM content) However, even for these streams, full recovery is only justified where material concentrations are high enough, and the cost-benefit ratio supports sustainable operations. 4. Collection, Access and Design for Recovery Inclusion in the Article 26 list must be accompanied by enabling measures: Improved acces
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