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Repurposing of Electric Vehicle Batteries for Energy Storage – A review of the current legal framework and proposals for improvement

Torán Saltó, Daniel LU (2022) HARN63 20221
Department of Business Law
Abstract
Circular economy has recently become a central part of European policy, bridging the environmental and economic policy domains closer than ever in an attempt to fulfil enhanced environmental ambitions. As economic operators seek to adopt innovative solutions, the issue of how established legal frameworks hamper or facilitate them becomes central.

This thesis examines this point in relation to one of such proposed solutions: the reuse of electric vehicle batteries (EVBs) in energy storage applications. It seeks to ascertain the conditions under which EVBs are waste, the obligations on handlers, and the responsibility for EVBs in second life cycles. Methodologically, it explores the key points related to the business model by drawing on... (More)
Circular economy has recently become a central part of European policy, bridging the environmental and economic policy domains closer than ever in an attempt to fulfil enhanced environmental ambitions. As economic operators seek to adopt innovative solutions, the issue of how established legal frameworks hamper or facilitate them becomes central.

This thesis examines this point in relation to one of such proposed solutions: the reuse of electric vehicle batteries (EVBs) in energy storage applications. It seeks to ascertain the conditions under which EVBs are waste, the obligations on handlers, and the responsibility for EVBs in second life cycles. Methodologically, it explores the key points related to the business model by drawing on European and national legislation, as well as case-law of the Court of Justice of the European Union.

First, the thesis describes the current legal framework and points to specific uncertainties that might prevent the widespread adoption of the business model. A broad and expansive definition of waste, the lack of provisions on second uses, and the inexistence of the notion of repurposing all create important uncertainties for economic operators. While deploying a battery reuse business may be lawful, the legal uncertainty and potential high costs may prevent the market from growing.

Second, the thesis examines proposed changes through the European Commission’s proposal for a new regulation on batteries to assess the extent to which it tackles existing shortcomings. While the proposed changes introduce some provisions on repurposing and second uses, some uncertainties will remain. This is because the overall waste management framework has been built on environmental protection premises, with circular economy considerations only recently added. (Less)
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author
Torán Saltó, Daniel LU
supervisor
organization
course
HARN63 20221
year
type
H1 - Master's Degree (One Year)
subject
keywords
Electric Vehicles, Batteries, Electric Vehicle Batteries, Waste Law, Circular Economy, Reuse
language
English
id
9086326
date added to LUP
2022-06-17 10:28:49
date last changed
2022-06-17 10:28:49
@misc{9086326,
  abstract     = {{Circular economy has recently become a central part of European policy, bridging the environmental and economic policy domains closer than ever in an attempt to fulfil enhanced environmental ambitions. As economic operators seek to adopt innovative solutions, the issue of how established legal frameworks hamper or facilitate them becomes central. 

This thesis examines this point in relation to one of such proposed solutions: the reuse of electric vehicle batteries (EVBs) in energy storage applications. It seeks to ascertain the conditions under which EVBs are waste, the obligations on handlers, and the responsibility for EVBs in second life cycles. Methodologically, it explores the key points related to the business model by drawing on European and national legislation, as well as case-law of the Court of Justice of the European Union.
 
First, the thesis describes the current legal framework and points to specific uncertainties that might prevent the widespread adoption of the business model. A broad and expansive definition of waste, the lack of provisions on second uses, and the inexistence of the notion of repurposing all create important uncertainties for economic operators. While deploying a battery reuse business may be lawful, the legal uncertainty and potential high costs may prevent the market from growing. 

Second, the thesis examines proposed changes through the European Commission’s proposal for a new regulation on batteries to assess the extent to which it tackles existing shortcomings. While the proposed changes introduce some provisions on repurposing and second uses, some uncertainties will remain. This is because the overall waste management framework has been built on environmental protection premises, with circular economy considerations only recently added.}},
  author       = {{Torán Saltó, Daniel}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Repurposing of Electric Vehicle Batteries for Energy Storage – A review of the current legal framework and proposals for improvement}},
  year         = {{2022}},
}