(EU) 2023/1542 · Annex XIII(1)(s) -> Article 74(1)(f)
Impact of substances in a battery: “hazardous” here means CLP, not the SVHC list
Almost all the damage on this field is done in setting the scope. Article 3 of the Regulation defines a hazardous substance as a substance classified as hazardous pursuant to Article 3 of Regulation (EC) No 1272/2008. The reference point is therefore CLP classification — not the REACH candidate list, and not your SCIP submission. Teams that carry the scope over from existing SVHC work produce a technically competent paragraph about the wrong set of substances.
Half the requirement is not about substances at all
Point (f) requires the impact of substances, in particular hazardous substances, present in batteries on the environment and on human health or the safety of persons — and expressly adds the impact due to inappropriate discarding of waste batteries, such as littering or discarding as unsorted municipal waste. That is not a toxicological property but a consequence of behaviour. Text that only describes the toxicity of the constituents answers half the field.
A public field and commercial confidentiality
Point (s) of part 1 of Annex XIII places this content among the publicly accessible information, while Article 74(7) requires that, where information is provided publicly to end-users under that article, the confidentiality of commercially sensitive information is preserved in conformity with relevant Union and national law. The job therefore has to be done without publishing the exact cathode composition. That is achievable, but it takes deliberate writing rather than an export from the bill of materials.
Why generic text does not survive here
Stating that batteries are harmful to the environment says nothing about your battery. The field is tied to the substances actually present in it, so the explanation for a lithium iron phosphate cell is not the explanation for a nickel manganese cobalt one. If the same text is attached to every model in your catalogue, that is the first sign the substance inventory was never checked.
Where it goes wrong
- Scope taken from the REACH candidate list or a SCIP submission instead of the CLP classification the Article 3 definition relies on.
- Omitting the part on the impact of inappropriate discarding, littering and disposal as unsorted municipal waste.
- Publishing the exact cathode composition in a public field, although Article 74(7) protects commercially sensitive information.
- A generic claim that batteries are harmful, with no link to the substances actually present in the model.
Frequently asked
Which substances count as hazardous?
Article 3 of the Regulation defines a hazardous substance as a substance classified as hazardous pursuant to Article 3 of Regulation (EC) No 1272/2008. The test is therefore CLP classification.
Do I have to disclose the exact composition of the battery?
No. Article 74(7) requires the confidentiality of commercially sensitive information to be preserved where information is provided publicly to end-users. What has to be described is the impact, not the recipe.
Is describing the toxicity of the substances enough?
No. Point (f) expressly also requires the impact due to inappropriate discarding of waste batteries, for example littering or discarding as unsorted municipal waste.
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