The EU’s act under consideration to classify lithium as a Category 1A reproductive toxin later this year could weaken the EU’s energy transition drive as well as reduce the support for domestic battery materials supply chain, according to Rystad Energy.
The EU currently relies heavily on imports of lithium to supply its nascent electric vehicle (EV) production sector and the classification may increase its reliance on other regions, at a time when the union is focused on energy security and reducing emissions.
This move is against the backdrop that Europe has announced plans to expand lithium battery- grade Li Carbonate production from nothing today to 8.3 percent of global production by 2025, Rystad Energy research data shows.
Europe has similar ambitions for lithium hydroxide, which is crucial for long-range EV batteries. Even without the potential decision by the EC, it will still fall short of closing the estimated 218 percent deficit gap in lithium hydroxide processing that Europe is facing by the end of 2030.
Proposal to Classify Lithium Salts Toxic
The European Chemicals Agency’s Risk Assessment Committee at the end of 2021 published its opinion that it agreed with French proposals to classify three lithium salts as Category 1A reproductive toxicants.
The commission determined that lithium carbonate, lithium hydroxide, and lithium chloride should be classified under the Classification, Labelling & Packaging Regulation as substances that may damage fertility and unborn children. It is also agreed that the substances may harm breastfed children.
Initial proposals were presented to the EC on March 23rd and 24th 2022 and are now under review and consultation, with the EC set to publish its first draft of the act between October and December 2022. EU member states can still object to these proposals as consultations are ongoing.
While the classification would not stop lithium usage, it would likely have an impact on at least four stages in the EU lithium battery supply chain– lithium mining, processing, cathode production, and recycling. Several administrative issues, risk management, and restrictions could hit each of these fledgling industries in Europe, which would drive up costs.
James Ley, Senior Vice President of Analysis at Rystad, said:
“Should the European Commission take this decision, it may undermine the EU’s energy security and net zero goals, in addition to increasing costs for the domestic EV market. The EU is a global regulatory powerhouse, so any decision to classify lithium as a Category 1A toxicant in the world’s largest single market will be keenly studied by regulators elsewhere.
“Industry hates regulatory uncertainty, so the longer it takes for a ruling, the more it will delay existing and significant investment decisions. This is more than a technicality; the impact could be far-ranging and wide.”
James Ley
Need for clarity
A drawn-out permitting process for new mining operations in Europe has already been highlighted at recent industry events as one of the main barriers to new mining projects ramping up quickly.
Both lithium carbonate and hydroxide are critical to the battery raw material supply chain, with the bulk of new EV battery chemistries containing lithium. This potential ruling comes at a time when the EU is itself scrambling to build and establish local lithium supply chains.
There is also a further risk of potential projects losing local community support for building lithium mines and processing operations. Additional concerns could arise if the pending decision ends up slowing down the injection of further and much-needed new investment into the EU lithium mining and processing industries.
According to Rystad Energy, it is aware of at least one new proposed lithium hydroxide processing operation that is now withholding its investment decision pending the outcome of the EC’s final resolution.
The lithium industry is urging the EC to reassess the RAC’s initial opinion. They also argue that the three lithium salts cannot be considered in the same light and that there is significant doubt as to the applicability of the read-across to lithium hydroxide due to its corrosive properties.
Inappropriate classification of lithium salts would create business uncertainty, which would have numerous implications for future investment.
Other countries outside the EU may reach a different conclusion on the classification, gaining a competitive advantage. The UK, for example, will propose its classification by June 30, 2022. This means processing investments proposed for an EU member could instead be shifted to the UK, depending on the ruling taken in London.
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