This post outlines the specific removability and replaceability requirements that the SBR will impose on portable batteries and light means of transport ("LMT") batteries (e.g., batteries for electric bicycles) marketed in the EU/EEA as of around September/October 2026.  The new requirements will oblige producers of appliances to introduce design changes to their appliances and the batteries they incorporate.  Moreover, clarifying the details of such requirements is likely to create much controversy and debate among the European Commission, Member States and other stakeholders within the next two years.  In effect, the SBR leaves it to the Commission to adopt guidelines interpreting the different removability and replaceability requirements. 

The post also briefly mentions the political compromise that the European Parliament and Council reached on the removability and replaceability of electrical vehicle batteries and "starting, lighting and ignition" ("SLI") batteries, and its emphasis on ensuring that such batteries be removable and replaceable by "independent professionals" (and not just authorized dealers).

Removability and Replaceability Requirements for Portable Batteries and LMT Batteries

While we expect that the EU legal linguistic experts will have to introduce some edits, Article 11 of the SBR imposes different removability and replaceability requirements for portable batteries than for LMT batteries.In turn, it would exempt from the removability and replaceability requirements portable batteries where continuity of power supply is necessary and a permanent connection between the device and the portable battery is required to ensure the safety of the user and the appliance, or for products that collect and supply data as their main function, if this is necessary for "data integrity reasons."

Portable Batteries

The SBR defines portable batteries as any battery that is sealed, weighs below or equal to 5 kg, is not designed specifically for industrial uses, and is not an electric vehicle, LMT or SLI battery.  As from 42 months after the entry into force of the SBR, producers marketing devices incorporating such portable batteries must ensure that the batteries are "readily removable and replaceable" by the "end user" at any time during the lifetime of the device.  Thus, the general rule for portable batteries is that it must be possible for the end user, and not a qualified professional, to remove and replace the batteries "at any time during the lifetime of the product."  This wording also suggests that the Commission and Member States could take the position that portable batteries should be removable from appliances and replaceable "at any time" even if the appliance has a shorter life than that of the batteries.

Article 11(1) of the SBR also clarifies that a portable battery is "readily removable" by an end user, if it can be removed "with the use of commercially available tools" without requiring the use of: "specialized tools" unless they are provided free of charge with the product, "proprietary tools," "thermal energy" or "solvents."  A recital of the SBR also explains that "commercially available tools are tools available on the market to all end users without the need for them to provide evidence of proprietary rights and that can be used with no restriction, except for health and safety reasons." 

Producers marketing electronic devices incorporating portable batteries will also be required to ensure that their devices are accompanied by instructions and safety information on the use, removal and replacement of the batteries.  The instructions and safety information must be posted online in a publicly available website in a manner that is easily understandable for end users.

Article 11 establishes two exceptions to the general rule that portable batteries must be removable and replaceable by end users.  Devices incorporating portable batteries may be designed in such way as to make their batteries removable and replaceable only by "independent professionals" if they are:

1.万博体育app手机登录specifically designed to operate primarily in an environment that is regularly subject to splashing water, water streams or water immersion and that are intended to be washable or rinseable. 

Article 11(2) adds that this derogation is only applicable where removability and replaceability by an independent professional  is necessary to ensure the safety of the user and the appliance.  A recital of the SBR further tightens the derogation, stating that it "should only apply when it is not possible, by way of redesign of the appliance, to ensure the safety of the end user and the safe continued use of the appliance after the end user has correctly followed the instructions to remove and replace the battery" (emphasis added).  Arguably, the Commission will have to refer to socio-economic and technical feasibility considerations when adopting guidance defining the scope of what is "not possible." 

The same recital also suggests that a device is designed to "operate primarily" in a water environment if it is "specifically designed to be used, for a majority of the active service of the appliance" in a water environment. 

2.professional medical imaging and radioactive devices. 

Article 11 also empowers the European Commission to introduce additional derogations for other types of devices whose portable batteries may only be removable and replaceable by independent professionals, instead of end users.  However, the Commission may do so only if the additional derogation is necessary to take into account technical and market developments and there are scientifically grounded concerns over the safety of end users removing or replacing the portable batteries, or such removability or replaceability by end users risks being in violation of other EU product safety rules.

The SBR does not define "independent professionals."  However, such category of professionals also includes those that are not dealers authorized by the manufacturers of the devices.  The Commission's guidelines may have to provide criteria on the qualifications that such professionals must meet in order to ensure the safety of end users and the devices.

LMT Batteries

The SBR defines LMT batteries as those that are sealed and weigh below or equal to 25 kg, are designed to provide electric power for the traction to wheeled vehicles that can be powered by an electric motor alone or by combination of motor and human power, including type-approved vehicles of category L under Regulation 168/2013, and are not electric vehicle batteries (e.g., batteries for electric bicycles).  As from 42 months from the entry into force of the Regulation, producers marketing devices incorporating LMT batteries in the EU/EEA must ensure that the batteries are readily removable and replaceable "at any time during the lifetime" of the device. 

However, in contrast with the requirements for portable batteries, the LMT must be removable and replaceable by "independent professionals," and not end users.  Moreover, in the case of LMT batteries, the removability and replaceability requirements also apply to the battery cells included in the battery pack.

Replaceability Requirements

At the last moment of the EU's legislative negotiations, the European Parliament and Council introduced a confusing second subparagraph to Article 11(5) that seems intended to define the "replaceability" requirements for both portable batteries and LMT batteries.  This is despite the fact that the first subparagraph of Article 11(5) regulates the removability and replaceability of only LMT by professional users.

In particular, as currently drafted, the second subparagraph of Article 11(5) states that a portable and LMT battery is "readily replaceable" if after its removal from an appliance or light means of transport, "it can be substituted by a similar battery, without affecting the functioning or the performance or safety of that appliance or light mean of transport."  While unclear, the Commission and Member State authorities could take the view that the obligation to ensure that the battery can be substituted by a "similar" battery, "without affecting the functioning or the performance of the appliance or light mean of transport" also applies when an end user, and not only an independent professional, removes and replaces the portable battery from the device.This view could be supported by the fact that the subparagraph also contains a requirement on producers to ensure that portable and LMT "batteries be available as spare parts of the equipment they power for a minimum of five years after placing the last unit of the model on the market, with a reasonable and non-discriminatory price for independent professionals and end users" (emphasis added). 

The guidelines that the Commission is expected to adopt, will also have to clarify this second subparagraph of Article 11(5).  Among other things, we anticipate that the guidelines will have to take into account the Sale of Goods Directive when interpreting the subarapgraph's removability requirements.  In any event, the use of the term "similar" suggests that producers must ensure that portable and LMT batteries in appliances can be replaced by batteries that are not identical, and therefore arguably can also be competing batteries, as long as they do not affect the performance or safety of the appliance.

It is also possible that this subparagraph to Article 11(5) may be slightly edited (e.g., it may be converted into a separate paragraph) before the SBR is published.

Removability and Replaceability Requirements for Electric Vehicle Batteries and SLI Batteries

In the end, the European Parliament and Council decided to drop the specific removability and replaceability requirements for automotive batteries, industrial batteries and electric vehicle batteries that the European Parliament had proposed.  Instead, a recital to the SBR states that "SLI batteries and electric vehicle batteries incorporated in motor vehicles should be removable and replaceable by independent operators."  The same recital adds that for the purpose of the design, manufacturing and the repair of SLI batteries and electric vehicle batteries, "manufacturers should provide the relevant vehicle on-board diagnostic information and vehicle repair and maintenance information on a non-discriminatory basis to any interested manufacturer, installer or repairer of equipment for [category M, N, and O] vehicles."  The SBR defines a SLI battery as a battery "designed to supply electric power for starter, lighting, or ignition and [that] may also be used for auxiliary or backup purposes in vehicles, other means of transport or machinery."

Thus, the recital calls for an opening up of the market of SLI and electric vehicle batteries.  This is in line with the obligations that the Regulation on the Type Approval of Vehicles imposes on vehicle manufactures to provide independent operators with OBD information and vehicle repair and maintenance information.  However, it is unclear how this will work in practice taking into account the warranty terms of electric vehicle manufacturers.

The recital also indicates the willingness of the Council and Parliament that a future amendment of the End of Life Vehicles Directive include provision on joining, fastening and sealing elements to ensure that the SLI batteries and electric vehicle batteries can be removed, replaced and disassembled. 

Next Steps

The SBR's new removability and replaceability requirements will apply to portable and LTM batteries and devices and means of transport containing them that are marketed as of (around) the second half of 2026.  Nevertheless, businesses and their trade associations should already assess the impact of the new requirements on their products and batteries.  They should also try to contribute to the Commission's adopting of interpretative guidelines and the possible introduction of additional exceptions to the obligation to ensure that portable batteries be readily removable and replaceable by end users.  We expect that during the next two years the Commission will hold one or more public consultations  before issuing the guidelines and exceptions.

As we have written about previously, increasing the domestic supply of EVs and semiconductors, and expanding the country's clean energy capacity are among the core policy objectives of the Biden Administration.

Each of these supply chains could utilize these new MMOs, which are not currently listed on the Toxic Substances Control Act ("TSCA") Inventory.  Because they are not listed, MMOs are subject to Section 5 of TSCA — a point that EPA confirmed in a separate compliance advisory.

Given this backdrop, manufacturers and importers of new MMOs must submit a Premanufacture Notice ("PMN") to EPA before manufacturing or importing these substances.  Upon receipt of a PMN, EPA considers the potential hazards and exposures associated with the substance, and determines whether steps must be taken to reduce the risk to human health or the environment before the substance can enter the U.S.市场 关键是制造商和进口商按要求提交通知,包括因为TSCA禁止为商业目的使用个人知道或理应知道不符合TSCA方面要求的任何化学品,包括提交PMN或有资格免上这一要求的要求§ 2614.  Manufacturers and importers do not need to submit PMN for MMOs already on the inventory (or that become added to the inventory).

EPA's announced plan to streamline this review process is good news for the EV, clean energy, and semiconductor industries.  Under recent similar streamlining initiatives for biofuels, EPA has been able to complete its review for nearly all of the dozens of PMNs it has received since January 2022.  This streamlining appears to be, in part, a response to concerns that EPA has acknowledged with respect to the speed of its new chemical reviews. 

More details are forthcoming, and the EPA has announced that it will provide outreach and training sessions for interested stakeholders to describe the new streamlined review process.

On July 27, New York Governor Kathy Hochul announced the release of the state's third competitive offshore wind solicitation (RFP), seeking to procure a minimum of 2,000 megawatts (MW) of new offshore wind generation capacity, as well as significant capital investment in New York's bourgeoning offshore wind energy supply chain.  New York's Climate Leadership and Community Protection Act of 2019 established the goal of developing 9,000 MW of offshore wind capacity, the largest statutory goal to-date of any state in the country, by 2035.  Combined with the 4,300 MW of offshore wind generation capacity procured through its prior two solicitations, the RFP will put the state more than two-thirds of the way towards reaching that target. 

As with the prior two solicitations, the New York State Energy Research and Development Authority (NYSERDA) will administer the RFP, and will be the counterparty to agreements entered into with the developers of selected proposals.NYSERDA将签订协议购买选定项目生成的离岸风能证书(ORECs),协议基础为开发商提议的固定或指数价。每位开发商必须包含一份至少25年期的建议书,用于向NYSERDA出售ORECs的合同。开发商将保留与ORECs相关联的电能、容量和辅助服务出售权。

RFP仅限于从美国获得风能租约(执行或临时租约)的开发商海洋能源管理局 和每个建议必须显示 向纽约提供电提案中包含的每个离岸风生成设施(可能不包含三个以上设施)必须最小名牌容量为(a)千兆瓦或(b)设施租区最大可用容量,而租区必须位于美国海水容量小于1,000兆瓦高压直接流技术将需安装电网约束区的所有项目使用HVDC使用时,项目必须“打乱备战状态”,或设计时有能力连接离岸电源变电站,从岸上多个离岸风力生成设施带电这一要求旨在加强发电机提供电的可靠性,并为未来的近海风项目提供灵活性。

Each开发者提交建议书时还必须包括供应链投资计划(SCIP ) 。 SCIP的拟议融资可能包括纽约州3亿元资金,如果本地制造nacelles或lips建议书必须包括至少2.00美元的非国家开发建设费用万博体育app手机登录hrefss/grebank.ny.gov/NYGreenBank 筹资(可算作非州筹资)EST处理RFP关键内容,包括资格标准、提交要求、建议书评价过程、合同承诺和授标后过程和协议Interested parties may register here.投标者必须在12月1日前向NYSERDA提交意向通知,最后建议书必须在12月21日前提交

In addition to the extension of the solar investment tax credit, the IRA renews the previously expired production tax credit for solar energy and extends the credit to include qualifying facilities that begin construction before January 1, 2025.  IRA § 13101.  Taxpayers would also be eligible for a bonus 10% production tax credit if certain "domestic content requirements" are met or if the project is located in an "energy community." [1]  The production tax credit is calculated by multiplying the amount of kilowatt-hours product by 0.3 cents or, if certain wage and apprenticeship requirements are met, 1.5 cents.  Id.

Another key provision is an extension of the energy investment tax credit to include qualifying facilities that begin construction before January 1, 2025, with tax credits for geothermal energy being extended to 2035.13102. 类似于生产税抵免,纳税人有资格额外获得10%投资税抵免,如果满足某些“家庭内容”要求或项目位于“能源社区”。投资税抵免计算法是将设施投入服务成本乘以6%或如果满足某些工资和学徒需求则乘以30%。 Id. IRA包括扩展和修改45Q固碳ARA 1344. 碳捕获45Q信用额定为每公吨合格氧化碳17美元,或如果满足某些工资和学徒需求,则定值85美元。 Id. 45Q信用额也扩展至包括直接航空捕获量,并定值每公吨合格氧化碳36美元,或如果满足某些工资和学徒需求,定值180美元。 Id. IRA还包含高级能源项目信用额扩展至100亿美元,其中40亿美元预留用于 " 能源社区 " 。除其他外,该信用扩展包括水电设施、能源存储系统、重力电机和燃料电池及其相关收费基础设施、关键矿处理、精炼或回收以及用碳捕获存储设备对能源设施进行改换。 Id. em>Id.

§ 13204.  "Qualified clean hydrogen" is hydrogen which is produced through a process that results in a lifecycle greenhouse gas emissions rate of not greater than 4 kilograms of CO2e per kilogram of hydrogen.  Id.  The amount of the credit varies based on how clean the hydrogen fuel is, ranging from 20% of the credit amount for hydrogen emitting no greater than 4 kilograms of CO2e per kilogram of hydrogen to 100% for fuels emitting a lifecycle greenhouse gas emissions rate less than 0.45 kilograms of CO2e per kilogram of hydrogen.  Id.

For three of these tax credits, the IRA makes a "direct pay" option available to any taxpayer claiming the clean hydrogen credit, the carbon capture credit, or the advance manufacturing production tax credit.  IRA § 13801.  Direct pay allows taxpayers to receive a refundable tax credit even if they don't otherwise have any tax liability to absorb the credit (e.g., the taxpayer is operating at a loss).  In this way, the credit is particularly beneficial for early-stage companies.  With respect to clean hydrogen and carbon capture facilities, the "direct pay" option is only available in the taxable year in which the facility is placed into service, and the four years following that.  Apart from these three tax credits, the "direct pay" option is also available for a longer list of other energy-related credits, but only if the organization claiming them is a tax-exempt organization, state or local government, tribal government, or the Tennessee Valley Authority.  Id.

The IRA includes a provision that allows taxpayers to transfer certain enumerated clean-energy credits to unrelated taxpayers.[2]  IRA § 6418(a).  Consideration paid for a transferrable credit must be paid in cash, and is not includable in the income of the transferor, nor deductible by the transferee.  Id. § (b).  Excessive transferability payments could result in an addition to tax of the transferee equal to the sum of the excessive payment amount plus a penalty of 20% of the excessive payment amount.  Id. § (g)(2).  This provision is particularly beneficial for taxpayers with low tax liability that cannot otherwise take advantage of the direct pay option for credits other than the three enumerated above, and instead have to turn to the tax equity markets to facilitate use of the credits.IRA创建或扩展多项附加税收抵免,包括:(1)清洁电生产抵免,§13701清洁电投资信用第13702条3)与低收入社区连通的太阳能和风能信用第13103节+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++有大量就业领域提取、处理、运输或存储化石燃料自2000年起关闭煤矿自2009年起煤厂停产或停产的普查段

One of the Inflation Reduction Act's (IRA) notable features is the creation of a Greenhouse Gas Reduction Fund (GGRF).  This fund could create a mechanism to quickly disburse up to $27 billion to clean energy technologies, without undergoing the sometimes laborious reviews required by the National Environmental Policy Act (NEPA).  IRA § 60103. 

The GGRF would allow the EPA Administrator to disburse $20 billion to "eligible recipients," which are defined as non-profit green banks that "provide capital, including by leveraging private capital, and other forms of financial assistance for the rapid deployment of low- and zero-emission products, technologies, and services."  Id.  Among these $20 billion, $8 billion would be dedicated to providing financial and technical assistance in low-income and disadvantaged communities.  Id.  Additionally, this provision of the IRA allocates $7 billion for the EPA Administrator to provide to either states, municipalities, tribal governments, or "eligible recipients."  Id.

Because the IRA does not establish a minimum or maximum number of grant recipients—it only mandates that the Administrator make the grants "on a competitive basis"—it is conceivable that all the funds could be disbursed to a single National Green Bank.  This potential model bears several similarities to the $27 billion Clean Energy and Sustainability Accelerator the White House previously announced as part of the American Jobs Plan (AJP), which we have previously covered.  Indeed, the GGRF has been lauded by members of Congress who previously proposed the creation of a National Climate Bank or Clean Energy Accelerator as part of the AJP,^[1] who have noted that the GGRF could be used to launch a National Green Bank.^[2] 

A central bank is only one option.  The Administrator could also fund several regional banks, or provide additional capital to pre-existing green banks in states like Connecticut and New York.^[3] 

Whether central or regional, proponents of the green bank model are optimistic about the model's ability to increase the pace and scale of investment.  For this reason, proponents of the green bank model sometimes refer to the model as an "accelerator" given the ability for these funds, through focused investments, to "accelerate" investment in certain clean energy technologies.  Those champions believe that an investment in a National Green Bank (or several regional green banks) will catalyze additional private spending, and result in a larger proportional increase in the development and deployment of clean energy technologies.  Accordingly, if the initial investments and grants are successful, the green banks may be self-perpetuating and not require additional appropriations from Congress. 

Finally, there is some optimism that this green bank model could result in streamlined funding for certain projects.  Because the EPA administrator would be providing funding directly to the green bank(s)—not to the qualifying emissions-reduction projects—there is no federal government involvement in the administration of loans, grants, or other financial assistance for these projects.  While the initial decision by the administrator to provide financing to a green bank or state, local, or tribal government might itself be subject to some sort of judicial or environmental review, the subsequent disbursement of funds from the green bank would not be a "federal action."  Without "federal action," NEPA's environmental analysis requirement may be inapplicable, accelerating the timeline by which capital could be transferred to certain clean energy projects.  While it is debatable how much NEPA currently slows down environmental permitting, streamlining the permitting process for energy projects is a priority for certain key members of Congress.  Notably, in Senate Majority Leader Chuck Schumer (D-NY) and Senator Joe Manchin's (D-WV) joint statement announcing the IRA, the senators explained that they have an agreement with President Biden and Speaker of the House Nancy Pelosi (D-CA) to "pass comprehensive permitting reform legislation before the end of this fiscal year."  This emphasis on speed echoes and underscores the IRA's commitment to rapid decarbonization.

[1] See H.R.806!S.283.

[2] The statement of Senator Chris Van Hollen (D-MD), one of a the GGRF's key proponents, seems to imply that the law is meant to create a National Green Bank.

[3] Senator Van Hollen has previously referred to the success of state-level green banks when discussing his proposed Clean Energy And Sustainability Accelerator.

Most notably for consumers, the IRA provides clean vehicle tax credits of up to $7,500 for new vehicles, IRA § 13401, and up to $4,000 for used vehicles, § 13402.  It also eliminates a 200,000 vehicles per manufacturer cap, that was barring some companies—such as Tesla, Toyota, and General Motors—from benefiting fully from electric-vehicle tax incentives.  Id. § 13401. 

High-income earners are barred from claiming both credits.  For the new vehicles, the credit is limited to couples making less than $300,000, and individuals earning less than $150,000.  For used vehicles, the limits are $150,000 for couples and $75,000 for individuals.  The clean vehicle credit is limited by the actual retail price of the vehicle: it cannot be used to purchase vans, SUVs, or pick-up trucks retailing above $80,000 or any other vehicles retailing above $55,000.

The IRA also takes many steps to secure the American electric vehicle supply chain, and puts stringent eligibility limits based on where battery components are manufactured or the underlying critical minerals are processed or mined.  For instance, the Clean Vehicle Credits can only be redeemed when the new vehicles meet certain critical mineral requirements.  A percentage of the value of the critical minerals in the battery must be extracted or processed in countries with which the U.S.has either (1) a free trade agreement in effect, or (2) recycled in North America.  In 2023, this percentage starts at 40% and rises 10% each year until 2027 at which point the percentage will remain steady at 80%.  The IRA imposes similar requirements on battery components, allowing the Clean Vehicle Credit to be redeemed only when the percentage of the battery value of the components manufactured or assembled in North America meets a certain percentage, which starts at 50% in 2023, and increases 10% each year until reaching 100% in 2029.  The IRA also bars any application of the Clean Vehicle Credit to cars with battery components or critical minerals sourced from a "foreign entity of concern," starting in 2024 and 2025 respectively. ^[1]

These restrictions are likely to prove problematic for critical minerals produced in China, and Sen.manchin < ahrfss/www.manchin.senate.gov/newsroom/press-releases/manchin-supports-万博体育app手机登录决策人劝阻公司在中国进一步投资并鼓励家庭生产。例如,上年末下院以压倒性428-1prilation 创建s/ahrfs-and-insights/insights/2022/06/uyghur-struce-labor-prevente-act-struction-strategy-and-rehrefss/www.congress.gov/bill/gress-bit-pass/Chipss and scienceLaw semi-conductor manufacturing vis-à-vis China.  The IRA's electric vehicle tax credit provisions add to this growing chorus of proposals by seeking to limit the exposure of American electric vehicle, battery, and mineral supply chains to China and other countries.

Recognizing the potential supply constraints caused by the battery and mineral sourcing limitations, the IRA also implements a variety of measures to promote domestic manufacturing of electric vehicles and battery supply chains.  For instance, the Advanced Energy Project Credit, which provides investment tax credits for projects that equip or expand manufacturing facilities producing specified renewable energy equipment, is revised and expanded to encompass electric and hybrid vehicles production.  IRA § 13501.  The base credit is 6%, but an increase 30% rate is available if prevailing wage and apprenticeship requirements are met.  Id.  Additionally, the IRA makes a $1 billion investment in clean heavy-duty vehicles, IRA § 60101, provides $2 billion in grants to retool existing auto manufacturing facilities to manufacture clean vehicles, § 50143, and expands the Department of Energy's lending authorities under the Advanced Technology Vehicle Manufacturing ("ATVM") program, § 50142.  In the past, the ATVM loan program has successfully catalyzed domestic electric vehicle production, most famously by supporting Tesla with a $465 million loan in January 2010.  Finally, the IRA takes steps to decarbonize the federal government's own fleet of vehicles, providing up to $3 billion to electrify Postal Service delivery trucks.  IRA § 70002.

If enacted, these measures are sure to reshape and define the electric vehicle landscape.

[1] Foreign Entity of Concern, is defined by reference to the Bipartisan Infrastructure Law, 42 U.S.C.§1871和手段:外国实体国务大臣根据标题8第1189(a)节指定为外国恐怖主义组织列入财政部外国资产控制局维护的专用国民和阻塞者清单受覆盖国外国政府拥有、控制或受管辖或指令约束(按标题10第2533cd节定义)D) 被总检察长指称参与活动,并依据-i第18章第37章(通称Espionage法)定罪951或1030标题18标题18第90章(通称1996年经济渗透法)武器出口管制法(22 U.S.C.2751等)1954年原子能法第224、225、226、227或236节2274 2275 2276 2277 和222842018年出口管制改革法(50 U.S.C.4801等)或国际紧急经济权法1701等)或(E)由秘书经与国防部长和国家情报局局长协商判定从事有损美国国家安全或外交政策的未经授权行为 //www.ludikid.com/2022/07/commerce-requests-factual-information-in-solar-circumvention-inquiries-on-level-of-investment-non-financial-barriers-and-research-and-development-expenses/ Alexander ChinoyAndrew Jack、Carol Browner、Jay Smith、William Isasi和NicolleWainer Frii,15JU202223:41:41+00 中国 规避 太阳系 AD/CVD 商务部 多硅 东南亚 //www.ludikid.com/?p=7795 2022年7月14日 美国商务部发布请求,请求提供一系列附加事实资料,说明该机构正在对柬埔寨、马来西亚、泰国和越南使用中国大陆输入物的太阳电池和模块进行规避查询。七月Continue Reading… p对齐=scenterDepartment of Commerce ("Commerce") issued a request for a range of additional factual information in connection with the agency's ongoing circumvention inquiries into solar cells and modules from Cambodia, Malaysia, Thailand, and Vietnam that employ inputs from mainland China.[1]  The deadline to respond is July 21st.

In the July 14 memorandum, Commerce seeks information about the:  (1) amount of investment necessary to construct and start-up certain facilities, (2) non-financial barriers (e.g., access to inputs, qualified technical employees, technologies, research and development, etc.) that companies typically face to establish and begin certain operations, and (3) research and development ("R&D") expenses associated with conducting certain operations.  These types of facilities/operations involved in:

• refining silicon into solar-grade polysilicon,
• producing ingots from solar-grade polysilicon,
• producing wafers from solar-grade ingots,
• producing solar cells from wafers,
• producing solar modules from solar cells, and
• the same operations and products as foreign producers and exporters responding to Commerce's solar circumvention inquiries. 

The agency is particularly concerned with facilities located, and operations performed, in mainland China, Cambodia, Malaysia, Thailand, or Vietnam, but would accept information pertaining to other countries. 

Commerce is required to consider the level of investment and R&D expenses where circumvention is alleged due to assembly in a third country.  Level of investment and R&D expenses are factors that statutorily must be considered when Commerce assesses whether the processing occurring in Cambodia, Malaysia, Thailand, and Vietnam is "minor or insignificant."[2]  It is therefore important that interested parties provide Commerce with the requested information by the fast-approaching deadline of July 21st. 

Commerce has requested this information only from "interested parties" in the solar circumvention inquiries which are defined under Commerce's rules to include foreign producers and U.S.Covington完全可以帮助客户响应商务请求提供事实信息或对商业规避查询有更广泛问题瑞格公元前19 0712022.

The European Parliament and Council are in the last stages of the legislative procedure to adopt a Regulation on Batteries and Waste Batteries ("Sustainable Batteries Regulation"), which the European Commission proposed in December 2020.  Among other many requirements, the proposed Sustainable Batteries Regulation will require manufacturers to ensure that the portable batteries contained in their electronic devices are removable and replaceable.  These requirements will apply to a large variety of electronic devices, including household appliances, IT, telecommunications equipment, and medical devices.  They are part of a broader sustainable products package that includes other legislative proposals, such as the Commission proposal for a Regulation on Ecodesign Requirements for Sustainable Products and an upcoming legislative initiative on the right to repair, and will require manufacturers to redesign the electronic devices that they market in the European Union and European Economic Area ("EU/EEA").

The European Parliament and Council adopted their position at first reading and common approach, respectively, in March 2022, and they are now in so-called "Trilogue" negotiations to try to reach an agreement on the final wording of the Regulation.  They expect to hold their third Trilogue meeting in early October and to adopt the Regulation by the end of the year.  The removability and replaceability requirements on portable batteries are likely to apply as of early 2025.

Below we outline the Parliament's and Council's main positions on the replaceability and removability requirements as well as those aspects for which they have already reached a provisional agreement. 

The Removability and Reparability Requirements

The draft used in preparation of the second Trilogue meeting of June 30 ("Second Trilogue Draft") indicates that the EU institutions agree that as "[f]rom 24 months after the entry into force of the [Sustainable Batteries Regulation] any natural or legal person that places on the market products with portable batteries […] incorporated, shall ensure that those portable batteries […] are designed in such a manner to be readily and safely removable and replaceable by the end-user or by independent operators during the lifetime of the appliance […], if the batteries have a shorter lifetime than the appliance […], or at the latest at the end of the lifetime of the appliance." 

The current Batteries and Waste Batteries Directive 2006/66 already requires manufacturers to "design appliances in such a way that waste batteries [..] can be readily removed."  The WEEE Directive 2012/19 also requires that batteries be removed from any "separately collected [waste electrical and electronic equipment]."  The Sustainable Batteries Regulation's requirements on removability and replaceability are intended to ensure the enforcement of the obligation to remove the batteries to allow their recycling and to prolong the expected lifetime of the appliances they are part of.  While the Second Trilogue Draft's wording is unclear, the removability and replaceability requirements are likely to be interpreted as requiring that portable batteries be removable and replaceable if their lifetime is shorter than that of the appliances in which they are contained, and that they be removable at the end of the lifetime of the appliances.  This could suggest that portable batteries do not need to be replaceable if their lifetime is the same or longer than that of the appliances in which they are contained.

The Council is proposing that a battery should be considered as "readily removable" "where it can be removed from an appliance […] without the use of specialized tools, thermal energy, or solvents to dissemble."  A battery would be replaceable "where, after its removal from an appliance […] it can be substituted by a similar ["compatible" according to the Parliament] battery without affecting the functioning or the performance or safety of that appliance."

The European Parliament is also proposing prohibiting manufacturers from using software "to affect the replacement of a portable battery […] or of their key components with another compatible battery or key component."     

The Parliament's proposal to ensure that portable batteries can be substituted by "compatible," rather than "similar," portable batteries is intended to ensure that batteries can be replaced by batteries that are not of the same brand or from the same manufacturer.The Parliament also proposes to require that manufacturers keep available portable batteries as spare parts of the appliances they power for a minimum of ten years after placing on the market the last unit of the same model "with a reasonable and non-discriminatory price for independent operators and end-users."

To What Batteries and Appliances Would the Requirements on Removability and Replaceability Apply?

The Second Trilogue Draft defines a portable battery as any battery that: (i) is sealed, (ii) weighs below or equal to five kilograms, (iii) is not designed specifically for industrial uses, and (iv) is neither an electric vehicle battery, nor a light means of transport battery, nor a starter, lighting or ignition power battery of a motor vehicle.万博体育app手机登录A battery is "any ready for use, source of electrical energy generated by direct conversion of chemical energy, having internal or external storage, and consisting of one or more non-rechargeable or rechargeable battery cells, modules or packs of them, including a battery that has been subject to preparing for re-use, preparing for repurpose or repurposing, or remanufacturing." It also defines an "appliance" as any "electrical and electronic equipment" that is fully or partly powered by a battery or is capable of being so."

In practice, the removability and replaceability requirements will apply to portable batteries contained in a wide variety of electrical devices, including household appliances, IT and telecommunications equipment, consumer and lighting equipment, electronic tools, toys and leisure equipment, medical devices, monitoring equipment, and automatic dispensers.  However, the reference of the definition of appliance to the WEEE Directive 2012/19 suggests that the removability and replaceability requirements may not apply to all products containing batteries.  For example, it is unclear whether the requirements would apply to teddy bears with an electronic function.

The Second Trilogue Draft imposes identical requirements on batteries for light means of transport (e.g., electrical bicycles), and the European Parliament is also proposing to impose similar requirements on automotive batteries, electric vehicle batteries and industrial batteries.

Who Should Be Able to Remove and Replace the Portable Batteries?

The Second Trilogue Draft indicates that the Parliament and Council have reached a provisional agreement in that the manufacturer of the appliances may choose between ensuring that the portable batteries be removable and replaceable by an end-user or by an independent operator.  However, as with the EU rules on the type approval of vehicles (see e.g., Regulation 2018/858), the EU institutions intend to ensure that manufacturers may not limit the possibility to remove and replace the batteries to only their dealers.  The Draft defines an independent operator as a "person who is independent from the manufacturer and the producer and is directly or indirectly involved in the repair, maintenance or repurposing of batteries, and include waste management operators, repairers, manufacturers or distributors of repair equipment, tools or spare parts, as well as publishers of technical information, operators offering inspection and testing services […]." 

The Parliament would also require manufacturers of appliances to provide their customers at the time of purchase of the appliances and permanently online with "clear and detailed instructions for removal and replacement" of the portable batteries. 

The Council also proposes that in the case of appliances "designed to operate normally in a wet environment" the portable batteries shall be removable and replaceable "only by qualified independent operators."  The concept of "qualified" independent operator would have to be defined in the guidance on the removability and replaceability requirements that the Commission is mandated to adopt and/or by Member State legislation.

Possible Exemptions

The European Parliament and Council are likely to agree that the removability and replaceability requirements should not apply to portable batteries where the "continuity of power supply is necessary and a permanent connection between the [appliance] and the [respective] portable battery is required for safety, medical or data integrity reasons."  The Parliament is also proposing to grant an exemption where "the functioning of the battery is only possible when the battery is integrated into the structure of the appliance and it can be proved by the manufacturer that there is no alternative available on the market."  The Second Trilogue Document suggests that the Parliament and Council have provisionally agreed that the removability and replaceability requirements should only apply to battery packs as a whole and not to individual cells or other parts included in the battery pack.