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Batteries are essential for powering low-carbon technologies, facilitating the shift from internal-combustion-engine (ICE) vehicles to electric vehicles (EVs) and enabling storage of renewable energy. It comes as no surprise then that the energy transition is causing the global demand for batteries to grow at an unprecedented rate, with a projected 14-fold increase between now and 2030.1 At the same time, prompted by concerns about geopolitical risk, security of supply and the environmental impact of sourcing batteries from certain other countries (in particular, China), there is strong political impetus in the EU and the UK to strengthen domestic battery production capacity and supply chains, including through the UK government's UK Battery Strategy, published on 26 November 2023.2
This presents significant opportunities for stakeholders looking to develop, invest in or contract with gigafactory projects in Europe. However, developing and financing large-scale gigafactories comes with a number of challenges: from finding ways to procure battery minerals in an ever-tightening market, to ensuring the industry can cope with rapidly evolving technology, growing pressure to meet 'responsible sourcing' obligations and increasing energy and transportation costs, battery industry players have to constantly re-think and re-shape their sourcing, technology and production strategies and financiers to adapt to this context.
In this briefing, we provide an overview of some of the key considerations for developing and financing gigafactory projects.
1.1 Key players and structures
Asia currently dominates battery production, with 65% of battery cells and almost 80% of cathodes manufactured in China.3 However, with around 30 gigafactory projects currently planned to be developed in Europe over the coming years, Europe is becoming one of the fastest growing regions in the world for the manufacturing of EV batteries outside of China.
Gigafactories across Europe are being developed by a range of players using various models and governance structures, including:
New Entrants: Northvolt and Verkor (which has a key investor and offtaker in the form of Renault) are the key examples of this so far in Europe.
1.2 Demand for battery metals
Tightening markets and geopolitics
EVs require roughly six times the critical mineral inputs of ICE vehicles. OEMs are therefore under intense pressure to secure critical minerals in sufficient quantities to meet their EV production targets. Current extraction and production levels of critical minerals are below forecast demand, and the International Energy Agency projects that global demand for critical minerals will more than double by 2030, with EVs and battery storage as the main drivers of this.4
The resilience and security of battery mineral supply chains is a key challenge for OEMs, in particular given the current global geopolitical context, supply chain disruptions (made particularly acute by the COVID-19 pandemic and the Russia-Ukraine conflict), the concentration of battery minerals in a small number of countries (and, in particular, China's dominance of the extraction and processing of a number of critical minerals and rare earth metals), commodity price volatility and an increasingly complex regulatory environment.
Evolving technology
The demand for critical minerals also heavily depends on the evolution of battery technology. The majority of EVs currently use lithium-ion batteries, with predominantly NMC (nickel, manganese and cobalt) cathodes and so current procurement and production strategies reflect this.
However, battery manufacturers and OEMs are making substantial investments in battery research and development, on the one-hand, in order to overcome supply chain constraints, reduce costs and their environmental footprint and, on the other hand, continue to enhance the performance of EVs. Rapidly evolving battery technology is already seeing cobalt content being decreased (albeit in a market that is growing) and increased use of cheaper and cobalt-free LFP (lithium, iron, phosphate) batteries. The prospect of next generation batteries, such as full commercialised production of sodium-ion batteries (for energy storage and ultra-heavy transport) and solid-state batteries, make longer-term investment decisions and procurement strategies more challenging.
1.3 Provenance and supply chain diligence
Battery producers are faced with an increasingly stringent legal framework on sustainable and responsible supply chains as a result of the growing body of regulation on supply chain transparency and active risk mitigation in supply chains (including in relation to critical minerals). This includes the French Vigilance Law5 (which was passed in 2017), the German Supply Chain Act6 (which entered into force in January 2023) and the European Commission's current proposal for a directive on corporate sustainability due diligence (which is expected to be agreed and adopted by the EU by the end of 2023).
The EU Batteries Regulation (which entered into force in August 2023 and is being implemented in phases until 2027) is of direct relevance to gigafactory projects and their end customers, in particular the requirements for:
To meet the requirements of this evolving regulatory landscape, battery manufacturers will need to integrate supply chain transparency and environmental, social, and governance (ESG) obligations into their existing organisational structures and procurement practices. As a result, in respect of batteries to be supplied to the European market, provenance will play an important factor, alongside price and security of supply for critical mineral inputs.
2.1 Funding
The construction of gigafactories entails significant costs and so usually necessitates a mixture of funding sources, including:
2.2 Supply and Offtake
Gigafactories are exposed to a cost / revenue squeeze if input price fluctuations are not matched by the end battery product price. Equally, given that battery costs account for a significant proportion of the price of an EV, raw material price spikes can make a whole EV model production line uneconomic. This plays out in several ways on both the supply and offtake side.
2.3 Construction
The nature of gigafactories rarely allows construction/commissioning to be fronted by a single entity (such as an EPC contractor). Instead, the construction of a gigafactory will be undertaken through a variety of different contracts, which increases complexity and the risk of completion delays/underperformance. The division of the project into separate packages inevitably focuses attention, in particular for financiers, on sponsor cost overrun and completion support, because there is no single contractor solely responsible for timely delivery or performance of the project, or outturn cost. The inability to pass through the full losses to the EPC contractor in turn means that there is increased focus on strong project management and the need for sufficient buffers in the project schedule.
In addition, given the amounts at stake and the limited recourse against the battery maker and, in turn, the various contractors/suppliers, anchor OEMs may have no choice but to bear a share of the construction/commissioning risk.
2.4 Intellectual property and technology
Developing gigafactories involves numerous proprietary innovations and processes in the context of rapidly evolving technology which is essential to prove at scale and adapt overtime. Gigafactory developers rely on a wide range of external suppliers and partners, which require compliance with third party patents and licences. For example, it may be that the IP in respect of the casing of a battery module belongs to the OEM (rather than the battery manufacturer); this needs to be carefully assessed if the gigafactory developer is also selling complete batteries to third party customers. Therefore, a robust IP strategy, backed by clear contractual arrangements, to promote innovation and protect the interests of all stakeholders is key to develop a successful gigafactory project.
2.5 Site
There are a number of site-specific factors required to be considered in the selection of the geographic site for a gigafactory. Key considerations include:
If there are any points in this article you would like to discuss, please feel free to get in touch with any of the key contacts below.
For more information on financing the energy transition and other related insights, see our energy transition and net zero hub here, which includes all of the previous articles in our "Financing the Energy Transition" series.
Thomas Herman and Paul Morton were quoted in Energy Storage News on the European gigafactory ecosystem and the energy storage system demand.
An article on the key funding considerations in gigafactory project by Thomas Herman, Paul Morton and May-Anaïs Zebdji features in Proximo Infra.
The contents of this publication are for reference purposes only and may not be current as at the date of accessing this publication. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.
© Herbert Smith Freehills 2024
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