EU: Amendment to the European List of Waste to address waste batteries
The European Commission has published an amendment to the European List of Waste to address waste batteries and wastes from treating them.
Batteries play a crucial role in promoting sustainable development, green mobility, clean energy, and climate neutrality. The Regulation on Batteries and Waste Batteries (“the Regulation”) establishes a harmonized framework for managing the entire life cycle of batteries placed on the EU market. To support waste management, the European List of Waste, last amended in 2014, provides standardized terminology for classifying waste, including hazardous waste, across the EU.
According to Recital 116 of the Regulation, the European Commission is required to revise this list to reflect advancements in battery chemistries, manufacturing, and recycling processes. The goal is to enhance the identification, monitoring, and traceability of waste streams while ensuring clarity on their classification as hazardous or non-hazardous. This will facilitate proper sorting and reporting of waste batteries. Similarly, the Communication on Critical Raw Materials anticipates a targeted amendment of the waste list in 2024 to account for emerging battery chemistries (particularly lithium-based and nickel-based), evolving manufacturing and recycling processes, and improved waste battery management. The amendment also aims to strengthen environmental and human health protection by ensuring the proper handling of battery-related waste. Additionally, it supports the efficiency of the recycling value chain, including the application of recycling efficiency rules and the use of recycled content in new batteries.
New hazardous waste codes have been introduced to identify intermediate fractions from battery waste treatment, commonly known as “black masses.” Their classification as hazardous is based on the latest information regarding composition and classification of components under the Classification, Labelling, and Packaging (CLP) Regulation, which aligns with the Globally Harmonized System in the EU.
The classification of battery-related waste streams influences the applicable waste shipment rules under the Waste Shipment Regulation, which aims to protect both the environment and human health. In addition to introducing new waste codes for battery-related waste, the amendment reclassifies all alkaline batteries as hazardous waste, replacing the previous non-hazardous waste code. This change updates the classification from the early 1990s based on advancements in scientific and technical knowledge, particularly the concentration of hazardous substances in batteries as defined by the CLP Regulation.
Lithium-based batteries pose specific risks for transport and treatment due to explosion and fire hazards, especially in municipal waste. To enhance their safe and efficient management, a new hazardous waste code for lithium-based batteries has been introduced under sub-chapter 20 01 of the waste list. This code applies to separately collected fractions of municipal waste and serves as an alternative to the hazardous waste code used for sorted and unsorted hazardous waste batteries of municipal origin.
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