Brussels, April 30th, 2014.
Comments on the new Proposal for Classification of Waste Batteries.
Our Association’s members have been informed about a Commission’s proposal for a new classification of several types of waste batteries under the Waste
Catalogue (Commission Decision (2000/532/EC)) without any previous consultation of the European Battery Industry. Despite the advanced stage of the
process, we would like to address several concerns regarding this proposal. In Table I presented below, we are comparing the current classification with the
recent draft proposal received in April 2014 and proposing our comments.
Our key concerns as regards the proposed classification of certain types of batteries as hazardous waste are as follows.
1. Non-harmonized use of classification criteria throughout the proposed modified classification of batteries.
The logic behind the new classification of entries related to batteries is difficult to understand. For legal reasons, the proposed classification should be based
on the evaluation of the hazard properties as defined by the criteria proposed in ANNEX III of the Directive 2008/98/EC. We are particularly concerned about
the lack of coherence in the application of the recommended criteria (see Table 1).
2. Inconsistencies when applying the classification criteria for substances to articles - need of a methodology.
We are particularly concerned about the absence of a clear methodology when applying the CLP criteria to batteries, which are articles according to the
REACH regulation.
The new classification proposed in Annex III is based on the hazard criteria of the CLP regulation, which was created for the classification of the hazard
properties of substances and mixtures of substances. Its application is now extended to the classification of waste, including articles which are deemed to
have the same hazard properties as the substances they contain. Without consideration for the physical status of the substances contained in articles such as
batteries, the classification may generate inconsistencies. The following example will illustrate our concern: the flammability property HP3 applies to some
organic electrolytes of Li-ion batteries. However, in practice, the solid waste consisting of a mixture of batteries is not flammable and therefore should not be
classified as HP3. As a result, the potential classification of Lithium-Ion batteries as hazardous should be supported by an appropriate test.
1
3. Mirror entries.
Due to the diversity, complexity and constant evolution of the composition of batteries and the wide range of composition observed, it appears justified to
include some mirror entry classifications (both hazardous and not hazardous).
4. Waste Shipment Regulation (EC/1013/2006).
The Waste Shipment Regulation (EC/1013/2006) requires information about the basic hazardous properties present in the waste during transport. Due to the
lack of a clear methodology and coherence in the revised proposal, the classification will not allow the waste shipper to properly identify the main properties or
the cumulative properties of the waste.
5. Conclusions.
The undersigned associations feel that additional explanation on the methodology used for the proposal of a new classification of several types of waste
batteries is needed. A proper impact assessment should be conducted to evaluate the consequences of this proposal in terms of classification. The EU
Battery Industry therefore concludes that the new proposal to classify some types of batteries and mixtures of batteries as hazardous waste in the Waste
Catalogue can be perceived as arbitrary.
The proposed changes should be subject to a specific impact assessment, particularly concerning the administrative and economic consequences for waste
batteries and WEEE industries. In the meantime, facing the wide variety of batteries and their composition and in absence of clear instructions on how to apply
the new classification criteria to articles such as batteries, we recommend not changing the current classification of batteries in the Waste Catalogue.
The European Battery Industry invites the Commission and the Competent Authorities to establish, together with all concerned stakeholders, a methodology to
properly classify waste batteries and mixtures of various types of waste batteries in the List of Waste.
Brussels, April 17th, 2014.
RECHARGE asibl
C. Chanson and J-P Wiaux
[email protected]
[email protected]
www.rechargebatteries.org
EUROBAT
A. Westgeest and R. Schroeder
[email protected]
[email protected]
www.eurobat.org
EPBA
H.Craen
Secretary General
[email protected]
www.epbaeurope.net
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EBRA
A.Vassart
Secretary General
[email protected]
www.ebra-recycling.org
TABLE 1.
COMPARISON BETWEEN THE CURRENT SITUATION AND THE NEW PROPOSAL.
CURRENT STATUS
16 06
NEW PROPOSAL
April 2014
16 06
16 06 01*
Batteries &
accumulators
Lead batteries
16 06 01*
Batteries &
accumulators
lead batteries
16 06 02*
Ni-Cd batteries
16 06 02*
Ni-Cd batteries
16 06 03*
Mercury-cont. batteries
16 06 03*
Mercury-containing
batteries
16 06 04
Alkaline batteries
(except 16 06 03)
16 06 04
Alkaline batteries (except
16 06 03)
16 06 05
Other batteries &
accumulators
16 06 05
Other batteries and
accumulators
COMMENTS
RECOMMENDATIONS
Which types of batteries are falling under
this category? Why would “other
batteries” all be non-hazardous?
There should be a mirror entry
with the “hazardous”
classification 16 06 05*
Why would Nickel-Zinc batteries be
classified differently from Ni-Cd or NiMH?
16 06 06*
Separately collected
electrolyte from
batteries and
accumulators
16 06 06*
Separately collected
electrolyte from batteries
and accumulators
3
It is expected that one or more of the new
HP criteria will govern this
classification? It is based on the
classification of mixtures.
Develop a clear methodology
CURRENT STATUS
16 06 07*
NEW
16 06 08*
NEW
NEW PROPOSAL
April 2014
Nickel-Metal hydride
batteries (Ni-MH)
batteries and accumulators
Lithium containing
batteries and accumulators
COMMENTS
RECOMMENDATIONS
What are the applied criteria leading to
this classification?
Develop a clear methodology
Make an impact assessment
There is need to harmonize the
methodology for differentciating between
Ni-MH from other types of alkaline
batteries (Ni-Zn, Zn-air, Zinc Alkaline,
Zinc-Carbon…).
What are the applied criteria leading to
this classification?
There is no distinction between Lithium
metal and Lithium Ion batteries.
Propose a mirror entry to this
classification 16 06 07 for
batteries not fulfilling the
hazard criteria.
There should be a mirror entry
to this classification 16 06 08
for batteries not fulfilling the
hazard criteria.
Develop a clear methodology
Does this entry refer to lithium metal or
to all batteries containing lithium ions.
There is an issue as some alkaline
batteries (i.e. Ni-Cd, Ni-MH, Ni-Zn…)
contain lithium ions in their electrolyte.
4
Make an impact assessment
Open different entries between
Lithium-Metal and LithiumIon batteries.
CURRENT STATUS
20 01 34
Batteries and
accumulators other
than those mentioned
in 20 01 33
20 01 34
NEW PROPOSAL
April 2014
Batteries and
accumulators other than
those mentioned in 20 01
33
COMMENTS
RECOMMENDATIONS
This entry concerns mixed batteries
probably, not containing 16 06 01*, 16
06 02* or 16 06 03* .
Develop a clear methodology
to evaluate the hazardous
character of the mixed waste
batteries.
What is the classification of mixed
batteries containing 16 06 07* or 16 06
08*? There is a lack of coherence
between 20 01 33* and 20 01 34…
Currently, shipments of unsorted zincprimary batteries contains > 5 % by
weight of other batteries under the entries
16 06 01*, 16 06 02*, 16 06 03 *, 16 06
07*, 16 06 08* and others…
20 01 35*
discarded electrical and
electronic equipment
other than those
mentioned in 20 01 21
and 20 01 23
containing hazardous
components 1
1
Hazardous
components from
electrical and
electronic equipment
may include
accumulators and
20 01 35*
discarded electrical and
electronic equipment
other than those
mentioned in 20 01 21
and 20 01 23 containing
hazardous components1
There is a lack of coherence between 20
01 34 and 20 01 35*.
Would 20 01 35* apply when WEEE is
containing batteries entry 16 06 08*, then
all WEEE containing a lithium metal or a
lithium ion battery will be classified as
hazardous.
1
Hazardous
components from
electrical and electronic
equipment may include
accumulators and batteries
mentioned in 16 06 of the
5
Develop a clear methodology
to evaluate the hazardous
character of the WEEE
containing mixed waste
batteries and develop threshold
limits. (tests or threshold
values ?)
Make an impact assessment
In addition the Basel Convention and the
Waste Shipment Regulation will apply to
such type of WEEE.
The Waste Shipment Regulation based
batteries mentioned in
16 06 of the list of
wastes established in
Annex III and marked
as hazardous; mercury
switches, glass from
cathode ray tubes and
other activated glass,
etc.
list of wastes established
in Annex III and marked
as hazardous; mercury
switches, glass from
cathode ray tubes and
other activated glass, etc.
6
on this classification of wastes, requires
information about the basic hazardous
properties offered by waste during
transport.