EXPERT OPINIONS
Waste transport permit in the face of proposed EU changes
Environmental regulation and BDO service specialist
Justyna Blazewicz-Seredyn
"Good preparation is the key to avoiding problems". - Justyna believes that knowledge of environmental regulations should not be treated as a bureaucratic necessity, but as a way of running a safe and stable business.
I was interested to learn that on 5 March the European Union authorities plan to make changes to the European waste list. Making them more specific and introducing new codes related to batteries and accumulators will certainly help to manage them better. The question is how will this affect the work of hauliers?
Need help obtaining a waste transport permit? Feel free to contact me
In the second half of last year, the European Commission presented a draft document, amending Decision 2000/532/EC. Its premise is to update the European waste list to include batteries and accumulators. It was last revised more than a decade ago. During this time, the waste industry has changed significantly. The industry has developed and there was a need to revise the established rules. In the introduction to the proposed revision, the Commission justifies that the introduction of new waste into the catalogue and the more detailed listing of waste will contribute to more efficient treatment. Let us take a closer look at this.
Waste transport permit - what will change?
The amendment introduces new waste codes and reclassifies some existing ones, often assigning them hazardous waste status. This includes:
- waste from battery production,
- waste batteries and accumulators,
- residues from the recycling process (so-called black mass).
The changes are consistent with the objective of the Battery Ordinance. The idea is to improve safety, better record-keeping and the recovery of critical metals such as lithium, cobalt or nickel. However, the introduction of the new codes directly affects the documentation requirements and thus the scope of operators' rights.
Waste transport permit - impact of new legislation
The publication of the 5 March document was preceded by a consultation period from 11 October to 8 November. During this time, various institutions were able to present their point of view, give their opinion on the content of the document or propose amendments to it. Organisations such as Umicore, a Belgian recycler with an international reach, the Swedish battery recycler Northvolt and the Polish New Mobility Association took the floor.
The common denominator of the positions presented is a positive reception of the idea of changing the waste catalogue. However, individual stakeholders pointed out the need for a better alignment of the transition period. In order to do so, entrepreneurs had more time to adapt their activities to the new requirements resulting from the updated waste list.
Situated in Belgium, EuRIC highlights the need to amend existing permits to better match the anticipated changes:
(...) the proposed changes will have a significant impact on collection and storage facilities and battery logistics and recycling operators who currently do not hold permits for the management, transport and treatment of hazardous waste. In addition, the large number of new codes is impractical given the scale at which recycling facilities must operate and the fact that all permits of companies involved in the generation, transport, storage and treatment of these materials will need to be adapted accordingly.
The Hungarian Waste Management Federation (HASZ) also had comments on the transport of battery waste, advocating changes to transport procedures
We would like to emphasise that, in parallel with the introduction of uniform classifications of battery waste as hazardous, it is extremely important to speed up and simplify procedures (...) related to waste shipments and the issuing of permits for waste treatment, as overly complicated legal requirements and the approach of the authorities may unfortunately lead to the undesirable effect of inducing companies to act illegally.
Many carriers has permits for specific types of waste. Changing their codes means that existing permits may become invalid or inadequate. However, if a company fails to update its permissions, it can expose itself to serious legal consequences - from fines (and these can be really expensive) to vehicle seizure.
It will also need to be verified that the type of waste in question will not require protective measures, special containers or ADR markings after reclassification.
So what should a carrier do to comply with the new rules once they come into force?
- Analyse new waste codes and update transport permits
- Change the markings on waste transfer notes, ensure that SENT notifications and other similar systems include the correct codes
- Train drivers in the transportation of hazardous waste
- Assess whether vehicles meet new requirements, e.g. for ADR.
Will all carriers be affected by the changes?
No, because the modifications only apply to specific waste streams - primarily batteries, their components and residual fractions after treatment. So if a transporter has waste paper transport contract or scrap metal, he will not have to make any changes to permits and other documents. At least until another customer is found who will require new codes on the permit. It is also worth bearing in mind that changes to the European waste catalogue may be linked to further reforms, such as restricting the export of secondary raw materials outside the EU. This means new reporting obligations and additional administrative barriers.