Disposal: On the recycling path ‌

In 2020, 2729 tons of portable batteries were transported as waste in Germany – “peanuts” in terms of quantity, but this is likely to change in the coming years.

Note: Lithium (ion) batteries from e-mobility (for the German Battery Act (BattG) these Batteries for light transport vehicles (LV batteries) (if ≤ 25 kg) or electric vehicle batteries (if > 25 kg) are not included in this figure. This article is about (waste) lithium metal/ion cells/batteries according to Art. 3 (1) No. 50 EU-BattV

• either on their own (= hazardous goods UN 3090, 3480)
• or in waste electrical and electronic equipment (WEEE) from which they have not been removed (§ 3 No. 3 ElektroG) (= haz-ardous goods UN 3091, 3481).

These should be disposed of (§ 3 (22) KrWG), i.e. either recycled/not energetically recovered (§ 3 (23) KrWG) or disposed of (§ 3 (26) KrWG). Priority is given to recovery (§ 2 (1) No. 2 KrWG).

Attention: „Recycler“ in the sense of waste and hazardous goods law is something different than in the colloquial sense. The resale of returns, for example, is not recycling in accordance with waste/dangerous goods legislation.

Dangerous goods regulations

The requirements for transport as dangerous goods in European road/rail/inland waterway transport (ADR/RID/ADN) and in maritime transport (IMDG Code) can be systematized, as the table on this page shows.

However, the carriage of waste lithium batteries by air is prohibited (special provision A183 IATA-DGR) and there is unlikely to be any need to transport them.

First case in land and sea transport

There are three different transport options for a waste lithium cell/battery that is not damaged or defective (i.e. is not a cell or battery within the meaning of special provision (SV) 376 in land or sea transport).

1st option for the „small“ pure and in WEEE

For waste cells made of lithium metal less than or equal to (≤) one gram or lithium-ion ≤ 20 Wh, or waste batteries made of lithium metal ≤ 2 g or lithium-ion ≤ 100 Wh, or devices containing such cells or batteries, carriage may be in accordance with special provision 188 of the ADR/RID/ ADN/IMDG Code (see Arbeitshilfe  “SV 188”).

This assumes that the test summary for these waste cells/batteries in accordance with 2. 2.9.1.7 g) ADR/ RID/ADN/ subsection 2.9.4.7 IMDG Code is available for these waste cells/ batches, and this is likely to be difficult in the case of waste.

The label in accordance with Fig. 5.2.1.9.2 ADR must be affix­ed to the packaging; there are no requirements for further labeling or a transport document. A transport category in accordance with 1.1.3.6.3 ADR is also not required.

2nd option up to 500 grams pure: For the above-mentioned ­sizes as well as for waste cells/batteries with higher capacity ­limits, but a maximum of 500 grams per cell/battery, transport is carried out in accordance with special provision 636 ADR/RID/ADN. The test summary in accordance with 2.2.9.1.7 g) ADR/ RID/ADN is not required and only the marking „LITHIUM BATTERIES FOR RECYCLING“ is required on the pack­aging. Labeling is not required, nor is a transport document or a transport category in accordance with 1.1.3.6.3 ADR.

2nd option for WEEE: For waste cells/batteries in waste electrical and electronic equipment (WEEE), regardless of their lithium metal content or their nominal energy or their weight, carriage is in accordance with special provision 670 b) ADR/RID/ADN. A test summary in accordance with 2.2.9.1.7 g) ADR/RID/ADN is not required and only the marking “LITHIUM BATTERIES FOR RECYCLING” is required on the packaging. There are no requirements for labeling, a transport document or a transport category.

3rd option: For waste cells/batteries, regardless of their lithium metal content or their nominal energy or weight, on their own or in equipment, transport shall be in accordance with special provision 377 of the ADR/RID/ADN/IMDG Code. The test summary according to paragraph 2.2.9.1.7 g) ADR/RID/ADN / subsection 2.9.4.7 IMDG Code is not required. For the packaging this means:

• Marking: e.g. “UN 3480 LITHIUM BATTERIES FOR RECYCLIING”.
• Labeling: Hazard label no. 9A.
• Transport document: e.g. “UN 3480 WASTE LITHIUM-ION BATTERIES, 9, (E)”, transport category according to paragraph 1.1.3.6.3 ADR: 2 = 333 kg.

Second case, in land and sea transport

A damage/defect to a cell/battery has the following consequences: Transportation in accordance with Special Provisions (SV) 188 and 377 ADR/RID/ADN/ IMDG Code is not (or no longer) possible.

Non-critical (2.1)

There are two options for a waste lithium cell/battery that is damaged/defective but not critical within the meaning of special provision 376 ADR/RID/ADN/IMDG Code.

Carriage is either  

• in accordance with special provision 636 or 670 b) ADR/RID/ADN. The test summary according to 2.2.9.1.7 g) ADR/RID/ADN is not required. The packaging must be marked: “LITHIUM BATTERIES FOR RECYCLING”, no further labeling is required, nor is the requirement for a transport document or the naming of a transport category. Or
• in accordance with special provision 376 ADR/RID/ADN/IMDG Code. A test summary is not required.

For the ADR, transport category “2” = 333 kg per transport unit applies. For the packaging this means: 

• Labeling: e.g. “UN 3480 DAMAGED/ DEFECTIVE LITHIUM-ION BATTERIES”.
• Labeling: Hazard label no. 9A.
• Transport document: e.g. “UN 3480 [WASTE] LITHIUM-ION BATTERIES, 9, (E), CARRIAGE ACCORDING TO SPECIAL RULE 376”.
• Transport category (1.1.3.6.3 ADR): 2 = 333 kg.

Critical (2.2)

There are also two options for a waste lithium cell/battery that is critically damaged/defective within the meaning of special provision 376 ADR/RID/ ADN/IMDG Code.

Carriage is either

• in accordance with special provision 636 or 670 b) ADR/RID/ADN. A test summary is not required. Or
• carriage is in accordance with special provision 376 ADR/RID/ADN/IMDG Code. A test summary is not required.

For the packaging this means:

• Labeling: e.g. “UN 3480 DAMAGED/ DEFECTIVE LITHIUM-ION BATTERIES”.
• Labeling: Danger label No. 9A.
• Transport document: e.g. “UN 3480 [WASTE] LITHIUM-ION BATTERIES, 9, (E), CARRIAGE ACCORDING TO SPECIAL PROVISION, TRANSPORT CATEGORY 0”.

Communication from 2025

At the beginning of the year 2025, the important information “TRANSPORT CATEGORY 0” must be communicated in the information chain between the consignor‘s client, the consignor, the carrier, and the driver (new special provision 677 ADR 2025). This makes it possible to identify subcategories 2.1 and 2.2 for the first time. Examples:

• „UN 3480 [WASTE] LITHIUM-ION BATTERIES, 9, (E), TRANSPORT UNDER SPECIAL PROVISION 376“ = sub-category 2.1.
• “UN 3480 [WASTE] LITHIUM-ION BATTERIES, 9, (E), TRANSPORT UNDER SPECIAL PROVISION 376, TRANSPORT  CATEGORY 0” = sub-category 2.2.

Plastic drums

Plastic drums with removable head (1H2) according to packing instruction P 909 (1) a) ADR do not necessarily have to have been tested with cells/batteries according to 6.1.5.2.1 ADR by 31.12.2025 (explained for Germany in sections 4-3 and 6-1 of the RSEB – Dangerous Goods Implementation Guidelines). However, they are subject to the general restriction on the period of use of subsec-tion 4.1.1.15 ADR (= five years).

Waste lithium batteries and waste electrical and electronic equipment with lithium batteries (WEEE) may not be used in accordance with

• ADR (there special provisions 377 in conjunction with packing instruction P 909 (one packing instruction)). Packaging instruction P 909 (there is no regulation comparable to packaging in­structions P 903 (3) and (5) and P 910 (1) and (3) for waste lithium batteries and waste electrical and electronic equipment containing lithium batteries), SV 636 and 670 b))
• EU Battery Ordinance (there Art. 70 (3))
• Electrical and Electronic Equipment Act (§ 14 (2))

may not be collected and transported in the same packaging (separate collection and transportation is mandatory)

Large packaging is not intended for waste lithium batteries or WEEE with lithium batteries. There are no packaging instructions for this. However, as the packaging may exceed a net mass of 400 kilograms in accordance with packaging instruction P 909 (3) and (4) – non-UN-approved packaging – this is not a problem.

Exemption 20 of the Dangerous Goods Exemption Ordi-nance (GGAV) does not contain any applicable regulations for used lithium batteries or WEEE with lithium batteries.

Waste in air transport

The UN numbers

• 3090 WASTE and UN 3480 WASTE are subject to the special provision A183 IATA-DGR: The transport requires the ap-proval of the competent authority of the country of departure and the air carrier,
• 3091 WASTE and UN 3481 WASTE are permitted for transport.

However, the respective transport release is only possible subject to the reservation of the airline.

Waste regulations: Disposal within Germany

Single-variety waste lithium batteries are still not hazardous waste and, depending on their origin, can be assigned to the code 200134 or 160605. Waste documentation is not required. This will change as follows from 2026: Waste lithium batteries will become hazardous waste and must be assigned to waste code 200143 or 160607 depending on their origin. Waste documentation is required in Germany in accordance with § 16b NachwV.

Commercial collection and transportation must be reported. The motor vehicle must be marked with A plates, regardless of the quantity transported.

Waste regulations: cross-border disposal

Pure lithium waste batteries are not hazardous waste and – depending on their origin – are assigned to the code 200134 or 160605, as well as the code B1090. This will change as follows from 2026: Waste lithium batteries will become hazardous waste and must be assigned to waste code 200143 or 160607 depending on their origin.

Waste documentation is required as follows:

• Transportation for recovery: Shipment form
• Disposal: Notification and movement document

The commercial collection and transportation must be reported. A similar regulation is known from 16 other countries in Europe. The commercially collecting and transporting vehicle must be marked with A plates, regardless of the quantity transported.

WEEE: Disposal within Germany

Waste electrical and electronic equipment (WEEE) with lithium batteries is hazardous waste (not because of the lithium batteries it contains, but because of other hazardous components that are usually present) and – depending on its origin – must be assigned to the code 200135 or 160213. This will not change in 2026.

The documents in accordance with § 16b of the Ordinance on Waste Recovery and Disposal Records (Nachweisverordnung) must be carried as documentation under waste legislation and the commercial collection and transportation must be report-ed. The motor vehicle used for this purpose must be marked with A plates, regardless of the quantity transported.

WEEE: Transboundary disposal

WEEE containing lithium batteries is hazardous waste (not because of the lithium batteries it contains, but because of other hazardous components that are usually present) and – depending on its origin – must be assigned to the code 200135 or 160213 and the code A1181.

A notification form and an accompanying form are required as documentation under waste legislation. Commercial collection and transportation must be reported. A similar regulation is known from 16 other countries in Europe. The commercially collecting and transporting vehicle must be marked with A plates, regardless of the quantity transported.

Monitoring

The Federal Office for Logistics and Mobility (BALM) and the police forces of the federal states are responsible for monitoring compliance with the regulations for the transportation of hazardous goods and waste by road.

Immission control law: Handling and storage

Anybody who handles hazardous waste, in this case WEEE with lithium batteries, in a facility, for example unloading it from a motor vehicle and then reloading it onto a motor vehicle, with a facility capacity of more than one ton per day or stores it with a total facility capacity of more than 30 tons, requires a permit in accordance with the Federal Immission Control Act.

The need to obtain a permit for handling under immission control legislation and the associated costs prevent many freight forwarders from participating in WEEE logistics.

When it should not be waste

A special case is the cross-border transportation of used WEEE with lithium batteries

• for sale and subsequent direct reuse or
• for repair under warranty, for overhaul, for repair or for root cause analysis.

This is not a matter of “recovery” under waste legislation, let alone “disposal” under waste legislation (NOT waste, keyword “circular economy”); in this case, the lithium batteries in the devices are not exempt from the obligation to summarize testing, which causes problems for the industry concerned.

Currently there is no special regulation, similar to the special regulations 377 or 670 b) ADR, for old appliances (waste). Proof of non-waste status is required:

• For transportation for sale and direct reuse, the form in accordance with Annex II of the „Technical Guidelines on transboundary movements of electrical and electronic waste and used electrical and electronic equipment, in particular regarding the distinction between waste and non-waste under the Basel Convention“, or Annex 3 of the Anlaufstellen-Leit-linien Nr. 1 = Anlage 6 ElektroG.
• The form in accordance with Annex III of the „Technical guidelines on transboundary movements of electrical and electronic waste and used electrical and electronic equipment, in particular regarding the distinction between waste and non-waste under the Basel Convention“, or Annex 4 of the Contact Point Guidelines No. 1 = Annex 6 ElektroG, for maintenance under warranty, for overhaul, for repair or for root cause analysis.

If these documents are not present during transportation, the legislator assumes that the transported goods are waste, which the owner can and must disprove in order to avoid criminal prosecution; under dangerous goods law, such transportation by road is subject to the conditions of either Special Provision 188 ADR or the packing instructions P 903 or LP 903 ADR.

Sodium-ion batteries

For sodium-ion batteries, which since the beginning of 2025 for the first time have been provided with corresponding UN numbers in the transport regulations, the information provided in this article for lithium batteries applies accordingly. For sodium-ion batteries – depending on their origin – the waste code 200143 or 160612, depending on their origin.

Conclusion

Collection, handling, (interim) storage and transportation are unavoidable logistical activities for waste lithium batteries and waste electrical and electronic equipment with lithium batteries on the way from waste producer to waste disposer, with enough pitfalls to step into.

The 2021 coalition agreement states: “We are establishing an incentive system to dispose of certain electrical appliances and hazardous lithium-ion batteries in an environmentally friendly manner and feed them into the circular economy.” This incentive system was not yet in place halfway through the coalition.

Dr. Norbert Müller
publicly certified and sworn expert for
the transport and storage of dangerous goods, Duisburg

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