I. INTRODUCTION
The uncontrolled release of end-of-life waste into the environment, particularly in waste types containing hazardous components, poses serious environmental and public threats by causing soil, water, and air pollution. Accordingly, waste management activities must be conducted in full compliance with specific environmental criteria and technical standards at every stage, including source separation, temporary storage, transportation, recovery, and disposal of waste.
In Türkiye, waste management is regulated under the Waste Management Regulation (the "Waste Regulation"), which was issued based on the Environment Law No. 2872 (the "Environment Law") and published in the Official Gazette dated 02/04/2015 and numbered 29314. The Waste Regulation is aligned with the European Union's Waste Framework Directive No. 2008/98/AT and aims to prevent and reduce waste generation while ensuring that waste is managed in a manner that does not harm the environment. Provisions specifically governing batteries and accumulators are set forth in the Regulation on the Control of Waste Batteries and Accumulators (the "Waste Battery Regulation"), published in the Official Gazette dated 31/08/2004 and numbered 25569. Additionally, pursuant to the Basel Convention (the "Basel Convention"), to which the Republic of Türkiye became a party on 22/06/1994, the Republic of Türkiye is obligated to notify information regarding wastes classified as hazardous under its national legislation and to control the transboundary movements of such wastes. In this context, the management of waste batteries is subject not only to domestic legal norms but also to the binding provisions of international environmental law.
Accordingly, this article will examine the disposal of end-of-life batteries that are used to store energy by chemical reaction to the extent that they are covered under the Waste Battery Regulation and the Waste Regulation.
II. FUNDAMENTAL PRINCIPLES
1. What Are the Main Principles Regarding the Control and Management of Waste Batteries?
The management of waste batteries encompasses environmental and administrative obligations throughout the stages of production, collection, transportation, temporary storage, recovery, and final disposal. It is essential that these processes are carried out in accordance with the following regulations:
- Real and legal persons including those operating in free zones, who will carry out the disposal methods and recovery processes defined in the Waste Regulation, are required to obtain an environmental permit and license or a temporary activity certificate from the Ministry of Environment and Urbanization of the Republic of Türkiye (the "Ministry") or the relevant Provincial Directorate of Environment and Urbanization (the "Provincial Directorate") due to the presence of chemical contents in their processes. Facilities engaged in the collection and separation of non-hazardous waste are obliged to obtain authorization from the Provincial Directorate.
- The transportation of waste types that are subject to licensing under the Waste Regulation may only be carried out using vehicles that have obtained a transportation license. Even in cases where no licensing requirement applies, waste must still be transported in sealed and enclosed vehicles in a manner that prevents environmental harm.
- The collection, transportation, temporary storage, or disposal of waste batteries may only be carried out by authorized persons and entities. These operations may not be conducted by other third parties.
- It is not possible to store waste batteries together with household waste, to discharge them into the sewage system, to release them directly into the environment, to store or dispose of them, or to subject them to any form of incineration.
- Waste batteries may be recovered at the place of production, provided that the conditions set out in the Waste Regulation are met. In this regard, real or legal people that recover their own waste batteries at the point of production may apply to the Ministry to request an exemption from the environmental licensing requirement. The sole exception to this provision concerns "on-site energy recovery", including cases where non-recyclable waste materials are converted into heat, electricity, or fuel through methods such as incineration, gasification, anaerobic digestion, or landfill gas recovery, which are not eligible for such exemption.
- Except for activities carried out in waste battery processing facilities and physical, chemical, or biological pre-treatment operations, it is not permissible to directly mix or dilute waste batteries with other substances or wastes.
- Discharging waste batteries into the sewage system, releasing them into the atmosphere, or incinerating them under inappropriate conditions is strictly prohibited.
- All real and legal people involved in the management of waste batteries classified as hazardous waste are jointly and severally liable for any environmental damage that may arise. If those responsible for the management of such waste batteries fail to take the necessary measures to prevent, mitigate, or remedy the damage, or if such measures are undertaken directly by the competent authorities, the expenses incurred or to be incurred by public institutions shall be recovered from the responsible parties pursuant to the provisions of Law No. 6183 on the Procedure for the Collection of Public Receivables.
2. What Are the Obligations of Recovery Facility Operators?
Recovery of waste batteries is carried out by subjecting them to physical and/or chemical processes to obtain raw materials or usable products. In order for recovery activities to be conducted in line with environmental sustainability principles, facilities performing these operations are required to fulfill specific legal obligations.
First and foremost, such facilities must obtain an environmental license from the Ministry prior to commencing operations. Throughout their operational period, all transactions related to waste management must be duly recorded, and these records must be retained at the facility for a minimum of 3 (three) years. Each January, a general operational plan for the facility must be prepared and submitted to the relevant governorate. Before processing, it must be verified that waste batteries received by the facility conform to the description provided in the National Waste Transport Form; only batteries meeting this requirement may be subjected to recovery procedures. Waste batteries brought in with documents not approved by temporary storage facilities established by battery producers or by entities authorized by them may not be accepted by the recovery facility. Furthermore, the annual operational report of the relevant temporary storage facility must be submitted to the governorate, and separate operational plans must be prepared for each functional section of the recovery facility. These plans are also expected to be implemented in practice.
Operators of recovery facilities should give particular importance to ensuring the safety of their personnel, particularly those working in high-risk areas. This includes conducting regular health examinations at 6 (six) month intervals, preventing unauthorized access to restricted areas, and implementing all necessary safety measures.
Addition, an emergency response plan must be prepared for potential emergencies, personnel trained in accordance with this plan must be assigned, and the Provincial Directorate must be immediately notified in the event of any incident. In any case, it is essential that recovery facility operators complete the procedures and fulfill the requirements to be determined by the Ministry in connection with the operation of the facility.
3. What Are the Required Conditions for the Temporary Storage of Waste Batteries?
The temporary storage of waste batteries is intended to create a safe waste management process by allowing such waste to be retained under controlled conditions for a limited period prior to direct disposal. This method ensures that waste batteries are temporarily kept in safe, traceable, and manageable conditions without posing environmental risks, until they are ultimately disposed of, recovered, or transported.
Stored waste batteries must be clearly labeled with tags indicating their contents. These labels must specify the type of waste, its code, quantity, and the date of acceptance. Waste types that may be subject to chemical reactions must be stored separately by category, and waste batteries with leakage risks must be kept in acid-resistant, leak-proof specialized containers.
With respect to storage capacity and frequency, facilities generating more than 1.000 (thousand) kg of hazardous waste per month are required to obtain a temporary storage permit from the relevant Provincial Directorate. Producers below this threshold are exempt from this obligation. Nonetheless, in both cases, waste batteries must be stored in full compliance with the rules governing temporary storage.
In terms of containers used for the storage of waste batteries, these should be corrosion-resistance, leak-proof, and have a minimum capacity of 4 (four) m³. The phrase "Temporary Waste Battery Storage" should be displayed on both sides.
4. What Are the Time Limitations on the Temporary Storage of Waste Batteries?
In terms of duration, a dual classification applies to the temporary storage of waste batteries depending on whether they are considered "hazardous waste." Within this scope, lead-acid batteries, nickel-cadmium batteries, mercury-containing batteries, and electrolytes collected separately from batteries are classified as "hazardous waste" and may be stored temporarily for a maximum period of 6 (six) months. By contrast, the majority of alkaline batteries and other types of batteries, which are classified as non-hazardous waste, may be stored temporarily for up to 1 (one) year.
5. How Does the Quota Implementation Procedure for Waste Batteries Operate?
The quota system is a regulatory mechanism introduced to ensure that batteries placed on the market by producers are managed in an environmentally sound manner once they become waste. In this regard, battery producers are obligated to collect, arrange for the collection of, and properly dispose of waste batteries within quotas determined based on the quantity of batteries they released to the market in the previous year. These responsibilities are defined according to the specific category in which the batteries are classified under the Waste Battery Regulation, with distinct quota ratios applied for each category. The ratios increase progressively from the first year and continue at new levels set by the Ministry as of the 5th (fifth) year.
Compliance with the quota system begins with the submission of the relevant application form to the Ministry by the end of January each year. As part of the application process, producers are required to provide the Ministry with detailed documentation regarding production and sales volumes, the types of batteries placed on the market, and their waste battery management procedures. If the Ministry finds the submitted information sufficient, it grants the producer a yearly quota compliance authorization. However, failure to meet the application deadline does not exempt producers from the obligation to fulfill their assigned quota ratios.
Producers who fail to meet their quota target must, in the following year, collect not only the standard quota amount but also an additional 10% (ten percent) of the shortfall. If this increased collection target is also not met, the mandatory deposit system is triggered, and administrative sanctions shall be imposed on producer pursuant to relevant provisions of the Environment Law.
6. Is There a Mandatory Insurance Requirement for Battery Recovery?
A mandatory insurance requirement applies in the context of batteries. Regardless of quantity, all persons or entities engaged in the recovery, disposal, or temporary storage of waste batteries are obliged to obtain hazardous waste liability insurance to cover potential damages to third parties. No permit or license may be granted to any person or entity lacking such insurance coverage. Moreover, failure to fulfill this obligation may result in the imposition of administrative fines in accordance with the relevant provisions of the Environment Law.
However, under the Communiqué on the Tariff and Instructions for Mandatory Liability Insurance for Hazardous Materials, published in the Official Gazette dated 09/05/2010 and numbered 27576, persons or entities holding an insurance policy that covers hazardous waste are not required to obtain a separate hazardous waste liability insurance policy.
7. Are Battery Producers Subject to Extended Producer Responsibility?
Extended producer responsibility is an environmental management principle under which producers are held accountable not only for the production and use phases of a product, but also for the post-consumer waste management process.
Battery producers are required to take measures starting from the design stage to minimize waste generation, to organize the collection, recovery, and disposal of waste products, and to bear the associated costs. This obligation is fulfilled through meeting collection targets and implementing the procedures determined by the Ministry. Additionally, during the production process, substances that meet certain technical, environmental, and economic criteria may be classified as "by-products." Such materials are not considered waste but are treated as substitute inputs that can be directly used in other production processes.
Another significant aspect of extended producer responsibility for battery producers is preparation for re-use. Preparation for re-use refers to the process of restoring waste products to a usable condition, consistent with their original purpose, through physical operations only. This activity may only be carried out at waste processing facilities holding an environmental license. It is not permissible for real or legal people providing maintenance or repair services, such as workshops or service centers, to conduct preparation-for-reuse operations for waste batteries.
8. What Procedures Apply to the Transboundary Movement of Waste Batteries?
When batteries become waste, their transboundary movement is subject to different procedures depending on whether they are classified as hazardous or non-hazardous. The entry of waste batteries classified as hazardous waste into the customs territory of the Republic of Türkiye, including free zones, is strictly prohibited. However, the importation of certain non-hazardous waste batteries may be permitted under control and in accordance with the rules set by the Ministry, subject to its prior opinion. As for waste batteries generated within free zones, their removal from the zone may be allowed with the approval of the Provincial Directorate, but only in cases where no appropriate waste processing facility is available or the waste batteries are not delivered to such a facility by the battery producer located in the zone.
In export and transit procedures, if waste batteries are classified as hazardous waste, they may only be exported to EU and/or OECD member countries, as well as Liechtenstein, and solely under the following conditions: (i) the absence of facilities in Türkiye with the technical capacity required for recovery or disposal, (ii) the acceptance of the shipment by the importing and transit countries, and (iii) the completion of all procedures related to the export process. In the case of non-hazardous waste batteries, export to EU and/or OECD member countries and Liechtenstein is permitted provided that the Ministry is duly notified. Exports to countries other than those listed above may only take place following approval by the competent authority of the importing country and subsequent authorization by the Ministry.
the Basel Convention, which prevails over the Waste Regulation and the Waste Battery Regulation within the hierarchy of norms, the transboundary movement of hazardous waste requires the exporting state to submit prior written notification to the competent authorities of all relevant states. The importing state must provide a written response indicating whether the shipment is approved; transport may commence only upon the importing state's written consent. In this regard, the Basel Convention also applies to the transport of waste batteries from a party to the Convention to a non-party state. In cases involving transit, the prior consent of the transit state is required; otherwise, transportation cannot begin.
9. What Sanctions Apply in Cases Where Waste Batteries Are Subject to Illegal Traffic?
Pursuant to the Basel Convention, the transboundary movement of hazardous waste and therefore of waste batteries under the following conditions is considered illegal traffic: (i) without the knowledge and consent of the relevant state, (ii) where the consent of the relevant state is obtained through fraud, misrepresentation, or deceit, (iii) in a manner that does not materially conform to the documentation, or (iv) where the disposal of the waste is carried out deliberately in violation of the Basel Convention and the general principles of international law. If illegal transport originates from the exporter or producer, the exporting state is obliged to ensure the return of the waste or its environmentally sound disposal within 30 (thirty) days from the date of notification of the violation. Similarly, in cases where the illegal activity originates from the importer or disposer, the importing state is obliged to ensure the environmentally sound disposal of the waste within the same period. In situations where no direct responsibility can be attributed to either party, the relevant states must cooperate to ensure the environmentally sound disposal of the waste as soon as possible. In addition, each party state is obliged to establish and implement the necessary national legislation to prevent and penalize illegal traffic.
III. CONCLUSION
The management of waste batteries is not merely an extension of environmental policies; it is an integrative management structure that is embedded in and strictly regulated across the processes of production, collection, temporary storage, recovery, and disposal. The functioning of this structure becomes sustainable through the fulfillment of extended producer responsibilities, the continuous supervision of recovery activities carried out by licensed actors, and the oversight of transboundary movements within the framework of international law. Although the regulatory framework in our country is in line with international standards, it is important that this framework remains practically applicable.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
