EU classifies black mass as hazardous waste in updated list

The European Commission has amended the European List of Waste to classify black mass from battery recycling as hazardous waste, introducing new waste codes for battery-related materials. The change, confirmed on 5 March, will restrict exports to non-OECD countries and help retain critical battery materials in the EU’s circular economy.

Black mass, the shredded battery waste that contains valuable critical raw materials including lithium, cobalt, and nickel, will now be subject to stricter controls for shipments within and outside the EU. The classification follows the adoption of the Commission Delegated Decision amending Decision 2000/532/EC which updates waste codes for battery materials.

Jessika Roswall, Commissioner for Environment, Water Resilience and a Competitive Circular Economy, said: “To better protect the environment, the Commission will now classify black mass from batteries as hazardous waste. This will lead to better control of black mass shipments and especially a ban on its export to non-OECD countries. By keeping black mass longer in the economy we can boost battery recycling and our circular economy.”

The update introduces specific waste codes for different stages of the batteries’ life cycle, including waste from battery manufacturing, post-consumer batteries, and intermediate fractions from battery recycling. In addition to black mass, lithium-based, nickel-based, zinc-based, sodium sulphur, and alkaline waste batteries will all now be classified as hazardous.

Security of rare earth materials

The decision directly supports the objectives of the EU Battery Regulation by aiming to improve security of supply for raw materials. Batteries play a key role in the EU’s strategy to achieve net-zero emissions by 2050.

According to the Commission, the changes will ensure proper management of waste batteries and improve the identification, monitoring, and traceability of different waste streams. The revised list provides clarity about hazardous status, enabling appropriate sorting and reporting of battery waste.

The classification decision builds on technical and scientific evidence. The Joint Research Centre (JRC) prepared a report titled “Technical recommendations for the targeted amendment of the European List of Waste entries relevant to batteries” with stakeholder input, which formed the basis for the new classification system.

Under international law through the Basel Convention and the EU’s Waste Shipments Regulation, the hazardous classification will prohibit exports of black mass from the EU to non-OECD countries, ensuring these materials remain available for European recycling facilities.

Implementation timeline

The amendment to the List of Waste will enter into force 20 days after publication in the Official Journal of the EU, assuming no objections from the European Parliament or Council within the two-month scrutiny period. However, actual application of the new codes will not take effect until 18 months after this date, giving industry and authorities time to adapt.

During this transition period, waste operators may need to modify their management procedures to adapt to more stringent provisions when handling and shipping hazardous waste within the EU and to OECD countries. Permit procedures and related documentation will also need updating to implement the new codes.

The classification of alkaline batteries has been updated based on current scientific knowledge, with all alkaline batteries now classified as hazardous waste. This replaces the previous assessment made in the early 1990s and takes into account the concentration of relevant substances in batteries and their hazardous classification according to current EU regulations.

The decision also introduces a new hazardous waste code specifically for lithium-based batteries in separately collected municipal waste to contribute to their safe and effective management, addressing explosion and fire hazards associated with these batteries.