·
European
Commission considering broader action:
The European Commission is reportedly moving away from a previously announced aluminium-specific trade measure
towards a broader regulatory instrument under the EU Waste Shipment Regulation (WSR).
·
Delegated
Act proposed: The
Commission is preparing a Delegated
Act that could further restrict or prohibit exports of recycled materials to non-OECD countries.
·
Public
consultation expected: A
public consultation is expected before adoption, with the Delegated Act
envisaged by end-2026.
·
Significant
uncertainty remains: The
exact impact cannot yet be determined because the draft Delegated Act has not
been published. Key issues will include:
o Waste streams covered.
o Non-OECD destinations affected.
o Possible exemptions/exceptions.
o Effective/application date.
o Conditions for receiving recyclable
materials.
·
The
revised EU Waste Shipment
Regulation, which entered into force in May 2024, already
introduces tighter conditions for exports of covered non-hazardous waste.
·
From 21 May 2027, exports of
such waste from the EU to non-OECD
countries for recovery will generally be prohibited unless the
destination country is specifically authorised
to receive the relevant waste stream.
·
The
European Commission is assessing whether applicant countries can manage the
relevant waste streams in an environmentally
sound manner.
·
First
authorised-country list: The
first list of non-OECD countries authorised to import non-hazardous waste from
the EU is due by 21
November 2026.
·
The
proposed measures could significantly affect international trade in recyclable materials,
particularly flows from the EU to non-OECD countries.
·
The
recycling industry is concerned that unnecessary restrictions could:
o Reduce access to international markets.
o Disrupt established recyclable-material
supply chains.
o Affect availability of recycled raw
materials.
o Create economic and environmental
consequences for recycling businesses.
·
The Bureau of International Recycling (BIR)
is therefore withholding firm conclusions until the Delegated Act is published.
·
Advocacy
for free trade: BIR
will continue lobbying for free
and fair international trade in recyclable materials and
highlighting the economic and environmental risks of unnecessary restrictions.
·
Aluminium
scrap consultation: BIR
will build on its response to the January
2026 EU consultation on aluminium scrap availability and
provide further industry evidence during the forthcoming consultation.
·
Monitoring
regulatory developments: BIR
will closely monitor both:
1.
Publication
of the Delegated Act,
and
2.
The
first list of authorised non-OECD countries due by 21 November 2026.
·
Coordination
with Recycling Europe: BIR
will work with Recycling
Europe to develop a coordinated industry response.
·
Evidence-based
advocacy: BIR
plans to strengthen its advocacy using non-ferrous-metal trade and availability
statistics, a white paper on the negative effects of trade restrictions, and a
recycling-industry manifesto.
The EU appears to be
considering a much broader
restriction on exports of recyclable materials to non-OECD countries,
rather than proceeding solely with an aluminium-specific measure. No final scope should be assumed until
the Delegated Act is published. The critical dates to watch are
end-2026 for the proposed
Delegated Act and 21
November 2026 for the first list of authorised non-OECD destinations,
while the revised WSR's new export conditions become operational from 21 May 2027.
BIR is closely monitoring the European Commission’s decision to move
from a previously announced aluminium-specific trade measure, which was due
to be published by the end of September, towards a broader waste-export
regulation instrument under the EU Waste Shipment Regulation (WSR).
According to a statement from Executive Vice-President Stéphane
Séjourné's cabinet, the European Commission is preparing a delegated act* intended
to further prohibit exports of recycled materials to non-OECD countries. A
public consultation is expected to precede adoption, which is envisaged by the
end of 2026.
BIR notes significant uncertainty remains at this stage until the
delegated act is published. The precise waste streams targeted, the
destinations covered, any proposed exceptions and the application date will
need to be assessed once the draft text becomes available. These details will
be important for understanding the implications for BIR Members and
international trade flows in recyclable materials.
As background, the revised WSR, which entered into force in May 2024,
already provides for new export conditions for covered non-hazardous waste
streams to apply from 21 May 2027. Under
this framework, exports of such waste from the EU to non-OECD countries for
recovery will be prohibited unless the destination country is authorised to
receive the relevant waste stream.
The European Commission is currently assessing applicant countries’
ability to manage these waste streams in an environmentally sound manner. The
first list of non-OECD
countries authorised to import non-hazardous waste from the EU is due to be
established by 21 November 2026.
For further background on the revised WSR and its implications for the
recycling industry, we invite members to consult our previously published BIR
Business Digest on the Waste Shipment Regulation.
BIR is working extensively on this issue, building on
the actions and advocacy undertaken to date, and is coordinating closely with
Recycling Europe to ensure a unified industry action. At this stage, we believe
it is important to await the publication of the delegated act before drawing
conclusions on its practical implications. BIR will continue to keep the wider
Membership informed of relevant developments following the publication of the
delegated act and as soon as further details become available.
BIR’s actions and next steps:
·
Continue BIR’s consistent advocacy for free
and fair trade in recyclable materials through regular bilateral and
multilateral engagement with key institutions across multiple fora,
highlighting the benefits of open international markets and the potential
environmental and economic risks of unnecessary trade restrictions.
·
Build on BIR’s response to the January 2026 EU
consultation on aluminium scrap availability by preparing further
evidence and bringing the industry’s collective concerns to the anticipated
public consultation on the delegated act, ensuring the recycling industry is
effectively consulted in the developments of relevant policies affecting
international trade flows.
·
Monitor the imminent publication of the delegated
act and the first list of non-OECD countries authorised to receive
specific waste imports from the EU, due by 21 November 2026, to assess
their implications for Members and support BIR’s advocacy for continued access
to international markets.
·
Maintain close engagement with Recycling Europe to support a
coordinated and unified industry response.
·
Further develop and leverage BIR advocacy materials, including
ongoing work on non-ferrous metals statistics, focusing on trade and
availability of non-ferrous metals; the white paper on the negative impacts of
trade restrictions; and a manifesto setting out a collective vision for the
recycling industry, among others, to support evidence-based and proportionate
policy-making.
* A delegated act is a measure adopted by the
European Commission, under powers granted by EU legislation, to supplement or
amend its non-essential elements, subject to scrutiny by the European
Parliament and the Council.