In updates to the EU List of Waste, the European Commission classified "black mass" from batteries as hazardous waste. The new classification of this intermediate fraction from the treatment of waste batteries was one of a number of amendments included in a Delegated Decision adopted last Wednesday.
The change, which is still subject to scrutiny by the European Parliament and the EU member states, will have far-reaching consequences for the recycling industry – especially for cross-border shipments of black mass. The reclassification will result in a prohibition of exports for recovery to non-OECD countries, while shipments within the EU and to other OECD countries will be subject to the prior notification and consent procedure.
The Commission's aim in revising the EU List of Waste (LoW) was to respond to emerging battery chemistries and to changing manufacturing and recycling processes, in order to ensure that battery waste is managed in an environmentally sound manner. The amendments are intended to "improve the identification, monitoring and traceability of the different waste streams", the Commission wrote in the explanatory memorandum that accompanies the Delegated Decisions.
The Commission was, however, also motivated by the desire to specifically ensure that black mass remains in the European economy, because access to the intermediate product is "essential to ensure electric vehicle battery recycling". Accordingly, the Decision was adopted together with the Action Plan for the automotive industry, which includes €1.8bn in funding for "a secure and competitive supply chain for battery raw materials". Together, the Decision and the Action Plan are to "pave the way for a more sustainable and innovative automotive sector"....
