On 20 May, the European Commission published an update to the EU List of Waste (LoW) codes for battery-related waste in the Official Journal of the EU. The update establishes a harmonised legal framework across Europe to support implementation of the EU Batteries Regulation.. The revised and newly introduced waste codes will become legally binding from 9 November 2026, making this a critical date, particularly for companies involved in the transboundary shipment of battery waste.
The primary objective of the delegated act is to improve the identification and traceability of battery material flows. The revision reflects both changes in battery chemistry and rapid advances in battery manufacturing and recycling technologies. In addition to existing entries, a range of new waste codes will be introduced for batteries based on different chemistries such as lithium, sodium, zinc and alkaline systems. With few exceptions, these will now be classified as hazardous waste. This includes "black mass", a critical intermediate product generated during the mechanical recycling of spent batteries.
Classifying these materials as hazardous has significant implications for transboundary movement of battery waste. A key objective is to ensure that black mass remains within the EU for proper treatment and recovery, while restricting exports to non-OECD countries. This objective is clearly outlined in the rationale accompanying the delegated act.
The regulation officially enters into force on 9 June 2025, 20 days after its publication, marking the start of an 18-month transition period. Companies will need to review and update their approvals, operations, and documentation by 9 November 2026.
In related developments, the Commission also proposed extending the transition period for complying with due diligence requirements across the battery lifecycle. Companies placing batteries on the EU market would be given additional time to meet new regulations on the responsible sourcing of raw materials and supply chain transparency.
Under the EU’ Omnibus IV Package for simplifying and streamlining EU sustainability rule, the effective date for these requirements could be pushed back from 18 August 2025 to 18 August 2027. This extension is intended to ease the regulatory burden on the industry during what the Commission describes as "uncertain times".
