The European Commission has launched a public consultation on its “Amendment to the European List of Waste to address waste batteries and wastes from treating them”. Central to this consultation is the classification of end-of-life (EoL) batteries and black mass as hazardous waste. The last update to battery waste regulations was in 2014, but the development of battery and recycling technologies has outpaced the existing framework, which notably excludes black mass. By reclassifying these materials as hazardous waste, the EU is likely seeking to tighten control over their export.

Additions to existing regulations

At present, EoL batteries and associated materials are classified as hazardous based on the presence of harmful components like heavy metals, reactive agents, and toxic substances. The proposed amendments would broaden this classification to encompass new battery chemistries such as sodium, sulphur, and zinc-based batteries, as well as black mass and mixed hydroxide precipitate (MHP), provided they exceed specific material thresholds.

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The proposed reclassification of waste closely aligns with the EU’s Critical Raw Materials Act (CRMA), which aims to secure access to essential raw materials for the bloc. As part of this legislation, recycling and the use of secondary materials is strongly encouraged, supporting the EU’s push towards a circular economy. In parallel, the move complements the EU’s battery regulation, which mandates that lithium-ion batteries must include specific levels of recycled content by certain future deadlines.

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Restricting China’s access to European recycling materials

Under current EU law, hazardous waste can only be exported to OECD countries, effectively barring shipments to non-OECD nations such as China. The timing of this move is significant, as the global race for control over critical raw materials intensifies. By designating black mass as hazardous waste, the EU would effectively limit China’s ability to import Europe’s recycled battery materials.

China is currently facing overcapacity in its recycling sector, as there is insufficient EoL batteries, manufacturing scrap, or black mass to fulfil its demand. To overcome this, the country has been looking to import EoL batteries and black mass. While China currently prohibits the import of these materials, it is in the process of drafting new legislation to allow such imports in the future.

Jessie Xu, a recycling analyst at Rho Motion, noted that “Europe is one of the major sources of black mass for recycling markets. While Europe has increased its black mass production capacity, its refining capabilities are still at an early stage, with growth in refining capabilities is expected to lag behind the expansion of black mass production.”

Without a rapid buildout of black mass refining infrastructure, Europe may face a surplus of domestically produced black mass, or alternatively, become dependent on exporting the material for processing elsewhere.

Dependence on China will persist despite legislative efforts

Efforts to reduce reliance on China for critical materials and technology are gaining momentum. This has been seen in the recent US tariff on Chinese imports or the EU’s approval of tariffs on Chinese made BEVs.  

Yet, decoupling from China remains a complex challenge. Chinese companies continue to establish gigafactories across Europe and North America, and many local players remain dependent on Chinese technology to run their operations.

Additionally, Chinese recyclers are actively seeking to expand their presence in Europe, following in the footsteps of Chinese battery players, adding another layer of complexity to efforts to diversify global supply chains. Despite legislative initiatives and protective tariffs, China’s role in the global battery remains firmly entrenched.

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