BIR is closely monitoring the European Commission’s decision to move from a previously announced aluminum-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 May 21, 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 authorized 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 authorized to import non-hazardous waste from the EU is due to be established by November 21, 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, BIR believes 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 aluminum 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 authorized to receive specific waste imports from the EU, due by November 21, 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 nonferrous metals statistics, focusing on trade and availability of nonferrous 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.
Published September 2026
