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Important BIR Member Update: European Commission publishes draft list of non-OECD countries authorised to receive certain non-hazardous waste from the EU

On 18 September 2026, the European Commission published a draft delegated act proposing the list of non-OECD countries that may be authorised to receive specified non-hazardous waste from the EU for recovery under the revised Waste Shipment Regulation (Regulation (EU) 2024/1157) (WSR).

This development is of direct importance to companies exporting recycled materials from the EU, as well as to businesses receiving these materials in non-OECD countries.

 

What does it mean?

Following its assessment of requests from 32 non-OECD countries and territories, the European Commission has published a draft list (download Draft delegated regulation) specifying which destinations and non-hazardous waste streams are proposed for authorisation based on environmentally sound management requirements. From 21 May 2027, the revised WSR prohibits exports covered by this authorisation system unless the destination and waste stream are included in the applicable authorised list.

Important: You have now a four-week public consultation window where all stakeholders can send comments regarding the proposed list and the waste streams authorised for each country. This window closes on 16 October 2026 (please read further below under ‘What should your next step be’).

 

Exports will only be authorised where:

  • the country has formally requested to receive the specific waste or mixtures concerned;
  • the European Commission has concluded that the country meets the Regulation’s requirements for environmentally sound management;
  • the destination country is included in the European Commission’s list of authorised countries under Article 41 of the Regulation, and only for specific waste streams for which the country has demonstrated environmentally sound management, with standards considered equivalent to the relevant EU environmental, health and climate protection requirements. The European Commission assessed these conditions under Articles 42 and 43 and Annex VIII.
  • the waste is covered by the codes and descriptions expressly listed for that destination in the applicable Annex. Waste streams not listed for that country would not be authorised under this system from 21 May 2027.
 

What countries and territories are not / or only partially covered for metals?

Across all 32 requests reviewed as part of the European Commission’s assessment:

  • 24 countries and territories applied to import ferrous and/or non-ferrous metal wastes
  • 16 will no longer be able to import metal waste, however they are proposed for authorisation to import other waste streams: Bangladesh, Bosnia and Herzegovina, Egypt, Georgia, India, Indonesia, Malaysia, Morocco, Oman, Pakistan, Saudi Arabia, Sri Lanka, Taiwan, Thailand, Tunisia, Vietnam.
  • 5 are proposed for authorisation to receive certain metal waste streams: Moldova, Montenegro, North Macedonia, Serbia and Ukraine.
  • 3 metal applicants are omitted entirely: Hong Kong, Kazakhstan and Togo.
  • 7 are excluded entirely (the three mentioned above, plus): El Salvador, Lao PDR, Nigeria, and Singapore.

The detailed draft assessment of each applicant country and territory can be accessed here.

Important to note: the European Commission does not give a country a blanket authorisation. It can authorise a country only for particular waste streams. This is why, for example, India can be listed for several waste streams (e.g. paper, wood, rubber, textiles, etc.) while not authorised to import ferrous and non-ferrous metals under currently proposed draft.

Important to note: For metals, the European Commission applies particular scrutiny. Ferrous and non-ferrous metal waste can only be authorised where the applicant demonstrates appropriate safeguards for issues such as air emissions, adequate pollution controls, permitting, treatment processes and management of residues.

Reminder: Plastic waste and e-waste were excluded from this authorisation exercise, as EU exports of these waste streams to non-OECD countries are subject to separate prohibitions under the Waste Shipment Regulation. Requests concerning these streams were therefore not assessed for inclusion in the proposed list.

 

How can you engage?

As part of the feedback collection, the European Commission has opened a four-week public consultation on the draft Delegated Act from 18 September to 16 October 2026.

The feedback received will be considered by the European Commission and may be used to amend the final list of non-OECD countries authorised to receive non-hazardous waste under the Delegated Act before its adoption.

Under the Regulation, the first list is to be adopted by 21 November 2026, unless no country has submitted a request or no applicant country meets the relevant requirements. The list must subsequently be updated regularly and at least every two years.

Once adopted by the European Commission, the Delegated Act will be notified to the European Parliament and the Council. Either institution may object within a period of two months, which may be extended by a further two months. The act can enter into force only if neither institution objects, or if both institutions indicate before the deadline that they will not object. 

 

What should your next step be?

BIR strongly encourages its Members to review the draft list and assess its potential impact on their operations, in particular:

 

BIR’s actions and next steps

  • Prepare a consolidated industry response during the public consultation, welcoming practical examples and supporting evidence of potential disruption to recycling supply chains, including evidence demonstrating the environmentally sound recovery of specific waste streams. We would welcome your input by 9 October 2026, with contributions sent to Alexandra Vartan at: avartan@bir.org.  
  • Send letters and engage with the diplomatic missions of countries that have submitted applications to continue receiving non-hazardous waste from the EU beyond May 2027 but are not included in the draft list of destinations authorised to import metal waste streams.
  • Finalise and publish the White Paper on the negative impacts of trade barriers on supply chains and the availability of recycled materials, drawing on global case studies.
  • Coordinate and cooperate closely with Recycling Europe on joint actions to support the industry.
  • Continue 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.
 

How to navigate the consultation documents?

  • Draft Delegated Regulation: the proposed rules and legal basis for establishing the list of authorised non-OECD destinations.
  • Annex to the Delegated Regulation: the proposed list of countries and permitted waste streams, including waste codes/descriptions and whether prior notification and consent applies.
  • Staff Working Document (SWD): the detailed assessment of each applicant country, explaining how the Commission evaluated the information submitted and reached its conclusions.