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BIR Warns Conflicting E-Waste Rules Are Disrupting Global Recycling Trade
Inconsistent national waste classifications are creating obstacles for international electronics recycling and critical mineral recovery, industry experts warned at the BIR World Recycling Convention in Malaga. Lithium-ion battery black mass and restrictions on recovered material exports were among the central concerns.
By Paul Ploumis
Published: November 2, 2026
Key Points
- Global trade: Different national waste classifications complicate cross-border shipments of recovered electronic materials.
- Black mass: India considers it hazardous waste, while China and South Korea may recognize qualifying material as non-waste.
- U.S. restrictions: Certain black mass and recovered tungsten exports require licensing.
- Industry concern: BIR speakers called for clearer and more consistent regulations that reflect modern recycling practices.
MONTREAL (Scrap Monster): Inconsistent international waste classifications are emerging as a significant barrier to global electronics recycling, even as demand for recovered critical minerals continues to grow, according to discussions at the Bureau of International Recycling (BIR) World Recycling Convention in Malaga, Spain.
The issue was examined during the October 26, 2026 Electronics Committee plenary, chaired by Josephita Harry of Pan American Zinc. Speakers highlighted how differing national regulations affect shipments of recyclable materials, particularly black mass recovered from lithium-ion batteries.
ScrapMonster Edge: The Same Recovered Material Can Face Different Trade Rules
Black mass illustrates a significant challenge for international recyclers: a material's regulatory classification can change depending on the country receiving or shipping it. That distinction can determine whether a shipment requires additional approvals or can move through established recycling supply chains.
Countries with substantial refining capacity may apply different classifications from those seeking to retain recovered critical minerals for domestic processing, as BIR speakers explained.
Industry takeaway: Recyclers trading black mass need to consider material specifications, origin, destination and applicable licensing requirements before shipment. Commercial value alone does not determine whether a recovered material is legally classified as waste.
Black Mass Classifications Differ Across Countries
Aaron Goldberg of U.S. environmental law firm Beveridge & Diamond explained that countries apply different interpretations when determining whether lithium-ion battery black mass is hazardous waste.
According to BIR's account of his presentation, India classifies black mass as hazardous waste, while China and South Korea may consider material meeting specified requirements to be non-waste.
Goldberg said these differences can reflect national refining capacity and strategic priorities, creating additional complexity for recyclers shipping recovered battery materials between countries.
U.S. Export Licensing Adds Another Challenge
Goldberg also highlighted U.S. Department of Commerce licensing restrictions affecting certain black mass and recovered tungsten exports.
The restrictions apply to specified product classifications, making accurate identification and documentation important for affected exporters.
These requirements add to the broader challenge of navigating different national rules governing the international movement of recovered critical materials.
Recycling Industry Calls for Clearer Regulations
Speakers emphasized that existing regulatory frameworks have not always kept pace with changes in electronics recycling technologies and recovered material streams.
They called for clearer classification requirements and more consistent interpretations to reduce unnecessary shipment disruptions while maintaining appropriate environmental safeguards.
As demand for recovered critical minerals increases, greater regulatory clarity will remain important to maintaining access to international recycling and refining markets.
Source: Bureau of International Recycling, Electronics Committee plenary, Malaga, October 26, 2026.
