Statement
Statement on the Draft Delegated Regulation on the Green List of Wastes and Contamination Thresholds
Waste Shipment Regulation; Green List Long title, example: (Arial, 20 pt, bold) Draft Bill/Government Bill Act on the Modernization of the Grid Tariff Structure Federation of German Industries e.V.
As of: September 15, 2026
Green List on Waste Shipments
Table of Contents 1. General Remarks ...................................................................... 3 2. Define the scope of application to EU member states and avoid additional national barriers .................................................. 3 3. Definitions and Terminology.................................................... 4 4. Establishing Practical Contamination Thresholds ................ 4 5. Expanding the scope to include other strategic raw materials in the circular economy .................................................................. 5 About the BDI .................................................................................. 7 Legal Notice ..................................................................................... 7
Green List on Waste Shipments
1. General Notes The Federation of German Industries (BDI) would like to express its gratitude for the opportunity to comment on the draft delegated act. The BDI welcomes the European Commission’s goal of including certain non-hazardous wastes on the “Green List” of the EU Waste Shipment Regulation in order to facilitate easier and faster transport of these wastes within the EU for recovery purposes. Regulation (EU) 2024/1157 on the shipment of waste, as well as the planned expansion of the Green List of wastes, are key building blocks for a functioning European single market for raw materials in the circular economy. They help facilitate the cross-border movement of these raw materials and thereby promote the substitution of primary raw materials in industrial value chains. This is because only when reliable, enforceable, and practical regulations for businesses governing the transport and trade of waste for the production of circular economy raw materials are in place can these raw materials be used comprehensively across often global value chains. An efficient flow of material streams is a key prerequisite for a functioning market for circular economy raw materials, both for intra-European trade and for trade with third countries. The proposal is therefore an important step toward removing administrative barriers and advancing a genuine single market for circular economy raw materials. When assessing the environmental suitability of waste streams for recovery, it should be ensured that all suitable recycling technologies are considered in a technology-neutral manner and that the classification is not tied to the existence of already scaled-up recycling capacities. In this way, the regulation can also support the ramp-up of innovative recycling technologies and the development of future recycling infrastructure in Europe.
Federal Association of German Industry e.V.
Lobby Registry Number R000534
2. Define the Scope of Application to EU Member States and Avoid Additional National Barriers European regulations, administrative procedures, and inconsistent enforcement across Member States continue to hinder the efficient cross-border transport of raw materials for the circular economy between Member States. The now-proposed expansion of the “Green List” is therefore urgently needed to strengthen the European single market. For shipments to and from
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Green List on Waste Shipments
third countries, however, international law should continue to apply. This is also in line with the Commission’s goal of facilitating the circular flow of materials and products within the European Union without simultaneously increasing the export of valuable raw materials from the circular economy. Member States should apply the new entries uniformly and refrain from introducing additional administrative requirements that undermine the intended simplification. To this end, however, it is also imperative that the digital processes for waste shipments established in DIWASS function smoothly. It is unacceptable that crucial infrastructural and procedural elements of the system have not been fully operational since its introduction. This may cause economic harm to companies and erode confidence in the necessary digitization of the single market. Green-listed wastes should therefore not be monitored via DIWASS, as the associated restrictions and burdens are appropriate only for hazardous wastes (yellow and red lists) in accordance with the principle of proportionality. 3. Definitions and Terminology In the draft Delegated Regulation establishing criteria for the classification of certain wastes in Annex III, the term “consignment” remains inadequately defined. In particular, it is unclear at what level the proposed contamination thresholds are to be applied. It should therefore be clarified whether the specified thresholds apply to each individual transport unit or to the entire shipment, which may consist of multiple containers, vehicles, or loading units. The Commission should also clarify how the term “minimal amounts” is to be understood. Such clarification of the terms is necessary to ensure harmonized application of the regulations and to avoid differing national interpretations and control practices. The existing scope for interpretation carries the risk of differing interpretations and control practices among Member States and could thus undermine the uniform application of the regulations. 4. Establishing Practical Contamination Thresholds The introduction of contamination limits is generally welcomed, as it can contribute to greater clarity and harmonization in the classification of greenlisted wastes. At the same time, the limits should be designed in such a way that they take appropriate account of the different collection, sorting, and
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treatment structures within the EU and do not unnecessarily complicate the shipment of high-quality recovery streams. For example, the proposal for a contamination limit of 10 percent by weight for glass waste is generally viewed as a step in the right direction. At the same time, there is a view that a higher limit may be necessary to account for the varying quality of collection and processing systems across the EU and to cover as many relevant glass streams as possible. Furthermore, a distinction should be made between foreign substances not bound to the glass and components that are firmly bound to the product. A higher tolerance should be established for firmly bound components than for loose contaminants, as these must be assessed differently and do not affect the recycling process in the same way.
5. Expansion to Other Strategic Raw Materials in the Circular Economy The Delegated Regulation should be viewed as a first practical step toward removing unjustified barriers to the free movement of raw materials for the circular economy within the EU. Expanding the Green List can help remove existing administrative barriers, facilitate access to specialized recovery infrastructure within the European Union, and more efficiently link the Member States’ diverse material and energy recovery and disposal capacities. This would promote the use of existing infrastructure, expand value chains, reduce costs, and support the development of a functioning European single market for circular economy raw materials without compromising the existing high level of protection. The Commission should examine whether additional nonhazardous material streams that can be recycled in an environmentally sound manner can be included in the Green List, provided that their classification and the recycling route specified in the “ ” comply with applicable legal requirements. This applies to -
metal and magnetic waste intended for the recovery of metals, alloys, rare earth elements, or magnetic materials, which makes an important contribution to the supply of critical and strategic raw materials;
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copper-containing construction and demolition waste, particularly within the scope of BEU07, that is intended for copper recovery and should be explicitly considered as a use case due to its importance
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for the supply of strategic raw materials as well as for raw materials in the circular economy; -
Dust intended for the recovery of metals or for mineral mixtures derived from two waste streams already listed as “green,” where environmentally sound recovery is established and traceable;
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Foundry sand that replaces mined quartz sand and can prevent significant environmental impacts through cross-border recycling;
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Packaging waste, particularly plastic and wood packaging at the end of its life cycle, to enable high-quality recycling processes and closedloop material cycles across national borders;
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Reusable transport packaging and reusable systems that must be transported across borders for repair, refurbishment, or reuse;
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used electrical and electronic equipment with potential for reuse, repair, refurbishment, or the recovery of spare parts;
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non-hazardous commercial and industrial used textiles as a valuable source of raw materials for fiber-to-fiber recycling;
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wooden pallets and other wood products suitable for reuse, repair, or high-value recovery.
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About the BDI The BDI represents the interests of German industry to policymakers. In doing so, it supports companies in global competition. It maintains an extensive network in Germany and Europe, across all major markets, and within international organizations. The BDI provides political support for international market expansion. It also offers information and economic policy advice on all issues relevant to industry. The BDI is the umbrella organization for German industry and industry-related service providers. It speaks on behalf of 40 industry associations and more than 100,000 companies with approximately eight million employees. Membership is voluntary. Fifteen regional offices represent the interests of the business community at the regional level. Legal Notice Federation of German Industries (BDI) Breite Straße 29, 10178 Berlin www.bdi.eu T: +49 30 2028-0 Lobby Registry Number: R000534
Contact Dr. Claas Oehlmann Senior Manager, Circular Economy c.oehlmann@bdi.eu Susanna Minato-Torkler Project Manager, Circular Economy s.minato-torkler@ice.bdi.eu BDI Document Number: D2376
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