Activities of Maria ARENA related to 2023/0079(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulations (EU) 168/2013, (EU) 2018/858, 2018/1724 and (EU) 2019/1020
Amendments (157)
Amendment 5 #
Proposal for a regulation
Recital 1
Recital 1
(1) Access to raw materials is essential for the Union economy and the functioning of the internal market. There is a set of non-energy, non-agricultural raw materials that, due to their high economic importance and their exposure to high supply risk, often caused by a high concentration of supply from a few third countries, are considered critical. Given the key role of many such critical raw materials in realising the green and digital transitions, and in light of their use for defence and space applications, demand will increase exponentially in the coming decades. At the same time, the risk of supply disruptions is increasing against the background of rising geopolitical tensions and resource competition. Furthermore, if not managed and mitigated properly, increased demand for critical raw materials couldan lead to negative environmental, human rights, and social impacts. Considering these trends, it is necessary to take measures to ensure access to a secure and sustainable supply of critical raw materials to safeguard the Union's economic resilience and open strategic autonomy.
Amendment 13 #
Proposal for a regulation
Recital 3
Recital 3
(3) Firstly, in order to effectively ensure the Union's access to a secure and sustainable supply of critical raw materials, that framework should include measures to decrease the Union's demand, dependence and growing supply risks by strengthening Union capacities along all stages of the strategic raw materials value chain, including extraction, processing and recycling, towards benchmarks defined for each strategic raw material. Secondly, as the Union will continue to rely on imports, the framework should include measures to increase the diversification of external supplies of strategic raw materials. Thirdly, is necessary to provide measures to reinforce the Union’s ability to monitor and mitigate existing and future supply risks. Fourthly, due to the Union's commitment to a just energy transition, the framework should be implemented based on principles of access to justice and the respect and guarantee of human rights, which should include the recognition of the highest environmental standards and the strengthening of effective citizen participation mechanisms, including grievance and reparation schemes. Fifthly, the framework should contain measures to increase the circularity and sustainability of the critical raw materials consumed in the Union and should envisage cooperation strategies to promote such measures in third countries.
Amendment 25 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The General Union Environment Action Programme to 2030 (8th EAP) calls for significantly decreasing the Union’s material and consumption footprints to bring them within planetary boundaries as soon as possible and by 2050 at the latest. This framework should mitigate the expected increase in the consumption of critical raw materials compared to a baseline scenario, without compromising the achievement of the objective enshrined in the Climate Law.
Amendment 47 #
Proposal for a regulation
Recital 1
Recital 1
(1) Access to raw materials is essential for the Union economy and the functioning of the internal market. There is a set of non-energy, non-agricultural raw materials that, due to their high economic importance and their exposure to high supply risk, often caused by a high concentration of supply from a few third countries, are considered critical. Given the key role of many such critical raw materials in realising the green and digital transitions, and in light of their use for defence and space applications, demand will increase exponentially in the coming decades. At the same time, the risk of supply disruptions is increasing against the background of rising geopolitical tensions and resource competition. Furthermore, if not managed and mitigated properly, increased demand for critical raw materials couldan lead to negative environmental, human rights, and social impacts. Considering these trends, it is necessary to take measures to ensure access to a secure and sustainable supply of critical raw materials to safeguard the Union's economic resilience and open strategic autonomy.
Amendment 48 #
Proposal for a regulation
Recital 10
Recital 10
(10) In order to diversify the Union's supply of strategic raw materials, the Commission should, with the support of the Board, identify Strategic Projects in third countries that intend to become active in the extraction, processing or recycling of strategic raw materials. To ensure that such Strategic Projects are effectively implemented, they and are mutually beneficial, third countries should benefit from improved access to finance, and knowledge and technology transfer mechanisms. In order to ensure their added value, projects should be assessed against a set of criteria. Like projects in the Union, Strategic Projects in third countries should strengthen the Union's security of supply for strategic raw materials, show sufficient technical feasibility and be implemented sustainably and with full respect for human rights and the environment, based on rigorous environmental and social impact assessments, and the implementation of due-diligence principles. For projects in emerging markets and developing economies, the project should be mutually beneficial for the Union and the third country involved and add value in that country, taking into account also its consistency with human rights international law, relevant international agreements and conventions, including the Paris Agreement, and the Union’s common commercial policy. Such value may be derived from the project’s contribution to more than one stage of the value chain as well as from creating through the project wider economic and social benefits, including the creation of employment in compliance with international standards, as well as ensuring that the project does not impact other key sectors and activities. Where the Commission assesses these criteria to be fulfilled, it should publish the recognition as a Strategic Project in a decision.
Amendment 54 #
Proposal for a regulation
Recital 11
Recital 11
(11) In order to ensure the social and environmental sustainability of increased raw material production, new raw materials projects should be implemented sustainably and ensure the respect of human rights in the EU and in third countries with which projects and/or strategic partnerships are undertaken through corporate accountability mechanisms. To that end, the Strategic Projects receiving support under this Regulation should be assessed taking into account international instruments covering all aspects of sustainability highlighted in the EU principles for sustainable raw materials31 , including ensuring environmental protection, socially responsible practices, including respect for human rights such as the rights of women, and children, transparent business practices. Projects should also ensure engagement in good faith as well as comprehensive and meaningful prior consultations with local communities, including with indigenous peoples, by respecting their right to free, prior and informed consent. To provide project promoters with a clear and efficient way of complying with this criterion, criteria for compliance with relevant Union legislation, international standards, guidelines and principles or participation in a certification scheme recognised under this Regulation should be considered sufficient. should be detailed in an Annex. In order to ensure that Strategic Projects are implemented in a sustainable manner and respect human rights, a dedicated sub-group of the Board bringing together experts from the Member States and the Commission as well as relevant stakeholders should be set up to monitor and address potential shortcomings regarding these aspects. _________________ 31 European Commission, Directorate- General for Internal Market, Industry, Entrepreneurship and SMEs, EU principles for sustainable raw materials, Publications Office, 2021, https://data.europa.eu/doi/10.2873/27875
Amendment 55 #
Proposal for a regulation
Recital 3
Recital 3
(3) Firstly, in order to effectively ensure the Union's access to a secure and sustainable supply of critical raw materials, that framework should include measures to decrease the Union's demand, dependence and growing supply risks by strengthening Union capacities along all stages of the strategic raw materials value chain, including extraction, processing and recycling, towards benchmarks defined for each strategic raw material. Secondly, as the Union will continue to rely on imports, the framework should include measures to increase the diversification of external supplies of strategic raw materials. Thirdly, is necessary to provide measures to reinforce the Union’s ability to monitor and mitigate existing and future supply risks. Fourthly, due to the Union's commitment to a just energy transition, the framework should be implemented based on principles of access to justice and the respect and guarantee of human rights, which should include the recognition of the highest environmental standards and the strengthening of effective citizen participation mechanisms, including grievance and reparation schemes. Fifthly, the framework should contain measures to increase the circularity and sustainability of the critical raw materials consumed in the Union and should envisage cooperation strategies to promote such measures in third countries.
Amendment 62 #
Proposal for a regulation
Recital 12
Recital 12
(12) Any promoter of a strategic raw materials project should be able to apply to the Commission for the recognition of their project as a Strategic Project. The application should include several documents and evidence related to the criteria. To better assess the social, environmental and economic viability, the feasibility of the project as well as the level of confidence in the estimates, the project promoter should also provide a classification of the project according to the United Nations Framework Classification for Resources, and to allow for objective validation, they should support this classification with relevant evidence. A timetable for the project should also be attached to an application, in order to estimate when the project would be able to contribute towards the benchmarks for domestic capacity or for diversification. As public acceptance of mining projects is crucial for their effective implementation, the promoter should also provide a plan containing measures to facilitate public acceptanceensure public participation. Special attention should be paid to social partners, civil society and other oversight actors. The promoter should also provide a business plan providing information regarding the project’s financial viability and giving an overview of funding and off- take agreements already secured as well as estimates for potential job creation and for the project’s needs in terms of skilled workforce, including upskilling and reskilling.
Amendment 65 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The General Union Environment Action Programme to 2030 (8th EAP) calls for significantly decreasing the Union’s material and consumption footprints to bring them within planetary boundaries as soon as possible and by 2050 at the latest. This framework should mitigate the expected increase in the consumption of critical raw materials compared to a baseline scenario, without compromising the achievement of the objective enshrined in the Climate Law.
Amendment 72 #
Proposal for a regulation
Recital 10
Recital 10
(10) In order to diversify the Union's supply of strategic raw materials, the Commission should, with the support of the Board, identify Strategic Projects in third countries that intend to become active in the extraction, processing or recycling of strategic raw materials. To ensure that such Strategic Projects are effectively implemented, they and are mutually beneficial, third countries should benefit from improved access to finance, and knowledge and technology transfer mechanisms. In order to ensure their added value, projects should be assessed against a set of criteria. Like projects in the Union, Strategic Projects in third countries should strengthen the Union's security of supply for strategic raw materials, show sufficient technical feasibility and be implemented sustainably and with full respect for human rights and the environment, based on rigorous environmental and social impact assessments, and the implementation of due-diligence principles. For projects in emerging markets and developing economies, the project should be mutually beneficial for the Union and the third country involved and add value in that country, taking into account also its consistency with human rights international law, relevant international agreements and conventions, including the Paris Agreement, and the Union’s common commercial policy. Such value may be derived from the project’s contribution to more than one stage of the value chain as well as from creating through the project wider economic and social benefits, including the creation of employment in compliance with international standards, as well as ensuring that the project does not impact other key sectors and activities. Where the Commission assesses these criteria to be fulfilled, it should publish the recognition as a Strategic Project in a decision.
Amendment 75 #
Proposal for a regulation
Recital 11
Recital 11
(11) In order to ensure the social and environmental sustainability of increased raw material production, new raw materials projects should be implemented sustainably and ensure the respect of human rights in the EU and in third countries with which projects and/or strategic partnerships are undertaken through corporate accountability mechanisms. To that end, the Strategic Projects receiving support under this Regulation should be assessed taking into account international instruments covering all aspects of sustainability highlighted in the EU principles for sustainable raw materials31 , including ensuring environmental protection, socially responsible practices, including respect for human rights such as the rights of women, and children, transparent business practices. Projects should also ensure engagement in good faith as well as comprehensive and meaningful prior consultations with local communities, including with indigenous peoples, by respecting their right to free, prior and informed consent. To provide project promoters with a clear and efficient way of complying with this criterion, criteria for compliance with relevant Union legislation, international standards, guidelines and principles or participation in a certification scheme recognised under this Regulation should be considered sufficientshould be detailed in an Annex. In order to ensure that Strategic Projects are implemented in a sustainable manner and respect human rights, a dedicated sub-group of the Board bringing together experts from the Member States and the Commission as well as relevant stakeholders should be set up to monitor and address potential shortcomings regarding these aspects. _________________ 31 European Commission, Directorate- General for Internal Market, Industry, Entrepreneurship and SMEs, EU principles for sustainable raw materials, Publications Office, 2021, https://data.europa.eu/doi/10.2873/27875
Amendment 77 #
Proposal for a regulation
Recital 19
Recital 19
(19) Given their role in ensuring the Union's security of supply for strategic raw materials, and their contribution to the Union's open strategic autonomy and the green and digital transition, Strategic Projects should be considered by the responsible permitting authority as being in the public interest. Strategic Projects which have an adverse impact on the environment, to the extent it falls under the scope of Directive 2000/60/EC, Council Directive 92/43/EEC and Directive 2009/147/EC39may be authorised where the responsible permitting authority concludes, based on its case-by-case assessment, that the public interest served by the project overrides those impacts, provided that all relevant conditions set out in those Directives are met. Where relevant, the case-by-case assessment should take into account the geological specificity of extraction sites, which constrains decisions on location. In order not to be inconsistent with other Union's environmental and climate legislation, raw materials projects under the scope of this Regulation should not be located within and negatively affect protected areas designated under Union’s environmental legislation. _________________ 39 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7–25).
Amendment 80 #
Proposal for a regulation
Recital 12
Recital 12
(12) Any promoter of a strategic raw materials project should be able to apply to the Commission for the recognition of their project as a Strategic Project. The application should include several documents and evidence related to the criteria. To better assess the social, environmental and economic viability, the feasibility of the project as well as the level of confidence in the estimates, the project promoter should also provide a classification of the project according to the United Nations Framework Classification for Resources, and to allow for objective validation, they should support this classification with relevant evidence. A timetable for the project should also be attached to an application, in order to estimate when the project would be able to contribute towards the benchmarks for domestic capacity or for diversification. As public acceptance of mining projects is crucial for their effective implementation, the promoter should also provide a plan containing measures to facilitate public acceptanceensure public participation. Special attention should be paid to social partners, civil society and other oversight actors. The promoter should also provide a business plan providing information regarding the project’s financial viability and giving an overview of funding and off- take agreements already secured as well as estimates for potential job creation and for the project’s needs in terms of skilled workforce, including upskilling and reskilling.
Amendment 83 #
Proposal for a regulation
Recital 19
Recital 19
(19) Given their role in ensuring the Union's security of supply for strategic raw materials, and their contribution to the Union's open strategic autonomy and the green and digital transition, Strategic Projects should be considered by the responsible permitting authority as being in the public interest. Strategic Projects which have an adverse impact on the environment, to the extent it falls under the scope of Directive 2000/60/EC, Council Directive 92/43/EEC and Directive 2009/147/EC39 may be authorised where the responsible permitting authority concludes, based on its case-by-case assessment, that the public interest served by the project overrides those impacts, provided that all relevant conditions set out in those Directives are met. Where relevant, the case-by-case assessment should take into account the geological specificity of extraction sites, which constrains decisions on location. In order not to be inconsistent with other Union's environmental and climate legislation, raw materials projects under the scope of this Regulation should not be located within and negatively affect protected areas designated under Union’s environmental legislation. _________________ 39 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7–25).
Amendment 87 #
Proposal for a regulation
Recital 27
Recital 27
(27) A strong value chain in Europe can be built only with adequate financial means. The Commission will work with InvestEU implementing partners to seek ways to scale up support to investment in line with the common objectives set out in Regulation (EU) 2021/52341 and in this Regulation, and with the EIB eligibility, excluded activities and excluded sectors list. The InvestEU Advisory Hub can contribute to the build-up of pipeline of viable projects. _________________ 41 Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the InvestEU Programme and amending Regulation (EU) 2015/1017 (OJ 64, 26.3.2021, p. 30-89)
Amendment 94 #
Proposal for a regulation
Recital 27
Recital 27
(27) A strong value chain in Europe can be built only with adequate financial means. The Commission will work with InvestEU implementing partners to seek ways to scale up support to investment in line with the common objectives set out in Regulation (EU) 2021/52341and in this Regulation, and with the EIB eligibility, excluded activities and excluded sectors list. The InvestEU Advisory Hub can contribute to the build-up of pipeline of viable projects. _________________ 41 Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the InvestEU Programme and amending Regulation (EU) 2015/1017 (OJ 64, 26.3.2021, p. 30-89)
Amendment 96 #
Proposal for a regulation
Recital 49
Recital 49
(49) Critical raw materials sold on the Union market are often certified regarding the sustainability of their production and supply chain. Certification can be obtained in the context of a broad range of public and private certification schemes available with varying scopes and stringency, creating the potential for confusion regarding the nature and veracity of claims made about the relative sustainability of critical raw materials placed on the Union market based on such certification. The Commission should be empowered to adopt implementing acts recognising certification schemes that should be considered comprehensive and trustworthy, providing a common basis for authorities and market participants for assessing the sustainability of critical raw materials. Recognition should be given only to certification schemes that cover a broad range of sustainability aspects, including environmental protection, human rights including labour rights and business transparency, and which contain provisions for due-diligence processes, independent third party verification and monitoring of compliance. To ensure efficient procedures, promoters of projects applying to be recognised as Strategic Projects should be allowed to rely on participation in a recognised scheme to show that their project is implemented sustainably.
Amendment 100 #
Proposal for a regulation
Recital 50
Recital 50
(50) The production of critical raw materials at different stages of the value chain causes environmental impacts, whether on climate, water, fauna or flora. In order to limit such damage and incentivise the production of more sustainable critical raw materials, the Commission should be empowered to develop a system for the calculation of the environmental footprint of critical raw materials, including a verification process, to ensure that critical raw materials placed on the Union market publicly display information on such footprint. The system should be based on taking into account scientifically sound assessment methods and relevant international standards in the area of life cycle assessment. The requirement to declare the environmental footprint of a material should only apply where it has been concluded, based on a dedicated assessment, that it would contribute to the Union’s climate and environmental objectives by facilitating the procurement of critical raw materials with lower environmental footprint and would not disproportionately affect trade flows. When the relevant calculation methods have been adopted, the Commission should develop performance classes for critical raw materials, thereby allowing potential buyers to easily compare the relative environmental footprint of available materials and driving the market towards more sustainable materials. Sellers of critical raw materials should ensure that the environmental footprint declaration is available to their customers. Transparency on the relative footprint of critical raw materials placed on the Union market may also enable other policies at Union and national level, such as incentives or green public procurement criteria, fostering the production of critical raw materials with lower environmental impacts.
Amendment 107 #
Proposal for a regulation
Recital 55
Recital 55
(55) In order to support the implementation of tasks pertaining to the development of Strategic Projects and their financing, exploration programmes, monitoring capacities or strategic stocks and to advise the Commission appropriately, a European Critical Raw Materials Board should be established. The Board should be composed of Member States and of the Commission, while being able to ensure participation of other parties as observers. To develop the necessary expertise for the implementation of certain tasks, the Board should establish standing sub-groups on financing, exploration, monitoring and, strategic stocks, and sustainability that should act as a network by gathering the different relevant national authorities and, when necessary, consulting industry, academia, civil society and other relevant stakeholders. The Board’s advice and opinions should be non-binding and the absence of such an advice or opinion should not prevent the Commission from performing its tasks under this Regulation.
Amendment 115 #
Proposal for a regulation
Article 1 – paragraph 2 – point a – point iii
Article 1 – paragraph 2 – point a – point iii
(iii) Union recycling capacity, including for all intermediate recycling steps, is able to produce at least 125% of the Union's annual consumption of strategic raw materials.
Amendment 121 #
Proposal for a regulation
Article 1 – paragraph 2 – point d a (new)
Article 1 – paragraph 2 – point d a (new)
(da) move towards a just energy transition in the Union, with policies that respect due diligence, human rights and the environment, and that enable Member States to meet their international climate commitments under the Paris Agreement.
Amendment 126 #
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
4. The Commission shall take into account the objectives and benchmarks laid down in paragraph 2, point a(iii), as related Union priorities within the meaning of Article 5(4)(a)(i) of Regulation XX/XXXX [OP please insert: the Ecodesign for Sustainable Products Regulation], when preparing ecodesign requirements to improve the following product aspects: durability, reusability, reparability, resource use or resource efficiency, possibility of remanufacturing and recycling, recycled content and possibility of recovery of materials.
Amendment 128 #
Proposal for a regulation
Recital 49
Recital 49
(49) Critical raw materials sold on the Union market are often certified regarding the sustainability of their production and supply chain. Certification can be obtained in the context of a broad range of public and private certification schemes available with varying scopes and stringency, creating the potential for confusion regarding the nature and veracity of claims made about the relative sustainability of critical raw materials placed on the Union market based on such certification. The Commission should be empowered to adopt implementing acts recognising certification schemes that should be considered comprehensive and trustworthy, providing a common basis for authorities and market participants for assessing the sustainability of critical raw materials. Recognition should be given only to certification schemes that cover a broad range of sustainability aspects, including environmental protection, human rights including labour rights and business transparency, and which contain provisions for due-diligence processes, independent third party verification and monitoring of compliance. To ensure efficient procedures, promoters of projects applying to be recognised as Strategic Projects should be allowed to rely on participation in a recognised scheme to show that their project is implemented sustainably.
Amendment 131 #
Proposal for a regulation
Article 2 – paragraph 1 – point 62
Article 2 – paragraph 1 – point 62
(62) ‘Strategic Partnership’ means a reciprocal commitment between the Union and a third country to increase cooperation related to the raw materials value chain that is established through a non-binding instrument setting out concrete actions of mutual interest.
Amendment 136 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Following an application of the project promoter and in accordance with the procedure established in Article 6, the Commission shall recognise as Strategic Projects raw material projects that contributes to the objectives of this Regulation as set out in Article 1 and meet the following criteria:
Amendment 137 #
Proposal for a regulation
Recital 50
Recital 50
(50) The production of critical raw materials at different stages of the value chain causes environmental impacts, whether on climate, water, fauna or flora. In order to limit such damage and incentivise the production of more sustainable critical raw materials, the Commission should be empowered to develop a system for the calculation of the environmental footprint of critical raw materials, including a verification process, to ensure that critical raw materials placed on the Union market publicly display information on such footprint. The system should be based on taking into account scientifically sound assessment methods and relevant international standards in the area of life cycle assessment. The requirement to declare the environmental footprint of a material should only apply where it has been concluded, based on a dedicated assessment, that it would contribute to the Union’s climate and environmental objectives by facilitating the procurement of critical raw materials with lower environmental footprint and would not disproportionately affect trade flows. When the relevant calculation methods have been adopted, the Commission should develop performance classes for critical raw materials, thereby allowing potential buyers to easily compare the relative environmental footprint of available materials and driving the market towards more sustainable materials. Sellers of critical raw materials should ensure that the environmental footprint declaration is available to their customers. Transparency on the relative footprint of critical raw materials placed on the Union market may also enable other policies at Union and national level, such as incentives or green public procurement criteria, fostering the production of critical raw materials with lower environmental impacts.
Amendment 140 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) the project would be implemented sustainably by fulfilling the requirements of Annex III point 4, in particular as regards the monitoring, prevention and minimisation of social and environmental impacts, the use of socially responsible practiceand human rights violations (including respect of human and laboulabour and gender rights), quality jobs potential and meaningful engagement with local communities and relevant social partners, and the use of transparent business practices with adequatestrong compliance policies to prevent and minimise risks of adverse impacts on the proper functioning of public administration, including corruption and bribery;
Amendment 141 #
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) for projects in the Union, that the project contributes to the volumes required to achieve the self-sufficiency objectives in Article 1(2)(a) indent (i), (ii), and (iii) and that the establishment, operation or production of the project would have cross-border benefits beyond the Member State concerned, including for downstream sectors;
Amendment 143 #
Proposal for a regulation
Recital 55
Recital 55
(55) In order to support the implementation of tasks pertaining to the development of Strategic Projects and their financing, exploration programmes, monitoring capacities or strategic stocks and to advise the Commission appropriately, a European Critical Raw Materials Board should be established. The Board should be composed of Member States and of the Commission, while being able to ensure participation of other parties as observers. To develop the necessary expertise for the implementation of certain tasks, the Board should establish standing sub-groups on financing, exploration, monitoring and, strategic stocks, and sustainability that should act as a network by gathering the different relevant national authorities and, when necessary, consulting industry, academia, civil society and other relevant stakeholders. The Board’s advice and opinions should be non-binding and the absence of such an advice or opinion should not prevent the Commission from performing its tasks under this Regulation.
Amendment 143 #
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) for projects in third countries that are emerging markets or developing economies, the project would respect international standards and conventions on human rights and the environment, and would be mutually beneficial for the Union and the third country concerned by adding value in that country. This should include establishing corporate accountability mechanisms, and cooperation agreements to enable access to justice and redress for communities in third countries affected by the human rights and environmental violations of companies involved in the strategic projects covered by this Regulation.
Amendment 147 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) a plan containing measures to facilitate public acceptance including, where appropriate,ensure public participation and consent at all stages of the project including the establishment of recurrent communication and consultation channels with the local communities and organisations, including social partners, the implementation of awareness-raising and information campaigns and the establishment of mitigation and compensation mechanisms. Where the project involves resettlement, a plan detailing how legitimate tenure rights-holders will be identified and participate in the valuation process, and how compensation processes for loss of assets or lands are fair, timely and guaranteed;
Amendment 148 #
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) a business plan evaluating the financial viability of the project, from exploration to end-of-life and waste management;
Amendment 149 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission is empowered to adopt implementing acts establishing a template to be used by project promoters for the applications referred to in paragraph 1. The template may indicate how the information referred to in paragraph 1 shall be expressed. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 37(2) no later than 6 months after the entry into force of this Regulation.
Amendment 151 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The European Critical Raw Materials Board referred to in Article 34 ('the Board') shall, based on a fair and transparent process, discuss and issue an opinion on the completeness of the application and whether the proposed project fulfils the criteria set out in Article 5(1) no later than within 3 months of the application. The Board shall invite the relevant representatives from industry, local communities and civil society for these discussions, and issue an opinion following a broad consultation.
Amendment 155 #
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. Whether or not a Strategic Project meets the conditions laid down in paragraph 2, shall be discussed and agreed in cooperation with national authorities in charge of those legislative frameworks including ministries responsible for environmental and social matters.
Amendment 158 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. All dispute resolution procedures, litigation, appeals and judicial remedies related to the permit-granting process and the issuance of permits for Strategic Projects in the Union in front of any national courts, tribunals, panels, including mediation or arbitration, where they exist in national law, shall ensure a human rights and environmental and climate justice approach, and shall be treated as urgent, if and to the extent to which national law provides for such urgency procedures and provided that the normally applicable rights of defence of individuals or of local communities would be respected. Project promoters of Strategic Projects shall participate in such urgency procedure, where applicable.
Amendment 159 #
Proposal for a regulation
Article 1 – paragraph 2 – point a – point iii
Article 1 – paragraph 2 – point a – point iii
(iii) Union recycling capacity, including for all intermediate recycling steps, is able to produce at least 125% of the Union's annual consumption of strategic raw materials.
Amendment 159 #
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
In the case of Strategic Projects for which the obligation to carry out assessments of the effects on the environment arises simultaneously from Council Directive 92/43/EEC, Directives 2000/60/EC, 2008/98/EC, 2009/147/EC 2010/75/EU, 2011/92/EU or 2012/18/EU of the European Parliament and the Council, the national competent authority referred to in Article 8(1) shall ensure that a coordinated or a joint procedure fulfilling all the requirements of that Union legislation is applied.
Amendment 160 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The time-frame for consulting the public concerned on the environmental impact assessment report referred to in Article 5(1) of Directive 2011/92/EU shall not be longer than 90 days in the case of Strategic Projects, but not shorter than 60 days.
Amendment 161 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that national, regional and local authorities responsible for preparing plans, including zoning, spatial plans and land use plans, include in such plans, where appropriate, provisions for the development of critical raw materials projects. Priority shall be given to artificial and built surfaces, industrial sites, and brownfield sites, and, where appropriate, greenfield sites not usable for agriculture and forestry.
Amendment 162 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where plans including provisions for the development of critical raw material projects are subject to an assessment pursuant to Directive 2001/42/EC and pursuant to Article 6 of Directive 92/43/EEC, those assessments shall be combined. Where relevant, this combined assessment shall also address the impact on potentially affected water bodies and verify whether the plan would cause deterioration of the status or of the potential referred to in Article 4 of Directive 2000/60/EC or would potentially hamper that a water body achieves good status or good potential. Where relevant Member States are required to assess the impacts of existing and future activities on the marine environment, including land-sea interactions, as referred to in Article 4 of Directive 2014/89/EU, these impacts shall also be covered by the combined assessment. Member States shall verify whether plans for the development of critical raw material projects would potentially impact the objectives of relevant environmental policies of the Union and include provisions in the plans for the mitigation of these impacts and, where feasible, avoid the developments of critical raw material projects in protected areas.
Amendment 163 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The provisions set out in this Regulation are without prejudice to the obligations under Articles 6 and 7 of the United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, signed at Aarhus on 25 June 1998, and under the UNECE Convention on environmental impact assessment in a transboundary context, signed at Espoo on 25 February 1991.
Amendment 164 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. All decisions adopted pursuant to this SecRegulation shall be made publicly available.
Amendment 166 #
Proposal for a regulation
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
(b) assistance to project promoters to further increase the public acceptance ofpartication and decision-making in relation to the project.
Amendment 172 #
Proposal for a regulation
Article 1 – paragraph 2 – point d a (new)
Article 1 – paragraph 2 – point d a (new)
(da) move towards a just energy transition in the Union, with policies that respect due diligence, human rights and the environment, and that enable Member States to meet their international climate commitments under the Paris Agreement.
Amendment 172 #
Proposal for a regulation
Article 19 – paragraph 1 – point d a (new)
Article 19 – paragraph 1 – point d a (new)
Amendment 174 #
Proposal for a regulation
Article 19 – paragraph 1 – point d b (new)
Article 19 – paragraph 1 – point d b (new)
(db) threats to biodiversity, sensitive ecosystems and territorial rights of indigenous peoples and rural communities.
Amendment 180 #
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
4. The Commission shall take into account the objectives and benchmarks laid down in paragraph 2, point a(iii), as related Union priorities within the meaning of Article 5(4)(a)(i) of Regulation XX/XXXX [OP please insert: the Ecodesign for Sustainable Products Regulation], when preparing ecodesign requirements to improve the following product aspects: durability, reusability, reparability, resource use or resource efficiency, possibility of remanufacturing and recycling, recycled content and possibility of recovery of materials.
Amendment 185 #
Proposal for a regulation
Article 25 – paragraph 1 – point a
Article 25 – paragraph 1 – point a
(a) increase the collection and sorting of waste with high critical raw materials recovery potential and ensure their introduction into the appropriate recycling system, with a view to maximising the availability and quality of recyclable material as an input to critical raw material recycling facilities;
Amendment 187 #
Proposal for a regulation
Article 25 – paragraph 1 – point e a (new)
Article 25 – paragraph 1 – point e a (new)
(ea) The Union and the Member States shall guarantee in their regulations and national programs the consolidation of capacity building and technology transfer programs to promote the responsible recycling of critical minerals in producing countries.
Amendment 190 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
Governments or multi-stakeholders organisations that have developed and oversee certification schemes related to the sustainability of critical raw materials ("scheme owners") may apply to have their schemes recognised by the Commission.
Amendment 192 #
Proposal for a regulation
Article 29 – paragraph 5 a (new)
Article 29 – paragraph 5 a (new)
Amendment 193 #
Proposal for a regulation
Article 29 – paragraph 6
Article 29 – paragraph 6
6. Where the Commission identifies, in accordance with paragraph 5 and 5a, deficiencies in a recognised scheme affecting the basis for the recognition, it may grant the scheme owner an appropriate period of time to take remedial action. This period shall not be longer than 6 months.
Amendment 194 #
Proposal for a regulation
Article 29 – paragraph 8 a (new)
Article 29 – paragraph 8 a (new)
8a. A company’s membership in a recognised certification scheme recognized pursuant to paragraph 2 shall not exempt it from its obligations under this Regulation, Union, national and International law.
Amendment 195 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The Commission is empowered to adopt delegated acts in accordance with Article 36 to supplement this Regulation by establishing rules for the calculation and verification of the environmental footprint of different critical raw materials no later than 31 December 2025, in accordance with Annex V and taking into account scientifically sound assessment methods and relevant international standards. The calculation and verification rules shall identify which isare the most important impact category. The footprint declaration shall be limited to that impact categoryies for each critical raw material, including inter alia, carbon footprint, impact on biodiversity, water consumption and waste disposal.
Amendment 196 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. The Commission may adopt calculation and verification rules for a specific critical raw material ifonce it has concluded, having considered the various relevant environmental impact categories, that the critical raw material in question has an overall significant environmental footprint and that therefore an obligation to declare the environmental footprint of that material regarding the most important impact categoryies, when placing it on the market, is necessary and proportionate to contribute to the Union’s climate and environmental objectives by facilitating the supply of critical raw materials with lower environmental footprint.
Amendment 197 #
Proposal for a regulation
Article 30 – paragraph 4 – point b
Article 30 – paragraph 4 – point b
(b) ensure that any such measure is not prepared, adopted or applied with a view to or with the effect of creating unnecessary obstacles to international trade and is no more trade-restrictive than necessary to achieve the Union’s climate and environmental objectives, having regard to the ability of third-country suppliers to comply with such a declaration such that aggregate trade flows and critical raw materials costs are not disproportionately affected;
Amendment 199 #
Proposal for a regulation
Article 30 – paragraph 4 – point c
Article 30 – paragraph 4 – point c
Amendment 200 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Following an application of the project promoter and in accordance with the procedure established in Article 6, the Commission shall recognise as Strategic Projects raw material projects that contributes to the objectives of this Regulation as set out in Article 1 and meet the following criteria:
Amendment 201 #
Proposal for a regulation
Article 33 – paragraph -1 (new)
Article 33 – paragraph -1 (new)
-1. The conclusion of Stategic partnerships in the framework of this Regulation shall be conditionned to the respect of international standards and conventions on human rights, environment, and governance, and to the prior ratification by third countries of international treaties and conventions reffered to in Annex III, paragraph 4.
Amendment 202 #
Proposal for a regulation
Article 33 – paragraph 1 – introductory part
Article 33 – paragraph 1 – introductory part
1. TIn order to evaluate the implementation and the impacts of this Regulation, the Board shall periodically discuss:
Amendment 210 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) the project would be implemented sustainably by fulfilling the requirements of Annex III point 4, in particular as regards the monitoring, prevention and minimisation of social and environmental impacts, the use of socially responsible practiceand human rights violations (including respect of human and laboulabour and gender rights), quality jobs potential and meaningful engagement with local communities and relevant social partners, and the use of transparent business practices with adequatestrong compliance policies to prevent and minimise risks of adverse impacts on the proper functioning of public administration, including corruption and bribery;
Amendment 210 #
Proposal for a regulation
Article 33 – paragraph 1 – point a – point iii
Article 33 – paragraph 1 – point a – point iii
(iii) improving cooperation along the critical raw materials value chain between the Union and partner countries, and ensuring the implementation of human rights and environmental due-diligence mechanisms by all actors involved;
Amendment 217 #
Proposal for a regulation
Article 33 – paragraph 1 – point c – point ii
Article 33 – paragraph 1 – point c – point ii
(ii) whether a third country's regulatory framework and the governance framework for its implementation ensures the monitoring, prevention and minimisation of social and environmental impacts, the use of socially responsible practicehuman rights violations (including respect of human and labour rights and meaningful engagement with local communities,labour, gender and multicultural rights), quality jobs potential, and meaningful engagement with local communities, the respect of free, prior and informed consent with indigenous peoples, and the use of transparent business practices and the prevention of adverse impacts on the proper functioning of public administration and the rule of law;
Amendment 219 #
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) for projects in the Union, that the project contributes to the volumes required to achieve the self-sufficiency objectives in Article 1(2)(a) indent (i), (ii), and (iii) and that the establishment, operation or production of the project would have cross-border benefits beyond the Member State concerned, including for downstream sectors;
Amendment 223 #
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) for projects in third countries that are emerging markets or developing economies, the project would respect international standards and conventions on human rights and the environment, and would be mutually beneficial for the Union and the third country concerned by adding value in that country. This should include establishing corporate accountability mechanisms, and cooperation agreements to enable access to justice and redress for communities in third countries affected by the human rights and environmental violations of companies involved in the strategic projects covered by this Regulation.
Amendment 226 #
Proposal for a regulation
Article 33 – paragraph 3 – point a
Article 33 – paragraph 3 – point a
(a) coordinate with the Commission to ensure coherence between their bilateral cooperation with relevant third countries and the Union's non-binding Strategic Partnerships with third countries, whose scope at least includes critical raw materials value chain, and the guarantee of knowledge and technology transfer for mutual benefit between Member States and third countries;
Amendment 234 #
Proposal for a regulation
Article 35 – paragraph 6 – subparagraph 2 – point d a (new)
Article 35 – paragraph 6 – subparagraph 2 – point d a (new)
(da) a subgroup on sustainability to discuss the provisions of Article 5(1)(c) and their implementation;
Amendment 236 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) a plan containing measures to facilitate public acceptance including, where appropriate,ensure public participation and consent at all stages of the project including the establishment of recurrent communication and consultation channels with the local communities and organisations, including social partners, the implementation of awareness-raising and information campaigns and the establishment of mitigation and compensation mechanisms. Where the project involves resettlement, a plan detailing how legitimate tenure rights-holders will be identified and participate in the valuation process, and how compensation processes for loss of assets or lands are fair, timely and guaranteed;
Amendment 236 #
Proposal for a regulation
Article 35 – paragraph 7 – subparagraph 2
Article 35 – paragraph 7 – subparagraph 2
Where appropriate, the Board mayshall invite experts, representatives from industry, civil society, academia, trade unions and other third parties or representatives of third countries to attend meetings of the standing or temporary sub- groups referred to in paragraph 6 as observers or to provide written contributions.
Amendment 238 #
Proposal for a regulation
Article 44 a (new)
Article 44 a (new)
Amendment 239 #
Proposal for a regulation
Article 44 b (new)
Article 44 b (new)
Article44b Access to justice 1. Any natural or legal person having a sufficient interest, as determined in accordance with the existing national systems of legal remedies, including where such persons meet the criteria, if any, laid down in the national law, including persons who have submitted a substantiated concern in accordance with Article 44a, shall have access to administrative or judicial procedures to review the legality of the decisions, acts or failure to act of the competent authorities under this Regulation. 2. This Regulation shall be without prejudice to any provisions of national law which regulate access to justice and those which require that administrative review procedures be exhausted prior to recourse to judicial proceedings.
Amendment 243 #
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) a business plan evaluating the financial viability of the project, from exploration to end-of-life and waste management;
Amendment 244 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission is empowered to adopt implementing acts establishing a template to be used by project promoters for the applications referred to in paragraph 1. The template may indicate how the information referred to in paragraph 1 shall be expressed. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 37(2) no later than 6 months after the entry into force of this Regulation.
Amendment 245 #
Proposal for a regulation
Annex III – point 2 – point d
Annex III – point 2 – point d
(d) whether the project is in line with the Union’s development cooperation and foreign policy objectives, as well as with international human rights law, due diligence and international environmental law.
Amendment 246 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The European Critical Raw Materials Board referred to in Article 34 ('the Board') shall, based on a fair and transparent process, discuss and issue an opinion on the completeness of the application and whether the proposed project fulfils the criteria set out in Article 5(1) no later than within 3 months of the application. The Board shall invite the relevant representatives from industry, local communities and civil society for these discussions, and issue an opinion following a broad consultation.
Amendment 246 #
Proposal for a regulation
Annex III – point 4 – point b a (new)
Annex III – point 4 – point b a (new)
(ba) [OP please insert: reference to Regulation of the European Parliament and of the Council on making available on the Union market as well as export from the Union of certain commodities and products associated with deforestation and forest degradation], in so far as it applies to the project promoter;
Amendment 247 #
Proposal for a regulation
Annex III – point 4 – point b b (new)
Annex III – point 4 – point b b (new)
(bb) Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017 laying down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas, in so far as it applies to the project promoter;
Amendment 248 #
Proposal for a regulation
Annex III – point 4 – point b c (new)
Annex III – point 4 – point b c (new)
(bc) Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control), in so far as it applies to the project promoter;
Amendment 249 #
Proposal for a regulation
Annex III – point 4 – point b d (new)
Annex III – point 4 – point b d (new)
(bd) [OP please insert: reference to the Regulation on Nature restoration], in so far as it applies to the project promoter;
Amendment 250 #
Proposal for a regulation
Annex III – point 4 – point b e (new)
Annex III – point 4 – point b e (new)
(be) Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries, in so far as it applies to the project promoter;
Amendment 251 #
Proposal for a regulation
Annex III – point 4 – point b f (new)
Annex III – point 4 – point b f (new)
(bf) [OP please insert: Directive on the Protection of journalists and human rights defenders from manifestly unfounded or abusive court proceedings]
Amendment 252 #
Proposal for a regulation
Annex III – point 4 – point b g (new)
Annex III – point 4 – point b g (new)
(bg) [OP please insert: reference to Regulation on Batteries and waste batteries], in so far as it applies to the project promoter;
Amendment 253 #
Proposal for a regulation
Annex III – point 4 – point c a (new)
Annex III – point 4 – point c a (new)
(ca) ILO Convention on Indigenous and Tribal Peoples (No. 169);
Amendment 254 #
Proposal for a regulation
Annex III – point 4 – point c b (new)
Annex III – point 4 – point c b (new)
(cb) ILO Convention on Safety and Health in Mines Convention (No. 176);
Amendment 255 #
Proposal for a regulation
Annex III – point 4 – point c c (new)
Annex III – point 4 – point c c (new)
(cc) ILO Declaration on Fundamental Principles and Rights at Work;
Amendment 256 #
Proposal for a regulation
Annex III – point 4 – point h a (new)
Annex III – point 4 – point h a (new)
(ha) OECD Anti-Bribery Convention and Anti-Corruption Guidelines;
Amendment 258 #
Proposal for a regulation
Annex III – point 4 – point i a (new)
Annex III – point 4 – point i a (new)
(ia) United Nations Declaration on the Rights of Indigenous Peoples (A/RES/61/295);
Amendment 260 #
Proposal for a regulation
Annex III – point 4 – point i b (new)
Annex III – point 4 – point i b (new)
(ib) EIB Eligibility, Excluded Activities and Excluded sectors list;
Amendment 262 #
Proposal for a regulation
Annex III – point 4 – point i c (new)
Annex III – point 4 – point i c (new)
(ic) UN Paris Agreement;
Amendment 263 #
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. Whether or not a Strategic Project meets the conditions laid down in paragraph 2, shall be discussed and agreed in cooperation with national authorities in charge of those legislative frameworks including ministries responsible for environmental and social matters.
Amendment 264 #
Proposal for a regulation
Annex III – point 4 – point i d (new)
Annex III – point 4 – point i d (new)
(id) Convention on Biological Diversity,
Amendment 268 #
Proposal for a regulation
Annex III – point 4 – paragraph -1 (new)
Annex III – point 4 – paragraph -1 (new)
-1 Project promoters shall provide evidence of identification, assessment, prevention and mitigation of the following categories of environmental and social risks: a) environment, climate and human health considering direct, induced, indirect and cumulative effects, including but not limited to: (i) air, including but not limited to air pollution, including greenhouse gas emissions; (ii) water, including seabed and marine environment and including but not limited to water pollution, water use, water quantities (flooding or draughts) and access to water; (iii) soil, including but not limited to soil pollution, soil erosion, land use and land degradation; (iv) biodiversity, including but not limited to damage to habitats, wildlife, flora and ecosystems, including ecosystem services; (v) hazardous substances; (vi) noise and vibration; (vii) plant safety; (viii) energy use; (ix) waste and residues; (b) human rights, labour rights and industrial relations, including but not limited to: (i) occupational health and safety; (ii) child labour, (iii) forced labour, (iv) discrimination, (v) trade union freedoms; (c) community life, including that of indigenous peoples.
Amendment 269 #
Proposal for a regulation
Annex III – point 4 – paragraph 1
Annex III – point 4 – paragraph 1
Amendment 273 #
Proposal for a regulation
Annex IV – paragraph 1 – point a
Annex IV – paragraph 1 – point a
(a) it is open under transparent, fair and non-discriminatory terms to all economic operators willing and able to comply with the scheme’s requirements and it is of multistakeholder governance;
Amendment 274 #
Proposal for a regulation
Annex IV – paragraph 1 – point b – point ii
Annex IV – paragraph 1 – point b – point ii
(ii) requirements for ensuring socially responsible practices, including respect for human rights and, labour rights, and rights of indigenous people;
Amendment 275 #
Proposal for a regulation
Annex IV – paragraph 1 – point b – point iii
Annex IV – paragraph 1 – point b – point iii
(iii) requirements for ensuring business integrity and transparency including requirements to apply sound management of financial, environmental and social matters, and robust anti-corruption and bribery policies in line with the OECD Guidelines outlined in Annex III;
Amendment 276 #
Proposal for a regulation
Annex IV – paragraph 1 – point b a (new)
Annex IV – paragraph 1 – point b a (new)
(ba) it includes an on-site audit with in- person consultation with relevant stakeholders including local communities, civil society, workers, and trade unions;
Amendment 277 #
Proposal for a regulation
Annex IV – paragraph 1 – point b b (new)
Annex IV – paragraph 1 – point b b (new)
(bb) audit reports are made publically available;
Amendment 279 #
Proposal for a regulation
Annex IV – paragraph 1 – point c a (new)
Annex IV – paragraph 1 – point c a (new)
(ca) grievance mechanisms are put in place in accordance with the UN Guiding Principles;
Amendment 280 #
Proposal for a regulation
Annex IV – paragraph 1 – point d a (new)
Annex IV – paragraph 1 – point d a (new)
(da) grievance mechanisms are put in place in accordance with [OP please insert: reference to the Corporate Sustainability Due Diligence Directive], in so far as it applies to the project promoter;
Amendment 281 #
Proposal for a regulation
Annex V – Part 5 – paragraph 1 – introductory part
Annex V – Part 5 – paragraph 1 – introductory part
The calculation rules shall specify the impact categoryies that needs to be included in the environmental footprint calculation. The choice shall be based on the hotspot analysis performed in line with scientifically sound methodologies developed at international level and taking into account the:
Amendment 283 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. All dispute resolution procedures, litigation, appeals and judicial remedies related to the permit-granting process and the issuance of permits for Strategic Projects in the Union in front of any national courts, tribunals, panels, including mediation or arbitration, where they exist in national law, shall ensure a human rights and environmental and climate justice approach, and shall be treated as urgent, if and to the extent to which national law provides for such urgency procedures and provided that the normally applicable rights of defence of individuals or of local communities would be respected. Project promoters of Strategic Projects shall participate in such urgency procedure, where applicable.
Amendment 315 #
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
In the case of Strategic Projects for which the obligation to carry out assessments of the effects on the environment arises simultaneously from Council Directive 92/43/EEC, Directives 2000/60/EC, 2008/98/EC, 2009/147/EC 2010/75/EU, 2011/92/EU or 2012/18/EU of the European Parliament and the Council, the national competent authority referred to in Article 8(1) shall ensure that a coordinated or a joint procedure fulfilling all the requirements of that Union legislation is applied.
Amendment 338 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The time-frame for consulting the public concerned on the environmental impact assessment report referred to in Article 5(1) of Directive 2011/92/EU shall not be longer than 90 days in the case of Strategic Projects, but not shorter than 60 days.
Amendment 348 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that national, regional and local authorities responsible for preparing plans, including zoning, spatial plans and land use plans, include in such plans, where appropriate, provisions for the development of critical raw materials projects. Priority shall be given to artificial and built surfaces, industrial sites, and brownfield sites, and, where appropriate, greenfield sites not usable for agriculture and forestry.
Amendment 354 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where plans including provisions for the development of critical raw material projects are subject to an assessment pursuant to Directive 2001/42/EC and pursuant to Article 6 of Directive 92/43/EEC, those assessments shall be combined. Where relevant, this combined assessment shall also address the impact on potentially affected water bodies and verify whether the plan would cause deterioration of the status or of the potential referred to in Article 4 of Directive 2000/60/EC or would potentially hamper that a water body achieves good status or good potential. Where relevant Member States are required to assess the impacts of existing and future activities on the marine environment, including land-sea interactions, as referred to in Article 4 of Directive 2014/89/EU, these impacts shall also be covered by the combined assessment. Member States shall verify whether the plan would potentially impact the objectives of relevant environmental policies of the Union.
Amendment 361 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The provisions set out in this Regulation are without prejudice to the obligations under Articles 6 and 7 of the United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, signed at Aarhus on 25 June 1998, and under the UNECE Convention on environmental impact assessment in a transboundary context, signed at Espoo on 25 February 1991.
Amendment 366 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. All decisions adopted pursuant to this SecRegulation shall be made publicly available.
Amendment 371 #
Proposal for a regulation
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
(b) assistance to project promoters to further increase the public acceptance ofpartication and decision-making in relation to the project.
Amendment 400 #
Proposal for a regulation
Article 19 – paragraph 1 – point d a (new)
Article 19 – paragraph 1 – point d a (new)
(da) risk and violation of human rights in third countries, including territories with armed conflicts;
Amendment 401 #
Proposal for a regulation
Article 19 – paragraph 1 – point d b (new)
Article 19 – paragraph 1 – point d b (new)
(db) threats to biodiversity, sensitive ecosystems and territorial rights of indigenous peoples and rural communities.
Amendment 435 #
Proposal for a regulation
Article 25 – paragraph 1 – point a
Article 25 – paragraph 1 – point a
(a) increase the collection and sorting of waste with high critical raw materials recovery potential and ensure their introduction into the appropriate recycling system, with a view to maximising the availability and quality of recyclable material as an input to critical raw material recycling facilities;
Amendment 469 #
Proposal for a regulation
Article 25 – paragraph 1 – point 1 b (new)
Article 25 – paragraph 1 – point 1 b (new)
(1b) The Union and the Member States shall guarantee in their regulations and national programs the consolidation of capacity building and technology transfer programs to promote the responsible recycling of critical minerals in producing countries.
Amendment 591 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
Governments or multi-stakeholders organisations that have developed and oversee certification schemes related to the sustainability of critical raw materials ("scheme owners") may apply to have their schemes recognised by the Commission.
Amendment 607 #
Proposal for a regulation
Article 29 – paragraph 5 a (new)
Article 29 – paragraph 5 a (new)
5a. The Commission shall develop a portal where stakeholders are able to submit feedback and information about evidence of repeated or significant cases where economic operators implementing a recognised scheme have failed to fulfil the requirements of that scheme, in order for the Commission to be able to make an independent assessment.
Amendment 609 #
Proposal for a regulation
Article 29 – paragraph 6
Article 29 – paragraph 6
6. Where the Commission identifies, in accordance with paragraph 5 and 5a, deficiencies in a recognised scheme affecting the basis for the recognition, it may grant the scheme owner an appropriate period of time to take remedial action. This period shall not be longer than 6 months.
Amendment 621 #
Proposal for a regulation
Article 29 – paragraph 8 a (new)
Article 29 – paragraph 8 a (new)
8a. A company’s membership in a recognised certification scheme recognized pursuant to paragraph 2 shall not exempt it from its obligations under this Regulation, Union, national and International law.
Amendment 631 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The Commission is empowered to adopt delegated acts in accordance with Article 36 to supplement this Regulation by establishing rules for the calculation and verification of the environmental footprint of different critical raw materials no later than 31 December 2025, in accordance with Annex V and taking into account scientifically sound assessment methods and relevant international standards. The calculation and verification rules shall identify which isare the most important impact category. The footprint declaration shall be limited to that impact categoryies for each critical raw material, including inter alia, carbon footprint, impact on biodiversity, water consumption and waste disposal.
Amendment 638 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. The Commission may adopt calculation and verification rules for a specific critical raw material ifonce it has concluded, having considered the various relevant environmental impact categories, that the critical raw material in question has an overall significant environmental footprint and that therefore an obligation to declare the environmental footprint of that material regarding the most important impact categoryies, when placing it on the market, is necessary and proportionate to contribute to the Union’s climate and environmental objectives by facilitating the supply of critical raw materials with lower environmental footprint.
Amendment 658 #
Proposal for a regulation
Article 30 – paragraph 4 – point b
Article 30 – paragraph 4 – point b
(b) ensure that any such measure is not prepared, adopted or applied with a view to or with the effect of creating unnecessary obstacles to international trade and is no more trade-restrictive than necessary to achieve the Union’s climate and environmental objectives, having regard to the ability of third-country suppliers to comply with such a declaration such that aggregate trade flows and critical raw materials costs are not disproportionately affected;
Amendment 662 #
Proposal for a regulation
Article 30 – paragraph 4 – point c
Article 30 – paragraph 4 – point c
Amendment 677 #
Proposal for a regulation
Article 33 – paragraph -1 (new)
Article 33 – paragraph -1 (new)
-1. The conclusion of Stategic partnerships in the framework of this Regulation shall be conditionned to the respect of international standards and conventions on human rights, environment, and governance, and to the prior ratification by third countries of international treaties and conventions reffered to in Annex III, paragraph 4.
Amendment 678 #
Proposal for a regulation
Article 33 – paragraph 1 – introductory part
Article 33 – paragraph 1 – introductory part
1. TIn order to evaluate the implementation and the impacts of this Regulation, the Board shall periodically discuss:
Amendment 680 #
Proposal for a regulation
Article 33 – paragraph 1 – point a – point iii
Article 33 – paragraph 1 – point a – point iii
(iii) improving cooperation along the critical raw materials value chain between the Union and partner countries, and ensuring the implementation of human rights and environmental due-diligence mechanisms by all actors involved;
Amendment 682 #
Proposal for a regulation
Article 33 – paragraph 1 – point c – point ii
Article 33 – paragraph 1 – point c – point ii
(ii) whether a third country's regulatory framework and the governance framework for its implementation ensures the monitoring, prevention and minimisation of social and environmental impacts, the use of socially responsible practices including respect of human and labour rights and meaningful engagement with local communities,socio environmental impacts, human rights violations (including respect of labour, gender and multicultural rights), quality jobs potential, and meaningful engagement with local communities, the respect of free, prior and informed consent with indigenous peoples, and the use of transparent business practices and the prevention of adverse impacts on the proper functioning of public administration and the rule of law;
Amendment 687 #
Proposal for a regulation
Article 33 – paragraph 3 – point a
Article 33 – paragraph 3 – point a
(a) coordinate with the Commission to ensure coherence between their bilateral cooperation with relevant third countries and the Union's non-binding Strategic Partnerships with third countries, whose scope at least includes critical raw materials value chain, and the guarantee of knowledge and technology transfer for mutual benefit between Member States and third countries;
Amendment 704 #
Proposal for a regulation
Article 35 – paragraph 6 – subparagraph 2 – point d a (new)
Article 35 – paragraph 6 – subparagraph 2 – point d a (new)
(da) a sub-group on sustainability to discuss the provisions of Article 5(1)(c) and their implementation;
Amendment 707 #
Proposal for a regulation
Article 35 – paragraph 7 – subparagraph 2
Article 35 – paragraph 7 – subparagraph 2
Where appropriate, the Board mayshall invite experts, representatives from industry, civil society, academia, trade unions and other third parties or representatives of third countries to attend meetings of the standing or temporary sub- groups referred to in paragraph 6 as observers or to provide written contributions.
Amendment 713 #
Proposal for a regulation
Article 44 a (new)
Article 44 a (new)
Article44a Natural or legal persons’ substantiated concerns 1. Natural or legal persons may submit substantiated concerns to competent authorities when they consider that one or more project promoter, off-takers, or a national competent authority referred to in Article 8(1) are not complying with this Regulation. 2. Competent authorities shall, without undue delay, diligently and impartially assess the substantiated concerns, including whether the claims are well- founded, and take the necessary steps, including carrying out checks and conducting hearings of project promoters, off-takers, or national competent authorities referred to in Article 8(1), with a view to detecting potential non- compliance with this Regulation. 3. Within 30 days of receiving a substantiated concern, if not otherwise stated in national law, the competent authority shall inform the persons referred to in paragraph 1, who submitted the substantiated concerns, of the follow- up given to the submission and shall provide the reasons for it. 4. Without prejudice to the obligations pursuant to Directive (EU) 2019/1937 of the European Parliament and of the Council, Member States shall provide for measures to protect the identity of the natural or legal persons who submit substantiated concerns or who conduct investigations with the aim of verifying compliance by operators or traders with this Regulation.
Amendment 715 #
Proposal for a regulation
Article 44 b (new)
Article 44 b (new)
Article44b Access to justice 1. Any natural or legal person having a sufficient interest, as determined in accordance with the existing national systems of legal remedies, including where such persons meet the criteria, if any, laid down in the national law, including persons who have submitted a substantiated concern in accordance with Article 44a, shall have access to administrative or judicial procedures to review the legality of the decisions, acts or failure to act of the competent authorities under this Regulation. 2. This Regulation shall be without prejudice to any provisions of national law which regulate access to justice and those which require that administrative review procedures be exhausted prior to recourse to judicial proceedings.
Amendment 723 #
Proposal for a regulation
Annex III – point 2 – point d
Annex III – point 2 – point d
(d) whether the project is in line with the Union’s development cooperation and foreign policy objectives, as well as with international human rights law, due diligence and international environmental law.
Amendment 725 #
Proposal for a regulation
Annex III – point 4 – point b a (new)
Annex III – point 4 – point b a (new)
(ba) [OP please insert: reference to Regulation of the European Parliament and of the Council on making available on the Union market as well as export from the Union of certain commodities and products associated with deforestation and forest degradation], in so far as it applies to the project promoter;
Amendment 726 #
Proposal for a regulation
Annex III – point 4 – point b b (new)
Annex III – point 4 – point b b (new)
(bb) Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017 laying down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas, in so far as it applies to the project promoter;
Amendment 727 #
Proposal for a regulation
Annex III – point 4 – point b c (new)
Annex III – point 4 – point b c (new)
(bc) Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control), in so far as it applies to the project promoter;
Amendment 728 #
Proposal for a regulation
Annex III – point 4 – point b d (new)
Annex III – point 4 – point b d (new)
(bd) [OP please insert: reference to the Regulation on Nature restoration], in so far as it applies to the project promoter;
Amendment 729 #
Proposal for a regulation
Annex III – point 4 – point b e (new)
Annex III – point 4 – point b e (new)
(be) Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries, in so far as it applies to the project promoter;
Amendment 730 #
Proposal for a regulation
Annex III – point 4 – point b f (new)
Annex III – point 4 – point b f (new)
(bf) [OP please insert: Directive on the Protection of journalists and human rights defenders from manifestly unfounded or abusive court proceedings]
Amendment 731 #
Proposal for a regulation
Annex III – point 4 – point b g (new)
Annex III – point 4 – point b g (new)
(bg) [OP please insert: reference to Regulation on Batteries and waste batteries], in so far as it applies to the project promoter;
Amendment 732 #
Proposal for a regulation
Annex III – point 4 – point c a (new)
Annex III – point 4 – point c a (new)
(ca) ILO Convention on Indigenous and Tribal Peoples (No. 169);
Amendment 733 #
Proposal for a regulation
Annex III – point 4 – point c b (new)
Annex III – point 4 – point c b (new)
(cb) ILO Convention on Safety and Health in Mines Convention (No. 176);
Amendment 734 #
Proposal for a regulation
Annex III – point 4 – point c c (new)
Annex III – point 4 – point c c (new)
(cc) ILO Declaration on Fundamental Principles and Rights at Work;
Amendment 735 #
Proposal for a regulation
Annex III – point 4 – point h a (new)
Annex III – point 4 – point h a (new)
(ha) OECD Anti-Bribery Convention and Anti-Corruption Guidelines;
Amendment 737 #
Proposal for a regulation
Annex III – point 4 – point i a (new)
Annex III – point 4 – point i a (new)
(ia) United Nations Declaration on the Rights of Indigenous Peoples (A/RES/61/295);
Amendment 740 #
Proposal for a regulation
Annex III – point 4 – point i b (new)
Annex III – point 4 – point i b (new)
(ib) EIB Eligibility, Excluded Activities and Excluded sectors list;
Amendment 743 #
Proposal for a regulation
Annex III – point 4 – point i c (new)
Annex III – point 4 – point i c (new)
(ic) UN Paris Agreement;
Amendment 745 #
Proposal for a regulation
Annex III – point 4 – point i d (new)
Annex III – point 4 – point i d (new)
(id) Convention on Biological Diversity,
Amendment 753 #
Proposal for a regulation
Annex III – point 4 – paragraph -1 (new)
Annex III – point 4 – paragraph -1 (new)
-1 Project promoters shall provide evidence of identification, assessment, prevention and mitigation of the following categories of environmental and social risks: a) environment, climate and human health considering direct, induced, indirect and cumulative effects, including but not limited to: (i) air, including but not limited to air pollution, including greenhouse gas emissions; (ii) water, including seabed and marine environment and including but not limited to water pollution, water use, water quantities (flooding or draughts) and access to water; (iii) soil, including but not limited to soil pollution, soil erosion, land use and land degradation; (iv) biodiversity, including but not limited to damage to habitats, wildlife, flora and ecosystems, including ecosystem services; (v) hazardous substances; (vi) noise and vibration; (vii) plant safety; (viii) energy use; (ix) waste and residues; (b) human rights, labour rights and industrial relations, including but not limited to: (i) occupational health and safety; (ii) child labour, (iii) forced labour, (iv) discrimination, (v) trade union freedoms; (c) community life, including that of indigenous peoples.
Amendment 754 #
Proposal for a regulation
Annex III – point 4 – paragraph 1
Annex III – point 4 – paragraph 1
Amendment 766 #
Proposal for a regulation
Annex IV – paragraph 1 – point a
Annex IV – paragraph 1 – point a
(a) it is open under transparent, fair and non-discriminatory terms to all economic operators willing and able to comply with the scheme’s requirements and it is of multistakeholder governance;
Amendment 787 #
Proposal for a regulation
Annex IV – paragraph 1 – point b – point ii
Annex IV – paragraph 1 – point b – point ii
(ii) requirements for ensuring socially responsible practices, including respect for human rights and, labour rights, and rights of indigenous people;
Amendment 789 #
Proposal for a regulation
Annex IV – paragraph 1 – point b – point iii
Annex IV – paragraph 1 – point b – point iii
(iii) requirements for ensuring business integrity and transparency including requirements to apply sound management of financial, environmental and social matters, and robust anti-corruption and bribery policies in line with the OECD Guidelines outlined in Annex III;
Amendment 795 #
Proposal for a regulation
Annex IV – paragraph 1 – point b a (new)
Annex IV – paragraph 1 – point b a (new)
Amendment 796 #
Proposal for a regulation
Annex IV – paragraph 1 – point b b (new)
Annex IV – paragraph 1 – point b b (new)
(bb) audit reports are made publically available;
Amendment 814 #
Proposal for a regulation
Annex IV – paragraph 1 – point c a (new)
Annex IV – paragraph 1 – point c a (new)
(ca) grievance mechanisms are put in place in accordance with the UN Guiding Principles;
Amendment 817 #
Proposal for a regulation
Annex IV – paragraph 1 – point d a (new)
Annex IV – paragraph 1 – point d a (new)
(da) grievance mechanisms are put in place in accordance with [OP please insert: reference to the Corporate Sustainability Due Diligence Directive], in so far as it applies to the project promoter;
Amendment 830 #
Proposal for a regulation
Annex V – Part 5 – paragraph 1 – introductory part
Annex V – Part 5 – paragraph 1 – introductory part
The calculation rules shall specify the impact categoryies that needs to be included in the environmental footprint calculation. The choice shall be based on the hotspot analysis performed in line with scientifically sound methodologies developed at international level and taking into account the: