Activities of Malin BJÖRK related to 2023/0079(COD)
Plenary speeches (1)
Framework for ensuring a secure and sustainable supply of critical raw materials (debate)
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 (108)
Amendment 3 #
Proposal for a regulation
Recital 1
Recital 1
(1) Access to sufficient amounts of raw materials is essential for the Union’s green transition, 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 especially 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 properly, increased demand for critical raw materials could lead to negative environmental and, social impactand human rights impacts, especially considering the rights of indigenous peoples. Considering these trends, it is necessary to take measures to ensure access to a secure andsupply and manage sustainably the supply and use of critical raw materials to safeguard the Union's economic resiliencea sustainable future globally and open strategic autonomy for the Union.
Amendment 11 #
Proposal for a regulation
Recital 2
Recital 2
(2) Given the complexity, supply risks and the transnational character of critical raw material value chains and the scarcity of materials, uncoordinated national measures to ensure a secure, sufficient and sustainable supply of critical raw materials have a high potential of distorting competition and fragmenting the internal market. Therefore, to safeguard the functioning of the internal market, a common Union framework should be created to collectively address this central challenge.
Amendment 15 #
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 growing supply risks by strengtheningminimise negative environmental and social consequences and to build the resilience of Union towards external influence and shocks, that framework should include measures to decrease the Union's growing demand of critical raw materials by prevention of wasteful consumption of these scarce resources and prioritising all circular solutions. Secondly, the Union’s capacities along all stages of the strategic raw materials value chain, including extractionrecycling, processing and recycling,extraction should be strenthened towards benchmarks defined for each strategic raw material. Secon, without prejudice to fundamental environmental safeguards. Thirdly, 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. ThirdFourthly, is necessary to provide measures to reinforce the Union’s ability to monitor and mitigate existing and future supply risks. Fourifthly, the framework should contain measures to increase the circularity and sustainability of the criticalfacilitate stakeholder involvement in the strategic raw materials consumedvalue chain in the Union and in third countries.
Amendment 32 #
Proposal for a regulation
Recital 6
Recital 6
(6) To strengthen Union capacities along the strategic raw materials value chain, benchmarks should be set to guide efforts and track progress. The aim should be to decrease unnecessary demand as much as possible and increase capacities for each strategic raw material at each stage of the value chain, while aiming to achieve overall capacity benchmarks for extraction, processing and recycling of strategic raw materials. Firstdemand reduction, recycling, processing and extraction of strategic raw materials. Firstly, the Union should prioritise avoiding wasteful consumption and use all circular solutions possible. It is mandatory for sustainablity and for strategic autonomy of the Union that in the coming decades a growing share of the Union's consumption of strategic raw materials can be covered by secondary raw materials. Therefore, Union recycling capacity should be able to produce at least +7,5% volume for each strategic raw material and at least 20 % of the Union’s annual consumption of each strategic raw material. Secondly, the Union should increase the use of its own geological resources of strategic raw materials and build up capacity to allow it to extract the materials needed to produce at least 10 % of the Union's consumption of strategic raw materials. Keeping in mind that extraction capacity is highly dependent on the availability of Union geological resources, the achievement of this benchmark is dependent on such availability. SeconThirdly, in order to build a full value chain and prevent any bottlenecks at intermediate stages, the Union should in addition increase its processing capacity along the value chain and be able to produce at least 40 % of its annual consumption of strategic raw materials. Thirdly, it is expected that in the coming decades a growing share of the Union's consumption of strategic raw materials can be covered by secondary raw materials, which would improve both the security and the sustainability of the Union’s raw materials supply. Therefore, Union recycling capacity should be able to produce at least 15 % of the Union’s annual consumption of strategic raw materials. These benchmarks refer to the 2030 time horizon, in alignment with the Union's climate and energy targets set under Regulation (EU) 2021/1119 of the European Parliament and of the Council29 and the digital targets under the Digital Decade30 , which they underpin. Furthermore, quality jobs, including skills development and job-to-job transitions, willmust address risks in the sectoral labour market and help ensure the EU’s competitiveness in line with the European Pillar of Social rights. _________________ 29 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (OJ L 243, 9.7.2021, p. 1). 30 Decision (EU) 2022/2481 of the European Parliament and of the Council of 14 December 2022 establishing the Digital Decade Policy Programme 2030 (OJL 323, 19.12.2022, p. 4–26 )
Amendment 38 #
Proposal for a regulation
Recital 8
Recital 8
(8) It is necessary to put in place appropriate measures to support Strategic Projects aimed at the extracnd efforts aimed at the reduction of wasteful consumption, circular solution, processing or recyclingextraction of strategic raw materials in the Union that should, together with Member State efforts, contribute to increasing capacities towards the benchmarks. Commission should facilitate the promotion and dissemination of best practices implemented by individual Member States. Other measures, notably onfor example exploration or circularity, should also contribute to the reinforcement of different stages of the value chain and thereby contribute to the achievement of the benchmarks. To ensure that the benchmarks are met in time, the Commission, with the help of the European Critical Raw Materials Board (‘the Board’) should track and report progress towards the benchmarks. In case the reported progress towards the benchmarks is generally insufficient, the Commission should assess the feasibility and proportionality of additional measures, especially in the case of demand reduction and circularity. A lack of progress only on a single or small set of strategic raw material should in principle not trigger the need for additional Union efforts.
Amendment 43 #
(9) In order to build capacities in the Union, the Commission should, with the support of the Board, identify Strategic Projects in the Union that intend to become active in the extractionrecycling, processing or recyclingextraction of strategic raw materials, while prioritising avoiding wasteful consumption. Effective support to Strategic Projects has the potential to improve access to materials for downstream sectors as well as to create economic opportunities along the value chain, including for SMEs, and contribute to the creation of employment. Therefore, to ensure the development of Strategic Projects across the Union, such projects should benefit from streamlined and predictable permitting procedures and support in gaining access to finance. In order to focus support and ensure their added value, projects should, before receiving such support, be assessed against a set of criteria. Strategic Projects in the Union should strengthen the Union's security of supply for strategic raw materials, show sufficient technical feasibility and be implemented in anthe best possible environmentally and socially sustainable manner. They should alsoStrategic Projects should not take place in areas included in the Natura 2000 network nor involve extraction of critical raw materials from the seabed. They should also respect the views and rights of local communities, especially indigenous peoples. In addition, they should provide cross- border benefits beyond the Member State concerned. Where the Commission assesses these criteria to be fulfilled, it should publish the recognition as a Strategic Project in a decision. As a speedy recognition is key to effectively supporting the Union's security of supply, the assessment process should remain light and not overly burdensome.
Amendment 49 #
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 extractionrecycling, processing or recyclingextraction of strategic raw materials. To ensure that such Strategic Projects are effectively implemented, they should benefit from improved access to finance. 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 sustainablyecologically and socially sustainably. Labour laws and the wishes and rights of local people should be respected and guaranteed, especially those of indigenous peoples. 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 the Union’s common commercialinternational commitments and common policyies. 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. Where the Commission assesses these criteria to be fulfilled, it should publish the recognition as a Strategic Project in a decision.
Amendment 56 #
Proposal for a regulation
Recital 11
Recital 11
(11) In order to ensure the sustainability of increased raw material production, new raw materials projects should be implemented sustainably. 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 international agreements, the EU principles for sustainable raw materials31, including ensuring environmental protection, socially responsible practices, including respect for human rights such as the rights of indigenious peoples andwomen, and transparent business practices. Projects should also ensure engagement in good faith as well as comprehensive and meaningful consultations with local communities, includingespeciallywith indigenous peoples. To provide project promoters with a clear and efficient way of complying with this criterion, compliance with relevant Union legislation, international standards, guidelines and principles or participation in a certification scheme recognised under this Regulation should be considered sufficient, while ensuring monitoring of activities. _________________ 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 68 #
Proposal for a regulation
Recital 16
Recital 16
(16) In light of their importance for ensuring the security of supply of strategic raw materials, Strategic Projects should be considered to be in the public interest. Ensuring the security of supply of strategic raw materials is of crucial importance especially for the success of the green and digital transitions as well as the resilience of the defence and space sectors. To contribute towards security of supply of strategic raw materials in the Union, Member States may provide for support in national permit granting procedures to speed up the realisation of Strategic Projects in accordance with Union law.
Amendment 73 #
Proposal for a regulation
Recital 19
Recital 19
Amendment 80 #
Proposal for a regulation
Recital 23
Recital 23
(23) In order to provide project promoters and other investors with the security and clarity needed to increase development of Strategic Project, Member States should ensure that the permit granting process related to such projects does not exceed pre-set time limit. However, the current limits in administrative capacity in Member States must be considered, while also taking into account the time needed to train new qualified administrative workers. For Strategic Projects involving only processing or recycling, the length of the permit granting process should not exceed 1 year. However, for Strategic Projects that involve extraction the length of the permit granting process should, considering the complexity and extent of the potential impacts involved, not exceed 2 years. To effectively achieve those time limits, Member States should ensure that the responsible authorities have sufficient resources and personnel. Through the Technical Support Instrument, the Commission supports Member States, upon their request, in designing, developing and implementing reforms including the strengthening the administrative capacity related to national permitting.
Amendment 84 #
Proposal for a regulation
Recital 24
Recital 24
(24) The environmental assessments and authorisations required under Union law, including in relation to water, habitats and birds, are an integressential part of the permit granting process for a raw material project and an essential safeguard to ensure that negative environmental impacts are prevented or minimised. However, in order to ensure that the permit granting processes for Strategic Projects are predictable and timely, any potential to streamline the required assessments and authorisations while not loweringensuring that the level of environmental protection should be realised. In that regard, it should be ensured thatis not negatively affected. In that regard, the necessary assessment are bundled to prevent unnecessary overlap and it should be ensured that project promoters and responsible authorities explicitly agree on the scope of the bundled assessment before it is implemented to prevent unnecessary follow-up, without prejudice to the quality of those assessments.
Amendment 88 #
Proposal for a regulation
Recital 25
Recital 25
(25) Land use conflicts can create barriers to the deployment of critical raw material projects. Well-designed plans, including spatial plans and zoning, that take into account the potential for implementing critical raw material projects and whose potential environmental impacts are assessed, have the potential to help balance public goods and interests, decreasing the risk of conflict and accelerating the sustainable deployment of raw materials projects in the Union. Responsible national, regional and local authorities should therefore consider including provisions for raw materials projects when developing relevant plans with close co-operation with the local communities to ensure public acceptance of critical raw material projects.
Amendment 107 #
Proposal for a regulation
Recital 41
Recital 41
(41) Most critical raw materials are metals, which can be in principle endlessly recycled, albeit with sometimes deteriorating qualities. This offers the potential to move to a truly circular economy in the context of the green transition. After an initial phase of rapid growth of demand for critical raw material for new technologies, where primary extraction and processing will still constitute the predominant source, recycling should become increasingly important and reduce the need for primary extraction and its associated impactsIncreasing circularity should be a top priority in order to reduce the negative environmental and social effect of extraction, boost Union’s startegic autonomy and to create new sustainable quality jobs in the Union. Today, however, recycling rates of most critical raw materials are low, and recycling systems and technologies are often not adapted to the specificities of these raw materials. AThus, immediate and robust action addressing the different factors holding back the circularity potential is thus required.
Amendment 111 #
Proposal for a regulation
Recital 42
Recital 42
(42) Member States retain important competences in the field of circularity, for example in the area of waste collection and treatment systems. These should be used to, but coordinated efforts are needed to ensure a sufficient, secure and sustainable supply of critical raw materials in the Union. Member States should as a priority put in place policies to avoid wasteful consumption, increase collection and recycling rates for waste streams with a high potential for recovery of critical raw materials, making use for example of financial incentives such as discounts, monetary rewards or deposit-refund systemall possible economic instruments and information tools. Member State authorities should also make a difference as buyers of critical raw materials and of products containing them, and national research and innovation programmes provide significant resources to increase the state of knowledge and technology for critical raw materials circularity as well as material efficiency to the highest extent. Finally, Member States should promote the recovery of critical raw materials from extractive waste by improving the availability of information and by addressing legal, economic and technical barriers. One possible solution that Member States should look into are risk-sharing mechanisms between operators and the Member State to promote recovery from closed waste facilities. The Commission should monitor the actions of Member States, benchmark and disseminate best practices and give recommendations for further actions for Members States, where appropriate.
Amendment 118 #
Proposal for a regulation
Recital 43
Recital 43
(43) The Union has, in many of its regions, a legacy of raw materials extraction and thus substantial amounts of extractive waste on closed facilities which, due to their only recent rise in economic importance, have generally not been analysed for critical raw materials potential. The recovery of critical raw materials from extractive waste facilities has the potential to avoid negative social and environmental effect of new extractive activities, create economic value and employment in historical mining regions, which are often affected by deindustrialisation and decline. The lack of attention to, and information on critical raw materials content, especially on closed waste facilities, constitutes a key barrier to greater use of the critical raw materials potential of extractive waste and overcoming it should be a key priority for the Union.
Amendment 125 #
Proposal for a regulation
Recital 48
Recital 48
(48) A precondition for effective magnet recycling is forsustainable and circular use of magnets is for all repairers and recyclers to have access to the necessary information on the amount, type and chemical composition of magnets in a product, their location and the coating, glues and additives used, as well as information on how to remove the permanent magnets from the product. In addition, to ensure a business case for magnet recycling, permanent magnets incorporated in products placed on the Union market should, over time, contain an increasing amount of recycled materials. While providing transparency on the recycled content in a first stage, a minimum content of recycled content should be set after a dedicated assessment of the appropriate level and likely impacts.
Amendment 131 #
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 confusionmisleading or confusing consumers 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 implementingdelegated 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 stakeholders involved, sustainability aspects, including environmental protection, human rights including labour rights and businessindigenous peoples rights, labour rights, sustainable business practices and transparency, and which contain provisions for 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 sustainablyavoid misleading or confusing market participants, only the use of recognised certification schemes should be allowed in the Union market.
Amendment 134 #
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 of the Union and in third countries, in alignment with the Union’s international commitments, 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 mayshould 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 156 #
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 15+7,5% volume for each strategic raw material, and at least 20 % of the Union's annual consumption of each strategic raw materials.
Amendment 164 #
Proposal for a regulation
Article 1 – paragraph 2 – point a – point iii a (new)
Article 1 – paragraph 2 – point a – point iii a (new)
(iiia) Union demand rise of strategic raw materials is reduced at least 10%.
Amendment 191 #
Proposal for a regulation
Article 2 – paragraph 1 – point 12 a (new)
Article 2 – paragraph 1 – point 12 a (new)
(12a) ‘Wasteful consumption’ means such consumption of critical raw materials which can be avoided by using alternative policies, technologies or consumption models, without inflicting significant economic burden for natural or legal persons or by endangering the health of natural persons.
Amendment 207 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) the project would be planned and implemented sustainably both during and after operation and be in alignment with the precationary principle, in particular as regards: (i) the monitoring, prevention and minimisation of environmental impacts, the use of socially responsible practices including respect of human and labour rights, quality jobs potential and meaningful engagement with local communities and relevant social partners, and to water, air and soil, while minimizing negative effects for biodiversity and maximizing resource efficiency, where the project shall include mandatory environmental impacts assesments. (ii) the project shall not be located in areas belonging to the Natura 2000 network nor involve extraction of strategic raw materials from the seabed; (iii) the use of socially responsible practices including respect of human and labour rights in accordance to, but not limited to, European pillar of Social Rights, Declaration of the International Labour Organisation on Fundamental Principles and Rights at Work and the International Bill of Human Rights and where special attention shall be given to indigenous peoples, in accordance to International Labour Organisation Convention 169, United Nations Declaration on the Rights of Indigenous Peoples and Article 27 of International Convention of Civil and Political Rights; (iv) quality jobs potential and meaningful engagement with relevant social partners and local communities, including the free, prior and informed consent of those communities. (v) the use of transparent business practices with adequate compliance policies to prevent and minimise risks of adverse impacts on the proper functioning of public administration, including corruption and bribery; and to this end, the project promoter shall not have previous significant violations of Union law or laws of a third country, particularly in the field of environment and human rights;
Amendment 259 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 296 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. For Strategic Projects only involving processing or recycling, the lack of comprehensive decision by the national competent authority referred to in Article 8(1) within the applicable time limits referred to in paragraphs 1 and 2 shallmay result in the relevant permit granting application to be considered as approved, except in those cases where the specific project requires an environmental impact assessment pursuant to Council Directive 92/43/EEC or Directives 2000/60/EC, 2008/98/EC, 2009/147/EC 2010/75/EU, 2011/92/EU or 2012/18/EU or a determination of whether such environmental impact assessment is necessary and the relevant assessments have not yet been carried out.
Amendment 307 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
The national competent authority referred to in Article 8(1) shall ensure that the public concerned is consulted according to article 8 of Directive 2011/92/EU and that the opinion referred to in the first subparagraph is issued as soon as possible and within a period of time the aim of not exceeding 30 days from the date on which the project promoter submitted its request. In cases falling under the second sub-paragraph of Article 10(3) of this Regulation, this period shall be assessed on a case-by-case basis.
Amendment 312 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2 a (new)
Article 11 – paragraph 1 – subparagraph 2 a (new)
The Commission shall publish common guidelines for national authorities pursuant to this paragraph.
Amendment 324 #
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 3
Article 11 – paragraph 2 – subparagraph 3
Under the joint procedure referred to in the first subparagraph, the national competent authority referred to in Article 8(1) shallmay provide for a single assessment of the environmental impact of a particular project required by the relevant Union legislation if the combination of assesments does not affect their quality and level of detail.
Amendment 329 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The national competent authority referred to in Article 8(1) shall ensure that the authorities concerned issue the reasoned conclusion referred to in Article 1(2), point (g)(iv) of Directive 2011/92/EU on the environmental impact assessment of a Strategic Project within three months of receiving all necessarynd validating the sufficiency and quality of all necessary information prepared and submitted by the developer and other information gathered pursuant to Articles 5, 6 and 7 of that Directive and completing the consultations referred to in Articles 6 and 7 of that Directive.
Amendment 335 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. TIn the case of Strategic Projects, 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 longshorter than 90 days in the case of Strategic Projects. : (a) 30 days for projects involving only recycling. (b) 60 days for projects involving only processing or recycling and processing. (c) 90 days for projects involving extraction.
Amendment 355 #
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 shallmay be combined. Where relevant, this combined assessment shallmay 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 shallmay also be covered by the combined assessment. The combination of assessments pursuant to this paragraph shall not affect their quality and level of detail.
Amendment 360 #
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 421 #
Proposal for a regulation
Article 25 – title
Article 25 – title
National measures on circularity and demand reduction
Amendment 425 #
Proposal for a regulation
Article 25 – paragraph 1 – introductory part
Article 25 – paragraph 1 – introductory part
1. Each Member State shall by [OP please insert: 3 year18 months after the date of entry into force of this Regulation] adopt and implement national programmes containing measures designed to:
Amendment 431 #
(a) In line with Article 4 of Directive 2018/851/EU, increase the collection of waste with high critical raw materials recovery potential and ensure their introduction into the appropriate recycling system, with a view to maximisings, including preparation for re-use, with a view to maximising the lifespan of products and the availability and quality of recyclable material as an input to critical raw material recycling facilities;
Amendment 437 #
Proposal for a regulation
Article 25 – paragraph 1 – point a a (new)
Article 25 – paragraph 1 – point a a (new)
(aa) evaluate and monitor potential wasteful consumption of critical raw materials and implement policies to minimize it in line with the Union's demand reduction target pursuant to Article 1(2), point (a), point (iii a);
Amendment 443 #
Proposal for a regulation
Article 25 – paragraph 1 – point b
Article 25 – paragraph 1 – point b
(b) increase thewaste prevention, the repair and re-use of products and components with high critical raw materials recovery potential, including through second life assessment requirements for equipment and components containing critical raw materials;
Amendment 451 #
Proposal for a regulation
Article 25 – paragraph 1 – point c
Article 25 – paragraph 1 – point c
(c) increase the use of secondary critical raw materials in manufacturing and promote the refurbishment of products, including, where appropriate, by takprioritising recycled content into accouand the possibility of refurbishment in award criteria related to public procurement;
Amendment 454 #
Proposal for a regulation
Article 25 – paragraph 1 – point c a (new)
Article 25 – paragraph 1 – point c a (new)
(ca) increase the use of critical raw materials recovered from extractive waste or those extracted from closed or abandoned waste facilities, including, where appropriate, by prioritising these critical raw material streams in award criteria related to public procurement;
Amendment 462 #
Proposal for a regulation
Article 25 – paragraph 1 – point e
Article 25 – paragraph 1 – point e
(e) ensure that their workforce is equipped with the skills needed to support circularity of the critical raw materials value chain in alignment with European Pillar of Social Rights.
Amendment 465 #
Proposal for a regulation
Article 25 – paragraph 1 – point e a (new)
Article 25 – paragraph 1 – point e a (new)
(ea) promote 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 472 #
Proposal for a regulation
Article 25 – paragraph 1 – point e b (new)
Article 25 – paragraph 1 – point e b (new)
(eb) ensure that citizens and companies are informed on means to contribute to points (a) to (b).
Amendment 473 #
Proposal for a regulation
Article 25 – paragraph 1 – point e c (new)
Article 25 – paragraph 1 – point e c (new)
(ec) ensure that citizens, civil society, social partners, academia and industry are included in the preparations of the national programmes under this paragraph.
Amendment 474 #
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
1a. National programmes shall be reviewed regularly, at least every 4 years, assessing in particular policy options and technological and other relevant developments in order to improve the programmes pursuant to objectives laid out in paragraph 1.
Amendment 475 #
Proposal for a regulation
Article 25 – paragraph 1 b (new)
Article 25 – paragraph 1 b (new)
Amendment 482 #
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 2
Article 25 – paragraph 2 – subparagraph 2
With respect to points (a) andto (b) of paragraph 1, the programmes referred to in that paragraph may include, without prejudice to Articles 107 and 108 of the TFEU, the introduction of financial incentiveseconomic instruments including, but not limited to, those listed in Annex IVa of Directive 2008/98/EC, such as taxes, discounts, monetary penalties, rewards or deposit- refund systems, to encourage lowering demand and increasing the re-use of products with high critical raw materials recovery potential and the collection of waste from such products.
Amendment 490 #
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Each Member State shall by [OP please insert: 42 years after the date of entry into force of this Regulation] adopt and implement measures to promote the recovery of critical raw materials from extractive waste, in particular from closed waste facilities identified in the database created in accordance with Article 26 as containing potentially economically recoverable critical raw materials.
Amendment 492 #
Proposal for a regulation
Article 25 – paragraph 3 a (new)
Article 25 – paragraph 3 a (new)
Amendment 502 #
Proposal for a regulation
Article 25 – paragraph 7 – subparagraph 1
Article 25 – paragraph 7 – subparagraph 1
The Commission shall adopt implementingdelegated acts specifying a list of products, components and, waste streams and policy options that shall at least be considered as having a high critical raw materials recovery, re-use or demand reduction potential within the meaning of paragraph 1 (a) andto (b).
Amendment 507 #
Proposal for a regulation
Article 25 – paragraph 7 – subparagraph 2 – point a
Article 25 – paragraph 7 – subparagraph 2 – point a
(a) the total amount of critical raw materials recoverable and reusable from those products, components and waste streams:
Amendment 509 #
Proposal for a regulation
Article 25 – paragraph 7 – subparagraph 2 – point c
Article 25 – paragraph 7 – subparagraph 2 – point c
(c) regulatory gaps; solutions, including counterproductive incentives or lack of incentives;
Amendment 510 #
Proposal for a regulation
Article 25 – paragraph 7 – subparagraph 2 – point d
Article 25 – paragraph 7 – subparagraph 2 – point d
(d) particular challenges affecting their collection, preparation for reuse and waste treatment;
Amendment 512 #
Proposal for a regulation
Article 25 – paragraph 7 – subparagraph 2 – point e a (new)
Article 25 – paragraph 7 – subparagraph 2 – point e a (new)
(ea) best practices in Member states to minimize wasteful consumption.
Amendment 513 #
Proposal for a regulation
Article 25 – paragraph 7 – subparagraph 3
Article 25 – paragraph 7 – subparagraph 3
The implementingdelegated acts referred to in the first subparagraph shall be adopted in accordance with the examination procedure referred to in Article 37(3)6.
Amendment 519 #
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. Operators obliged to submit waste management plans in accordance with Article 5 of Directive 2006/21/EC shall provide to the competent authority as defined in Article 3 of Directive 2006/21/EC a preliminary environmental and economic assessment study regarding the potential recovery of critical raw materials from:
Amendment 526 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The study referred to in paragraph 1 shall at least include an estimationinclude measurements of the quantities and concentrations of critical raw materials contained in the extractive waste and in the extracted volume and an assessment of their technical and economic recoverability. Where measurement is not practicable, operators shall use calculation. Where neither measurement nor calculation is practicable, operators may obtain the data by estimation. The study shall specify methods used to define the quantities and concentrations of critical raw materials.
Amendment 533 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. Operators of existing waste facilities shall submit the study referred to in paragraph 1 to the competent authority as defined in Article 3 of Directive 2006/21/EC by [OP please insert: 32 years after the date of entry into force of this Regulation]. Operators of new waste facilities shall submit this study to the competent authority when submitting their waste management plans in accordance with Article 5 of Directive 2006/21/EC.
Amendment 537 #
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
5. The database referred to in paragraph 4 shall be put in place by [OP please insert: 1 year9 months after the date of entry into force of this Regulation] and all information completed by [OP please insert: 32 years after the date of entry into force of this Regulation]. It shall be made available in a publicly accessible and digital form and updated at least every 2 years to incorporate additional available information and newly closed or newly identified facilities.
Amendment 538 #
Proposal for a regulation
Article 26 – paragraph 6 – point a
Article 26 – paragraph 6 – point a
(a) for all closed waste facilities, Member States shall comprehensively review the available permitting files by [OP please insert: 1 year9 months after the date of entry into force of this Regulation];
Amendment 542 #
Proposal for a regulation
Article 26 – paragraph 6 – point b
Article 26 – paragraph 6 – point b
(b) for such waste facilities where available information does not a priori exclude the presence of potentially economically recoverable quantities of critical raw materials, Member States shall additionally conduct, by [OP please insert: 2 year18 months after the date of entry into force of this Regulation], a representative geochemical sampling;
Amendment 544 #
Proposal for a regulation
Article 26 – paragraph 6 – point c
Article 26 – paragraph 6 – point c
(c) for such waste facilities where the activities described under points (a) and (b) of this paragraph have indicated potentially economically recoverable quantities of critical raw materials, Member States shall additionally carry out, by [OP please insert: 32 years after the date of entry into force of this Regulation], a more detailed analysis involving core logging or equivalent techniques, where this is environmentally sound in accordance with applicable environmental requirements at Union level and with the requirements of Directive 2006/21/EC where relevant.
Amendment 552 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. The Commission shall adopt an implementing acts establishing the format for the labelling and defining a competent authority liable for the compliance of products sold in the Union market referred to in paragraph 1. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 37(3).
Amendment 554 #
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. From [OP please insert: 3 years after the date of entry into force of this Regulation], any natural or legal person, including in case of distance selling, that places on the market products referred to in paragraph 1 incorporating one or more permanent magnets of the types referred in paragraph 1, point (b), points (i) to (iii), shall ensure that a data carrier is present on or in the product.
Amendment 558 #
Proposal for a regulation
Article 27 – paragraph 7 – subparagraph 2
Article 27 – paragraph 7 – subparagraph 2
The information referred to in paragraph 4 shall refer to the product model or, where the information differs between units of the same model, to a particular batch or unit. The information referred to in paragraph 4 shall be accessible to independent repairers, refurbishers, recyclers, market surveillance authorities and customs authorities.
Amendment 561 #
Proposal for a regulation
Article 27 – paragraph 10
Article 27 – paragraph 10
10. PAny natural or legal person that places on the market products primarily designed for defence or space applications shall be exempted fromonly inform the relevant national authorities of the requirements pursuant tof this Article. The information pursuant to this paragraph shall not be public.
Amendment 563 #
Proposal for a regulation
Article 27 – paragraph 11
Article 27 – paragraph 11
Amendment 568 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. From either [OP please insert: 32 years after the date of entry into force of this Regulation] or 2 years after the entry into force of the delegated act referred to in paragraph 2, whichever is later, any natural or legal person that places on the market products referred to in Article 27(1) which incorporate one or more permanent magnets referred to in Article 27(1), point (b)(i) to (iii) and for which the total weight of all such permanent magnets exceeds 0.2 kg shall make publicly available on a free access website the share of neodymium, dysprosium, praseodymium, terbium, boron, samarium, nickel and cobalt recovered from post-consumer waste present in the permanent magnets incorporated in the product.
Amendment 571 #
Proposal for a regulation
Article 28 – paragraph 2 – subparagraph 1
Article 28 – paragraph 2 – subparagraph 1
By [OP please insert: 2 year18 months after the date of entry into force of this Regulation], the Commission shall adopt a delegated act in accordance with Article 36 to supplement this Regulation by establishing rules for the calculation and verification of the share of neodymium, dysprosium, praseodymium, terbium, boron, samarium, nickel and cobalt recovered from manufacturing waste or post-consumer waste present in the permanent magnets incorporated in the products referred to in paragraph 1.
Amendment 576 #
Proposal for a regulation
Article 28 – paragraph 3 – subparagraph 1
Article 28 – paragraph 3 – subparagraph 1
Amendment 579 #
Proposal for a regulation
Article 28 – paragraph 3 – subparagraph 3 – point f a (new)
Article 28 – paragraph 3 – subparagraph 3 – point f a (new)
(fa) the effective and potential contribution of a minimum share to the creation of quality jobs in the Union.
Amendment 582 #
Proposal for a regulation
Article 28 – paragraph 5 – subparagraph 2
Article 28 – paragraph 5 – subparagraph 2
Natural and legal persons placing on the market products referred to in paragraph 1 shall not provide or display labels, marks, symbols or inscriptions that are likely to mislead or confuse customers with respect to the information referred to in paragraph 1. PAny natural or legal person that places on the market products primarily designed for defence or space applications shall be exempted fromonly inform the relevant national authority the requirements pursuant tof this Article. The information pursuant to the previous sentence shall not be public.
Amendment 585 #
Proposal for a regulation
Article 28 – paragraph 6
Article 28 – paragraph 6
Amendment 588 #
Proposal for a regulation
Article 29
Article 29
Amendment 593 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
Governments or multistakeholder- 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 596 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2
Article 29 – paragraph 1 – subparagraph 2
Applications referred in the first subparagraph shall contain any relevant evidence related to the fulfilment of the criteria laid down in Annex IV. The Commission shall be empowered to adopt implementingdelegated acts specifying the information that applications shall at least contain. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 37(3)6.
Amendment 599 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Where, on the basis of the evidence provided pursuant to the paragraph 1, the Commission determines that a certification scheme meets the criteria laid down in Annex IV, it shall adopt an implementingdelegated act granting that scheme a recognition. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 37(3)6.
Amendment 600 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. The Commission shall periodicallyat least every two years verify that recognised schemes continue to fulfil the criteria laid down in Annex IV.
Amendment 604 #
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. Owners of recognised schemes shall inform the Commission without delay ofand the public prior to any changes or updates made to recognised schemes. The Commission shall assess whether such changes or updates affect the basis for the recognition and take appropriate action.
Amendment 605 #
Proposal for a regulation
Article 29 – paragraph 4 a (new)
Article 29 – paragraph 4 a (new)
4a. The Commission shall establish a portal where stakeholders can submit feedback of the recognised schemes or evidence or information of cases where economic operators implementing a recognised scheme have failed to fulfil the requirements of that scheme.There shall be a possibility to submit information to the Portal anonymously. Each website of a recognised scheme shall contain a link to the Portal pursuant to the first paragraph on a visible place on its front page. The Commission shall be empowered to adopt implementing acts specifying the modalities of the Portal. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 37(3).
Amendment 606 #
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
5. If there is evidence of repeated or significant cases where economic operators implementing a recognised scheme have failed to fulfil the requirements of that scheme, the Commission shall examine, in consultation with the public concerned and the owner of the recognised scheme, whether those cases indicate deficiencies in the scheme affecting the basis for the recognition and take appropriate action.
Amendment 608 #
Proposal for a regulation
Article 29 – paragraph 6
Article 29 – paragraph 6
6. Where the Commission identifies deficiencies in a recognised scheme affecting the basis for the recognition, it may grantshall withdrawing the recognition of the scheme. After remedial action, the scheme owner anmay appropriate perly again for the recognitiodn of time to take remedial actionhe scheme pursuant to paragraph 1 of this Article.
Amendment 614 #
Proposal for a regulation
Article 29 – paragraph 7
Article 29 – paragraph 7
7. Where the scheme owner fails or refuses to take the necessary remedial action, and where the Commission has determined that the deficiencies referred to in paragraph 6 mean that the scheme no longer fulfils the criteria laid down in Annex IV, the Commission shall adopt an implementing act withdrawing the recognition of the scheme. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 37(3).
Amendment 617 #
Proposal for a regulation
Article 29 – paragraph 8
Article 29 – paragraph 8
8. The Commission shall establish and keep up-to-date a register of recognised schemes, including information of schemes of which recognition has been withdrawn. That register shall be made publicly available on a free access website.
Amendment 618 #
Proposal for a regulation
Article 29 – paragraph 8 a (new)
Article 29 – paragraph 8 a (new)
8a. [OP please insert: 1 years after the date of entry into force of this Regulation], natural and legal persons placing on the market critical raw materials shall only refer to certification schemes related to the sustainability of critical raw materials that have been recognised by the Commission pursuant to this Article.
Amendment 624 #
Proposal for a regulation
Article 29 – paragraph 8 b (new)
Article 29 – paragraph 8 b (new)
8b. A company’s membership in a recognised certification scheme shall not exempt it from its obligations under this Regulation, Union, national and International law.
Amendment 626 #
Proposal for a regulation
Article 30 – paragraph -1 (new)
Article 30 – paragraph -1 (new)
-1. By January 2025, the Commission shall present a report to the European Parliament and to the Council in which it shall examine the feasibility, environmental, social and economic impacts of the establishing rules for the calculation and verification of the environmental footprint for different critical raw materials. The Commission shall regularly, at least every 4 years, present an updated version of the report reflecting developments in science, technology and international standards.
Amendment 629 #
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 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 is the most important impact category. The footprint declaration shall be limited to that impact category for different critical raw materials, including but not limited to carbon footprint, impact on biodiversity, water consumption and waste disposal.
Amendment 640 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. The Commission mayshall adopt calculation and verification rules for a specific critical raw material if it has concluded, having considered the various relevant environmental impact categories, that the critical raw material in question has a significant environmental footprint and that therefore an obligation to declare the environmental footprint of that material regarding the most important impact category, when placing it on the market, is necessary and proportionate toproportionate and contributes to climate and environmental objectives of the Union and third countribute to the Union’ses, in alignment with the Unions international climate and environmental objectivescommitments, by facilitating the supply of critical raw materials with lower environmental footprint.
Amendment 643 #
Proposal for a regulation
Article 30 – paragraph 3 – point -a (new)
Article 30 – paragraph 3 – point -a (new)
(-a) how such criteria will impact projects and undertakings in the Union, notably circularity and recycling undertakings;
Amendment 644 #
Proposal for a regulation
Article 30 – paragraph 3 – point a
Article 30 – paragraph 3 – point a
(a) wThether and how the Union’s added value of adopting rules pursuant to paragraph 2 to the critical raw material in question and its impact in achieving climate and environmental objectives are already being achieved through oin ther Union legislation applicable to the critical raw material in questionand internationally;
Amendment 646 #
Proposal for a regulation
Article 30 – paragraph 3 – point b
Article 30 – paragraph 3 – point b
(b) the existence and uptake of relevant international standards and guidelines, or the prospects of agreeing on such standards at international level, as well as sustainable practices on the market, including the voluntary schemes recognised pursuant to Article 29;
Amendment 649 #
Proposal for a regulation
Article 30 – paragraph 3 – point c
Article 30 – paragraph 3 – point c
(c) the effectiveness of strategic partnerships, strategic projects, trade agreements, international climate and environmental agreements and other international instruments and outreach conducted by the Union in achieving the Union’sclimate and environmental objectives of the Union and third countries, in alignment with the Unions international climate and environmental objectivecommitments.
Amendment 651 #
Proposal for a regulation
Article 30 – paragraph 4 – point a – point i
Article 30 – paragraph 4 – point a – point i
(i) all relevant stakeholders, such as industry including downstream industry, SMEs and, where relevant, the craft industry, social partners, traders, retailers, importers, environmental protection groups andnon- governmental organisations promoting human health and environmental protection, consumer organisations and academia;
Amendment 654 #
Proposal for a regulation
Article 30 – paragraph 4 – point a – point iii a (new)
Article 30 – paragraph 4 – point a – point iii a (new)
(iiia) the European Environmental Agency;
Amendment 655 #
Proposal for a regulation
Article 30 – paragraph 4 – point a – point iii b (new)
Article 30 – paragraph 4 – point a – point iii b (new)
(iiib) the European Chemicals Agency;
Amendment 656 #
Proposal for a regulation
Article 30 – paragraph 4 – point a a (new)
Article 30 – paragraph 4 – point a a (new)
(aa) The European Scientific Advisory Board on Climate Change established under Article 10a of Regulation (EC) No 401/2009 (the "Advisory Board") shall be provided a possibility to participate to the consultation pursuant to point (a) of this paragraph and it may, dependent on its own work programme and choice, take part with the purpose of providing scientific advice.
Amendment 763 #
Proposal for a regulation
Annex IV – paragraph 1 – point -a (new)
Annex IV – paragraph 1 – point -a (new)
(-a) the standards of the schemes have been developed by a government or a multistakeholder consortium that includes parties from different interest groups including, but not limited to, industry, workers, academia, civil society and communities, especially those of indigenous peoples;
Amendment 767 #
Proposal for a regulation
Annex IV – paragraph 1 – point b – point i
Annex IV – paragraph 1 – point b – point i
(i) requirements ensuring environmentally sustainable practices before, during and after closure of operation, including requirements ensuring environmental management and impact mitigation; to prevent, or where not applicaple, to minimize damage to habitats, wildlife, flora and ecosystems;
Amendment 772 #
Proposal for a regulation
Annex IV – paragraph 1 – point b – point i a (new)
Annex IV – paragraph 1 – point b – point i a (new)
(ia) requirements prohibiting exploration or extraction from seabed or from areas belonging to the Natura 2000 network;
Amendment 781 #
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;, indigenous rights and labour rights in line with, but not limited to, International Labour Organisation Convention 169, United Nations Declaration on the Rights of Indigenous Peoples, OECD Guidelines for Multinational Enterprises and the UN Guiding Principles on Business and Human Rights, including the principles and rights set out in the eight fundamental conventions identified in the Declaration of the International Labour Organisation on Fundamental Principles and Rights at Work and the International Bill of Human Rights.
Amendment 790 #
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 794 #
Proposal for a regulation
Annex IV – paragraph 1 – point b – point iii a (new)
Annex IV – paragraph 1 – point b – point iii a (new)
(iiia) requirements ensuring public participation and access to information practices before, during and after closure of operation;
Amendment 816 #
Proposal for a regulation
Annex IV – paragraph 1 – point d a (new)
Annex IV – paragraph 1 – point d a (new)
(da) it includes an on-site audit with in- person consultation with relevant stakeholders including, but not limited to, civil society, workers, trade unions and local communities, especially indigenous peoples;
Amendment 822 #
Proposal for a regulation
Annex IV – paragraph 1 – point d b (new)
Annex IV – paragraph 1 – point d b (new)
(db) it includes audit reports that are made available in a transparent and extensive manner;
Amendment 824 #
Proposal for a regulation
Annex IV – paragraph 1 – point d c (new)
Annex IV – paragraph 1 – point d c (new)
(dc) it includes grievance mechanisms according to the United Nations Guiding Principles on Business and Human Right;
Amendment 832 #
(a) relative importance of different impacts, including their relative importance for meeting Unionclimate and environmental impacts in the Union and in third countries, in alignment with the Union's international climate and environmental impaccommitments;
Amendment 837 #
Proposal for a regulation
Annex V – Part 8 – paragraph 1
Annex V – Part 8 – paragraph 1
Depending on the distribution of the values of the environmental footprint declarations placed on the internal market, a meaningful number of classes of performance shall be identified, with category A being the best class with the lowest life cycle impact, to allow for market differentiation. The identification of the threshold for each class of performance, as well as their width, will be based on the distribution of performances of the relevant critical raw materials placed on the market in the previous 3 years, the expectand other identified technological improvements, and other technical factors to be identiffactors that affect the environmental impact of ongoing activitieds.
Amendment 838 #
Proposal for a regulation
Annex V – Part 8 – paragraph 2
Annex V – Part 8 – paragraph 2
The Commission shall review the number of performance classes and the thresholds between them at least every 3 years or when relevent technological developments occur in order to keep them representative of the market reality and its expected development.