Activities of Franc BOGOVIČ related to 2023/0079(COD)
Plenary speeches (2)
Framework for ensuring a secure and sustainable supply of critical raw materials (debate)
Framework for ensuring a secure and sustainable supply of critical raw materials (debate)
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 (163)
Amendment 1 #
Proposal for a regulation
Recital 1
Recital 1
(1) Access to raw materials is essential for the Union economy and, green transition, security and defence, as well as 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 and strategic. 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. Further raw materials used in other sectors such as, amongst others, agriculture, health or construction, might be exposed to high supply risks in the future. 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 regional and local, environmental 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, green transition, security and defence and open strategic autonomy.
Amendment 6 #
Proposal for a regulation
Recital 2
Recital 2
(2) Given the complexity and the transnational character of critical raw material value chains, uncoordinated national measures to ensure a secure and sustainable supply of critical and strategic 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 7 #
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 and dependence by strengthening Union capacities along all stages of the critical and 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, the framework should especially focus on candidate and neighbouring countries, rich in critical and strategic raw materials to ensure better future cooperation, regional and local development and smaller environmental footprint by shortening transport lines. Fourthly, it is necessary to provide measures to reinforce the Union’s ability to identify, monitor and mitigate existing and future supply risks. Four and rapidly act accordingly. Fifthly, the framework should contain measures to increase the circularity and sustainability of the critical raw materials consumed in the Union.
Amendment 10 #
Proposal for a regulation
Recital 4
Recital 4
(4) In order to ensure that the measures set out in the Regulation focus on the most relevant materials, a list of strategic raw materials and a list of critical raw materials should be established. Those lists should also serve to guide and coordinate Member States’ efforts to contribute to the realisation of the aims of this Regulation. The list of strategic raw materials should contain raw materials that are of high strategic importance, taking into account their use in strategic technologies underpinning the green and digital transitions or for defence or space applications, as well as for health and food security that are characterised by a potentially significant gap between global supply and projected demand, and for which an increase in production is relatively difficult, for instance due to long lead-times for new projects increasing supply capacity. To take account of possible technological and economic changes as well as ad-hoc risks resulting from i.e. geopolitical conflicts or natural catastrophes, the list of strategic materials should be periodically reviewed and, if necessary, updated. In order to ensure that efforts to increase the Union capacities along the value chain, reinforce the Union’s capacity to monitor and mitigate supply risks and increase diversification of supply are focusedUpon request by the Board, amendments to the list should also be possible at any time outside onf the materials for which they are most needed, the relevant measures should only apply to the list of strategic raw materialscheduled reviews.
Amendment 11 #
Proposal for a regulation
Recital 5
Recital 5
(5) The list of critical raw materials should contain all strategic raw materials as well as any other raw materials of high importance for the overall Union economy and for which there is a high risk of supply disruption. To take account of possible technological and economic changes, the Commission should, in continuation of current practice, periodically perform an assessment based on data for production, trade, applications, recycling, and substitution for a wide range of raw materials to update the lists of critical and strategic raw materials reflecting the evolution in the economic importance and supply risk associated with those raw materials. The list of critical raw materials should include those raw materials which reach or exceed the thresholds for both economic importance and supply risk, without ranking the relevant raw materials in terms of criticality. This assessment should be based on an average of the latest available data over a 5-year-period. The measures set out in this Regulation related to one stop shop for permitting, planning, exploration, monitoring, circularity, access to finance and administrative support and sustainability should apply to all critical raw materials.
Amendment 15 #
Proposal for a regulation
Recital 7
Recital 7
(7) For some raw materials, the Union is almost fully dependent on a single country for its supply. Such dependencies entail a high risk of supply disruptions, security risks and vulnerability. To limit such potential risk and increase the Union’s economic resilience, efforts should be undertaken to ensure that, by 2030, it is not dependent on a single third country for more than 65% of its supply of any strategic or critical raw material, unprocessed and at any stage of processing, giving however special consideration to countrieandidate, neighbouring and other countries and regions with whom the Union has established a Strategic Partnership on raw materials giving rise to greater assurances regarding supply risks.
Amendment 16 #
Proposal for a regulation
Recital 9
Recital 9
(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 extraction, processing or recycling of strategic raw materials. 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, regional and local communities, 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, which could, if proven successful, be a role model for permitting procedures and access to finance for critical or other raw materials. 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 an environmentally and socially sustainable manner. They should also 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 18 #
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 candidate, neighbouring and 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 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 shouldand especially in candidate and neighbouring countries should contribute to the strengthening of the Union's security of supply for strategic raw materials, show sufficient technical feasibility and be implemented sustainably in such a way as to contribute to the development of regional and local communities. For projects in emerging markets and developing economies, the project should be mutually beneficial for the Union and the third country involved an. If needed, the EU will support candidate, neighbouring or third countries in reinforcing their legal framework, good governance capacity and transparency in the raw materials sector with the aim of making the raw material partnership a win-win situation, also for the local population. A project should add value in that country, taking into account also its consistency with the principles enshrined in the EU Treaties, the Union’s common commercial policy and strategic priorities. Such value may be derived from the project’s contribution to more than one stage of the raw materials 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 21 #
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 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, as well as transparent business practices. Projects should alsos well boost social, economic and territorial cohesion, also by creating employment opportunities for under-represented and socially disadvantaged groups, ensure engagement in good faith as well as comprehensive and meaningful consultations with regional and local communities, including with 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. _________________ 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 26 #
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 severalrelevant 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 acceptance. This is also valid for projects in candidate, neighbouring and third countries. Special attention should be paid to social partners, civil society and, other oversight actors as well as local and regional authorities. 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 37 #
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, based on close cooperation of authorities on national, regional and local level, 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 and in candidate, neighbouring and third countries. Responsible national, regional and local authorities should therefore consider including provisions for raw materials projects when developing relevant plans.
Amendment 42 #
Proposal for a regulation
Recital 26
Recital 26
(26) Within the Union, critical raw materials projects often face difficulties with access to finance. Critical raw materials markets are often characterised by high volatility of prices, long lead times, high concentration and opacity. Additionally, financing for the sector requires a high level of expert knowledge that is often lacking among financial institutions. To overcome these factors and contribute towards ensuring a stable and reliable supply of strategic raw materials, Member States and the Commission should tackle hurdles in terms of policies and assist in access to finance and administrative support.
Amendment 44 #
Proposal for a regulation
Recital 28
Recital 28
(28) In order to overcome the limitations of the currently often fragmented public and private investments efforts, facilitate integration and return on investment, the Commission, Member States and promotional banks should better coordinate and create synergies between the existing funding programmes at Union and national level as well as ensure better coordination and collaboration with industry and key private sector stakeholders. To that end, a dedicated sub-group of the Board bringing together experts from the Member States and the Commission as well as relevant public financial institutions should be set up. This sub-group should discuss the individual financing needs of Strategic Projects and their existing funding possibilities in order to provide project promoters with a suggestion on how to best access existing financing possibilities. When discussing and making recommendations for the financing of Strategic Projects in candidate, neighbouring and third countries, the Board should in particular take into account the Global Gateway strategy42 and strategic partnerships and accession agreements. _________________ 42 Joint Communication to the European Parliament, the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank The Global Gateway (JOIN/2021/30 final).
Amendment 45 #
Proposal for a regulation
Recital 29
Recital 29
(29) Private investment by companies, financial investors and off takers is essential. Where private investment alone is not sufficient, the effective roll-out of projects along the critical raw material value chain may require public support, for example in the form of guarantees, loans or equity and quasi-equity investments. This public support may constitute State aid. Such aid must have an incentive effect and be necessary, appropriate and proportionate. The existing State aid guidelines, which have recently undergone an in-depth revision in line with twin transition objectives, provide ample possibilities to support investments along the critical raw materials value chain subject to certain conditions. The Commission and the Member States should clarify how State Aid rules could be used. Furthermore, they should introduce financial mechanisms that support existing and new industrial capacities along the critical raw materials value chain covering both operational and capital expenditure. The Commission should further explore the possibility of a dedicated fund on EU level, for example in the form of a European Fund for Raw Materials or the earmarking of financial support under a new fund that is not dedicated to raw materials alone.
Amendment 47 #
Proposal for a regulation
Recital 34
Recital 34
(34) Although the reinforcement of the Union’s critical raw materials value chain is necessary to ensure increased security of supply, the supply chains of critical raw materials will remain global and exposed to external factors. Recent or ongoing events ranging from the COVID-19 crisis to the unprovoked and unjustified military aggression against Ukraine underlined the vulnerability of some of the Union’s supply chains to disruptions. In order to ensure that Member States and European industries are able to anticipate supply disruption and be prepared to withstand their consequences, measures should be developed to increase monitoring capacity, exchange information, coordinate strategic stocks, where necessary, and reinforce the preparedness of companies.
Amendment 51 #
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 and re-use should become increasingly important and reduce the need for primary extraction and its associated impacts. 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. Action addressing the different factors holding back the circularity potential is thus required.
Amendment 54 #
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 create economic value and employment in historical mining regions, which are often affected by deindustrialisation and decline. The lack of attention to, and positively contribute to the further development of regional and local communities concerned, which are often affected by deindustrialisation and decline that deepen regional disparities and inequalities. The lack of attention to social and economic aspects and information as such 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 also for territorial cohesion.
Amendment 60 #
Proposal for a regulation
Recital 46
Recital 46
(46) To address the current lack of information on the critical raw materials potential of closed extractive waste facilities, Member States should draw up a database containing all information relevant to promote the recovery, notably the quantities and concentrations of critical raw materials in the extractive waste facility, in compliance with Union competition rules. The information should be made publicly available and in a user- friendly and digital form, enabling access to more detailed, technical information. To facilitate user-friendly access to the information, Member States, local and regional authorities should for instance provide a point of contact to enable more in-depth exchanges with potential developers of critical raw materials recovery projects. The database should be designed to allow potential project promoters to easily identify facilities with a high potential for economically viable recovery. To focus on limited resources, Member States should follow a staged approach in the collection of information and perform the more demanding information collection steps only for the most promising facilities. The information collection activities should be aimed at providing accurate and representative information on the extractive waste facilities and gaining the best possible indication of the critical raw materials recovery potential.
Amendment 63 #
Proposal for a regulation
Recital 54
Recital 54
(54) The Union has concluded Strategic Partnerships covering raw materials with third countries in order to implement the 2020 Action Plan on Critical Raw Materials. In order to diversify supply, these efforts should continue. To develop and ensure a coherent framework for the conclusion of future partnerships, the Member States and the Commission should, as part of their interaction on the Board, discuss and ensure coordination on, inter alia, whether existing partnerships achieve the intended aims, the prioritisation of third countries for new partnerships, the content of such partnerships and their coherence and potential synergies between Member States' bilateral cooperation with relevant third countries. The Union should seek mutually beneficial partnerships with emerging market and developing economies, in coherence with its Global Gateway strategy, which contribute to the diversification of its raw materials supply chain as well as add value in the production in these countries. Further effort must also be paid to cooperation and coordination with international partners, as well as Members of the European Free Trade Association, countries participating in the internal market or candidate and neighbouring countries.
Amendment 65 #
Proposal for a regulation
Recital 54 a (new)
Recital 54 a (new)
(54a) When prioritising the new partnerships with candidate, neighbouring and third countries, specific attention should be paid to human rights, conflict-resolution and regional stability.
Amendment 79 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The general objective of this Regulation is to improve the functioning of the internal market by establishing a framework to ensure the Union's access to a secure and sustainable supply of critical and strategic raw materials.
Amendment 81 #
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 stepscovering the preparation for recycling stage from collection, to sorting and pre-treatment, is able to produce at least 15% of the Union's annual consumption of strategic raw materials.
Amendment 82 #
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) As part of the report referred to in Article 1 paragraph 3, the Commission is required to publish its methodology for calculating and reporting on these benchmarks. A mechanism should be developed to ensure that all materials are treated equally.
Amendment 88 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Where, based on the report referred to in Article 42, the Commission concludes that the Union is likely not to achieve the objectives set out in paragraph 2, it shall assess, in close cooperation with relevant stakeholders, the feasibility and proportionality of proposing measures or exercising its powers at Union level in order to ensure the achievement of those. In this regard the Commission shall allow for a certain level of flexibility to best reflect the uniqueness of the value chain of the raw material targeted, as each material has specific properties and challenges associated with its sourcing, processing and recycling. It should focus on maintaining existing capacities and supporting them. An open and constant dialogue between industry and policymakers should be encouraged to identify benchmarks that are both technically and economically feasible, as well as in line with the EU’s objectives.
Amendment 90 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘exploration’ means all activities aimed at identifying and establishing the properties of mineral occurrences, including the development of new extraction and processing technologies, exploration drilling campaigns, and launching pilot plants;
Amendment 95 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28
Article 2 – paragraph 1 – point 28
(28) ‘key market operators’ means producers involved in the exploration, extraction, processing or recycling of critical raw materials, traders and distributors of critical raw materials, and downstream companies consuming significant amounts of critical raw materials;
Amendment 99 #
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
An updated list of strategic raw materials shall include, from among the raw materials assessed, the raw materials that score among the highest in terms of strategic importance, forecasted demand growth and difficulty of increasing production. The strategic importance, projected demand growth and difficulty of developing or increasing production shall be determined in accordance with Annex I, Section 2.
Amendment 100 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. The Commission shall use a transparent and clearly defined methodology for the assessment of materials to be included in the strategic raw materials list, including through the use of technical factsheets, similar to the methodology applied to the critical raw materials list. Future strategic materials lists should be accompanied by an impact assessment of existing EU legislation and the impact it has on materials on those lists.
Amendment 101 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The Commission shall review and, if necessary, update the list of strategic raw materials by [OP please insert: fourthree years after the date of entry into force of this Regulation], and every 4 four years thereafterthree (3) years thereafter. Upon request by the Board, based on monitoring and stress testing in accordance with this Regulation, if needed the Commission shall review or update the list at any time outside of these scheduled reviews.
Amendment 104 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The Commission shall review and, if necessary, update the list of critical raw materials by [OP please insert: fourthree years after the date of entry into force of this Regulation], and every 4 four years thereafterthree (3) years thereafter. Upon request by the Board, based on monitoring and stress testing in accordance with this Regulation, if needed the Commission shall review or update the list at any time outside of these scheduled reviews.
Amendment 106 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. The status of critical and strategic raw materials shall be considered in all EU legislation where materials are directly or indirectly impacted both in general, product specific, and substance specific legislation.
Amendment 107 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the project would make a meaningful contribution to the security of the Union's supply of strategiccritical and strategic raw materials and to the Union’s supply of products manufactured from critical - raw materials;
Amendment 110 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) the project would be implemented sustainably, in particular as regards 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 regional and local communities and relevant social partners, and 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;
Amendment 111 #
(1) Access to raw materials is essential for the Union economy and, green transition, security and defence, as well as 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 and strategic. 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 properly, increased demand for critical raw materials could lead to negative regional and local, environmental 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, green transition, security and defence and open strategic autonomy.
Amendment 113 #
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) for projects in the Union, the establishment, operation or production of the project would have cross-border benefits beyond the Member State concerned, including for downstream sectors, as well as regional and local communities;
Amendment 116 #
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) for projects in candidate, neighbouring and third countries that are emerging markets or developing economies, the project would be mutually beneficial for the Union and the third country concerned by adding value in that country.
Amendment 118 #
3a. Where relevant, the Commission should consider the feasibility of complementary infrastructural strategic projects that have the potential to facilitate and improve transport and communication related to the raw materials strategic projects, as well as generally contribute to better regional and local development and greater social acceptability of the raw materials strategic project and social inclusion, while taking into consideration also environmental issues.
Amendment 119 #
Proposal for a regulation
Recital 2
Recital 2
(2) Given the complexity and the transnational character of critical raw material value chains, uncoordinated national measures to ensure a secure and sustainable supply of critical and strategic 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 119 #
Proposal for a regulation
Article 5 – paragraph 3 b (new)
Article 5 – paragraph 3 b (new)
3b. When introducing obligations, for example certification schemes and environmental footprint requirements, a balanced approach is necessary to allow industry to comply with these obligations while guaranteeing a level playing field between EU and non-EU companies.
Amendment 120 #
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 and dependence by strengthening Union capacities along all stages of the critical and 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, framework should especially focus on candidate and neighbouring countries, rich in critical and strategic raw materials to ensure better future cooperation, regional and local development and smaller environmental footprint by shortening transport lines. Fourthly, it is necessary to provide measures to reinforce the Union’s ability to identify, monitor and mitigate existing and future supply risks. Fourifthly, the framework should contain measures to increase the circularity and sustainability of the critical raw materials consumed in the Union.
Amendment 122 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) a timetable for the implementation of the project, including, where provided by the competent national authority, an overview of the permits required for the project and the status of the corresponding permit granting process;
Amendment 126 #
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, the establishment of recurrent communication channels with the regional and local communities and organisations, including social partners, the implementation of awareness-raising and information campaigns and the establishment of mitigation and compensation mechanisms;
Amendment 130 #
Proposal for a regulation
Article 6 – paragraph 1 – point g
Article 6 – paragraph 1 – point g
(g) an estimate of the project’s potential for quality job creation and the project’s needs in terms of skilled workforce as well as upskilling and reskilling, using social procurement clause, whenever possible, focusing on creation of employment opportunities for under-represented and socially disadvantaged groups, especially in regions that face challenges in this sense.
Amendment 134 #
Proposal for a regulation
Article 6 – paragraph 5 – subparagraph 1
Article 6 – paragraph 5 – subparagraph 1
Where the Member State whose territory is concerned by a proposed project objects to granting the proposed project strategic status, having consulted local and regional authorities concerned, it shall present substantiated reasons for doing so during the discussion referred to in paragraph 4. The Board shall discuss the substantiated reasons presented by a Member State for its objection. If, after the discussion, the Member State maintains its objection, the project shall not be considered for the status of Strategic Project.
Amendment 136 #
Proposal for a regulation
Article 6 – paragraph 6 – subparagraph 2
Article 6 – paragraph 6 – subparagraph 2
The Commission's decision shall be reasoned, including, where applicable, where it is different from the Board's opinion. The Commission shall share its reasons with the Board, the competent authority in the Member States, as well as with the project promoter.
Amendment 138 #
Proposal for a regulation
Article 6 – paragraph 8
Article 6 – paragraph 8
8. Where the Commission finds that a Strategic Project no longer fulfils the criteria set out in Article 5(1) or where its recognition was based on an application containing incorrect information, it may, taking into account the opinion of the Board and the responsible project promoter, repeal the decision granting a project the status of Strategic Project.
Amendment 140 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Strategic Projects shall be considered to contribute to the security of supply of strategic raw materials in the Union. Member States shall ensure that strategic projects are given high priority as a public interest or public security concern.
Amendment 147 #
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. The responsibilities of the national competent authority referred to in paragraph 1 or the tasks related to it may be delegated to, or carried out by, another authority, in particular a relevant local or regional authority, for each critical raw material projects, provided that:
Amendment 150 #
Proposal for a regulation
Article 8 – paragraph 8 – point b
Article 8 – paragraph 8 – point b
(b) where relevant, propose to the Commission guidelines for the implementation of this Section to be taken into account by national competent authorities referred to in paragraph 1.;
Amendment 151 #
Proposal for a regulation
Article 8 – paragraph 8 – point b a (new)
Article 8 – paragraph 8 – point b a (new)
(ba) share and discuss best practices including from other relevant mining regions in order to ensure structured and predictable formats.
Amendment 153 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Without prejudice to obligations provided for in Union law, Strategic Projects in the Union shall be granted the status of the highest national significance possible, where such a status exists in national law, and be treated accordingly in the permit granting processes, including building, chemical and grid connection permits and environmental assessments and authorisations where these are required, and encompassing all administrative applications and procedures, also including applications for public funding.
Amendment 154 #
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 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 regional or local communities would be respected. Project promoters of Strategic Projects shall participate in such urgency procedure, where applicable.
Amendment 156 #
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. For Strategic Projects in the Union that had entered in the permit granting process before being granted the status of Strategic Project and for expansion projects of operations already granted with a permit, the duration of the remaining steps of the permit granting process after the project is granted strategic status shall, in derogation from paragraph 1, not exceed:
Amendment 157 #
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 threewo months of receiving all necessary 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 158 #
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 930 days in the case of Strategic Projects.
Amendment 160 #
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. If a municipality has active/abandoned mines, known historical mining activities, mineralized bedrock, mineral deposits verified by a member states geological survey or a company that performs exploration/mining activities, the local authorities should prioritize exploration activities and mining projects in the area. Priority shall be given to artificial and built surfaces, industrial sites, brownfield sites, and, where appropriate, greenfield sites not usable for agriculture and forestry.
Amendment 163 #
Proposal for a regulation
Recital 7
Recital 7
(7) For some raw materials, the Union is almost fully dependent on a single country for its supply. Such dependencies entail a high risk of supply disruptions, security risks and vulnerability. To limit such potential risk and increase the Union’s economic resilience, efforts should be undertaken to ensure that, by 2030, it is not dependent on a single third country for more than 65% of its supply of any strategic or critical raw material, unprocessed and at any stage of processing, giving however special consideration to countrieandidate, neighbouring and other countries and regions with whom the Union has established a Strategic Partnership on raw materials giving rise to greater assurances regarding supply risks.
Amendment 165 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission and the Member States as well as the local and regional authorities concerned shall undertake activities to accelerate and crowd-in private investments in Strategic Projects. Such activities may, without prejudice to Article 107 and Article 108 of the TFEU, include providing and coordinating support to Strategic Projects facing difficulties in accessing finance.
Amendment 170 #
Proposal for a regulation
Article 14 – paragraph 2 – point b a (new)
Article 14 – paragraph 2 – point b a (new)
(ba) predictable, regular, and clear communication to the project promoter as to administrative delays and obstacles in the permitting process, including the reasons for such delays.
Amendment 171 #
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. By July 2024, an online portal shall be established to share clearly and transparently what public financing investors can access, including what amount is available, in which jurisdictions, what form the financing will take (for example, grants, tax credits, Contracts for Difference or loan guarantees) and the process for applying. This should include domestic and international financing options.
Amendment 172 #
Proposal for a regulation
Recital 9
Recital 9
(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 extraction, processing or recycling of strategic raw materials. 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, regional and local communities, 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 an environmentally and socially sustainable manner. They should also 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 172 #
1b. The standing sub-group referred to in Article 35(6) shall 2 years after entry into force provide a report describing obstacles to access to finance and recommendations to facilitate access to finance for Raw Materials Projects through the European Investment Bank Group and relevant Union funding and financing programs as well as state aid.
Amendment 173 #
Proposal for a regulation
Article 15 – paragraph 1 c (new)
Article 15 – paragraph 1 c (new)
1c. For any new future EU-level funding sources established with a link to the Green Deal Industrial Plan, the European Commission shall include a formal link to the Critical Raw Materials Act and ensure sufficient finance is allocated for supporting Europe’s strategic projects.
Amendment 174 #
Proposal for a regulation
Article 16 – title
Article 16 – title
Facilitating cooperation and off-take agreements
Amendment 175 #
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 candidate, neighbouring and 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 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 and especially in candidate and neighbouring countries should strengthen the Union's security of supply for strategic raw materials, show sufficient technical feasibility and be implemented sustainably in such a way as to contribute to the development of regional and local communities. 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 commercial policy and strategic priorities. 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 175 #
Proposal for a regulation
Article 16 – paragraph 2 – point a
Article 16 – paragraph 2 – point a
(a) the volume and quality of strategic raw materials they intend to purchase;
Amendment 176 #
Proposal for a regulation
Article 16 – paragraph 3 – introductory part
Article 16 – paragraph 3 – introductory part
3. The system referred to in paragraph 1 shall allow project promoters of Strategic Praw material projects to make offers indicating:
Amendment 177 #
Proposal for a regulation
Article 16 – paragraph 3 – point a
Article 16 – paragraph 3 – point a
(a) the volume and quality of strategic raw materials for which they are seeking to conclude off-take agreements;
Amendment 178 #
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Based on the bids and offers received pursuant to paragraph 2 and 3, the Commission shall bring project promoters of Strategic Praw materials projects in contact with potential off-takers relevant for their project.
Amendment 181 #
Proposal for a regulation
Article 18 – paragraph 5 – subparagraph 1
Article 18 – paragraph 5 – subparagraph 1
Member States shall make the information on their mineral occurrences containing critical raw materials gathered through the measures set out in the national programmes referred to in paragraph 1 publicly available on a free access website while preserving commercially sensitive information. This information shall, where applicable, include the classification of the identified occurrences using the United Nations Framework Classification for Resources.
Amendment 182 #
Proposal for a regulation
Article 19 – paragraph 1 – point d
Article 19 – paragraph 1 – point d
(d) Union and global production and production capacities at different stages of the value chain whether current or potential.
Amendment 183 #
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2a. The Commission shall protect European critical and strategic raw materials’ production from unfair trade practices by maintaining and strengthening trade defense measures, in order to ensure a level playing field. The EU should prioritise establishing WTO- compliant incentives to ensure a level playing field globally. These could take the form of consumer incentives for sustainable European raw materials or support to manufacture more advanced facilities.
Amendment 184 #
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 1
Article 19 – paragraph 3 – subparagraph 1
The Commission, in collaboration with the national authorities participating in the standing sub-group referred to in Article 35(6), point (c), shall ensure that a stress test is performed for each strategic and critical raw material’s supply chain at least every three years. To that end, the standing sub-group referred to in Article 35(6), point (c) shall coordinate and divide the implementation of stress tests for the different strategic and critical raw materials by the different participating authorities.
Amendment 185 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
Amendment 186 #
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 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 the child, and transparent business practices. Projects should also ensure engagement in good faith as well as comprehensive and meaningful consultations with regional andlocal communities, including with 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. _________________ 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 194 #
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 acceptance. Special attention should be paid to social partners, civil society and, other oversight actors as well as local and regional authorities. 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 197 #
Proposal for a regulation
Article 25 – paragraph 1 – point a
Article 25 – paragraph 1 – point a
(a) increase the collection of waste, sorting and processing of waste and metal scraps and end-of-life products with high critical raw materials recovery, as well as its re-use and repair 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 198 #
Proposal for a regulation
Article 25 – paragraph 1 – point b
Article 25 – paragraph 1 – point b
(b) increase the re-use, refurbishing, remanufacturing, and repurposing of products and components with high critical raw materials recovery potential;
Amendment 213 #
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 regional and local communities, industry including downstream industry, SMEs and, where relevant, the craft industry, social partners, traders, retailers, importers, environmental protection groups and consumer organisations;
Amendment 216 #
Proposal for a regulation
Article 33 – paragraph 1 – introductory part
Article 33 – paragraph 1 – introductory part
1. The Board shall periodically discussat least once a year discuss and no longer than one (1) year after entry into force of this regulation publish a strategy report on the EU’s strategic partnerships, outlining:
Amendment 218 #
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 and strategic raw materials value chain between the Union and partner countries;
Amendment 221 #
Proposal for a regulation
Article 33 – paragraph 1 – point b
Article 33 – paragraph 1 – point b
(b) the coherence and potential synergies between Member States’ bilateral cooperation with relevant candidate, neighbouring and third countries and the actions carried out by the Union in the context of Strategic Partnerships;
Amendment 222 #
Proposal for a regulation
Article 33 – paragraph 1 – point c – introductory part
Article 33 – paragraph 1 – point c – introductory part
(c) which candidate, neighbouring and third countries should be prioritised for the conclusion of Strategic Partnerships, taking into account the following criteria:
Amendment 226 #
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 ensures the monitoring, prevention and minimisation of environmental impacts, the use of socially responsible practices including respect of human and labour rights and meaningful engagement with regional and local communities, 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 228 #
Proposal for a regulation
Recital 28
Recital 28
(28) In order to overcome the limitations of the currently often fragmented public and private investments efforts, facilitate integration and return on investment, the Commission, Member States and promotional banks should better coordinate and create synergies between the existing funding programmes at Union and national level as well as ensure better coordination and collaboration with industry and key private sector stakeholders. To that end, a dedicated sub-group of the Board bringing together experts from the Member States and the Commission as well as relevant public financial institutions should be set up. This sub-group should discuss the individual financing needs of Strategic Projects and their existing funding possibilities in order to provide project promoters with a suggestion on how to best access existing financing possibilities. When discussing and making recommendations for the financing of Strategic Projects in candidate, neighbouring and third countries, the Board should in particular take into account the Global Gateway strategy42and strategic partnerships and accession agreements. _________________ 42 Joint Communication to the European Parliament, the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank The Global Gateway (JOIN/2021/30 final).
Amendment 228 #
Proposal for a regulation
Article 33 – paragraph 1 – point c – point iii
Article 33 – paragraph 1 – point c – point iii
(iii) whether there are existing cooperation agreements between a candidate, neighbouring or third country and the Union and, for emerging markets and developing economies, the potential for the deployment of Global Gateway investment projects.
Amendment 229 #
Proposal for a regulation
Article 33 – paragraph 1 – point c – point iv a (new)
Article 33 – paragraph 1 – point c – point iv a (new)
(iva) for candidate and neighbouring countries, whether and how a partnership in a sphere of critical and strategic raw materials could contribute to local value addition and would be mutually beneficial for the partner country and the Union.
Amendment 230 #
Proposal for a regulation
Article 33 – paragraph 1 – point c – point iv b (new)
Article 33 – paragraph 1 – point c – point iv b (new)
(ivb) whether a candidate, neighbouring or third country demonstrates alignment with European values.
Amendment 231 #
Proposal for a regulation
Article 33 – paragraph 2 a (new)
Article 33 – paragraph 2 a (new)
2a. The Board should advise on possible new strategic partnerships with candidate, neighbouring or third countries.
Amendment 232 #
Proposal for a regulation
Article 33 – paragraph 2 b (new)
Article 33 – paragraph 2 b (new)
2b. The Board shall seek cooperation and coordination with international partners, as well as States of the European Free Trade Association, countries participating in the internal market or candidate countries.
Amendment 233 #
Proposal for a regulation
Article 33 – paragraph 2 c (new)
Article 33 – paragraph 2 c (new)
2c. Following the identification of strategic projects with candidate, neighbouring and third countries, the Board shall rapidly establish structured communication with the Strategic Partnerships countries to identify the modalities of cooperation, relevant stakeholders and procedures.
Amendment 234 #
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 candidate, neighbouring and third countries and the Union's non-binding Strategic Partnerships with candidate, neighbouring and third countries, whose scope at least includes critical raw materials value chain;
Amendment 235 #
Proposal for a regulation
Article 33 – paragraph 3 a (new)
Article 33 – paragraph 3 a (new)
3a. The Commission shall integrate a critical and strategic raw materials component in existing and future international agreements.
Amendment 239 #
Proposal for a regulation
Article 35 – paragraph 4 a (new)
Article 35 – paragraph 4 a (new)
4a. The Board shall ensure regular coordination and collaboration with industry and key private sector stakeholders, as well as with representatives of candidate, neighbouring and third countries and relevant local and regional authorities.
Amendment 245 #
Proposal for a regulation
Article 35 – paragraph 7 – subparagraph 2
Article 35 – paragraph 7 – subparagraph 2
Where appropriate, the Board may invite expertrepresentatives of local and regional authorities, experts, industry and key private sector stakeholders, other third parties or representatives of candidate, neighbouring or 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 247 #
Proposal for a regulation
Article 35 – paragraph 9 a (new)
Article 35 – paragraph 9 a (new)
9a. The Board shall report annually to the European Parliament.
Amendment 248 #
Proposal for a regulation
Recital 34
Recital 34
(34) Although the reinforcement of the Union’s critical raw materials value chain is necessary to ensure increased security of supply, the supply chains of critical raw materials will remain global and exposed to external factors. Recent or ongoing events ranging from the COVID-19 crisis to the unprovoked and unjustified military aggression against Ukraine underlined the vulnerability of some of the Union’s supply chains to disruptions. In order to ensure that Member States and European industries are able to anticipate supply disruption and prepared to withstand their consequences, measures should be developed to increase monitoring capacity, exchange information, coordinate strategic stocks and reinforce the preparedness of companies.
Amendment 248 #
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – introductory part
Annex I – Section 1 – paragraph 1 – introductory part
The following raw materials shall be considered strategic, including their respective carrier metals and minerals with which these strategic raw materials are extracted and their ferroalloy form:
Amendment 249 #
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point a a (new)
Annex I – Section 1 – paragraph 1 – point a a (new)
(aa) Aluminium
Amendment 250 #
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point b
Annex I – Section 1 – paragraph 1 – point b
(b) Boron - metallurgy grade
Amendment 251 #
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point b a (new)
Annex I – Section 1 – paragraph 1 – point b a (new)
(ba) Chromium
Amendment 253 #
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point g
Annex I – Section 1 – paragraph 1 – point g
(g) Lithium - battery grade
Amendment 256 #
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point i
Annex I – Section 1 – paragraph 1 – point i
(i) Manganese - battery grade
Amendment 259 #
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point j
Annex I – Section 1 – paragraph 1 – point j
(j) Natural Graphite - battery grade
Amendment 261 #
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point k
Annex I – Section 1 – paragraph 1 – point k
(k) Nickel - battery grade
Amendment 264 #
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point n
Annex I – Section 1 – paragraph 1 – point n
(n) Silicon metal
Amendment 267 #
Proposal for a regulation
Annex I – Section 2 – point 1 – introductory part
Annex I – Section 2 – point 1 – introductory part
1. The strategic importance shall be determined based on the relevance of a raw material for the green and digital transition as well as defence and space applications, including raw materials enabling the production and processing of raw materials for the green and digital transition, as well as defence and space applications, and importance for medical and food security, taking into account:
Amendment 269 #
Proposal for a regulation
Annex II – Section 1 – paragraph 1 – point a a (new)
Annex II – Section 1 – paragraph 1 – point a a (new)
(aa) Aluminium
Amendment 270 #
Proposal for a regulation
Annex II – Section 1 – paragraph 1 – point g a (new)
Annex II – Section 1 – paragraph 1 – point g a (new)
(ga) Chromium
Amendment 272 #
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 create economic value and employment in historical mining regions and positively contribute to the further development of regional and local communities concerned, 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.
Amendment 277 #
Proposal for a regulation
Recital 46
Recital 46
(46) To address the current lack of information on the critical raw materials potential of closed extractive waste facilities, Member States should draw up a database containing all information relevant to promote the recovery, notably the quantities and concentrations of critical raw materials in the extractive waste facility, in compliance with Union competition rules. The information should be made publicly available and in a user- friendly and digital form, enabling access to more detailed, technical information. To facilitate user-friendly access to the information, Member States, local and regional authorities should for instance provide a point of contact to enable more in-depth exchanges with potential developers of critical raw materials recovery projects. The database should be designed to allow potential project promoters to easily identify facilities with a high potential for economically viable recovery. To focus limited resources, Member States should follow a staged approach in the collection of information and perform the more demanding information collection steps only for the most promising facilities. The information collection activities should be aimed at providing accurate and representative information on the extractive waste facilities and gaining the best possible indication of the critical raw materials recovery potential.
Amendment 287 #
Proposal for a regulation
Recital 54
Recital 54
(54) The Union has concluded Strategic Partnerships covering raw materials with third countries in order to implement the 2020 Action Plan on Critical Raw Materials. In order to diversify supply, these efforts should continue. To develop and ensure a coherent framework for the conclusion of future partnerships, the Member States and the Commission should, as part of their interaction on the Board, discuss and ensure coordination on, inter alia, whether existing partnerships achieve the intended aims, the prioritisation of third countries for new partnerships, the content of such partnerships and their coherence and potential synergies between Member States' bilateral cooperation with relevant third countries. The Union should seek mutually beneficial partnerships with emerging market and developing economies, in coherence with its Global Gateway strategy, which contribute to the diversification of its raw materials supply chain as well as add value in the production in these countries. Further effort must also be paid to cooperation and coordination with international partners, as well as States of the European Free Trade Association, countries participating in the internal market or candidate and neighbouring countries.
Amendment 307 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The general objective of this Regulation is to improve the functioning of the internal market by establishing a framework to ensure the Union's access to a secure and sustainable supply of critical and strategic raw materials.
Amendment 320 #
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 stepscovering the preparation for recycling stage from collection, to sorting and pre-treatment, is able to produce at least 15% of the Union's annual consumption of strategic raw materials.
Amendment 327 #
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) As part of the report referred to in paragraph 3, the Commission shall publish its methodology for calculating and reporting on these benchmarks. A mechanism shall be developed to ensure that all materials are treated equally.
Amendment 365 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Where, based on the report referred to in Article 42, the Commission concludes that the Union is likely not to achieve the objectives set out in paragraph 2, it shall assess the feasibility and proportionality of proposing measures or exercising its powers at Union level in order to ensure the achievement of those. The Commission shall allow for a certain level of flexibility to best reflect the uniqueness of the value chain of the raw material targeted, as each material has specific properties and challenges associated with its sourcing, processing and recycling. It shall focus on maintaining existing capacities and supporting them. An open and constant dialogue between industry and policymakers shall be encouraged to identify benchmarks that are both technically and economically feasible, as well as in line with the EU’s objectives.
Amendment 435 #
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
An updated list of strategic raw materials shall include, from among the raw materials assessed, the raw materials that score among the highest in terms of strategic importance, forecasted demand growth and difficulty of increasing production. The strategic importance, projected demand growth and difficulty of developing or increasing production shall be determined in accordance with Annex I, Section 2.
Amendment 439 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. The Commission shall use a transparent and clearly defined methodology for the assessment of materials to be included in the strategic raw materials list, including through the use of technical factsheets, similar to the methodology applied to the critical raw materials list. Future strategic materials lists shall be accompanied by an impact assessment of existing EU legislation and the impact that it has on materials on those lists.
Amendment 443 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The Commission shall review and, if necessary, update the list of strategic raw materials by [OP please insert: fourthree years after the date of entry into force of this Regulation], and every 4 fourthree years thereafter.
Amendment 462 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The Commission shall review and, if necessary, update the list of critical raw materials by [OP please insert: fourthree years after the date of entry into force of this Regulation], and every 4 fourthree years thereafter.
Amendment 471 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article4a The status of critical and strategic raw materials shall be considered in all EU legislation where materials are directly or indirectly impacted both in general, product specific, and substance specific legislation.
Amendment 474 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the project would make a meaningful contribution to the security of the Union's supply of strategiccritical and strategic raw materials and to the Union’s supply of products manufactured from critical - raw materials;
Amendment 486 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) the project would be implemented sustainably, in particular as regards 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 regional and local communities and relevant social partners, and 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;
Amendment 491 #
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) for projects in the Union, the establishment, operation or production of the project would have cross-border benefits beyond the Member State concerned, including for downstream sectors, as well as regional and local communities;
Amendment 500 #
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) for projects in candidate, neighbouring and third countries that are emerging markets or developing economies, the project would be mutually beneficial for the Union and the third country concerned by adding value in that country.
Amendment 505 #
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Where relevant, the Commission shall consider the feasibility of complementary infrastructural strategic projects that have the potential to facilitate and improve transport and communication related to the raw materials strategic projects, as well as generally contribute to better regional and local development and greater social acceptability of the raw materials strategic project and social inclusion, while taking into consideration also environmental issues.
Amendment 517 #
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, the establishment of recurrent communication channels with the regional and local communities and organisations, including social partners, the implementation of awareness-raising and information campaigns and the establishment of mitigation and compensation mechanisms;
Amendment 537 #
Proposal for a regulation
Article 6 – paragraph 5 – subparagraph 1
Article 6 – paragraph 5 – subparagraph 1
Where the Member State whose territory is concerned by a proposed project objects to granting the proposed project strategic status, having consulted local and regional authorities concerned, it shall present substantiated reasons for doing so during the discussion referred to in paragraph 4. The Board shall discuss the substantiated reasons presented by a Member State for its objection. If, after the discussion, the Member State maintains its objection, the project shall not be considered for the status of Strategic Project.
Amendment 576 #
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. The responsibilities of the national competent authority referred to in paragraph 1 or the tasks related to it may be delegated to, or carried out by, another authority, in particular a relevant local or regional authority, for each critical raw material projects, provided that:
Amendment 593 #
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 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 regional and local communities would be respected. Project promoters of Strategic Projects shall participate in such urgency procedure, where applicable.
Amendment 628 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission and the Member States as well as the local and regional authorities concerned shall undertake activities to accelerate and crowd-in private investments in Strategic Projects. Such activities may, without prejudice to Article 107 and Article 108 of the TFEU, include providing and coordinating support to Strategic Projects facing difficulties in accessing finance.
Amendment 650 #
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. By July 2024, an online portal shall be established to share clearly and transparently what public financing investors can access, including what amount is available, in which jurisdictions, what form the financing will take (for example, grants, tax credits, Contracts for Difference or loan guarantees) and the process for applying. This shall include domestic and international financing options.
Amendment 652 #
Proposal for a regulation
Article 15 – paragraph 1 b (new)
Article 15 – paragraph 1 b (new)
1b. The standing sub-group referred to in Article 35(6) shall 2 years after entry into force provide a report describing obstacles to access to finance and recommendations to facilitate access to finance for Raw Materials Projects through the European Investment Bank Group and relevant Union funding and financing programs as well as state aid.
Amendment 654 #
Proposal for a regulation
Article 15 – paragraph 1 c (new)
Article 15 – paragraph 1 c (new)
1c. For any new future EU-level funding sources established with a link to the Green Deal Industrial Plan, the European Commission shall include a formal link to the Critical Raw Materials Act and ensure sufficient finance is allocated for supporting Europe’s strategic projects.
Amendment 683 #
Proposal for a regulation
Article 18 – paragraph 5 – subparagraph 1
Article 18 – paragraph 5 – subparagraph 1
Member States shall make the information on their mineral occurrences containing critical raw materials gathered through the measures set out in the national programmes referred to in paragraph 1 publicly available upon a free access websitereasoned request. This information shall, where applicable, include the classification of the identified occurrences using the United Nations Framework Classification for Resources.
Amendment 701 #
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
Amendment 871 #
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 regional and local communities, industry including downstream industry, SMEs and, where relevant, the craft industry, social partners, traders, retailers, importers, environmental protection groups and consumer organisations;
Amendment 877 #
Proposal for a regulation
Article 33 – paragraph 1 – introductory part
Article 33 – paragraph 1 – introductory part
1. The Board shall periodically discussNo longer than one year after entry into force, the Board shall publish a strategy report on the EU’s strategic partnerships, outlining:
Amendment 886 #
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 and strategic raw materials value chain between the Union and partner countries;
Amendment 891 #
Proposal for a regulation
Article 33 – paragraph 1 – point b
Article 33 – paragraph 1 – point b
(b) the coherence and potential synergies between Member States’ bilateral cooperation with relevant candidate, neighbouring and third countries and the actions carried out by the Union in the context of Strategic Partnerships;
Amendment 894 #
Proposal for a regulation
Article 33 – paragraph 1 – point c – introductory part
Article 33 – paragraph 1 – point c – introductory part
(c) which candidate, neighbouring and third countries should be prioritised for the conclusion of Strategic Partnerships, taking into account the following criteria:
Amendment 901 #
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 ensures the monitoring, prevention and minimisation of environmental impacts, the use of socially responsible practices including respect of human and labour rights and meaningful engagement with regional and local communities, 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 905 #
Proposal for a regulation
Article 33 – paragraph 1 – point c – point iii
Article 33 – paragraph 1 – point c – point iii
(iii) whether there are existing cooperation agreements between a candidate, neighbouring or third country and the Union and, for emerging markets and developing economies, the potential for the deployment of Global Gateway investment projects.
Amendment 908 #
Proposal for a regulation
Article 33 – paragraph 1 – point c – point iv a (new)
Article 33 – paragraph 1 – point c – point iv a (new)
(iva) for candidate and neighbouring countries, whether and how a partnership in a sphere of critical and strategical raw materials could contribute to local value addition and would be mutually beneficial for the partner country and the Union.
Amendment 909 #
Proposal for a regulation
Article 33 – paragraph 1 – point c – point iv b (new)
Article 33 – paragraph 1 – point c – point iv b (new)
(ivb) whether a candidate, neighbouring or third country demonstrates alignment with European values.
Amendment 911 #
Proposal for a regulation
Article 33 – paragraph 2 a (new)
Article 33 – paragraph 2 a (new)
2a. The Board should advise on possible new strategic partnerships with candidate, neighbouring or third countries.
Amendment 912 #
Proposal for a regulation
Article 33 – paragraph 2 b (new)
Article 33 – paragraph 2 b (new)
Amendment 914 #
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 candidate, neighbouring and third countries and the Union's non-binding Strategic Partnerships with candidate, neighbouring and third countries, whose scope at least includes critical raw materials value chain;
Amendment 918 #
Proposal for a regulation
Article 33 – paragraph 3 a (new)
Article 33 – paragraph 3 a (new)
3a. The Commission shall integrate a critical and strategical raw materials component in existing and future international agreements.
Amendment 931 #
Proposal for a regulation
Article 35 – paragraph 4 a (new)
Article 35 – paragraph 4 a (new)
4a. The Board shall ensure regular coordination and collaboration with industry and key private sector stakeholders, as well as with representatives of candidate, neighbouring and third countries and relevant local and regional authorities.
Amendment 947 #
Proposal for a regulation
Article 35 – paragraph 7 – subparagraph 2
Article 35 – paragraph 7 – subparagraph 2
Where appropriate, the Board may invite expertrepresentatives of local and regional authorities, experts, industry and key private sector stakeholders, other third parties or representatives of candidate, neighbouring or 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 956 #
Proposal for a regulation
Article 35 – paragraph 9 a (new)
Article 35 – paragraph 9 a (new)
9a. The Board shall report annually to the European Parliament.
Amendment 977 #
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – introductory part
Annex I – Section 1 – paragraph 1 – introductory part
The following raw materials shall be considered strategic, including their respective carrier metals and minerals with which these strategic raw materials are extracted and their ferroalloy form:
Amendment 986 #
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point a a (new)
Annex I – Section 1 – paragraph 1 – point a a (new)
(aa) Aluminium
Amendment 989 #
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point b
Annex I – Section 1 – paragraph 1 – point b
(b) Boron - metallurgy grade
Amendment 998 #
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point g
Annex I – Section 1 – paragraph 1 – point g
(g) Lithium - battery grade
Amendment 1005 #
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point i
Annex I – Section 1 – paragraph 1 – point i
(i) Manganese - battery grade
Amendment 1016 #
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point j
Annex I – Section 1 – paragraph 1 – point j
(j) Natural Graphite - battery grade
Amendment 1022 #
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point k
Annex I – Section 1 – paragraph 1 – point k
(k) Nickel - battery grade
Amendment 1036 #
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point n
Annex I – Section 1 – paragraph 1 – point n
(n) Silicon metal
Amendment 1045 #
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point p a (new)
Annex I – Section 1 – paragraph 1 – point p a (new)
(pa) Chromium
Amendment 1073 #
Proposal for a regulation
Annex II – Section 1 – paragraph 1 – point a a (new)
Annex II – Section 1 – paragraph 1 – point a a (new)
(aa) Aluminium
Amendment 1076 #
Proposal for a regulation
Annex II – Section 1 – paragraph 1 – point g a (new)
Annex II – Section 1 – paragraph 1 – point g a (new)
(ga) Chromium