Activities of Karin KARLSBRO 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 (107)
Amendment 2 #
Proposal for a regulation
Recital 1
Recital 1
(1) Access to raw materials is essential for the Union economy and the functioning of the internal market. There is a set of non-energy, non-agricultural raw materials that, due to their high economic importance and their exposure to high supply risk, often caused by a high concentration of supply from a few third countries, are considered critical. Given the key role of many such critical raw materials in realising the green and digital transitions, and in light of their use for defence and space applications, demand will increase exponentially in the coming decades. At the same time, the risk of supply disruptions is increasing against the background of rising geopolitical tensions and resource competition. Furthermore, if not managed properly, increased demand for critical raw materials could lead to negative 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, only that will help ensure that the green transition is a sustainable transition, and to safeguard the Union's economic resilience and open strategic autonomy.
Amendment 31 #
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 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. Firstly, 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. Secondly, 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 1530 % of the Union’s annual consumption of strategic raw materials. 30% of the annual Union consumption should also be recycled raw materials. For each raw material the recycling capacity should aim to increase 10% yearly, to ensure that circularity is increased in all strategic raw material value chains. 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, will address risks in the sectoral labour market and help ensure the EU’s competitiveness. _________________ 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 40 #
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 extraction, processing or recycling of strategic raw materials in the Union that should, together with Member State efforts, contribute to increasing capacities towards the benchmarks. Other measures, notably on 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. 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 66 #
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 considerpresumed to be in the overriding public interest. It is to be clear that this presumption should not lead the responsible permitting authorities to assume that projects which are not considered strategic as part of this Regulation should not be viewed to be in the overriding public interest. This should still possible where the authority find sufficient reason. Ensuring the security of supply of strategic raw materials is of crucial importance 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 76 #
Proposal for a regulation
Recital 19
Recital 19
(19) Given their role in ensuring the Union's security of supply for strategic raw materials, and their contribution to the Union's open strategic autonomy and the green and digital transition, Strategic Projects should be considered by the responsible permitting authority as being in the public interest. Strategic Projects which have an adverse impact on the environment, to the extent it falls under the scope of Directive 2000/60/EC, Council Directive 92/43/EEC and Directive 2009/147/EC39may be authorised whereshould be presumed bythe responsible permitting authority concludes, based on its case-by-case assessment,that the public interest served by the project overrides those environmentalimpacts, provided that all relevant conditions set out in those Directives are met. Where relevant, the case-by-caseassessment should take into account the geological specificity of extraction sites, which constrains decisions on location. _________________ 39 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7–25).
Amendment 81 #
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. 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. Time for the project promoters to respond and gather information should not be taken into account for these time limits. To effectively achieve those time limits, Member States should ensure that the responsible authorities have sufficient resources and, personnel and training. 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 83 #
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 integral 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, and does not exceed the pre-set time limit for a particular stage in the permitting process, any potential to streamline the required assessments and authorisations while not lowering the level of environmental protection should be realised. In that regard, it should be ensured that 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.
Amendment 90 #
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 includinginclude, where relevant, provisions for raw materials projects when developing relevant plans.
Amendment 115 #
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 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 systems. 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. 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.
Amendment 120 #
Proposal for a regulation
Recital 45
Recital 45
(45) Operators of extractive waste facilities, both existing and new, should perform a preliminary economic assessment study regarding the recovery of critical raw materials from extractive waste present on the site, in historical deposits and from such waste being generated. In line with the waste hierarchy established in Directive 2008/98/EC of the European Parliament and of the Council46 , priority should be given to preventing the generation of waste containing critical raw materials, by extracting critical raw materials from the extracted volume prior to it becoming waste. Where such extraction is a significant part of a project which in other cases would not be considered strategic under this Regulation, the project should be considered strategic. In elaborating this study, operators should gather the necessary information, including concentrations and quantities of critical raw materials in the extractive waste, and perform an assessment of multiple options regarding processes, operations or business arrangements that could enable an economically viable recovery of critical raw materials. This obligation comes in addition to obligations laid down in Directive 2006/21/EC and the national laws transposing it and is directly applicable. In its implementation, operators and competent authorities should seek to minimise administrative burden and integrate procedures to the extent possible. _________________ 46 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3-30).
Amendment 123 #
Proposal for a regulation
Recital 47
Recital 47
(47) Permanent magnets are incorporated in a wide variety of products, with wind turbines and electric vehicles being the most important and fastest- growing applications but also other products, including magnet resonance imaging devices, industrial robots, light means of transport, cooling generators, heat pumps, electric motors, industrial electric pumps, automatic washing machines, tumble driers, microwaves, stoves, vacuum cleaners and dishwashers containing significant amounts worth recovering. Most permanent magnets, especially the most performant types, contain critical raw materials, such as neodymium, praseodymium, dysprosium and terbium, boron, samarium, nickel or cobalt. Their recycling is possible but today only performed in the Union at a small scale or in the context of research projects. Permanent magnets should therefore be a priority product for increasing circularity.
Amendment 126 #
(48) A precondition for effective magnet recycling is for 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 129 #
Proposal for a regulation
Recital 49
Recital 49
(49) Critical raw materials sold on the Union market are often certified regarding the sustainability of their production and supply chain. Certification can be obtained in the context of a broad range of public and private certification schemes available with varying scopes and stringency, creating the potential for confusion regarding the nature and veracity of claims made about the relative sustainability of critical raw materials placed on the Union market based on such certification. The Commission should be empowered to adopt implementing acts recognising certification schemes that should be considered to live up to the requirements of this Regulation and sufficiently comprehensive and trustworthy, providing a common basis for authorities and market participants for assessing the sustainability of critical raw materials. Recognition should be given only to certification schemes that cover a broad range of sustainability aspects, including environmental protection, human rights including labour rights and business transparency, and which contain provisions for independent third party verification and monitoring of compliance. To ensure efficient procedures, promoters of projects applying to be recognised as Strategic Projects should be allowed to rely on participation in a recognised scheme to show that their project is implemented sustainably.
Amendment 136 #
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 and carbon 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 and carbon footprint of a material should only apply where it has been concluded, based on a dedicated assessment, that it would contribute to the Union’s climate and environmental objectives by facilitating the procurement of critical raw materials with lower environmental footprint and would not disproportionately affect trade flows. When the relevant calculation methods have been adopted, the Commission should develop performance classes for critical raw materials, thereby allowing potential buyers to easily compare the relative environmental footprint of available materials and driving the market towards more sustainable materials. Sellers of critical raw materials should ensure that the environmental footprint declaration is available to their customers. Transparency on the relative footprint of critical raw materials placed on the Union market may also enable other policies at Union and national level, such as incentives or green public procurement criteria, fostering the production of critical raw materials with lower environmental impacts.
Amendment 142 #
(62) ‘Strategic Partnership’ means a commitment between the Union and a third country to increase cooperation related to the raw materials value chain that is established through a non-binding instrument setting out concrete actions of mutual interest and contributing to the development of human rights, and ambitious environmental and social standards.
Amendment 153 #
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 alleach intermediate recycling steps, is able to produce at least 15% of the Union's annual consumption of strategic0% in increased yearly volume for each strategic raw material compared to the baseline 2022 and aggregated at least 30% of the Union's annual consumption of strategic raw materials and that 30% of the Union’s annual consumption of strategic raw materials is secondary raw materials.
Amendment 163 #
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) for projects in third countries that are emerging markets or developing economies, the project would be mutually beneficial for the Union and, in particular by diversifying its supply chains, and for the third country concerned by adding value in that country, contributing to the better development of local economies and their societies, this includes the development of local processing industries for these critical materials, and the promotion of internationally recognised environmental and social standards.
Amendment 180 #
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, 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. The European Parliament shall be informed without delay. If, after the discussion, the Member State maintains its objection, the project shall not be considered for the status of Strategic Project.
Amendment 190 #
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘Union recycling capacity’ means an aggregate of the maximum annual production volume of waste recycling operations for each strategic raw materials, including the sorting and pre-treatment of waste and its processing into secondary raw materials, located in the Union;
Amendment 196 #
Proposal for a regulation
Article 2 – paragraph 1 – point 39
Article 2 – paragraph 1 – point 39
(39) ‘magnetic resonance imaging device’ means a non-invasive medical device that uses magnetic fields to make detailed anatomical images or any other device that uses magnetic fields to make images of the inside of object;
Amendment 211 #
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 and compensation 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 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, as outlined in Annex III;
Amendment 260 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. With regard to the environmental impacts addressed in Articles 6(4) and 16(1)(c) of Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC and Article 9(1)(a) of Directive 2009/147/EC, Strategic Projects in the Union shall, until climate neutrality is achieved, be considered as being of public interest or serving public health and safety, and may be considershall be presumed as havbeing anin the overriding public interest provided that all the conditions set out in those Directives are fulfilled.
Amendment 273 #
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 or 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 or critical raw materials by the different participating authorities.
Amendment 293 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. For Strategic Projects onlynot involving processing or recyclmining, 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 shall 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. The need for such an impact assessment shall be decided on and communicated to the project promoter within 14 days. When this is not done within this time limit it shall be considered that such an impact assessment is not needed.
Amendment 310 #
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 opinion referred to in the first subparagraph is issued as soon as possible and within a period of time not exceeding 3015 days from the date on which the project promoter submitted its request.
Amendment 314 #
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
In the case of Strategic Projects for which the obligation to carry out assessments of the effects on the environment arises simultaneously from Council Directive 92/43/EEC, Directives 2000/60/EC, 2008/98/EC, 2009/147/EC 2010/75/EU, 2011/92/EU or 2012/18/EU of the European Parliament and the Council, the national competent authority referred to in Article 8(1) shall ensure that a coordinated or a joint procedure fulfilling the requirements of that Union legislation is applied, whichever the project promoter chooses.
Amendment 315 #
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. The national measures referred to in paragraphs 1 and 2 shall be designed so as to avoid barriers to international and intra-EU trade and distortions of competition on the Union market in conformity with the TFEU.
Amendment 328 #
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 332 #
Proposal for a regulation
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. In exceptional cases, where the nature, complexity, location or size of the proposed project so require, the national competent authority referred to in Article 8(1) may extend the time limits referred to in paragraph 3 by a maximum of 1 month, before their expiry and on a case- by-case basis. In that event, the national competent authority referred to in Article 8(1) shall inform the project promoter of the reasons justifying the extension and of the date when the reasoned conclusion is expected in writing.
Amendment 340 #
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 960 days in the case of Strategic Projects.
Amendment 343 #
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. For Strategic Projects the lack of a reasoned conclusion by the competent authority referred to in Article 8(1) within the applicable time limits referred to in paragraph 3 shall result in a positive conclusion of the assessment procedure.
Amendment 345 #
Proposal for a regulation
Article 11 – paragraph 5 – subparagraph 1
Article 11 – paragraph 5 – subparagraph 1
Paragraph 1 of this Article shall not apply toroject promoters for Strategic Projects that had entered the permit granting process befor Strategic Projects that had entered in the permit granting process before the beinge being granted the status of Strategic Project shall be able to invoke Paragraph 1 of this Article once it has been granted the status of Strategic Project.
Amendment 353 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where plans including provisions for the development of critical raw material projects are subject to an assessment pursuant to Directive 2001/42/EC and pursuant to Article 6 of Directive 92/43/EEC, those assessments shall be combined. Where relevant, this combined assessment shall also address the impact on potentially affected water bodies and verify whether the plan would cause deterioration of the status or of the potential referred to in Article 4 of Directive 2000/60/EC or would potentially hamper that a water body achieves good status or good potential. Where relevant Member States are required to assess the impacts of existing and future activities on the marine environment, including land-sea interactions, as referred to in Article 4 of Directive 2014/89/EU, these impacts shall also be covered by the combined assessment. When there is a need for an assessment according to this Article they shall be conducted in such a way that they do not lead to a prolongation of the time limits referred to in Article 10(1), 10(2) and Article 11(3).
Amendment 354 #
Proposal for a regulation
Article 33 – paragraph 1 – point a – point iii a (new)
Article 33 – paragraph 1 – point a – point iii a (new)
(iiia) improving the economic, environmental and social conditions in third countries;
Amendment 357 #
Proposal for a regulation
Article 33 – paragraph 1 – point a – point iii b (new)
Article 33 – paragraph 1 – point a – point iii b (new)
(iiib) improving the development of local industries linked to the treatment of this critical raw material ;
Amendment 363 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. All decisions adopted pursuant to this Section shall be made publicly available in an easily understandable manner and all decisions concerning one project shall be presented in the same place.
Amendment 370 #
Proposal for a regulation
Article 33 – paragraph 1 – point c – point ii
Article 33 – paragraph 1 – point c – point ii
(ii) whether a third country's regulatory framework and its implementation effectively 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 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 380 #
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) the effectiveness of the funds allocated by the Union to local projects and in particular those resulting from the Global Gateway;
Amendment 385 #
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. The Commission, the Parliament and the Board shall, in the context of paragraph 1 and in so far as relates to emerging market and developing economies, ensure cooperation with other relevant coordination fora, including those established as part of the Global Gateway strategy.
Amendment 392 #
Proposal for a regulation
Article 33 – paragraph 3 – point b
Article 33 – paragraph 3 – point b
(b) support the Commission in the effective implementation of the cooperation measures set out in Strategic Partnerships.
Amendment 398 #
Proposal for a regulation
Article 33 b (new)
Article 33 b (new)
Article33b Participation of the European Parliament in establishing strategic partnerships 1. If the board chooses to start discussions with the aim of establishing a new partnership, it shall inform the European Parliament. 2. Once the negotiations on a strategic partnership are concluded, the Commission shall inform the Parliament and allow it sufficient time to express its view before signing the partnership. 3. Once a strategic partnership has entered into force, the European Parliament may evaluate the partnership every three years, and express its view on the importance of maintaining, strengthening or terminating this partnership.
Amendment 401 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The Board shall be composed of Member States, the European Parliament and the Commission. It shall be chaired by the Commission.
Amendment 423 #
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: 32 years after the date of entry into force of this Regulation] adopt and implement national programmes, which may include support to cross-border actions and collaborations between Member States, containing measures designed to:
Amendment 436 #
Proposal for a regulation
Article 25 – paragraph 1 – point a
Article 25 – paragraph 1 – point a
(a) 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 maximising the availability and quality of recyclable material as an input to critical raw material recycling facilities;
Amendment 448 #
Proposal for a regulation
Article 25 – paragraph 1 – point b
Article 25 – paragraph 1 – point b
(b) increase the re-use of products and components with high critical raw materials recovery potential;
Amendment 453 #
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, including, where appropriate, by taking recycled content into account in award criteria related to public procurement;
Amendment 461 #
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 by fostering skills, upskilling and reskilling measures.
Amendment 477 #
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 1
Article 25 – paragraph 2 – subparagraph 1
The programmes referred to in paragraph 1 shall cover in particular products and waste which are not subject to any specific requirement on collection, treatment, recycling, re-purposing or re-use under Union legislation. For other products and waste, the measures shall be implemented in coherence with existing Union legislation.
Amendment 485 #
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 2
Article 25 – paragraph 2 – subparagraph 2
With respect to points (a) and (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 incentives, such as discounts, monetary rewards or deposit-refund systems, to encourage the re-use and re-purposing of products with high critical raw materials recovery potential and the collection of waste from such products.
Amendment 487 #
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 and increase 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 494 #
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. The national measures referred to in paragraphs 1 and 2 shall be designed so as to avoid barriers to international and intra-EU trade and distortions of competition on the Union market in conformity with the TFEU.
Amendment 496 #
Proposal for a regulation
Article 25 – paragraph 5
Article 25 – paragraph 5
5. When reporting to the Commission the data concerning the quantities of waste electrical and electronic equipment recycled, pursuant to Article 16(6) of Directive 2012/19/EU on waste electrical and electronic equipment, Member States shall identify separately, and report, the quantities of components containing relevant amounts of critical raw materials removed from such waste equipment and the quantities of critical raw materials recovered from the waste electrical and electronic equipment. The Commission shall within [OP please insert: 1 year after the date of entry into force of this Regulation] adopt implementing acts specifying the format and details of such reporting. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 37(3). The first reporting period shall cover the first full calendar year after the adoption of those implementing acts.
Amendment 500 #
Proposal for a regulation
Article 25 – paragraph 6
Article 25 – paragraph 6
6. Member States shall, as part of the report referred to in Article 43, provide information on the adoption of the national programmes referred to in paragraph 1 and on progress in the implementation and the effects of the measures taken pursuant to paragraphs 1 and 2to 3.
Amendment 501 #
Proposal for a regulation
Article 25 – paragraph 7 – subparagraph 1
Article 25 – paragraph 7 – subparagraph 1
The Commission shall adopt implementis empowered to adopt delegated acts ing actscordance with Article 36 specifying a list of products, components and waste streams that shall at least be considered as having a high critical raw materials recovery potential within the meaning of paragraph 1 (a) and (b). The first of these delegated act shall be presented within [OP please insert: 1 year after the date of entry into force of this Regulation]. This list shall be regularly reviewed in light of technological developments and changes to the list of critical raw materials in Annex II.
Amendment 505 #
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 potentially recoverable from those products, components and waste streams:
Amendment 514 #
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 520 #
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 economic and environmental assessment study regarding the potential recovery of critical raw materials from:
Amendment 521 #
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) the extractive waste stored in the facility; and
Amendment 522 #
Proposal for a regulation
Article 26 – paragraph 1 – point a a (new)
Article 26 – paragraph 1 – point a a (new)
(aa) the extractive waste historically disposed by the operator; and
Amendment 527 #
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 estimation 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, as well as the environmental consequences of recovering them.
Amendment 531 #
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: 3 year18 months 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 536 #
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 year6 months after the date of entry into force of this Regulation] and all information completed by [OP please insert: 3 year18 months 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 539 #
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 year5 months after the date of entry into force of this Regulation];
Amendment 541 #
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: 12 yearmonths after the date of entry into force of this Regulation], a representative geochemical sampling;
Amendment 543 #
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: 3 year18 months 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 547 #
Proposal for a regulation
Article 26 – paragraph 7
Article 26 – paragraph 7
7. The activities described in paragraph 6 shall be carried out within the limits of national legal systems pertaining to property rights, ownership of land, mineral resources and waste, and any other relevant provisions. Where such factors inhibit the activities, tThe Member State authorities shall seek the cooperation of the operator or owner of the waste facility. The results of the activities described under paragraph 6 shall be made accessible as part of the database. Where possible, the Member States shall include in the database a classification of the closed extractive waste facilities according to the United Nations Framework Classification for Resources.
Amendment 548 #
Proposal for a regulation
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
1. From [OP please insert: 3 year18 months after the date of entry into force of this Regulation], any natural or legal person that places on the market magnetic resonance imaging devices, wind energy generators, industrial robots, motor vehicles, light means of transport, cooling generators, heat pumps, electric motors, including where they are integrated in other products, automatic washing machines, tumble driers, microwaves, vacuum cleaners or dishwashersany of the goods from the list in Annex IIa, including where they are integrated in other products, shall ensure that those products bear a conspicuous, clearly legible and indelible label indicating:
Amendment 550 #
Proposal for a regulation
Article 27 – paragraph 1 – point b a (new)
Article 27 – paragraph 1 – point b a (new)
(ba) if the product incorporates one or more permanent magnets of the types described in point (b), how many of each type of magnets is incorporated in the product.
Amendment 555 #
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. From [OP please insert: 3 year18 months after the date of entry into force of this Regulation], any natural or legal person 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 556 #
Proposal for a regulation
Article 27 – paragraph 4 – point a
Article 27 – paragraph 4 – point a
(a) the name, registered trade name or registered trade mark and the postal address of the responsible natural or legal person and, where available, electronic means of communication where they can be contacted;
Amendment 557 #
Proposal for a regulation
Article 27 – paragraph 6 a (new)
Article 27 – paragraph 6 a (new)
6a. For products referred to in paragraph 3 which incorporate a non- replaceable battery for which a product passport as defined in Regulation XX/XXXX [the batteries and waste batteries regulation] is required pursuant, the information referred to in paragraph 4 shall be included in that product passport.
Amendment 560 #
Proposal for a regulation
Article 27 – paragraph 9
Article 27 – paragraph 9
9. Where information requirements relating to the recycling of permanent magnets are established in delegated acts adopted in accordance with Article 4 of the Regulation XX/XXXX [OP please insert: the Ecodesign for Sustainable Products Regulation] or in other Union harmonisation legislation for any of the products listed in paragraph 1, those requirements shall apply for those magnets or products in replacement of the provisions of this Article.
Amendment 564 #
Proposal for a regulation
Article 27 – paragraph 11
Article 27 – paragraph 11
11. For magnetic resonance imaging devices, motor vehicles and light means of transport that are type-approved vehicles of category L, the requirements of this Article shall apply from [OP please insert: 25 yearmonths after the date of entry into force of this Regulation].
Amendment 565 #
Proposal for a regulation
Article 27 – paragraph 12
Article 27 – paragraph 12
12. The Commission is empowered to adopt delegated acts in accordance with Article 36 to amend Annex VI in order to provide or update a list of Combined Nomenclature49codes and product descriptions corresponding to the products referred to in paragraph 1Annex IIawith the aim of facilitating the work of customs authorities in relation to those products and the requirements set out in this Article and in Article 28. _________________ 49 Combined Nomenclature in Annex I to Regulation (EEC) No 2658/87
Amendment 569 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. From either [OP please insert: 3 year18 months after the date of entry into force of this Regulation] or 12 yearmonths 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)nnex IIa which incorporate one or more permanent magnets referred to in Article 27(1), point (b)(i) to (iii) and for which the total combined weight of all such permanent magnets exceeds 0.205 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 570 #
Proposal for a regulation
Article 28 – paragraph 2 – subparagraph 1
Article 28 – paragraph 2 – subparagraph 1
By [OP please insert: 12 yearmonths 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 572 #
Proposal for a regulation
Article 28 – paragraph 2 – subparagraph 2 – point c
Article 28 – paragraph 2 – subparagraph 2 – point c
(c) where third party involvement is mandatory, the need for the manufacturer to have a choice between quality assurance and product certification modules set out in Annex II of Decision No 768/2008/EC.
Amendment 575 #
Proposal for a regulation
Article 28 – paragraph 3 – subparagraph 1
Article 28 – paragraph 3 – subparagraph 1
Amendment 580 #
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. Where requirements relating to the recycled content of permanent magnets are established in delegated acts adopted in accordance with Article 4 of the Regulation XX/XXXX [OP please insert: the Ecodesign for Sustainable Products Regulation] or other Union harmonisation legislation for any of the products listed in paragraph 1Annex IIa, those requirements shall apply in replacement of the provisions of this Article.
Amendment 581 #
Proposal for a regulation
Article 28 – paragraph 5 – subparagraph 1
Article 28 – paragraph 5 – subparagraph 1
From [2 months] after the date of application of the requirement of paragraph 1, when offering the products referred to in paragraph 1Annex IIa for sale, including in case of distance selling, or displaying them in the course of a commercial activity, natural and legal persons placing on the market products referred to in paragraph 1Annex IIa shall ensure that their customers have access to the information referred to in paragraph 1 before being bound by a sales contract.
Amendment 584 #
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 1Annex IIa 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. Products primarily designed for defence or space applications shall be exempted from the requirements of this Article.
Amendment 586 #
Proposal for a regulation
Article 28 – paragraph 6
Article 28 – paragraph 6
6. For magnetic resonance imaging devices, motor vehicles and light means of transport that are type-approved vehicles of category L, the requirements set out in paragraphs 1 and 6 shall apply from 5 years after the date of entry into force of the delegated act referred to in paragraph 2.deleted
Amendment 602 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. The Commission shall periodicalregularly verify that recognised schemes continue to fulfil the criteria laid down in Annex IV.
Amendment 603 #
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. Owners of recognised schemes shall inform the Commission without delay of any changes or updates made to recognised schemes relevant for the compliance of this Regulation. The Commission shall assess whether such changes or updates affect the basis for the recognition and take appropriate action.
Amendment 612 #
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 mayshall grant the scheme owner an appropriate period of time to take remedial action.
Amendment 615 #
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, within the given time, 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 633 #
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, in accordance with Annex V and taking into account scientifically sound assessment methods and relevant international standards. The calculation and verification rules shall identify which isare the most important impact category or categories. The footprint declaration shall be limited to that impact categorycover that or those impact category or categories as well as carbon emissions.
Amendment 642 #
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 and carbon emissions, that the critical raw material in question has a significantnon negligible 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 to contribute to the Union’s climate and environmental objectives by facilitating the supply of critical raw materials with lower environmental footprint.
Amendment 645 #
Proposal for a regulation
Article 30 – paragraph 3 – point a
Article 30 – paragraph 3 – point a
(a) whether and how as well as how effectively the Union’s climate and environmental objectives are already being achieved through other Union legislation applicable to the critical raw material in question;
Amendment 647 #
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 on environmental footprints and their effectiveness, 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 648 #
Proposal for a regulation
Article 30 – paragraph 3 – point b a (new)
Article 30 – paragraph 3 – point b a (new)
(ba) ensure that third-country suppliers can be sufficiently supported to achieve compliance where necessary;
Amendment 664 #
Proposal for a regulation
Article 30 – paragraph 5 – subparagraph 2
Article 30 – paragraph 5 – subparagraph 2
The requirement set out in the first subparagraph shall apply to each individual critical raw material type placed on the market and shall not apply to critical raw materials included in intermediate or final products where the critical raw material makes up a non-negligible share of the product’s total environmental footprint.
Amendment 667 #
Proposal for a regulation
Article 30 – paragraph 6 – point a
Article 30 – paragraph 6 – point a
(a) the name, registered trade name or registered trade mark and the postal address of the responsible natural or legal person and, where available, electronic means of communication where they can be contacted;
Amendment 668 #
Proposal for a regulation
Article 30 – paragraph 6 – point d
Article 30 – paragraph 6 – point d
(d) the environmental footprint of the critical raw material, calculated in accordance with the applicable verification and calculation rules adopted pursuant to paragraph 1;
Amendment 670 #
Proposal for a regulation
Article 30 – paragraph 7
Article 30 – paragraph 7
7. The Commission mayshall adopt delegated acts in accordance with Article 36 to supplement this Regulation by establishing environmental footprint performance classes within 12 months for critical raw materials for which calculation and verification rules have been adopted pursuant to paragraph 1, in accordance with Annex V.
Amendment 672 #
Proposal for a regulation
Article 30 – paragraph 7 a (new)
Article 30 – paragraph 7 a (new)
7a. Where intermediate or final products containing critical raw material are covered by Union environmental footprint requirements in other legislation, the environmental footprint of each critical raw material shall, where possible, be incorporated into the calculation of the environmental footprint of the whole product.
Amendment 673 #
Proposal for a regulation
Article 30 – paragraph 8 – subparagraph 1
Article 30 – paragraph 8 – subparagraph 1
The environmental footprint declaration shall be made available on a free access website where the information is presented in an easily understandable manner.
Amendment 720 #
Proposal for a regulation
Annex II a (new)
Annex II a (new)
Amendment 785 #
Proposal for a regulation
Annex IV – paragraph 1 – point b – point ii
Annex IV – paragraph 1 – point b – point ii
(ii) requirements for ensuring multi- stakeholder participation, socially responsible practices, including respect for human rights and labour rights;
Amendment 797 #
Proposal for a regulation
Annex IV – paragraph 1 – point c
Annex IV – paragraph 1 – point c
(c) verification and monitoring of compliance is sufficient to ensure compliance of all participant with the all sustainability requirements of this Regulation and objective, based on international, Union or national standards, requirements and procedures and carried out independently from the relevant economic operator;
Amendment 819 #
Proposal for a regulation
Annex IV – paragraph 1 – point d a (new)
Annex IV – paragraph 1 – point d a (new)
(da) the audit reports are made publicly available and ensure sufficient detail while respecting business sensitive information;
Amendment 826 #
Proposal for a regulation
Annex V – Part 2 – paragraph 4
Annex V – Part 2 – paragraph 4
When establishing calculation rules for the environmental footprint of specific critical raw materials, the Commission shall, where reasonable, aim to ensure consistency with calculation rules for the environmental footprint of intermediate and final products making use of the relevant critical raw materials.
Amendment 827 #
(a) Upstream processes including the extraction of ore for raw material production, production and supply (including transport) of chemicals, auxiliaries, production and supply (including transport) of fuels, production and supply of electricity, and transport of materials in vehicles not owned or operated by the organisation;
Amendment 829 #
Proposal for a regulation
Annex V – Part 5 – paragraph 1 – introductory part
Annex V – Part 5 – paragraph 1 – introductory part
The calculation rules shall specify the impact category or categories that needs to be included in the environmental footprint calculation as well as carbon emissions. The choice shall be based on the hotspot analysis performed in line with scientifically sound methodologies developed at international level and taking into account the:
Amendment 834 #
Proposal for a regulation
Annex V – Part 6 – paragraph 1
Annex V – Part 6 – paragraph 1
The calculation rules shall specify the use of company specific or secondary datasets for all relevant processes and materials. Whenever companies have the choice between primary and secondary data there shall be a sufficient incentive in the calculation method to use primary data.
Amendment 835 #
Proposal for a regulation
Annex V – Part 6 – paragraph 3 a (new)
Annex V – Part 6 – paragraph 3 a (new)
When calculating the carbon intensity of the energy used across the processes stages as listed in paragraph 4, average carbon emissions data of the energy mix of the country, or where possible region, where the specific activity or process took place, shall be used. Lower emission factors shall only be used where the economic actor can reliably demonstrate that their individual processes or energy supply are less carbon intensive than the energy mix of the country, or where possible region, average. This shall be demonstrated via a direct connection to a renewable or lower carbon energy source or a contract demonstrating a temporal and geographical link between the energy supply and the use by the economic operator, which must be verified by a third party verification statement.
Amendment 836 #
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 expected technological improvements, and other technical factors to be identified. Where appropriate multiple classes for different environmental footprint can be used.