Activities of Jessica POLFJÄRD 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 (2)
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
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 (38)
Amendment 20 #
Proposal for a regulation
Recital 3
Recital 3
(3) Firstly, in order to effectively ensure the Union's access to a secure and sustainable supply of critical raw materials, that framework should include measures to decrease the Union's growing supply risks by strengthening Union capacities along all stages of the strategic raw materials value chain, including extraction, processing and recycling, towards indicative benchmarks defined for each strategic raw material. Secondly, as the Union will continue to rely on imports, the framework should include measures to increase the diversification of external supplies of strategic raw materials. Thirdly, is necessary to provide measures to reinforce the Union’s ability to monitor and mitigate existing and future supply risks. Fourthly, the framework should contain measures to increase the circularity and sustainability of the critical raw materials consumed in the Union.
Amendment 21 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The benchmarks set in this Regulation should not be seen as binding objectives of the Union but rather as indicative targets which the Union should aspire to reach.
Amendment 46 #
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, and contribute to the creation of employment. Therefore, to ensure the development of Strategic Projects across the Union, such projects should benefit from fast, 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, following the Union's legislation in these regards. 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 71 #
Proposal for a regulation
Recital 18
Recital 18
(18) At the same time, the unpredictability, complexity and, at times, excessive length of national permit- granting processes undermines the investment security needed for the effective development of strategic raw material projects. Therefore, in order to ensure and speed up their effective implementation, Member States should apply streamlined and, predictable and joint permitting procedure to Strategic Projects. To that end, Strategic Projects should be given priority status at national level to ensure rapid administrative treatment and urgent treatment in all judicial and dispute resolution procedures relating to them. This Regulation should not prevent competent authorities from streamlining permitting for other projects on the critical raw materials value chain that are not Strategic Projects.
Amendment 75 #
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/EC39mayshouldbe authorised where the responsible permitting authority concludes, based on its case-by-case assessment,that the public interest that the public interest, notably such interest linked to decarbonisation of the EU economy and the energy transition,served by the project overrides those impacts, provided that all relevant conditions set out in those Directives are met. Where relevant, the case-by-case assessment should take into account the geological specificity of extraction sites, which constrains decisions on location. _________________ 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 86 #
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, any potential to streamlineing 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 94 #
Proposal for a regulation
Article 46 – paragraph 2
Article 46 – paragraph 2
2. The report referred to in paragraph 1 shall at least assess further measures to strengthen the European critical raw materials capacities along the entire value chain by extending the benefits associated with Strategic Projects to other areas and assess the appropriateness of establishing maximum environmental footprint thresholds for critical raw materials for which calculation and verification rules have been adopted.
Amendment 113 #
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, while preserving the integrity of the internal market. 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 130 #
Proposal for a regulation
Recital 49
Recital 49
(49) Critical raw materials sold on the Union market are often certified regarding the sustainability of their production and supply chain. Certification can be obtained in the context of a broad range of public and private certification schemes available with varying scopes and stringency, creating the potential for confusion regarding the nature and veracity of claims made about the relative sustainability of critical raw materials placed on the Union market based on such certification. The Commission should be empowered to adopt implementing acts recognising certification schemes that should be considered comprehensive and trustworthy, providing a common basis for authorities and market participants for assessing the sustainability of critical raw materials. Recognition should be given only to certification schemes that cover a broad range of sustainability aspects, including environmental protection, human rights including labour rights and business transparency, based on relevant Union and national law, 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 135 #
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, whethernotably on climate, but also on water, fauna or flora. In order to limit such damage and incentivise the production of more sustainable critical raw materials, the Commission should be empowered to develop a system for the calculation of the environmental footprint of critical raw materials, including a verification process, to ensure that critical raw materials placed on the Union market publicly display information on such footprint. The system should be based on taking into account scientifically sound assessment methods and relevant international standards in the area of life cycle assessment. The requirement to declare the environmental footprint of a material should only apply where it has been concluded, based on a dedicated assessment, that it would contribute to the Union’s climate and environmental objectives and be proportionate to the economic costs 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 138 #
Proposal for a regulation
Recital 51
Recital 51
(51) The Environmental Footprint methods constitute a relevant basis for the development of the calculation rules. They rely on scientifically sound assessment methods which take into account similar obligations established by other Union legislation and developments on international level and cover environmental impacts, including climate change and impacts related to water, air, soil, resources, land use and toxicity.
Amendment 157 #
Proposal for a regulation
Article 1 – paragraph 2 – point a – point iii
Article 1 – paragraph 2 – point a – point iii
(iii) Union recycling capacity, including for all intermediate recycling steps, is able to produce at least 15% to 20%, depending on the specific raw material, of the Union's annual consumption of strategic raw materials.
Amendment 177 #
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. The Commission shall by June 30 2024 adopt a delegated act specifying the target for each strategic raw material referred to in paragraph 2 (a) (iii).
Amendment 212 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) for projects in third countries, that 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 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 215 #
Proposal for a regulation
Article 5 – paragraph 1 – point c a (new)
Article 5 – paragraph 1 – point c a (new)
(ca) for projects in the Union, that the project would be implemented in full compliance with Union and national law, notably as concerns environmental and social legislation;
Amendment 262 #
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 be considered as being of public interest or serving public health and safety, and may be considershall therefore be presumed as having an overriding public interest provided that all the conditions set out in those Directives are fulfilledin the permit granting process, planning, construction and operation for the purposes of 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 and other relevant Union legislation.
Amendment 295 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. For Strategic Projects only involving processing or recycling, the lack of comprehensive decision by the national competent authority referred to in Article 8(1) within the applicable time limits referred to in paragraphs 1 and 2 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.
Amendment 305 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
Where an environmental impact assessment must be carried out for a Strategic Project in accordance with Articles 5 to 9 of Directive 2011/92/EU, the relevant project promoter shallmay request an opinion to the national competent authority referred to in Article 8(1) on the scope and level of detail of the information to be included in the environmental impact assessment report under Article 5(1) of that Directive.
Amendment 317 #
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.
Amendment 319 #
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 2
Article 11 – paragraph 2 – subparagraph 2
Amendment 327 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The national competent authority referred to in Article 8(1) shall ensure that the authorities concerned issue the reasoned conclusion referred to in Article 1(2), point (g)(iv) of Directive 2011/92/EU on the environmental impact assessment of a Strategic Project within three month80 days 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 339 #
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 980 days but not shorter than 40 days in the case of Strategic Projects.
Amendment 357 #
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 relevantapplicable, 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.
Amendment 426 #
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 containing measures designed to:
Amendment 434 #
Proposal for a regulation
Article 25 – paragraph 1 – point a
Article 25 – paragraph 1 – point a
(a) increase the collection and processing 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 438 #
Proposal for a regulation
Article 25 – paragraph 1 – point a a (new)
Article 25 – paragraph 1 – point a a (new)
(aa) facilitate cross-border transport of waste for it to be processed in another State in the EEA for the extraction of raw materials or used for research purposes.
Amendment 444 #
Proposal for a regulation
Article 25 – paragraph 1 – point b
Article 25 – paragraph 1 – point b
(b) increase the re-use, refurbishment, repurposing and remanufacturing of products and components with high critical raw materials recovery potential;
Amendment 471 #
Proposal for a regulation
Article 25 – paragraph 1 – point 1 b (new)
Article 25 – paragraph 1 – point 1 b (new)
(1b) The national programmes and measures shall be designed to allow for the free flow of products and raw materials across the EEA.
Amendment 479 #
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 or re-use under Union legislation. For other products and waste, the measures shall be implemented in coherence with existing Union legislation.
Amendment 489 #
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Each Member State shall by [OP please insert: 43 years after the date of entry into force of this Regulation] adopt and implement measures to promote the recovery of critical raw materials from extractive waste, in particular from closed waste facilities identified in the database created in accordance with Article 26 as containing potentially economically recoverable critical raw materials.
Amendment 495 #
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 avoidnot constitute barriers to trade and distortions of competition in conformity with the TFEU.
Amendment 515 #
Proposal for a regulation
Article 25 – paragraph 7 a (new)
Article 25 – paragraph 7 a (new)
7a. The Commission, after consultation with concerned stakeholders, shall amend the relevant EU regulatory framework so to include specific waste codes for lithium-ion batteries and intermediate waste streams (‘black mass’), as well as to set up a fast track procedure for their shipment for recycling within the Union.
Amendment 525 #
Proposal for a regulation
Article 26 – paragraph 1 a (new)
Article 26 – paragraph 1 a (new)
Amendment 551 #
Proposal for a regulation
Article 27 – paragraph 1 – point 1 b (new)
Article 27 – paragraph 1 – point 1 b (new)
(1b) This obligation shall not apply if a delegated act setting ecodesign criteria has been adopted according to Regulation XX/XXXX [the Ecodesign for Sustainable Products Regulation] or another Union binding act providing for a similar obligation.
Amendment 574 #
Proposal for a regulation
Article 28 – paragraph 3 – subparagraph 1
Article 28 – paragraph 3 – subparagraph 1
After 31 December 2030, the Commission may adopt delegated acts supplementing this Regulation by laying down minimum shares for neodymium, dysprosium, praseodymium, terbium, boron, samarium, nickel and cobalt recovered from post- consumer waste or manufacturing waste for the same category of product that must be present in the permanent magnet incorporated in the products referred to in paragraph 1. In duly justified cases, different minimum shares may be applied for different products.
Amendment 627 #
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 is the most important impact category. The footprint declarationfootprint declaration shall at least be based on the Global Warming Potential measured in kg CO2 equivalent as an important impact category. In duly justified cases, and where the climate footprint can be expected to be shmall be limited to that, the Commission may choose another impact category.
Amendment 650 #
Proposal for a regulation
Article 30 – paragraph 3 – point c a (new)
Article 30 – paragraph 3 – point c a (new)
(ca) the associated economic costs and administrative burden for economic operators.
Amendment 660 #
Proposal for a regulation
Article 30 – paragraph 4 – point b a (new)
Article 30 – paragraph 4 – point b a (new)
(ba) assess whether similar obligations under Union law has produced the intended effects and significantly contributed to the achievement of the Union's environmental targets.