Activities of Hildegard BENTELE 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)
Shadow reports (1)
REPORT 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 (130)
Amendment 1 #
Proposal for a regulation
Recital 10
Recital 10
(10) In order to diversify the Union’s supply of strategic raw materials, the Commission should, with the support of the Board, identify Strategic Projects in third countries as well as in the Overseas countries and territories referred to in Annex II to the TFEU that intend to become active in the extraction, processing or recycling of strategic raw materials. To ensure that such Strategic Projects arwith reduced complexity and increased efficiency could be effectively implemented, they should benefit from improved access to finance and to financial guarantee mechanisms, eg. de- risking mechanisms for investments. In order to ensure their added value, projects should be assessed against a set of criteria. Like projects in the Union, Strategic Projects in third countries should, taking into account that for a majority of resource-rich developing countries, resource exploration and exploitation has not translated into broader-based economic, human and social development in the past. Like projects in the Union, Strategic Projects in third countries as well as in the Overseas countries and territories should contribute to the strengthening of the Union’s security of supply for strategic raw materials and to the sustainable development of exporting countries, show sufficient technical feasibility, and be implemented sustainably. 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 using the framework of a sustainability certification scheme on raw materials recognised by the Commission, and in compliance with land tenure rights, due diligence processes as defined by EU legislation and the OECD Guidelines for Multinational Enterprises, addressing adverse impacts on human rights, and the environment, rule of law and good governance. In many emerging markets and developing economies, the raw material sector can play a role in reaching the Sustainable Development Goals, as raw materials are an important source of income and foster employment while recognising that the realisation of the full potential of the raw material sector as a catalyst for sustainable development is fraught with many challenges that also need to be addressed. Hence, for projects in emerging markets and developing economies, the project should be mutually beneficial for the Union and the third country involved considering the specific economic strengths and interests of the EU and the EU’s partners. The EU will support third countries in reinforcing their legal framework and good governance models, for building institutional, professional and technological capacity and transparency in the raw material sector with the aim of making the raw material partnership a win-win situation, also for local communities. Therefore, projects must be carried out in a fair and climate friendly way and not at the expense of the environment, human rights and peace. Furthermore, a project should add value in that country, and in cases of emerging markets and developing economies enabling them to move up the value chain while taking into account also its consistency with the principles enshrined in the EU treaties, the Union’s common commercial policy, the WTO regime in the field of export taxes on commodities as well as the principle of Policy Coherence for Development (PCD) as laid down in Article 208 TFEU. Such value may be derived from the project’s contribution to more than onone or more stages of the value chain, including raw material processing as well as from creating through the project wider economic growth and social benefits, including the creation of employment in compliance with international standards and with the core labour standards of the International Labour organisation. Where the Commission assesses these criteria to be fulfilled, it should publish the recognition as a Strategic Project in a decision.
Amendment 2 #
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, taking into account that the impacts of mining can extend beyond the operations of the mine. Against this background, the potential impacts throughout the whole life cycle of a project, and for years beyond closure of the mine itself, need to be considered. Workers’rights constitute another important issue to address in the extractive industry, taking into account that the denial of civil liberties, undue restrictions on the right to strike; interference by governments in the functioning of workers’ organisations and restrictive legislation are common challenges in developing countries. To that end, the Strategic Projects receiving support under this Regulation should be assessed taking into account international instruments and standards covering all aspects of sustainability highlighted in the EU principles for sustainable raw materials31 , including ensuring environmental protection, good governance processes, involvement of local communities and Civil Society Organisations, socially responsible practices, including respect for human and social rights such as the rights of women, and transparent business practiceschildren as well as transparent and responsible business practices. In addition, special attention should be paid to the role of women in artisanal and small-scale mining. Projects should also ensure engagement in good faith as well as comprehensive and meaningful consultations with local communities, including with indigenous peoples according to the United Nations Declaration on the Rights of 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. Furthermore, the Commission should further engage, in close dialogue with third countries, in discussions about the development of European standards of critical raw materials extraction, processing and recycling. _________________ 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 3 #
Proposal for a regulation
Recital 28
Recital 28
(28) Partnership of the key stackeholders in the extractive value chain entails to meet the twin goals of sustainable development for exporting countries and security of supply for importing countries. 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 asnd 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 third countries, the Board should in particular take into account the Global Gateway strategy42 . as well as examine the need for developing new instruments to facilitate investments in the raw material sector, which could give certainty and clarity regarding financial support in terms of amounts and timing given the fact that, in particular, investment projects at the exploration and extraction stage are deemed to be highly risky. As extractive and refining activities are capital-intensive and of long duration, economic operators need a predictable and stable business environment in resource rich countries to which the EU should contribute more actively in its overall external action. 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 third countries, including emerging markets and developing economies as well as in the Overseas countries and territories, the Commission and the Board, together with its potential partners and while complying with objectives and principles set in the NDICI - Global Europe, should make raw materials projects one of the priorities under the Global Gateway strategy42 which is a key reference for financing and securing investments and loans to support the creation of strategic partnerships. The aim should be to improve supply of strategic raw materials within the framework of comprehensive partnerships while increasing the resilience and the sustainable development of EU partner countries. All Strategic Projects should be fully aligned with the 2030 Agenda for Sustainable Development and the Paris Agreement. _________________ 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 4 #
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 and lead to the establishment of concrete (strategic) projects. To develop and ensure a coherent framework for the conclusion of future partnerships and with the aim of developing a common European raw materials diplomacy in line with the Union’s energy and climate diplomacy as well as the objectives and general principles set in NDICI – Global Europe regulation, the Member States and the Commission should, as part of their interaction on the Board, and with the full involvement of the European Parliament analyse, 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. and the availability of sufficient access to finance. European Financial Institutions should enhance their presence and expertise in the raw material sector and improve their coordination with Export Credit Agencies to ensure synergies, review existing hurdles in terms of policy and deploy new tools. The Union should seek mutually beneficial partnerships with emerging market and developing economies, also in terms of rent extraction, transparency, accountability and tackling illicit financial flows, in coherence with the Agenda 2030, and the Union’s Global Gateway strategy. Those partnerships should contribute to the diversification of its raw materials supply chain as well as add value in the production in these countries, among which an enhanced collaboration between the EU’s and partner countries’ SMEs and locally based businesses, combining the expertise of different like-minded countries to create a pathway to sound entrepreneurship in the raw materials sector, as well as to contribute to sustainable and responsible economic growth, while reflecting a model of sustainable development that respects environmental standards, human and labour rights, striving for diversification in developing countries and foreseeing a role the meaningful involvement of local communities. Further efforts must also be made to invest in cooperation with like- minded third countries that are neither covered by a Strategic Partnership nor by a free-trade agreement.
Amendment 5 #
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 the third country concerned by adding value in that country. include only reliable project partners, it would be operated under the framework of a sustainability certification scheme on raw materials recognised by the Commission and be mutually beneficial for the Union and the third country concerned by adding value and contributing to social and economic cohesion in that country, for example through the contribution to the formalization of artisanal and small-scale mining, and that mitigates risks and reflects a model of sustainable development that respects environmental standards, human, social and labour rights and foresees the meaningful involvement of local communities, protects their rights and makes them benefit from extractive industries; and which ties both home and host countries in a shared responsibility to comply with these standards.
Amendment 6 #
Proposal for a regulation
Article 33
Article 33
1. The Board shall periodically discuss: (a) the extent to which Strategic Partnerships concluded by the Union contribute towards: (i) improving the Union’s security of supply; (ii) the benchmark set out in Article 1, paragraph 2, point (b); (iii) improving cooperation along the critical raw materials value chain between the Union and partner countries; (b) synergies between Member States’ bilateral cooperation with relevant third countries and the actions carried out by the Union in the context of Strategic Partnerships; (c) which third countries should be prioritised for the conclusion of Strategic Partnerships, taking into account the following criteria: (i) the potential contribution to security of supply, taking into account a third country’s potential reserves, extraction, processing and recycling capacities related to critical raw materials; (ii) 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 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; (iii) cooperation agreements between a third country and the Union and, for emerging markets and developing economies, the potential for the deployment of Global Gateway investment projects. (iv) for emerging markets and developing economies, whether and how a partnership could contribute to local value addition and would be mutually beneficial for the partner country and the Union. 2. 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. 3. Member States shall: (a) coordinate with the Commission to ensure coherence between their bilateral cooperation with relevant third countries and the Union’s non-binding Strategic Partnerships with third countries, whose scope at least includes critical raw materials value chain; (b) support the Commission in the implementation of th[OP please insert: within 1 year after entry into force of this Regulation] and from then on, on a regular basis present a report discussing: (-a) an up-to-date list of existing Strategic Partnerships and ongoing negotiations for Strategic Partnerships as well as Strategic Projects in third countries and Overseas countries and territories referred to in Annex II to the TFEU; (a) the extent to which Strategic Partnerships concluded by the Union contribute towards: (i) improving the Union’s security of supply; (ii) the benchmark set out in Article 1, paragraph 2, point (b); (iii) improving cooperation along the critical raw materials value chain between the Union and partner countries and Overseas countries and territories; (iii a) establishing strategic projects in third countries and Overseas countries and territories referred to in Annex II to the TFEU; (iii b) contributing to economic and social developments in partner countries, in particular for emerging markets and developing economies, through a governance framework that promotes human rights, while also promoting the uptake of environmentally sustainable and circular economy practices and decent working conditions and establishing mutually beneficial relationships to foster sustainable and inclusive economic, environmental and social development, the transition to a sustainable value-added economy and a stable investment environment; (b) the coherence and synergies the coherence and potential between Member States’ bilateral cooperation with relevant third countries and Overseas countries and territories and the actions carried out by the Union in the context of Strategic Partnerships with regard to developing an EU raw materials diplomacy and in line with the objectives and general principles set in NDICI- Global Europe regulation; (c) which third countries and Overseas countries and territories should be prioritised for the conclusion of Strategic Partnerships as part of an EU raw materials diplomacy, and in line with the objectives and general principles set in NDICI-Global Europe regulation taking into account the following criteria: (i) the potential contribution to security of supply, taking into account the potential reserves, extraction, processing and recycling capacities related to critical raw materials of third countries and of the overseas countries and territories; (ii) whether a third country’s regulatory framework ensures the effective whether a third country’s regulatory monitoring, prevention and minimisation of adverse environmental impacts, the use of socially responsible practices, the due respect of human and labour rights, meaningful engagement with local communities and their role in the governance, the use of transparent and responsible business practices, in compliance with due diligence processes as defined by EU legislation and the OECD Guidelines for Multinational Enterprises and the prevention of adverse impacts on the proper functioning of public administration, good governance practices and respects the rule of law and consider which ways the EU can contribute through its partnership policies, for example with vocational training and technical support, to strengthen the third countries’ regulatory frameworks; (iii) whether there are existing cooperation agreements between a third country and the Union and, for emerging whether there are existing markets and developing economies, whether the potential for the deployment of Global Gateway investment projects responds to shared visions such as the Africa Mining Vision, respects human rights, and ensures synergies with existing use of EU funding and financial tools, in line with Union policies and the Sustainable Development Goals and contribute to partner countries’ exploration of resources as well as to the development of own extraction, processing and recycling capacities that reflect the Union’s evolving capabilities, while limiting the increasing demand for critical raw materials and increasing efficiency throughout the value chains and supporting educational programmes and training of the labour force aimed at strengthening the pertinence of Critical Raw Materials-related skills and expertise by ensuring they are up-to-date with the latest digital and technical innovations; (iii a) whether the strategic partnership shall build critical infrastructure for the safe and sustainable extraction and processing, collection and recycling, and waste management of raw materials in third countries, especially in emerging markets and developing countries; (iv) for emerging markets and developing economies, whether and how a partnership could contribute to social and environmental progress and to in-country value creation as well as local value addition, including downstream and processing activities, and would be mutually beneficial for the partner country and the Union; (iv a) for emerging markets and developing economies, to what extent existing EU finance, funding and de- risking tools, in particular under Global Gateway, are used; and to what extent obstacles exist to the use of such tools in the context of strategic projects; (iv b) whether partnerships make international investment laws fairer, including through increased recognition of local laws in handling disputes between investors and host countries; technology transfer and the possibility to use export taxes on commodities, insofar as it is WTO compatible; (iv c) whether partnerships contribute to the formalization of the mining sector, especially the artisanal and small-scale mining sector, notably through developing conducive and comprehensive legal frameworks, ensuring access to capital, providing access to geological data and appropriate equipment and enabling a dialogue between artisanal small-scale mining stakeholders; 2. The Commission and the Board shall, in the context of paragraph 1 and in so far as relates to emerging markets and developing economies share and discuss best practices including those from relevant mining regions, ensure cooperation and policy coherence for sustainable development, as enshrined in the UN 2030 Agenda with other relevant coordination fora, including those established as part of the Global Gateway strategy. 2a. The European Parliament shall receive timely advance and ex post information about progress on strategic partnerships, assesses their consistency with the overall objectives, general principles and policy framework of EU legislation and policies and scrutinise funding and financial instruments aimed at supporting the creation of strategic partnerships. 2b. The Commission shall foster cooperation between Development Finance Institutions and Export Credit Agencies to develop a comprehensive approach in the raw material policy, while respecting the remit of their mandates. 3. Member States shall: (a) coordinate with the Commission to ensure coherence between their bilateral cooperation with relevant third countries and the Union’s non-binding Strategic Partnerships with third countries, whose scope at least includes critical raw materials value chain; (b) support the Commission in the implementation of the concrete cooperation measures set out in Strategic Partnerships.
Amendment 23 #
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. Furthermore, a part of the Union's new processing capacity might be developed under Strategic Partnerships in the EU lead Strategic Projects of mutual benefit in third countries, especially in developing countries and emerging markets. Thirdly, it is expected that in the coming decades a growing share of the Union's consumption of strategic raw materials can be covered by secondary raw materials, which would improve both the security and the sustainability of the Union’s raw materials supply. Therefore, Union recycling capacity should be able to produce at least 15 % of the Union’s annual consumption of strategic raw materials. These benchmarks refer to the 2030 time horizon, in alignment with the Union's climate and energy targets set under Regulation (EU) 2021/1119 of the European Parliament and of the Council29and 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 26 #
Proposal for a regulation
Recital 10
Recital 10
(10) In order to diversify the Union's supply of strategic raw materials, the Commission should, with the support of the Board, identify Strategic Projects in third countries that intend to become active in the extraction, processing or recycling of strategic raw materials. To ensure that such Strategic Projects are effectively implemented, they should benefit from improved access to finance. In order to ensure their added value, projects should be assessed against a set of criteria. Like projects in the Union, Strategic Projects in third countries should strengthen the Union's security of supply for strategic raw materials, show sufficient technical feasibility and be implemented sustainably. 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 policyIn many developing countries and emerging markets, the raw material sector can play a crucial role in reaching the Sustainable Development Goals, as raw materials are an important source of income and foster employment. Hence, for projects in emerging markets and developing economies, the project should be mutually beneficial for the Union and the third country involved. If needed, the EU will support third countries in reinforcing their legal framework, good governance capacity and transparency in the raw material sector with the aim to make the raw material partnership a win- win situation, also for local communities. Therefore, projects must be carried out in a fair and climate friendly way and not at the expense of the environment, human rights and peace. Furthermore, a project should add value in that country, and in cases of developing countries and emerging markets, enabling them to move up the value chain while taking into account also its consistency with the principles enshrined in the EU treaties, the Union’s common commercial policy as well as the principle of Policy Coherence for Development (PCD) as laid down in Article 208 TFEU. 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 36 #
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 transparent and responsiblebusiness practices. Projects should also ensure engagement in good faith as well as comprehensive and meaningful consultations with 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. Furthermore, the Commission should further engage, in close dialogue with third countries, in discussions about the development of European standards of critical raw materials extraction, processing and recycling. _________________ 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 50 #
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 as well as examine the need for developing new instruments to facilitate investments in the raw materials sector, given the fact that, in particular, investment projects at the exploration and extraction stage are deemed to be highly risky. As extractive and refining activities are capital- intensive and of long duration, economic operators need a friendly, predictable and stable business environment in resource rich countries to which the EU should contribute more actively in its overall external action. 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 third countries, the Board should in particular take into accountincluding developing countries and emerging markets, the Commission and the Board, together with the potential partner countries, should make raw material projects a priority under the Global Gateway strategy42. _________________ 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 65 #
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, analyse, 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 and the availability of sufficient access to finance. European Financial Institutions should enhance their presence and expertise in the raw material sector and improve their coordination with Export Credit Agencies to ensure synergies, review existing hurdles in terms of policy and deploy new tools. 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 and contribute to sustainable and responsible economic growth. Further effort must also be made to invest into cooperation with like-minded third countries that are covered neither by a Strategic Partnership nor by a free-trade agreement.
Amendment 69 #
Proposal for a regulation
Recital 54 a (new)
Recital 54 a (new)
(54a) The EU's strategic priority to diversify its strategic and critical raw materials supply needs to become a priority of the EU's external action and diplomacy in the framework of the Team Europe approach and in line with its energy and climate external policy. The results and success of the newly established European raw material diplomacy should be measured against the benchmarks set in Article 1(2)(b) and Article 33 of this Regulation and needs to be conducted coherently and in close cooperation with EU Delegations, businesses, financial institutions, reliable partners and other relevant stakeholders. The EU's raw material external policy should aim at explaining the EU's approach to resource-efficiency, sustainability and circularity as well as aim at cooperating and, if necessary, creating international fora for better coordination and transparency in the global raw material markets as well as for platforms of joint purchase. The EU's raw material policy has a clear geopolitical dimension, presenting an offer to partners to build reliable and mutual beneficial partnerships teaming up for creating and fostering industries with decent and sustainable jobs and for a sustainable economic future worldwide in accordance with the Paris Agreement and the Sustainable Development Goals.
Amendment 75 #
Proposal for a regulation
Article 1 – paragraph 2 – point a – point ii
Article 1 – paragraph 2 – point a – point ii
(ii) Union processing capacity, including for all intermediate processing steps, is able to produce at least 40% of the Union's annual consumption of strategic raw materials;, which can include processing capacities developed under Strategic Partnerships led by the EU and of mutual benefit, especially in developing countries and emerging markets.
Amendment 95 #
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 include only reliable project partners, it would be operated under the framework of a sustainability certification scheme on raw materials recognised by the Commission and be mutually beneficial for the Union and the third country concerned by adding value in that country, including mitigating risks regarding environmental protection, human rights and labour rights.
Amendment 110 #
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 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 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 and open strategic autonomy.
Amendment 116 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) In addition to growing demand of primary and secondary raw materials, there is a growing demand for skilled workers. The shortage of skilled workers in Europe is already at a critical stage, also in the raw materials sector, which will require an additional 1.2 million skilled people by 2030 in the e-mobility and renewables sector alone. The EU shall therefore support Member States in providing training and skills and consider concrete actions on EU level, such as the development of a European Raw Materials Academy to provide talents to the raw and advanced materials sectors, and to reskill and upskill the existing workforce.
Amendment 122 #
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 benchmarks defined for each strategic raw material. As regards recycling, the aim should be to improve the recycling capacity of each strategic raw material where technically and economically feasible. 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, in particular aiming to decrease direct and indirect dependencies on non-reliable partners. Thirdly, is necessary to provide measures to reinforce the Union’s ability to identify, monitor and mitigate existing and future supply risks and rapidly act accordingly. Fourthly, the framework should contain measures to increase the circularity and sustainability of the critical raw materials consumed in the Union.
Amendment 128 #
Proposal for a regulation
Article 33 – paragraph 1 – point -a (new)
Article 33 – paragraph 1 – point -a (new)
(-a) an up-to-date list of existing Strategic Partnerships and ongoing negotiations for Strategic Partnerships as well as Strategic Projects in third countries;
Amendment 134 #
Proposal for a regulation
Article 33 – paragraph 1 – point b
Article 33 – paragraph 1 – point b
(b) with regard to developing an EU raw materials diplomacy: the coherence and potential synergies between Member States’ bilateral cooperation with relevant third countries and the actions carried out by the Union in the context of Strategic Partnerships;
Amendment 136 #
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, 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 136 #
Proposal for a regulation
Article 33 – paragraph 1 – point c – introductory part
Article 33 – paragraph 1 – point c – introductory part
(c) which third countries, as part of an EU raw materials diplomacy, should be prioritised for the conclusion of Strategic Partnerships, taking into account the following criteria:
Amendment 148 #
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. This capacity should be built up in coherence with production targets in the Net Zero Industry Act1b. Furthermore, a part of the Union's new processing capacity might be developed under strategic partnerships in EU lead strategic projects of mutual benefit in third counties, especially in developing countries and emerging markets.Thirdly, it is expected that in the coming decades a growing share of the Union's consumption of strategic raw materials can be covered by secondary raw materials, which would improve both the security and the sustainability of the Union’s raw materials supply. Therefore, Union recycling capacity should be able to produce at least 15 % of the Union’s annual consumption of eachstrategic raw materials, with the aim to increase the recycling capacity of each strategic material, where technically and economically feasible. 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 Council29and 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. _________________ 1b Proposal for a Regulation of the European Parliament and of the Council on establishing a framework of measures for strengthening Europe’s net-zero technology products manufacturing ecosystem (Net Zero Industry Act) 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 149 #
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 local communities, the use of transparent business practices and the prevention of adverse impacts on the proper functioning of public administration and respects the rule of law;
Amendment 166 #
Proposal for a regulation
Article 33 – paragraph 2 a (new)
Article 33 – paragraph 2 a (new)
2a. The Commission shall foster cooperation between Development Finance Institutions and Export Credit Agencies to develop a comprehensive approach in the raw material policy.
Amendment 168 #
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 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 174 #
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, and in cooperation with reliable partners including the G7, identify Strategic Projects in third countries that intend to become active in the extraction, processing or recycling of strategic raw materials. To ensure that such Strategic Projects are effectively implemented, they should benefit from improved access to finance and de-risking mechanisms for investment. In order to ensure their added value, projects should be assessed against a set of criteria. Like projects in the Union, Strategic Projects in third countries should contribute to the strengthening of the Union's security of supply for strategic raw materials, show sufficient technical feasibility and be implemented sustainably using the framework of a sustainability certification scheme on raw materials recognised by the Commission. 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. If needed, the EU will support 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, and in cases of developing and emerging countries, enabling it to move up the value chain while taking into account also its consistency with the principles enshrined in the EU Treaties, the Union’s common commercial policy and strategic priorities as well as the principle of Policy Coherence for Development (PCD) as laid down in Article 208 TFEU. 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 180 #
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 astransparent business practices. Projects should also ensure engagement in good faith as well as comprehensive and meaningful consultations with 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. Furthermore, the Commission should further engage, in close dialogue with Member States, third countries, industry, standardization bodies and other relevant stakeholders, in discussions about the development of European standards of critical raw materials extraction, processing and recycling. _________________ 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 191 #
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 third countries. Special attention should be paid to social partners, civil society and other oversight actors. The promoter should also provide a business plan providing information regarding the project’s financial viability and giving an overview of funding and off- , including the ownership structure in order to ensure that project funding is not contradicting the aim of increasing the cooperation with reliable partners, especially as regards projects in or financed by partners from third countries. Furthermore, information should be provided on 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 199 #
Proposal for a regulation
Recital 16
Recital 16
(16) In light of their importance for ensuring the security of supply of strategic raw materials, Strategic Projects should be considered to be in the public interest or of public security concern. 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 206 #
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 and public security concern. Strategic Projects which have an adverse impact on the environment, to the extent it falls under the scope of Directive 2000/60/EC, Council Directive 92/43/EEC and Directive 2009/147/EC39may be authorised where the responsible permitting authority concludes, based on its case-by-case assessment, that the public interest served by the project overrides those impacts, provided that all relevant conditions set out in those Directives are met. Where relevant, the case-by-case assessment should take into account the geological specificity of extraction sites, which constrains decisions on location. _________________ 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 210 #
Proposal for a regulation
Recital 20
Recital 20
(20) In order to reduce complexity and increase efficiency and transparency in permitting process, project promoters of critical raw materials projects should be able to interact with a single national authority, which is responsible for facilitating and coordinating the entire permit granting process and in the case of Strategic Projects shall issue a comprehensive decision within the applicable time limit. To that end, Member States should designate a single national competent authority. There should be a case officer providing an easy point of contact. In cases where a Project Promoter has more than one project in one Member State, the same case officer should be in charge. Where needed in light of a Member State's internal organisation, the tasks of the national competent authority should be able to be delegated to a different authority, subject to the same conditions. To ensure the effective implementation of its responsibilities, Member States should provide their national competent authority, or any authority acting on its behalf, with sufficient personnel and resources.
Amendment 211 #
Proposal for a regulation
Recital 20
Recital 20
(20) In order to reduce complexity and increase efficiency and transparency in permitting process, project promoters of critical raw materials projects should be able to interact with a single national authority, which is responsible for facilitating and, coordinating and streamlining the entire permit granting process and in the case of Strategic Projects shall issue a comprehensive decision within the applicable time limit. To that end, Member States should designate a single national competent authority. Where needed in light of a Member State's internal organisation, the tasks of the national competent authority should be able to be delegated to a different authority, subject to the same conditions. To ensure the effective implementation of its responsibilities, Member States should provide their national competent authority, or any authority acting on its behalf, with sufficient personnel and resources.
Amendment 219 #
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 third countries. Responsible national, regional and local authorities should therefore consider including provisions for raw materials projects when developing relevant plans.
Amendment 222 #
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 isand financial instruments aiming to de- risk investments that are 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 226 #
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 as well as examine the need for developing new instruments, including, if necessary, to review the Taxonomy, in order to facilitate investments in the raw material sector. 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 third countries, the Board should in particular take into account including emerging markets and developing countries, the Commission and the Board, in cooperation with the potential partner countries, should make raw materials projects a priority under the Global Gateway strategy42. _________________ 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 231 #
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, in 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 234 #
Proposal for a regulation
Recital 31
Recital 31
(31) The volatile prices of several strategic raw materials, exacerbated by limited means to hedge them on forward markets, create an obstacle both for project promoters to secure financing for strategic raw material projects as well as for downstream consumers looking to secure stable and predictable prices for key inputs. In an effort to reduce uncertainty over future prices for strategic raw materials, it is necessary to provide for the setting up of a system that enables both interested off- takers and promoters of Strategic Projects to indicate their buying or selling bids and to bring them in contact if the respective bids are potentially compatible. Support should also be given to the creation of a platform aiming to enable business consortia to access markets that are not yet covered by a Strategic Partnership or a free trade agreement.
Amendment 239 #
Proposal for a regulation
Recital 32
Recital 32
(32) The existing knowledge and mapping of the Union’s raw materials occurrences were developed at a time when ensuring the supply of critical raw materials for the development of strategic technologies was not a priority. To acquire and update information on the critical raw material occurrences, Member States should draw up national programmes for the general exploration of critical raw materials and carrier metals of critical raw materials, which should include measure such as mineral mapping, geochemical campaigns, geoscientific surveys as well as the reprocessing of existing geoscientific datasets. The identification of mineral occurrences and the assessment of the technical and economic viability to extract them involves high financial. To lower that risk and facilitate the development of extraction projects, Member States should make publicly available the information acquired during their respective national exploration programme, where appropriate using the framework of the Infrastructure for Spatial Information established by Directive 2007/2/EC of the European Parliament and the Council43. _________________ 43 Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1-14).
Amendment 247 #
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, where necessary, and reinforce the preparedness of companies.
Amendment 255 #
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 261 #
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 or public security concern, and may be considered as having an overriding public interest provided that all the conditions set out in those Directives are fulfilled.
Amendment 263 #
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 286 #
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 and lead to the establishment of concrete (strategic) projects. To develop and ensure a coherent framework for the conclusion of future partnerships and to develop a European raw materials diplomacy in line with the Union’s energy and climate diplomacy, the Member States and the Commission should, as part of their interaction on the Board, analyse, 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 and the availability of sufficient access to finance. 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 made to invest into cooperation with international reliable partners, especially the G7, countries participating in the internal market, candidate countries or like-minded third countries that are covered neither by a strategic partnership nor by a free trade agreement.
Amendment 289 #
Proposal for a regulation
Recital 54 a (new)
Recital 54 a (new)
(54a) The EU's strategic priority to diversify its strategic and critical raw materials supply needs to become a priority of the EU's external action and diplomacy in the framework of the Team Europe approach and in line with its energy and climate external policy. The results and success of the newly established European raw material diplomacy should be measured against the benchmarks set in Article 1(2)(b) and Article 33 of this Regulation and needs to be conducted coherently and in close cooperation with business, financial institutions, reliable partners and other relevant stakeholders. The EU's raw material external policy should aim at explaining the EU's approach to resource-efficiency, sustainability and circularity as well as aim at cooperating and, if necessary, creating international fora for better coordination and transparency in the global raw material markets as well as for platforms for joint purchase.
Amendment 293 #
(55) In order to support the implementation of tasks pertaining to the development of Strategic Projects and their financing, exploration programmes, monitoring capacities or strategic stocks and to advise the Commission appropriately, a European Critical Raw Materials Board should be established. The Board should be composed of Member States and, of the Commission and the European Parliament, while being able to ensure participation of other parties as observers. To develop the necessary expertise for the implementation of certain tasks, the Board should establish standing sub-groups on financing, exploration, monitoring and strategic stocks, that should act as a network by gathering the different relevant national authorities and, when necessary, consult industry, academia, civil society and other relevant stakeholders. The Board’s advice and opinions should be non-binding and the absence of such an advice or opinion should not prevent the Commission from performing its tasks under this Regulation.
Amendment 301 #
Proposal for a regulation
Recital 62 a (new)
Recital 62 a (new)
(62a) Union legislation will have to reflect and build upon the strategic priorities set out in this Regulation and actively support the creation and deployment of strategic and critical raw materials projects, both within the Union and in third countries. To ensure that strategic priorities of this Regulation are consistently taken into account and implemented, the Commission should continuously monitor and amend existing legislation where necessary.
Amendment 309 #
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 30 days from the date on which the project promoter submitted its request. It shall aim to streamline the process and guide the project promoter through the process.
Amendment 320 #
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 2
Article 11 – paragraph 2 – subparagraph 2
Under the coordinated procedure referred to in the first subparagraph, the national competent authority referred to in Article 8(1) shall coordinate and streamline the various individual assessments of the environmental impact of a particular project required by the relevant Union legislation.
Amendment 323 #
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% of the Union's annual consumption of each strategic raw materials.
Amendment 335 #
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) diversify the Union's imports of strategic raw materials with a view to ensure that, by 2030, the Union's annual consumption of each strategic raw material at any relevant stage of processing can rely on imports from several third countries, none of which provide more than 65% of the Union's annual consumption, while priority should be given to decrease dependencies on non-reliable partners;
Amendment 367 #
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 objectives. Within that assessment, flexibility is needed to consider the unique specifications of the raw material in question, including material properties and challenges along the value chain. It should also aim at supporting existing capacities.
Amendment 430 #
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1 a (new)
Article 3 – paragraph 2 – subparagraph 1 a (new)
The methodology for the assessment of strategic raw materials shall be transparent.
Amendment 440 #
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: fourtwo years after the date of entry into force of this Regulation], and every 4 four years thereaftertwo years thereafter. Upon request by the Board, based on monitoring and stress testing in accordance with this Regulation, the Commission shall review or update the list at any time outside of these scheduled reviews.
Amendment 454 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The raw materials listed in Annex II, Section 1 shall be considered critical raw materials. The list of critical raw materials and related priorities shall be considered in all European legislation where these materials are directly or indirectly impacted.
Amendment 461 #
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: fourtwo years after the date of entry into force of this Regulation], and every 4 four years thereaftertwo years thereafter. Upon request by the Board, based on monitoring and stress testing in accordance with this Regulation, the Commission shall review or update the list at any time outside of these scheduled reviews.
Amendment 497 #
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 include only reliable project partners, it would be operated under the framework of a sustainability certification scheme on raw materials recognised by the Commission and be mutually beneficial for the Union and the third country concerned by adding value in that country.
Amendment 511 #
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 520 #
Proposal for a regulation
Article 6 – paragraph 1 – point e a (new)
Article 6 – paragraph 1 – point e a (new)
(ea) for projects in third countries, evidence provided by the project promoter that at least 40% of its ownership is based in the Union;
Amendment 524 #
Proposal for a regulation
Article 26 – paragraph 1 – point 1 b (new)
Article 26 – paragraph 1 – point 1 b (new)
(1b) Operators are exempted from the obligation if their mining waste facilities cannot contain critical raw materials.
Amendment 539 #
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 549 #
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 557 #
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 or public security concern, and may be considered as having an overriding public interest provided that all the conditions set out in those Directives are fulfilled.
Amendment 571 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. By [OP please insert: 3 months after the date of entry into force of this Regulation], Member States shall designate one national competent authority which shall be responsible for facilitating and, coordinating and streamlining the permit- granting process for critical raw material projects and provide information on the elements referred to in Article 17.
Amendment 575 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 (new)
Article 8 – paragraph 2 – subparagraph 1 (new)
A case officer shall be assigned by the One Stop Shops to critical raw materials projects that have been granted the status of Strategic Project. The case officer shall provide an easy point of contact and assist the Project Promoter in navigating any internal bureaucracy. In cases where a Project Promoter has more than one critical raw materials project in a Member State, the same case officer shall be assigned for all projects.
Amendment 583 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. The national competent authority referred to in paragraph 1 shall ensure that applicants have easy access to information on and simple procedures for the settlement of disputes concerning the permit granting process and the issuance of permits for critical raw materials projects, including, where applicable, alternative dispute resolution mechanisms. The Board shall share and discuss best practices including from other relevant mining regions in order to ensure structured and predictable formats.
Amendment 606 #
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 principle of tacit administrative approval does not exist in the national legal system or 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 609 #
Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 1
Article 10 – paragraph 5 – subparagraph 1
No later than one month following the receipt of a permit granting application related to a Strategic Project, the national competent authority referred to in Article 8(1) shall validate the application or, if the project promoter has not sent all the information required to process an application, request the project promoter to submit a complete application within fourteen days from this request, outlining which information is missing.
Amendment 619 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure, in close cooperation, that national, regional and local authorities responsible for preparing plans, including zoning, spatial plans and land use plans, include in such plans, where appropriate, provisions for the development of critical raw materials projects. Priority shall be given to artificial and built surfaces, industrial sites, brownfield sites, and, where appropriate, greenfield sites not usable for agriculture and forestrctive or abandoned mines and, where appropriate, mineral deposits verified by a Member State’s geological survey.
Amendment 629 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission and the Member States shall undertake activities to accelerate and crowd-in private investments inraw materials, starting with 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 632 #
Proposal for a regulation
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
2. Member States mayshall provide administrative support to raw material projects, starting with Strategic Projects, to facilitate their rapid and effective implementation, including by providing:
Amendment 638 #
Proposal for a regulation
Article 14 – paragraph 2 – point b a (new)
Article 14 – paragraph 2 – point b a (new)
(ba) assisting to ensure predictable, regular, timely and clear communication to the project promoter, especially in cases where the information flow is at risk to delay the project.
Amendment 642 #
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. Member States shall consider providing financial support to raw materials projects, starting with strategic raw material projects, such as a dedicated national raw materials fund, the use of tax breaks, financial guarantees, grants, or other risk-mitigation financial measures.
Amendment 643 #
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
1. The standing sub-group referred to in Article 35(6), point (a) shall , at the request of a project promoter of a Strategic Project, discuss and advise on how the financing of its project can be completed and issue recommendations on future resources and funding instruments such as a European Fund for Raw Materials, taking into account the funding already secured and considering at least the following elements:
Amendment 657 #
Proposal for a regulation
Article 16 – title
Article 16 – title
Facilitating cooperation and off-take agreements
Amendment 658 #
Proposal for a regulation
Article 16 – paragraph -1 (new)
Article 16 – paragraph -1 (new)
-1. By [OP please insert: 6 months after the date of entry into force of this Regulation], the Commission shall set up a platform bringing together company representatives along the critical and strategic raw materials value chain with the aim to support exploration, processing and recycling in third countries with which the EU does not yet have strategic partnerships or other trading agreements. The platform shall enable the Commission to facilitate and support strategic relations and between project promoters and respective national governments.
Amendment 659 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Commission, together with the European Raw Materials Alliance, shall set up a system to facilitate the conclusion of off- take agreements related to Strategic Praw materials projects, in compliance with competition rules.
Amendment 662 #
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 664 #
Proposal for a regulation
Article 16 – paragraph 3 – introductory part
Article 16 – paragraph 3 – introductory part
Amendment 666 #
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 666 #
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.
Amendment 667 #
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 672 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Each Member State shall draw up a national programme for general exploration targeted at critical raw materials and carrier metals of critical raw materials. Each Member State shall draw up the first such programme by [OP please insert: 1 year after the date of entry into force of this Regulation]. The national programmes shall be reviewed and, if necessary, updated, at least every 5 years.
Amendment 676 #
Proposal for a regulation
Article 18 – paragraph 2 – point e
Article 18 – paragraph 2 – point e
(e) reprocessing of existing geoscientific survey data to check for unidentified mineral occurrences containing critical raw materials and carrier metals.
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 687 #
Proposal for a regulation
Article 18 – paragraph 6 – point c
Article 18 – paragraph 6 – point c
(c) the possibility to createcreation of an integrated database for storing the results of the national programmes referred to in paragraph 1.
Amendment 692 #
Proposal for a regulation
Article 19 – paragraph 1 – point d a (new)
Article 19 – paragraph 1 – point d a (new)
(da) geopolitical developments and security challenges facing the Union.
Amendment 698 #
Proposal for a regulation
Article 19 – paragraph 2 – point b
Article 19 – paragraph 2 – point b
(b) gathering, in coordination with the Commission and the other participating authorities, information on the evolution of the parameters listed in paragraph 1, including the information referred to in Article 20 without prejudice to applicable competition and anti-trust legislation ;
Amendment 705 #
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 715 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
Amendment 746 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. The Commission shall setupport Member States and interested companies in setting up and operateing a system to aggregate the demand of interested undertakings consuming strategic raw materials established in the Union and Member State authorities responsible for strategic stocks and seek offers from suppliers to match that aggregated demand. This shall cover both unprocessed and processed strategic raw materials.
Amendment 760 #
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, sorting and treatment 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 in line with Article 4 of Directive 2008/98/EC, 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 777 #
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 manufacturingthat can be used instead or alongside primary critical raw materials, including materials originating from metal scraps and end-of-life products, including, where appropriate, by taking recycled content into account in award criteria related to public procurement or considering financial incentives for the use of such materials;
Amendment 812 #
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 827 #
Proposal for a regulation
Article 27 – paragraph 4 – introductory part
Article 27 – paragraph 4 – introductory part
4. The data carrier referred to in paragraph 3 shall be linked to a unique product identifier that provides targeted access to the following:
Amendment 840 #
Proposal for a regulation
Article 28 – paragraph 3 – subparagraph 1
Article 28 – paragraph 3 – subparagraph 1
Amendment 841 #
Proposal for a regulation
Article 28 – paragraph 3 – subparagraph 2
Article 28 – paragraph 3 – subparagraph 2
Amendment 845 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
Governments or organisations that have developed and oversee certification schemes related to the sustainability of critical raw materials ("scheme owners") may apply to have their schemes recognised by the Commission. The decision of recognition of a scheme shall be published no later than 6 months after the application submitted by the scheme owner.
Amendment 879 #
Proposal for a regulation
Article 33 – paragraph 1 – introductory part
Article 33 – paragraph 1 – introductory part
1. The Board shall periodically[OP please insert: within 1 year after entry into force of this Regulation] and from then on, on a regular basis present a report discussing:
Amendment 881 #
Proposal for a regulation
Article 33 – paragraph 1 – point -a (new)
Article 33 – paragraph 1 – point -a (new)
(-a) an up-to-date list of existing Strategic Partnerships and ongoing negotiations for Strategic Partnerships as well as Strategic Projects third countries;
Amendment 882 #
Proposal for a regulation
Article 33 – paragraph 1 – point a – point i
Article 33 – paragraph 1 – point a – point i
(i) improving the Union's security of supply, taking into account the benchmarks set out in Article 1(2)(a);
Amendment 884 #
Proposal for a regulation
Article 33 – paragraph 1 – point a – point iii
Article 33 – paragraph 1 – point a – point iii
(iii) improving cooperation along the critical raw materials value chain between the Union and partner countriethe Union’s independence from third countries, taking into account the benchmark set out in Article 1(2)(b) with a particular focus on cooperation with reliable partners;
Amendment 890 #
Proposal for a regulation
Article 33 – paragraph 1 – point b
Article 33 – paragraph 1 – point b
(b) with regard to developing an EU raw materials diplomacy, the coherence and potential synergies between Member States’ bilateral cooperation with relevant third countries and the actions carried out by the Union in the context of Strategic Partnerships;
Amendment 892 #
Proposal for a regulation
Article 33 – paragraph 1 – point b a (new)
Article 33 – paragraph 1 – point b a (new)
(ba) projects envisaged or created with third countries that are neither covered by strategic partnerships nor by trade agreements, but pursued within the scope of the platform set out in Article 16;
Amendment 893 #
Proposal for a regulation
Article 33 – paragraph 1 – point c – introductory part
Article 33 – paragraph 1 – point c – introductory part
(c) which third countries as part of an EU raw materials diplomacy, should be prioritised for the conclusion of Strategic Partnerships, taking into account the following criteria:
Amendment 897 #
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 adverse 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 and responsible business practices and the prevention of adverse impacts on the proper functioning of public administration and the rule of law; and in which ways the EU can contribute through its partnership policies, for example with vocational training and technical support, to strengthen the third countries' regulatory frameworks;
Amendment 904 #
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 third country and the Union and, for emerging markets and developing economies, the potential for the deployment of Global Gateway investment projects contributing to partner countries’ exploration of resources as well as to the development of own extraction, processing and recycling capacities as well as related skills.
Amendment 906 #
Proposal for a regulation
Article 33 – paragraph 1 – point c – point iv
Article 33 – paragraph 1 – point c – point iv
(iv) for emerging markets and developing economuntries, whether and how a partnership could contribute to local value additionin-country value creation as well as local value addition, including downstream activities, and would be mutually beneficial for the partner country and the Union.
Amendment 907 #
Proposal for a regulation
Article 33 – paragraph 1 – point c – point iv a (new)
Article 33 – paragraph 1 – point c – point iv a (new)
Amendment 910 #
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. The Commission and the Board shall, in the context of paragraph 1 and in so far as relates to emerging market and developing economuntries, ensure cooperation and coherence with other relevant coordination fora, including those established as part of the Global Gateway strategy and shall inform the European Parliament regularly.
Amendment 915 #
Proposal for a regulation
Article 33 – paragraph 3 – point b
Article 33 – paragraph 3 – point b
(b) support the Commission in the implementation of concrethe cooperation measures set out in Strategic Partnerships.
Amendment 919 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The European Critical Raw Materials Board is hereby established.
Amendment 923 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The Board shall be composed of Member States and, the Commission and the European Parliament. It shall be chaired by the Commission.
Amendment 927 #
Proposal for a regulation
Article 35 – paragraph 2 a (new)
Article 35 – paragraph 2 a (new)
2a. Each Member State shall appoint the most senior representative from its one stop shop as an observer to the board.
Amendment 928 #
Proposal for a regulation
Article 35 – paragraph 2 b (new)
Article 35 – paragraph 2 b (new)
2b. The European Defence Agency, the European Chemical Agency, the European Environmental Agency, and the European External Action Service shall each appoint a high-level representative as an observer to the board.
Amendment 930 #
Proposal for a regulation
Article 35 – paragraph 4 – subparagraph 2 – point c a (new)
Article 35 – paragraph 4 – subparagraph 2 – point c a (new)
(ca) every 6 months for the assessment of Strategic Projects in order to discuss the progress with respective representatives of industry.
Amendment 940 #
Proposal for a regulation
Article 35 – paragraph 6 – subparagraph 2 – point d a (new)
Article 35 – paragraph 6 – subparagraph 2 – point d a (new)
(da) a subgroup bringing together industry representatives covering the entire critical raw materials value chain with the purpose of contributing to the process of possible request for amendments to the list of strategic or critical raw materials set out in Articles 3(3) and 4(4) as well as to the evaluation of Strategic Projects and Strategic Partnership set out in Article 33.
Amendment 970 #
Proposal for a regulation
Article 42 a (new)
Article 42 a (new)
Amendment 980 #
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point -a (new)
Annex I – Section 1 – paragraph 1 – point -a (new)
(-a) Aluminium
Amendment 988 #
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 997 #
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 1003 #
(i) Manganese - battery gradgnesite/ Manganese
Amendment 1006 #
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 1012 #
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point j
Annex I – Section 1 – paragraph 1 – point j
(j) Natural Graphite - battery gradGraphite
Amendment 1023 #
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 1030 #
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point m
Annex I – Section 1 – paragraph 1 – point m
(m) Rare Earth Elements for magnets (Nd, Pr, Tb, Dy, Gd, Sm, and Ce)
Amendment 1074 #
Proposal for a regulation
Annex II – Section 1 – paragraph 1 – point c
Annex II – Section 1 – paragraph 1 – point c
(c) Aluminium/ Bauxite
Amendment 1086 #
Proposal for a regulation
Annex II – Section 1 – paragraph 1 – point v
Annex II – Section 1 – paragraph 1 – point v
(v) Natural Graphite
Amendment 1095 #
Proposal for a regulation
Annex II – Section 1 – paragraph 1 – point w
Annex II – Section 1 – paragraph 1 – point w
(w) Nickel – battery grade
Amendment 1109 #
Proposal for a regulation
Annex III – point 3 – point b
Annex III – point 3 – point b
Amendment 1114 #
Proposal for a regulation
Annex III – point 4 – introductory part
Annex III – point 4 – introductory part
4. Whether a project fulfils the criterion referred to in Article 5(1), point (c), shall be assessed taking into account, where applicable, a project’s compliance with the following Union legislation or international instruments: