Activities of Henrike HAHN 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
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulations (EU) 168/2013, (EU) 2018/858, 2018/1724 and (EU) 2019/1020
Amendments (173)
Amendment 19 #
Proposal for a regulation
Recital 2
Recital 2
(2) Given the complexity and the transnational character of critical raw material value chains, uncoordinated national measures to ensure a secure and sustainable supply of critical raw materials have a high potential of distorting competition and fragmenting the internal market. Therefore, to safeguard the functioning of the internal market, a common Union framework should be created to collectively address this central challenge, including with a view to sharing the burden of the costs of such measures, while safeguarding EU State aid rules.
Amendment 28 #
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, or where market mechanisms lead to an excessive concentration on few suppliers, 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.
Amendment 29 #
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29 a) In principle, reliance on market mechanisms will favour the most price- competitive source for raw material supply chains, which could lead to alternative sources ceasing operations and excessive concentration. Mitigating such vulnerabilities can therefore carry additional costs above the lowest market price. Any public funding compensating for this effect needs to be accessible equally across all Member States, requiring joint funding at European level. Such funding should not come at the expense of existing MFF priorities, but rather constitute funds drawn from the unallocated margins under the MFF ceilings or mobilised through the non- thematic MFF special instruments.
Amendment 39 #
Proposal for a regulation
Recital 46
Recital 46
(46) To address the current lack of information on the critical raw materials potential of closed extractive waste facilities, Member States should draw up a database containing all information relevant to promote the recovery, notably the quantities and concentrations of critical raw materials in the extractive waste facility, in compliance with Union competition rules. The information should be made publicly available and in a user- friendly and digital form, enabling access to more detailed, technical information. To facilitate user-friendly access to the information, Member States should for instance provide a point of contact to enable more in-depth exchanges with potential developers of critical raw materials recovery projects. The database should be designed to allow potential project promoters to easily identify facilities with a high potential for economically viable recovery in the short and medium term. To focus limited resources, Member States shcould follow a staged approach in the collection of information and perform the more demanding information collection steps only for the most promising facilities. The information collection activities should be aimed at providing accurate and representative information on the extractive waste facilities and gaining the best possible indication of the critical raw materials recovery potential.
Amendment 46 #
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1 a. For Strategic Projects located in the Union, the support referred to in paragraph 1 shall be conditional on stringent environmental, social and labour commitments taken by the relevant project promoters, including in the form of decarbonisation plans, labour reskilling plans, commitment to effective social dialogue and collectively negotiated wages, high quality apprenticeships and decent working conditions.
Amendment 48 #
Proposal for a regulation
Article 14 – paragraph 1 b (new)
Article 14 – paragraph 1 b (new)
1 b. In order to prevent fragmentation of the single market, support mentioned in paragraph 1 of this article shall also be made available from the EU Sovereignty Fund.
Amendment 49 #
Proposal for a regulation
Article 14 – paragraph 1 c (new)
Article 14 – paragraph 1 c (new)
1 c. The Commission shall draw on resources from the EU Sovereignty Fund with special focus on facilitating the creation and expansion of critical raw material processing and recycling facilities working in close cooperation with the European Environmental Agency and the European Climate, Infrastructure and Environment Executive Agency to ensure the highest ecological social standards possible. The amount of the financial envelope shall be drawn from the unallocated margins under the multiannual financial framework ceilings or mobilised through its non-thematic special instruments.
Amendment 63 #
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1 a. The Commission shall additionally set up a one-stop-shop to coordinate funding sources for the benefit of equal information and opportunity for economic actors throughout the Member States.
Amendment 65 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Commission shall set up a system to facilitate the conclusion of off- take agreements related to Strategic Projectsto the benefit of those Strategic Projects identified pursuant to Article 5, in compliance with competition rules.
Amendment 76 #
Proposal for a regulation
Article 25 – paragraph 1 – point a
Article 25 – paragraph 1 – point a
(a) increase the collection of waste with highand sorting of waste containing a relevant amount of critical raw materials recovery potential and ensure their introduction into the appropriate recycling system, with a view to maximising the availability and quality of recyclable material as an input to critical raw material recycling facilities;
Amendment 78 #
Proposal for a regulation
Article 25 – paragraph 1 – point b
Article 25 – paragraph 1 – point b
(b) increase the waste prevention, repair, preparation for re-use and re-use of products and components with highcontaining a relevant amount of critical raw materials recovery potential;
Amendment 83 #
Proposal for a regulation
Article 25 – paragraph 1 – point e a (new)
Article 25 – paragraph 1 – point e a (new)
(e a) significantly reduce the annual consumption of critical raw materials compared to projections until 2030, 2040 and 2050, of annual consumption of critical raw materials. These projections shall be set by the Commission by means of a delegated act adopted by [3 months after the entry into force of this Regulation], in accordance with Article 36;
Amendment 86 #
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 1
Article 25 – paragraph 2 – subparagraph 1
The programmmeasures referred to in points (a) to (c) of paragraph 1 shall cover in particular products and waste which are not subject to any specific requirement on collection, treatment, recycling or re-use under Union legislation. For other products and waste, the measures shall be implemented in coherence with existing Union legislation.
Amendment 87 #
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 2
Article 25 – paragraph 2 – subparagraph 2
With respect to points (a) and (b) of paragraph 1, the programmes referred to in that paragraph may include, without prejudice to Articles 107 and 108 of the TFEU, the introduction of financial incentives, such as discounts, monetary rewards or deposit-refund systems, to encourage the re-use of products with higha relevant amount of critical raw materials recovery potential and the collection of waste from such products, as well as economic instruments and other measures listed in Annex IVa of Directive 2008/98/EC on waste.
Amendment 88 #
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Each Member State shall by [OP please insert: 4 years after the date of entry into force of this Regulation] adopt and implement measures to promote the recovery of critical raw materials from extractive waste, in particular from closed waste facilities identified in the database created in accordance with Article 26 as containing potentially economically recoverable critical raw materials.
Amendment 89 #
Proposal for a regulation
Article 25 – paragraph 7 – subparagraph 1
Article 25 – paragraph 7 – subparagraph 1
The Commission shall adopt implementing acts specifying a list of products, components and waste streams that shall at least be considered as having a highrelevant amount of critical raw materials recovery potential within the meaning of paragraph 1 (a) and (b).
Amendment 90 #
Proposal for a regulation
Article 25 – paragraph 7 – subparagraph 2 – point a
Article 25 – paragraph 7 – subparagraph 2 – point a
(a) the total amount and proportion of critical raw materials recoverable from those products, components and waste streams:
Amendment 109 #
Proposal for a regulation
Recital 1
Recital 1
(1) Access to raw materials is essential for the Union economy and the functioning of the internal market. There is a set of non-energy, non-agricultural raw materials that, due to their high economic importance and their exposure to high supply risk, often caused by a high concentration of supply from a few third countries, are considered critical. Given the key role of many such critical raw materials in realising the green and digital transitions, and in light of their use for defence and space applications, demand will increase exponentially in the coming decades if no sufficient measures are implemented to mitigate growth and protect the EU from the rising gap between demand and supply at the global level. 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 and mitigated 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 and to curb the expected exponential growth in demand in the Union, in order to safeguard the Union's economic resilience and open strategic autonomy.
Amendment 129 #
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 mitigating the expected exponential growth in demand, and 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. Secondly, as the Union will continue to rely on imports, the framework should include measures to increase the diversification of external supplies of strategic raw materials. Thirdly, is necessary to provide measures to reinforce the Union’s ability to monitor and mitigate existing and future supply risks. Fourthly, the framework should contain measures to increase the circularity and sustainability of the critical raw materials consumed in the Union, towards a fully circular economy.
Amendment 132 #
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 from non-agricultural and non-energy 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 or health 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 and which present a very low potential of substitution. To take account of possible technological and economic changes, 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 focused on the materials for which they are most needed, the relevant measures should only apply to the list of strategic raw materials.
Amendment 143 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) In order to increase resilience of the Union in the context of the anticipated sharp increase in demand for certain raw materials worldwide, particularly with regard to the development of certain strategic technologies, the Union should take anticipative measures to mitigate the expected increase in the consumption of critical raw materials compared to projections, without compromising the achievement of the objective enshrined in the Climate Law and in accordance with the necessary reinforcement of the Union’s strategic autonomy. These policy measures should take into account social impacts and redistributive effects.
Amendment 156 #
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 extractionself-sufficiency, processing and recycling of strategic raw materials. Firstly, the Union should increase the use ofassess and map its own geological resources of strategiccritical raw materials and build up capacity to allow it to extract the materials needed to produceensure a level of self-sufficiency of at least 10 % of the Union's consumption of strategic raw materials. K, 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 availabilityand that secondary raw materials should be prioritised. Secondly, in order to build a full value chain and prevent any bottlenecks at intermediate stages, the Union should in addition increase its processing capacity along the value chain and be able to produce at least 40 % of its annual consumption of strategic raw materials. Thirdly, it is expected that in the coming decades a growing share of the Union's consumption of strategic raw materials canshould be covered by secondary raw materials, which wouldin order to improve both the security and the sustainability of the Union’s raw materials supply. Therefore, Union recycling capacity should be able to producess at least 1570 % of the Union’s annual consumptionvolume of strategic raw materials available for recycling. These benchmarks refer to the 2030 time horizon, in alignment with the Union's climate and energy targets set under Regulation (EU) 2021/1119 of the European Parliament and of the Council29 and the digital targets under the Digital Decade30, which they underpin. Furthermore, quality jobs, including skills development and job-to-job transitions and increased participation of women, 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 162 #
Proposal for a regulation
Recital 7
Recital 7
(7) For some raw materials, the Union is almost fully dependent on a single country for its supply. Such dependencies entail a high risk of supply disruptions. To limit such potential risk and increase the Union’s economic resilience, efforts should be undertaken to ensure that, by 2030, it is not dependent on a single third country for more than 65% of its supply of any strategic raw material, unprocessed and at any stage of processing, taking into account the level of concentration of the corresponding value chain at a global scale, giving however special consideration to countries with whom the Union has established a Strategic Partnership on raw materials giving rise to greater assurances regarding supply risks.
Amendment 166 #
Proposal for a regulation
Recital 8
Recital 8
(8) It is necessary to put in place appropriate measures to support Strategic Projects aimed at the extraction, processing or recycling of strategic raw materials in the Union that should, together with Member State efforts, contribute to increasing capacities towards the benchmarks. Other measures, notably on exploration or circularity, should also contribute, mitigation of demand or circularity, are equally important to the reinforcement of different stages of the value chain and thereby contribute to the achievement of the benchmarks. To ensure that the benchmarks are met in time, the Commission, with the help of the European Critical Raw Materials Board (‘the Board’) should track and report progress towards the benchmarks. In case the reported progress towards the benchmarks is generally insufficient, the Commission should assess the feasibility and proportionality of additional measures. A lack of progress only on a single or small set of strategic raw material should in principle not trigger the need for additional Union efforts.
Amendment 179 #
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, including for third countries where they are located, 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, tThe 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. 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 184 #
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 notably all aspects of sustainability highlighted in the EU principles for sustainable raw materials31, including ensuring environmental protection and the protection of marine and coastal environment, socially responsible practices, including respect for human rights such as the rights of women, and transparent business practices. Projects should also ensure engagement in good faith as well as comprehensive and meaningful consultations with local communities, includingespeciallywith indigenous peoples. To provide project promoters with a clear and efficient way of complying with this criterion,compliance with relevant Union legislation, international standards, guidelines andprinciples or participation in a certification scheme recognised under this Regulation should be considered sufficient, in fullcompliance with theprinciples of Free Prior and Informed Consent (FPIC) and respecting the right to say no of those communities. _________________ 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 192 #
Proposal for a regulation
Recital 12
Recital 12
(12) Any promoter of a strategic raw materials project should be able to apply to the Commission for the recognition of their project as a Strategic Project. The application should include several documents and evidence related to the criteria. To better assess the social, environmental and economic viability, the feasibility of the project as well as the level of confidence in the estimates, the project promoter should also provide a classification of the project according to the United Nations Framework Classification for Resources, and to allow for objective validation, they should support this classification with relevant evidence. A timetable for the project should also be attached to an application, in order to estimate when the project would be able to contribute towards the benchmarks for domestic capacity or for diversification. As public acceptance of mining projects is crucial for their effective implementation, the promoter should also provide a plan containing measures to facilitate public acceptanceensure proper public participation. 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- 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, and the initiatives envisaged to improve participation of women as well as the overall working conditions.
Amendment 195 #
Proposal for a regulation
Recital 13
Recital 13
(13) To ensure the effective and efficient treatment of applications, the Commission should be able prioritise the processing of applications for projects related to specific underrepresented value chain stages or strategic raw materials, in order to be able to ensure the Union's balanced progress towards all benchmark for Union capacity included in this Regulation. The Commission should prioritise Strategic Projects contributing to circularity of raw materials.
Amendment 196 #
Proposal for a regulation
Recital 15
Recital 15
(15) To prevent misuse of the recognition as Strategic Project, the Commission should be able to repeal its initial decision to recognise a project as strategic if it no longer fulfils the conditions or the recognition was based on an application containing incorrect information. Before it can do so, the Commission should consult the Board and hear the project promoter. Project promoters remain entirely liable for any gross misinformation or deliberate deceit, and can be subject to corresponding judicial proceedings.
Amendment 197 #
Proposal for a regulation
Recital 16
Recital 16
(16) In light of their importance for ensuring the security of supply of strategic raw materials, Strategic Projects should be considered to be in the public interest. Ensuring the security of supply of strategic raw materials is of crucial importance for the success of the green and digital transitions as well as the resilience of the defence and, space and health 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 202 #
Proposal for a regulation
Recital 18
Recital 18
(18) At the same time, the unpredictability, complexity and, at times, excessive length of national permit- granting processes could undermines the investment security needed for the effective development of strategic raw material projects. Therefore, in order to ensure and speed up their effective implementation, Member States should apply streamlined and predictable permitting procedure to Strategic Projects. To that end, Strategic Projects should be given priority status at national level to ensure rapid administrative treatment and urgent treatment in all judicial and dispute resolution procedures relating to them. This Regulation should not prevent competent authorities from streamlining permitting for other projects on the critical raw materials value chain that are not Strategic Projects.
Amendment 205 #
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 autNature and biodiversity sustain life on Earth, deliver numerous essential ecosystem services, thereby underpinning the economy, and the green and digital transition, Strategic Projects should be considered by the responsible permitting authority as being in the public interest. Strategic Projects which have an adverse impact on the environment, to the extent it falls under the scope ofmitigate and adapt against the impacts of climate change. Even if a number of pieces of EU legislation, such as Council Directive 92/43/EEC, Directive 2000/60/EC, Council Directive 92/43/E2009/147/EC and Directive 2009/147/EC39may be authorised where the responsible permitting authority concludes, based on its case-by-c8/56/EC, aim to protect and restore habitats and species, Europe continues to lose biodiversity at an alarming rate. For this reason, ase assn essment, that the public interest served by the project overrides those impacts, provided that all relevant conditionsset out in those Directives are met. Where relevant, the case-by-case assessmentshould 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)ial part of the Green Deal, the Union is raising efforts to protect and restore nature, with new objectives and measures set out in, inter alia, the EU Biodiversity Strategy, General Union Environment Action Programme to 2030 (Decision (EU) 2022/591) and the Nature Restoration Law [COM/2022/304 final], and new international commitments in the framework of the UN Convention on Biological Diversity. To ensure policy coherence and to prevent necessary action in response to the ecological crises from being undermined, raw materials projects under the scope of this Regulation should not be located within protected areas designated under Union’s environmental legislation.
Amendment 214 #
Proposal for a regulation
Recital 21
Recital 21
(21) In order to ensure clarity about the permitting status of Strategic Projects and to limit the effectiveness of potential abusive litigation, while not undermining effective judicial review, Member States should ensure that any dispute concerning the permit granting process for Strategic Projects is resolved in a timely manner. To that end, national competent authorities should ensure that applicants and project promoters have access to simple dispute settlement procedure and that Strategic Projects are granted urgent treatment in all judicial and dispute resolution procedures relating to the projects, without prejudice to the enforcement of the right to redress and the diligent application of the right to say no of local communities, especially of indigenous peoples.
Amendment 215 #
Proposal for a regulation
Recital 23
Recital 23
(23) In order to provide project promoters and other investors with the security and clarity needed to increase development of Strategic Project, Member States should ensure that the permit granting process related to such projects does not exceed pre-set time limit. For Strategic Projects involving only processing or recycling, the length of the permit granting process should not exceed 1 year. However, for Strategic Projects that involve extraction the length of the permit granting process should, considering the complexity and extent of the potential impacts involved, not exceed 2 years when only extractive waste are involved, and 3 years otherwise. To effectively achieve those time limits, Member States should ensure that the responsible authorities have sufficient resources and personnel. Through the Technical Support Instrument, the Commission supports Member States, upon their request, in designing, developing and implementing reforms including the strengthening of the administrative capacity related to national permitting.
Amendment 218 #
Proposal for a regulation
Recital 24
Recital 24
(24) The environmental assessments and authorisations required under Union law, including in relation to water, habitats and birds, are an integral part of the permit granting process for a raw material project and an essential safeguard to ensure that negative environmental impacts are prevented or minimised. However, iIn order to ensure that the permit granting processes for Strategic Projects are predictable and timely, any potential to streamline the required assessments and authorisations while not lowering the level of environmental protection should be realised. In that regard, it should be ensured that the necessary assessment arcan be bundled to prevent unnecessary overlap and it should be ensured that project promoters and responsible authorities explicitly agree on the scope of the bundled assessment before it is implemented to prevent unnecessary follow-up.
Amendment 220 #
Proposal for a regulation
Recital 25
Recital 25
(25) Land use conflicts can create barriers toarise from the deployment of critical raw material projects. Well-designed plans, including spatial plans and zoning, that take into account the potential for implementing critical raw material projects and whose potential environmental impacts are assessed, have the potential to help balance public goods and interests, decreasing the risk of conflict and accelerating the sustainable deployment of raw materials projects in the Union. Responsible national, regional and local authorities should therefore consider including provisions for raw materials projects when developing relevant plans.
Amendment 224 #
(27) A strong value chain in Europe can be built only with adequate financial means. The Commission will work with InvestEU implementing partners to seek ways to scale up support to investment in line with the common objectives set out in Regulation (EU) 2021/52341and in this Regulation, in full compliance with the EIB eligibility, excluded activities and excluded sectors list. The InvestEU Advisory Hub can contribute to the build- up of apipeline of viable projects. _________________ 41 Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the InvestEU Programme and amending Regulation (EU) 2015/1017 (OJ 64, 26.3.2021, p. 30-89)
Amendment 227 #
Proposal for a regulation
Recital 28
Recital 28
(28) In order to overcome the limitations of the currently often fragmented public and private investments efforts, facilitate integration and return on investment, the Commission, Member States and promotional banks should better coordinate and create synergies between the existing funding programmes at Union and national level as well as ensure better coordination and collaboration with industry and key private sector stakeholders. To that end, a dedicated sub-group of the Board bringing together experts from the Member States and the Commission as well as relevant public financial institutions should be set up. This sub-group should discuss the individual financing needs of Strategic Projects and their existing funding possibilities in order to provide project promoters with a suggestion on how to best access existing financing possibilities. When discussing and making recommendations for the financing of Strategic Projects in third countries, the Board should in particular take into account the Global Gateway strategy42 , and coordinate with national and international development finance institutions (DFIs). _________________ 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 240 #
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 in the continental crust, 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 244 #
Proposal for a regulation
Recital 33
Recital 33
(33) Space data and services derived from earth observation can support the efforts towards sustainable critical raw materials value chains by providing a continuous flow of information, which could be useful for activities such as monitoring and management of mining areas, the environmental and socio- economic impact assessment before and during exploitation to ensure compliance with social and environmental regulatory frameworks, or mineral resource exploration. As earth observation is also able to provide data about remote and inaccessible areas, it should be considered by Member States when drawing up and implementing their national exploration programmes to the extent possible.
Amendment 245 #
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 and the urgency to identify levers to limit the growth in demand, especially of strategic raw materials. 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, coordinate strategic stocks and reinforce the preparedness of companies.
Amendment 250 #
Proposal for a regulation
Recital 35
Recital 35
(35) Member States do not have the same capacity when it comes to risk- awareness and anticipation, and not all Member States have developed dedicated structures that monitor the supply chains of critical raw materials and can inform companies about potential risks of supply disruptions. Similarly, although some companies have invested in the monitoring of their supply chains, others lack the capacity to do so. Therefore, in light of the global dimension of critical raw materials supply chains as well as their complexity, the Commission should develop a dedicated monitoring dashboard assessing critical raw materials’ supply risks and ensure the availability of the information gathered for public authorities and private actors, thereby increasing synergies amongst Member States. In order to ensure that Union value chains are sufficiently prepared against potential supply disruptions, the Commission should conduct stress tests assessing the vulnerability of the strategic raw materials supply chains and their exposure to supply risks. Member States should contribute to this exercise by, when possible conducting such stress tests through their national supply and information agencies covering critical raw materials. The Board should ensure the coordination of the implementation of the stress tests by the Commission and Member States. When no Member State has the capacity to perform a required stress test on a given strategic raw material, the Commission should conduct it itself. When making the results of such stress tests publicly available, the Commission should also suggest potential strategies that can be adopted by the public authorities and private actors to mitigate supply risks, such as in the short and medium terms, such as implementing additional policy measures to reduce the need of strategic raw materials, building strategic stocks or further diversifying their supply. For the purpose of gathering the information necessary to conduct the monitoring and stress tests measures, the Commission should coordinate with the relevant standing subgroup of the Board and Member States should identify and monitor key market operators that are important to the functioning of the value chain. When no member of the standing sub-group has the capacity to perform a required stress test on a given strategic raw material, the Commission should conduct it itself.
Amendment 252 #
Proposal for a regulation
Recital 36
Recital 36
(36) Strategic stocks are an important tool to mitigate supply disruptions, notably for raw materials. Although the proposed Single Market Emergency Instrument allows for the possible development of suchtrategic stocks in the event of the activation of the Single Market vigilance mode, Member States and companies do not have obligations to build up or coordinate their strategic stocks ahead of a supply disruption. In addition, there is no coordination mechanism across the European Union that allows for the development of a common assessment and of an analysis of potential overlaps and synergies. Therefore, as a first step, and taking account of the present lack of relevant information, Member States should provide to the Commission information about their strategic stocks, whether they are operated by public authorities or by economic operators on the behalf of the Member States. Such information should include the level of stock available per strategic raw material, the outlook of stock levels, and the rules and procedures applicable to these stocks. Any request should be proportionate, have regard for the cost and effort required to make the data available as well as for its impact on national security, and set out appropriate time limits for providing the requested information. Information on the stocks of economic operators may be added to the analysis, albeit this does not constitute a request for information on them. The Commission should handle the data in a secure manner, and only publish information on an aggregate level. As a second step, based on the information acquired, the Commission should develop a draft benchmark for what should be considered a safe level of Union stocks, taking into account the total annual Union consumption of the concerned strategic raw materials, and a draft benchmark for what should be considered a safe level of Union stocks for vital societal functions or economic activities. Based on a comparison between existing stocks and the overall levels of strategic stocks for strategic raw materials across the Union, the Board, acting in agreement with the Commission, should then be able to issue non-binding opinions to Member States on how to increase convergences and to encourage them in building up their strategies stocks. In doing so, in order to limit the risk of moral hazard, the Board should consider the need to maintain incentives for the development of strategic stocks by private operators using strategic raw materials.
Amendment 260 #
Proposal for a regulation
Recital 40
Recital 40
(40) The provisions on monitoring and strategic stocks included in this Regulation do not entail the harmonisation of national laws and regulations and do not replace existing mechanisms. Monitoring and risk preparedness incentives should be in line with European instruments. Therefore, instruments such as the Single Market Emergency Instrument proposal aiming to anticipate, mitigate and respond to crisis affecting the functioning of the Single Market or the Council Regulation (EU) 2022/237245on a framework of measures for ensuring the supply of crisis-relevant medical countermeasures in the event of a public health emergency at Union level, could still apply to critical and strategic raw materials in the event of a crisis or a threat to the extent that those materials fall within the scope of such instruments. Complementarity and coherence between this Regulation and crisis instruments should be ensured through exchange of informationby the Commissionthrough attentive exchange of information between the respective advisory and governance bodies established by these crisis instruments. _________________ 45 Council Regulation (EU) 2022/2372 of 24 October 2022 on a framework of measures for ensuring the supply of crisis- relevant medical countermeasures in the event of a public health emergency at Union level (OJ 314, 6.12.2022, p.64-78)
Amendment 262 #
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 sourHence, recycling 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, including due to a lack of consideration of recyclability at the design phase of products, 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. Regardless of the amount of strategic raw materials consumed in the Union in 2030, the horizon of travel should aim at the full circularity of those raw materials.
Amendment 267 #
Proposal for a regulation
Recital 42
Recital 42
(42) Member States retain important competences in the field of circularity, for example in the area of waste collection and treatment systems. These should be used to increase collection and recycling rates for waste streams with a high potential for recovery of critical raw materials, making use for example of financial incentives such as discounts, monetary rewards or deposit-refund systems. Member State authorities should also make a difference as buyers of critical raw materials and of products containing them, and national research and innovation programmes provide significant resources to increase the state of knowledge and technology for critical raw materials circularity as well as material efficiency, and substitution strategies. Finally, Member States should promote the recovery of critical raw materials from extractive waste by improving the availability of information and by addressing legal, economic and technical barriers. One possible solution that Member States should look into are risk- sharing mechanisms between operators and the Member State to promote recovery from closed waste facilities.
Amendment 271 #
Proposal for a regulation
Recital 43
Recital 43
(43) The Union has, in many of its regions, a legacy of raw materials extraction and thus substantial amounts of extractive waste on closed facilities which, due to their only recent rise in economic importance, have generally not been analysed for critical raw materials potential. The recovery of critical raw materials from extractive waste facilities has the potential to create economic value and employment in historical mining regions, which are often affected by deindustrialisation and decline, while improving resilience of the Union and limiting the negative environmental and social impacts of access to raw materials. The lack of attention to, and information on critical raw materials content, especially on closed waste facilities, constitutes a key barrier to greater use of the critical raw materials potential of extractive waste.
Amendment 274 #
Proposal for a regulation
Recital 45
Recital 45
(45) Operators of extractive waste facilities, both existing and new, should perform a preliminary economic assessment study regarding the recovery of critical raw materials from extractive waste present on the site and from such waste being generated. In line with the waste hierarchy established in Directive 2008/98/EC of the European Parliament and of the Council46, priority should be given to preventing the generation of waste containing critical raw materials, by extracting critical raw materials from the extracted volume prior to it becoming waste. In elaborating this study, operators should gather the necessary information, including concentrations and quantities of critical raw materials in the extractive waste, and perform an assessment of multiple options regarding processes, operations or business arrangements that could enable an econom technically viafeasiblerecovery of critical raw materials based on the current state of the art of technics and technologies, as well as the conditions for the economic viability of this recovery. This obligation comes in addition to obligations laid down in Directive 2006/21/EC and the national laws transposing it and is directly applicable. In its implementation, operators and competent authorities should seek to minimise administrative burden and integrate procedures to the extent possible. _________________ 46 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3-30).
Amendment 278 #
Proposal for a regulation
Recital 46
Recital 46
(46) To address the current lack of information on the critical raw materials potential of closed extractive waste facilities, Member States should draw up a database containing all information relevant to promote the recovery, notably the quantities and concentrations of critical raw materials in the extractive waste facility, in compliance with Union competition rules. The information should be made publicly available and in a user- friendly and digital form, enabling access to more detailed, technical information. To facilitate user-friendly access to the information, Member States should for instance provide a point of contact to enable more in-depth exchanges with potential developers of critical raw materials recovery projects. The database should be designed to allow potential project promoters to easily identify facilities with a high potential for economically viable recovery in the short and medium terms. To focus limited resources, Member States shcould follow a staged approach in the collection of information and perform the more demanding information collection steps only for the most promising facilities. The information collection activities should be aimed at providing accurate and representative information on the extractive waste facilities and gaining the best possible indication of the critical raw materials recovery potential.
Amendment 282 #
Proposal for a regulation
Recital 49
Recital 49
(49) Critical raw materials sold on the Union market are often certified regarding the sustainability of their production and supply chain. Certification can be obtained in the context of a broad range of public and private certification schemes available with varying scopes and stringency, creating the potential for confusion regarding the nature and veracity of claims made about the relative sustainability of critical raw materials placed on the Union market based on such certification. The Commission should be empowered to adopt implementing acts recognising certification schemes that should be considered comprehensive and trustworthy, providing a common basis for authorities and market participants for assessing the sustainability of critical raw materials. Recognition should be given only to certification schemes that cover a broad range of sustainability aspects, including environmental protection, human rights including labour rights and business transparency related to air, soil, water and biodiversity, human rights including labour rights and governance considerations including business transparency and participation of local communities in the decision making process, which guarantee the highest levels of requirements compared to the global state-of-the-art, and which contain provisions for independent third party verification and monitoring of compliance. To ensure efficient procedures, promoters of projects applying to be recognised as Strategic Projects should be allowed to rely on participation in a recognised scheme to show that their project is implemented sustainablyhe recognised schemes should be reviewed by the Commission periodically in order to ensure that they keep reflecting the highest standards compared to the state of the art.
Amendment 288 #
Proposal for a regulation
Recital 54
Recital 54
(54) The Union has concluded Strategic Partnerships covering raw materials with third countries in order to implement the 2020 Action Plan on Critical Raw Materials. In order to diversify supply, these efforts should continue. To develop and ensure a coherent framework for the conclusion of future partnerships, the Member States and the Commission should, as part of their interaction on the Board, discuss and ensure coordination on, inter alia, whether existing partnerships achieve the intended aims, the prioritisation of third countries for new partnerships, the content of such partnerships and their coherence and potential synergies between Member States' bilateral cooperation with relevant third countries. The Union should seek mutually beneficial partnerships with those third countries, including with with emerging market and developing economies (EMDE), 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.
Amendment 291 #
Proposal for a regulation
Recital 55
Recital 55
(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, while being able to ensure participation of other parties as observers. The European Parliament should systematically be invited to the meetings of the Board. 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 295 #
Proposal for a regulation
Recital 56
Recital 56
(56) The absence of progress towards the objectives, including the capacity and diversification benchmarks, may indicate the need for adopting additional measures. The Commission should therefore monitor the progress towards those objectives and report to the European Parliament.
Amendment 298 #
Proposal for a regulation
Recital 58
Recital 58
(58) In order to ensure trustful and constructive cooperation of competent authorities at Union and national levels, all parties involved in the application of this Regulation should respect the confidentiality of information and data obtained in carrying out their tasks. The Commission and the national competent authorities, their officials, civil servants and other persons working under the supervision of these authorities as well as officials and civil servants of other authorities of the Member States and of the European Parliament should not disclose information acquired or exchanged by them pursuant to this Regulation and of the kind covered by the obligation of professional secrecy. This should also apply to the European Critical Raw Materials Board. The data should be handled and stored in a secure environment.
Amendment 302 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Amendment 310 #
Proposal for a regulation
Article 1 – paragraph 2 – point -a (new)
Article 1 – paragraph 2 – point -a (new)
(-a) mitigate the Union’s increased consumption of critical raw materials in order to achieve an overall reduction of 70% by 2030, compared to the projections referred to in paragraph 4a;
Amendment 314 #
Proposal for a regulation
Article 1 – paragraph 2 – point a – point i
Article 1 – paragraph 2 – point a – point i
(i) Union extraction and recycling capacity is able to extract the ores, minerals or concentrates needed to producensure a level of self- sufficiency of at least 10% of the Union's annual consumption of strategic raw materials, to the extent that the Union’s reserves allow for this;
Amendment 322 #
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 producecollect, sort and process at least 1570% of the Union's annual consumption of strategic raw materials present in waste.
Amendment 334 #
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; or more than the corresponding global average concentration, either of these two figures is the lowest;
Amendment 351 #
Proposal for a regulation
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
(d) ensure the free movement of critical raw materials and products containing critical raw materials placed on the Union market while ensuring athe highest level of environmental protection, by improving their durability, repairability, circularity and sustainability.
Amendment 373 #
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
4. The Commission shall take into account the objectives and benchmarks laid down in paragraph 2, point a(iii), as related Union priorities within the meaning of Article 5(4)(a)(i) of Regulation XX/XXXX [OP please insert: the Ecodesign for Sustainable Products Regulation], when preparing ecodesign requirements to improve the following product aspects: durability, reusability, reparability, resource use or resource efficiency, possibility of remanufacturing and recycling, recycled content and possibility of recovery of materials.
Amendment 374 #
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4a. The Commission shall, by means of a delegated act adopted by [3 months after the entry into force of this Regulation] in accordance with Article 36, provide projections of annual consumption of critical raw materials until 2050 with intermediary milestones, based on a technology rich bottom-up cost optimisation input-output modelling exercise, disaggregated at the level of each Member State or below, and representing all the economic sectors. This shall include the critical raw materials incorporated in intermediate or final products placed on the Union market, and be in line with the Union’s energy and climate objectives and with the ambitions enshrined into the Net-Zero Industry Act.
Amendment 377 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘raw material’ means a substance in processed or unprocessed state used as an input for the manufacturing of intermediate or final products, excluding substances predominantly used as food, or feed or combustion fuelfor energy production;
Amendment 387 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘extraction’ means the primary extraction of ores, minerals and plant products from their original source, including from a mineral occurrence underground, mineral occurrence underfrom water, sea brine andor trees;
Amendment 390 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘Union extraction capacity’ means an aggregate of the potential maximum annual production volumes of extractive operations for ores, minerals, plant products and concentrates containing strategic raw materials, including processing operations that are typically located at or near the extraction site, located in the Union;
Amendment 391 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘Union extraction capacity’ means an aggregate of the potential maximum annual production volumes of extractive operations for ores, minerals, plant products and concentrates containing strategic raw materials, including processing operations that are typically located at or near the extraction site, located in the Union;
Amendment 394 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
(8) ‘reserves’ means all mineral occurrences that are economically viable to extract in a given market context;
Amendment 396 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘processing’ means all physical, chemical and biological processes involved in the transformation of a raw material from ores, minerals, plant products or waste into pure metals, alloys or other economically usable forms;
Amendment 397 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘Union processing capacity’ means an aggregate of the potential maximum annual production volumes of processing operations for strategic raw materials, excluding such operations that are typically located at or near the extraction site, located in the Union;
Amendment 398 #
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
(11) ‘recycling’ means any recovery operation, including collecting, sorting, and disassembling, by which waste materials are reprocessed into products, materials or substances whether for the original or other purposes;
Amendment 399 #
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘Union recycling capacity’ means an aggregate of the potential maximum annual production volume of recycling operations for strategic raw materials, including the sorting and pre-treatment of waste and its processing into secondary raw materials, located in the Union;
Amendment 400 #
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘annual consumption of strategic raw materials’ means an aggregate of the amount of strategic raw materials consumed by undertakings established in the Union in processed formin processed form consumed as inputs in manufacturing processes by undertakings in the Union, excluding strategic raw materials incorporated in intermediate or final products placed on the Union market;
Amendment 403 #
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) ‘project promoter’ means any undertaking or consortium of undertakings developing a raw material project in the Union or in third countries;
Amendment 404 #
Proposal for a regulation
Article 2 – paragraph 1 – point 19
Article 2 – paragraph 1 – point 19
(19) ‘permit granting process’ means a process covering all relevant administrative permits to plan, build and operate the Strategic Projects referred to in Article 5, including building, chemical and grid connection permits and environmental assessments and authorisations where these are required, and encompassing all administrative applications and procedures from the acknowledgment of the validity of the application to the notification of the comprehensive decision on the outcome of the procedure by the responsible national competent authority referred to in Article 8(1), and excluding administrative appeal procedures and judicial remedies before a court or tribunal that may arise;
Amendment 405 #
Proposal for a regulation
Article 2 – paragraph 1 – point 25
Article 2 – paragraph 1 – point 25
(25) ‘supply disruption’ means the unexpected significant decrease in the availability of a raw material or significant increase in the price of a raw material beyond normal market price volatility and that has a significant likelihood to lead to a disruption of public order or public safety;
Amendment 406 #
Proposal for a regulation
Article 2 – paragraph 1 – point 27
Article 2 – paragraph 1 – point 27
(27) ‘mitigation strategies’ means the policies developactions planned, developed and implemented by an economic operator to limit the likelihood of a supply disruption to its supply chain or to mitigate the damages caused by such a disruption to its economic activity;
Amendment 407 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28
Article 2 – paragraph 1 – point 28
(28) ‘key market operators’ means produceeconomic operators involved in the extraction, processing or, recycling of critical raw materials, traders and, trading or distributorsion of critical raw materials, and downstream companiesor consuming significant amounts of critical raw materials compared to the Union's level;
Amendment 408 #
Proposal for a regulation
Article 2 – paragraph 1 – point 29
Article 2 – paragraph 1 – point 29
(29) ‘strategic stock’ means a quantity of a particular raw material in whichever form that is stored by a public or private operator with a view to releasing it in the event of a supply disruption in order to ensure continuity of production of essential goods, or to maintain public security and public order;
Amendment 413 #
Proposal for a regulation
Article 2 – paragraph 1 – point 31
Article 2 – paragraph 1 – point 31
(31) ‘strategic technologies’ means the technologies needed for the green and digital transitions as well as for defence and, space and health applications;
Amendment 416 #
Proposal for a regulation
Article 2 – paragraph 1 – point 31 a (new)
Article 2 – paragraph 1 – point 31 a (new)
(31a) ‘vital amount of strategic raw materials’ means the amount of strategic raw materials consumed in the Union playing an indispensable role in maintaining vital societal functions or economic activities;
Amendment 417 #
Proposal for a regulation
Article 2 – paragraph 1 – point 38
Article 2 – paragraph 1 – point 38
(38) ‘preliminary economic assessment’ means an early-stage, conceptual assessment of the potential reconomic viability of a raw material project for the recovery of critical raw materials from extractive wastevery of critical raw materials from extractive waste, based on the current state of the art of technics and technologies, as well as the technical and market conditions for the economic viability of such recovery;
Amendment 429 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 442 #
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: four years after the date of entry into force of this Regulation], and every 4 four years thereafter, in accordance with Annex I, Section 2, constantly monitor the strategic importance, forecasted demand growth and difficulty of increasing production of raw materials and, if necessary, propose to the European Parliament and the Council to amend the list of strategic raw materials.
Amendment 482 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) the project would be implemented sustainably in the meaning of the social and environmental risk categories identified in point 4a of Annex III , in particular as regards the monitoring, prevention and minimisation of environmental and climate impacts, the use of socially responsible practices including respect of human and labour rights, quality jobs potential and meaningful engagement with local communities and relevant social partners, and the use of transparent business practices with adequate compliance policies to prevent and minimise risks of adverse impacts on the proper functioning of public administration, including corruption and bribery;
Amendment 499 #
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) for projects in third countries that are, including in emerging markets orand developing economies, the project would be mutually beneficial for the Union and the third country concerned by adding value in that country, and comply with equivalent social, environmental and labour requirements to projects in the Union.
Amendment 502 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2 a (new)
Article 5 – paragraph 2 – subparagraph 2 a (new)
By [9 months after entry into force of the Regulation], the Commission shall publish guidelines as regards the assessment of the criteria set out in Article 5(1), in particular with regard to the risks referred to in Annex III, point 4a, and particularly in line with Union legislations and international instruments referred to in Annex III, point 4.
Amendment 504 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The recognition of a project as a Strategic Project shall not affect the requirements applicable to the relevant project or project promoter under international, Union or national law, including national laws in third countries.
Amendment 507 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Applications for recognition of a raw material project as a Strategic Project shallcan be submitted by the project promoter to the Commission anytime. The Commission shall inform the project promoter about the timetable of its assessment within 10 working days upon reception of the application. The application shall include:
Amendment 508 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) relevant, factual, and sound evidence related to fulfilment of the criteria laid down in Article 5(1);
Amendment 514 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) a plan containing measures to facilitate public acceptanceensure the meaningful involvement and active participation of affected communities all along the project, in particular of local communities and indigenous communities concerned, including, where appropriate, through the establishment of recurrent communication channels with the local communities and organisations, including social partners, the implementation of awareness-raising and information campaigns and, the establishment of mitigation and compensation mechanisms, ensuring that involuntary resettlement is used exclusively as a last resort option;
Amendment 523 #
Proposal for a regulation
Article 6 – paragraph 1 – point g
Article 6 – paragraph 1 – point g
(g) an estimate of the project’s potential for quality job creation andbroken down by gender, and a detailed estimate of the project’s needs in terms of skilled workforce as well as upskilling and reskilling.nd skill gap analysis, and a multiannual workplan to deploy upskilling and reskilling effort in order to address such gaps, if any, and promoting gender equality;
Amendment 524 #
Proposal for a regulation
Article 6 – paragraph 1 – point g a (new)
Article 6 – paragraph 1 – point g a (new)
(ga) for projects involving extraction, a detailed description demonstrating the tangible link between the project and the public interest, such as via the provision of essential goods or the maintenance of vital societal functions or economic activities, as well as a plan to return the site to its prior environmental state after the end of exploitation, and the corresponding financial mechanisms.
Amendment 527 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. The plan referred to in paragraph 1(d) shall be developed in full compliance with the principles of Free Prior and Informed Consent (FPIC) of indigenous communities laid out in the UN Declaration on the Rights of Indigenous Peoples and, shall respect their right to say no. In case resettlement is foreseen by the project, the plan shall also describe the modalities for the identification of legitimate tenure rights-holders, their involvement into the valuation process, and the process for the fair and timely compensation of the loss of their lands and assets.
Amendment 529 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission is empowered toshall adopt implementing acts establishing a template to be used by project promoters for the applications referred to in paragraph 1 by [6 months after the entry into force of this Regulation]. The template may indicate how the information referred to in paragraph 1 shall be expressed. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 37(2).
Amendment 531 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The European Critical Raw Materials Board referred to in Article 34 ('the Board') shall, based on a fair and transparent process, discuss and issue an opinion on the completeness of the application and whether the proposed project fulfils the criteria set out in Article 5(1). In particular, the Board shall take into account possible past or present human rights violations for which the project promoter is partially or wholly responsible, as well as possible effective remedial measures and additional preventive measures implemented by the project promoter. The Commission shall inform the applicant about the deadline for assessing the completeness of the application and the timetable for the assessment of the application.
Amendment 536 #
Proposal for a regulation
Article 6 – paragraph 5 – subparagraph 1
Article 6 – paragraph 5 – subparagraph 1
Amendment 540 #
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 and the European Parliament, as well as with the project promoter.
Amendment 543 #
Proposal for a regulation
Article 6 – paragraph 7 a (new)
Article 6 – paragraph 7 a (new)
7a. Among all the applications, the Commission shall prioritise the processing of those related to projects involving recycling, as well as those submitted by a small and medium-sized enterprise. Among the applications for projects involving extraction, the Commission shall prioritise the processing of applications for projects related to extraction of raw materials from extractive waste. The Commission shall discard applications for projects that could not qualify for EIB financing, and applications for projects located in areas designated as special areas of conservation under Directive 92/43/EEC, areas for restoration measures referred to in [COM/2022/304 final Nature Restoration Law], special protection areas referred to in Directive 2009/147/EC, protected areas referred to in Directive 2000/60/EC, fish stock recovery areas referred to in Regulation (EU) 1380/2013, and protected areas referred to in Directive 2008/56/EC.
Amendment 554 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 563 #
Proposal for a regulation
Article 7 – paragraph 9
Article 7 – paragraph 9
9. The project promoter shall establish and regularly update a dedicated project website with relevant information about the Strategic Project, including information on the environmental, social and economic impacts and benefits associated with the Strategic Project. The website shall be freely accessible to the public and shall be available in a language or languages that can be easily understood by the local population. The project website shall include environmental, social and human rights impact assessments that have been carried out, as well as any existing agreements with affected communities and concession contracts with public authorities.
Amendment 578 #
Proposal for a regulation
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) a single authority is responsible for each critical raw material projects.;
Amendment 579 #
Proposal for a regulation
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) a single authority coordinates the submission requests of any relevant documents and information.
Amendment 594 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. All dispute resolution procedures, litigation, appeals and judicial remedies related to the permit-granting process and the issuance of permits for Strategic Projects in the Union in front of any national courts, tribunals, panels, including mediation or arbitration, where they exist in national law, shall be treated as urgent, if and to the extent to which national law provides for such urgency procedures and provided that the normally applicable rights of defence of individuals orand of local communities would be strictly respected. Project promoters of Strategic Projects shall participate in such urgency procedure, where applicable.
Amendment 596 #
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) 2436 months for Strategic Projects involving extraction except for Strategic Projects exclusively related to extractive waste, for which the permit granting process shall not exceed 24 months;
Amendment 600 #
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) 2133 months for Strategic Projects involving extraction, except for Strategic Projects exclusively related to extractive waste, for which the permit granting process shall not exceed 21 months;
Amendment 602 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. In exceptional cases, where the nature, complexity, location or size of the proposed project so require, the national competent authority referred to in Article 8(1) may extend the time limits referred to in paragraph 1, point (a), and 2, point (a), by a maximum of 36 months and the time limits referred to in paragraph 1, point (b), and 2, point (b), by a maximum of 13 months, before their expiry and on a case- by-case basis. In that event, the national competent authority referred to in Article 8(1) shall inform the project promoter of the reasons justifying the extension and of the date when the comprehensive decision is expected in writing.
Amendment 604 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 610 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. No later than one month following the date of the acknowledgement of the validity of the permit granting application, the national competent authority referred to in Article 8(1) shall draw up, in close cooperation with the project promoter and other authorities concerned, a detailed schedule for the permit granting process. The schedule shall be published by either the project promoter on the website referred to in Article 7(7) or by the national competent authority referred to in Article 8(1) on a free and open access website.
Amendment 620 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that national, regional and local authorities responsible for preparing plans, including zoning, spatial plans and land use plans, include in such plans, where appropriate, provisions for the development of critical raw materials projects. Priority shall be given to artificial and built surfaces, industrial sites, and brownfield sites, and, where appropriate, greenfield sites not usable for agriculture and forestry.
Amendment 631 #
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. For Strategic Projects in the Union, support referred to in paragraph 1 shall be conditional on stringent environmental, social and labour commitments taken by the respective project promoters, including in the form of decarbonisation plans, labour reskilling plans, commitment to effective social dialogue and collectively negotiated wages, high quality apprenticeships and decent working conditions.
Amendment 673 #
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. 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 54 years.
Amendment 674 #
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. The national exploration programmes referred to in paragraph 1 shall exclude areas designated as special areas of conservation under Directive 92/43/EEC, areas for restoration measures referred to in [COM/2022/304 final Nature Restoration Law], special protection areas referred to in Directive 2009/147/EC, protected areas referred to in Directive 2000/60/EC, fish stock recovery areas referred to in Regulation (EU) 1380/2013, and protected areas referred to in Directive 2008/56/EC.
Amendment 680 #
Proposal for a regulation
Article 18 – paragraph 5 – subparagraph 1
Article 18 – paragraph 5 – subparagraph 1
Member States shall make the information on their mineral occurrences containing critical raw materials gathered through the measures set out in the national programmes referred to in paragraph 1 publicly available on a free access website to be kept up to date. This information shall, where applicable, include the classification of the identified occurrences using the United Nations Framework Classification for Resources.
Amendment 711 #
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 2 – point d
Article 19 – paragraph 3 – subparagraph 2 – point d
(d) the availability of alternativeand ability to swiftly diversify supply sources and of, substitute or decrease the demand of raw materials;
Amendment 712 #
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 2 – point e
Article 19 – paragraph 3 – subparagraph 2 – point e
(e) the users of the relevant raw material along the value chain and their share of demand, with special attention to the manufacturing of technologies relevant for the greessential goods to the demand stemming from the mainten and digital transitions as well as defence and space applicationce of vital societal functions or economic activities.
Amendment 717 #
Proposal for a regulation
Article 19 – paragraph 4 – point d
Article 19 – paragraph 4 – point d
(d) where appropriate, suggestion for suitable mitigation strategies to decrease the detrimental impact of a potential supply rdiskruption.
Amendment 718 #
Proposal for a regulation
Article 19 – paragraph 4 – point d a (new)
Article 19 – paragraph 4 – point d a (new)
(da) the vital amount of each of the strategic raw materials.
Amendment 721 #
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. Where, based on the information gathered pursuant to paragraphs 1, 2 and 3, the Commission considers that there a is clear indication of the risk of a supply disruption, the Commission shall alert Member States, the Board, the European Parliament and the Union governance bodies of crisis vigilance or crisis management mechanisms whose scope covers relevant critical or strategic raw materials.
Amendment 729 #
Proposal for a regulation
Article 21 – paragraph 2 – introductory part
Article 21 – paragraph 2 – introductory part
2. The information referred to in paragraph 1 shall cover stocks held by all public authorities, publicly owned companies or economic operators charged by a Member State to build up or manage strategic stocks on its behalf and shall at least include a description of:
Amendment 730 #
Proposal for a regulation
Article 21 – paragraph 2 – point a
Article 21 – paragraph 2 – point a
(a) the level of stocks available for each strategic raw material, measured both in tonnes and as a percentage of annual national consumption of the relevant materials on its territory, as well as the chemical form and purity of the materials stocked;
Amendment 732 #
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
1. By [OP please complete: 2 year after the date of entry into force of this Regulation] and every 2 years after that, the Commission shall, based on the information received pursuant to Article 21(1), share with the Board and the European Parliament:
Amendment 733 #
Proposal for a regulation
Article 22 – paragraph 2 – point a
Article 22 – paragraph 2 – point a
(a) be expressed as the amount needed to cover an amount of days of average daily net imports in case of a supply disruption for the production of essential goods and the provision of goods and services directly related to vital societal functions or economic activities, calculated on the basis of the amount of imports during the previous calendar year;
Amendment 736 #
Proposal for a regulation
Article 22 – paragraph 3 – point b
Article 22 – paragraph 3 – point b
(b) to amend or coordinate the rules or procedures for the release, allocation and distribution of strategic stocks in order to improve the potential cross-border accessibility, in particular where necessary for the production of strategic technologessential goods and the provision of goods and services directly related to vital societal functions or economic activities.
Amendment 755 #
Proposal for a regulation
Article 25 – paragraph 1 – point -a (new)
Article 25 – paragraph 1 – point -a (new)
(-a) significantly reduce the annual consumption of critical raw materials compared to the projections referred to in Article 1(4a);
Amendment 768 #
Proposal for a regulation
Article 25 – paragraph 1 – point a
Article 25 – paragraph 1 – point a
(a) increase the collection of waste with highand sorting of waste containing a relevant amount of critical raw materials recovery potential and ensure their introduction into the appropriate recycling system, with a view to maximising the availability and quality of recyclable material as an input to critical raw material recycling facilities;
Amendment 770 #
Proposal for a regulation
Article 25 – paragraph 1 – point b
Article 25 – paragraph 1 – point b
(b) increase the waste prevention, repair, preparation for re-use and re-use of products and components with highcontaining a relevant amount of critical raw materials recovery potential;
Amendment 801 #
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 1
Article 25 – paragraph 2 – subparagraph 1
The programmmeasures referred to in points (a) to (c) of paragraph 1 shall cover in particular products and waste which are not subject to any specific requirement on collection, treatment, recycling or re-use under Union legislation. For other products and waste, the measures shall be implemented in coherence with existing Union legislation.
Amendment 803 #
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 2
Article 25 – paragraph 2 – subparagraph 2
With respect to points (a) and (b) of paragraph 1, the programmes referred to in that paragraph may include, without prejudice to Articles 107 and 108 of the TFEU, the introduction of financial incentives, such as discounts, monetary rewards or deposit-refund systems, to encourage the re-use of products with higha relevant amount of critical raw materials recovery potential and the collection of waste from such products, as well as economic instruments and other measures listed in Annex IVa of Directive 2008/98/EC on waste.
Amendment 820 #
Proposal for a regulation
Article 26 – paragraph 7
Article 26 – paragraph 7
7. The activities described in paragraph 6 shall be carried out within the limits of national legal systems pertaining to property rights, ownership of land, mineral resources and waste, and any other relevant provisions. Where such factors inhibit the activities, the Member State authorities shall seek the cooperation of the operator or owner of the waste facility. The results of the activities described under paragraph 6 shall be made accessible as part of the database referred to in paragraph 4. Where possible, the Member States shall include in theis database a classification of the closed extractive waste facilities according to the United Nations Framework Classification for Resources.
Amendment 834 #
Proposal for a regulation
Article 27 – paragraph 10
Article 27 – paragraph 10
10. Products primariexclusively designed for defence or space applications shall be exempted from the requirements of this Article
Amendment 837 #
Proposal for a regulation
Article 28 – paragraph 3 – subparagraph 1
Article 28 – paragraph 3 – subparagraph 1
Amendment 846 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
Governments or groupings of interested organisations that have developed and oversee certification schemes related to the sustainability of critical raw materials ("scheme owners") may apply to have their schemes recognised by the Commission.
Amendment 858 #
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. Owners of recognised schemeScheme owners shall inform the Commission without delay of any changes or updates made to recognised schemes. The Commission shall assess whether such changes or updates affect the basis for the recognition and take appropriate action.
Amendment 861 #
Proposal for a regulation
Article 29 – paragraph 6
Article 29 – paragraph 6
6. Where the Commission identifies deficiencies in a recognised scheme affecting the basis for the recognition, it may grant the scheme owner an appropriate period of time to take remedial action within a maximum of 12 months.
Amendment 862 #
Proposal for a regulation
Article 29 – paragraph 8
Article 29 – paragraph 8
8. The Commission shall establish and keep up-to-date a register of recognised schemes. That register shall be made publicly available on a free access website. This website shall also allow to collect feedback from all relevant stakeholders concerning the implementation of recognised schemes.
Amendment 863 #
Proposal for a regulation
Article 29 – paragraph 8 a (new)
Article 29 – paragraph 8 a (new)
8a. Scheme owners and companies adhering to a recognised scheme shall be exempted neither from any obligation under this Regulation, nor from any obligation arising pursuant to national, Union or international law.
Amendment 887 #
Proposal for a regulation
Article 33 – paragraph 1 – point a – point iii a (new)
Article 33 – paragraph 1 – point a – point iii a (new)
(iiia) contributing to the economic and social developments in partner countries, in particular for emerging and developing economies, while also promoting the uptake of environmentally sustainable and circular economy practices and decent working conditions;
Amendment 899 #
Proposal for a regulation
Article 33 – paragraph 1 – point c – point ii
Article 33 – paragraph 1 – point c – point ii
(ii) whether a third country's regulatory framework and its implementation 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 communitiand active participation of affected and local communities, in particular indigenous peoples, the use of transparent business practices and the prevention of adverse impacts on the proper functioning of public administration and the rule of law;
Amendment 934 #
Proposal for a regulation
Article 35 – paragraph 6 – subparagraph 2 – point a a (new)
Article 35 – paragraph 6 – subparagraph 2 – point a a (new)
(aa) a subgroup to discuss the implementation of the provisions pursuant to Articles 10 and 11, including to share best practices concerning public participation and stakeholders involvement, for which representatives of civil society organisations shall be invited as observers;
Amendment 936 #
Proposal for a regulation
Article 35 – paragraph 6 – subparagraph 2 – point c
Article 35 – paragraph 6 – subparagraph 2 – point c
(c) a subgroup bringing together national supply and information agencies covering critical raw materials or, in the absence of such agency, the relevant national authority in charge of that matter, with the purpose of contributing to the monitoring tasks as set out in Article 19, including concerning the level of vital amount of strategic raw materials;
Amendment 938 #
Proposal for a regulation
Article 35 – paragraph 6 – subparagraph 2 – point d
Article 35 – paragraph 6 – subparagraph 2 – point d
(d) a subgroup bringing together national emergency agency and national authorities responsible for strategic stocks or, in the absence of such agency and authority, the relevant national authority in charge of that matter, with the purpose of contributing to the coordination of strategic stocks as set out in Article 22; this subgroup may notably invite like-minded partners to exchange on best practices related to strategic stocks.
Amendment 941 #
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 to discuss and coordinate on the Strategic Partnerships pursuant to Article 33, ensuring cooperation with other relevant coordination fora, including those established as part of the Global Gateway strategy; representatives of civil society organisations shall be invited as observers;
Amendment 948 #
Proposal for a regulation
Article 35 – paragraph 7 – subparagraph 2
Article 35 – paragraph 7 – subparagraph 2
Where appropriate, the Board mayshall invite experts, other third parties or representatives of third countrierepresentatives from industry, civil society, academia, trade unions and other representatives with expertise and reasonable interest before taking decisions to attend meetings of the standing or temporary sub- groups referred to in paragraph 6 as observers or to provide written contributions.
Amendment 959 #
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. The power to adopt delegated acts referred to in Article 3(21(4a), Article 4(2), Article 5(2), Article 27(12), Article 28(2) and Article 30(1) and (5) shall be conferred on the Commission for a period of eight years from [OP please insert: one month after the date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the six-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 962 #
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
3. The delegation of power referred to in Article 3(21(4a), Article 4(2), Article 5(2), Article 27(12), Article 28(2) and Article 30(1) and (5) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 966 #
6. A delegated act adopted pursuant to Article 3(21(4a), Article 4(2), Article 5(2), Article 27(12), Article 28(2) and Article 30(1) and (5) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period may be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 971 #
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
1. IWithout prejudice to the rules and obligations on access to environmental information established by Directive 2003/4/EC and by the UNECE Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, information acquired in the course of implementing this Regulation shall be used only for the purposes of this Regulation and shall be protected by the relevant Union and national legislation.
Amendment 1064 #
Proposal for a regulation
Annex I – Section 2 – point 1 – introductory part
Annex I – Section 2 – point 1 – introductory part
1. The strategic importance shall be determined based on the relevance of a raw material for the green and digital transition as well as defence and, space and health applications, taking into account:
Amendment 1107 #
Proposal for a regulation
Annex III – point 1 – point b
Annex III – point 1 – point b
(b) whether the project contributes to maintaining or strengthening Union capacities as a share of the Union's annual consumption of strategic raw material, taking into account the expected increase in Union consumption;
Amendment 1111 #
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 a project’s compliance with the following Union legislation or international instruments and on the basis of the risk categories presented in point 4a:
Amendment 1115 #
Proposal for a regulation
Annex III – point 4 – point i a (new)
Annex III – point 4 – point i a (new)
(ia) the principles of Free, Prior and Informed Consent (FPIC) as established in the United Nations Declaration on the Rights of Indigenous Peoples, adopted by the UN General Assembly in 2007;
Amendment 1118 #
Proposal for a regulation
Annex III – point 4 – point i b (new)
Annex III – point 4 – point i b (new)
(ib) the International Bill of Human Rights, including the international covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights;
Amendment 1121 #
Proposal for a regulation
Annex III – point 4 – point i c (new)
Annex III – point 4 – point i c (new)
(ic) ILO Declaration on Fundamental Principles and Rights at Work;
Amendment 1122 #
Proposal for a regulation
Annex III – point 4 – point i d (new)
Annex III – point 4 – point i d (new)
(id) Eight fundamental ILO Conventions as defined under the ILO Declaration on Fundamental Principles and Rights at work;
Amendment 1123 #
Proposal for a regulation
Annex III – point 4 – point i e (new)
Annex III – point 4 – point i e (new)
(ie) Ten Principles of the United Nations Global Compact;
Amendment 1124 #
Proposal for a regulation
Annex III – point 4 – point i f (new)
Annex III – point 4 – point i f (new)
(if) UNEP Guidelines for Social Life Cycle Assessment of Products;
Amendment 1125 #
Proposal for a regulation
Annex III – point 4 – point i g (new)
Annex III – point 4 – point i g (new)
(ig) Convention on Biological Diversity, in particular Decision COP VIII/28- Voluntary guidelines on Biodiversity-Inclusive impact assessment;
Amendment 1126 #
Proposal for a regulation
Annex III – point 4 – point i h (new)
Annex III – point 4 – point i h (new)
(ih) UN Paris Agreement;
Amendment 1127 #
Proposal for a regulation
Annex III – point 4 – point i i (new)
Annex III – point 4 – point i i (new)
(ii) ILO Convention 169 related to Indigenous and Tribal Peoples;
Amendment 1130 #
Proposal for a regulation
Annex III – point 4 – paragraph 1 – introductory part
Annex III – point 4 – paragraph 1 – introductory part
Project promoters may also attessupplement compliance with the criterion referred to in Article 5(1), point (c) by:
Amendment 1131 #
Proposal for a regulation
Annex III – point 4 – paragraph 1 – point a
Annex III – point 4 – paragraph 1 – point a
(a) providing evidence that the project concerned is individually certified at the level of the site as part of a recognised scheme referred to in Article 29; or.
Amendment 1133 #
Proposal for a regulation
Annex III – point 4 – paragraph 1 – point b
Annex III – point 4 – paragraph 1 – point b
Amendment 1136 #
Proposal for a regulation
Annex III – point 4 a (new)
Annex III – point 4 a (new)
Amendment 1138 #
Proposal for a regulation
Annex III – point 5 – point a
Annex III – point 5 – point a
(a) whether companies from differentat least three Member States participate in the project;
Amendment 1139 #
Proposal for a regulation
Annex III – point 5 – point c
Annex III – point 5 – point c
(c) effects on the availability of strategic raw materials for downstream users or strategic stocks in more than onetwo Member States.
Amendment 1140 #
Proposal for a regulation
Annex III – point 5 – point c a (new)
Annex III – point 5 – point c a (new)
(ca) in particular for a project located in an emerging market or developing economy, whether the project contributes to the social and economic development of the respective country and whether it fairly benefits to local and affected communities.
Amendment 1143 #
Proposal for a regulation
Annex IV – paragraph 1 – point a a (new)
Annex IV – paragraph 1 – point a a (new)
(aa) the scheme is based on a multi- stakeholder governance;
Amendment 1145 #
Proposal for a regulation
Annex IV – paragraph 1 – point b – point i
Annex IV – paragraph 1 – point b – point i
(i) requirements ensuring environmentally sustainable practices according to the global state-of-the art, including requirements ensuring environmental management and impact mitigation, and the restoration phase;
Amendment 1157 #
Proposal for a regulation
Annex IV – paragraph 1 – point b – point ii
Annex IV – paragraph 1 – point b – point ii
(ii) requirements for ensuring socially responsible practices, including respect for human rights and, labour rights and the rights of indigenous peoples;
Amendment 1163 #
Proposal for a regulation
Annex IV – paragraph 1 – point b – point iii
Annex IV – paragraph 1 – point b – point iii
(iii) requirements for ensuring business integrity and transparency including requirements to apply sound management of financial, environmental and social matters, and anti-corruption and bribery policies in line with the OECD Guidelines listed in Annex III point 4;
Amendment 1164 #
Proposal for a regulation
Annex IV – paragraph 1 – point b – point iii a (new)
Annex IV – paragraph 1 – point b – point iii a (new)
(iiia) requirements for ensuring good governance principles, including meaningful engagement with and active participation of affected and local communities all along the stages of the project, tangible guarantees against social and environmental risks ensuring the liability of economic operators during and after the end of the operational phase of the project, and a fair compensation mechanism for the affected and local communities;
Amendment 1167 #
Proposal for a regulation
Annex IV – paragraph 1 – point c
Annex IV – paragraph 1 – point c
(c) verification and monitoring of compliance is objective, based on international, Union or national standards, requirements and procedures and carried out independently from the relevant economic operator by a third party;
Amendment 1169 #
Proposal for a regulation
Annex IV – paragraph 1 – point d a (new)
Annex IV – paragraph 1 – point d a (new)
(da) it includes on-site audits with face- to-face consultations with relevant stakeholders including local communities, civil society, workers and trade unions, as well as audit reports that are made publicly available, and a grievance mechanism in accordance with the UN Guiding Principles;