61 Amendments of Lina GÁLVEZ related to 2023/0079(COD)
Amendment 124 #
Proposal for a regulation
Recital 3
Recital 3
(3) Firstly, in order to effectively ensure the Union's access to a secure and sustainable supply of critical raw materials, that framework should include measures to decrease the Union's growing supply risks by strengthening Union capacities along all stages of the strategic raw materials value chain, including extraction, processing and recycling, towards benchmarks defined for each strategic raw material. 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 andefficiency, to reduce the consumption of raw materials, circularity, to increase the use of secondary raw materials, and sustainability, so that the extractive activity implements best available techniques, all to increase the sustainability of the critical raw materials consumed in the Union.
Amendment 160 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) A global decrease of geologist and geoscientist students and graduates has been observed in Europe and major mining jurisdictions. Therefore, action at EU and national level is needed to resource education and training of professionals and achieve the set goals of extraction, process, and recycling.
Amendment 165 #
(7a) Given the globalised nature of the critical and strategic raw materials supply chain, international cooperation with third countries is an important element to achieve the resilience of the Union’s raw materials ecosystem. The Commission, assisted by the European Critical Raw Materials Board, should cooperate and build partnerships with third countries in accordance with the applicable procedural requirements with a view to seeking solutions to strengthen the security of supply and address, to the extent possible, disruptions of the raw materials supply chain. To that end, the European Critical Raw Materials Board should advise the Commission on matters concerning coordinating these efforts and enhancing cooperation between the Union and third countries. This could involve coordinating with partners through diplomatic dialogues and at international fora in accordance with the applicable procedural requirements.
Amendment 178 #
Proposal for a regulation
Recital 10
Recital 10
(10) In order to diversify the Union's supply of strategic raw materials, the Commission should, with the support of the Board, identify Strategic Projects in third countries that intend to become active in the extraction, processing or recycling of strategic raw materials. To ensure that such Strategic Projects are effectively implemented, they should benefit from improved access to finance. In order to ensure their added value, projects should be assessed against a set of criteria. Like projects in the Union, Strategic Projects in third countries should strengthen the Union's security of supply for strategic raw materials, show sufficient technical feasibility and be implemented sustainably. For projects in emerging markets and developing economies, the project should be mutually beneficial for the Union and the third country involved and add value in that country, taking into account also its consistency with the Union’s common commercial 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. of the International Labour Organisation (ILO). Where the Commission assesses these criteria to be fulfilled, it should publish the recognition as a Strategic Project in a decision.
Amendment 188 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Strategic raw materials are, in most cases, extracted as by-products of a carrier mineral. For the Union to meet the objectives of this Regulation, the by- product nature of strategic raw materials shall not impact the strategic nature of such extraction projects. Projects with the aim of extraction can therefore be deemed strategic, both if the strategic mineral is extracted as a main product or as a by- product.
Amendment 225 #
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
Amendment 229 #
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) Continuous efforts at EU and national level are needed to foster and support research and innovation regarding critical raw materials, as fundamental research will be key to discover new materials and substitute materials.
Amendment 230 #
Proposal for a regulation
Recital 28 b (new)
Recital 28 b (new)
(28b) Specific financial and support instruments and targeted research and innovation funds to improve efficiency, substitution, recycling processes and closed material cycles are needed at EU and national level via R&I programmes and other instruments to boost innovation, particularly on waste processing, advanced materials and substitution, and for the development of new and innovative technologies in the field of sustainable mining of critical raw materials in the EU.
Amendment 251 #
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. WThen making the results of such stress tests publicly available, the Commission should also Commission should provide for standardised and secure means or platform for information collection and suggest potential strategies that can be adopted by the public authorities and private actors to mitigate supply risks, such as 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 281 #
Proposal for a regulation
Recital 48
Recital 48
(48) A precondition for effective magnet recycling is for recyclincreasing the circularity of magnets is for recyclers, refurbishers and repairers to have access to the necessary information on the amount, type and chemical composition of magnets in a product, their location and the coating, glues and additives used, as well as information on how to remove the permanent magnets from the product. In addition, to ensure a business case for magnet recycling, permanent magnets incorporated in products placed on the Union market should, over time, contain an increasing amount of recycled materials. While providing transparency on the recycled content in a first stage, a minimum content of recycled content should be set after a dedicated assessment of the appropriate level and likely impacts.
Amendment 330 #
Proposal for a regulation
Article 1 – paragraph 2 – point a – point iii a (new)
Article 1 – paragraph 2 – point a – point iii a (new)
Amendment 358 #
Proposal for a regulation
Article 1 – paragraph 2 – point d b (new)
Article 1 – paragraph 2 – point d b (new)
(db) ensure that the Union's share of the global strategic raw materials refining capacity is at a resilient and competitive level;
Amendment 362 #
Proposal for a regulation
Article 1 – paragraph 2 – point d c (new)
Article 1 – paragraph 2 – point d c (new)
(dc) foster research, innovation and scalability of substitutes of strategic raw materials with lower environmental and material footprints, in Europe.
Amendment 376 #
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4a. The benchmarks set in paragraph 1(a) will be increased when conducting the review referred to in Article 46 of this Regulation. This review shall be in line with the Union's greenhouse gas reduction target for 2040 set in line with Regulation 2021/1119 and the objectives and benchmarks set in [insert Net Zero Industry Act].
Amendment 411 #
Proposal for a regulation
Article 2 – paragraph 1 – point 30
Article 2 – paragraph 1 – point 30
(30) ‘large company’ means any company that had more than 500 employees on average andor had a net worldwide turnover of more than EUR 150 million in the last financial year for which annual financial statements have been prepared;
Amendment 437 #
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2 a (new)
Article 3 – paragraph 2 – subparagraph 2 a (new)
When the Commission adds or removes a raw material to the list in Annex I, Section 1, the Commission shall provide a clear argumentation and a timeline.
Amendment 445 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The Commission shall review and, if necessary, update the list of strategic raw materials by [OP please insert: fourtwo years after the date of entry into force of this Regulation], and every 4 fourtwo years thereafter.
Amendment 457 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2 a (new)
Article 4 – paragraph 2 – subparagraph 2 a (new)
When the Commission adds or removes a raw material to the list in Annex II, Section 1, the Commission shall provide a clear argumentation and timing.
Amendment 464 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The Commission shall review and, if necessary, update the list of critical raw materials by [OP please insert: fourtwo years after the date of entry into force of this Regulation], and every 4 fourtwo years thereafter.
Amendment 473 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the project would make a meaningful contribution to the security of the Union's supply of strategic raw materials; at any stage of the value chain regardless whether the strategic raw material is extracted as a main product or as a by-product; or it contributes by substituting any of the strategic raw materials outlined in Annex I, Section I with a lower environmental and material footprint than original the strategic raw material outlined in Annex I, Section I;
Amendment 498 #
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) for projects in third countries that are emerging markets or developing economies, the project would be mutually beneficial for the Union and the third country concerned by adding value in that country while respecting international labour standards and conventions, and the relevant environmental and human rights standards.
Amendment 515 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) a plan containing measures to facilitate public acceptance including, where appropriate, the establishment of recurrent communication channels with the local communities and organisations, including social partners, the implementation of awareness-raising and information campaigns and the establishment of mitigation and compensation mechanisms to make sure local communities benefit from mining activities;
Amendment 516 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) a plan containing measures to facilitate public acceptance including, where appropriate, the establishment of recurrent communication channels with the local communand regional authorities and organisations, including social partners and local communities, the implementation of engagement, awareness-raising and information campaigns and the establishment of mitigation and compensation mechanisms;
Amendment 525 #
Proposal for a regulation
Article 6 – paragraph 1 – point g a (new)
Article 6 – paragraph 1 – point g a (new)
(ga) if the plan involves resettlement, a plan detailing how legitimate tenure rights-holders will be identified and participate in the valuation process, and how compensation processes for loss of assets or lands are fair and timely.
Amendment 533 #
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). The Board shall invite the relevant representatives from industry, local communities and civil society for consultation before issuing the opinion.
Amendment 556 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. With regard to the environmental impacts addressed in Articles 6(4) and 16(1)(c) of Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC and Article 9(1)(a) of Directive 2009/147/EC, Strategic Projects in the Union shall be considered as being of public interest or serving public health and safety, and may be considered as having an overriding public interest provided that all the conditions set out in those Directives are fulfilled. The project promoter shall present evidence about the fulfilment of such conditions to the Board.
Amendment 566 #
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, relevant to the local population, 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.
Amendment 573 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The national competent authority referred to in paragraph 1 shall be the sole point of contact for the project promoter in the permit granting process leading to a comprehensive decision for a given critical raw material project and shall coordinate the submission of all relevant documents and information. The designated competent authority may however, without affecting the speed of proceedings, consult and involve other competent authorities or ministries in the Member State.
Amendment 589 #
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Member States shall ensure that the national competent authority referred to in paragraph 1 has a sufficient number of qualified staff and sufficient financial, technical and technological resources necessary, including for up- and re-skilling, for the effective performance of its tasks under this Regulation. The Commission may, where appropriate, provide technical assistance to the national competent authorities.
Amendment 647 #
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 (new)
Article 15 – paragraph 1 – subparagraph 1 (new)
The European Investment Bank shall create a separate funding mechanism to support the strategic projects as defined in Article 5. The funding shall as a priority be available to strategic projects in the early stages, taking the form of grants or other direct support. In addition, the European Investement Bank shall provide assistance to help de-risk pre-revenue strategic projects, including by providing zero-rate or guaranteed loans and shall further assist in securing long-term financing for strategic projects by adjusting its risk profiles and enabling equity and other investments in early projects.
Amendment 648 #
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 (new)
Article 15 – paragraph 1 – subparagraph 1 (new)
The Commission shall carry out an assessment of the gap between Strategic Projects financing needs and the available Union financing required to enable Member States meeting the obligations set out in this Regulation. Based on that assessment, the Commission shall evaluate and identify potential solutions to bridge this gap in the Union budget.
Amendment 653 #
Proposal for a regulation
Article 15 – paragraph 1 b (new)
Article 15 – paragraph 1 b (new)
1b. The standing sub-group referred to in Article 35(6) shall 2 years after entry into force provide a report describing obstacles to access finance, and recommendations to facilitate access to finance for strategic raw materials projects through the European Investment Bank.
Amendment 669 #
Proposal for a regulation
Article 16 – paragraph 4 a (new)
Article 16 – paragraph 4 a (new)
4a. The Commission shall monitor the financial viability of such projects and if necessary the Commisison shall present financial instruments to help match off- takers' bids with project promotors' offers.
Amendment 675 #
Proposal for a regulation
Article 18 – paragraph 2 – point a
Article 18 – paragraph 2 – point a
(a) mineral mapping at a suitable scale, including the potential of existing tailings;
Amendment 681 #
Proposal for a regulation
Article 18 – paragraph 5 – subparagraph 1
Article 18 – paragraph 5 – subparagraph 1
Member States shall maketransmit 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 websitethrough the secure platform provided by the Commission . This information shall, where applicable, include the classification of the identified occurrences using the United Nations Framework Classification for Resources.
Amendment 685 #
Proposal for a regulation
Article 18 – paragraph 5 – subparagraph 2 a (new)
Article 18 – paragraph 5 – subparagraph 2 a (new)
The Commission shall provide for standardised and secure platform for the collection, processing and storage of the information acquired pursuant to this Regulation.
Amendment 686 #
Proposal for a regulation
Article 18 – paragraph 6 – point c
Article 18 – paragraph 6 – point c
(c) the possibility to createcreation of an integrated database for storing the results of the national programmes referred to in paragraph 1, accessible to all national competent authorities to increase data- sharing.
Amendment 707 #
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 1
Article 19 – paragraph 3 – subparagraph 1
The Commission, in collaboration with the national authorities participating in the standing sub-group referred to in Article 35(6), point (c), shall ensure that a stress test is performed for each strategic raw material’s supply chain at least every threewo years. To that end, the standing sub-group referred to in Article 35(6), point (c) shall coordinate and divide the implementation of stress tests for the different strategic raw materials by the different participating authorities.
Amendment 716 #
Proposal for a regulation
Article 19 – paragraph 4 – introductory part
Article 19 – paragraph 4 – introductory part
4. The Commission shall make publicly available on a free access website and regularly update a monitoring dashboard containinguse standardised and secure means for the collection and processing of information and shall regularly monitor and update:
Amendment 728 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Member States shall, as part of the report referred to in Article 43, submit to the Commission, through the secured platform, information on the state of their strategic stocks of strategic raw materials.
Amendment 735 #
Proposal for a regulation
Article 22 – paragraph 3 – introductory part
Article 22 – paragraph 3 – introductory part
3. The Commission, taking account of the views of the Board, mayshall, where appropriate, issue opinions addressed to Member States:
Amendment 744 #
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. The Commission shall aim for such auditing exercise to be aligned with other relevant supply chain obligations which companies have under Union legislation.
Amendment 749 #
Proposal for a regulation
Article 25 – paragraph 1 – introductory part
Article 25 – paragraph 1 – introductory part
1. Each Member State shall by [OP please insert: 3 years after the date of entry into force of this Regulation] adopt and implement national programmes, linked to national funding schemes where appropriate, containing measures designed to:
Amendment 753 #
Proposal for a regulation
Article 25 – paragraph 1 – introductory part
Article 25 – paragraph 1 – introductory part
1. Each Member State shall by [OP please insert: 31 years after the date of entry into force of this Regulation] adopt and implement national programmes containing measures designed to:
Amendment 774 #
Proposal for a regulation
Article 25 – paragraph 1 – point b
Article 25 – paragraph 1 – point b
(b) increase the re-use and repair of products and components with high critical raw materials recovery potential;
Amendment 789 #
Proposal for a regulation
Article 25 – paragraph 1 – point e a (new)
Article 25 – paragraph 1 – point e a (new)
(ea) increase the options to reextract critical raw materials from products through changes in the design of those products, by supporting these measures in national research and innovation programmes;
Amendment 798 #
Proposal for a regulation
Article 25 – paragraph 1 – point e c (new)
Article 25 – paragraph 1 – point e c (new)
(ec) implement a cicular product passport in accordance with Directive 2009/125/EC.
Amendment 832 #
Proposal for a regulation
Article 27 – paragraph 7 – subparagraph 2
Article 27 – paragraph 7 – subparagraph 2
The information referred to in paragraph 4 shall refer to the product model or, where the information differs between units of the same model, to a particular batch or unit. The information referred to in paragraph 4 shall be accessible to refurbishers, repairers, recyclers, market surveillance authorities and customs authorities.
Amendment 900 #
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 implemention can ensures the monitoring, prevention and minimisation of environmental impacts, the use of socially responsible practices including respect of human and labour rights and meaningful engagement with local communities and 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 924 #
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Each Member State shall appoint a high-level representative to the Board. Where relevant as regards the function and expertise, a Member State may appoint different representatives in relation to different tasks of the Board. Each member of the Board shall have an alternate. Only Member States shall have voting rights. Each Member State shall have only one vote regardless of the number of representatives.
Amendment 933 #
Proposal for a regulation
Article 35 – paragraph 6 – subparagraph 2 – point a
Article 35 – paragraph 6 – subparagraph 2 – point a
(a) a subgroup to discuss and coordinate financing for Strategic Projects pursuant to Article 15, including a biannual overview of possible financing gaps to be presented biannually; representatives of national promotional banks and institutions, the European development financial institutions, the European Investment Bank Group, other international financial institutions including the European Bank for Reconstruction and Development and, as appropriate, private financial institutions shall be invited as observers;
Amendment 949 #
Proposal for a regulation
Article 35 – paragraph 7 – subparagraph 2
Article 35 – paragraph 7 – subparagraph 2
Where appropriate, the Board mayshall invite experts, representatives from industry, civil society, academia, trade unions, other third parties or representatives of third countries with expertise, to attend meetings of the standing or temporary sub- groups referred to in paragraph 6 as observers or to provide written contributions.
Amendment 953 #
Proposal for a regulation
Article 35 – paragraph 7 – subparagraph 2 a (new)
Article 35 – paragraph 7 – subparagraph 2 a (new)
Where appropriate, Member States may put forward representatives from industry, civil society, academia ot trade unions to be invited by the Board to attend meetings of the standing or temporary sub-groups referred to in paragraph 6.
Amendment 955 #
Proposal for a regulation
Article 35 – paragraph 7 a (new)
Article 35 – paragraph 7 a (new)
7a. The Board should advise the Commission on matters concerning international cooperation related to critical raw materials. For this purpose, the Board should periodically discuss and inform the Commission of the outcome of such discussion on: (a) how to enhance cooperation along the global critical raw materials value chain between the Union and third countries, taking into account existing international cooperation agreements with third countries; and (b) which third countries could be prioritised for enhanced international cooperation related to critical raw materials. This paragraph shall be without prejudice to the prerogatives of the Council and of the European Parliament in accordance with the Treaties.
Amendment 963 #
Proposal for a regulation
Article 36 – paragraph 6
Article 36 – paragraph 6
6. A delegated act adopted pursuant to Article 1(2)(a)(iiia), Article 3(2), 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 969 #
Proposal for a regulation
Article 42 – paragraph 2 a (new)
Article 42 – paragraph 2 a (new)
2a. The report referred to in paragraph 1 shall include the methodology used for calculating and reporting on the benchmarks set in Article 1.
Amendment 972 #
Proposal for a regulation
Article 44 – paragraph 5 a (new)
Article 44 – paragraph 5 a (new)
5a. The Commission shall provide for a standardised and secure platform for the collection, processing and storage of the information acquired pursuant to this Regulation.
Amendment 1105 #
Proposal for a regulation
Annex III – point 1 – point a a (new)
Annex III – point 1 – point a a (new)
(aa) whether the project will contribute to the achievement of the Union's 2030 and 2050 climate objectives;
Amendment 1117 #
Proposal for a regulation
Annex III – point 4 – point i a (new)
Annex III – point 4 – point i a (new)
(ia) UN Declaration on the Rights of Indigenous Peoples (UNDRIP)
Amendment 1119 #
Proposal for a regulation
Annex III – point 4 – point i b (new)
Annex III – point 4 – point i b (new)
(ib) International Labour Organisation Convention n° 169
Amendment 1120 #
Proposal for a regulation
Annex III – point 4 – point i c (new)
Annex III – point 4 – point i c (new)
(ic) EIB eligibility, excluded activities and excluded sectors list;