Activities of Andrey SLABAKOV related to 2023/0079(COD)
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 (39)
Amendment 35 #
Proposal for a regulation
Recital 6
Recital 6
(6) To strengthen Union capacities along the strategic raw materials value chain, benchmarks should be set to guide efforts and track progress. The aim should be to increase capacities for each strategic raw material at each stage of the value chain, while aiming to achieve overall capacity benchmarks for extraction, processing and recycling of strategic raw materials. Firstly, the Union should increase the use of its own geological resources of strategic raw materials and build up capacity to allow it to extract the materials needed to produce at least 10 % of the Union's consumption of strategic raw materials. Keeping in mind that extraction capacity is highly dependent on the availability of Union geological resources, the achievement of this benchmark is dependent on such availability. Secondly, in order to build a full value chain and prevent any bottlenecks at intermediate stages, the Union should in addition increase its processing capacity along the value chain and be able to produce at least 40 % of its annual consumption of strategic raw materials. Thirdly, it is expected that in the coming decades a growing share of the Union's consumption of strategic raw materials can be covered by secondary raw materials, which would improve both the security and the sustainability of the Union’s raw materials supply. Therefore, Union recycling capacity should be able to produce at least 15 % of the Union’s annual consumption of strategic raw materials, in order to supplement Union extraction and processing capacity. These benchmarks refer to the 2030 time horizon, in alignment with the Union's climate and energy targets set under Regulation (EU) 2021/1119 of the European Parliament and of the Council29and the digital targets under the Digital Decade30, which they underpin. Furthermore, quality jobs, including skills development and job-to- job transitions, will address risks in the sectoral labour market and help ensure the EU’s competitiveness. _________________ 29 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (OJ L 243, 9.7.2021, p. 1). 30 Decision (EU) 2022/2481 of the European Parliament and of the Council of 14 December 2022 establishing the Digital Decade Policy Programme 2030 (OJL 323, 19.12.2022, p. 4–26 )
Amendment 37 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) The benchmarks should allow a certain level of flexibility to best reflect the uniqueness of the value chain of the raw material targeted, as each material has specific properties and challenges associated with its sourcing, processing and recycling. An open and constant dialogue between industry and policymakers should be encouraged to identify benchmarks that are both technically and economically feasible, as well as in line with the EU's objectives and in full respect to requirements of Member States concerning use of their sources.
Amendment 53 #
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, where possible. 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. Where the Commission assesses these criteria to be fulfilled, it should publish the recognition as a Strategic Project in a decision.
Amendment 57 #
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 sustainablyby using economically and technically feasible sustainability measures. To that end, the Strategic Projects receiving support under this Regulation should be assessed taking into account, where relevant, international instruments covering all aspects of sustainability highlighted in the EU principles for sustainable raw materials31, including ensuring environmental protection, socially responsible practices, including respect for human rights such as the rights of women, and transparent business practices. Projects should also ensure engagement in good faith as well as comprehensive and meaningful consultations with local communities, including with indigenous peoples. To provide project promoters with a clear and efficient way of complying with this criterion, compliance with relevant Union legislation, international standards, guidelines and principles or participation in a certification scheme recognised under this Regulation should be considered sufficient. _________________ 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 59 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) When introducing certification schemes and environmental footprint requirements, a balanced approach is necessary to allow industry to comply with these obligations while guaranteeing a level playing field between EU and non- EU companies. Any regulation applying burdens to strategic and critical raw materials should be subject to a “check” on economic viability.
Amendment 60 #
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11b) The status of critical and strategic raw materials should be considered in all EU legislation where materials are directly or indirectly impacted both in general, product specific, and substance specific legislation, as well as in legislation addressing environmental impact and public health.
Amendment 87 #
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) Administrative facilitation measures should not be limited to strategic projects and should apply, to a lesser extent, to all other strategic or critical raw material projects. It is therefore necessary to implement a second set of reduced timeframes for the granting process or the conduct of environmental impact assessments applicable to other strategic or critical raw material projects that would be compatible with existing EU environmental legal requirements.
Amendment 106 #
Proposal for a regulation
Recital 41
Recital 41
(41) MostWhile many critical raw materials are metals, which can be in principle endlessly recycled, albeit with sometimes deteriorating qualities. T, this offers the potential to move to a truly circular economy in the context of the green transitiondoes not apply universally and must be taken into account when building a secure and resilient critical raw materials value chain. Therefore, this is an opportunity to increase the role of recycling as a supplementary source to extraction and processing of critical raw materials. After an initial phase of rapid growth of demand for critical raw material for new technologies, where primary extraction and processing will still constitute the predominant source, recycling should become increasingly important and reduce the need for primary extraction and its associated impacts. Today, however, recycling rates of most critical raw materials are low, and recycling systemsto fill in the gaps and potentially, where technically 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 requiredonomically feasible.
Amendment 112 #
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 increaseexplore the technical and economic feasibility of increasing 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, in cases where such public procurement is feasible, and national research and innovation programmes provide significant resources to increase the state of knowledge and technology for critical raw materials circularity as well as material efficiency. Finally, Member States should promote the recovery of critical raw materials from extractive waste by improving the availability of information and by addressing legal, economic and technical barriers. One possible solution that Member States should look into are risk-sharing mechanisms between operators and the Member State to promote recovery from closed waste facilities.
Amendment 132 #
Proposal for a regulation
Recital 50
Recital 50
Amendment 155 #
Proposal for a regulation
Article 1 – paragraph 2 – point a – point iii
Article 1 – paragraph 2 – point a – point iii
(iii) Union recycling capacity, including for all intermediate recycling steps, is able to produce at least 15% of the Union's annual consumption of strategic raw materials, in order to supplement Union extraction and processing capacity, where technically and economically feasible.
Amendment 163 #
Proposal for a regulation
Article 1 – paragraph 2 – point a – point iii a (new)
Article 1 – paragraph 2 – point a – point iii a (new)
(iiia) As part of the report referred to in Article 1 paragraph 3, the Commission shall publish its methodology for calculating and reporting on these benchmarks.
Amendment 214 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) the project would be implement technically feasibled sustainably measures, in particular as regards the monitoring, prevention and minimisation of environmental impacts, the use of socially responsible practices including respect of human and labour rights, quality jobs potential and meaningful engagement with local communities and relevant social partners, and the use of transparent business practices with adequate compliance policies to prevent and minimise risks of adverse impacts on the proper functioning of public administration, including corruption and bribery;
Amendment 294 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. For Strategic Projects only involving processing or recycling, the lack of comprehensive decision by the national competent authority referred to in Article 8(1) within the applicable time limits referred to in paragraphs 1 and 2 shall result in the relevant permit granting application to be considered as approved, except in those cases where the specific project requires an environmental impact assessment pursuant to Council Directive 92/43/EEC or Directives 2000/60/EC, 2008/98/EC, 2009/147/EC 2010/75/EU, 2011/92/EU or 2012/18/EU or a determination of whether such environmental impact assessment is necessary and the relevant assessments have not yet been carried out, according to national legal system of each Member State.
Amendment 302 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
Where an environmental impact assessment must be carried out for a Strategic Project or another strategic or critical raw material project in accordance with Articles 5 to 9 of Directive 2011/92/EU, the relevant project promoter shallmay request an opinion to the national competent authority referred to in Article 8(1) on the scope and level of detail of the information to be included in the environmental impact assessment report under Article 5(1) of that Directive.
Amendment 308 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
The national competent authority referred to in Article 8(1) shall ensure that the opinion referred to in the first subparagraph is issued as soon as possible and within a period of time not exceeding 360 days in case of a strategic project or 60 days in case of a strategic or critical raw material project from the date on which the project promoter submitted its complete request.
Amendment 313 #
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
In the case of Strategic Projects or other strategic or critical raw material projects for which the obligation to carry out assessments of the effects on the environment arises simultaneously from Council Directive 92/43/EEC, Directives 2000/60/EC, 2008/98/EC, 2009/147/EC 2010/75/EU, 2011/92/EU or 2012/18/EU of the European Parliament and the Council, the national competent authority referred to in Article 8(1) shall ensure that a coordinated or a joint procedure fulfilling the requirements of that Union legislation is applied.
Amendment 330 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The national competent authority referred to in Article 8(1) shall ensure that the authorities concerned issue the reasoned conclusion referred to in Article 1(2), point (g)(iv) of Directive 2011/92/EU on the environmental impact assessment of a Strategic Project within threor another strategic or critical raw material project, respectively within three months or five months of receiving all necessary information gathered pursuant to Articles 5, 6 and 7 of that Directive and completing the consultations referred to in Articles 6 and 7 of that Directive.
Amendment 336 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The time-frame for consulting the public concerned on the environmental impact assessment report referred to in Article 5(1) of Directive 2011/92/EU shall not be longer than 90 days in the case of Strategic Projects or 150 days in the case of another strategic or critical raw material project.
Amendment 352 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where plans including provisions for the development of critical raw material projects are subject to an assessment pursuant to Directive 2001/42/EC and pursuant to Article 6 of Directive 92/43/EEC, those assessments shall be combined. Where relevant, this combined assessment shall also address the impact on potentially affected water bodies and verify whether the plan would cause deterioration of the status or of the potential referred to in Article 4 of Directive 2000/60/EC or would potentially hamper that a water body achieves good status or good potentialordinated. Where relevant Member States are required to assess the impacts of existing and future activities on the marine environment, including land-sea interactions, as referred to in Article 4 of Directive 2014/89/EU, these impacts shall also be covered by the combinordinated assessment.
Amendment 364 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. All decisions adopted pursuant to this Section shall be made publicly available, excluding those with national priorities.
Amendment 422 #
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: 34 years after the date of entry into force of this Regulation] update their national waste management plans according to Waste Directive 98/2008/EC and may make an assessment of the technical feasibility of recycling as supplementing extraction and processing within the national context, and may adopt and implement national programmes containing appropriate measures designed to:
Amendment 430 #
Proposal for a regulation
Article 25 – paragraph 1 – point a
Article 25 – paragraph 1 – point a
Amendment 452 #
Proposal for a regulation
Article 25 – paragraph 1 – point c
Article 25 – paragraph 1 – point c
(c) increase the use of secondary critical raw materials in manufacturing, including, where appropriate, by taking recycled content into account in award criteria related to public procurementintroducing appropriate incentives;
Amendment 457 #
Proposal for a regulation
Article 25 – paragraph 1 – point d
Article 25 – paragraph 1 – point d
(d) increase the technological maturity of recycling technologies for critical raw materials and to promote materials efficiency and the substitution of critical raw materials in applications, at leastensuring the same performance and when technically and economically feasible, where appropriate by including support actions to that effect under national research &and innovation programmes;
Amendment 476 #
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 1
Article 25 – paragraph 2 – subparagraph 1
The programmes referred to in paragraph 1 shall cover in particular products and waste which are not subject to any specific requirement on collection, treatment, recycling for re-use under Union legislation. For other products and waste, the measures shall be implemented in coherence with existing Union legislation.
Amendment 488 #
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Each Member State shall by [OP please insert: 45 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 498 #
Proposal for a regulation
Article 25 – paragraph 5
Article 25 – paragraph 5
5. When reporting to the Commission the data concerning the quantities of waste electrical and electronic equipment recycled, pursuant to Article 16(6) of Directive 2012/19/EU on waste electrical and electronic equipment, Member States shall, where technically feasible, identify separately, and report, the quantities of components containing relevant amounts of critical raw materials removed from such waste equipment and the quantities of critical raw materials recovered from the waste electrical and electronic equipment. The Commission shall adopt implementing acts specifying the format and details of such reporting. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 37(3). The first reporting period shall cover the first full calendar year after the adoption of those implementing acts.
Amendment 532 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. Operators of existing waste facilities shall submit the study referred to in paragraph 1 to the competent authority as defined in Article 3 of Directive 2006/21/EC by [OP please insert: 34 years after the date of entry into force of this Regulation]. Operators of new waste facilities shall submit this study to the competent authority when submitting their waste management plans in accordance with Article 5 of Directive 2006/21/EC.
Amendment 546 #
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 only with an written agreement of the owner. Where possible, the Member States shall include in the database a classification of the closed extractive waste facilities according to the United Nations Framework Classification for Resources.
Amendment 549 #
Proposal for a regulation
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
1. From [OP please insert: 3 years after the date of entry into force of this Regulation], any natural or legal person that places on the EU internal market magnetic resonance imaging devices, wind energy generators, industrial robots, motor vehicles, light means of transport, cooling generators, heat pumps, electric motors, including where they are integrated in other products, automatic washing machines, tumble driers, microwaves, vacuum cleaners or dishwashers shall ensure that those products bear a conspicuous, clearly legible and indelible label indicating:
Amendment 589 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
Governments or organisations or individual undertakings that have developed and oversee certification schemes, such as assurance framework and multi-stakeholders’ initiatives related to the sustainability of critical raw materials ("scheme owners") may apply to have their schemes recognised by the Commission.
Amendment 595 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2
Article 29 – paragraph 1 – subparagraph 2
Applications referred in the first subparagraph shall contain any relevant evidence related to the fulfilment of the criteria laid down in Annex IV. The Commission shall be empowered to adopt implementing acts specifying the information that applications shall at least contain. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 37(3) and corresponding EU legislation including on due diligence and transparency.
Amendment 597 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2 a (new)
Article 29 – paragraph 1 – subparagraph 2 a (new)
The decision to recognise a scheme described in paragraph 1 shall be published no later than 6 months after the application submitted by the scheme owner.
Amendment 598 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Where, on the basis of the evidence provided pursuant to the paragraph 1, the Commission determines that a certification scheme meets the criteria laid down in Annex IV, it shall adopt an implementing act granting that scheme a recognition. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 37(3). The timeframe for adopting these implementing acts shall not be longer than 6 months after the submission of the application by the scheme owner.
Amendment 619 #
Proposal for a regulation
Article 29 – paragraph 8 a (new)
Article 29 – paragraph 8 a (new)
8a. The recognition provided to schemes under the Critical Raw Materials Act shall be harmonised with recognition and provisions under other EU laws involving due diligence and transparency and the use of certification schemes, such as assurance framework and multi- stakeholders’ initiatives.
Amendment 625 #
Proposal for a regulation
Article 30
Article 30
Amendment 669 #
Proposal for a regulation
Article 30 – paragraph 7
Article 30 – paragraph 7
Amendment 825 #
Proposal for a regulation
Annex V
Annex V