126 Amendments of Antoni COMÍN I OLIVERES related to 2023/0079(COD)
Amendment 8 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) The EU’s Eighth Environment Action Programme aims to significantly decrease the EU’s material footprint, that is, the amount of raw material extracted to manufacture the goods and services consumed. Since 2010, the material footprint has remained relatively stable and was 6.1 billion tonnes in 2020. This level of consumption is not sustainable and is higher than the global average. Given the lack of a declining trend, to achieve the aim of reducing the EU’s material footprint, significant efforts are needed to reduce consumption and material extraction, and switch to goods and services that require less material, including critical raw materials.
Amendment 19 #
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 and sustainability of the critical raw materials consumed in the Union, as well as decreasing its demand.
Amendment 20 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) The EU’s Eighth Environment Action Programme aims to significantly decrease the EU’s material footprint, that is, the amount of raw material extracted to manufacture the goods and services consumed. Since 2010, the material footprint has remained relatively stable and was 6.1 billion tonnes in 2020. This level of consumption is not sustainable and is higher than the global average. Given the lack of a declining trend, to achieve the aim of reducing the EU’s material footprint, significant efforts are needed to reduce consumption and material extraction, and switch to goods and services that require less material, including critical raw materials.
Amendment 22 #
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 and sustainability of the critical raw materials consumed in the Union, as well as decreasing its demand.
Amendment 22 #
Proposal for a regulation
Recital 5
Recital 5
(5) The list of critical raw materials should contain all strategic raw materials as well as any other raw materials of high importance for the overall Union economy and for which there is a high risk of supply disruption. These latter raw materials, called essential, are currently more than two thirds of the sector and industry. To take account of possible technological and economic changes, the Commission should, in continuation of current practice, periodically perform an assessment based on data for production, trade, applications, recycling, and substitution for a wide range of raw materials to update the lists of critical and strategic raw materials reflecting the evolution in the economic importance and supply risk associated with those raw materials. The list of critical raw materials should include those raw materials which reach or exceed the thresholds for both economic importance and supply risk, without ranking the relevant raw materials in terms of criticality. This assessment should be based on an average of the latest available data over a 5-year-period. The measures set out in this Regulation related to one stop shop for permitting, planning, exploration, monitoring, circularity, and sustainability should apply to all critical raw materials.
Amendment 30 #
Proposal for a regulation
Recital 6
Recital 6
Amendment 31 #
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, with the upmost respect for human rights. 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 42 #
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, stockpiling 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 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 44 #
Proposal for a regulation
Recital 9
Recital 9
(9) In order to build capacities in the Union, the Commission should, with the support of the Board, identify Strategic Projects in the Union that intend to become active in the extraction, processing, stockpiling or recycling of strategic raw materials. Effective support to Strategic Projects has the potential to improve access to materials for downstream sectors as well as to create economic opportunities along the value chain, including for SMEs, and contribute to the creation of employment and prevent financial speculation in strategic and critical raw materials where possible. Therefore, to ensure the development of Strategic Projects across the Union, such projects should benefit from streamlined and predictable permitting procedures and support in gaining access to finance. In order to focus support and ensure their added value, projects should, before receiving such support, be assessed against a set of criteria. Strategic Projects in the Union should strengthen the Union's security of supply for strategic, critical and essential raw materials, show sufficient technical feasibility and be implemented in an environmentally and socially sustainable manner. They, especially respecting labour rights of workers involved and the rights of the local populations. These Strategic Projects should also provide cross- border benefits beyond the Member State concerned. Where the Commission assesses these criteria to be fulfilled, it should publish the recognition as a Strategic Project in a decision. As a speedy recognition is key to effectively supporting the Union's security of supply, the assessment process should remain light and not overly burdensome.
Amendment 52 #
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, with the upmost respect towards human rights. 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 76 #
Proposal for a regulation
Article 1 – paragraph 2 – point a – point iii
Article 1 – paragraph 2 – point a – point iii
(iii) Union recycling and overall circularity capacity, including for all intermediate recycling steps, is able to produce at least 1520% of the Union's annual consumption of strategic raw materials. The Commission shall assess this threshold five years after the entry into force of this Regulation.
Amendment 77 #
Proposal for a regulation
Article 1 – paragraph 2 – point a a (new)
Article 1 – paragraph 2 – point a a (new)
(aa) reduce the overall consumption of raw materials, to reduce EU’s material footprint;
Amendment 80 #
Proposal for a regulation
Article 1 – paragraph 2 – point d a (new)
Article 1 – paragraph 2 – point d a (new)
(da) ensure that strategic and critical raw materials are extracted, processed and distributed following the highest standards of human rights and environmentally sustainable procedures;
Amendment 83 #
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4a. The Commission shall take into account the objectives and benchmarks laid down in paragraph 2, point e, as related Union priorities within the Directive on Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937 and the Regulation on prohibiting products made with forced labour on the Union market, when preparing requirements to improve the following product aspects: respect of human rights of the workers involved in mining, extraction, processing, refining, distribution, transport, collection, recycling, and recovery of materials.
Amendment 84 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘raw materials value chain’ means all activities and processes involved in the exploration, extraction, processing, transportation and recycling of raw materials;
Amendment 86 #
Proposal for a regulation
Article 2 – paragraph 1 – point 12 a (new)
Article 2 – paragraph 1 – point 12 a (new)
(12a) ‘transportation’ means the transportation of raw materials from one point to another for the means defined in points 5, 6, 9, 11, 21, 22, 33, 34, 35 of this Article;
Amendment 89 #
Proposal for a regulation
Recital 25
Recital 25
(25) Land use conflicts can create barriers to the deployment of critical raw material projects. Well-designed plans, including spatial plans and zoning, that take into account the potential for implementing critical raw material projects and whose potential environmental and social 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 91 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) the project would be implemented sustainably, in particular as regards the monitoring, prevention and minimisation of environmental impacts, the use of socially responsible practices including respect of human and labour rights, quality jobs potential and meaningful engagement with local communities and relevant social partners, and the use of transparent business practices with adequate compliance policies to prevent and minimise risks of adverse impacts on the proper functioning of public administration and the rule of law, including corruption and bribery;
Amendment 93 #
Proposal for a regulation
Article 5 – paragraph 1 – point c a (new)
Article 5 – paragraph 1 – point c a (new)
(ca) the project would implement circularity procedures along its supply chain;
Amendment 97 #
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 and respecting the highest enviornmental, human rights and labour rights standards in that country.
Amendment 101 #
Proposal for a regulation
Article 5 – paragraph 1 – point e a (new)
Article 5 – paragraph 1 – point e a (new)
(ea) for projects that include several steps of the raw materials’ value chain, especially, but not only, recycling and circularity, building critical infrastructure;
Amendment 102 #
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 and public participation including, where appropriate, the establishment of recurrent communication channels with and participation 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;
Amendment 103 #
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) a business plan evaluating the financial viability of the project and guaranteeing all the steps within the value chain, the respect to human rights, labour rights and environmental standards within the project;
Amendment 104 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Strategic Projects shall be considered to contribute to the security of supply and the sustainable production of strategic raw materials in the Union.
Amendment 104 #
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 such 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. 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, the Board should consider the need to maintain incentives for the development of strategic stocks by private operators using strategic raw materials.
Amendment 105 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. The Board may request additional information from project promoters relevant to the implementation of the Strategic Project at any moment, especially regarding environmental and social impacts.
Amendment 105 #
Proposal for a regulation
Recital 39
Recital 39
(39) Many markets for strategic raw materials are not fully transparent and are concentrated on the supply side, which increases the negotiating power of sellers, disregards circularity and increases prices for buyers. To help lower prices for undertaking established in the Union, the Commission should set up a system that is able to aggregate the demand of interested buyers. In developing such a system, the Commission should take into account experience gained in similar endeavours, in particular regarding the joint purchasing of gas as established under Council Regulation 2022/257644. Member State authorities should also be able to participate in this system in order to build up their strategic stocks. All measures under this mechanism should be compatible with Union competition law. _________________ 44 Council Regulation (EU) 2022/2576 of 19 December 2022 enhancing solidarity through better coordination of gas purchases, reliable price benchmarks and exchanges of gas across borders (OJ 335, 29.12.2022, p. 1-35)
Amendment 107 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The provisions set out in this Regulation are without prejudice to the obligations under Articles 6 and 7 of the United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, signed at Aarhus on 25 June 1998, and under the UNECE Convention on environmental impact assessment in a transboundary context, signed at Espoo on 25 February 1991.
Amendment 108 #
Proposal for a regulation
Article 16 – paragraph 2 – point b a (new)
Article 16 – paragraph 2 – point b a (new)
(ba) the respect for human rights of all workers involved, regardless of their nationality;
Amendment 109 #
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2a. the respect for local and indigenous communities living on or nearby the extraction sites;
Amendment 110 #
Proposal for a regulation
Article 17 – paragraph 1 – point d a (new)
Article 17 – paragraph 1 – point d a (new)
(da) human rights and environment due diligence policy and reportings.
Amendment 112 #
Proposal for a regulation
Article 23 – paragraph 2 – point b a (new)
Article 23 – paragraph 2 – point b a (new)
(ba) a report proving lack of forced labour of workers involved in mining, extraction, processing, refining, distribution, transport, collection, recycling, and recovery of materials.
Amendment 113 #
Proposal for a regulation
Article 23 – paragraph 2 – point b b (new)
Article 23 – paragraph 2 – point b b (new)
(bb) a review of the environmental associated impacts of the supply chain.
Amendment 114 #
Proposal for a regulation
Article 23 – paragraph 3 a (new)
Article 23 – paragraph 3 a (new)
3a. The Commission shall adopt an implementing act to establish guidelines and templates for these companies in order for them to comply with this Article.
Amendment 115 #
Proposal for a regulation
Article 25 – paragraph 1 – point a
Article 25 – paragraph 1 – point a
(a) increase the collection of waste with high critical raw materials recovery potential and ensure their introduction into the appropriate recycling systems in line with Article 4 of Directive 2018/851/EU, with a view to maximising the availability and quality of recyclable material as an input to critical raw material recycling facilities;
Amendment 116 #
Proposal for a regulation
Article 25 – paragraph 1 – point a a (new)
Article 25 – paragraph 1 – point a a (new)
(aa) reduce their material footprint;
Amendment 117 #
Proposal for a regulation
Article 25 – paragraph 1 – point b
Article 25 – paragraph 1 – point b
(b) increase the waste prevention and re-use of products and components with high critical raw materials recovery potential through a mandatory second life assessment requirements for CRM equipment and components. Mandatory tests to determine whether it is technically possible and ecologically reasonable for CRM equipment and components to be repurposed for second life;
Amendment 118 #
Proposal for a regulation
Article 25 – paragraph 1 – point e a (new)
Article 25 – paragraph 1 – point e a (new)
(ea) ensure that all territories develop critical infrastructures at local, regional and national level meant for the recycling of raw materials.
Amendment 119 #
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 120 #
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 high critical raw materials reuse and recovery potential within the meaning of paragraph 1 (a) and (b).
Amendment 121 #
Proposal for a regulation
Article 25 – paragraph 7 – subparagraph 2 – point a
Article 25 – paragraph 7 – subparagraph 2 – point a
(a) the total amount of critical raw materials recoverable and reuseable from those products, components and waste streams:
Amendment 122 #
Proposal for a regulation
Article 25 – paragraph 7 – subparagraph 2 – point d
Article 25 – paragraph 7 – subparagraph 2 – point d
(d) particular challenges affecting their collection, preparation for reuse and waste treatment;
Amendment 123 #
Proposal for a regulation
Article 25 – paragraph 7 – subparagraph 2 – point e
Article 25 – paragraph 7 – subparagraph 2 – point e
(e) existing systems of collection, preparation for reuse and waste treatment applying to them.
Amendment 124 #
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. Operators obliged to submit waste management plans in accordance with Article 5 of Directive 2006/21/EC shall provide to the competent authority as defined in Article 3 of Directive 2006/21/EC a preliminary economic and environmental assessment study regarding the potential recovery of critical raw materials from:
Amendment 125 #
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
5. If there is evidence of repeated or significant cases where economic operators implementing a recognised scheme have failed to fulfil the requirements of that scheme, the Commission shall examine, in consultation with the owner of the recognised scheme, whether those cases indicate deficiencies in the scheme affecting the basis for the recognition and take appropriate action. The Commission shall develop a portal where stakeholders are able to submit feedback about a given scheme, in order for the Commission to be able to have an independent assessment.
Amendment 126 #
Proposal for a regulation
Article 29 – paragraph 8 a (new)
Article 29 – paragraph 8 a (new)
8a. The membership of an economic operator in a recognised certification scheme shall not exempt it from its obligations under this Regulation, Union, national and International law.
Amendment 148 #
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 communities, the use of transparent business practices and the prevention of adverse impacts on the proper functioning of public administration and the rule of law;
Amendment 154 #
Proposal for a regulation
Article 33 – paragraph 1 – point c – point iii a (new)
Article 33 – paragraph 1 – point c – point iii a (new)
(iiia) whether the strategic partnership shall build critical infrastructure for the safe and sustainable extraction and processing, collection and recycling, and waste management of raw materials in third countries, especially in emerging markets and developing countries;
Amendment 154 #
Proposal for a regulation
Article 1 – paragraph 2 – point a – point iii
Article 1 – paragraph 2 – point a – point iii
(iii) Union recycling and overall circularity capacity, including for all intermediate recycling steps, is able to produce at least 1520% of the Union's annual consumption of strategic raw materials. The Commission shall assess this threshold in order to increase five years after the entry into force of this Regulation.
Amendment 170 #
1. The Board shall be composed of Member States and the Commission, the Commission and representatives from the industry and relevant civil society organizations, including representatives of local communities. It shall be chaired by the Commission.
Amendment 175 #
Proposal for a regulation
Annex III – point 4 – point i b (new)
Annex III – point 4 – point i b (new)
(ib) United Nations Declaration on the rights of Indigenous Peoples (UNDRIP);
Amendment 175 #
Proposal for a regulation
Article 1 – paragraph 2 – point d a (new)
Article 1 – paragraph 2 – point d a (new)
(da) reduce the overall consumption of raw materials, to reduce EU’s material footprint;
Amendment 176 #
Proposal for a regulation
Annex III – point 4 – point i a (new)
Annex III – point 4 – point i a (new)
(ia) EIB Eligibility, Excluded Activities and Excluded sectors list;
Amendment 176 #
Proposal for a regulation
Article 1 – paragraph 2 – point d b (new)
Article 1 – paragraph 2 – point d b (new)
(db) ensure that strategic and critical raw materials are extracted, processed and distributed following the highest standards of human rights and environmentally sustainable procedures.
Amendment 180 #
Proposal for a regulation
Annex III – point 4 – point i c (new)
Annex III – point 4 – point i c (new)
(ic) ILO Convention 169 on indigenous and tribal peoples;
Amendment 182 #
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4a. The Commission shall take into account the objectives and benchmarks laid down in paragraph 2, point e, as related Union priorities within the Directive on Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937 and the Regulation on prohibiting products made with forced labour on the Union market, when preparing requirements to improve the following product aspects: respect of human rights of the workers involved in mining, extraction, processing, refining, distribution, transport, collection, recycling, and recovery of materials.
Amendment 183 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
(3a) ‘essential raw materials’ means the raw materials not listed in Article 4, point 4a;
Amendment 184 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘raw materials value chain’ means all activities and processes involved in the exploration, extraction, processing, transportation, stockpiling and recycling of raw materials;
Amendment 188 #
Proposal for a regulation
Annex III – point 4 – paragraph 1 – introductory part
Annex III – point 4 – paragraph 1 – introductory part
Project promoters may also attest additional compliance with the criterion referred to in Article 5(1), point (c) by:
Amendment 190 #
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 as part of a recognised scheme referred to in Article 29; or
Amendment 191 #
Proposal for a regulation
Annex III – point 4 – paragraph 1 – point b
Annex III – point 4 – paragraph 1 – point b
Amendment 192 #
Proposal for a regulation
Article 2 – paragraph 1 – point 12 a (new)
Article 2 – paragraph 1 – point 12 a (new)
(12a) ‘transportation’ means the transportation of raw materials from one point to another for the means defined in points 5, 6, 9, 11, 21, 22, 33, 34, 35 of this Article;
Amendment 193 #
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 inidigenous peoples rights;
Amendment 193 #
Proposal for a regulation
Article 2 – paragraph 1 – point 12 b (new)
Article 2 – paragraph 1 – point 12 b (new)
Amendment 194 #
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 robust anti-corruption and bribery policies in line with the OECD Guidelines outlined in Annex III;
Amendment 195 #
Proposal for a regulation
Annex IV – paragraph 1 – point d a (new)
Annex IV – paragraph 1 – point d a (new)
(da) it includes an on-site audit with in- person consultation with relevant stakeholders including local communities, civil society, workers and trade unions.
Amendment 196 #
Proposal for a regulation
Annex IV – paragraph 1 – point d b (new)
Annex IV – paragraph 1 – point d b (new)
(db) audit reports are made available in a transparent and extensive manner.
Amendment 197 #
Proposal for a regulation
Annex IV – paragraph 1 – point d c (new)
Annex IV – paragraph 1 – point d c (new)
(dc) It includes grievance mechanisms in line with the United Nations Guiding Principles on Business and Human Rights.
Amendment 198 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. The Commission shall, by means of a delegated regulation, make a list of essential raw materials, including all those raw materials not listed in Annex II of this Regulation but of key economic relevance for the Union.
Amendment 213 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) the project would be implemented sustainably, in particular as regards the monitoring, prevention and minimisation of environmental impacts, the use of socially responsible practices including respect of human and labour rights, quality jobs potential and meaningful engagement with local and indigenous 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 and the rule of law, including corruption and bribery;
Amendment 218 #
Proposal for a regulation
Article 5 – paragraph 1 – point c a (new)
Article 5 – paragraph 1 – point c a (new)
(ca) the project would implement circularity procedures within its supply chain;
Amendment 221 #
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) for projects in the Union, the establishment, operation or production of the project would have cross-border benefits beyond the Member State concerned and inclusion of different small and medium-size enterprises, including for downstream sectors;
Amendment 227 #
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 and respecting the highest environmental and human rights standards in that country.
Amendment 228 #
Proposal for a regulation
Article 5 – paragraph 1 – point e a (new)
Article 5 – paragraph 1 – point e a (new)
(ea) for projects that include several steps of the raw materials’ value chain, especially, but not only, recycling and circularity, the project would build critical infrastructure;
Amendment 239 #
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 and public participation including, where appropriate, the establishment of recurrent communication channels with and participation 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;
Amendment 242 #
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) a business plan evaluating the financial viability of the project and guaranteeing all the steps within the value chain, the respect for human rights, labour rights and environmental standards within the project;
Amendment 256 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Strategic Projects shall be considered to contribute to the security of supply and the sustainable production of strategic raw materials in the Union.
Amendment 267 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. The Board may request additional information from project promoters relevant to the implementation of the Strategic Project at any moment, especially regarding social and environmental impacts.
Amendment 269 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. By [OP please insert: 3 months after the date of entry into force of this Regulation], Member States shall designate one national competent authorityies which shall be responsible for facilitating and coordinating the permit-granting process for critical raw material projects and provide information on the elements referred to in Article 17. In the case of Member States where most permits are granted at local or regional level, the permits shall continue being granted in this manner.
Amendment 271 #
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.
Amendment 272 #
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. The responsibilities of the national competent authority referred to in paragraph 1 or the tasks related to it may be delegated to, or carried out by, another authority, for each critical raw material projects, provided that:
Amendment 273 #
Proposal for a regulation
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) the national competent authority referred to in paragraph 1 notifies the project promoter of that delegation;
Amendment 274 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. The national competent authority referred to in paragraph 1 shall take into consideration any valid studies conducted and permits or authorisations issued for a given critical raw material project before the project entered the permit granting process in accordance with this Article, and shall not require duplicate studies and permits or authorisations, unless otherwise required under Union law.
Amendment 275 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. The national competent authority referred to in paragraph 1 shall ensure that applicants have easy access to information on and simple procedures for the settlement of disputes concerning the permit granting process and the issuance of permits for critical raw materials projects, including, where applicable, alternative dispute resolution mechanisms.
Amendment 277 #
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.
Amendment 279 #
Proposal for a regulation
Article 8 – paragraph 8 – point a
Article 8 – paragraph 8 – point a
(a) periodically discuss the implementation of this Section and share lessons-learned and best-practices for speeding up permitting procedure for critical raw material projects as well as to improve their public acceptance;
Amendment 300 #
Proposal for a regulation
Article 11 – title
Article 11 – title
Environmental and human rights assessments and authorisations
Amendment 303 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
Where an environmental impact assessment must be carried out for a Strategic Project in accordance with Articles 5 to 9 of Directive 2011/92/EU, the relevant project promoter shall 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 and human rights impact assessment report under Article 5(1) of that Directive.
Amendment 311 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
The national competent authority referred to in Article 8(1) shall ensure that the opinion referred to in the first subparagraph is issued as soon as possible and within a period of time not exceeding 30 days from the date on which the project promoter submitted its request.
Amendment 316 #
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
In the case of Strategic Projects for which the obligation to carry out assessments of the effects on the environment arises simultaneously from Council Directive 92/43/EEC, Directives 2000/60/EC, 2008/98/EC, 2009/147/EC 2010/75/EU, 2011/92/EU or 2012/18/EU of the European Parliament and the Council, the national competent authority referred to in Article 8(1) shall ensure that a coordinated or a joint procedure fulfilling the requirements of that Union legislation is applied.
Amendment 321 #
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 2
Article 11 – paragraph 2 – subparagraph 2
Under the coordinated procedure referred to in the first subparagraph, the national competent authority referred to in Article 8(1) shall coordinate the various individual assessments of the environmental and human rights impact of a particular project required by the relevant Union legislation.
Amendment 325 #
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 3
Article 11 – paragraph 2 – subparagraph 3
Under the joint procedure referred to in the first subparagraph, the national competent authority referred to in Article 8(1) shall provide for a single assessment of the environmental and human rights impact of a particular project required by the relevant Union legislation.
Amendment 331 #
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 and human rights impact assessment of a Strategic Project within three 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 342 #
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 and human rights 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.
Amendment 375 #
Proposal for a regulation
Article 16 – paragraph 2 – point b a (new)
Article 16 – paragraph 2 – point b a (new)
(ba) the respect for human rights of all workers involved, regardless of their nationality;
Amendment 376 #
Proposal for a regulation
Article 16 – paragraph 2 – point b b (new)
Article 16 – paragraph 2 – point b b (new)
(bb) the respect for indigenous communities and inhabitants living on or nearby the extraction sites;
Amendment 381 #
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
(c) funding possibilities at Union or Member State and regional level;
Amendment 383 #
Proposal for a regulation
Article 17 – paragraph 1 – point d a (new)
Article 17 – paragraph 1 – point d a (new)
(da) human rights and environment due diligence policy and reportings.
Amendment 386 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Each Member State shall draw up a national programmes 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 5 years.
Amendment 388 #
Proposal for a regulation
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. The national exploration programmes referred to in paragraph 1 shall include measures to increase available information on the Union’s critical raw material occurrences, including deep ore deposits. They shall include, as appropriate, the following measures:
Amendment 390 #
Proposal for a regulation
Article 18 – paragraph 2 – point e a (new)
Article 18 – paragraph 2 – point e a (new)
(ea) respect for the environment and for local communities.
Amendment 393 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Member States shall communicate to the Commission their national programmes referred to in paragraph 1.
Amendment 395 #
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Member States shall, as part of the report referred to in Article 43, provide information on progress in the implementation of the measures included in their national programmes.
Amendment 396 #
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. This information shall, where applicable, include the classification of the identified occurrences using the United Nations Framework Classification for Resources.
Amendment 398 #
Proposal for a regulation
Article 18 – paragraph 6 – introductory part
Article 18 – paragraph 6 – introductory part
6. Taking into consideration existing cooperation on general exploration, the standing sub-group referred to in Article 35(6), point (b) shall discuss the national programmes referred to in paragraph 1 and their implementation, including at least:
Amendment 415 #
Proposal for a regulation
Article 23 – paragraph 2 – point b a (new)
Article 23 – paragraph 2 – point b a (new)
(ba) a report proofing lack of forced labour of the workers involved in mining, extraction, processing, refining, distribution, transport, collection, recycling, and recovery of materials;
Amendment 416 #
Proposal for a regulation
Article 23 – paragraph 2 – point b b (new)
Article 23 – paragraph 2 – point b b (new)
(bb) a review of the environmteal associated impacts of the supply chain.
Amendment 417 #
Proposal for a regulation
Article 23 – paragraph 3 a (new)
Article 23 – paragraph 3 a (new)
Amendment 418 #
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1a. Joint purchasing initiatives shall pay special attention to European SMEs, ensuring that they can access strategic, critical and essential raw materials and avoiding concentration in access for a limited number of buyers.
Amendment 427 #
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 containing measures designed to:
Amendment 429 #
Proposal for a regulation
Article 25 – paragraph 1 – point -a (new)
Article 25 – paragraph 1 – point -a (new)
(-a) reduce their material footprint;
Amendment 467 #
Proposal for a regulation
Article 25 – paragraph 1 – point e a (new)
Article 25 – paragraph 1 – point e a (new)
(ea) ensure that all territories develop critical infrastructures at local, regional and national level meant for the recycling of raw materials.
Amendment 491 #
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 684 #
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 communities, the use of transparent business practices and the prevention of adverse impacts on the proper functioning of public administration and the rule of law;
Amendment 685 #
Proposal for a regulation
Article 33 – paragraph 1 – point c – point iii a (new)
Article 33 – paragraph 1 – point c – point iii a (new)
(iiia) whether the strategic partnership shall build critical infrastructure for the safe and sustainable extraction and processing, the collection and recycling, and waste management of raw materials in third countries, especially in emerging markets and developing countries;
Amendment 691 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The Board shall be composed of Member States, and the Commission and representatives from the industry and the specialised civil society, including a representation of local communities. It shall be chaired by the Commission.
Amendment 694 #
Proposal for a regulation
Article 35 – paragraph 6 – subparagraph 1
Article 35 – paragraph 6 – subparagraph 1
The Board may establish standing or temporary sub-groups to deal with specific questions and tasks, following the experience of the Domestic Advisory Groups that assess trade policy and agreements.
Amendment 695 #
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; 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 696 #
Proposal for a regulation
Article 35 – paragraph 6 – subparagraph 2 – point b
Article 35 – paragraph 6 – subparagraph 2 – point b
(b) a subgroup bringing together national geological institutes or surveys or, in the absence of such institute or survey, the relevant national authorityauthorities in the Member State in charge of general exploration, with the purpose of contributing to the coordination of national exploration programmes referred to in Article 18;
Amendment 699 #
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, strategic and essential raw materials or, in the absence of such agency, the relevant national authorityauthorities of the Member States in charge of that matter, with the purpose of contributing to the monitoring tasks as set out in Article 19;
Amendment 700 #
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 nationalies of the Member States and 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.
Amendment 702 #
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 evaluating the administration procedures of Member States, regions and other levels of the public administration that grant permits, in order to, inter alia but not only, establish good administrative practices and guidelines on how to minimise the administrative burden, or how to digitise administrative procedures;
Amendment 705 #
Proposal for a regulation
Article 35 – paragraph 6 – subparagraph 2 – point d b (new)
Article 35 – paragraph 6 – subparagraph 2 – point d b (new)
(db) a subgroup bringing together representatives of specialised small- and medium-size enterprises in order to, inter alia, evaluate the situation of the markets and supply chains, ensure that projects in the Union are made by European companies, and prevent financial speculation by larger corporations.
Amendment 709 #
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. The power to adopt delegated acts referred to in Article 3(2), Article 4(2), Article 5(2) and (4a), 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 710 #
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
3. The delegation of power referred to in Article 3(2), Article 4(2), Article 5(2) and (4a), 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 711 #
Proposal for a regulation
Article 36 – paragraph 6
Article 36 – paragraph 6
6. A delegated act adopted pursuant to Article 3(2), Article 4(2), Article 5(2) and (4a), 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.