Activities of Sara MATTHIEU related to 2023/0079(COD)
Plenary speeches (2)
Framework for ensuring a secure and sustainable supply of critical raw materials (debate)
Framework for ensuring a secure and sustainable supply of critical raw materials (debate)
Shadow 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 (128)
Amendment 1 #
Proposal for a regulation
Recital 1
Recital 1
(1) Access to raw materials is essential for the Union economy and the functioning of the internal market. There is a set of non-energy, non-agricultural raw materials that, due to their high economic importance and their exposure to high supply risk, often caused by a high concentration of supply from a few third countries, are considered critical. Given the key role of many such critical raw materials in realising the green and digital transitions, and in light of their use for defence and spacehealth applications, demand will increase exponentially in the coming decades if no sufficient measures are implemented to mitigate growth and protect the Union from the rising gap between demand and supply at the global level. At the same time, the risk of supply disruptions is increasing against the background of rising geopolitical tensions and resource competition. Furthermore, if not managed and mitigated properly, increased demand for critical raw materials could lead to negative environmental and social impacts. Considering these trends, it is necessary to take measures to ensure access to a secure and sustainable supply of critical raw materials and to curb the expected exponential growth in demand in the Union, in order to safeguard the Union's economic resilience and open strategic autonomy.
Amendment 18 #
Proposal for a regulation
Recital 3
Recital 3
(3) Firstly, in order to effectively ensure the Union's access to a secure and sustainable supply of critical raw materials, that framework should include measures to decrease the Union's growing supply risks by mitigating the expected exponential growth in demand, and by strengthening Union capacities along all stages of the strategic raw materials value chain, including extraction, processing and recycling, towards benchmarks defined for each strategic raw material. Secondly, as the Union will continue to rely on imports, the framework should include measures to increase the diversification of external supplies of strategic raw materials. Thirdly, is necessary to provide measures to reinforce the Union’s ability to monitor and mitigate existing and future supply risks. Fourthly, the framework should contain measures to increase the circularity and sustainability of the critical raw materials consumed in the Union, towards a fully circular economy.
Amendment 24 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The legally binding General Union Environment Action Programme to 2030 (the 8th EAP), the framework for Union action in the field of the environment and climate, calls for significantly decreasing the Union’s material and consumption footprints to bring them within planetary boundaries as soon as possible and by 2050 at the latest. Furthermore, the global biodiversity framework of the UN Convention on Biological Diversity, adopted in Montreal in December 2022, sets a 2030 target for reducing the global footprint of consumption in an equitable manner, including through significantly reducing overconsumption and substantially reducing waste generation. The Union should mitigate the expected increase in the consumption of critical raw materials compared to a baseline scenario, without compromising the achievement of the objective enshrined in the Climate Law.
Amendment 33 #
Proposal for a regulation
Recital 6
Recital 6
(6) To strengthen the Union capacities along the's resilience vis-à-vis the access to strategic raw materials value chain, benchmarks should be set to guide efforts and track progress. The aim should be to mitigate consumption growth by 70% compared to a high consumption scenario based on rapid and material- intensive technology deployment. The aim should also be to increase capacities for each strategic raw material at each stage of the value chain, while aiming to achieve overall capacity benchmarks for extractionself- sufficiency, processing and recycling of strategic raw materials. Firstly, the Union should increase the use ofassess and map its own geological resources of strategiccritical raw materials and build up capacity to allow it to extract the materials needed to produceensure a level of self- sufficiency of at least 10 % of the Union's consumption of strategic raw materials. K, keeping in mind that extraction capacity is highly dependent on the availability of Union geological resources, the achievement of this benchmark is dependent on such availabilityand that secondary raw materials should be prioritised. Secondly, in order to build a full value chain and prevent any bottlenecks at intermediate stages, the Union should in addition increase its processing capacity along the value chain and be able to produce at least 40 % of its annual consumption of strategic raw materials. Thirdly, it is expected that in the coming decades a growing share of the Union's consumption of strategic raw materials canshould be covered by secondary raw materials, which wouldin order to improve both the security and the sustainability of the Union’s raw materials supply. Therefore, Union recycling capacity should be able to producess at least 1570 % of the Union’s annual consumptionvolume of strategic raw materials available for recycling. These benchmarks refer to the 2030 time horizon, in alignment with the Union's climate and energy targets set under Regulation (EU) 2021/1119 of the European Parliament and of the 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 39 #
Proposal for a regulation
Recital 8
Recital 8
(8) It is necessary to put in place appropriate measures to support Strategic Projects aimed at the extraction, processing or recycling of strategic raw materials in the Union that should, together with Member State efforts, contribute to increasing capacities towards the benchmarks. Other measures, notably on exploration, mitigation of demand or circularity, are equally important to the reinforcement of different stages of the value chain and thereby to the achievement of 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 58 #
Proposal for a regulation
Recital 11
Recital 11
(11) In order to ensure the sustainability of increased raw material production, new raw materials projects should be implemented sustainably. To that end, the Strategic Projects receiving support under this Regulation should be assessed taking into account international instruments covering all aspects of sustainability highlighted in the EU principles for sustainable raw materials31, including ensuring environmental protection and the protection of marine and coastal environment, socially responsible practices, including respect for human rights such as the rights of women, and transparent business practices. Projects should also ensure engagement in good faith as well as comprehensive and meaningful consultations with local communities, 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 andprinciples or participation in a certification scheme recognised under this Regulation should be considered sufficient, in fullcompliance with theprinciples of Free Prior and Informed Consent (FPIC) and respecting the Right To Say No of those communities. _________________ 31 European Commission, Directorate- General for Internal Market, Industry, Entrepreneurship and SMEs, EU principles for sustainable raw materials, Publications Office, 2021, https://data.europa.eu/doi/10.2873/27875
Amendment 61 #
Proposal for a regulation
Recital 12
Recital 12
(12) Any promoter of a strategic raw materials project should be able to apply to the Commission for the recognition of their project as a Strategic Project. The application should include several documents and evidence related to the criteria. To better assess the social, environmental and economic viability, the feasibility of the project as well as the level of confidence in the estimates, the project promoter should also provide a classification of the project according to the United Nations Framework Classification for Resources, and to allow for objective validation, they should support this classification with relevant evidence. A timetable for the project should also be attached to an application, in order to estimate when the project would be able to contribute towards the benchmarks for domestic capacity or for diversification. As public acceptance of mining projects is crucial for their effective implementation, the promoter should also provide a plan containing measures to facilitate public acceptanceensure public participation. Special attention should be paid to social partners, civil society and other oversight actors. The promoter should also provide a business plan providing information regarding the project’s financial viability and giving an overview of funding and off- take agreements already secured as well as estimates for potential job creation and for the project’s needs in terms of skilled workforce, including upskilling and reskilling.
Amendment 63 #
Proposal for a regulation
Recital 13
Recital 13
(13) To ensure the effective and efficient treatment of applications, the Commission should be able prioritise the processing of applications for projects related to specific underrepresented value chain stages or strategic raw materials, in order to be able to ensure the Union's balanced progress towards all benchmark for Union capacity included in this Regulation. The Commission should prioritise Strategic Projects contributing to circularity of raw materials.
Amendment 67 #
Proposal for a regulation
Recital 7
Recital 7
(7) For some raw materials, the Union is almost fully dependent on a single country for its supply. Such dependencies entail a high risk of supply disruptions. To limit such potential riskLikewise, a large number of strategic raw materials are sourced from countries in which mining is linked to serious human rights abuses, the deterioration of governance, conflicts, and environmental destruction. To limit such adverse effects and increase the Union’s economic resilience, efforts should be undertaken to ensure that, by 2030, it is not overly dependent on a single third country for more than 65% of its supply of any strategic raw material, unprocessed and at any stage of processing, giving however special consideration to countries with whom the Union has established a Strategic Partnership on raw materials giving rise to greater assurances regarding supply risks. primary sources of raw materials, has significantly decreased its dependency on specific third countries for its supply, and has implemented autonomous and collaborative measures to mitigate the risk of human rights abuses and environmental destruction in the raw material supply chain, including via the use of Strategic Partnership.
Amendment 67 #
Proposal for a regulation
Recital 16
Recital 16
(16) In light of their importance for ensuring the security of supply of strategic raw materials, Strategic Projects should be considered to be in the public interest. Ensuring the security of supply of strategic raw materials is of crucial importance for the success of the green and digital transitions as well as the resilience of the defence and spacehealth sectors. To contribute towards security of supply of strategic raw materials in the Union, Member States may provide for support in national permit granting procedures to speed up the realisation of Strategic Projects in accordance with Union law.
Amendment 74 #
Proposal for a regulation
Recital 19
Recital 19
(19) Given their role in ensuring the Union's security of supply for strategic raw materials, and their contribution to the Union's open strategic autonomy and the green and digital transition, Strategic Projects should be considered byNature and biodiversity sustain life on Earth, deliver numerous essential ecosystem services, thereby underpinning the economy, and mitigate and adapt against the impacts of climate change. Even if a number of pieces of EU legislation, such as Council Directive 92/43/EEC, Directive 2000/60/EC, Directive 2009/147/EC and Directive 2008/56/EC, aim to protect and restore habitats and species, Europe continues to lose biodiversity at an alarming rate. For theis responsible permitting authority as being in the public interest. Strategic Projects which haason, as an essential part of the Green Deal, the Union is raising efforts to protect and restore nature, with new objectives an adverse impact on the environment, to the extent it falls under the scope of Directive 2000/60/EC, Council Directive 92/43/EEC and Directive 2009/147/EC39may be authorised where the responsible pd measures set out in, inter alia, the EU Biodiversity Strategy, General Union Environment Action Programme to 2030 (Decision (EU) 2022/591) and the Nature Restoration Law [COM/2022/304 final], and new international commitments in the framework of the UN Convention on Biological Diversity. The 2030 biodiversity-related objective of the 8th EAP is protecting, preserving and restoring marine and terrestrial biodivermsitting authority concludes, based on its case-by-case assessment, that the public interest served byy and the biodiversity of inland waters inside and outside protected areas by, inter alia, halting and reversing biodiversity loss and improving the state of ecosystems and their functions and the services they project overrides those impacts, provided that all relevant conditionsset out in those Directives are met. Where relevant, the case-by-case assessmentshould take into accountvide, and by improving the state of the environment, in particular air, water and soil, as well as combating desertification and soil degradation. Mainstreaming biodiversity in the Union’s policies will be required to meet this objective. To do so and to prevent necessary action in response to the gecological specificity of extraction sites, which constrains decisions on location. _________________ 39 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7–25)crises from being undermined, raw materials projects under the scope of this Regulation should not be located within and negatively affect protected areas designated under Union’s environmental legislation.
Amendment 75 #
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, taking into account that in the past for a majority of resource-rich developing countries, mining, oil or gas exploitation has not translated into broader-based economic, human and social development. Like projects in the Union, all 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, in compliance with due diligence processes as defined by EU legislation and OECD Guidelines for Multinational Enterprises and Due Diligence Guidance for Responsible Business Conduct and Responsible Supply Chains of Minerals from conflict-affected and high-risk areas, addressing adverse impacts on human rights and environmental, rule of law and good governance, as well as the FAO Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests, where land tenure rights are concerned. 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 in, taking into account that for mineral-rich developing countries, realising the full potential of the mining sector account also its consistency with the Union’s common commercial policys a catalyst for sustainable development is fraught with many challenges, which includes i.a.: the finite nature of mineral deposits; the “enclave” nature of the extractive industry, with few links to the local economy; the volatility in commodity prices; limited national capacities, which leaves ill-equipped national administrations vulnerable to large multinational companies; corruption and conflicting stakeholders interests. Such value may be derived from the project’s contribution to more than one stage of the whole value chain, including raw material processing, as well as from creating through the project wider economic and social benefits, including the creation of employment in compliance with international standards, notably the core labour standards of the International Labour Organisation, as well as the right to the free, prior, and informed consent of Indigenous peoples and local communities, in line with the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) and ILO Convention 169 on Indigenous and Tribal Peoples. Where the Commission assesses these criteria to be fulfilled, it should publish the recognition as a Strategic Project in a decision.
Amendment 78 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) The deep sea is home to the greatest diversity of species and ecosystems on earth, providing critical environmental goods and services, including long-term carbon sequestration, and is characterised by environmental conditions that make it highly vulnerable to human disturbance. The Union is committed to implementing the Resolutions adopted by the General Assembly of the United Nations, in particular Resolutions 61/105 and 64/72, which call on States and Regional Fisheries Management Organisations to ensure the protection of vulnerable deep- sea marine ecosystems. It is therefore important to protect the deep sea from harmful activities such as deep sea mining. Raw materials projects under the scope of this Regulation should not involve deep sea mining.
Amendment 80 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) The definition of mutually beneficial partnership with third countries entails, in particular for low-income resource-rich countries, to breaking away from the enclave nature and extractivist model of the mining sector and to afford developing countries sufficient policy space facilitate knowledge and technology, local value addition by facilitating the manufacturing of finished and semi-finished goods in relevant downstream industries, economic and social development in partner countries, as well as the uptake of environmentally sustainable and circular economy practices and decent working conditions;
Amendment 93 #
Proposal for a regulation
Recital 27
Recital 27
(27) A strong value chain in Europe can be built only with adequate financial means. The Commission will work with InvestEU implementing partners to seek ways to scale up support to investment in line with the common objectives set out in Regulation (EU) 2021/52341and in this Regulation, in full coherence with EIB eligibility, excluded activities and excluded sectors list. The InvestEU Advisory Hub can contribute to the build- up of pipeline of viable projects. _________________ 41 Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the InvestEU Programme and amending Regulation (EU) 2015/1017 (OJ 64, 26.3.2021, p. 30-89)
Amendment 99 #
Proposal for a regulation
Recital 54
Recital 54
(54) The Union has concluded Strategic Partnerships covering raw materials with third countries in order to implement the 2020 Action Plan on Critical Raw Materials. In order to diversify supply, these efforts should continue. Nevertheless, the Union shall fully take into account that extractive activities in developing countries often operate in complex social environments surrounded by vulnerable communities. To develop and ensure a coherent framework for the conclusion of future partnerships, the Member States and the Commission should, as part of their interaction on the Board and with full involvement of the European Parliament, discuss and ensure coordination on, inter alia, whether existing partnerships achieve the intended aims, the prioritisation of third countries for new partnerships, the content of such partnerships and their coherence and potential synergies between Member States' bilateral cooperation with relevant third countries. The Union should seek mutually beneficial partnerships with emerging market and developing economies, in coherence with its Global Gateway strategy, which contribute to the diversification of its raw materials supply chain as well a notably in terms of rent extraction, getting a fair deal and share of profits, transparency, accountability, knowledge and technology sharing. Strategic partnerships should include commitments from the Union to offer technical assistance to tackle illicit financial flows, improve regulation of the activities of trans-national corporations and financial regulation, as well technical assistance to governments adnd value in the production in these countriesprivate actors to support compliance with Union legislation on supply chain due diligence.
Amendment 109 #
Proposal for a regulation
Recital 41
Recital 41
(41) Most critical raw materials are metals, which can be in principle endlessly recycled, albeit with sometimes deteriorating qualities. This offers the potential to move to a truly circular economy in the context of the green transition. After an initial phase of rapid growth of demand for critical raw material for new technologies, where primary extraction and processing will still constitute the predominant sourHence, recycling should become increasingly important and reduce the need for primary extraction and its associated impacts. Today, however, recycling rates of most critical raw materials are low, including due to a lack of consideration of recyclability at the design phase of products, and recycling systems and technologies are often not adapted to the specificities of these raw materials. Action addressing the different factors holding back the circularity potential is thus required. Regardless of the amount of strategic raw materials consumed in the Union in 2030, the horizon of travel should aim at the full circularity of these raw materials.
Amendment 121 #
Proposal for a regulation
Recital 45
Recital 45
(45) Operators of extractive waste facilities, both existing and new, should perform a preliminary economic assessment study regarding the recovery of critical raw materials from extractive waste present on the site and from such waste being generated. In line with the waste hierarchy established in Directive 2008/98/EC of the European Parliament and of the Council46, priority should be given to preventing the generation of waste containing critical raw materials, by extracting critical raw materials from the extracted volume prior to it becoming waste. In elaborating this study, operators should gather the necessary information, including concentrations and quantities of critical raw materials in the extractive waste, and perform an assessment of multiple options regarding processes, operations or business arrangements that could enable an econom technically viafeasible recovery of critical raw materials based on the current state of the art of technics and technologies, as well as the conditions for economic viability of this recovery. This obligation comes in addition to obligations laid down in Directive 2006/21/EC and the national laws transposing it and is directly applicable. In its implementation, operators and competent authorities should seek to minimise administrative burden and integrate procedures to the extent possible. _________________ 46 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3-30).
Amendment 127 #
Proposal for a regulation
Recital 49
Recital 49
(49) Critical raw materials sold on the Union market are often certified regarding the sustainability of their production and supply chain. Certification can be obtained in the context of a broad range of public and private certification schemes available with varying scopes and stringency, creating the potential for confusion regarding the nature and veracity of claims made about the relative sustainability of critical raw materials placed on the Union market based on such certification. The Commission should be empowered to adopt implementing acts recognising certification schemes that should be considered comprehensive and trustworthy, providing a common basis for authorities and market participants for assessing the sustainability of critical raw materials. Recognition should be given only to certification schemes that cover a broad range of sustainability aspects, including environmental protection, human rights including labour rights and business transparency, and which contain provisions for independent third party verification and monitoring of compliance. To ensure efficient procedures, promoters of projects applying to be recognised as Strategic Projects should be allowed to rely on participation in a recognised scheme to show that their project is implemented sustainably related to air, soil, water and biodiversity, human rights including labour rights and governance considerations including business transparency and participation of local communities in the decision making process, which guarantee the highest levels of requirements compared to the global state-of-the-art, and which contain provisions for independent third party verification and monitoring of compliance. The recognised schemes should be reviewed by the Commission periodically in order to ensure that those recognised schemes keep reflecting the highest standards compared to the state-of-the- art.
Amendment 141 #
Proposal for a regulation
Article 2 – paragraph 1 – point 62
Article 2 – paragraph 1 – point 62
(62) ‘Strategic Partnership’ means a commitment between the Union and a third country to increase cooperation related to the raw materials value chain that is established through a non-binding instrument setting out concrete actions of mutual interes, setting out concrete measures of mutual interest in areas such as environmental and human rights protection, technology and knowledge transfer, research and development, value distribution, working conditions and national socio-economic development.
Amendment 147 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The general objective of this Regulation is to improve the functioning of the internal market by establishing a framework to ensurimprove the Union'’s access to a secure and sustainablresilience vis-à-vis the supply of critical raw materials, by prioritising sustainability, efficiency, sufficiency and circularity.
Amendment 148 #
Proposal for a regulation
Article 1 – paragraph 2 – point -a (new)
Article 1 – paragraph 2 – point -a (new)
(-a) mitigate the Union’s increase in consumption of critical raw materials by 70% by 2030, compared to the high consumption scenario referred to in paragraph 4a;
Amendment 151 #
Proposal for a regulation
Article 1 – paragraph 2 – point a – point i
Article 1 – paragraph 2 – point a – point i
(i) Union extraction and recycling capacity is able to extract the ores, minerals or concentrates needed to produce at least 10% ofnsure a level of self- sufficiency of at least 10% in relation to the Union's annual consumption of strategic raw materials, to the extent that the Union’s reserves allow for this;
Amendment 158 #
Proposal for a regulation
Article 1 – paragraph 2 – point a – point iii
Article 1 – paragraph 2 – point a – point iii
(iii) Union recycling capacity, including for all intermediate recycling steps, is able to producecollect, sort and process at least 1570% of the Union's annual consumption of strategic raw materials present in waste.
Amendment 164 #
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.respecting international standards and conventions and the highest environmental and human rights standards in that country and by adding local value, notably through inclusive business models in which local communities participate in decision-making, their rights are protected and they benefit from extractive activities;
Amendment 170 #
Proposal for a regulation
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
(d) ensure the free movement of critical raw materials and products containing critical raw materials placed on the Union market while ensuring athe highest level of environmental protection, by improving their durability, reparability, circularity and sustainability.
Amendment 179 #
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
4. The Commission shall take into account the objectives and benchmarks laid down in paragraph 2, point a(iii), as related Union priorities within the meaning of Article 5(4)(a)(i) of Regulation XX/XXXX [OP please insert: the Ecodesign for Sustainable Products Regulation], when preparing ecodesign requirements to improve the following product aspects: durability, reusability, reparability, resource use or resource efficiency, possibility of remanufacturing and recycling, recycled content and possibility of recovery of materials.
Amendment 181 #
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4a. The Commission shall, by means of a delegated act adopted by [3 months after the entry into force of this Regulation] in accordance with Article 36, provide a high consumption scenario based on rapid and material-intensive technology deployment, detailing the projected annual demand for critical raw materials until 2050 with intermediary milestones, based on a bottom-up cost optimisation input-output modelling exercise, disaggregated at the level of each Member State or below, and covering all economic sectors. This shall include the critical raw materials incorporated in intermediate or final products placed on the Union market, and be in line with the Union’s energy and climate objectives and with the ambitions enshrined into the Net-Zero Industry Act. To support the achievement of the objective in point 2 (-a), the Commission shall also provide other scenarios based on different assumptions in terms of technological developments, individual and collective behavioural changes, and policy options at Union and national level including but not limited to, extending the lifespan, reuse and reparability of products, improving energy savings and material efficiency, and changing mobility patterns.
Amendment 194 #
Proposal for a regulation
Article 2 – paragraph 1 – point 31
Article 2 – paragraph 1 – point 31
(31) ‘strategic technologies’ means the technologies needed for the green and digital transitions as well as for defence and spacehealth applications;
Amendment 195 #
Proposal for a regulation
Article 2 – paragraph 1 – point 31 a (new)
Article 2 – paragraph 1 – point 31 a (new)
(31a) ‘vital amount of strategic raw materials’ means the amount of strategic raw materials consumed in the Union playing an indispensable role in maintaining vital societal functions or economic activities;
Amendment 202 #
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 materialssupply the vital amount of strategic raw materials needed for the Union’s resilience;
Amendment 208 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) the project would be implemented sustainablyfall under the highest environmental footprint performance classes referred to in Article 30, where available, and be implemented sustainably in the meaning of the social and environmental risk categories identified in Annex III point 4a, in particular as regards the monitoring, prevention and minimisation of environmental and climate impacts, the use of socially responsible practices including respect of human and labour rights, quality jobs potential and meaningful engagement with local communities and relevant social partners, and the use of transparent business practices with adequate compliance policies to prevent and minimise risks of adverse impacts on the proper functioning of public administration, including corruption and bribery;the public concerned, including local communities, by guaranteeing early and effective opportunities to participate in decision- making, respect the principle of Free, Prior and Informed Consent and of the Right To Say No, meaningful engagement with 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; the project promoter would not have been previously found guilty of bribery or corruption; the project would be eligible for EIB funding; it would not be located in special protection areas designated under Directive 2009/147/EC, special areas of conservation, sites of Community importance, and proposed Sites of Community Importance designated under Directive 92/43/EEC, areas for restoration measures referred to in [COM/2022/304 final Nature Restoration Law], protected areas referred to in Directive 2000/60/EC, fish stock recovery areas referred to in Regulation (EU) 1380/2013, in protected areas referred to in Directive 2008/56/EC, and in deep seas.
Amendment 229 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 a (new)
Article 5 – paragraph 2 – subparagraph 1 a (new)
When verifying the project's fulfilment of the criterion referred to in Article 5(1), point (c), the Commission shall draw on a range of sources, including information generated by audits and certifications, where available, reports from and interviews with local communities, unions and worker-led organizations, and consultations with non-governmental organizations.
Amendment 230 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2 a (new)
Article 5 – paragraph 2 – subparagraph 2 a (new)
Amendment 235 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) a plan containing: (i) measures to facilitate public acceptanceensure that the public concerned is informed about the project and its impacts, including, where appropriate, through the establishment of recurrent communication channels with the local communities and organisations, including social partners, and the implementation of awareness-raising and information campaigns and the establishment of mitigation and compensation mechanisms; (ii) measures to ensure that the public concerned, including local communities, is given early and effective opportunities to participate in decision-making on the project, and is entitled to express comments and opinions when all options are open and to ensure that the results of public consultation are duly taken into account, with full respect the principle of Free Prior and Informed Consent (FPIC) and the Right To Say No; (iii) mitigation and compensation mechanisms, ensuring that involuntary resettlement is used exclusively as a last resort option; in case resettlement is foreseen by the project, the plan shall also describe the modalities for the identification of legitimate tenure rights- holders, their involvement into the valuation process, and the process for the fair and timely compensation of the loss of their lands and assets; (iv) measures and financial mechanisms to return the site to its prior environmental state after the end of exploitation;
Amendment 251 #
Proposal for a regulation
Article 6 – paragraph 7 a (new)
Article 6 – paragraph 7 a (new)
7a. Among all the applications, the Commission shall prioritise the processing of those related to projects involving recycling. Among the applications for projects involving extraction, the Commission shall prioritise the processing of applications for projects related to extraction of raw materials from extractive waste.
Amendment 252 #
Proposal for a regulation
Article 6 – paragraph 7 b (new)
Article 6 – paragraph 7 b (new)
7b. The Commission shall establish and keep up-to-date a register of Strategic Projects. The register shall be made publicly available on a free access website. The website shall also allow to collect feedback from all relevant stakeholders, including local communities, unions and worker-led organizations, and non-governmental organizations, on the project implementation and fulfilment of the criteria referred to in Article 5(1). The Commission shall take such feedback in due account.
Amendment 253 #
Proposal for a regulation
Article 6 – paragraph 8
Article 6 – paragraph 8
8. Where tThe Commission finds that ashall periodically assess whether Strategic Project no longers still fulfils the criteria set out in Article 5(1). Where the Commission finds that a Strategic Project no longer fulfils one or more of those criteria or where its recognition was based on an application containing incorrect information, it may, taking into account the opinion of the Board and the responsible project promoter, repeal the decision granting a project the status of Strategic Project.
Amendment 258 #
Amendment 275 #
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 2 – point c
Article 19 – paragraph 3 – subparagraph 2 – point c
(c) factors that might affect supply, including but not limited to the geopolitical situation, logistics, energy supply, workforce or natural disasters, as well as the risk of human rights violations and lack of compliance with international sustainability standards and, when applicable, Union legislation;
Amendment 291 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 301 #
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, no later than 30 days after the notification of the recognition as Strategic Project, 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 333 #
Proposal for a regulation
Article 30 – paragraph 4 – point b
Article 30 – paragraph 4 – point b
Amendment 337 #
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 and not shorter than 60 days in the case of Strategic Projects not involving extraction.
Amendment 338 #
Proposal for a regulation
Article 33 – paragraph -1 (new)
Article 33 – paragraph -1 (new)
Amendment 343 #
Proposal for a regulation
Article 33 – paragraph 1 – point a – introductory part
Article 33 – paragraph 1 – point a – introductory part
(a) tThe extent to which Strategic Partnerships concluded by the Union contribute towards: the objectives laid down in paragraph 1
Amendment 344 #
Proposal for a regulation
Article 33 – paragraph 1 – point a – point i
Article 33 – paragraph 1 – point a – point i
Amendment 346 #
Proposal for a regulation
Article 33 – paragraph 1 – point a – point ii
Article 33 – paragraph 1 – point a – point ii
Amendment 347 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that national, regional and local authorities responsible for preparing plans, including zoning, spatial plans and land use plans, include in such plans, where appropriate, provisions for the development of critical raw materials projects. Priority shall be given to artificial and built surfaces, industrial sites, brownfield sites, and, where appropriate, greenfield sites not usable for agriculture and forestry and brownfield sites.
Amendment 348 #
Proposal for a regulation
Article 33 – paragraph 1 – point a – point iii
Article 33 – paragraph 1 – point a – point iii
Amendment 351 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Priority shall be given to projects with low environmental footprint. Special protection areas designated under Directive 2009/147/EC, special areas of conservation, sites of Community importance, and proposed Sites of Community Importance designated under Directive 92/43/EEC, areas for restoration measures referred to in [COM/2022/304 final Nature Restoration Law], protected areas referred to in Directive 2000/60/EC, fish stock recovery areas referred to in Regulation (EU) 1380/2013, protected areas referred to in Directive 2008/56/EC, and deep seas shall be excluded from the plans. 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 potential. 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 combined assessment.
Amendment 362 #
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 365 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. All decisions adopted pursuant to this SecRegulation shall be made publicly available.
Amendment 366 #
Proposal for a regulation
Article 33 – paragraph 1 – point c – point ii
Article 33 – paragraph 1 – point c – point ii
(ii) whether a third country's regulatory framework ensures the monitoring, prevention and minimisation of expresses interest in ensuring that its regulatory framework or its effective implementation ensures the monitoring, prevention, minimisation and compensation of adverse social and environmental impacts of mining, the use of socially responsible practices including respect of human and labour rights and meaningful engagement with local communitiesand active participation in strategic projects decision-making by of affected local communities, in particular indigenous people, the use of transparent and responsible business practices, in line with the UN Principles on Business and Human Rights, the OECD Guidelines for Multinational Enterprises and Due Diligence Guidelines for Responsible Supply Chains of Minerals from conflict- affected and high-risk areas the Convention on Biodiversity and the Kunming-Montreal Global Biodiversity Framework, and the prevention of adverse impacts on the proper functioning of public administration and the rule of law;
Amendment 367 #
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
Amendment 370 #
Proposal for a regulation
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
(b) assistance to project promoters to further increase the public acceptance ofprovide early and effective opportunities for the public concerned to participate in decision-making in relation to the project.
Amendment 374 #
Proposal for a regulation
Article 33 – paragraph 1 – point c – point iii
Article 33 – paragraph 1 – point c – point iii
(iii) whether there are existing cooperation agreements between a third country and the Union and, for emerging markets and developing economies, whether the potential for the deployment of Global Gateway investment projects respond to shared visions (e.g. Country Mining Visions of Africa Mining Visions) and are fully aligned with national development plans (e.g. industrial and trade policies); respect human rights and contribute to the decoupling of natural resource use.
Amendment 376 #
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 civil society participation processes are in place in the partner country to enable participation of the public in the implementation of the partnership;
Amendment 378 #
Proposal for a regulation
Article 33 – paragraph 1 – point c – point iv a (new)
Article 33 – paragraph 1 – point c – point iv a (new)
(iva) for emerging markets and developing economies, whether partnerships contribute to the formalisation of the mining sector, especially the artisanal and small-scale mining sector, notably though developing conducive and comprehensive legal frameworks, ensuring access to capital, providing access to geological data and appropriate equipment for small-scale miners;
Amendment 383 #
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. The Board shall, in the context of paragraph 1 and 2 and in so far as relates to emerging market and developing economies, ensure cooperation and policy coherence for sustainable development, as enshrined in the UN 2030 Agenda, with other relevant coordination fora, including those established as part of the Global Gateway strategy. and the Union´s common commercial policy, including its investment components, and its Trade and Sustainable Development approach;
Amendment 391 #
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. They shall include extractive waste deposits.
Amendment 392 #
Proposal for a regulation
Article 18 – paragraph 2 b (new)
Article 18 – paragraph 2 b (new)
Amendment 420 #
National measures on consumption, mitigation and circularity
Amendment 424 #
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 and national 2030 targets designed to:
Amendment 428 #
Proposal for a regulation
Article 25 – paragraph 1 – point -a (new)
Article 25 – paragraph 1 – point -a (new)
(-a) significantly mitigate the annual consumption of critical raw materials compared to the high consumption scenario referred to in Article 1 (4a);
Amendment 432 #
Proposal for a regulation
Article 25 – paragraph 1 – point a
Article 25 – paragraph 1 – point a
(a) increase the collection of waste with highand sorting of waste containing a relevant amount of critical raw materials recovery potential and ensure their introduction into the appropriate recycling system, with a view to maximisingand reuse systems in line with Art. 4 of Directive 2018/851/EU, with a view to maximising the lifespan of products and the availability and quality of recyclable material as an input to critical raw material recycling facilities;
Amendment 445 #
Proposal for a regulation
Article 25 – paragraph 1 – point b
Article 25 – paragraph 1 – point b
(b) increase the waste prevention, repair, preparation for re-use and re-use of products and components with highcontaining a relevant amount of critical raw materials recovery potential;
Amendment 466 #
Proposal for a regulation
Article 25 – paragraph 1 – point e a (new)
Article 25 – paragraph 1 – point e a (new)
(ea) require the uptake of quality standards for recycling processes of complex waste streams like electronics waste, to ensure optimal material recovery.
Amendment 478 #
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 1
Article 25 – paragraph 2 – subparagraph 1
The programmmeasures referred to in points (a) to (c) of paragraph 1 shall cover in particular products and waste which are not subject to any specific requirement on collection, treatment, recycling or re-use under Union legislation. For other products and waste, the measures shall be implemented in coherence with existing Union legislation.
Amendment 480 #
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 1 a (new)
Article 25 – paragraph 2 – subparagraph 1 a (new)
Member States shall adopt strategies to mitigate consumption of strategic raw materials in their sustainable urban mobility plans in accordance with article 4 and article 40 of Regulation XX/XXXX [OP please insert: the Trans European Transport Network Revision].
Amendment 481 #
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 2
Article 25 – paragraph 2 – subparagraph 2
With respect to points (a) and (b) of paragraph 1, the programmes referred to in that paragraph may include, without prejudice to Articles 107 and 108 of the TFEU, the introduction of financial incentives, such aseconomic instruments, such as those referred to in annex IVa of Directive 2018/851/EU, including discounts, monetary rewards or deposit-refund systems, to encourage the re-use of products with higha relevant amount of critical raw materials recovery potential and the collection of waste from such products, as well as other measures listed in Annex IVa of Directive 2008/98/EC on waste.
Amendment 486 #
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 503 #
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 recovery potentialrelevant amount of raw materials within the meaning of paragraph 1 (a) and (b).
Amendment 504 #
Proposal for a regulation
Article 25 – paragraph 7 – subparagraph 2 – point a
Article 25 – paragraph 7 – subparagraph 2 – point a
(a) the total amount and proportion of critical raw materials recoverable from those products, components and waste streams:
Amendment 528 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The study referred to in paragraph 1 shall at least include an estimation of the quantities and concentrations of critical raw materials contained in the extractive waste and in the extracted volume and an assessment of their present and future technical and economic recoverability.
Amendment 535 #
Proposal for a regulation
Article 26 – paragraph 4 – introductory part
Article 26 – paragraph 4 – introductory part
4. Member States shall establish a database of all closed waste facilities, including closed and abandoned waste facilities, located on their territory. This database shall contain information on:
Amendment 540 #
Proposal for a regulation
Article 26 – paragraph 6 – point a
Article 26 – paragraph 6 – point a
(a) for all closed waste facilities, Member States shall comprehensively review the available permitting files by [OP please insert: 1 year after the date of entry into force of this Regulation];
Amendment 545 #
Proposal for a regulation
Article 26 – paragraph 6 – point c
Article 26 – paragraph 6 – point c
(c) for such waste facilities where the activities described under points (a) and (b) of this paragraph have indicated potentially economically recoverable quantities of critical raw materials, Member States shall additionally carry out, by [OP please insert: 3 years after the date of entry into force of this Regulation], a more detailed analysis involving core logging or equivalent techniques, where this is environmentally sound in accordance with applicable environmental requirements at Union level and with the requirements of Directive 2006/21/EC where relevant.
Amendment 562 #
Proposal for a regulation
Article 27 – paragraph 10
Article 27 – paragraph 10
10. Products primariexclusively designed for defence or space applications shall be exempted from the requirements ofmaking publicly available the information required by this Article.
Amendment 567 #
Proposal for a regulation
Article 27 – paragraph 12 a (new)
Article 27 – paragraph 12 a (new)
12a. The Commission is empowered to adopt delegated acts in accordance with Article 36, where appropriate and on the basis of regularly performed feasibility and cost-benefit evaluations, to expand the provisions of this Article to more product components containing critical raw materials.
Amendment 578 #
Proposal for a regulation
Article 28 – paragraph 3 – subparagraph 1
Article 28 – paragraph 3 – subparagraph 1
Amendment 583 #
Proposal for a regulation
Article 28 – paragraph 5 – subparagraph 2
Article 28 – paragraph 5 – subparagraph 2
Natural and legal persons placing on the market products referred to in paragraph 1 shall not provide or display labels, marks, symbols or inscriptions that are likely to mislead or confuse customers with respect to the information referred to in paragraph 1. Products primarily designed for defence or space applications shall be exempted from the requirements of this Article.
Amendment 587 #
Proposal for a regulation
Article 28 – paragraph 6 a (new)
Article 28 – paragraph 6 a (new)
6a. The Commission is empowered to adopt delegated acts in accordance with Article 36, where appropriate and on the basis of regularly performed feasibility and cost-benefit evaluations, to expand the provisions of this Article to more product components containing critical raw materials.
Amendment 592 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
Governments or multi-stakeholder organisations that have developed and oversee certification schemes related to the sustainability of critical raw materials ("scheme owners") may apply to have their schemes recognised by the Commission.
Amendment 613 #
Proposal for a regulation
Article 29 – paragraph 6
Article 29 – paragraph 6
6. Where the Commission identifies deficiencies in a recognised scheme affecting the basis for the recognition, it may grant the scheme owner an appropriate period of timeree months to the scheme owner to take remedial action.
Amendment 616 #
Proposal for a regulation
Article 29 – paragraph 8
Article 29 – paragraph 8
8. The Commission shall establish and keep up-to-date a register of recognised schemes. That register shall be made publicly available on a free access website. This website shall also allow to collect feedback from all relevant stakeholders, including local communities, unions and worker-led organizations, and non-governmental organizations, concerning the implementation of recognised schemes and their fulfillment of the criteria referred to in Annex IV.
Amendment 620 #
Proposal for a regulation
Article 29 – paragraph 8 a (new)
Article 29 – paragraph 8 a (new)
8a. Scheme owners and companies adhering to a recognised scheme shall not be exempteded from any obligations under this Regulation, nor obligations arising from any national, Union or international law.
Amendment 632 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The Commission is empowered toBy December 2025, the Commission shall adopt delegated acts in accordance with Article 36 to supplement this Regulation by establishing rules for the calculation and verification of the environmental footprint of differentall critical raw materials, in accordance with Annex V and taking into account scientifically sound assessment methods and relevant international standards. The calculation and verification rules shall identify which is the most important impact category. The footprint declaration shall be limited to that impact category. ies for different critical raw materials, including but not limited to, carbon footprint, impact on pollution, biodiversity, water consumption and waste disposal, and climate.
Amendment 635 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. The Commission mayshall adopt calculation and verification rules for a specific critical raw material ifonce it has concluded, having considered the various relevant environmental impact categories, that the critical raw material in question has a significant environmental footprint and that therefore an obligation to declare the environmental footprint of that material regarding the most important impact category, when placing it on the market, is necessary and proportionate to contribute to the Union’s climate and environmental objectives by. The Commission and Member States shall facilitatinge the supply of critical raw materials with the lowerst environmental footprint by prioritising these in the context of the provisions in section 3 and article 12 of this Regulation.
Amendment 652 #
Proposal for a regulation
Article 30 – paragraph 4 – point a – point i
Article 30 – paragraph 4 – point a – point i
(i) all relevant stakeholders, such as industry including downstream industry, SMEs and, where relevant, the craft industry, social partners, traders, retailers, importers, environmental protection groups and consumer organisations;
Amendment 657 #
Proposal for a regulation
Article 30 – paragraph 4 – point b
Article 30 – paragraph 4 – point b
(b) ensure that any such measure is not prepared, adopted or applied with a view to or with the effect of creating unnecessary obstacles to international trade and is no more trade-restrictive than necessary to achieve the Union’s climate and environmental objectives, having regard to the ability of third-country suppliers to comply with such a declaration such that aggregate trade flows and critical raw materials costs are not disproportionately affected;
Amendment 661 #
Proposal for a regulation
Article 30 – paragraph 4 – point c
Article 30 – paragraph 4 – point c
Amendment 671 #
Proposal for a regulation
Article 30 – paragraph 7
Article 30 – paragraph 7
7. The Commission mayshall adopt delegated acts in accordance with Article 36 to supplement this Regulation by establishing environmental footprint performance classes for critical raw materials for which calculation and verification rules have been adopted pursuant to paragraph 1, in accordance with Annex V.
Amendment 674 #
Proposal for a regulation
Article 30 – paragraph 9 – subparagraph 2 a (new)
Article 30 – paragraph 9 – subparagraph 2 a (new)
By 31 December 2030, the Commission shall submit a report to the European Parliament and Council analysing options to limit the access to the European market only to raw materials belonging to the best performing environmental footprint performing classes referred to in paragraph 7. The Commission shall, where appropriate, accompany such report with legislative proposals.
Amendment 675 #
Proposal for a regulation
Article 30 – paragraph 9 – subparagraph 2 b (new)
Article 30 – paragraph 9 – subparagraph 2 b (new)
The Commission is empowered to adopt delegated acts in accordance with Article 36 to supplement the criteria for recognition of Strategic Projects referred to in Article 5 and require that the critical raw materials covered by the projects fall under the best performing environmental footprint performing classes referred to in paragraph 7.
Amendment 697 #
Proposal for a regulation
Article 35 – paragraph 6 – subparagraph 2 – point b a (new)
Article 35 – paragraph 6 – subparagraph 2 – point b a (new)
(ba) a subgroup to discuss the implementation of the provisions pursuant to Article 10 and Article 11, including to share best practices concerning public participation and stakeholders involvement; representatives of civil society organisations shall be invited as observers;
Amendment 698 #
Proposal for a regulation
Article 35 – paragraph 6 – subparagraph 2 – point c
Article 35 – paragraph 6 – subparagraph 2 – point c
(c) a subgroup bringing together national supply and information agencies covering critical raw materials or, in the absence of such agency, the relevant national authority in charge of that matter, with the purpose of contributing to the monitoring tasks as set out in Article 19, including concerning the level of vital amount of strategic raw materials;
Amendment 706 #
Proposal for a regulation
Article 35 – paragraph 7 – subparagraph 2
Article 35 – paragraph 7 – subparagraph 2
Where appropriate, the Board mayshall invite experts, other third parties or representatives of third countrirepresentatives from industry, civil society, academia, trade unions and other representatives with expertise and reasonable interest to attend meetings of the standing or temporary sub- groups referred to in paragraph 6 as observers or to provide written contributions before decisions are taken.
Amendment 712 #
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
1. IWithout prejudice to the rules and obligations on access to environmental information established by Directive 2003/4/EC and by the UNECE Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, information acquired in the course of implementing this Regulation shall be used only for the purposes of this Regulation and shall be protected by the relevant Union and national legislation.
Amendment 714 #
Proposal for a regulation
Article 44 a (new)
Article 44 a (new)
Amendment 724 #
Proposal for a regulation
Annex III – point 4 – introductory part
Annex III – point 4 – introductory part
4. Whether a project fulfils the criterion referred to in Article 5(1), point (c), shall be assessed taking into account a project’s compliance with the following Union legislation or international instruments and on the basis of the risk categories listed in paragraph 4a:
Amendment 736 #
Proposal for a regulation
Annex III – point 4 – point i a (new)
Annex III – point 4 – point i a (new)
(ia) International Bill of Human Rights, including the international covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights;
Amendment 739 #
Proposal for a regulation
Annex III – point 4 – point i b (new)
Annex III – point 4 – point i b (new)
(ib) The principle of Free, Prior and Informed Consent (FPIC) as established in the United Nations Declaration on the Rights of Indigenous Peoples, adopted by the UN General Assembly in 2007;
Amendment 742 #
Proposal for a regulation
Annex III – point 4 – point i c (new)
Annex III – point 4 – point i c (new)
(ic) ILO Declaration on Fundamental Principles and Rights at Work;
Amendment 744 #
Proposal for a regulation
Annex III – point 4 – point i d (new)
Annex III – point 4 – point i d (new)
(id) Eight fundamental ILO Conventions as defined under the ILO Declaration on Fundamental Principles and Rights at work;
Amendment 746 #
Proposal for a regulation
Annex III – point 4 – point i e (new)
Annex III – point 4 – point i e (new)
(ie) Ten Principles of the United Nations Global Compact;
Amendment 747 #
Proposal for a regulation
Annex III – point 4 – point i f (new)
Annex III – point 4 – point i f (new)
(if) UNEP Guidelines for Social Life Cycle Assessment of Products;
Amendment 748 #
Proposal for a regulation
Annex III – point 4 – point i g (new)
Annex III – point 4 – point i g (new)
(ig) Convention on Biological Diversity, in particular Decision COP VIII/28- Voluntary guidelines on Biodiversity-Inclusive impact assessment;
Amendment 749 #
Proposal for a regulation
Annex III – point 4 – point i h (new)
Annex III – point 4 – point i h (new)
(ih) UN Paris Agreement;
Amendment 750 #
Proposal for a regulation
Annex III – point 4 – point i i (new)
Annex III – point 4 – point i i (new)
(ii) ILO Convention 169 related to Indigenous and Tribal Peoples;
Amendment 751 #
Proposal for a regulation
Annex III – point 4 – point i j (new)
Annex III – point 4 – point i j (new)
(ij) EIB eligibility, excluded activities and excluded sectors list.
Amendment 752 #
Proposal for a regulation
Annex III – point 4 – point i k (new)
Annex III – point 4 – point i k (new)
(ik) OECD Anti-Bribery Convention and Anti-Corruption Guidelines;
Amendment 755 #
Proposal for a regulation
Annex III – point 4 – paragraph 1 – introductory part
Annex III – point 4 – paragraph 1 – introductory part
Project promoters may also attestsupplement proof of compliance with the criterion referred to in Article 5(1), point (c) by:
Amendment 756 #
Proposal for a regulation
Annex III – point 4 – paragraph 1 – point a
Annex III – point 4 – paragraph 1 – point a
(a) providing evidence that the project concerned is individually certified, at the level of the site, as part of a recognised scheme referred to in Article 29; or
Amendment 757 #
Proposal for a regulation
Annex III – point 4 – paragraph 1 – point b
Annex III – point 4 – paragraph 1 – point b
Amendment 758 #
Proposal for a regulation
Annex III – point 4 – paragraph 1 a (new)
Annex III – point 4 – paragraph 1 a (new)
Whether a project provides early and effective opportunities to the public concerned to participate in decision- making as referred to in Article 5(1), point (c), shall be assessed considering whether: (a) the public is informed, whether by public notices or other appropriate means such as electronic media where available, about the project and that relevant information about such project is made available to the public including inter alia information about the right to participate in decision-making and about the competent authority to which comments or questions may be submitted; (b) the public is entitled to express comments and opinions when all options are open before decisions on the project are made; (c) in making those decisions, due account is taken taken of the results of the public participation; (d) having examined the comments and opinions expressed by the public, the competent authority makes reasonable efforts to inform the public about the decisions taken and the reasons and considerations upon which those decisions are based, including information about the public participation process.
Amendment 760 #
Proposal for a regulation
Annex III – point 4 a (new)
Annex III – point 4 a (new)
4a. Social and environmental risk categories: (a) environment, climate and human health considering direct, induced, indirect and cumulative effects, including but not limited to: (i) air, including but not limited to air pollution, including greenhouse gas emissions; (ii) water, including seabed and marine environment and including but not limited to water pollution, water use, water quantities (flooding or droughts) and access to water; (iii) soil, including but not limited to soil pollution, soil erosion, land use and land degradation; (iv) biodiversity, including but not limited to damage to habitats, wildlife, flora and ecosystems, including ecosystem services; (v) hazardous substances; (vi) noise and vibration; (vii) plant safety; (viii) energy use; (ix) waste and residues; (b) human rights, labour rights and industrial relations, including but not limited to: (i) occupational health and safety; (ii) child labour; (iii) forced labour; (iv) discrimination; (v) trade union freedoms; (c) community life, including that of indigenous peoples.
Amendment 762 #
Proposal for a regulation
Annex III – point 4 b (new)
Annex III – point 4 b (new)
4b. The assessment of whether a project provides monitoring, prevention and minimisation of environmental and climate impacts as referred to in Article 5(1), point (c), shall include, inter alia, consideration of whether the project promoter has made proper practical and financial arrangements for the return of the site to its prior environmental state after the end of exploitation;
Amendment 764 #
Proposal for a regulation
Annex IV – paragraph 1 – point a
Annex IV – paragraph 1 – point a
(a) it is open under transparent, fair and non-discriminatory terms to all economic operators willing and able to comply with the scheme’s requirements, as well as to all relevant stakeholders such as local communities, unions and worker-led organizations, and non-governmental organizations, and it has a multistakeholder governance;
Amendment 768 #
Proposal for a regulation
Annex IV – paragraph 1 – point b – point i
Annex IV – paragraph 1 – point b – point i
(i) requirements ensuring environmentally sustainable practices according to the global state-of-the art, including requirements ensuring environmental management and impact mitigation, and ensuring that the site returns to its prior environmental state after the end of exploitation;
Amendment 784 #
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, the rights of indigenous people and labour rights;
Amendment 788 #
Proposal for a regulation
Annex IV – paragraph 1 – point b – point iii
Annex IV – paragraph 1 – point b – point iii
(iii) requirements for ensuring business integrity and transparency including requirements to apply sound management of financial, environmental and social matters and anti-corruption and bribery policies in line with the OECD Guidelines listed in Annex III point 4;
Amendment 792 #
Proposal for a regulation
Annex IV – paragraph 1 – point b – point iii a (new)
Annex IV – paragraph 1 – point b – point iii a (new)
(iiia) requirements for ensuring good governance principles, including meaningful engagement with and active participation of the public concerned, including affected and local communities all along the stages of the project, tangible guarantees against social and environmental risks ensuring the liability of economic operators during and after the end of the operational phase of the project, and a fair compensation mechanism for the affected and local communities;
Amendment 799 #
Proposal for a regulation
Annex IV – paragraph 1 – point c
Annex IV – paragraph 1 – point c
(c) verification and monitoring of compliance is objective, based on international, Union or national standards, requirements and procedures and carried out by a third party independently from the relevant economic operator;
Amendment 815 #
Proposal for a regulation
Annex IV – paragraph 1 – point d a (new)
Annex IV – paragraph 1 – point d a (new)
(da) it includes on-site audits with face- to-face consultations with relevant stakeholders including local communities, civil society, workers and trade unions, as well as audit reports that are made publicly available, and a grievance mechanism in accordance with the UN Guiding Principles;
Amendment 821 #
Proposal for a regulation
Annex IV – paragraph 1 – point d b (new)
Annex IV – paragraph 1 – point d b (new)
(db) the full audit report and remediation plans are made public and include sufficient detail;
Amendment 823 #
Proposal for a regulation
Annex IV – paragraph 1 – point d c (new)
Annex IV – paragraph 1 – point d c (new)
(dc) the scheme takes adequate measures to ensure that audited companies address environmental and human rights harm identified during audits.
Amendment 831 #
Proposal for a regulation
Annex V – Part 5 – paragraph 1 – introductory part
Annex V – Part 5 – paragraph 1 – introductory part
The calculation rules shall specify the impact categoryies that needs to be included in the environmental footprint calculation. The choice shall be based on the hotspot analysis performed in line with scientifically sound methodologies developed at international level and taking into account the: