18 Amendments of Karsten LUCKE related to 2023/0079(COD)
Amendment 28 #
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 and to financial guarantee mechanisms in place. 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, in compliance with due diligence processes as defined by EU legislation and OECD Guidelines for Multinational Enterprises, addressing adverse impacts on human rights and environmental, rule of law and good governance. 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 as well as the principle of Policy Coherence for Development (PCD) as laid down in Article 208 TFEU. 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 and with the core labour standards of the International Labour Organisation. Where the Commission assesses these criteria to be fulfilled, it should publish the recognition as a Strategic Project in a decision.
Amendment 32 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) The definition of mutually beneficial partnerships with third countries requires an overall effort and a competitive model different from other global players. This model should not be based on the exploitation of resources, but should consider the export and processing of raw materials as part of comprehensive organic and long-term agreements. The European strategy should take into account that the extraction of these raw materials can have a considerable impact on the territories where it takes place, both from an environmental point of view and in terms of respect for human and labour rights, and therefore different modalities should be put in place in order to avoid and mitigate these impacts. In this sense it is essential to ensure greater involvement of local communities in the definition of impacts and their mitigation, as well as in governance and in the definition of a more beneficial value chain.
Amendment 34 #
Proposal for a regulation
Recital 10 b (new)
Recital 10 b (new)
(10b) The secure and sustainable supply of critical raw materials is strongly linked to the Sustainable Development Goals, in particular in order to ensure access to affordable, reliable, sustainable and modern energy, to promote inclusive and sustainable industrialization and foster innovation and to combat climate change and its impacts. For this reason it is fundamental to connect the European strategy to a global standards framework. In particular, the United Nations Framework Resource Classification (UNFC) and the United Nations Resource Management System (UNRMS) are important references for the identification of raw materials and for the definition of a framework for integrated resource management that can help both countries and companies to address sustainability challenges.
Amendment 37 #
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, good governance processes including full involvement of local communities and Civil Society Organisations,socially responsible practices, including respect for human and socialrights such as the rights of women, andchildren and workers, as well astransparent business practices. Projects should also ensure engagement in good faith as well as comprehensive and meaningful consultations with local communities, including with indigenous peoples, as laid out in the United Nations Declaration on the Rights ofIndigenous Peoples. To provide project promoters with a clear and efficient way of complying with this criterion, compliance with relevant Union legislation, international standards, guidelines and principles or participation in a certification scheme recognised under this Regulation should be considered sufficient. _________________ 31 European Commission, Directorate- General for Internal Market, Industry, Entrepreneurship and SMEs, EU principles for sustainable raw materials, Publications Office, 2021, https://data.europa.eu/doi/10.2873/27875
Amendment 53 #
Proposal for a regulation
Recital 28
Recital 28
(28) In order to overcome the limitations of the currently often fragmented public and private investments efforts, facilitate integration and return on investment, the Commission, Member States and promotional banks should better coordinate and create synergies between the existing funding programmes at Union and national level as well as ensure better coordination and collaboration with industry and key private sector stakeholders. To that end, a dedicated sub-group of the Board bringing together experts from the Member States and the Commission as well as relevant public financial institutions should be set up. This sub-group should discuss the individual financing needs of Strategic Projects and their existing funding possibilities in order to provide project promoters with a suggestion on how to best access existing financing possibilities. When discussing and making recommendations for the financing of Strategic Projects in third countries, the Board should in particular take into account the Global Gateway strategy42, that is a key reference for financing and securing investments and loans to support the creation of strategic partnerships aimed at improving supply of strategic raw materials within the framework of comprehensive partnerships. _________________ 42 Joint Communication to the European Parliament, the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank The Global Gateway (JOIN/2021/30 final).
Amendment 56 #
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) Global Gateway strategy intervention on strategic partnerships should comply with objectives, general principles and policy framework of NDICI - Global Europe regulation and in particular with the objectives of the European Fund for Sustainable Development Plus (EFSD+) to foster sustainable and inclusive economic, environmental and social development, transition into sustainable value-added economy and a stable investment environment. This concerns internationally agreed guidelines, principles and conventions on investment, including the UN Principles for Responsible Investment, the UN Guiding Principles on Business and Human Rights, the OECD Guidelines for Multinational Enterprises, ILO conventions, international human rights law and the development effectiveness principles.
Amendment 57 #
Proposal for a regulation
Recital 28 b (new)
Recital 28 b (new)
(28b) Funding and guarantees of investments and loans aimed at supporting the creation of strategic partnerships fall under the democratic control and scrutiny process of the European Parliament, which receives timely advance and ex post information about the guidelines and progresses of strategic partnerships and assesses their consistency with the overall objectives.
Amendment 59 #
Proposal for a regulation
Recital 37
Recital 37
(37) So as to ensure further coordination, the Commission should ensure necessary consultation ahead of Member States’ participation in international fora where such strategic stocks may be discussed, ensuring consistency with a single European strategy, notably via the dedicated standing sub-group of the Board. Similarly, in order to increase complementarity between the present proposal and other horizontal or subject- specific instruments, the Commission should ensure that the gathered and aggregated information are passed to vigilance or crisis governance mechanisms, such as the proposed Single Market Emergency Instrument's advisory group, the proposed Chips Act's European Semiconductor Board, the HERA Board or the Health Crisis Board.
Amendment 67 #
Proposal for a regulation
Recital 54
Recital 54
(54) The Union has concluded Strategic Partnerships covering raw materials with third countries in order to implement the 2020 Action Plan on Critical Raw Materials. In order to diversify supply, these efforts should continue. To develop and ensure a coherent framework for the conclusion of future partnerships, the Member States and the Commission should, as part of their interaction on the Board and with full involvement of 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, reflecting a model of sustainable development that respects environmental standards, human and labour rights, the strife for diversification in developing countries and foresee a key role for local communities in coherence with its Global Gateway strategy, which contribute to the diversification of its raw materials supply chain as well as add value in the production in these countries.
Amendment 96 #
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 and reflecting a model of sustainable development that respects enviromental standards, human and labour rights and foresee a key role for local communities.
Amendment 127 #
Proposal for a regulation
Article 33 – paragraph 1 – introductory part
Article 33 – paragraph 1 – introductory part
1. The Board shall periodically discuss and [within 1 year after entry into force of this Regulation] and from then on, each year present a report on:
Amendment 131 #
Proposal for a regulation
Article 33 – paragraph 1 – point a – point iii a (new)
Article 33 – paragraph 1 – point a – point iii a (new)
(iiia) establishing mutually beneficial relationships to foster sustainable and inclusive economic, environmental and social development, the transition to a sustainable value-added economy and a stable investment environment;
Amendment 135 #
Proposal for a regulation
Article 33 – paragraph 1 – point b
Article 33 – paragraph 1 – point b
(b) the coherence and potential synergies between Member States’ bilateral cooperation with relevant third countries and the actions carried out by the Union in the context of Strategic Partnerships;
Amendment 145 #
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 environmental impacts, the use of socially responsible practices including, the due respect of human and labour rights and, meaningful engagement with local communities and their role in the governance, the use of transparent and responsible business practices, in compliance with due diligence processes as defined by EU legislation and the OECD Guidelines for Multinational Enterprises and the prevention of adverse impacts on the proper functioning of public administration, good governance practices and the rule of law;
Amendment 152 #
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, the potential for the deployment of Global Gateway investment projects and the existing use of EU funding and financial tools, in line with Union policies and the Sustainable Development Goals.
Amendment 155 #
Proposal for a regulation
Article 33 – paragraph 1 – point c – point iv
Article 33 – paragraph 1 – point c – point iv
(iv) for emerging markets and developing economies, whether and how a partnership could contribute to local value additionsocial and environmental progress and to in-country value creation as well as local value addition, including downstream and processing activities, and would be mutually beneficial for the partner country and the Union.
Amendment 164 #
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. The Board shall, in the context of paragraph 1 and in so far as relates to emerging market and developing economies, ensure cooperation and coherence with other relevant coordination fora, including those established as part of the Global Gateway strategy.
Amendment 165 #
Proposal for a regulation
Article 33 – paragraph 2 a (new)
Article 33 – paragraph 2 a (new)
2a. The European Parliament shall receive timely advance and ex post information about the guidelines and progress on strategic partnerships, assesses their consistency with the overall objectives, general principles and policy framework of EU legislation and policies and scrutinise funding and financial instruments aimed at supporting the creation of strategic partnerships.