Activities of Anna FOTYGA related to 2023/0079(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulations (EU) 168/2013, (EU) 2018/858, 2018/1724 and (EU) 2019/1020
Amendments (28)
Amendment 42 #
Proposal for a regulation
Recital -1 (new)
Recital -1 (new)
(-1) Strategy of ensuring a secure and sustainable supply of critical raw materials should be coherent with other EU's policies and strategies, in particular the EU's Strategic Compass on Security and Defence as well as those aimed at containment of Russia, future Ukraine's EU Membership, as well as focus on the Arctic, cooperation in the Indo-Pacific, Central Asia, Africa, European Maritime Security Strategy, Global Gateway and others.
Amendment 45 #
Proposal for a regulation
Recital 1
Recital 1
(1) AUnhindered access to raw materials is essential for the Union's security and defence, 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 space applications, demand will increase exponentially in the coming decades. 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 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 to safeguard the Union's economic resilience and open strategic autonomysufficiency in order to prevent Europe and our allies from being coerced.
Amendment 50 #
Proposal for a regulation
Recital 2
Recital 2
(2) Given the complexity and the transnational character of critical raw material value chains, security challenges facing many raw material suppliers as well as threats to transport, including to freedom of navigation, uncoordinated national measures to ensure a secure and sustainable supply of critical raw materials have a high potential of distorting competition and fragmenting the internal market. Therefore, to safeguard the functioning of the internal market, a common Union framework should be created to collectively address this central challenge.
Amendment 52 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) A new framework for ensuring a secure and sustainable supply of critical raw materials should take into account geopolitical developments and focus on like-minded partners as main suppliers and limiting or completely reducing dependency on actors that are recognised by the Union as adversaries, systemic rivals or as those who do not share the same vision of the rules based international order.
Amendment 54 #
Proposal for a regulation
Recital 2 b (new)
Recital 2 b (new)
(2b) The Union should especially take into account the emerging threats posed by the Russian Federation by its full scale, unjustified aggression on Ukraine and attempts to destroy the rules-based international order, rivalry with China, threats posed by Iran as well as challenges to freedom of navigation and other factors that threaten our security, prosperity and future peaceful developlement.
Amendment 56 #
Proposal for a regulation
Recital 3
Recital 3
(3) Firstly, in order to effectively ensure the Union's access to a secure, unhindered and sustainable supply of critical raw materials, that framework should include measures to decrease the Union's vulnerability to growing supply risks by strengthening Union capacities along all stages of the strategic raw materials value chain, including extraction, processing and, recycling and transport infrastructure, towards benchmarks defined for each strategic raw material and as a matter of priority, must reduce its dependence particularly on third countries such as Russia which are a direct threat to our security, or are recognised by the Union as systemic rivals such as the People’s Republic of China. 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.
Amendment 67 #
Proposal for a regulation
Recital 6
Recital 6
(6) To strengthen Union capacities along the strategic raw materials value chain, benchmarks should be set to guide efforts and track progress. The aim should be to increase capacities for each strategic raw material at each stage of the value chain, while aiming to achieve overall capacity benchmarks for extraction, transport, processing and recycling of strategic raw materials. Firstly, the Union should increase the use of its own geological resources of strategic raw materials and build up capacity to allow it to extract the materials needed to produce at least 10 % of the Union's consumption of strategic raw materials. Keeping in mind that extraction capacity is highly dependent on the availability of Union geological resources, the achievement of this benchmark is dependent on such availability. Secondly, in order to build a full value chain and prevent any bottlenecks at intermediate stages, the Union should in addition increase its processing capacity along the value chain and be able to produce at least 40 % of its annual consumption of strategic raw materials. Thirdly, it is expected that in the coming decades a growing share of the Union's consumption of strategic raw materials can be covered by secondary raw materials, which would improve both the security and the sustainability of the Union’s raw materials supply. Therefore, Union recycling capacity should be able to produce at least 15 % of the Union’s annual consumption of strategic raw materials. 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 Council29 and 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 73 #
Proposal for a regulation
Recital 10
Recital 10
(10) In order to diversify the Union's supply of strategic raw materials, the EU should cooperate closely with Member States and like-minded partners, as well as other institutions and forums such as NATO, G7 and EFTA Members; the Commission should, with the support of the Board, should identify Strategic Projects in third countries that intend to become active in the extraction, transport, processing or recycling of strategic raw materials. To ensure that such Strategic Projects are effectively implemented, they should benefit from improved access to finance. In order to ensure their added value, projects should be assessed against a set of criteria. Like projects in the Union, Strategic Projects in third countries should strengthen the Union's security of supply for strategic raw materials, show sufficient technical feasibility and be implemented sustainably. For projects in emerging markets and developing economies, the project should be mutually beneficial for the Union and the third country involved and add value in that country, taking into account also its consistency with the Union’s common commercial policy. Such value may be derived from the project’s contribution to more than one stage of the value chain as well as from creating through the project wider economic and social benefits, including the creation of employment in compliance with international standards. Where the Commission assesses these criteria to be fulfilled, it should publish the recognition as a Strategic Project in a decision.
Amendment 84 #
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 autonomysecurity, self-sufficiency, resilience and the green and digital transition, Strategic Projects should be considered by the responsible permitting authority as being in the public interest. Strategic Projects which have 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/EC39 may be authorised where the responsible permitting authority concludes, based on its case-by-case assessment, that the public interest served by the project overrides those impacts, provided that all relevant conditions set out in those Directives are met. Where relevant, the case-by-case assessment should take into account the geological 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).
Amendment 91 #
Proposal for a regulation
Recital 33
Recital 33
(33) Space data and services derived from earth observation can support the efforts towards sustainable critical raw materials value chains by providing a continuous flow of information, which could be useful for activities such as monitoring and management of mining areas, the environmental and socio- economic impact assessment, or mineral resource exploration. As earth observation is also able to provide data about remote and inaccessible areas, it should be considered by Member States when drawing up and implementing their national exploration programmes to the extent possible. Simultaneously, assessment should be made how to use the space technology and other tools such as Copernicus services to detect cases of illegal and predatory exploitations, which should be additionally combatted, increasing availability of those material for legal, environmentally friendly, sustainable projects.
Amendment 93 #
Proposal for a regulation
Recital 34
Recital 34
(34) Although the reinforcement of the Union’s critical raw materials value chain is necessary to ensure increased security of supply, the supply chains of critical raw materials will remain global and exposed to external factors. Recent or ongoing events ranging from the COVID-19 crisis to theRussia's unprovoked and unjustified military aggression against Ukrainefull-scale aggression on Ukraine and attempts to demolish the rules based international order and territorial claims to the Arctic, the growing global tensions with the PRC, the COVID-19 crisis, challenges to the maritime security, terrorism threat directly destabilizing many regions such as the Sahel, underlined the vulnerability of some of the Union’s supply chains to disruptions. In order to ensure that Member States and European industries are able to anticipate supply disruption and prepared to withstand their consequences, measures should be developed to increase monitoring capacity, coordinate strategic stocks and reinforce the preparedness of companies.
Amendment 103 #
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 be continued, with strengthened cooperation and coordination with like-minded partners. 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, 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 as add value in the production in these countries.
Amendment 111 #
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 ensure the Union's access to a secure, unhindered and sustainable supply of critical raw materials.
Amendment 117 #
Proposal for a regulation
Article 1 – paragraph 2 – point b a (new)
Article 1 – paragraph 2 – point b a (new)
(ba) bolster defence capabilities of the Member States and enhance the Euro- Atlantic's technological edge;
Amendment 122 #
Proposal for a regulation
Article 1 – paragraph 2 – point d a (new)
Article 1 – paragraph 2 – point d a (new)
(da) work towards limiting illegal and predatory extraction of raw materials, which should lead to greater availability of such materials to legally and environmentally friendly projects;
Amendment 124 #
Proposal for a regulation
Article 1 – paragraph 2 – point d b (new)
Article 1 – paragraph 2 – point d b (new)
(db) strengthen cooperation with entities of like-minded countries in order to commonly address existing and future global challenges;
Amendment 137 #
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, including supply of strategic raw materials;
Amendment 153 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Strategic Projects should take into account a holistic approach to geopolitical developments and shall be considered to contribute to the overall security of the transatlantic space through supply of strategic raw materials in the Unionand reducing our dependency on hostile and unreliable countries.
Amendment 170 #
Proposal for a regulation
Article 19 – paragraph 1 – point a a (new)
Article 19 – paragraph 1 – point a a (new)
(aa) geopolitical developments and security challenges , including in the field of freedom of navigation;
Amendment 183 #
Proposal for a regulation
Article 24 – paragraph 5 – point b a (new)
Article 24 – paragraph 5 – point b a (new)
(ba) Entities registered in or whose shares are controlled by Russia, China or Iran that are not currently on sanctions list mentioned in paragraph 5 must be analysed by competent authorities with additional scrutiny and have their credentials properly verified.
Amendment 205 #
Proposal for a regulation
Article 33 – paragraph 1 – point a – point i
Article 33 – paragraph 1 – point a – point i
(i) improving the Union's security, including the security of supply;
Amendment 209 #
Proposal for a regulation
Article 33 – paragraph 1 – point a – point iii
Article 33 – paragraph 1 – point a – point iii
(iii) improving cooperation and coordination along the critical raw materials value chain between the Union and partner countries, in particular like- minded states; especially the G7, as well as EFTA members or EU candidate countries such as Ukraine;
Amendment 212 #
Proposal for a regulation
Article 33 – paragraph 1 – point c – point i
Article 33 – paragraph 1 – point c – point i
(i) the potential contribution to security of the EU, not limited to security of supply, taking into account a third country's policies on the global stage in such important areas such as Russia's aggression on Ukraine, counter-terrorism cooperation, and also potential reserves, extraction, processing and recycling capacities related to critical raw materials, as well as other challenges, such as transport routes;
Amendment 219 #
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., as well compliance with EU's CFSP priorities, such as threats and challenges emanating from Russia, the PRC, Iran or international terrorist organisations;
Amendment 225 #
Proposal for a regulation
Article 33 – paragraph 3 – introductory part
Article 33 – paragraph 3 – introductory part
3. Member States shall:
Amendment 228 #
Proposal for a regulation
Article 33 – paragraph 3 – point a
Article 33 – paragraph 3 – point a
(a) may coordinate with the Commission to ensure coherence between their bilateral cooperation with relevant third countries and the Union's non-binding Strategic Partnerships with third countries, whose scope at least includes critical raw materials value chain;
Amendment 229 #
Proposal for a regulation
Article 33 – paragraph 3 – point b
Article 33 – paragraph 3 – point b
(b) shall support the Commission in the implementation of the cooperation measures set out in Strategic Partnerships.
Amendment 231 #
Proposal for a regulation
Article 33 – paragraph 3 a (new)
Article 33 – paragraph 3 a (new)
3a. The strategic partners should also be evaluated taking into account challenges arising from transport restraints, including resulting from both the lack of proper infrastructure or problematic ownership or insecure transport routes. The Commission should address these challenges in cooperation with Member States and other institutions.