104 Amendments of Sirpa PIETIKÄINEN related to 2023/0079(COD)
Amendment 26 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The global demand for critical raw materials is projected to soon exceed supply, making the creation of a level playing field for innovative, sustainable alternatives vital for the EU. This requires not only investments into research but also the creation of market conditions that allow renewable substitutes to compete with traditional fossil materials and rare earths.
Amendment 27 #
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) Europe is highly dependent on imported materials. The only way to meet up with the challenge is to improve the resource efficiency by ten fold and ensuring the closed-loop circularity of critical raw materials by 2050.
Amendment 28 #
Proposal for a regulation
Recital 5 c (new)
Recital 5 c (new)
(5c) By 2025, the European Commission should present a roadmap to sustainable digitalization as well as a new revised Green Deal with targets and measures to meet the fully closed-loop supply of critical raw materials and other materials by 2050.
Amendment 29 #
Proposal for a regulation
Recital 5 d (new)
Recital 5 d (new)
(5d) The general objective of this Regulation is to secure the sustainable supply of the critical raw materials within the internal market based on circular economy principles by establishing a science-based hierarchy. The first priority is to seek safe, non-toxic and abundant alternative materials for existing critical raw materials while taking into account the latest innovations globally that can replace the critical raw materials now or in the future; second priority is to create a fully closed-loop circularity of critical raw materials with ten-fold resource efficiency; the third priority is to upgrade Circular Economy principles and increasing the lifespan of all goods, especially digital goods requiring rare materials; the fourth priority is to optimize urban mining, including recovering and extracting critical raw materials from waste facilities and landfills; the fifth priority is to source from existing sustainable mines within the EU or in third countries leaving the approval of new extraction projects as the last resource in case all the above mentioned points have proven unsuccessful.
Amendment 45 #
Proposal for a regulation
Recital 9
Recital 9
(9) In order to build capacities in the Union, the Commission should, with the support of the Board, identify Strategic Projects in the Union that intend to become active in the extraction, processing or recycling of strategic raw materials, or in the development and scale-up of non-toxic and abundant substitutes. Effective support to Strategic Projects has the potential to improve access to materials for downstream sectors as well as to create economic opportunities along the value chain, including for SMEs, and contribute to the creation of employment. Therefore, to ensure the development of Strategic Projects across the Union, such projects should benefit from streamlined and predictable permitting procedures and support in gaining access to finance. In order to focus support and ensure their added value, projects should, before receiving such support, be assessed against a set of criteria. Strategic Projects in the Union should strengthen the Union's security of supply for strategic raw materials, show sufficient technical feasibility and be implemented in an environmentally and socially sustainable manner. They should also provide cross- border benefits beyond the Member State concerned. Where the Commission assesses these criteria to be fulfilled, it should publish the recognition as a Strategic Project in a decision. As a speedy recognition is key to effectively supporting the Union's security of supply, the assessment process should remain light and not overly burdensome.
Amendment 72 #
Proposal for a regulation
Recital 19
Recital 19
Amendment 79 #
Proposal for a regulation
Recital 21
Recital 21
Amendment 82 #
Proposal for a regulation
Recital 24
Recital 24
(24) The environmental assessments and authorisations required under Union law, including in relation to water, habitats and birds, are an integral part of the permit granting process for a raw material project and an essential safeguard to ensure that negative environmental impacts are prevented or minimised. However, in order to ensure that the permit granting processes for Strategic Projects are predictable and timely, any potential to streamline the required assessments and authorisations while not lowering the level of environmental protection should be realised. In that regard, it should be ensured that the necessary assessment are bundled to prevent unnecessary overlap and it should be ensured that project promoters and responsible authorities explicitly agree on the scope of the bundled assessment before it is implemented to prevent unnecessary follow-up.
Amendment 92 #
Proposal for a regulation
Recital 26
Recital 26
(26) Within the Union, circular economy projects for critical raw materials projects often face difficulties with access to finance. Critical raw materials markets are often characterised by high volatility of prices, long lead times, high concentration and opacity. Additionally, financing for the sector requires a high level of expert knowledge that is often lacking among financial institutions. To overcome these factors and contribute towards ensuring a stable and reliable supply and closed-loop circularity of strategic raw materials, Member States and the Commission should assist in access to finance and administrative support.
Amendment 95 #
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. The InvestEU Advisory Hub can contribute to the build-up of pipeline of viable projects based on circular economy. _________________ 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 97 #
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 StrategicCircular Economy 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 StrategicCircular Economy Projects in third countries, the Board should in particular take into account the Global Gateway strategy42. _________________ 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 98 #
Proposal for a regulation
Recital 29
Recital 29
(29) Private investment by companies, financial investors and off takers is essential. Where private investment alone is not sufficient, the effective roll-out of projects along the critical raw material value chain based on closed-loop circular economy may require public support, for example in the form of guarantees, loans or equity and quasi-equity investments. This public support may constitute State aid. Such aid must have an incentive effect and be necessary, appropriate and proportionate. The existing State aid guidelines, which have recently undergone an in-depth revision in line with twin transition objectives, provide ample possibilities to support investments along theto ensure the closed-loop circularity of critical raw materials value chain subject to certain conditions.
Amendment 99 #
Proposal for a regulation
Recital 31
Recital 31
(31) The volatile prices of several strategic raw materials, exacerbated by limited means to hedge them on forward markets, create an obstacle both for project promoters to secure financing for closed- loop circular economy of strategic raw material projects as well as for downstream consumers looking to secure stable and predictable prices for key inputs. In an effort to reduce uncertainty over future prices for strategic raw materials, it is necessary to provide for the setting up of a system that enables both interested off- takers and promoters of StrategicCircular Economy Projects to indicate their buying or selling bids and to bring them in contact if the respective bids are potentially compatible.
Amendment 101 #
Proposal for a regulation
Recital 32
Recital 32
(32) The existing knowledge and mapping of the Union’s raw materials occurrences were developed at a time when ensuring the supply of critical raw materials for the development of strategic technologies was not a priority. To acquire and update information on the critical raw material occurrences, Member States should draw up national programmes for circular economy with a plan to fully close the loop of critical raw materials with 10- fold resource efficiency, abundant alternative materials for existing critical raw materials taking into account latest innovations globally, the general exploration of critical raw materials with the permission of land- owners, which should include measure such as landfill mapping, mineral mapping, geochemical campaigns, geoscientific surveys as well as the reprocessing of existing geoscientific datasets. The identification of mineral occurrences and the assessment of the environmental, technical and economic viability to extract them involves high financial. To lower that risk and facilitate the development of extractioncircular economy projects, Member States should make publicly available the information acquired during their respective national exploration programme, where appropriate using the framework of the Infrastructure for Spatial Information established by Directive 2007/2/EC of the European Parliament and the Council43. _________________ 43 Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1-14).
Amendment 102 #
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 the unprovoked and unjustified military aggression against Ukraine 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. The exports and waste shipments of critical raw materials to third countries shall be stopped with fully closed-loop systems within the EU.
Amendment 108 #
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 source, recycling and reusing should become increasingly important and reduce the need for primary extraction and its associated impacts. Today, however, recycling and reusing rates of most critical raw materials are low, 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.
Amendment 114 #
Proposal for a regulation
Recital 42
Recital 42
(42) Member States retain important competences in the field of circularity, for example in the area of waste collection and treatment systems. These should be used to increase collection, recycling and recyclusing rates for waste streams with a high potential for recovery of critical raw materials, making use for example of financial incentives such as discounts, monetary rewards or deposit-refund systems. Member State authorities should also make a difference as buyers of critical raw materials and of products containing them, and national research and innovation programmes provide significant resources to increase the state of knowledge and technology for critical raw materials circularity as well as material efficiency. Finally, Member States should promote the recovery of critical raw materials from extractive waste by improving the availability of information and by addressing legal, economic and technical barriers. One possible solution that Member States should look into are risk- sharing mechanisms between operators and the Member State to promote recovery from closed waste facilities.
Amendment 117 #
Proposal for a regulation
Recital 43
Recital 43
(43) The Union has, in many of its regions, a legacy of raw materials extraction and thus substantial amounts of extractive waste on closed facilities and landfills which, due to their only recent rise in economic importance, have generally not been analysed for critical raw materials potential. The recovery of critical raw materials from extractive waste facilities and landfills has the potential to create economic value and employment in historical mining regions, which are often affected by deindustrialisation and decline. The lack of attention to, and information on critical raw materials content, especially on closed waste facilities and landfills, constitutes a key barrier to greater use of the critical raw materials potential of extractive waste. In order to ensure the protection of human health and the environment, the European Commission shall revise the Directive 1999/31/EC on the landfill of waste to set clear guidance on extraction of materials from the landfills.
Amendment 122 #
(46) To address the current lack of information on the critical raw materials potential of closed extractive waste facilities and landfills, Member States should draw up a database containing all information relevant to promote the recovery, notably the quantities and concentrations of critical raw materials in the extractive waste facility and the landfill, in compliance with Union competition rules. The information should be made publicly available and in a user- friendly and digital form, enabling access to more detailed, technical information. To facilitate user-friendly access to the information, Member States should for instance provide a point of contact to enable more in-depth exchanges with potential developers of critical raw materials recovery projects. The database should be designed to allow potential project promoters to easily identify facilities with a high potential for economically viable recovery. To focus limited resources, Member States should follow a staged approach in the collection of information and perform the more demanding information collection steps only for the most promising facilities. The information collection activities should be aimed at providing accurate and representative information on the extractive waste facilities and landfills, and gaining the best possible indication of the critical raw materials recovery potential.
Amendment 142 #
Proposal for a regulation
Recital 55
Recital 55
(55) In order to support the implementation of tasks pertaining to the development of Strategic Projects and their financing, exploration programmes, monitoring capacities or strategic stocks and to advise the Commission appropriately, a European Critical Raw Materials Board should be established. The Board should be composed of Member States and of the Commission, while being able to ensure participation of other parties as observers. To develop the necessary expertise for the implementation of certain tasks, the Board should establish standing sub-groups on sustainability and circularity, financing, exploration, monitoring and strategic stocks, that should act as a network by gathering the different relevant national authorities and, when necessary, consult industry, academia, civil society, local and indigenous communities, and other relevant stakeholders. The Board’s advice and opinions should be non-binding and the absence of such an advice or opinion should not prevent the Commission from performing its tasks under this Regulation.
Amendment 146 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Amendment 150 #
Proposal for a regulation
Article 1 – paragraph 2 – point a – point i
Article 1 – paragraph 2 – point a – point i
(i) Union extraction capacity is able to extract the ores, minerals or concentrates needed to produce at least 10% of the Union's annual consumption of strategic raw materials, to the extent that the Union’s reserves and environmental factors allow for this;
Amendment 160 #
Proposal for a regulation
Article 1 – paragraph 2 – point a – point iii
Article 1 – paragraph 2 – point a – point iii
(iii) Union recycling capacity, including for all intermediate recycling steps, is able to produce at least 150% of the Union's annual consumption of strategic raw materials.
Amendment 165 #
Proposal for a regulation
Article 1 – paragraph 2 – point a a (new)
Article 1 – paragraph 2 – point a a (new)
(aa) increase the sustainability of products, maximize the resource- efficiency and closed-loop cycles of critical raw materials to ensure the full circularity of critical raw materials within the EU;
Amendment 166 #
(ab) replace critical raw materials with abundant and non-toxic alternatives;
Amendment 167 #
Proposal for a regulation
Article 1 – paragraph 2 – point a c (new)
Article 1 – paragraph 2 – point a c (new)
(ac) accelerate the extraction of critical raw materials from waste facilities and landfills;
Amendment 171 #
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 a high level of environmental protection, by improving their circularity and, sustainability and non- toxicity.
Amendment 174 #
Proposal for a regulation
Article 1 – paragraph 2 – point d a (new)
Article 1 – paragraph 2 – point d a (new)
(da) Encourage research and innovation and scalability of substitutes with a lower environmental footprint in Europe.
Amendment 178 #
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, upgradability, resource use or resource efficiency, possibility of remanufacturing and recycling, recycled content and possibility of recovery of materials.
Amendment 199 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Following the hierarchy in Article 1.1, and an application of the project promoter and in accordance with the procedure established in Article 6, the Commission shall recognise as Strategic Projects raw material projects that meet the following criteria if all the other steps of the hiearchy have been proven unsuccessful:
Amendment 205 #
Proposal for a regulation
Article 5 – paragraph 1 – point a a (new)
Article 5 – paragraph 1 – point a a (new)
(aa) the project would not cause any significant harm to the environment or human health;
Amendment 206 #
Proposal for a regulation
Article 5 – paragraph 1 – point b a (new)
Article 5 – paragraph 1 – point b a (new)
(ba) new extraction projects shall be based on sustainable acceptable mining principles based on the highest standards of mineral extracting and metals refining technologies including pollution prevention and control and energy efficiency.
Amendment 209 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) the project would be implemented sustainably, in particular as regards the monitoring, prevention and minimisation of environmental impactsand landscape impacts while ensuring the proper site cleaning and nature restoration in the end of the project, the use of socially responsible practices including respect of human and labour rights, quality jobs potential and meaningful engagement with local and indigenous communities and relevant social partners, and the use of transparent business practices such as due diligence with adequate compliance policies to prevent and minimise risks of adverse impacts on the proper functioning of public administration, including corruption and bribery;
Amendment 222 #
Proposal for a regulation
Article 5 – paragraph 1 – point d a (new)
Article 5 – paragraph 1 – point d a (new)
(da) The projects shall be implemented only with the permission of local and indigenous communities while ensuring a fair economic compensation to the local communities. The projects shall not affect negatively on the livelyhoods of indigenous people or the access to their land.
Amendment 224 #
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. The same level of environmental protection, social and environmental sustainability and business transparency shall apply in projects in third countries as in the EU.
Amendment 232 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. AIf all the other steps of the hiearchy in Article 1(1) have been proven unsuccessful, the applications for recognition of a raw material project as a Strategic Project shall be submitted by the project promoter to the Commission. The application shall include:
Amendment 233 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) relevant evidence related to fulfilment of the criteria laid down in Article 5(1); such as a comprehensive life- cycle assessment from a third party, plan for the site cleaning and nature restoration after the project, impacts on local communities and indigenous peoples livelyhoods and rights to their land, and economic impact on the local communities.
Amendment 234 #
Proposal for a regulation
Article 6 – paragraph 1 – point a a (new)
Article 6 – paragraph 1 – point a a (new)
(aa) a circular economy strategy and assessment to ensure the close-loop cycle of the non-renewable materials extracted, recycled or processed.
Amendment 240 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) a plan containing measures to facilitate public acceptance including, where appropriate, the establishment of recurrent communication channels with the local and indigenous communities and organisations, including social partners, the implementation of awareness-raising and information campaigns and the establishment of mitigation and compensation mechanisms;
Amendment 248 #
Proposal for a regulation
Article 6 – paragraph 5 – subparagraph 1
Article 6 – paragraph 5 – subparagraph 1
Where the Member State whose territory is concerned by a proposed project objects to granting the proposed project strategic status, it shall present substantiated reasons for doing so during the discussion referred to in paragraph 4. The Board shall discuss the substantiated reasons presented by a Member State together with the representatives from local or indigenous communities for its objection. If, after the discussion, the Member State maintains its objection, the project shall not be considered for the status of Strategic Project.
Amendment 257 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 266 #
Proposal for a regulation
Article 7 – paragraph 5 – point c a (new)
Article 7 – paragraph 5 – point c a (new)
(ca) information on the full-covered insurance scheme in case of environmental damage or distruction.
Amendment 268 #
Proposal for a regulation
Article 7 – paragraph 9 a (new)
Article 7 – paragraph 9 a (new)
9a. The project promoter shall ensure the access to information, public participation in decision-making and access to justice in environmental matters according to the Aarhus Convention.
Amendment 280 #
Proposal for a regulation
Article 9 – title
Article 9 – title
Amendment 281 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Amendment 282 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Without prejudice to obligations provided for in Union law, StrategicCircular Economy Projects in the Union shall be granted the status of the highest national significance possible, where such a status exists in national law, and be treated accordingly in the permit granting processes.
Amendment 284 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. All dispute resolution procedures, litigation, appeals and judicial remedies related to the permit-granting process and the issuance of permits for Strategic Projects in the Union in front of any national courts, tribunals, panels, including mediation or arbitration, where they exist in national law, shall be treated as urgent, if and to the extent to which national law provides for such urgency procedures and provided that the normally applicable rights of defence of individuals or of local and indigenous communities would be respected while securing that the "do not significant harm" principle is respected. Project promoters of Strategic Projects shall participate in such urgency procedure, where applicable.
Amendment 285 #
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
Amendment 286 #
Proposal for a regulation
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) 124 months for Strategic Projects only involving processing or recycling.
Amendment 287 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 288 #
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
Amendment 289 #
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
Amendment 290 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. In exceptional cases, where the nature, complexity, location or size of the proposed project so require, the national competent authority referred to in Article 8(1) may extend the time limits referred to in paragraph 1, point (a), and 2, point (a), by a maximum of 3 months and the time limits referred to in paragraph 1, point (b), and 2, point (b), by a maximum of 1 month, before their expiry and on a case- by-case basis. In that event, the national competent authority referred to in Article 8(1) shall inform the project promoter of the reasons justifying the extension and of the date when the comprehensive decision is expected in writing.
Amendment 292 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 297 #
Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 1
Article 10 – paragraph 5 – subparagraph 1
Amendment 298 #
Proposal for a regulation
Article 10 – paragraph 7 – subparagraph 1
Article 10 – paragraph 7 – subparagraph 1
Amendment 299 #
Proposal for a regulation
Article 10 – paragraph 7 – subparagraph 2
Article 10 – paragraph 7 – subparagraph 2
Amendment 304 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
Where an environmental impact assessment must be carried out for a Strategic Project in accordance with Articles 5 to 9 of Directive 2011/92/EU, the relevant project promoter shall request an opinion to the national competent authority referred to in Article 8(1) on the scope and level of detail of the information to be included in the environmental impact assessment report under Article 5(1) of that Directive.
Amendment 306 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Amendment 318 #
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 2
Article 11 – paragraph 2 – subparagraph 2
Amendment 322 #
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 3
Article 11 – paragraph 2 – subparagraph 3
Amendment 326 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 334 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 344 #
Proposal for a regulation
Article 11 – paragraph 5 – subparagraph 1
Article 11 – paragraph 5 – subparagraph 1
Amendment 346 #
Proposal for a regulation
Article 11 – paragraph 5 – subparagraph 2
Article 11 – paragraph 5 – subparagraph 2
Amendment 350 #
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.
Amendment 368 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission and the Member States shall undertake activities to accelerate and crowd-in private investments in Strategic ProjectCircular Economy Projects of critical raw materials. Such activities may, without prejudice to Article 107 and Article 108 of the TFEU, include providing and coordinating support to StrategicCircular Economy Projects facing difficulties in accessing finance.
Amendment 369 #
Proposal for a regulation
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
2. Member States may provide administrative support to StrategicCircular Economy Projects to facilitate their rapid and effective implementation, including by providing:
Amendment 373 #
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
1. The standing sub-group referred to in Article 35(6), point (a) shall , at the request of a project promoter of a Strategic ProjectCircular Economy Project securing the supply of critical raw materials, discuss and advise on how the financing of its project can be completed, taking into account the funding already secured and considering at least the following elements:
Amendment 374 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Commission shall set up a system to facilitate the conclusion of off- take agreements related to Strategic ProjectCircular Economy Projects securing the supply of critical raw materials, in compliance with competition rules.
Amendment 377 #
Proposal for a regulation
Article 16 – paragraph 3 – introductory part
Article 16 – paragraph 3 – introductory part
3. The system referred to in paragraph 1 shall allow project promoters of Strategic ProjectCircular Economy Projects securing the supply of critical raw materials to make offers indicating:
Amendment 378 #
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Based on the bids and offers received pursuant to paragraph 2 and 3, the Commission shall bring project promoters of Strategic ProjectCircular Economy Projects securing the supply of critical raw materials in contact with potential off-takers relevant for their project.
Amendment 380 #
Proposal for a regulation
Article 17 – paragraph 1 – point a a (new)
Article 17 – paragraph 1 – point a a (new)
(aa) The information of a full-covered insurance scheme in case of environmental damage or distruction.
Amendment 382 #
Proposal for a regulation
Article 17 – paragraph 1 – point d a (new)
Article 17 – paragraph 1 – point d a (new)
(da) the contact information of the third body carrying out the life-cycle assessment of the project and the status of the assessment.
Amendment 384 #
Proposal for a regulation
Article 17 – paragraph 1 – point d b (new)
Article 17 – paragraph 1 – point d b (new)
(db) the approval of local communities and indigenous people.
Amendment 385 #
1. Each Member State shall draw up a national programme for general exploration targeted ataccording to the hierarchy in Article 1(1) for ensuring the supply of critical raw materials. Each Member State shall draw up the first such programme by [OP please insert: 1 year after the date of entry into force of this Regulation]. The national programmes shall be reviewed and, if necessary, updated, at least every 5 years.
Amendment 387 #
Proposal for a regulation
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. The national exploration programmes referred to in paragraph 1 shall include measures to increase available information on the Union’s critical raw material occurrences, including deep ore deposits. They programmes shall respect the landowners rights and therefore require a permission from the landlord. The programmes shall include, as appropriate, the following measures:
Amendment 389 #
Proposal for a regulation
Article 18 – paragraph 2 – point e a (new)
Article 18 – paragraph 2 – point e a (new)
(ea) assessing the status of the environment, and risk for environmental damage or degradation due to new extraction projects.
Amendment 399 #
Proposal for a regulation
Article 19 – paragraph 1 – point a a (new)
Article 19 – paragraph 1 – point a a (new)
(aa) environmental damage or degradation caused by new extraction or processing sites;
Amendment 404 #
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 1
Article 19 – paragraph 3 – subparagraph 1
The Commission, in collaboration with the national authorities participating in the standing sub-group referred to in Article 35(6), point (c), shall ensure that a stress test for all the steps of the hierarchy according to Article 1(1) is performed for each strategic raw material’s supply chain at least every three years. To that end, the standing sub-group referred to in Article 35(6), point (c) shall coordinate and divide the implementation of stress tests for the different strategic raw materials by the different participating authorities.
Amendment 405 #
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 2 – point a a (new)
Article 19 – paragraph 3 – subparagraph 2 – point a a (new)
(aa) the environmental damage or degradation.
Amendment 408 #
Proposal for a regulation
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3a. Member States shall ensure free access to the information according to the Aarhus Convention.
Amendment 439 #
Proposal for a regulation
Article 25 – paragraph 1 – point a a (new)
Article 25 – paragraph 1 – point a a (new)
(aa) increase the resource-efficiency by ten fold and achieve closed-loop cycles for critical raw materials;
Amendment 440 #
Proposal for a regulation
Article 25 – paragraph 1 – point a b (new)
Article 25 – paragraph 1 – point a b (new)
(ab) replace critical raw materials with non-toxic and abundant materials;
Amendment 441 #
Proposal for a regulation
Article 25 – paragraph 1 – point a c (new)
Article 25 – paragraph 1 – point a c (new)
(ac) accelerate the extraction of critical raw materials from the landfills;
Amendment 442 #
Proposal for a regulation
Article 25 – paragraph 1 – point a d (new)
Article 25 – paragraph 1 – point a d (new)
(ad) mitigate the environmental impacts of the projects and ensure the site cleaning and nature restoration after the projects;
Amendment 446 #
Proposal for a regulation
Article 25 – paragraph 1 – point b
Article 25 – paragraph 1 – point b
(b) increase the re-useing, repairing and upgrading of products and components with high critical raw materials recovery potential;
Amendment 493 #
Proposal for a regulation
Article 25 – paragraph 3 a (new)
Article 25 – paragraph 3 a (new)
3a. The European Commission shall revise the Directive 1999/31/EC on the landfill of waste to set clear guidance on extraction of materials from the landfills to ensure the protection of human health and the environment.
Amendment 506 #
Proposal for a regulation
Article 25 – paragraph 7 – subparagraph 2 – point a
Article 25 – paragraph 7 – subparagraph 2 – point a
(a) the total amount of critical raw materials recoverable from those products, components and, waste streams and landfills:
Amendment 518 #
Proposal for a regulation
Article 26 – title
Article 26 – title
Recovery of critical raw materials from extractive waste and landfills
Amendment 523 #
Proposal for a regulation
Article 26 – paragraph 1 – point b a (new)
Article 26 – paragraph 1 – point b a (new)
(ba) landfills.
Amendment 529 #
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 landfills, and in the extracted volume and an assessment of their technical and economic recoverability.
Amendment 530 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. Operators of existing waste facilities and landfills shall submit the study referred to in paragraph 1 to the competent authority as defined in Article 3 of Directive 2006/21/EC by [OP please insert: 3 years after the date of entry into force of this Regulation]. Operators of new waste facilities shall submit this study to the competent authority when submitting their waste management plans in accordance with Article 5 of Directive 2006/21/EC.
Amendment 534 #
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 and landfills, including abandoned waste facilities, located on their territory. This database shall contain information on:
Amendment 610 #
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 time to take remedial action based on the "do no significant harm" principle.
Amendment 622 #
Proposal for a regulation
Article 29 – paragraph 8 a (new)
Article 29 – paragraph 8 a (new)
8a. Due to the large scale environmental risk and impact the Special Projects shall have a full-covered insurance scheme in case of environmental damage or distruction.
Amendment 637 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. The Commission may adopt calculation and verification rules for a specific critical raw material if it has concluded, having considered the various relevant environmental impact categories, that the critical raw material in question is violating the "do not significant harm" principle or 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 facilitating the supply of critical raw materials with lower environmental footprint.
Amendment 681 #
Proposal for a regulation
Article 33 – paragraph 1 – point a a (new)
Article 33 – paragraph 1 – point a a (new)
(aa) The Strategic Partnerships environmental impact and overall sustainability.
Amendment 693 #
Proposal for a regulation
Article 35 – paragraph 3 a (new)
Article 35 – paragraph 3 a (new)
3a. The Board shall include experts with sufficient knowledge on environment and circularity.
Amendment 701 #
Proposal for a regulation
Article 35 – paragraph 6 – subparagraph 2 – point d a (new)
Article 35 – paragraph 6 – subparagraph 2 – point d a (new)
(da) a subgroup of sustainability and circularity bringing together national environmental institutes and experts with the purpose of assessing the risks to the environment, overall sustainability and ensuring the compatability of the project with the Circular Economy principles and achieving the closed-loop systems for critical raw materials.
Amendment 770 #
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, including requirements ensuring environmental management and, impact mitigation, site cleaning and nature restoration;
Amendment 782 #
Proposal for a regulation
Annex IV – paragraph 1 – point b – point ii
Annex IV – paragraph 1 – point b – point ii
(ii) requirements for ensuring socially responsible practices, including respect for human rights and labour rights and a constructive dialogue with local and indigenous communities;
Amendment 828 #
Proposal for a regulation
Annex V – Part 4 – paragraph 1 – point i
Annex V – Part 4 – paragraph 1 – point i
(i) Slag cleaning and nature restoration;
Amendment 833 #
Proposal for a regulation
Annex V – Part 5 – paragraph 1 – point a
Annex V – Part 5 – paragraph 1 – point a
(a) relative importance of different impacts, including their relative importance for meeting Union climate and environmental impacts including climate and biodiversity impacts;