129 Amendments of Kathleen VAN BREMPT related to 2023/0079(COD)
Amendment 53 #
Proposal for a regulation
Recital 3
Recital 3
(3) Firstly, in order to effectively ensure the Union's access to a secure and sustainable supply of critical raw materials, that framework should include measures to decrease the Union's growing supply risks by strengthening Union capacities along all stages of the strategic raw materials value chain, including extraction, processing and recycling, towards benchmarks defined for each strategic raw material. Secondly, as the Union will continue to rely on imports, the framework should include measures to increase the diversification of external supplies of strategic raw materials through the conclusion of preferential trade agreements, sustainable investment facilitation agreements, revision of existing FTAs to include chapters dedicated to critical raw materials and conclusion of Strategic Partnership Agreements with third countries. 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 61 #
Proposal for a regulation
Recital 5
Recital 5
(5) The list of critical raw materials should contain all strategic raw materials as well as any other raw materials of high importance for the overall Union economy and for which there is a high risk of supply disruption. To take account of possible technological and economic changes, the Commission should, in continuation of current practice, periodically perform an assessment based on data for production, processing, trade, applications, recycling, available stocks and substitution for a wide range of raw materials to update the lists of critical and strategic raw materials reflecting the evolution in the economic importance and supply risk associated with those raw materials. The list of critical raw materials should include those raw materials which reach or exceed the thresholds for both economic importance and supply risk, without ranking the relevant raw materials in terms of criticality. This assessment should be based on an average of the latest available data over a 5-year-period. The measures set out in this Regulation related to one stop shop for permitting, planning, exploration, monitoring, circularity, and sustainability should apply to all critical raw materials.
Amendment 65 #
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, 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 each 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 each 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 82 #
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 materials[31 ], including ensuring environmental protection, socially responsible practices, including respect for human rights such as the rights of women, and transparent business and due diligence 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 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 84 #
Proposal for a regulation
Recital 15
Recital 15
(15) To prevent misuse of the recognition as Strategic Project, the Commission should be able to repeal its initial decision to recognise a project as strategic if it no longer fulfils the conditions or the recognition was based on an application containing incorrect information. Before it can do so, the Commission should consult the Board and heargive the project promoter the opportunity to address any failings.
Amendment 89 #
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, national export credit agencies 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 . _________________ 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)further development and increased financing of the Global Gateway strategy[42] connected to critical raw materials projects.
Amendment 94 #
Proposal for a regulation
Recital 38
Recital 38
(38) In order to ensure that they are sufficiently prepared to face supply disruptions, large companies manufacturing strategic technologies in the Union using strategic raw materials should audit their supply chains and report accordingly to their board of directors. This will ensure that they take into account the supply risks of strategic raw materials and develop appropriate mitigation strategies to be better prepared in the event of a supply disruption. Similarly, the large companies falling within this scope should run regular stress tests of their strategic raw materials supply chains to ensure that they consider all different scenarios that may affect their supply in the event of a disruption. These measures will lead to additional considerations being given to the costs of potential supply risks.
Amendment 101 #
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, these should strive to meet an established set of goals, including achieving the intended aims of this Act, improving cooperation across the whole value chain, contributing to increased local value addition in third countries, and facilitating the joint assessment of Strategic Projects abroad, ensuring the effective participation of affected communities. 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 thesuch 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 and the availability of sufficient access to finance . The Union should seek mutually beneficial partnerships with emerging market and developing economies, in coherence with its Global Gateway strategy, whichTeam Europe approach, common commercial policy and its development and foreign policy, which should contribute to the diversification of its raw materials supply chain as well as add value into the production in theseeconomic and social framework of partner countries.
Amendment 103 #
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, representatives of the European Parliament 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 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 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 109 #
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 each strategic raw materials, to the extent that the Union’s reserves allow for this;
Amendment 113 #
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 1520 % of the Union's annual consumption of strategic raw materials.
Amendment 115 #
Proposal for a regulation
Article 1 – paragraph 2 – point a – point iii a (new)
Article 1 – paragraph 2 – point a – point iii a (new)
(iiia) The Commission shall determine specific benchmarks for each raw material, taking into account its characteristics and prospects as well as applying a volume weighting factor to account for tonnage differences when calculating and aggregating these separate benchmarks towards reaching the total benchmarks;
Amendment 116 #
Proposal for a regulation
Article 1 – paragraph 2 – point a a (new)
Article 1 – paragraph 2 – point a a (new)
Amendment 118 #
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(c) improve the Union's ability to monitor and mitigate the supply risk related to critical raw materials both internally and externally;
Amendment 119 #
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 re-useability, repairability, circularity and sustainability.
Amendment 125 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Where, based on the reportinitial report and the three-year progress reports referred to in Article 42, the Commission concludes that the Union is likely not to achieve the objectives set out in paragraph 2, it shall assess the feasibility and proportionality of proposing measures or exercising its powers at Union level in order to ensure the achievement of those objectives.
Amendment 128 #
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 when dealing with all linked legislation, including 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 130 #
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4a. The Commission shall take into account the objectives and benchmarks laid down in paragraph 2 when carrying out impact assessments in all of its legislative proposals.
Amendment 131 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1a) secondary raw material’ means a substance or material recovered from processes residuals or from end of life products, that can be used in manufacturing processes instead of, or in combination with virgin raw material;
Amendment 146 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The Commission shall review and, if necessary, update the list of strategic raw materials by [OP please insert: fourthree years after the date of entry into force of this Regulation], and every 4 four years thereafter. three years thereafter. The Board may request the Commission to review or update the list at any time outside of these scheduled reviews, to which the Commission must respond.
Amendment 149 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The Commission shall review and, if necessary, update the list of critical raw materials by [OP please insert: fourthree years after the date of entry into force of this Regulation], and every 4 four years thereafterthree years thereafter. The Board may request the Commission to review or update the list at any time outside of these scheduled reviews, to which the Commission must respond.
Amendment 153 #
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 materials and reaching the benchmarks described in Article 1, Paragraph 2, points a and b;
Amendment 154 #
Proposal for a regulation
Article 5 – paragraph 1 – point a a (new)
Article 5 – paragraph 1 – point a a (new)
(aa) When selecting and supporting projects, the progress regarding the extraction, processing and recycling benchmarks, as stipulated in Article 1 and documented in the progress reports, shall be taken into account. Whenever possible, priority shall be given to projects focussing on re-use, repairability, material recovery, recovery from (extractive) waste and integrated recycling.
Amendment 156 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) the project, also when based in a third country, would be implemented sustainably, in particular as regards the monitoring, prevention and minimisation of environmental impacts, the use of socially responsible practices including respect of human and labour and indigenous peoples' rights, quality jobs potential and meaningful engagement with local communities and relevant social partners, and the use of transparent business practices with adequate compliance and due diligence policies to prevent and minimise risks of adverse impacts on the proper functioning of public administration, including corruption and bribery, excluding partnerships with actors convicted for illegal activity including, but not limited to, child labour, forced labour, human trafficking, terrorism, liaisons with criminal organisations, corruption, fraud and money laundering;
Amendment 157 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) the project would be implemented sustainably, in particular as regards the monitoring, prevention and minimisation of environmental impacts, respecting due diligence requirements, the use of socially responsible practices including respect of human and labour, labour and indigenous peoples' 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, excluding partnerships with actors convicted for illegal activity including, but not limited to, child labour, forced labour, human trafficking, terrorism, liaisons with criminal organisations, corruption, fraud and money laundering;
Amendment 165 #
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. , by adding value to that country and being aligned with partners' own sustainable development plans, relevant environmental and human rights standards while striving for the achievement of the objectives in international standards and conventions
Amendment 167 #
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. contribute to the sustainable development of the third country concerned by supporting relevant national development plans, fostering the establishment of relevant downstream industries and bringing benefits to local communities.
Amendment 170 #
(ea) for projects in third countries, the Project Promoter must demonstrate that the project contributes to reaching the objectives described in Article 1 Paragraph 2.
Amendment 172 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The recognition of a project as a Strategic Project shall not affect the requirements applicable to the relevant project or project promoter under international, Union or national law from a Member State or third country.
Amendment 174 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) a plan containing measures to facilitatensure public acceptance including, where appropriate, the establishment of recurrent communication channels with the local communities, including indigenous communities, and organisations, including social partners, the implementation of awareness-raising and information campaigns and the establishment of mitigation and compensation mechanisms; . If resettlement is required to successfully roll out the project, right-holders shall be properly informed, and fully involved from a very early stage on and throughout the entire process, to come to agreements on how to value and compensate for their losses of land and possessions;
Amendment 178 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The European Critical Raw Materials Board referred to in Article 34 ('the Board') shall, based on a fair and transparent process, discuss and issue an opinion on the completeness of the application and whether the proposed project fulfils the criteria set out in Article 5(1). The Board shall include input or invite relevant representatives from civil society, industry, workers and trade unions and the local communities in the EU and, where relevant, third countries during the decision making process.
Amendment 181 #
Proposal for a regulation
Article 6 – paragraph 5 – subparagraph 2
Article 6 – paragraph 5 – subparagraph 2
For Strategic Projects in third countries, the Commission shall share the application received with the third country whose territory is concerned by the proposed project. The Commission shall not approve the application before receiving the explicit approval of the relevant third country. For Strategic Projects in third countries with which the Union has negotiated a Strategic Partnership Agreement, the Commission shall conduct consultations with the authorities of this country in order to guarantee swift implementation of the project.
Amendment 186 #
Proposal for a regulation
Article 6 – paragraph 6 – subparagraph 2
Article 6 – paragraph 6 – subparagraph 2
The Commission's decision shall be reasoned, including, where applicable, where it is different from the Board's opinion. The Commission shall share its reasons with the Board, the competent authorities in the Member State, as well as with the project promoter.
Amendment 188 #
Proposal for a regulation
Article 6 – paragraph 8 a (new)
Article 6 – paragraph 8 a (new)
8a. Before the Commission repeals the decision granting a project the status of Strategic Project, the Project Promoter shall be given the opportunity to rectify the identified failings; The Commission shall provide in writing a clear set of requirements that need to be fulfilled, and set a reasonable timeframe in which these must be rectified; The Commission shall then review the project and assess whether the requirements have been fulfilled; In the event that they have not, the Commission may then proceed with repealing the decision granting a project the status of Strategic Project;
Amendment 194 #
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. National competent authorities, with the consultation of environmental departments, shall discuss whether or not strategic projects meet the conditions of overriding public interest;
Amendment 195 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The Board shall periodically, but no less than every one year, discuss the implementation of the Strategic Projects and, where necessary, measures that could be taken by the project promoter or, the Member State or third state whose territory is concerned by a Strategic Project to further facilitate the implementation of those Strategic Projects.
Amendment 196 #
Proposal for a regulation
Article 7 – paragraph 5 – introductory part
Article 7 – paragraph 5 – introductory part
5. The project promoter shall, every twoone years after the date of recognition as a Strategic Project, submit a report to the Board containing information on at least:
Amendment 199 #
Proposal for a regulation
Article 7 – paragraph 9
Article 7 – paragraph 9
9. The project promoter shall establish and regularly update a dedicated project website with relevant information about the Strategic Project, including information on the environmental, social and economic impacts and benefits associated with the Strategic Project. The website shall be freely accessible to the public and shall be available in a language or languages that can be easily understood by the local population and allow for effective communication with the project promoter.
Amendment 237 #
Proposal for a regulation
Article 14 – paragraph 2 – point b a (new)
Article 14 – paragraph 2 – point b a (new)
(ba) predictable, regular, and clear communication to the project promoter as to administrative delays and obstacles in the permitting process, including the reasons for such delays.
Amendment 239 #
Proposal for a regulation
Article 15 – paragraph 1 – point a a (new)
Article 15 – paragraph 1 – point a a (new)
(aa) Strategic Projects in third countries should be prioritised for Global Gateway funding;
Amendment 240 #
Proposal for a regulation
Article 15 – paragraph 1 – point c
Article 15 – paragraph 1 – point c
(c) existing Member State instruments and programmes, including from export credit agencies, national promotional banks and institutions;
Amendment 241 #
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
Amendment 242 #
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. 1 year after the entry into force of this regulation, and every three years thereafter, the standing sub-group shall report on the uptake and hurdles regarding financing for Critical Raw Materials Projects and provide suggestions to improve access to public and private funding on European and Member State level;
Amendment 244 #
Proposal for a regulation
Article 15 – paragraph 1 b (new)
Article 15 – paragraph 1 b (new)
1b. The European Commission shall, based on the observations of the sub- group's report one year after entry into force of this regulation, decide on the necessity for a new European fund enhancing the realization of Strategic Raw Materials Projects. The fund shall prioritise projects reaching the objectives of this regulation in the most efficient and sustainable way, and allocate funds on a non-discriminatory basis within the EU borders or in third countries. Management and allocation of the fund shall lie with the Commission.
Amendment 246 #
Proposal for a regulation
Article 15 – paragraph 1 c (new)
Article 15 – paragraph 1 c (new)
1c. If evidence shows that no specifically dedicated new fund needs to be set up, the Commission shall make reference to the Critical Raw Materials Act in any future EU funding proposal linked to achieving the objectives of the Green Deal, stipulating the type and amount of resource allocation dedicated to realizing the strategic projects of the Critical Raw Material Act.
Amendment 251 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Each Member State shall draw up a national programme for general exploration targeted at critical raw materials. Each Member State shall draw up the first such programme by [OP please insert: 1 year after the date of entry into force of this Regulation]. The national programmes shall be reviewed and, if necessary, updated, at least every 5four years.
Amendment 258 #
Proposal for a regulation
Article 18 – paragraph 5 – subparagraph 1
Article 18 – paragraph 5 – subparagraph 1
Member States shall make the information on their mineral occurrences containing critical raw materials gathered through the measures set out in the national programmes referred to in paragraph 1 publicly available on a free access website, while preserving commercially sensitive information. This information shall, where applicable, include the classification of the identified occurrences using the United Nations Framework Classification for Resources.
Amendment 262 #
Proposal for a regulation
Article 18 – paragraph 6 – point c
Article 18 – paragraph 6 – point c
(c) the possibility to createion an integrated database for storing the results of the national programmes referred to in paragraph 1.
Amendment 271 #
Proposal for a regulation
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1a. The Commission shall provide additional analysis that takes account of the potential demand that would stem from meeting the manufacturing capacity benchmarks referred to in the Net Zero Industrial Act; This anticipated demand should be reflected in the stress testing.
Amendment 278 #
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, economic coercion, logistics, energy supply, workforce or natural disasters;
Amendment 283 #
Proposal for a regulation
Article 22 – paragraph 1 – point c a (new)
Article 22 – paragraph 1 – point c a (new)
(ca) the levels of international stocks held by Strategic Partners and third countries.
Amendment 284 #
Proposal for a regulation
Article 22 – paragraph 3 – point b a (new)
Article 22 – paragraph 3 – point b a (new)
(ba) to increase cooperation in joint purchasing mechanisms in order to secure a desirable level of strategic stocks.
Amendment 287 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
Member States shall identify the large companies that manufacture strategic technologies usingsectors and active companies in those sectors which, individually or combined, utilize 10% or more of the strategic raw materials on their territory.
Amendment 289 #
Proposal for a regulation
Article 23 – paragraph 2 – introductory part
Article 23 – paragraph 2 – introductory part
2. Large cCompanies identified by Member States pursuant to paragraph 1 shall, every two years, perform an audit of their supply chain, including:
Amendment 291 #
Proposal for a regulation
Article 23 – paragraph 2 – point b a (new)
Article 23 – paragraph 2 – point b a (new)
(ba) the strategy to follow, including existing or planned reaction mechanisms, in case the supply disruptions, as mentioned in point b, would effectively take place.
Amendment 297 #
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: 31 years after the date of entry into force of this Regulation] and every 3 years thereafter notify the Commission and adopt and implement national programmes containing measures designed to:
Amendment 299 #
Proposal for a regulation
Article 25 – paragraph 1 – point -a (new)
Article 25 – paragraph 1 – point -a (new)
(-a) fulfil the requirements set out in Article 1 of this regulation;
Amendment 301 #
Proposal for a regulation
Article 25 – paragraph 1 – point -a a (new)
Article 25 – paragraph 1 – point -a a (new)
(-aa) increase the re-use and repair of products and components with high critical raw materials content;
Amendment 303 #
Proposal for a regulation
Article 25 – paragraph 1 – point a
Article 25 – paragraph 1 – point a
(a) increase the collection and processing of waste with high critical raw materials recovery potential and ensure their introduction into the appropriate recycling system, with a view to maximising the availability and quality of recyclable material as an input to critical raw material recycling facilities;
Amendment 304 #
Proposal for a regulation
Article 25 – paragraph 1 – point a a (new)
Article 25 – paragraph 1 – point a a (new)
(aa) enhance the design and application of quality standards as well as technical and practical requirements and best practices for recycling processes of complex and valuable waste streams (such as electronics waste) to ensure maximum, safe and sustainable material recovery;
Amendment 306 #
Proposal for a regulation
Article 25 – paragraph 1 – point b
Article 25 – paragraph 1 – point b
Amendment 307 #
Proposal for a regulation
Article 25 – paragraph 1 – point b
Article 25 – paragraph 1 – point b
(b) increase the re-use, refurbishing, remanufacturing, and repurposing of products and components with high critical raw materials recovery potential;
Amendment 308 #
Proposal for a regulation
Article 25 – paragraph 1 – point c
Article 25 – paragraph 1 – point c
(c) increase the use of secondary critical raw materials in manufacturing, including, where appropriate, by taking recycled content into account and processing, by taking recycled content and recyclability into account in all processes as well as in award criteria related to public procurement;
Amendment 310 #
Proposal for a regulation
Article 25 – paragraph 1 – point e a (new)
Article 25 – paragraph 1 – point e a (new)
(ea) include a criterion related to sustainable critical raw materials in public procurement which would reward the most sustainable critical raw material.
Amendment 313 #
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
1a. The Commission shall publish every year, no later than 6 months after the publication of the national raw material plans of the Member States, an EU raw material plan, building on the input of the national plans, documenting the EU state of play and stipulating a joint strategy and specific recommendations, including a strategy on strategic partnerships, to reach the separate and aggregated benchmarks set out in Article 1 of this Regulation;
Amendment 317 #
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 re-use, repair and critical raw materials recovery potential within the meaning of paragraph 1 (a) and (b).
Amendment 318 #
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 when re- use and repair are no longer achievable:
Amendment 319 #
Proposal for a regulation
Article 25 – paragraph 7 – subparagraph 2 – point e a (new)
Article 25 – paragraph 7 – subparagraph 2 – point e a (new)
(ea) available data on export of waste containing critical and strategic raw materials.
Amendment 320 #
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. Operators obliged to submit waste management plans in accordance with Article 5 of Directive 2006/21/EC shall provide to the competent authority as defined in Article 3 of Directive 2006/21/EC a preliminary economic and environmental assessment study regarding the potential recovery of critical raw materials from:
Amendment 322 #
Proposal for a regulation
Article 27 – paragraph 7 – subparagraph 2
Article 27 – paragraph 7 – subparagraph 2
The information referred to in paragraph 4 shall refer to the product model or, where the information differs between units of the same model, to a particular batch or unit. The information referred to in paragraph 4 shall be accessible to repairers, recyclers, market surveillance authorities and customs authorities.
Amendment 324 #
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 326 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. The Commission shall periodically verify that recognised schemes continue to fulfil the criteria laid down in Annex IV. and are used in combination with other due diligence tools to ensure Strategic Projects fulfil the highest environmental and social standards.
Amendment 327 #
Proposal for a regulation
Article 29 – paragraph 5 – point i (new)
Article 29 – paragraph 5 – point i (new)
(i) The Commission shall take into account assessments made by relevant stakeholders to proposed certification schemes. To this end, the Commission shall develop an easily accessible and publicly available interactive platform;
Amendment 328 #
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 of maximum 12 months.
Amendment 329 #
Proposal for a regulation
Article 29 – paragraph 8 a (new)
Article 29 – paragraph 8 a (new)
8a. Being a member of a recognised certification scheme does not undermine the company's obligation to adhere to the rules set out in this Regulation, Union, National and International law.
Amendment 330 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The Commission is empowered to 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 different critical raw materials no later than December 2025, 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 for each critical raw materials, including amongst others carbon footprint, biodiversity impact, water consumption and pollution and waste management. The footprint declaration shall be limited to that impact category.
Amendment 331 #
Proposal for a regulation
Article 30 – paragraph 3 – point c
Article 30 – paragraph 3 – point c
(c) the effectiveness of strategic partnerships, strategic projects, trade agreements, sustainable investment facilitation agreements and other international instruments and outreach conducted by the Union in achieving the Union’s climate and environmental objectives.
Amendment 342 #
Proposal for a regulation
Article 33 – paragraph 1 – point a – introductory part
Article 33 – paragraph 1 – point a – introductory part
(a) the extent to which Strategic Partnerships concluded by the Union contribute towards the objectives defined in article 1, and more specifically to:
Amendment 345 #
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 of supplyresilience of the Union's supply of strategic and critical raw materials;
Amendment 347 #
Proposal for a regulation
Article 33 – paragraph 1 – point a – point ii
Article 33 – paragraph 1 – point a – point ii
(ii) the benchmarks set out in Article 1, paragraph 2, point (b);
Amendment 352 #
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) an up-to-date list of existing Strategic Partnerships and ongoing negotiations for Strategic Partnerships as well as Strategic Projects in third countries;
Amendment 360 #
Proposal for a regulation
Article 33 – paragraph 1 – point a a (new)
Article 33 – paragraph 1 – point a a (new)
(aa) (iv) increased local added value in third countries and better integration in the global value chain by facilitating the manufacturing of finished and semi- finished goods in relevant downstream industries;
Amendment 361 #
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 Partnershipspursuit and negotiation of preferential trade agreements with third countries, in the context of functioning and negotiated Strategic Partnerships and functioning and negotiated sustainable investment facilitation agreements with third countries; The Board shall facilitate better dialogue and coordination in the Commission to ensure that these processes complement one another and are appropriately sequenced;
Amendment 368 #
Proposal for a regulation
Article 33 – paragraph 1 – point c – point ii
Article 33 – paragraph 1 – point c – point ii
(ii) whether a third country's regulatory framework and its implementation ensures the monitoring, prevention and minimisation of environmental impacts, the use of socially responsible practices including respect of human and labour rights, including policies to combat forced labour and child labour in particular and meaningful engagement with local communities, including indigenous communities, the use of transparent business practices, including anti- corruption measures and the prevention of adverse impacts on the proper functioning of public administration and the rule of law;
Amendment 372 #
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 respect of human and labour rights and meaningful engagement with local communities, the use of transparent business and due diligence practices and the prevention of adverse impacts on the proper functioning of public administration and the rule of law;
Amendment 373 #
Proposal for a regulation
Article 33 – paragraph 1 – point c – point ii a (new)
Article 33 – paragraph 1 – point c – point ii a (new)
(iia) whether there are existing or potential preferential trade agreements or ongoing negotiations of trade agreements with third countries;
Amendment 379 #
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, to what extent existing Union finance, funding and de- risking tools in particular under Global Gateway, are used, and to what extent obstacles exist to the use of such tools in the context of Critical Raw Materials Projects;
Amendment 381 #
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) (v) the absence of non-market policies and practices or the willingness to abandon those;
Amendment 382 #
Proposal for a regulation
Article 33 – paragraph 1 – point c a (new)
Article 33 – paragraph 1 – point c a (new)
(ca) (d) whether the ambitions on Critical Raw Materials set out in the Strategic Partnership Agreements match the Sustainable Development Goals;
Amendment 384 #
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 with other relevant coordination fora, including those established as part of the Global Gateway strategy, in order to contribute to the integration of those emerging market and developing economies into the global value chain.
Amendment 386 #
Proposal for a regulation
Article 33 – paragraph 2 a (new)
Article 33 – paragraph 2 a (new)
2a. The Board shall coordinate efforts in supporting the inclusion of Strategic Projects conducted in third countries within the Global Gateway financing pipeline. The Commission shall publish an annual report outlining the benefits brought in the preceding year by each of the Strategic Partnership Agreements; the report shall include: a. An up to date list of all existing Strategic Partnership Agreements; b. An up to date list of all ongoing negotiations for Strategic Partnership Agreements; c. A priority list of potential Strategic Partnership Agreements; d. A list of the relevant projects facilitated by Strategic Partnerships and an analysis of how these projects have contributed to fulfilling the aims of this regulation; e. An up to date list of all projects granted the status of Strategic Project that are located in third countries;
Amendment 387 #
Proposal for a regulation
Article 33 – paragraph 2 a (new)
Article 33 – paragraph 2 a (new)
2a. The board shall explore all policy options available to invest in capacity building in developing and emerging countries, in order to improve Human Rights, transparency and sustainable governance in, but not limited to, the mining sector.
Amendment 388 #
Proposal for a regulation
Article 33 – paragraph 2 a (new)
Article 33 – paragraph 2 a (new)
2bis. The Board shall ensure coherence between the Strategic Partnership Agreements and Global Gateway as investments can be used as a leverage to gradually improve environmental-, labour- and Human Right standards and are essential to create added value in the partner countries and to integrate them in the global value chain.
Amendment 389 #
Proposal for a regulation
Article 33 – paragraph 2 b (new)
Article 33 – paragraph 2 b (new)
2b. The Board shall make sure that the Partnership agreements are negotiated and concluded in a spirit of equality between the partners and result in a win-win for both partners. The Board shall ensure that the standards that are set, are the result of prior consultation between equal partners and guarantee tangible and gradual improvement on the ground.
Amendment 390 #
Proposal for a regulation
Article 33 – paragraph 2 c (new)
Article 33 – paragraph 2 c (new)
2c. The Board shall ensure coherence and complementarity between the Strategic Partnership Agreements and the EU's bilateral and plurilateral trade policy.
Amendment 391 #
Proposal for a regulation
Article 33 – paragraph 2 d (new)
Article 33 – paragraph 2 d (new)
2d. The Board shall ensure coherence between the Strategic Partnership Agreements and Global Gateway as investments can be used as a leverage to gradually improve environmental-, labour- and Human Right standards and are essential to create added value in the partner countries and to integrate them in the global value chain.
Amendment 396 #
Proposal for a regulation
Article 33 – paragraph 3 a (new)
Article 33 – paragraph 3 a (new)
3a. coordinate the activities of their development banks, export credit agencies and other public institutions under their supervision to support the implementation and financing of Strategic Projects conducted in third countries;
Amendment 400 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The Board shall be composed of Member States and, the Commission and relevant stakeholders, including representatives of civil society. It shall be chaired by the Commission.
Amendment 402 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The Board shall be composed of Member States, the European Parliament and the Commission. It shall be chaired by the Commission.
Amendment 404 #
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Each Member State shall appoint a high-level representative to the Board and the European Parliament shall appoint 5 members to the Board. Where relevant as regards the function and expertise, a Member State may appoint different representatives in relation to different tasks of the Board. Each member of the Board shall have an alternate.
Amendment 407 #
Proposal for a regulation
Article 35 – paragraph 6 – subparagraph 2 – point a
Article 35 – paragraph 6 – subparagraph 2 – point a
(a) a subgroup to discuss and coordinate financing for Strategic Projects pursuant to Article 15; representatives of national promotional banks and institutions, representatives of export credit agencies, the European development financial institutions, the European Investment Bank Group, other international financial institutions including the European Bank for Reconstruction and Development and, as appropriate, private financial institutions shall be invited as observers;
Amendment 414 #
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 bringing together the One Stop Shop Observers to meet at regular intervals and cultivate greater convergence in decision making between the Member States;
Amendment 417 #
Proposal for a regulation
Article 35 – paragraph 6 – subparagraph 2 – point d b (new)
Article 35 – paragraph 6 – subparagraph 2 – point d b (new)
(db) A subgroup bringing together scientists, experts and organisations specialized in sustainable mining and production of critical raw materials with the purpose of evaluating the sustainability provisions of the accepted Strategic Projects.
Amendment 418 #
Proposal for a regulation
Article 35 – paragraph 7 – subparagraph 1
Article 35 – paragraph 7 – subparagraph 1
Amendment 421 #
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 countries to attend meetings of the standing or temporary sub- groups referred to in paragraph 6 as observers or to provide written contributions.
Amendment 422 #
Proposal for a regulation
Article 35 – paragraph 7 a (new)
Article 35 – paragraph 7 a (new)
7a. The Board shall report to the European Parliament once a year. The meeting documents and decisions of the Board shall be available to the European Parliament.
Amendment 423 #
2. The power to adopt delegated acts referred to in Article 1(2a), Article 3(2), Article 4(2), Article 5(2), Article 27(12), Article 28(2) and Article 30(1) and (5) shall be conferred on the Commission for a period of eight years from [OP please insert: one month after the date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the six- year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 425 #
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
3. The delegation of power referred to in Article 1(2a), Article 3(2), Article 4(2), Article 5(2), Article 27(12), Article 28(2) and Article 30(1) and (5) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 427 #
Proposal for a regulation
Article 36 – paragraph 6
Article 36 – paragraph 6
6. A delegated act adopted pursuant to Article 1(2a), Article 3(2), Article 4(2), Article 5(2), Article 27(12), Article 28(2) and Article 30(1) and (5) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period may be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 429 #
Proposal for a regulation
Article 42 – paragraph 1 – subparagraph 1
Article 42 – paragraph 1 – subparagraph 1
The Commission shall, taking into account the advice of the Board, monitor progress towards the objectives set out in Article 1(2) and publish: a) an initial report, no later than 1 year after the publication of this regulation, detailing the state of play and projections for reaching the benchmarks set out in Article 1 for each raw material as well as the aggregated benchmarks, and defining the opportunities, bottlenecks and required efforts and investments to reach the objectives. b) a progress report, at least every 3 years, a report detailing the Union’s progress towards achieving those objectives.
Amendment 441 #
Proposal for a regulation
Annex III – point 2 – point b
Annex III – point 2 – point b
(b) whether the applicable legal framework or other conditions provide assurance that trade and investment related to the project will not be distortednon-discrimination towards companies from the Union and a level playing field is kept, taking into account notably whether the Union has concluded a Strategic Partnership referred to in Article 33 or a trade agreement containing a chapter on raw materials with the relevant third country, and is consistent with the Union’s common commercial policy;
Amendment 444 #
Proposal for a regulation
Annex III – point 4 – point c
Annex III – point 4 – point c
(c) ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy and the ILO core conventions;
Amendment 445 #
Proposal for a regulation
Annex III – point 4 – point i a (new)
Annex III – point 4 – point i a (new)
(ia) The Paris Agreement;
Amendment 446 #
Proposal for a regulation
Annex III – point 4 – point i b (new)
Annex III – point 4 – point i b (new)
(ib) UN Declaration on the rights of Indigenous Peoples (UNDRIP)
Amendment 447 #
Proposal for a regulation
Annex III – point 4 – point i c (new)
Annex III – point 4 – point i c (new)
(ic) EIB Eligibility, Excluded Activities and Excluded sectors list.
Amendment 448 #
Proposal for a regulation
Annex III – point 4 – paragraph 1 – introductory part
Annex III – point 4 – paragraph 1 – introductory part
Project promoters may also attest compliance withprovide information regarding the criterion referred to in Article 5(1), point (c) by:
Amendment 449 #
Proposal for a regulation
Annex III – point 4 – paragraph 1 – point b
Annex III – point 4 – paragraph 1 – point b
Amendment 451 #
Proposal for a regulation
Annex III – point 6 – point b
Annex III – point 6 – point b
(b) to fostering private investment in the domestic raw materials value chain;
Amendment 452 #
Proposal for a regulation
Annex III – point 6 – point c
Annex III – point 6 – point c
(c) to the creation of wider economic or social benefits, including the creation of quality employment. in accordance with relevant international conventions
Amendment 453 #
Proposal for a regulation
Annex III – point 6 – point c a (new)
Annex III – point 6 – point c a (new)
(ca) to achieving the goals and objectives of economic development plans adopted by the country’s national or territorial governments in line with the UN Sustainable Development Goals.
Amendment 454 #
Proposal for a regulation
Annex IV – paragraph 1 – point a
Annex IV – paragraph 1 – point a
(a) it is ensured that its governance is of the multi-stakeholder type: open under transparent, fair and non-discriminatory terms to all economic and other relevant operators willing and able to comply with the scheme’s requirements;
Amendment 455 #
Proposal for a regulation
Annex IV – paragraph 1 – point a – point i (new)
Annex IV – paragraph 1 – point a – point i (new)
i) the scheme is based on a multi- stakeholder governance of the standard with equal voting power across public and private sector participants;
Amendment 456 #
Proposal for a regulation
Annex IV – paragraph 1 – point a – point ii (new)
Annex IV – paragraph 1 – point a – point ii (new)
ii) the level of detail and depth of coverage of the standard across all relevant environmental and social topics is reflective of best practices.
Amendment 457 #
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, such as the obligation not to damage habitats, wildlife, flora and ecosystems or to practice deep-sea tailing;
Amendment 458 #
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 r, indigenous rights and labour rights with access to a meaningful grievance mechanism to address any concerns that arise related to the standards and assurance system, in line with the United Nations Guiding Principles on Business and Human Rights;
Amendment 459 #
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, indigenous rights and labour rights;
Amendment 460 #
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 as well as anti-bribery and anti- corruption policies in line with the OECD Guidelines outlined in Annex III;
Amendment 461 #
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 independently from the relevant economic operator;, such as: (i) Ten Principles of the United Nations Global Compact; (ii) UNEP Guidelines for Social Life Cycle Assessment of Products; (iii) Convention on Biological Diversity, in particular Decision COP VIII/28- Voluntary guidelines on Biodiversity- Inclusive impact assessment; (iv) UN Framework Convention on Climate Change (UNFCCC) and the Paris Agreement adopted by the Conference of the Parties to the UNFCCC; (v) International Labour Organisation core Conventions as defined under the international labour organisation Declaration on Fundamental Principles and Rights at work.
Amendment 462 #
Proposal for a regulation
Annex IV – paragraph 1 – point c a (new)
Annex IV – paragraph 1 – point c a (new)
(ca) Including an on-site audit resulting in an audit report and encompassing exchanges with impacted stakeholders such as the local communities, workers and trade unions, and civil society;