Activities of José GUSMÃO related to 2023/0079(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulations (EU) 168/2013, (EU) 2018/858, 2018/1724 and (EU) 2019/1020
Amendments (18)
Amendment 21 #
Proposal for a regulation
Recital 2
Recital 2
(2) Given the urgent need of a coordinated industrial policy as a strategic part of the green transition, the complexity and the transnational character of critical raw material value chains, un and the short to medium term scarcity of resources, the planning and coordinatedion of national measures to ensure a secure and sustainable supply of critical raw materials have a high potential of distorting competition and fragmenting the internal market. Therefore, to safeguard the functioning of the internal market, a common Union framework should be created to collectively address this central challengeis crucial.
Amendment 22 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) In order to achieve the climate goals defined in Paris Agreement, the current revision of the economic governance rules must guarantee that Member States have the flexibility to cover their needs of public investment to promote climate transition and conversion.
Amendment 26 #
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 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 the critical raw materials value chain subject to certain conditionscould be used when deemed necessary and when aligned with the requirements of Corporate Due Diligence Directive.
Amendment 35 #
Proposal for a regulation
Recital 30
Recital 30
(30) Public support is used to address specific identified market failures or sub- opshould be coupled with total or partimal investment situations in a proportionate manner, and actions should not duplicate or crowd out private financing or distort competition in the internal market. Actions should public ownership. Moreover, when private investors benefit from any form of public support, including capital relief measures, they have to halt dividend distribution, shavre a clear added value for the Unionbuybacks and variable remuneration payments.
Amendment 38 #
Proposal for a regulation
Recital 39
Recital 39
(39) Many markets for strategic raw materials are not fully transparent and are concentrated on the supply side, which increases the negotiating power of sellers and increases prices for buyers. To help lower prices for undertaking established in the Union, the Commission should set up a system that is able to aggregate the demand of interested buyers. In developing such a system, the Commission should take into account experience gained in similar endeavours, in particular regarding the joint purchasing of gas as established under Council Regulation 2022/257644 . Member State authorities should also be able to participate in this system in order to build up their strategic stocks. All measures under this mechanism should be compatible with Union competition law and made publicly available to avoid any kind of conflict of interest. __________________ 44 Council Regulation (EU) 2022/2576 of 19 December 2022 enhancing solidarity through better coordination of gas purchases, reliable price benchmarks and exchanges of gas across borders (OJ 335, 29.12.2022, p. 1-35)
Amendment 41 #
Proposal for a regulation
Recital 63
Recital 63
Amendment 43 #
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 privateprioritise public investments in for Strategic Projects. Such activities may, without prejudice to Article 107 and Article 108 of the TFEU, include providing and coordinating support to Strategic Projects facing difficulties in accessing financWhen private investment is deemed necessary, the undertakings shall prove to have the financial capacity to follow through the Project and prove their alignment with the requirements of Corporate Due Diligence Directive.
Amendment 47 #
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1 a. The project must be cancelled if the private company responsible for a Strategic Project is found to be involved in harmful tax practices or in breach of the Corporate Due Diligence Directive.
Amendment 53 #
Proposal for a regulation
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
(b) assistance to project promoters to further increase theimely public acceptanceparticipation and consultation of the project.
Amendment 56 #
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
1. TIn order to promote the green transition, the Member State, with the help of representatives of trade unions, civil society organisations, academia and the standing sub-group referred to in Article 35(6), point (a) shall , may, at the request of a private project promoter of a Strategic Project, 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:and how to redistribute the remuneration of the financial board and future investment decision;
Amendment 57 #
Proposal for a regulation
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
Amendment 58 #
Proposal for a regulation
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
Amendment 59 #
Proposal for a regulation
Article 15 – paragraph 1 – point c
Article 15 – paragraph 1 – point c
Amendment 60 #
Proposal for a regulation
Article 15 – paragraph 1 – point d
Article 15 – paragraph 1 – point d
Amendment 66 #
Proposal for a regulation
Article 16 – paragraph 2 – point c a (new)
Article 16 – paragraph 2 – point c a (new)
(c a) the proof that there is no conflict of interest
Amendment 77 #
Proposal for a regulation
Article 25 – paragraph 1 – point b
Article 25 – paragraph 1 – point b
(b) increase the waste prevention, re- use and repair of products and components with high critical raw materials recovery potential through a mandatory second life assessment requirement for critical raw material equipment and components;
Amendment 82 #
Proposal for a regulation
Article 25 – paragraph 1 – point e a (new)
Article 25 – paragraph 1 – point e a (new)
(e a) include a criterion related to sustainable critical raw materials in public procurement procedures, which would reward the most sustainable critical raw material.
Amendment 85 #
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
1 a. National programmes shall be updated regularly, assessing in particular whether the measures listed in the subparagraph above are sufficient.