43 Amendments of Pascal CANFIN related to 2023/0079(COD)
Amendment 14 #
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. 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. Fifthly, limiting the increase in demand for critical raw materials will strengthen the strategic autonomy of the Union while at the same time reduce our global environmental footprint. Therefore, it is necessary to develop an indicator to monitor the evolution of the level of criticality and material efficiency of intermediate and final products containing critical raw materials.
Amendment 91 #
Proposal for a regulation
Recital 26
Recital 26
(26) Within the Union, 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 of strategic raw materials, Member States and the Commission should assist in access to finance and administrative support. Given the essential nature of critical raw materials for the green transition, the Commission shall adopt as soon as possible a delegated act under the Taxonomy Regulation (EU) 2021/523 defining the technical screening criteria for mining and refining, based on the work of the Platform on Sustainable Finance.
Amendment 188 #
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
(11) ‘recycling’ means any recovery operation by which waste materials, including black mass, are reprocessed into products, materials or substances whether for the original or other purposes;
Amendment 189 #
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘Union recycling capacity’ means an aggregate of the maximum annual production volume of recycling operations for strategic raw materials, including the sorting and pre-treatment of waste, including black mass, and its processing into secondary raw materials, located in the Union;
Amendment 464 #
Proposal for a regulation
Article 25 – paragraph 1 – point e a (new)
Article 25 – paragraph 1 – point e a (new)
(ea) take necessary measures in order to prevent that products and materials that are exported under an end of waste status fulfill the provisions in accordance with directive 2008/98/EC and the EU regulations thereof
Amendment 516 #
Proposal for a regulation
Article 25 – paragraph 7 a (new)
Article 25 – paragraph 7 a (new)
7a. By 31 December 2023, the Commission shall develop dedicated waste codes for Lithium-ion batteries and black masses under the European List of Waste.
Amendment 517 #
Proposal for a regulation
Article 25 a (new)
Article 25 a (new)
Amendment 553 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. The Commission shall adopt an implementing act establishing the format for the labelling referred to in paragraph 1, [OP please insert: 3 years after the date of entry into force of this Regulation ]. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 37(3).
Amendment 577 #
Proposal for a regulation
Article 28 – paragraph 3 – subparagraph 1
Article 28 – paragraph 3 – subparagraph 1
After 31 December 203026, the Commission mayshall adopt delegated acts supplementing this Regulation by laying down minimum shares for neodymium, dysprosium, praseodymium, terbium, boron, samarium, nickel and cobalt recovered from post- consumer waste that must be present in the permanent magnet incorporated in the products referred to in paragraph 1.
Amendment 590 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
Governments or, organisations or industrial companies 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 594 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2
Article 29 – paragraph 1 – subparagraph 2
Applications referred in the first subparagraph shall contain any relevant evidence related to the fulfilment of the criteria laid down in Annex IV. The Commission shall be empowered to adopt implementing acts specifying the information that applications shall at least contain. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 37(3) [OP please insert : three years after the entry into force of this regulation].
Amendment 601 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. The Commission shall periodicallyat least every two years verify that recognised schemes continue to fulfil the criteria laid down in Annex IV.
Amendment 628 #
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, 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. The footprint declaration shall be limited to that impact category. The calculation rules shall cover all the impact categories of the PEF method, including the carbon footprint.
Amendment 636 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. The Commission mayshall adopt not later than three years after the entry into force of this Regulation, 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 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 665 #
Proposal for a regulation
Article 30 – paragraph 5 – subparagraph 2
Article 30 – paragraph 5 – subparagraph 2
The requirement set out in the first subparagraph shall apply to each individual critical raw material type placed on the market and shall notalso apply to critical raw materials included in intermediate or final products.
Amendment 676 #
Proposal for a regulation
Article 30 a (new)
Article 30 a (new)
Article30a Environmental footprint thresholds 1. Critical raw materials shall only be placed on the EU market if their environmental footprint does not exceed any of the thresholds set out in the delegated acts adopted pursuant to paragraph 2 applicable to those products. 2. No lather than 36 months after the entry into force of this Regulation, the Commission shall adopt delegated acts to supplement this Regulation by establishing maximum environmental footprint thresholds for critical raw materials for which calculation rules have been adopted and for which no risk to security of supply was identified during the impact assesment.
Amendment 765 #
Proposal for a regulation
Annex IV – paragraph 1 – point a
Annex IV – paragraph 1 – point a
(a) it is open under transparent, fair and non-discriminatory terms to all economic operators willing and able to comply with the scheme’s requirements and it is of multistakeholder governance;
Amendment 769 #
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; including but not limited to the following environmental risk categories :
Amendment 771 #
Proposal for a regulation
Annex IV – paragraph 1 – point b – point i a (new)
Annex IV – paragraph 1 – point b – point i a (new)
(ia) biodiversity including no damage to habitats, wildlife, flora and ecosystems, including ecosystem services as well as not practicing deep-sea tailing placement, especially for the nickel industry ;
Amendment 773 #
Proposal for a regulation
Annex IV – paragraph 1 – point b – point i b (new)
Annex IV – paragraph 1 – point b – point i b (new)
(ib) air, including but not limited to air pollution, and greenhouse gas emissions and measurement (scope 1 and 2 at least) ;
Amendment 774 #
Proposal for a regulation
Annex IV – paragraph 1 – point b – point i c (new)
Annex IV – paragraph 1 – point b – point i c (new)
(ic) water, including seabed and marine environment and including but not limited to water pollution, water use, water quantities and access to water ;
Amendment 775 #
Proposal for a regulation
Annex IV – paragraph 1 – point b – point i d (new)
Annex IV – paragraph 1 – point b – point i d (new)
(id) soil, including but not limited to soil pollution, soil erosion, land use and land degradation ;
Amendment 776 #
Proposal for a regulation
Annex IV – paragraph 1 – point b – point i e (new)
Annex IV – paragraph 1 – point b – point i e (new)
(ie) hazardous substances ;
Amendment 777 #
Proposal for a regulation
Annex IV – paragraph 1 – point b – point i f (new)
Annex IV – paragraph 1 – point b – point i f (new)
(if) noise and vibration ;
Amendment 778 #
Proposal for a regulation
Annex IV – paragraph 1 – point b – point i g (new)
Annex IV – paragraph 1 – point b – point i g (new)
(ig) plant safety ;
Amendment 779 #
Proposal for a regulation
Annex IV – paragraph 1 – point b – point i h (new)
Annex IV – paragraph 1 – point b – point i h (new)
(ih) energy use ;
Amendment 780 #
(ii) waste and residues.
Amendment 783 #
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 including community life of indigenous peoples;
Amendment 798 #
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; including but not limited to:
Amendment 800 #
Proposal for a regulation
Annex IV – paragraph 1 – point c – point i (new)
Annex IV – paragraph 1 – point c – point i (new)
i) Ten Principles of the United Nations Global Compact;
Amendment 801 #
Proposal for a regulation
Annex IV – paragraph 1 – point c – point ii (new)
Annex IV – paragraph 1 – point c – point ii (new)
ii) UNEP Guidelines for Social Life Cycle Assessment of Products;
Amendment 802 #
Proposal for a regulation
Annex IV – paragraph 1 – point c – point iii (new)
Annex IV – paragraph 1 – point c – point iii (new)
iii) Convention on Biological Diversity, in particular Decision COP VIII/28- Voluntary guidelines on Biodiversity-Inclusive impact assessment;
Amendment 803 #
Proposal for a regulation
Annex IV – paragraph 1 – point c – point iv (new)
Annex IV – paragraph 1 – point c – point iv (new)
iv) UN Paris Agreement;
Amendment 804 #
Proposal for a regulation
Annex IV – paragraph 1 – point c – point v (new)
Annex IV – paragraph 1 – point c – point v (new)
v) Eight fundamental ILO Conventions as defined under the ILO Declaration on Fundamental Principles and Rights at work;
Amendment 805 #
Proposal for a regulation
Annex IV – paragraph 1 – point c – point vi (new)
Annex IV – paragraph 1 – point c – point vi (new)
vi) any other international environmental conventions that are binding upon the Union or its Member States,
Amendment 806 #
Proposal for a regulation
Annex IV – paragraph 1 – point c – point vii (new)
Annex IV – paragraph 1 – point c – point vii (new)
vii) ILO Declaration on Fundamental Principles and Rights at Work;
Amendment 807 #
Proposal for a regulation
Annex IV – paragraph 1 – point c – point viii (new)
Annex IV – paragraph 1 – point c – point viii (new)
viii) The International Bill of Human Rights, including the international covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights;
Amendment 808 #
Proposal for a regulation
Annex IV – paragraph 1 – point c – point ix (new)
Annex IV – paragraph 1 – point c – point ix (new)
ix) UN Guiding Principles on Business and Human Rights ;
Amendment 809 #
Proposal for a regulation
Annex IV – paragraph 1 – point c – point x (new)
Annex IV – paragraph 1 – point c – point x (new)
x) OECD Guidelines for Multinational Enterprises ;
Amendment 810 #
Proposal for a regulation
Annex IV – paragraph 1 – point c – point xi (new)
Annex IV – paragraph 1 – point c – point xi (new)
xi) OECD Due diligence for Responsible Business Conduct ;
Amendment 811 #
Proposal for a regulation
Annex IV – paragraph 1 – point c – point xii (new)
Annex IV – paragraph 1 – point c – point xii (new)
xii) OECD Due diligence Guidance for Responsible Supply Chains of Minerals from Conflit-Affected and High-Risks Areas ;
Amendment 812 #
Proposal for a regulation
Annex IV – paragraph 1 – point c – point xiii (new)
Annex IV – paragraph 1 – point c – point xiii (new)
xiii) OECD Due Diligence Guidance for Meaningful Stakeholder Engagement in the Extractive Sector
Amendment 818 #
Proposal for a regulation
Annex IV – paragraph 1 – point d a (new)
Annex IV – paragraph 1 – point d a (new)