Activities of Cornelia ERNST related to 2023/0079(COD)
Plenary speeches (2)
Framework for ensuring a secure and sustainable supply of critical raw materials (debate)
Framework for ensuring a secure and sustainable supply of critical raw materials (debate)
Shadow reports (1)
REPORT 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 (112)
Amendment 108 #
Proposal for a regulation
Recital 1
Recital 1
(1) Access to raw materials is essential for the Union economy and the functioning of the internal market. There is a set of non-energy, non-agricultural raw materials that, due to their high economic importance and their exposure to high supply risk, often caused by a high concentration of supply from a few third countries, are considered critical. Given the key role of many such critical raw materials in realising the green and digital transitions, and in line with the European Green Deal, and in light of their use for defence and space applications, demand will increase exponentially in the coming decades. At the same time, tFor electric vehicle batteries and energy storage, the EU would need up to 18 times more lithium and 5 times more cobalt in 2030, and almost 60 times more lithium and 15 times more cobalt in 2050, compared to the current supply to the whole EU economy. If not addressed, this increase in demand may lead to supply issues. The risk of supply disruptions is increasing against the background of rising geopolitical tensions and resource competition. Furthermore, if not managed properly, increased demand for critical raw materials could lead to negative environmental and social impacts. Considering these trends, it is necessary to take measures to ensure access to a secure and sustainable supply of critical raw materials to safeguard the Union's economic resilience and open strategic autonomy.
Amendment 131 #
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 increaprioritise the circularity and sustainability of the critical raw materials consumed in the Union.
Amendment 149 #
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 on both the demand and supply side. 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 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 +7,5% volume for each strategic raw material, and 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 Council29and 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. Finally, in order to respect the Green Deal and sobriety principle, Union annual consumption of primary strategic raw materials should be reduced by 10%. _________________ 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 177 #
Proposal for a regulation
Recital 10
Recital 10
(10) In order to diversify the Union's supply of strategic raw materials, the Commission should, with the support of the Board, identify Strategic Projects in third countries that intend to become active in the extraction, processing or recycling of strategic raw materials. To ensure that such Strategic Projects are effectively implemented and are mutually beneficial, they should benefit from improved access to finance and knowledge and technology transfer mechanisms. In order to ensure their added value, projects should be assessed against a set of criteria. Like projects in the Union, Strategic Projects in third countries should strengthen the Union's security of supply for strategic raw materials, show sufficient technical feasibility and be implemented sustainably. For projects in emerging markets and developing economies, the project should be mutually beneficial for the Union and the third country involved and add value in that country, taking into account also its consistency with the Union’s common commercial policy. Such value may be derived from the project’s contribution to more than one stage of the value chain as well as from creating through the project wider economic and social benefits, including the creation of employment in compliance with international standards. Where the Commission assesses these criteria to be fulfilled, it should publish the recognition as a Strategic Project in a decision.
Amendment 182 #
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 materials31, including ensuring environmental protection, socially responsible practices, including respect for human rights such as the rights of women, and transparent business 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 criter and corporate accountability mechanisms. In addition, these regulations must be assessed in accordance with international human rights law, international environmental law, and due diligence principles, which have been incorporated into the corpus iuris of international human rights law through judgments, decisions, compliance with relevant Union legislation, international standards, guidelines and principles or participation in a certification scheme recognised under this Regulation should be considered sufficientand resolutions, and are embodied in the United Nations Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises. Projects should also ensure engagement in good faith as well as comprehensive and meaningful priorconsultations with local communities, including with indigenous peoples by respecting the right to the free, prior and informed consultation process. _________________ 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 193 #
Proposal for a regulation
Recital 12
Recital 12
(12) Any promoter of a strategic raw materials project should be able to apply to the Commission for the recognition of their project as a Strategic Project. The application should include several documents and evidence related to the criteria. To better assess the social, environmental and economic viability, the feasibility of the project as well as the level of confidence in the estimates, the project promoter should also provide a classification of the project according to the United Nations Framework Classification for Resources, and to allow for objective validation, they should support this classification with relevant evidence. A timetable for the project should also be attached to an application, in order to estimate when the project would be able to contribute towards the benchmarks for domestic capacity or for diversification. As public acceptance ofparticipation, consultation and consent to mining projects is crucial for their effective implementation, the promoter should also provide a plan containing measures to facilitate such public acceptancedebate and participation. Special attention should be paid to social partners, civil society and other oversight actors. The promoter should also provide a business plan providing information regarding the project’s financial viability and giving an overview of funding and off- take agreements already secured as well as estimates for potential job creation and for the project’s needs in terms of skilled workforce, including upskilling and reskilling.
Amendment 203 #
Proposal for a regulation
Recital 18
Recital 18
(18) At the same time, the unpredictability, complexity and, at times, excessive length of national permit- granting processes undermines the investment security needed for the effective development of strategic raw material projects. Therefore, in order to ensure and speed up their effective implementation, Member States should apply streamlined and predictable permitting procedure to Strategic Projects. To that end, Strategic Projects shouldcan be given priority status at national level to ensure rapid administrative treatment and urgent treatment in all judicial and dispute resolution procedures a more fluent administrative trelating to themment. This Regulation should not prevent competent authorities from streamlining permitting for other projects on the critical raw materials value chain that are not Strategic Projects.
Amendment 204 #
Proposal for a regulation
Recital 19
Recital 19
(19) Given their role in ensuring the Union's security of supply for strategic raw materials, and their contribution to the Union's open strategic autonomy and the green and digital transition, Strategic Projects should be considered by the responsible permitting authority as being in the public interest. Strategic Projects which have an adverse impact on the environment, to the extent it falls under the scope of Directive 2000/60/EC, Council Directive 92/43/EEC and Directive 2009/147/EC39maybe authorised where the responsible permitting authority concludes, based on its case-by- case assessment, that the public interest served by the project overrides those impacts, provided that all relevant conditions set out in those Directives are met. Where relevant, the case-by-case assessment should take into account the geological specificity of extraction sites, which constrains decisions on location. _________________ 39 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7–25)in particular for Natura 2000 sites, cannot be authorised. Where relevant, the case-by-case assessment should take into account the geological specificity of extraction sites, which constrains decisions on location.
Amendment 209 #
Proposal for a regulation
Recital 20
Recital 20
(20) In order to reduce complexity and increase efficiency and transparency in permitting process, project promoters of critical raw materials projects should be able to interact with a single national authority, which is responsible for facilitating and coordinating the entire permit granting process and in the case of Strategic Projects shall issue a comprehensive decision within the applicable time limit. To that end, Member States should designate a single national competent authority. Where needed in light of a Member State's internal organisation, the tasks of the national competent authority should be able to be delegated to a different authority, subject to the same conditions. This designation should not affect the ministerial organisation, including its decisional process. Without affecting the speed of the proceedings, the designated competent authority should request the opinion and involvement of other competent ministries. To ensure the effective implementation of its responsibilities, Member States should provide their national competent authority, or any authority acting on its behalf, with sufficient personnel and resources.
Amendment 216 #
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 261 #
Proposal for a regulation
Recital 41
Recital 41
(41) Most critical raw materials are The OECD (Global Material Resources Outlook to 2060) forecast that the total environmentals, 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 should become increasingly important and reduce the need for primary extraction and its associated impacts. Today, however impact of the production and consumption of the 7 most produced metals will double (or in some cases quadruple) by 2060. This is despite optimistic assumptions about increasing the efficiency of production techniques. The origin of this expected increase is twofold: the increase in production, but also the phenomenon of depletion. Indeed, while the prospect of stock exhaustion is a medium- or long-term one, the decline in the quality of resources over time (depletion), which generally translates into a drop in the grade of exploitable deposits, is already observable and is leading to a worrying increase in the environmental and health impacts of extraction. Thus, the impact in terms of climate change is reinforced by the decrease in grades. Indeed, while recycling should become increasingly important and reduce the need for primary extraction and its associated impacts, a low-grade deposit will require more energy to produce the same amount of metal as a higher-grade deposit, and will therefore produce more greenhouse gas emissions, as shown by historical trends and prospective studies. The same applies for the use of water resources and the production of mining waste. Today, recycling 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 264 #
Proposal for a regulation
Recital 41 a (new)
Recital 41 a (new)
(41a) Against this background, the unbridled increase in the consumption of metallic resources and other raw materials, and therefore in mining production, constitutes a problem for the future of humanity and the preservation of the biosphere. The material footprint of our economies is a major issue and the environmental impacts of mining must be taken into account in any serious foresight or industrial planning exercise. Reducing our footprint is a prerequisite for a sustainable and inclusive society.
Amendment 265 #
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 and recycling 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. In addition, the EU will ensure the responsible end of projects by guaranteeing the rehabilitation and responsible closure of extraction projects in third countries. To this end, it will include explicit provisions in trade agreements and strategic partnerships and projects to ensure compliance and better implementation. The Union will provide the necessary technical and financial support and will have measures in place to control and monitor the closure of those sites.
Amendment 275 #
Proposal for a regulation
Recital 45
Recital 45
(45) Operators of extractive waste facilities, both existing and new, should perform a preliminary economic assessment study regarding the recovery of critical raw materials from extractive waste present on the site and from such waste being generated. In line with the waste hierarchy established in Directive 2008/98/EC of the European Parliament and of the Council46, priority should be given to preventing the generation of waste containing critical raw materials, by extracting critical raw materials from the extracted volume prior to it becoming waste. In elaborating this study, operators should gather the necessary information, including concentrations and quantities of critical raw materials in the extractive waste, and perform an assessment of multiple options regarding processes, operations or business arrangements that could enable an economically , environmentally and sociallyviable recovery of critical raw materials. This obligation comes in addition to obligations laid down in Directive 2006/21/EC and the national laws transposing it and is directly applicable. In its implementation, operators and competent authorities should seek to minimise administrative burden and integrate procedures to the extent possible. _________________ 46 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3-30).
Amendment 276 #
Proposal for a regulation
Recital 46
Recital 46
(46) To address the current lack of information on the critical raw materials potential of closed extractive waste facilities, 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, 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, environmentally and socially 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 gaining the best possible indication of the critical raw materials recovery potential in a way that is least harmful to the environment.
Amendment 279 #
Proposal for a regulation
Recital 47
Recital 47
(47) Permanent magnets are incorporated in a wide variety of products, with wind turbines and electric vehicles being the most important and fastest- growing applications but also other products, including magnet resonance imaging devices, industrial robots, light means of transport, cooling generators, heat pumps, electric motors, industrial electric pumps, automatic washing machines, tumble driers, microwaves, vacuum cleaners and dishwashers containing significant amounts worth recovering. Most permanent magnets, especially the most performant types, contain critical raw materials, such as neodymium, praseodymium, dysprosium and terbium, boron, samarium, nickel or cobalt. Their recycling is possible but today only performed in the Union at a small scale or in the context of research projects. Permanent magnets should therefore be a priority product for increasing circularity. All contained critical raw materials in products and their origin should be listed in the respective product passport.
Amendment 280 #
Proposal for a regulation
Recital 48
Recital 48
(48) A precondition for effective magnet recycling is for recyclincreasing the circularity of magnets is for recyclers, refurbishers and repairers to have access to the necessary information on the amount, type and chemical composition of magnets in a product, their location and the coating, glues and additives used, as well as information on how to remove the permanent magnets from the product. In addition, to ensure a business case for magnet recycling, permanent magnets incorporated in products placed on the Union market should, over time, contain an increasing amount of recycled materials. While providing transparency on the recycled content in a first stage, a minimum content of recycled content should be set after a dedicated assessment of the appropriate level and likely impacts.
Amendment 284 #
Proposal for a regulation
Recital 49
Recital 49
(49) Critical raw materials sold on the Union market are often certified regarding the sustainability of their production and supply chain. Certification can be obtained in the context of a broad range of public and private certification schemes available with varying scopes and stringency, creating the potential for confusion regarding the nature and veracity of claims made about the relative sustainability of critical raw materials placed on the Union market based on such certification. The Commission should be empowered to adopt implementing acts recognising certification schemes that should be considered comprehensive and trustworthy, providing a common basis for authorities and market participants for assessing thcan be used as one instrument to enhance sustainability of critical raw materials. Recognition should be given only to certification schemes that cover a broad range of sustainability aspects, including environmental protection, human rights including labour rights and business transparency, and which contain provisions for independent third party verification and monitoring of compliance. To ensure efficient procedures, promoters of projects applying to be recognised as Strategic Projects should be allowed to rely on participation in a recognised scheme to show that their project is implemented sustainably.
Amendment 285 #
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 with a specific attention to due respect to legislation on forced labour and due diligence, labour rights and ILO recommendations on mining sector, and meaningful engagement with local communities. Those partnerships should seek a more balanced sharing of wealth across the supply and production chain and cover as soon as possible anti- speculation regulation mechanisms to control brokers and speculators. To develop and ensure a coherent framework for the conclusion of future partnerships, the Member States and the Commission should, as part of their interaction on the Board, discuss and ensure coordination on, inter alia, whether existing partnerships achieve the intended aims, the prioritisation of third countries for new partnerships, the content of such partnerships and their coherence and potential synergies between Member States' bilateral cooperation with relevant third countries. The Union should seek mutually beneficial partnerships with emerging market and developing economies, in coherence with its Global Gateway strategy, which contributeplanned with transparency, public scrutiny, designed for the transition of sustainable economies to address climate change and help to provide also basic needs, while upholding human rights, reducing inequalities and not only de-risking mechanism for private sector competition, while contributing to the diversification of its raw materials supply chain as well as add value in the production in these countries.
Amendment 292 #
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 civil society and 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 as well as sustainability, 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 297 #
Proposal for a regulation
Recital 57
Recital 57
(57) To keep administrative burden put on Member States to a minimum, the different reporting obligations should be streamlined and the Commission should develop a template allowing Member States to fulfil their reporting obligations on projects, exploration, circularity, monitoring or strategic stocks within a regularly published single document, that may be confidential or restricted.
Amendment 299 #
Proposal for a regulation
Recital 62
Recital 62
(62) The Commission should carry out an evaluation of this Regulation. Pursuant to paragraph 22 of the Interinstitutional Agreement on Better Law-Making, that evaluation should be based on the five criteria of efficiency, effectiveness, relevance, coherence and EU value added and should provide the basis for impact assessments of possible further measures, in particular on human rights, environment and circularity. The Commission should submit to the European Parliament, to the Council, the European Economic and Social Committee, a report on the implementation of this Regulation and progress towards achieving its objectives, including the capacity and diversification benchmarks. The report should also, based on the implementation of the measures related the transparency of the environmental footprint of critical raw materials, assess the appropriateness of establishing maximum thresholds related to the environmental footprint.
Amendment 308 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The general objective of this Regulation is to improve the functioning of the internal market by establishing a framework to ensure the Union's access to a secure and sustainable supply of critical raw materials and their circular, sustainable use, in line with the Green Deal and planetary boundaries.
Amendment 319 #
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 +7,5% volume for each strategic raw material, and at least 15% of the Union's annual consumption ofor each strategic raw materials.
Amendment 331 #
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) Union consumption of primary strategic raw materials is reduced by 10%, in particular by promoting circularity and prevention of use.
Amendment 336 #
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) diversify the Union's imports of strategic raw materials with a view to ensure that, by 2030, the Union's annual consumption of each strategic raw material at any relevant stage of processing can rely on sustainable and socially fair imports from several third countries, none of which provide more than 65% of the Union's annual consumption;
Amendment 346 #
Proposal for a regulation
Article 1 – paragraph 2 – point c a (new)
Article 1 – paragraph 2 – point c a (new)
(ca) ensure the Union’s capacity to mitigate criticality by identifying excess consumption of raw materials in those sectors that are not relevant or counterproductive to the objectives set out in the European Green Deal and the Circular Economy Action Plan, and to aim for establishing concrete targets to reduce overall raw material demand within the European Union;
Amendment 350 #
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 athe highest level of environmental protection, notably by improving their circularity, durability, repairability, reuseability and sustainability.
Amendment 352 #
Proposal for a regulation
Article 1 – paragraph 2 – point d a (new)
Article 1 – paragraph 2 – point d a (new)
(da) support just energy transition in the Union, with policies that respect due diligence, human rights and the environment, and that enable Member States to meet their international climate commitments;
Amendment 361 #
Proposal for a regulation
Article 1 – paragraph 2 – point d b (new)
Article 1 – paragraph 2 – point d b (new)
Amendment 369 #
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, resource use or resource efficiency, possibility of remanufacturing and recycling, recycled content and possibility of recovery of materials. The Commission can provide exceptions in the case of bismuth, whose use is mainly dissipative, and boron, which is considered under the articles on the recycling of neodymium magnets (NdFeB).
Amendment 370 #
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, resource use or resource efficiency, possibility of remanufacturing and recycling, recycled content and possibility of recovery of materials. The Commission shall assess which part of these targets is achieved through recycling of end-of-life goods and from "pre-consumption" recycling, i.e. scraps from metallurgy or manufacturing.
Amendment 389 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘extraction’ means the primary extraction of ores, minerals and plant products from their original source, including from a mineral occurrence underground, mineral occurrence underfrom water, sea brine and trees;
Amendment 393 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
(8) ‘reserves’ means all mineral occurrences that are economically, environmentally and socially viable to extract;
Amendment 409 #
Proposal for a regulation
Article 2 – paragraph 1 – point 30
Article 2 – paragraph 1 – point 30
(30) ‘large company’ means any company that had more than 500 employees on average and had a net worldwide turnover of more than EUR 150 million in the last financial year for which annual financial statements have been prepared, in line with Directive 2013/34/EU ;
Amendment 422 #
Proposal for a regulation
Article 2 – paragraph 1 – point 62
Article 2 – paragraph 1 – point 62
(62) ‘Strategic Partnership’ means a reciprocal commitment between the Union and a third country to increase cooperation related to the raw materials value chain that is established through a non-binding instrument setting out concrete actions of mutual interest.
Amendment 432 #
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
An updated list of strategic raw materials shall include, from among the critical raw materials assessed, the raw materials that score among the highest in terms of strategic importance, forecasted demand growth and difficulty of increasing production and most importantly shall support the aims outlined in Article 1, paragraphs 1 and 2. The strategic importance, projected demand growth and difficulty of increasing production shall be determined in accordance with Annex I, Section 2.
Amendment 472 #
Proposal for a regulation
Article 5 – paragraph -1 (new)
Article 5 – paragraph -1 (new)
-1. The prioritisation shall be distributed between extraction, processing and recycling activities in proportion to the volumes required to achieve the self- sufficiency objectives set out in Article 1. Priority shall be given to projects in the area of material recovery, recovery from extractive waste and integrated recycling in order to achieve the Union’s objectives in Article 1(2)(iii).
Amendment 484 #
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 socio- environmental impacts, consistent with the precautionary principle, the use of socially responsible practices including respect of human and labour rights, including, but not limited to, the fulfilment of human rights and environmental due diligence obligations, quality jobs potential and meaningful engagement with local communities and relevant social partners, and the use of transparent business practices with adequate strong compliance policies to prevent and minimise risks of adverse impacts on the proper functioning of public administration, including corruption and bribery;
Amendment 487 #
Proposal for a regulation
Article 5 – paragraph 1 – point c a (new)
Article 5 – paragraph 1 – point c a (new)
(ca) the project would effectively ensure consultation, information of local populations within a proper time frame, in accordance with Article 9a;
Amendment 494 #
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 countryand respecting international standards and conventions, and the highest environmental and human rights standards in that country and Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937, including by establishing cooperation agreements to enable access to justice and redress for communities in third countries affected by the human rights and environmental violations of companies involved in the strategic projects covered by this Regulation.
Amendment 501 #
Proposal for a regulation
Article 5 – paragraph 1 – point e a (new)
Article 5 – paragraph 1 – point e a (new)
Amendment 503 #
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 and, where appropriate, relevant national laws of the third country where the project is established.
Amendment 509 #
Proposal for a regulation
Article 6 – paragraph 1 – point a a (new)
Article 6 – paragraph 1 – point a a (new)
(aa) relevant evidence that the project is not on a Natura 2000 sites;
Amendment 513 #
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 ofensure public participation and transparency, in particular with a view to respect internationally recognised right to give or withhold Free, Prior and Informed Consent of Indigenous communities, and to ensure that local populations have been properly consulted, informed and consented within a proper time frame to the project, in line with Article 9a and outlining the foreseen recurrent communication channels with the local communities and organisations, including social partners, the implementation of awareness-raising and information campaigns and the establishment of mitigation and compensation mechanisms;
Amendment 519 #
Proposal for a regulation
Article 6 – paragraph 1 – point d a (new)
Article 6 – paragraph 1 – point d a (new)
(da) relevant evidence that the project promoter has no track record in human rights nor environmental violations;
Amendment 522 #
Proposal for a regulation
Article 6 – paragraph 1 – point f a (new)
Article 6 – paragraph 1 – point f a (new)
(fa) evidence that it is in line with the Eligibility, Excluded Activities and Excluded sectors list of the European Investment Bank;
Amendment 526 #
Proposal for a regulation
Article 6 – paragraph 1 – point g a (new)
Article 6 – paragraph 1 – point g a (new)
(ga) a plan for the re-naturalisation of the site after its extraction use.
Amendment 530 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission is empowered to adopt implementing acts establishing a template to be used by project promoters for the applications referred to in paragraph 1. The template may indicate how the information referred to in paragraph 1 shall be expressed. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 37(2) no later than July 2024.
Amendment 532 #
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) no later than within 3 months of the application. The Board shall invite the relevant representatives from industry, local communities and civil society for these discussions, and publish an opinion following a broad consultation.
Amendment 535 #
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 legal base for an objection is EU environmental legislation, such as the respect of the Habitat Directive, in particular the protection of Natura 2000 sites. The Board shall discuss the substantiated reasons presented by a Member State 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 546 #
Proposal for a regulation
Article 6 – paragraph 8
Article 6 – paragraph 8
8. Where the Commission finds that a Strategic Project no longer fulfils the criteria set out in Article 5(1) or where its recognition was based on an application containing incorrect information, it may,shall, following the hearing of the project promoter if appropriate, and taking into account the opinion of the Board and the responsible project promoter, repeal the decision granting a project the status of Strategic Project.
Amendment 550 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Strategic Projects shall be considered to contribute to the security of supply and sustainable production of strategic raw materials in the Union, in line with the aims outlined in article 1 of this regulation.
Amendment 555 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. With regard to the environmental impacts addressed inStrategic Projects in the Union shall not fall within the scope of the derogations under Articles 6(4) and 16(1)(c) of Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC and Article 9(1)(a) of Directive 2009/147/EC, Strategic Projects in the Union shall be considered as being of public interest or serving public health and safety, and may be considered as having an overriding public interest provided that all the conditions set out in those Directives are fulfilled.
Amendment 564 #
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 as well as its comprehensive methodology and plan for public participation, in line with Article 9a. 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.
Amendment 568 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article7a End of life of Strategic projects When a Strategic project no longer fulfils the criteria set out in Article 5(1) or where its recognition was based on an application containing incorrect information, or reaches the end of its lifespan as its resources are fully exploited, the Commission shall ensure the project promoter is responsible for the sustainable closure of the extraction site. To that intent, a dedicated funding is established. The funding shall support primarily SMEs for the following tasks to be fulfilled by the project promoter : – recovery of potential waste; – re-naturalisation of the site; and – training and reemployment of workers.
Amendment 569 #
1. By [OP please insert: 3 months after the date of entry into force of this Regulation], Member States shall designate one national competent authority which shall be responsible for facilitating and coordinating the permit-granting process for critical raw material projects and provide information on the elements referred to in Article 17. This designation shall not affect the ministerial organisation, including its decisional process. Without affecting the speed of the proceedings, the designated competent authority shall request the opinion and involvement of other competent ministries.
Amendment 590 #
Proposal for a regulation
Article 8 – paragraph 8 – point a
Article 8 – paragraph 8 – point a
(a) periodically discuss the implementation of this Section and share best-practices for speeding up permitting procedure for critical raw material projects as well as to improve their public acceptanceparticipation and consultation;
Amendment 591 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. For the purpose of ensuring efficient administrative processing of the permitting processes related to Strategic Projects in the Union, project promoters and all authorities concerned shall ensure that those processes are treated in the mosta rapid way possible, in accordance with Union and national law and while respecting conditions set out in Article 9a.
Amendment 592 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Without prejudice to obligations provided for in Union law, in particular environmental law, Strategic Projects in the Union shallmay 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, with due respect to Article 7(2). Strategic Projects shall not fall within the scope of the derogations under Articles 6(4) and 16(1)(c) of Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC and Article 9(1)(a) of Directive 2009/147/EC.
Amendment 595 #
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Article9a Transparency and public participation 1. Through their one-stop shop, national competent authorities ensure all strategic projects and national programme for general exploration and possible extraction sites are displayed on a single website, in a user-friendly manner, to ensure the public can have a general overview and develop an informed opinion, in accordance with Article 18. 2. The project promoter shall, within an indicative period of three months when applying for the permit granting process, draw up and submit a comprehensive methodology and plan for public participation to the national competent authority. The latter shall request modifications or approve the plan for public participation within three months. Where the project promoter intends to make significant changes to an approved plan, it shall inform the competent authority thereof. In that case, the national competent authority may request modifications. The methodology and plan shall be displayed on the project promoter dedicated project website, in accordance with Article 7(9). Project promoters shall also publish relevant information by other appropriate information means open to the public. The Commission may adopt a delegated act to detail the requirements of the methodology and plan. 3. At least one public consultation shall be carried out by the project promoter, or, where required by national law, by the competent authority, before submission of the final and complete application file to the competent authority. The project promoter shall prepare a report summarising the results of activities related to the participation of the public prior to the submission of the application file. The project promoter shall submit that report together with the application file to the competent authority. Due account shall be taken of these results in the comprehensive decision.
Amendment 603 #
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 36 months and the time limits referred to in paragraph 1, point (b), and 2, point (b), by a maximum of 12 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 613 #
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
Amendment 614 #
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 2
Article 11 – paragraph 2 – subparagraph 2
Amendment 615 #
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 3
Article 11 – paragraph 2 – subparagraph 3
Amendment 616 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The time-frame for consulting the public concerned on the environmental impact assessment report referred to in Article 5(1) of Directive 2011/92/EU shall not be longer than 9120 days in the case of Strategic Projects but not shorter than 60 days.
Amendment 621 #
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 forestryforestry. Natura 2000 sites shall be strictly excluded.
Amendment 625 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The provisions set out in this Regulation are without prejudice to the obligations under Articles 64, 6, 7 and 79 of the United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, signed at Aarhus on 25 June 1998, and under the UNECE Convention on environmental impact assessment in a transboundary context, signed at Espoo on 25 February 1991.
Amendment 637 #
Proposal for a regulation
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
(b) assistance to project promoters to further increase the public acceptanceparticipation and consultation of the project.
Amendment 670 #
Proposal for a regulation
Article 17 – paragraph 1 – point d a (new)
Article 17 – paragraph 1 – point d a (new)
(da) human rights and environment due diligence policy and reportings.
Amendment 684 #
Proposal for a regulation
Article 18 – paragraph 5 – subparagraph 2
Article 18 – paragraph 5 – subparagraph 2
Amendment 691 #
Proposal for a regulation
Article 19 – paragraph 1 – point d a (new)
Article 19 – paragraph 1 – point d a (new)
(da) situations of risk and violation of human rights in third countries, including territories with armed conflicts, understood as a cause for revaluation of raw material source projects.
Amendment 694 #
Proposal for a regulation
Article 19 – paragraph 1 – point d b (new)
Article 19 – paragraph 1 – point d b (new)
(db) threats to biodiversity, sensitive ecosystems and territorial rights of indigenous peoples and rural communities;
Amendment 697 #
Proposal for a regulation
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1a. The Commission shall also monitor the overcapacities in third countries for critical and strategic raw materials, whether on a sectoral or individual basis, in order to provide a relevant assessment of the impact of overcapacities in third countries and identify potential threats to the Union industry.
Amendment 738 #
7a. Member States shall ensure that stockpiling does not lead to trade distortions at the expense of emerging and developing countries.
Amendment 752 #
1. Each Member State shall by [OP please insert: 3 year18 months after the date of entry into force of this Regulation] adopt and implement national programmes containing measures designed to:
Amendment 758 #
Proposal for a regulation
Article 25 – paragraph 1 – point a
Article 25 – paragraph 1 – point a
(a) increase the collection of waste with high critical raw materials recovery and reuse potential and ensure their introduction into the appropriate recycling systempreparation for reuse and recycling system, such as deposit system in line with Article 4 of Directive 2018/851/EU, with a view to maximising the the lifespan of products and availability and quality of high recyclable recyclable material as an input to critical raw material recycling facilities;
Amendment 769 #
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 requirements for Critical Raw Material equipment and components, and mandatory tests to determine whether it is technically possible and ecologically reasonable for CRM equipment and components to be repurposed for second life;
Amendment 778 #
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 and promote the refurbishment of product, including, where appropriate, by taking recycled content and the possibility of refurbishment into account in award criteria related to public procurement;
Amendment 790 #
Proposal for a regulation
Article 25 – paragraph 1 – point e a (new)
Article 25 – paragraph 1 – point e a (new)
(ea) promote in their regulations and national programs the consolidation of capacity building and technology transfer programs to promote the responsible recycling of critical minerals in producing countries.
Amendment 799 #
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
1a. National programmes shall be updated regularly, assessing in particular whether the measures taken in accordance with paragraph 1 are sufficient.
Amendment 802 #
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 2
Article 25 – paragraph 2 – subparagraph 2
With respect to points (a), (b) and (bc) of paragraph 1, the programmes referred to in that paragraph may include, without prejudice to Articles 107 and 108 of the TFEU, the introduction of financial incentives, such aseconomic instruments, such as those reffered in Annex IVa of Directive (EU) 2018/851, including discounts, monetary rewards or deposit-refund systems, to encourage the re-use of products with high critical raw materials recovery potential and the collection of waste from such products.
Amendment 807 #
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 and reusable from those products, components and waste streams:
Amendment 809 #
Proposal for a regulation
Article 25 – paragraph 7 – subparagraph 2 – point d
Article 25 – paragraph 7 – subparagraph 2 – point d
(d) particular challenges affecting their collection, preparation for reuse and waste treatment;
Amendment 810 #
(e) existing systems of collection, preparation for reuse and waste treatment applying to them.
Amendment 818 #
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 831 #
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 independent repairers, refurbishers and recyclers, market surveillance authorities and customs authorities.
Amendment 838 #
Proposal for a regulation
Article 28 – paragraph 3 – subparagraph 1
Article 28 – paragraph 3 – subparagraph 1
After 31 December 203025, 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 859 #
Proposal for a regulation
Article 29 – paragraph 5 a (new)
Article 29 – paragraph 5 a (new)
5a. The Commission shall develop a portal where stakeholders are able to submit feedback about a given scheme, in order for the Commission to be able to have an independent assessment.
Amendment 860 #
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 appropri maximum 3 months to take remedial action. Following thate period of time to take remedial action, if the deficiency persists, the Commission shall no longer recognise the scheme.
Amendment 865 #
Proposal for a regulation
Article 29 – paragraph 8 a (new)
Article 29 – paragraph 8 a (new)
8a. A company that is a member of a recognised certification scheme, shall not be exempt of its obligations under this Regulation, Union, national and International law.
Amendment 868 #
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. The footprint declaration shall be limited to that impact category for different critical raw materials, including but not limited to carbon footprint, impact on biodiversity, water consumption and waste disposal.
Amendment 870 #
Proposal for a regulation
Article 30 – paragraph 3 – point a a (new)
Article 30 – paragraph 3 – point a a (new)
(aa) how such criteria will impact projects and undertakings in Europe, notably circularity and recycling undertakings;
Amendment 873 #
Proposal for a regulation
Article 30 – paragraph 4 – point b
Article 30 – paragraph 4 – point b
Amendment 875 #
Proposal for a regulation
Article 31 – paragraph 1 a (new)
Article 31 – paragraph 1 a (new)
1a. Member States shall not make available on the market or put into service critical raw materials, where it is identified that their extraction or processing could cause harm to the environment, including biodiversity loss, or aggravate climate change, while scientific uncertainty persists.
Amendment 885 #
Proposal for a regulation
Article 33 – paragraph 1 – point a – point iii
Article 33 – paragraph 1 – point a – point iii
(iii) improving cooperation along the critical raw materials value chain between the Union and partner countries as well as ensuring due diligence and respect for human rights by all actors involved along the value chain;
Amendment 889 #
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) the Union’s climate and environmental objectives;
Amendment 896 #
Proposal for a regulation
Article 33 – paragraph 1 – point c – point i a (new)
Article 33 – paragraph 1 – point c – point i a (new)
(ia) the contribution to the fulfilment of international obligations in the areas of human rights, environment, climate and protection of fragile ecosystems, which the countries of the Union have assumed following the ratification of ILO Convention 169, the European legislation on forced labour and due diligence, the Ramsar Convention, the Convention on Biological Diversity and the Paris Agreement, among others.
Amendment 898 #
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 effective implementation 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, a more balanced sharing of wealth across the supply and production chain, the necessity to implement as soon as possible anti-speculation regulation mechanisms to control brokers and speculators, the use of transparent business practices and the prevention of adverse impacts on the proper functioning of public administration and the rule of law;
Amendment 903 #
Proposal for a regulation
Article 33 – paragraph 1 – point c – point iii
Article 33 – paragraph 1 – point c – point iii
(iii) whether there are existing cooperation agreements between a third country and the Union and, for emerging markets and developing economies, the potential for the deployment of Global Gateway investment projects planned with transparency, public scrutiny, designed for the transition of sustainable economies to address climate change and help to provide also basic needs, while upholding human rights, reducing inequalities and not only de-risking mechanism for private sector competition.
Amendment 913 #
Proposal for a regulation
Article 33 – paragraph 3 – point a
Article 33 – paragraph 3 – point a
(a) coordinate with the Commission to ensure coherence between their bilateral cooperation with relevant third countries and the Union's non-binding Strategic Partnerships with third countries, whose scope at least includes critical raw materials value chain as well as to ensure the consolidation of capacity building and technology transfer programs to promote the responsible recycling of critical minerals in producing countries;
Amendment 943 #
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 civil society representatives, academics, and various other institutions including the European Environment Agency and the European Chemicals Agency.
Amendment 952 #
Proposal for a regulation
Article 35 – paragraph 7 – subparagraph 2
Article 35 – paragraph 7 – subparagraph 2
Where appropriate, the Board may 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 954 #
Observers and experts shall not have voting rights and shall not participate in the formulation of opinions, recommendations or advice of the Board and its sub-groups.
Amendment 973 #
Proposal for a regulation
Article 45 – paragraph 1
Article 45 – paragraph 1
By 12 months after entry into force of the Regulation, Member States shall lay down rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall, without delay, notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them. Those rules and measures shall contain at least sanction components such as: (a) Compliance with mandatory due diligence procedures and requirements. (b) In accordance with Recital 3, sanctions will be defined in accordance with the principle of the highest human rights and environmental standards. (c) In countries where corporate criminal liability exists, corporate criminal liability will be considered as a standard. (d) Transitory or permanent sanctions may be established, such as moratoriums on the participation of certain companies in the extraction of resources in territories where high levels of socio-environmental conflict persist or where armed conflicts are active.
Amendment 1116 #
Proposal for a regulation
Annex III – point 4 – point i a (new)
Annex III – point 4 – point i a (new)
(ia) EIB Eligibility, Excluded Activities and Excluded sectors list; UN Declaration on the rights of Indigenous Peoples (UNDRIP); ILO Convention n°169; Paris Agreement.
Amendment 1128 #
Proposal for a regulation
Annex III – point 4 – paragraph 1 – introductory part
Annex III – point 4 – paragraph 1 – introductory part
Project promoters may also attestbring additonal evidence of the standards set out in the points above for compliance with the criterion referred to in Article 5(1), point (c) by:
Amendment 1132 #
Proposal for a regulation
Annex III – point 4 – paragraph 1 – point a
Annex III – point 4 – paragraph 1 – point a
(a) providing evidence that the project concerned is individually certified at site level as part of a recognised scheme referred to in Article 29; or
Amendment 1134 #
Proposal for a regulation
Annex III – point 4 – paragraph 1 – point b
Annex III – point 4 – paragraph 1 – point b
Amendment 1162 #
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 and robust anti-corruption and bribery policies in line with the OECD Guidelines outlined in Annex III;
Amendment 1170 #
Proposal for a regulation
Annex IV – paragraph 1 – point d a (new)
Annex IV – paragraph 1 – point d a (new)
(da) it includes an on-site audit with in- person consultation with relevant stakeholders including local communities, civil society, workers, trade unions;
Amendment 1172 #
Proposal for a regulation
Annex IV – paragraph 1 – point d b (new)
Annex IV – paragraph 1 – point d b (new)
(db) audit reports are made available in a transparent manner and grievance mechanisms are put in place in accordance with the UNGP.