38 Amendments of Fabio Massimo CASTALDO related to 2023/0079(COD)
Amendment 48 #
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 light of their use for defence and space applications, demand will increase exponentially in the coming decades. At the same time, 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, economic 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 57 #
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, refining, 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 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, including reinforcing research and development of alternative materials and technical solutions as well as extraction, refinement, production and recycling processes.
Amendment 66 #
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 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 10% for each strategic raw material as well as 25 % of the Union’s annual aggregated consumption of 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 70 #
Proposal for a regulation
Recital 7
Recital 7
(7) For some raw materials, the Union is almost fully dependent on a single country for its supply. Such dependencies entail a high risk of supply disruptions. To limit such potential risk and increase the Union’s economic resilience, efforts should be undertaken to ensure that, by 2030, it is not dependent on a single third country for more than 650% of its supply of any strategic raw material, unprocessed and at any stage of processing, giving however special consideration to countries with whom the Union has established a Strategic Partnership on raw materials giving rise to greater assurances regarding supply risks.
Amendment 77 #
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 in accordance with the ‘do no significant harm’ principle within the meaning of Article 17 of Regulation (EU) 2020/852. 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 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 90 #
Proposal for a regulation
Recital 31
Recital 31
(31) The volatile prices of several strategic raw materials, exacerbated by limited means to hedge them on forward markets, create an obstacle both for project promoters to secure financing for strategic raw material projects as well as for downstream consumers looking to secure stable and predictable prices for key inputs. In an effort to reduce uncertainty over future prices for strategic raw materials, it is necessary to provide for the setting up of a system that enables both interested off- takers and promoters of Strategic Projects, including SMEs, to indicate their buying or selling bids and to bring them in contact if the respective bids are potentially compatible.
Amendment 94 #
Proposal for a regulation
Recital 34
Recital 34
(34) Although the reinforcement of the Union’s critical raw materials value chain is necessary to ensure increased security of supply, the supply chains of critical raw materials will remain global and exposed to external factors. Recent or ongoing events ranging from the COVID-19 crisis to the unprovoked and unjustified military aggression against Ukraine, as well as a more complex geopolitical situation worldwide, underlined the vulnerability of some of the Union’s supply chains to disruptions. In order to ensure that Member States and European industries are able to anticipate supply disruption and prepared to withstand their consequences, measures should be developed to increase monitoring capacity, coordinate strategic stocks and reinforce the preparedness of companies.
Amendment 97 #
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 the sustainability of critical raw materials in accordance with the ‘Do No Significant Harm’ principle within the meaning of Article 17 of Regulation (EU) 2020/852. 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 104 #
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, 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 and if they don't how they should be amended, 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 contribute to the diversification of its raw materials supply chain as well as add value in the production in these countries.
Amendment 105 #
Proposal for a regulation
Recital 55
Recital 55
(55) In order to support the implementation of tasks pertaining to the development of Strategic Projects and their financing, exploration programmes, monitoring capacities or strategic stocks and to advise the Commission appropriately, a European Critical Raw Materials Board should be established. The Board should be composed of Member States and of the Commission, while being able to ensure participation of other parties as observers. To develop the necessary expertise for the implementation of certain tasks, the Board should establish standing sub-groups on financing, exploration, monitoring and strategic stocks, that should act as a network by gathering the different relevant national authorities, economic operators and, when necessary, consult industry, including SMEs, academia, civil society and other relevant stakeholders. TAlthough non-binding, the Board’s advice and opinions should be non-binding andtaken into due consideration and prioritised by the Commission. However, 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 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 in accordance with the ‘do no significant harm’ principle within the meaning of Article 17 of Regulation (EU) 2020/852.
Amendment 112 #
Proposal for a regulation
Article 1 – paragraph 2 – introductory part
Article 1 – paragraph 2 – introductory part
2. To achieve the general objective referred to in paragraph 1, this Regulation aims to:
Amendment 113 #
Proposal for a regulation
Article 1 – paragraph 2 – point a – introductory part
Article 1 – paragraph 2 – point a – introductory part
(a) strengthen the different stages of the strategic raw materials value chain with a view to ensure that, by 2030 and in the following decades, Union capacities for each strategic raw material have significantly increased so that, overall, Union capacity approaches or reaches the following benchmarks:
Amendment 114 #
Proposal for a regulation
Article 1 – paragraph 2 – point a – point iii
Article 1 – paragraph 2 – point a – point iii
(iii) Union recycling capacity, including for all intermediate recycling steps, is able to produce at least 150% of the Union's annual consumption of each strategic raw material as well as 25% of the Union's aggregated consumption of strategic raw materials.
Amendment 116 #
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 imports from several third countries, none of which provide more than 650% of the Union's annual consumption;
Amendment 128 #
Proposal for a regulation
Article 2 – paragraph 1 – point 50 a (new)
Article 2 – paragraph 1 – point 50 a (new)
(50a) ‘loudspeaker’ is an electroacoustic transducer that converts an electrical audio signal into sound. It consists of various components, such as a diaphragm or cone, voice coil, magnet or permanent magnet, and enclosure, which work together to produce sound waves;
Amendment 130 #
Proposal for a regulation
Article 2 – paragraph 1 – point 62
Article 2 – paragraph 1 – point 62
(62) ‘Strategic Partnership’ means a commitment between the Union and a third country to increase cooperation related to the raw materials value chain that is established through abinding and non- binding instruments setting out concrete actions of mutual interest.
Amendment 139 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) the project would be implemented sustainably, when based in a Member State or in a third country, would be implemented sustainably in accordance with the ‘do no significant harm’ principle within the meaning of Article 17 of Regulation (EU) 2020/852, in particular as regards the monitoring, prevention and minimisation of environmental impacts, the use of socially responsible practices including respect of human and labour 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;
Amendment 142 #
Proposal for a regulation
Article 5 – paragraph 1 – point d a (new)
Article 5 – paragraph 1 – point d a (new)
(da) Information on sustainability performance and key metrics, such as greenhouse gas emissions, water usage, waste generation, and social impacts;
Amendment 145 #
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 economic and social value in that country, reaching the benchmark established in Article 1(2)(b), and should be coherent with the Regulation (EU) 2017/821 (Conflict Minerals Regulation).
Amendment 154 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. With regard to the environmental impacts addressed in 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, including when promoting environmental protection, social justice and ethical trade practices, or serving public health, safety and economic interest, and may be considered as having an overriding public interest provided that all the conditions set out in those Directives are fulfilled.
Amendment 156 #
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 or a dedicated and well visible section of the company's main 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.
Amendment 157 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
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, including its environmental assessment, and provide information on the elements referred to in Article 17.
Amendment 171 #
Proposal for a regulation
Article 19 – paragraph 1 – point c a (new)
Article 19 – paragraph 1 – point c a (new)
(ca) alternative supplies for raw materials;
Amendment 173 #
Proposal for a regulation
Article 19 – paragraph 1 – point d a (new)
Article 19 – paragraph 1 – point d a (new)
(da) trade in waste, scrap and secondary raw materials.
Amendment 176 #
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 2 – point a
Article 19 – paragraph 3 – subparagraph 2 – point a
(a) where the raw material concerned is sustainably extracted, processed or recycled;
Amendment 179 #
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, trade disputes, environmental restrictions, conservation measures, sustainability standards, logistics, energy supply, workforce or natural disasters;
Amendment 181 #
Proposal for a regulation
Article 20 – paragraph 2 – introductory part
Article 20 – paragraph 2 – introductory part
2. Member States, after consulting relevant stakeholders and SMEs representatives, shall identify key market operators along the critical raw materials value chain established in their territory and shall:
Amendment 182 #
Proposal for a regulation
Article 24 – paragraph 2 – point b
Article 24 – paragraph 2 – point b
(b) set minimum amounts of demanded material without prejudice to the ability of small market actors to participate in the system, taking into account the aggregate needs of SMEs, the expected number of interested participants and the need to ensure a manageable amount of participants.
Amendment 188 #
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. The national measures referred to in paragraphs 1 and 2 shall be designed so as to avoid barriers to trade, export restrictions and distortions of competition in conformity with the TFEU.
Amendment 189 #
Proposal for a regulation
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
1. From [OP please insert: 3 years after the date of entry into force of this Regulation], any natural or legal person that places on the market magnetic resonance imaging devices, wind energy generators, industrial robots, motor vehicles, light means of transport, cooling generators, heat pumps, electric motors, loudspeakers, including where they are integrated in other products, automatic washing machines, tumble driers, microwaves, vacuum cleaners or dishwashers shall ensure that those products bear a conspicuous, clearly legible and indelible label indicating:
Amendment 198 #
Proposal for a regulation
Article 30 – paragraph 4 – point b
Article 30 – paragraph 4 – point b
(b) ensure that any such measure is not prepared, adopted or applied with a view to or with the effect of creating unnecessary obstacles to international trade and customs procedures, and is no more trade- restrictive than necessary to achieve the Union’s climate, social and environmental objectives, having regard to the ability of third-country suppliers to comply with such a declaration such that aggregate trade flows and critical raw materials costs are not disproportionately affected;
Amendment 208 #
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 by harmonizing of regulatory frameworks, standards and certificates, promting investment, encouraging public-private partnerships and exploring sector-specific collaboration;
Amendment 213 #
Proposal for a regulation
Article 33 – paragraph 1 – point c – point i
Article 33 – paragraph 1 – point c – point i
(i) the potential contribution to security of supply and diversification, taking into account a third country's potential reserves, extraction, processing and recycling capacities related to critical raw materials as well as its reliability as a supplier;
Amendment 218 #
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 and social impacts, the use of socially responsible practices including respect of human and labour rights and meaningful engagement with local communities, the use of accountable and transparent business practices and the prevention of adverse impacts on local communities and the proper functioning of public administration and the rule of law;
Amendment 227 #
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 binding and non-binding Strategic Partnerships with third countries, whose scope at least includes critical raw materials value chain;
Amendment 232 #
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 its representatives 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 233 #
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 industry representatives from the strategic sectors involved, with particular attention to the representatives of national SMEs