32 Amendments of Valérie HAYER related to 2023/0079(COD)
Amendment 115 #
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 aerospace 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 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 135 #
Proposal for a regulation
Recital 4
Recital 4
(4) In order to ensure that the measures set out in the Regulation focus on the most relevant materials, a list of strategic raw materials and a list of critical raw materials should be established. Those lists should also serve to guide and coordinate Member States’ efforts to contribute to the realisation of the aims of this Regulation. The list of strategic raw materials should contain raw materials that are of high strategic importance, taking into account their use in strategic technologies underpinning the green and digital transitions or for defence or aerospace applications, that are characterised by a potentially significant gap between global supply and projected demand, and for which an increase in production is relatively difficult, for instance due to long lead-times for new projects increasing supply capacity. To take account of possible technological and economic changes, the list of strategic materials should be periodically reviewed and, if necessary, updated. In order to ensure that efforts to increase the Union capacities along the value chain, reinforce the Union’s capacity to monitor and mitigate supply risks and increase diversification of supply are focused on the materials for which they are most needed, the relevant measures should only apply to the list of strategic raw materials.
Amendment 167 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) To reflect the evolving Union's capabilities in extraction, processing, and recycling, which depend on geology, the Commission should modify the benchmark targets for each strategic raw material, following the issuance of an opinion from the Board. This modification could also occur subsequent to a review of the list of strategic raw materials.
Amendment 173 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Limiting the increase in demand for critical raw materials is one of the levers to strengthen the strategic autonomy of the Union and reduce our global environmental footprint. Therefore, the Commission should develop an indicator to monitor the evolution of the level of criticality and material efficiency of intermediate and final products containing critical raw materials.
Amendment 181 #
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 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. As the Union will remain significantly dependant on third countries for its supply in raw materials, it should be particularly active in international standard setting so that a level-playing field can be reached with European producers respecting ambitious ESG criteria. _________________ 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 201 #
Proposal for a regulation
Recital 16
Recital 16
(16) In light of their importance for ensuring the security of supply of strategic raw materials, Strategic Projects should be considered to be in the public interest. Ensuring the security of supply of strategic raw materials is of crucial importance for the success of the green and digital transitions as well as the resilience of the defence and aerospace sectors. To contribute towards security of supply of strategic raw materials in the Union, Member States may provide for support in national permit granting procedures to speed up the realisation of Strategic Projects in accordance with Union law.
Amendment 221 #
(26) Within the Union, critical raw materials projects often face difficulties with access to finance. Critical raw materials markets are often characterised by high volatility of prices, long lead times, high concentration and opacity. Additionally, financing for the sector requires a high level of expert knowledge that is often lacking among financial institutions. To overcome these factors and contribute towards ensuring a stable and reliable supply of strategic raw materials, Member States and the Commission should assist in access to finance and administrative support. Given the essential nature of critical raw materials for the Digital and Green Transition, the Commission shall adopt as soon as possible a delegated act under the Taxonomy Regulation (EU) 2021/523 defining the technical screening criteria for mining and refining, based on the work of the Platform on Sustainable Finance.
Amendment 325 #
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) One year after the date of entry into force of this Regulation, the Commission, after the issuance of an opinion of the Board, shall set benchmark targets per strategic raw materials at least equivalent to the global targets set in the (i), (ii) and (iii). After every review of the list of strategic raw materials, the Commission, following the issuance of an opinion by the Board, may review the benchmark targets set by strategic raw materials.
Amendment 414 #
Proposal for a regulation
Article 2 – paragraph 1 – point 31
Article 2 – paragraph 1 – point 31
(31) ‘strategic technologies’ means the technologies needed for the green and digital transitions as well as for defence and aerospace applications;
Amendment 627 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission and the Member States shall undertake activities to accelerate and crowd-in private investments in Strategic Projects. Such activities may, without prejudice to Article 107 and Article 108 of the TFEU, includeTo secure consistent supply within the Union, Member States may, in compliance with Article 107 and Article 108 of the TFEU, institute specific support initiatives, including financial safeguards, and may also providing and coordinating support toassistance for Strategic Projects facing difficulties in accessthat are encountering issues in securing finance. ing.
Amendment 714 #
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 2 – point e
Article 19 – paragraph 3 – subparagraph 2 – point e
(e) the users of the relevant raw material along the value chain and their share of demand, with special attention to the manufacturing of technologies relevant for the green and digital transitions as well as defence and aerospace applications.
Amendment 723 #
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Article19a Monitoring the level of the level of criticality and material efficiency of intermediate or final products containing critical raw materials 1. By 31 December 2024, the Commission shall adopt a delegated act to lay down the methodology to monitor the level of criticality and material efficiency of intermediate or final products containing critical raw materials. 2. The Commission shall adopt implementing acts specifying a list of intermediate or final products including critical raw materials for which the level of criticality and material efficiency shall be monitored. 3. After 31 December 2027, the Commission may adopt delegated act supplementing this Regulation by laying down minimum requirements for reducing the level of criticality and material efficiency of intermediate and final products containing critical raw materials.
Amendment 771 #
Proposal for a regulation
Article 25 – paragraph 1 – point b
Article 25 – paragraph 1 – point b
(b) increase the re-use, refurbishing, remanufacturing, and repurposing of products and components with high critical raw materials recovery potential;
Amendment 776 #
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 processing and manufacturing, in particular those originating from production scraps and end-of-life products with a high critical raw materials recovery potential, including, where appropriate, by taking into account recycled content and recyclability in all according processes appropriately into account in award criteria related to public procurement; and by implementing financial incentives to encourage manufacturers to utilize secondary raw materials processed within Europe, or to facilitate the establishment of recycling facilities for strategic raw material waste and production scraps within the Union;
Amendment 791 #
Proposal for a regulation
Article 25 – paragraph 1 – point e a (new)
Article 25 – paragraph 1 – point e a (new)
(ea) implement required actions to ensure that products and materials, exported under the status of 'end of waste', comply with the stipulations laid out in Directive 2008/98/EC and associated EU regulations.
Amendment 795 #
Proposal for a regulation
Article 25 – paragraph 1 – point e b (new)
Article 25 – paragraph 1 – point e b (new)
(eb) establish funding programs in research and innovation, focused on enhancing the recyclability of critical raw materials sourced from production waste and products at the end of their lifecycle, as well as the substitution and development of advanced materials.
Amendment 813 #
Proposal for a regulation
Article 25 – paragraph 7 a (new)
Article 25 – paragraph 7 a (new)
7a. By December 31st, 2023, the Commission shall adopt a delegated act specifying new dedicated waste codes for Lithium-ion batteries and their intermediate waste streams (“black masses”) and setting up a fast-track procedure for their shipment for treatment and recycling within the Union.
Amendment 833 #
Proposal for a regulation
Article 27 – paragraph 10
Article 27 – paragraph 10
10. Products primarily designed for defence or aerospace applications shall be exempted from the requirements of this Article
Amendment 842 #
Proposal for a regulation
Article 28 – paragraph 5 – subparagraph 2
Article 28 – paragraph 5 – subparagraph 2
Natural and legal persons placing on the market products referred to in paragraph 1 shall not provide or display labels, marks, symbols or inscriptions that are likely to mislead or confuse customers with respect to the information referred to in paragraph 1. Products primarily designed for defence or aerospace applications shall be exempted from the requirements of this Article.
Amendment 847 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
Governments or organisations or industrial companies that have developed and oversee certification schemes related to the sustainability of critical raw materials ("scheme owners") may apply to have their schemes recognised by the Commission.
Amendment 849 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
Governments or, organisations or industrial companies that have developed and oversee certification schemes related to the sustainability of critical raw materials ("scheme owners") may apply to have their schemes recognised by the Commission.
Amendment 1021 #
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point k
Annex I – Section 1 – paragraph 1 – point k
(k) Nickel - battery grade
Amendment 1025 #
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point k
Annex I – Section 1 – paragraph 1 – point k
(k) Nickel - battery grade
Amendment 1032 #
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point m
Annex I – Section 1 – paragraph 1 – point m
(m) Rare Earth Elements for magnets (Nd, Pr, Tb, Dy, Gd, Sm, and Ce)
Amendment 1033 #
(m) Rare Earth Elements for magnets (Nd, Pr, Tb, Dy, Gd, Sm, and Ce)
Amendment 1065 #
Proposal for a regulation
Annex I – Section 2 – point 1 – introductory part
Annex I – Section 2 – point 1 – introductory part
1. The strategic importance shall be determined based on the relevance of a raw material for the green and digital transition as well as defence and aerospace applications, taking into account:
Amendment 1072 #
Proposal for a regulation
Annex II – Section 1 – paragraph 1 – point -a (new)
Annex II – Section 1 – paragraph 1 – point -a (new)
(-a) Aluminium
Amendment 1093 #
Proposal for a regulation
Annex II – Section 1 – paragraph 1 – point w
Annex II – Section 1 – paragraph 1 – point w
(w) Nickel – battery grade
Amendment 1142 #
(a) it is open under transparent, fair and non-discriminatory terms to all economic operators willing and able to comply with the scheme’s requirements and it is of multi-stakholder governance;
Amendment 1156 #
Proposal for a regulation
Annex IV – paragraph 1 – point b – point ii
Annex IV – paragraph 1 – point b – point ii
(ii) requirements for ensuring socially responsible practices, including respect for human rights and labour rights including community life of indigenous peoples;
Amendment 1166 #
Proposal for a regulation
Annex IV – paragraph 1 – point c
Annex IV – paragraph 1 – point c
(c) verification and monitoring of compliance is objective, based on international, Union or national standards, requirements and procedures and carried out independently from the relevant economic operator; , such as: (a) the Ten Principles of the United Nations Global Compact; (b) the UNEP Guidelines for Social Life Cycle Assessment of Products; (c) the Convention on Biological Diversity, in particular Decision COP VIII/28- Voluntary guidelines on Biodiversity-Inclusive impact assessment; (d) the UN Paris Agreement; (e) the Eight fundamental ILO Conventions as defined under the ILO Declaration on Fundamental Principles and Rights at work; (f) any other international environmental conventions that are binding upon the Union or its Member States, (g) the ILO Declaration on Fundamental Principles and Rights at Work; and (h) the International Bill of Human Rights, including the international covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.
Amendment 1171 #
Proposal for a regulation
Annex IV – paragraph 1 – point d a (new)
Annex IV – paragraph 1 – point d a (new)
(da) it includes sufficient requirements to ensure public reporting including but not limited to a detailed audit-report at the site level.