Activities of Jordi SOLÉ related to 2023/0079(COD)
Plenary speeches (1)
Framework for ensuring a secure and sustainable supply of critical raw materials (debate)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulations (EU) 168/2013, (EU) 2018/858, 2018/1724 and (EU) 2019/1020
Amendments (34)
Amendment 68 #
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 riskLikewise, a large number of strategic raw materials are sourced from countries in which mining is linked to serious human rights abuses, the deterioration of governance, conflicts, and environmental destruction. To limit such adverse effects 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 65% 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 riskand has implemented autonomous and collaborative measures to mitigate the risk of human rights abuses and environmental destruction in the raw material supply chain, including via the use of Strategic Partnerships.
Amendment 71 #
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, they should benefit from improved access to finance. In order to ensure their added value, projects should be assessed against a set of criteria, taking into account that in the past for a majority of resource-rich developing countries, mining, oil or gas exploitation has not translated into broader-based economic, human and social development. Like projects in the Union, all 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, in compliance with due diligence processes as defined by EU legislation and OECD Guidelines for Multinational Enterprises and Due Diligence Guidance for Responsible Business Conduct and Responsible Supply Chains of Minerals from conflict-affected and high-risk areas, addressing adverse impacts on human rights and environmental, rule of law and good governance, as well as the FAO Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests, where land tenure rights are concerned . 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 that for mineral-rich developing countries, realising the full potential of the mining sector as a catalyst for sustainable development is fraught with many challenges, which includes i.a.: the finite nature of mineral deposits; the “enclave” nature of the extractive industry, with few links to the local economy; the volatility in commodity prices; limited national capacities, which leaves ill-equipped national administrations vulnerable to large multinational companies; corruption and conflicting stakeholders interests. Such value may be derived from the project’s contribution to more than one stage of the whole value chain, including raw material processing, as well as from creating through the project wider economic and social benefits, including the creation of employment in compliance with international standards, notably the core labour standards of the International Labour Organisation, as well as the right to the free, prior, and informed consent of Indigenous peoples and local communities, in line with the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) and ILO Convention 169 on Indigenous and Tribal Peoples. Where the Commission assesses these criteria to be fulfilled, it should publish the recognition as a Strategic Project in a decision.
Amendment 74 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) The definition of mutually beneficial partnership with third countries entails, in particular for low-income resource-rich countries, to breaking away from the enclave nature and extractivist model of the mining sector and to afford developing countries sufficient policy space facilitate knowledge and technology, local value addition by facilitating the manufacturing of finished and semi-finished goods in relevant downstream industries, economic and social development in partner countries, as well as the uptake of environmentally sustainable and circular economy practices and decent working conditions.
Amendment 79 #
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 of mining projects is crucial for their effective implementation, the promoter should also provide a plan containing measures to facilitate public accepensure public participation. This is also valid for projects in third countries, where the respect of the Free, Prior and Informed Consent (FPIC) of local communities and indigenous people is of primary importance. . 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 82 #
Proposal for a regulation
Recital 14
Recital 14
(14) As the cooperation of the Member State on whose territory a Strategic Project will be implemented is necessary to ensure its effective implementation, that Member State should have the right to object to and thereby prevent that a project is granted the status of Strategic Project against its will. If it does so, the relevant Member State should provide a reasoned justification for its refusal referring to the applicable criteria. Similarly, the Union should not grant the status of Strategic Project to projects that will be implemented by a third country against the will of its government and should therefore refrain from doing so where a third country government objects, taking into account that environmental and social impacts are the main factors leading to a lack of public acceptance in the extractive sector.
Amendment 86 #
Proposal for a regulation
Recital 25
Recital 25
(25) Land use conflicts can create barriers toarise from the deployment of critical raw material projects, notably in developing countries, where forced eviction or relocation are common features of mining operations. This is a serious human rights violation, especially for indigenous people whose livelihoods are closely intertwined with the land and who derive much of their livelihoods from biodiversity services. Well-designed plans, including spatial plans and zoning, that take into account the potential for implementing critical raw material projects and whose potential environmental impacts are assessed, have the potential to help balance public goods and interests, decreasing the risk of conflict and accelerating the sustainable deployment of raw materials projects in the Union. Responsible national, regional and local authorities should therefore consider including provisions for raw materials projects when developing relevant plans.
Amendment 88 #
Proposal for a regulation
Recital 28
Recital 28
(28) In order to overcome the limitations of the currently often fragmented public and private investments efforts, facilitate integration and return on investment, the Commission, Member States and promotional banks should better coordinate and create synergies between the existing funding programmes at Union and national level as well as ensure better coordination and collaboration with industry and key private sector stakeholders. To that end, a dedicated sub-group of the Board bringing together experts from the Member States and the Commission as well as relevant public financial institutions should be set up. This sub-group should discuss the individual financing needs of Strategic Projects and their existing funding possibilities in order to provide project promoters with a suggestion on how to best access existing financing possibilities. When discussing and making recommendations for the financing of Strategic Projects in third countries, the Board should in particular take into account the Global Gateway strategy42 . Also the Board shall ensure that the financing of Strategic Projects in third countries comply with the objectives and general principles set in NDICI - Global Europe regulation and the international guidelines and Conventions on investiment, including the UN Principles for Responsible Investment, the UN Guiding Principles on Business and Human Rights, the OECD Guidelines for Multinational Enterprises, ILO conventions, international human rights law and the development effectiveness principles. _________________ 42 Joint Communication to the European Parliament, the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank The Global Gateway (JOIN/2021/30 final).
Amendment 101 #
Proposal for a regulation
Recital 53 a (new)
Recital 53 a (new)
(53a) The Agenda 2030 has given a new impetus to deliver improved livelihoods from extractive resources, provided that careful consideration is paid to the views and expectations of all the key actors in home and host countries, to reconcile issues of sustainable development and security of supply, such as the Africa Mining Vision and the EU Raw Materials Initiative. At the local level, inclusive business models should be implemented in which local communities participate in decision-making, their rights are protected and they benefit from extractive industries.
Amendment 102 #
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. Nevertheless, the Union shall fully take into account that extractive activities in developing countries often operate in complex social environments surrounded by vulnerable communities, where the role of human rights defenders, among others, is very crucial. 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, and with full involvement of the European Parliament, 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 contribute to the diversification of its raw materials supply chain as well as add value in the production in these countries. Strategic partnerships should include commitments from the Union to offer technical assistance to tackle illicit financial flows, improve regulation of the activities of trans-national corporations and financial regulation, as well technical assistance to governements and private actors to support compliance with Union legislation on supply chain due diligence.
Amendment 106 #
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, such as academics, think tanks, CSOs and EU agencies. 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 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 108 #
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 materialsimprove the resilience of the Union regarding the supply of critical raw materials, by prioritising sustainability, efficiency and circularity, with the view to reduce global demand for virgin materials to achieve Sustainable Development Goals, notably to address the challenges of climate change, water stress and pollution and loss of biodiversity.
Amendment 129 #
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 a non-binding instrument setting out concrete actions of mutual interes, setting out concrete measures of mutual interest in areas such as environmental and human rights protection, technology and knowledge transfer, research and development, value distribution, working conditions and national socio-economic development.
Amendment 144 #
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 countryrespecting international standards and conventions and the highest environmental and human rights standards in that country and by adding local value, notably through inclusive business models in which local communities participate in decision-making, their rights are protected and they benefit from extractive activities.
Amendment 178 #
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, logistics, energy supply, workforce or natural disasters, as well as the risk of human rights violations and lack of compliance with international sustainability standards and, when applicable, Union legislation;
Amendment 200 #
Proposal for a regulation
Article 33 – paragraph -1 (new)
Article 33 – paragraph -1 (new)
-1. Strategic Partnerships concluded by the Union with third countries shall contain concrete measures contributing towards: (i) improving the resilience and sustainability of the Union's supply of critical raw materials listed in Annex II; (ii) the benchmark set out in Article 1, paragraph 2, point (b); (iii) improving cooperation and shared responsibility along the critical raw materials value chain between the Union and partner countries in achieving the agreed partnership objectives, while respecting the policy space of the EU and of the partner countries; (iv) the economic and social development in partner countries, in particular for emerging and developing economies, through a governance framework that prioritises human rights, while also promoting the uptake of environmentally sustainable and circular economy practices and decent working conditions; (v) the increase of local value addition by facilitating the manufacturing of finished and semi-finished goods in relevant downstream industries, including via the facilitation or support of private and public investment; (ix) The transfer of knowledge and technology as well as transfer of patents where this would be determinant for moving up the value chain for the partner country (vi) the recognition of the rights of Free, Prior and Informed Consent (FPCI) of Indigenous People and Local Communities; (vii) the full transparency of the mining sector in relation to revenues and contracts, in line with Extractive Industries Transparency Initiative (EITI) requirements, including regarding environmental transparency; (viii) implementation of the United Nations Principles on Business and Human Rights (UNGP) and the Protect, Respect and Remedy framework.
Amendment 203 #
Proposal for a regulation
Article 33 – paragraph 1 – point a – introductory part
Article 33 – paragraph 1 – point a – introductory part
(a) the extent to which Strategic Partnerships concluded by the Union contribute towards the objectives laid down in paragraph 1:
Amendment 204 #
Proposal for a regulation
Article 33 – paragraph 1 – point a – point i
Article 33 – paragraph 1 – point a – point i
Amendment 206 #
Proposal for a regulation
Article 33 – paragraph 1 – point a – point ii
Article 33 – paragraph 1 – point a – point ii
Amendment 207 #
Proposal for a regulation
Article 33 – paragraph 1 – point a – point iii
Article 33 – paragraph 1 – point a – point iii
Amendment 214 #
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) whether strategic environmental impact assessments and integrated spatial planning are implemented;
Amendment 215 #
Proposal for a regulation
Article 33 – paragraph 1 – point c – point i b (new)
Article 33 – paragraph 1 – point c – point i b (new)
(ib) whether the principle of prevention and precautionary principle is respected;
Amendment 216 #
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 expresses interest in ensuring that its regulatory framework or its effective implementation ensures the monitoring, prevention and, minimisation ofand compensation of adverse social and environmental impacts of mining, the use of socially responsible practices including respect of human and labour rights and meaningful engagement with local communitiesand active participation in strategic projects decision-making by of affected local communities, in particular indigenous people, the use of transparent and responsible business practices, in line with the UN Principles on Business and Human Rights, the OECD Guidelines for Multinational Entreprises and Due Diligence Guidelines for Responsible Supply Chains of Minerals from conflict- affected and high-risk areas the Convention on Biodiversity and the Kunming-Montreal Global Biodiversity Framework, and the prevention of adverse impacts on the proper functioning of public administration and the rule of law;
Amendment 220 #
Proposal for a regulation
Article 33 – paragraph 1 – point c – point iii a (new)
Article 33 – paragraph 1 – point c – point iii a (new)
(iiia) whether civil society participation processes are in place in the partner country to enable participation of the public in the implementation of the partnership;
Amendment 221 #
Proposal for a regulation
Article 33 – paragraph 1 – point c – point iii b (new)
Article 33 – paragraph 1 – point c – point iii b (new)
(iiib) contributing to the economic and social developments in partner countries, in particular for emerging and developing economies, through a governance framework that prioritises human rights, while also promoting the uptake of environmentally sustainable and circular economy practices and decent working conditions;
Amendment 224 #
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. The Board shall, in the context of paragraph 1 and 2 and in so far as relates to emerging market and developing economies, ensure cooperation and policy coherence for sustainable development, as enshrined in the UN 2030 Agenda, with other relevant coordination fora, including those established as part of the Global Gateway strategy. and the Union´s common commercial policy, including its investment components, and its Trade and Sustainable Development approach;
Amendment 237 #
Proposal for a regulation
Article 35 – paragraph 7 – subparagraph 2
Article 35 – paragraph 7 – subparagraph 2
Where appropriate, the Board may invite experts, academics, think tanks, CSOs and 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 257 #
Proposal for a regulation
Annex III – point 4 – point i a (new)
Annex III – point 4 – point i a (new)
(ia) The principles of Free, Prior and Informed Consent (FPIC) as established in the United Nations Declaration on the Rights of Indigenous Peoples, adopted by the UN General Assembly in 2007;
Amendment 259 #
Proposal for a regulation
Annex III – point 4 – point i b (new)
Annex III – point 4 – point i b (new)
(ib) 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 261 #
Proposal for a regulation
Annex III – point 4 – point i c (new)
Annex III – point 4 – point i c (new)
(ic) ILO Declaration on Fundamental Principles and Rights at Work;
Amendment 263 #
Proposal for a regulation
Annex III – point 4 – point i d (new)
Annex III – point 4 – point i d (new)
(id) Eight fundamental ILO Conventions as defined under the ILO Declaration on Fundamental Principles and Rights at work;
Amendment 265 #
Proposal for a regulation
Annex III – point 4 – point i e (new)
Annex III – point 4 – point i e (new)
(ie) Ten Principles of the United Nations Global Compact;
Amendment 266 #
Proposal for a regulation
Annex III – point 4 – point i f (new)
Annex III – point 4 – point i f (new)
(if) UN Paris Agreement;
Amendment 267 #
Proposal for a regulation
Annex III – point 4 – point i g (new)
Annex III – point 4 – point i g (new)
(ig) ILO Convention 169 related to Indigenous and Tribal Peoples;
Amendment 270 #
Proposal for a regulation
Annex III – point 4 a (new)
Annex III – point 4 a (new)