Activities of Geert BOURGEOIS 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 (43)
Amendment 85 #
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 or regional 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 or regional competent authority. Where needed in light of a Member State's internal organisation, the tasks of the nat in line with their constitutional organisation, as enshrined in article 4, paragraph 2, TEU. Where needed in light of a Member State's internal organisation, and allowed by their constitutional organisation the tasks of the single national or regional competent authority should be able to be delegated to a different authority, subject to the same conditions. To ensure the effective implementation of its responsibilities, Member States should provide their national competent authority, or any authority acting on its behalf,ies with sufficient personnel and resources.
Amendment 86 #
Proposal for a regulation
Recital 21
Recital 21
(21) In order to ensure clarity about the permitting status of Strategic Projects and to limit the effectiveness of potential abusive litigation, while not undermining effective judicial review, Member States should ensure that any dispute concerning the permit granting process for Strategic Projects is resolved in a timely manner. To that end, national competent authorities should ensure that applicants and project promoters have access to simple dispute settlement procedure and that Strategic Projects are granted urgent treatment in all judicial and dispute resolution procedures relating to the projects. In addition, this regulation shall facilitate the exchange of best practices to resolve disputes, such as ad-hoc working groups under neutral arbiters to solve open issues.
Amendment 95 #
Proposal for a regulation
Recital 38
Recital 38
(38) In order to ensure that they are sufficiently prepared to face supply disruptions, large companies manufacturing strategic technologies in the Union usingoperating in sectors using a substantial share of strategic raw materials should audit their supply chains and report accordingly to their board of directors. This will ensure that they take into account the supply risks of strategic raw materials and develop appropriate mitigation strategies to be better prepared in the event of a supply disruption. Similarly, the large companies falling within this scope should run regular stress tests of their strategic raw materials supply chains to ensure that they consider all different scenarios that may affect their supply in the event of a disruption. These measures will lead to additional considerations being given to the costs of potential supply risks.
Amendment 114 #
Proposal for a regulation
Article 1 – paragraph 2 – point a – point iii a (new)
Article 1 – paragraph 2 – point a – point iii a (new)
Amendment 124 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Where, based on theNot later than 6 months after publication of this regulation, the Commission is required to publish a report outlining its methodology for applying these benchmarks to each strategic raw material, quantifying the level of investment required per material and the main bottlenecks to be overcome. Where, based on this initial report or the additional three-year progress report referred to in Article 42, the Commission concludes that the Union is likely not to achieve the objectives set out in paragraph 2, it shall assess the feasibility and proportionality of proposing measures or exercising its powers at Union level in order to ensure the achievement of those objectives. Member States are also required to prepare national Raw Materials plans detailing their actions to contribute to the Critical Raw Materials Act benchmarks, for submitting to the European Commission by end-2025.
Amendment 127 #
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 in all relevant EU legislation, including 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; and including within the REACH Regulation when defining measures for safe production and use of targeted strategic raw materials.
Amendment 136 #
Proposal for a regulation
Article 2 – paragraph 1 – point 19
Article 2 – paragraph 1 – point 19
(19) ‘permit granting process’ means a process covering all relevant administrative permits to plan, build and operate the Strategic Projects referred to in Article 5, including building, chemical and grid connection permits and environmental assessments and authorisations where these are required, and encompassing all administrative applications and procedures from the acknowledgment of the validity of the application to the notification of the comprehensive decision on the outcome of the procedure by the responsible national or regional competent authority referred to in Article 8(1);
Amendment 137 #
Proposal for a regulation
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
(20) ‘comprehensive decisdecision on the permit application’' means the decision or set of decisions taken by Member State authorities not including courts or tribunals that determines whether or not a project promoter is authorised to implementbuild and operate a raw material project, without prejudice to any decision taken in the context of an administrative appeal procedure;
Amendment 144 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The raw materials listed in Annex I, Section 1 shall be considered strategic raw materials. For strategic raw materials that are a byproduct of other extraction or recycling processes, those main commodity operations shall also automatically qualify as strategic.
Amendment 185 #
Proposal for a regulation
Article 6 – paragraph 6 – subparagraph 1
Article 6 – paragraph 6 – subparagraph 1
The Commission shall, taking account of the Board's opinion referred to in paragraph 4, adopt its decision on the recognition of the project as Strategic Project within 60 days and notify the applicant and the Member State or third country whose territory is concerned thereof.
Amendment 187 #
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, taking into account the opinion of the Board and the responsible project promoter, repeal the decision granting a project the status of Strategic Project. The Commission shall provide justifications for its decision.
Amendment 202 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. By [OP please insert: 39 months after the date of entry into force of this Regulation], Member States shall designate one national or regional competent authority which shall be responsible for facilitating and coordinating the permit- granting process for critical raw material projects and provideing information on the elements referred to in Article 17.
Amendment 203 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The national or regional competent authority referred to in paragraph 1 shall be the sole point of contact for the project promoter in the permit granting process leading to a comprehensive decision for a given critical raw material project and shall coordinate the submission of all relevant documents and information.
Amendment 205 #
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. The responsibilities of the national or regional competent authority referred to in paragraph 1 or the tasks related to it may be delegated to, or carried out by, another authority, for each critical raw material projects, provided that:
Amendment 207 #
Proposal for a regulation
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) the national or regional competent authority referred to in paragraph 1 notifies the project promoter of that delegation;
Amendment 209 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. The national or regional competent authority referred to in paragraph 1 shall take into consideration any valid studies conducted and permits or authorisations issued for a given critical raw material project before the project entered the permit granting process in accordance with this Article, and shall not require duplicate studies and permits or authorisations, unless otherwise required under Union law.
Amendment 211 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. The national or regional competent authority referred to in paragraph 1 shall ensure that applicants have easy access to information on and simple procedures for the settlement of disputes concerning the permit granting process and the issuance of permits for critical raw materials projects, including, where applicable, alternative dispute resolution mechanisms. The Board shall share and discuss best practices including from other relevant mining regions ensuring structured and predictable formats.
Amendment 213 #
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Member States shall ensure that the national or regional competent authority referred to in paragraph 1 has a sufficient number of qualified staff and sufficient financial, technical and technological resources necessary, including for up- and re-skilling, for the effective performance of its tasks under this Regulation.
Amendment 216 #
Proposal for a regulation
Article 8 – paragraph 8 – point b
Article 8 – paragraph 8 – point b
(b) where relevant, propose to the Commission guidelines for the implementation of this Section to be taken into account by national or regional competent authorities referred to in paragraph 1.
Amendment 217 #
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 3 months and the time limits referred to in paragraph 1, point (b), and 2, point (b), by a maximum of 1 month, before their expiry and on a case- by-case basis. In that event, the national or regional 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 decisdecision on the permit application is expected in writing.
Amendment 218 #
Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 1
Article 10 – paragraph 5 – subparagraph 1
No later than one month following the receipt of a permit granting application related to a Strategic Project, the national or regional competent authority referred to in Article 8(1) shall validate the application or, if the project promoter has not sent all the information required to process an application, request the project promoter to submit a complete application within fourteen days from this request.
Amendment 219 #
Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 2
Article 10 – paragraph 5 – subparagraph 2
The date of the acknowledgement of the validity of the application by the national or regional competent authority referred to in Article 8(1) shall serve as the start of the permit granting process.
Amendment 220 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. No later than one month following the date of the acknowledgement of the validity of the permit granting application, the national or regional competent authority referred to in Article 8(1) shall draw up, in close cooperation with the project promoter and other authorities concerned, a detailed schedule for the permit granting process. The schedule shall be published by either the project promoter on the website referred to in Article 7(7) or by the national or regional competent authority referred to in Article 8(1) on a free access website.
Amendment 222 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
Where an environmental impact assessment must be carried out for a Strategic Project in accordance with Articles 5 to 9 of Directive 2011/92/EU, the relevant project promoter shall request an opinion to the national or regional competent authority referred to in Article 8(1) on the scope and level of detail of the information to be included in the environmental impact assessment report under Article 5(1) of that Directive.
Amendment 224 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
The national or regional competent authority referred to in Article 8(1) shall ensure that the opinion referred to in the first subparagraph is issued as soon as possible and within a period of time not exceeding 360 days from the date on which the project promoter submitted its request.
Amendment 226 #
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
In the case of Strategic Projects for which the obligation to carry out assessments of the effects on the environment arises simultaneously from Council Directive 92/43/EEC, Directives 2000/60/EC, 2008/98/EC, 2009/147/EC 2010/75/EU, 2011/92/EU or 2012/18/EU of the European Parliament and the Council, the national or regional competent authority referred to in Article 8(1) shall ensure that a coordinated or a joint procedure fulfilling the requirements of that Union legislation is applied.
Amendment 228 #
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 2
Article 11 – paragraph 2 – subparagraph 2
Under the coordinated procedure referred to in the first subparagraph, the national or regional competent authority referred to in Article 8(1) shall coordinate the various individual assessments of the environmental impact of a particular project required by the relevant Union legislation.
Amendment 230 #
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 3
Article 11 – paragraph 2 – subparagraph 3
Under the joint procedure referred to in the first subparagraph, the national or regional competent authority referred to in Article 8(1) shall provide for a single assessment of the environmental impact of a particular project required by the relevant Union legislation.
Amendment 232 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The national or regional competent authority referred to in Article 8(1) shall ensure that the authorities concerned issue the reasoned conclusion referred to in Article 1(2), point (g)(iv) of Directive 2011/92/EU on the environmental impact assessment of a Strategic Project within three months of receiving all necessary information gathered pursuant to Articles 5, 6 and 7 of that Directive and completing the consultations referred to in Articles 6 and 7 of that Directive.
Amendment 259 #
Proposal for a regulation
Article 18 – paragraph 5 – subparagraph 1
Article 18 – paragraph 5 – subparagraph 1
The competent authorities of the Member States shall make the information on their mineral occurrences containing critical raw materials gathered through the measures set out in the national programmes referred to in paragraph 1 publicly available on a free access website. This information shall, where applicable, include the classification of the identified occurrences using the United Nations Framework Classification for Resources.
Amendment 286 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
Amendment 288 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 2
Article 23 – paragraph 1 – subparagraph 2
Amendment 339 #
Proposal for a regulation
Article 33 – paragraph 1 – introductory part
Article 33 – paragraph 1 – introductory part
1. The Board shall periodically discussNo longer than 1 year after entry into force, the Board shall publish a strategy report on the EU’s strategic partnerships, outlining:
Amendment 405 #
Proposal for a regulation
Article 35 – paragraph 4 – subparagraph 2 – point c
Article 35 – paragraph 4 – subparagraph 2 – point c
(c) once a year (1) in order to discuss the progress of the implementation of Member State obligations linked to exploration set out in Chapter 3, Section 4, including in light of updates to the lists of critical or strategic raw materials and (2) in order to monitor and report on the added value and cost-effectiveness of the provisions under this Regulation as regards encouraging CRM strategic projects, development of CRM circular economy, taking into account EU-level and national climate and energy policies and measures.
Amendment 419 #
Proposal for a regulation
Article 35 – paragraph 7 – subparagraph 2
Article 35 – paragraph 7 – subparagraph 2
Where appropriate, the Board mayshall invite relevant economic operators, 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 430 #
Proposal for a regulation
Article 42 – paragraph 2 a (new)
Article 42 – paragraph 2 a (new)
2a. The Commission shall provide a detailed methodology for the calculation of targets. The calculation of these targets shall be different for critical raw materials with existing domestic mining/refining/recycling capacities and for those with no current EU capacities. Individual targets should also be considered to take into account the level and evolution of domestic production and capacities.
Amendment 431 #
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – introductory part
Annex I – Section 1 – paragraph 1 – introductory part
The following raw materials shall be considered strategic, including their respective carrier metals and minerals with which these strategic raw materials are extracted:
Amendment 432 #
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point b
Annex I – Section 1 – paragraph 1 – point b
(b) Boron - metallurgy grade
Amendment 433 #
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point g
Annex I – Section 1 – paragraph 1 – point g
(g) Lithium - battery grade
Amendment 434 #
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point i
Annex I – Section 1 – paragraph 1 – point i
(i) Manganese - battery grade
Amendment 435 #
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point j
Annex I – Section 1 – paragraph 1 – point j
(j) Natural Graphite - battery gradand synthetic Graphite
Amendment 437 #
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 439 #
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point p a (new)
Annex I – Section 1 – paragraph 1 – point p a (new)
(pa) Zinc