18 Amendments of Saskia BRICMONT related to 2023/0079(COD)
Amendment 67 #
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 overly 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 risks. primary sources of raw materials, has significantly decreased its dependency on specific third countries for its supply, and 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 Partnership.
Amendment 75 #
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, 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 in, taking into account that for mineral-rich developing countries, realising the full potential of the mining sector account also its consistency with the Union’s common commercial policys 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 80 #
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 99 #
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. 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 a notably in terms of rent extraction, getting a fair deal and share of profits, transparency, accountability, knowledge and technology sharing. 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 governments adnd value in the production in these countriesprivate actors to support compliance with Union legislation on supply chain due diligence.
Amendment 141 #
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 164 #
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 country.respecting 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 275 #
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 333 #
Proposal for a regulation
Article 30 – paragraph 4 – point b
Article 30 – paragraph 4 – point b
Amendment 338 #
Proposal for a regulation
Article 33 – paragraph -1 (new)
Article 33 – paragraph -1 (new)
Amendment 343 #
Proposal for a regulation
Article 33 – paragraph 1 – point a – introductory part
Article 33 – paragraph 1 – point a – introductory part
(a) tThe extent to which Strategic Partnerships concluded by the Union contribute towards: the objectives laid down in paragraph 1
Amendment 344 #
Proposal for a regulation
Article 33 – paragraph 1 – point a – point i
Article 33 – paragraph 1 – point a – point i
Amendment 346 #
Proposal for a regulation
Article 33 – paragraph 1 – point a – point ii
Article 33 – paragraph 1 – point a – point ii
Amendment 348 #
Proposal for a regulation
Article 33 – paragraph 1 – point a – point iii
Article 33 – paragraph 1 – point a – point iii
Amendment 366 #
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 expresses interest in ensuring that its regulatory framework or its effective implementation ensures the monitoring, prevention, minimisation and 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 Enterprises 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 374 #
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, whether the potential for the deployment of Global Gateway investment projects respond to shared visions (e.g. Country Mining Visions of Africa Mining Visions) and are fully aligned with national development plans (e.g. industrial and trade policies); respect human rights and contribute to the decoupling of natural resource use.
Amendment 376 #
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 378 #
Proposal for a regulation
Article 33 – paragraph 1 – point c – point iv a (new)
Article 33 – paragraph 1 – point c – point iv a (new)
(iva) for emerging markets and developing economies, whether partnerships contribute to the formalisation of the mining sector, especially the artisanal and small-scale mining sector, notably though developing conducive and comprehensive legal frameworks, ensuring access to capital, providing access to geological data and appropriate equipment for small-scale miners;
Amendment 383 #
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;