24 Amendments of Łukasz KOHUT related to 2023/0079(COD)
Amendment 213 #
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 256 #
Proposal for a regulation
Recital 39
Recital 39
Amendment 326 #
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) As part of the report referred to in paragraph 3, the Commission shall publish its methodology for calculating and reporting on these benchmarks. Calculation and reporting shall take place at an individual raw material level. Any aggregation shall apply a volume weighting factor to reflect the difference in tonnages between strategic raw materials.
Amendment 366 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Where, based onNot later than 6 months after publication of this regulation, the Commission shall 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 the reports 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.
Amendment 371 #
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 427 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. 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 428 #
Proposal for a regulation
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
1b. Substitutes of strategic raw materials, having the same chemical composition, shall also automatically qualify as strategic.
Amendment 436 #
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
An updated list of strategic raw materials shall include, from among the raw materials assessed, the raw materials that score among the highest in terms of strategic importance, forecasted demand growth and difficulty of increasing production. The strategic importance, projected demand growth and difficulty of increasing production shall be determined in accordance with Annex I, Section 2.
Amendment 478 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the project would make a meaningful contribution to the security of the Union's supply of strategic and critical raw materials;
Amendment 541 #
Proposal for a regulation
Article 6 – paragraph 7 – point a
Article 6 – paragraph 7 – point a
(a) ensure a balanced representation of Strategic Projects for all strategic and critical raw materials and in all stages of the value chain;
Amendment 552 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Strategic Projects shall be considered to contribute to the security of supply of strategic and critical raw materials in the Union.
Amendment 570 #
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 and strategic raw material projects and provide information on the elements referred to in Article 17.
Amendment 581 #
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. Where a project promoter conducts more than one critical materials project in a Member State within the same operational step, a single authority shall be responsible for this promoter's projects.
Amendment 586 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. The national 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 646 #
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 (new)
Article 15 – paragraph 1 – subparagraph 1 (new)
Para 2 [new] The standing sub-group referred to in Article 35(6) shall 2 years after entry into force provide a report describing obstacles to access to finance and recommendations to facilitate access to finance for Raw Materials Projects through the European Investment Bank Group and relevant Union funding and financing programes as well as state aid. Para 3 [new] For any new future EU-level funding sources established with a link to the Green Deal Industrial Plan, the European Commission shall include a formal link to the Critical Raw Materials Act and ensure sufficient finance is allocated for supporting Europe’s strategic projects.
Amendment 745 #
Proposal for a regulation
Article 24
Article 24
Amendment 792 #
Proposal for a regulation
Article 25 – paragraph 1 – point e a (new)
Article 25 – paragraph 1 – point e a (new)
Amendment 852 #
Proposal for a regulation
Article 29 – paragraph 1 a (new)
Article 29 – paragraph 1 a (new)
1a. The decision of recognition of a scheme described in paragraph 1 shall be published no later than 6 months after the application submitted by the scheme owner.
Amendment 866 #
Proposal for a regulation
Article 29 a (new)
Article 29 a (new)
Article29a The recognition provided to schemes under this Regulation shall also be applicable for requirements under other related EU legislation, such as the Conflict Minerals Regulation and Batteries Regulation.
Amendment 869 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The Commission is empowered to adopt delegated acts in accordance with Article 36 to supplement this Regulation by establishing rules for the calculation and verification of the environmental footprint of different critical raw materials, in accordance with Annex V and taking into account scientifically sound assessment methods and relevant international standards. The calculation and verification rules shall identify which is the most important impact category and which impact categories are sufficiently robust for raw materials benchmarking. The footprint declaration shall be limited to that impact category.
Amendment 878 #
Proposal for a regulation
Article 33 – paragraph 1 – introductory part
Article 33 – paragraph 1 – introductory part
1. The Board shall periodically discussNo longer than one year after entry into force, the Board shall publish a strategy report on the EU’s strategic partnerships, outlining:
Amendment 985 #
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point a a (new)
Annex I – Section 1 – paragraph 1 – point a a (new)
(aa) Aluminium
Amendment 991 #
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point b a (new)
Annex I – Section 1 – paragraph 1 – point b a (new)
(ba) Coking coal
Amendment 1014 #
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point j
Annex I – Section 1 – paragraph 1 – point j
(j) Natural Graphite - battery gradGraphite