61 Amendments of Christophe GRUDLER 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 147 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The Commission shall incorporate a new indicator to account for materials with high energy intensity and scarcity, in order to include them in the forecoming list of critical raw materials. This is mainly focused on advancing the Union's objectives of circularity and energy efficiency.
Amendment 158 #
Proposal for a regulation
Recital 6
Recital 6
(6) To strengthen Union capacities along the strategic raw materials value chain, benchmarks should be set to guide efforts and track progress. The aim should be to increase capacities for each strategic raw material at each stage of the value chain, while aiming to achieve overall capacity benchmarks for extraction, processing and recycling of strategic raw materials. Firstly, the Union should increase the use of its own geological resources of strategic raw materials and build up capacity to allow it to extract the materials needed to produce at least 105 % of the Union's consumption of strategic raw materials. Keeping in mind that extraction capacity is highly dependent on the availability of Union geological resources, the achievement of this benchmark is dependent on such availability. Secondly, in order to build a full value chain and prevent any bottlenecks at intermediate stages, the Union should in addition increase its processing capacity along the value chain and be able to produce at least 450 % of its annual consumption of strategic raw materials. Thirdly, it is expected that in the coming decades a growing share of the Union's consumption of strategic raw materials can be covered by secondary raw materials, which would improve both the security and the sustainability of the Union’s raw materials supply. Therefore, Union recycling capacity should be able to produce at least 15 % of the Union’s annual consumption of strategic raw materials. These benchmarks refer to the 2030 time horizon, in alignment with the Union's climate and energy targets set under Regulation (EU) 2021/1119 of the European Parliament and of the Council29and the digital targets under the Digital Decade30, which they underpin. Furthermore, quality jobs, including skills development and job-to-job transitions, will address risks in the sectoral labour market and help ensure the EU’s competitiveness. _________________ 29 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (OJ L 243, 9.7.2021, p. 1). 30 Decision (EU) 2022/2481 of the European Parliament and of the Council of 14 December 2022 establishing the Digital Decade Policy Programme 2030 (OJL 323, 19.12.2022, p. 4–26 )
Amendment 164 #
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 risk 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 650% 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.
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 187 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Sustainable and environmentally respectful mining projects, incorporating innovative processes and conducting mineral and metallurgical processing close to the extraction sites, could be regarded as Important Projects of Common European Interest (IPCEIs). These projects must significantly contribute to economic growth, job creation, the green and digital transition, and enhance competitiveness for the Union industry and economy. Furthermore, to align with European values and objectives, these projects must exhibit an unwavering commitment to transparency, education, and community engagement, avoiding the use of fossil fuels through the integration of renewable energy sources, reducing waste, and utilizing sustainable water usage practices.
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 269 #
Proposal for a regulation
Recital 42 a (new)
Recital 42 a (new)
(42a) Electronic waste contains concentrations of critical raw materials that are orders of magnitude higher than those found in the best ore grades worldwide 1a. This presents a significant economic opportunity for urban mining, with a high potential for development. _________________ 1a Torrubia, J.; Valero, A.; Valero, A.; Lejuez, A. Challenges and Opportunities for the Recovery of Critical Raw Materials from Electronic Waste: The Spanish Perspective. Sustainability 2023, 15, 1393. https://doi.org/10.3390/su15021393
Amendment 316 #
Proposal for a regulation
Article 1 – paragraph 2 – point a – point i
Article 1 – paragraph 2 – point a – point i
(i) Union extraction capacity is able to extract the ores, minerals or concentrates needed to produce at least 105% of the Union's annual consumption of strategic raw materials, to the extent that the Union’s reserves allow for this;
Amendment 317 #
Proposal for a regulation
Article 1 – paragraph 2 – point a – point ii
Article 1 – paragraph 2 – point a – point ii
(ii) Union processing capacity, including for all intermediate processing steps, is able to produce at least 450% of the Union's annual consumption of strategic raw materials;
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 339 #
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) diversify the Union's imports of strategic raw materials with a view to ensure that, by 2030, the Union's annual consumption of each strategic raw material at any relevant stage of processing can rely on imports from several third countries, none of which provide more than 650% of the Union's annual consumption;
Amendment 375 #
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4a. The European Commission is empowered to establish specific objectives related to the extraction, processing, and recycling capacities for each strategic raw material. This shall be done either by [date two years after the date of entry of this Regulation] or upon the availability of the necessary information or requisite technological developments.
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 433 #
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, forecasted demand availability and difficulty of increasing production. The strategic importance, projected demand growth, forecasted demand availability and difficulty of increasing production shall be determined in accordance with Annex I, Section 2.
Amendment 455 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
An updated list of critical raw materials shall include the strategic raw materials listed in Annex I, Section 1 as well as any other raw material that reaches or exceeds the thresholds for both economic importance and supply risk referred to in paragraph 3. Economic importance and supply risk shall be calculated in accordance with Annex II, Section 2. The Commission shall develop a new indicator that also reflects the scarcity of materials and their energy intensity in production by [the year of the new updated list of critical raw materials].
Amendment 460 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The thresholds shall be 1 for supply risk and 2.8 for economic importance or 0.8 for supply risk and 4.5 for economic importance.
Amendment 560 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The Board shall engage in periodically discussions regarding the implementation of the Strategic Projects and, where. When necessary, measures that could be taken byit shall consider measures that the project promoter or the Member State, whose territory is concerndirectly affected by a Strategic Project, could undertake to further facilitate the implementasuccessful execution of thoese Strategic Projects. The Board shall inform the project promoter and the Member State of the results of the discussions in a timely manner.
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 636 #
Proposal for a regulation
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
(b) assistance to project promoters to further increase the public acceptance of the project, incorporating recommendations and best practices shared by the European Critical Raw Materials Board where necessary.
Amendment 703 #
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 1
Article 19 – paragraph 3 – subparagraph 1
The Commission, in collaboration with the national authorities participating in the standing sub-group referred to in Article 35(6), point (c), shall ensure that a stress test is performed for each strategic raw material’s supply chain at least every three yearswo years or if supply risks are detected as a result of the monitoring refered in paragraph 1. To that end, the standing sub- group referred to in Article 35(6), point (c) shall coordinate and divide the implementation of stress tests for the different strategic raw materials by the different participating authorities.
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 762 #
Proposal for a regulation
Article 25 – paragraph 1 – point a
Article 25 – paragraph 1 – point a
(a) increase the collection of waste and metal scraps with high critical raw materials recovery potential and ensure their introduction into the appropriate recycling system, with a view to maximising the availability and quality of recyclable material as an input to critical raw material recycling facilities;
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 775 #
Proposal for a regulation
Article 25 – paragraph 1 – point b
Article 25 – paragraph 1 – point b
(b) increase the re-use of products and components with highhich contain 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 794 #
Proposal for a regulation
Article 25 – paragraph 1 – point e a (new)
Article 25 – paragraph 1 – point e a (new)
(ea) establish a stable secondary critical raw materials market.
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 796 #
Proposal for a regulation
Article 25 – paragraph 1 – point e b (new)
Article 25 – paragraph 1 – point e b (new)
(eb) require the uptake of quality standards for recycling processes of complex waste streams like electronics waste, to ensure optimal material recovery;
Amendment 800 #
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 1
Article 25 – paragraph 2 – subparagraph 1
Amendment 806 #
Proposal for a regulation
Article 25 – paragraph 5 a (new)
Article 25 – paragraph 5 a (new)
5a. The European Commission will set targets for the collection and recovery of critical raw materials from waste electrical and electronic equipment by [3 years after the date of entry into force of this Regulation]. These targets may be progressive and revised every two years in line with technological development, recycling capacity, and the availability of waste of electrical and electronic equipment in line with the report in paragraph 5.
Amendment 808 #
Proposal for a regulation
Article 25 – paragraph 7 – subparagraph 2 – point a a (new)
Article 25 – paragraph 7 – subparagraph 2 – point a a (new)
(aa) the product turnover and volume placed on the market.
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 822 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. The Commission shall adopt an implementing act establishing the format for the labelling referred to in paragraph 1 three years after the date of entry into force of this Regulation at the latest. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 37(3).
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 839 #
Proposal for a regulation
Article 28 – paragraph 3 – subparagraph 1
Article 28 – paragraph 3 – subparagraph 1
After 31 December 203026, the Commission mayshall adopt delegated acts supplementing this Regulation by laying down minimum shares for neodymium, dysprosium, praseodymium, terbium, boron, samarium, nickel and cobalt recovered from post- consumer waste that must be present in the permanent magnet incorporated in the products referred to in paragraph 1.
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 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 851 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2
Article 29 – paragraph 1 – subparagraph 2
Applications referred in the first subparagraph shall contain any relevant evidence related to the fulfilment of the criteria laid down in Annex IV. The Commission shall be empowered to adopt implementing acts specifying the information that applications shall at least contain. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 37(3) no later than three years after the entry into force of the Regulation.
Amendment 857 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. The Commission shall pveriodically verifyfy at least every two years that recognised schemes continue to fulfil the criteria laid down in Annex IV.
Amendment 983 #
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) Bauxite/Aluminium
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 1033 #
(m) Rare Earth Elements for magnets (Nd, Pr, Tb, Dy, Gd, Sm, and Ce)
Amendment 1037 #
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point n a (new)
Annex I – Section 1 – paragraph 1 – point n a (new)
(na) Silver
Amendment 1048 #
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
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 1077 #
Proposal for a regulation
Annex II – Section 1 – paragraph 1 – point g a (new)
Annex II – Section 1 – paragraph 1 – point g a (new)
(ga) Cesium
Amendment 1079 #
Proposal for a regulation
Annex II – Section 1 – paragraph 1 – point q a (new)
Annex II – Section 1 – paragraph 1 – point q a (new)
(qa) Krypton
Amendment 1082 #
Proposal for a regulation
Annex II – Section 1 – paragraph 1 – point q b (new)
Annex II – Section 1 – paragraph 1 – point q b (new)
(qb) Indium
Amendment 1085 #
Proposal for a regulation
Annex II – Section 1 – paragraph 1 – point u a (new)
Annex II – Section 1 – paragraph 1 – point u a (new)
(ua) Molybdenum
Amendment 1090 #
Proposal for a regulation
Annex II – Section 1 – paragraph 1 – point v a (new)
Annex II – Section 1 – paragraph 1 – point v a (new)
(va) Natural Rubber
Amendment 1098 #
Proposal for a regulation
Annex II – Section 1 – paragraph 1 – point aa a (new)
Annex II – Section 1 – paragraph 1 – point aa a (new)
(aaa) Rubium
Amendment 1100 #
Proposal for a regulation
Annex II – Section 1 – paragraph 1 – point cc a (new)
Annex II – Section 1 – paragraph 1 – point cc a (new)
(cca) Silver
Amendment 1102 #
Proposal for a regulation
Annex II – Section 1 – paragraph 1 – point ee a (new)
Annex II – Section 1 – paragraph 1 – point ee a (new)
(eea) Tin
Amendment 1103 #
Proposal for a regulation
Annex II – Section 1 – paragraph 1 – point hh a (new)
Annex II – Section 1 – paragraph 1 – point hh a (new)
(hha) Xenon
Amendment 1104 #
(hha) Zinc