67 Amendments of Martin HOJSÍK related to 2023/0079(COD)
Amendment 10 #
Proposal for a regulation
Recital 2
Recital 2
(2) Given the complexity and the transnational character of critical raw material value chains, uncoordinated national measures to ensure a secure and sustainable supply of critical raw materials have a high potential of distorting competition and fragmenting the internal market. Therefore, to safeguard the functioning of the internal market, a common Union framework should be created to collectively address this central challenge. To this aim, the EU and Member States should increase the synergies between EU´s climate and energy targets, including by identifying projects that can produce renewable energy as well as the sustainable extraction of critical raw materials at the same time.
Amendment 14 #
Proposal for a regulation
Recital 3
Recital 3
(3) Firstly, in order to effectively ensure the Union's access to a secure and sustainable supply of critical raw materials, that framework should include measures to decrease the Union's growing supply risks by strengthening Union capacities along all stages of the strategic raw materials value chain, including extraction, processing and recycling, towards benchmarks defined for each strategic raw material. Secondly, as the Union will continue to rely on imports, the framework should include measures to increase the diversification of external supplies of strategic raw materials. Thirdly, is necessary to provide measures to reinforce the Union’s ability to monitor and mitigate existing and future supply risks. Fourthly, the framework should contain measures to increase the circularity and sustainability of the critical raw materials consumed in the Union. Fifthly, limiting the increase in demand for critical raw materials will strengthen the strategic autonomy of the Union while at the same time reduce our global environmental footprint. Therefore, it is necessary to 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 17 #
Proposal for a regulation
Recital 3
Recital 3
(3) Firstly, in order to effectively ensure the Union's access to a secure and sustainable supply of critical raw materials, that framework should include measures to decrease the Union's growing supply risks by strengthening Union capacities along all stages of the strategic raw materials value chain, including extraction, processing and recyclparticularly recycling, sustainable extraction using synergies between renewable energy projects and the EU need for critical raw materials, and processing, towards benchmarks defined for each strategic raw material. Secondly, as the Union will continue to rely on imports, the framework should include measures to increase the diversification of external supplies of strategic raw materials. Thirdly, is necessary to provide measures to reinforce the Union’s ability to monitor and mitigate existing and future supply risks. Fourthly, the framework should contain measures to increase the circularity and sustainability of the critical raw materials consumed in the Union.
Amendment 116 #
Proposal for a regulation
Recital 42 a (new)
Recital 42 a (new)
(42a) Electronic waste harbors critical raw materials in concentrations significantly superior to those found in the world's finest ore grades 1a. This fact unveils a substantial economic prospect inherent in urban mining that holds immense developmental potential. Therefore, it's crucial to establish enabling facilities for recycling centers, allowing them to reintroduce these recycled quantities into the market effectively and efficiently _________________ 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 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 188 #
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
(11) ‘recycling’ means any recovery operation by which waste materials, including black mass, are reprocessed into products, materials or substances whether for the original or other purposes;
Amendment 189 #
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘Union recycling capacity’ means an aggregate of the maximum annual production volume of recycling operations for strategic raw materials, including the sorting and pre-treatment of waste, including black mass, and its processing into secondary raw materials, located in the Union;
Amendment 197 #
Proposal for a regulation
Article 2 – paragraph 1 – point 40 a (new)
Article 2 – paragraph 1 – point 40 a (new)
(40a) ‘geothermal extraction’ means sustainable extraction of critical raw materials that is a by-product of geothermal electricity, heating or cooling activities;
Amendment 217 #
Proposal for a regulation
Article 5 – paragraph 1 – point c a (new)
Article 5 – paragraph 1 – point c a (new)
(ca) for mining projects in the Union, the project will add value in the region of the Member State.
Amendment 220 #
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) for projects in the Union, the establishment, operation or production of the project would have cross-border benefits beyond the Member State concerned, including for downstream sectors, or provide multiple functions contributing at the same time to EU’s binding climate and energy targets;
Amendment 418 #
Proposal for a regulation
Article 2 – paragraph 1 – point 40 a (new)
Article 2 – paragraph 1 – point 40 a (new)
(40a) ‘geothermal extraction’ means sustainable extraction of critical raw materials that is a by-product of geothermal electricity, heating or cooling activities;
Amendment 449 #
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 456 #
Proposal for a regulation
Article 25 – paragraph 1 – point d
Article 25 – paragraph 1 – point d
(d) iIncrease the technological maturity of recycling technologies for critical raw materials and to, promote materials efficiency, and foster the substitution of critical raw materials in applications,. This can be achieved at least by including support actions to that effectfor these purposes under national research &and innovation programmes. These initiatives should include supporting the creation of recycling technology hubs that bring together synergies for the research and development of recycling processes for critical raw materials;
Amendment 464 #
Proposal for a regulation
Article 25 – paragraph 1 – point e a (new)
Article 25 – paragraph 1 – point e a (new)
(ea) take necessary measures in order to prevent that products and materials that are exported under an end of waste status fulfill the provisions in accordance with directive 2008/98/EC and the EU regulations thereof
Amendment 470 #
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 497 #
Proposal for a regulation
Article 25 – paragraph 5
Article 25 – paragraph 5
5. When reporting to the Commission the data concerning the quantities of waste electrical and electronic equipment recycled, pursuant to Article 16(6) of Directive 2012/19/EU on waste electrical and electronic equipment, Member States shall identify separately, and report, the critical raw materials put on market in electrical and electronic equipment, the quantities of components containing relevant amounts of critical raw materials removed from such waste equipment and the quantities of critical raw materials recovered from the waste electrical and electronic equipment. The Commission shall adopt implementing acts specifying the format and details of such reporting. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 37(3). The first reporting period shall cover the first full calendar year after the adoption of those implementing acts.
Amendment 499 #
Proposal for a regulation
Article 25 – paragraph 5 a (new)
Article 25 – paragraph 5 a (new)
5a. The European Commission shall 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 and objectives set in Article 1.
Amendment 508 #
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 516 #
Proposal for a regulation
Article 25 – paragraph 7 a (new)
Article 25 – paragraph 7 a (new)
7a. By 31 December 2023, the Commission shall develop dedicated waste codes for Lithium-ion batteries and black masses under the European List of Waste.
Amendment 517 #
Proposal for a regulation
Article 25 a (new)
Article 25 a (new)
Amendment 553 #
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, [OP please insert: 3 years after the date of entry into force of this Regulation ]. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 37(3).
Amendment 566 #
Proposal for a regulation
Article 27 – paragraph 12 a (new)
Article 27 – paragraph 12 a (new)
12a. From [OP please insert: 5 years after the date of entry into force of this Regulation], the European Commission may extend this obligation to any natural or legal person that places products containing Critical Raw Materials on the market, ensuring that those products bear a conspicuous, clearly legible, and indelible digital or physical label indicating the weight and location of the critical raw materials contained in the product
Amendment 573 #
Proposal for a regulation
Article 28 – paragraph 2 – subparagraph 1 b (new)
Article 28 – paragraph 2 – subparagraph 1 b (new)
By [OP please insert: 4 years after the date of entry into force of this Regulation], the Commission shall undertake a study to analyse the possibility of extending the minimum recycled content requirement to other critical raw materials in new products beyond permanent magnets. If necessary, the Commission will then adopt a delegated act in accordance with Article 36, to require a minimum recycled material content in these critical raw materials, guided by technological developments and material availability within the Union.
Amendment 577 #
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 594 #
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) [OP please insert : three years after the entry into force of this regulation].
Amendment 601 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. The Commission shall periodicallyat least every two years verify that recognised schemes continue to fulfil the criteria laid down in Annex IV.
Amendment 628 #
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. The footprint declaration shall be limited to that impact category. The calculation rules shall cover all the impact categories of the PEF method, including the carbon footprint.
Amendment 636 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. The Commission mayshall adopt not later than three years after the entry into force of this Regulation, calculation and verification rules for a specific critical raw material if it has concluded, having considered the various relevant environmental impact categories, that the critical raw material in question has a significant environmental footprint and that therefore an obligation to declare the environmental footprint of that material regarding the most important impact category, when placing it on the market, is necessary and proportionate to contribute to the Union’s climate and environmental objectives by facilitating the supply of critical raw materials with lower environmental footprint.
Amendment 641 #
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. The European Union shall provide financial risk guarantees to accelerate geothermal mineral extraction investments for Strategic Projects in instances where private insurance schemes are not operated in a Member State. The financial risk guarantee shall, in coordination with the standing sub- group outlined in Article 15, provide coverage for resource risk for Strategic Projects that all produce renewable energy as well as the sustainable extraction of critical raw materials.
Amendment 665 #
Proposal for a regulation
Article 30 – paragraph 5 – subparagraph 2
Article 30 – paragraph 5 – subparagraph 2
The requirement set out in the first subparagraph shall apply to each individual critical raw material type placed on the market and shall notalso apply to critical raw materials included in intermediate or final products.
Amendment 671 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Each Member State shall draw up a national programme for general exploration targeted at critical raw materials. Each Member State shall draw up the first such programme by [OP please insert: 1 year after the date of entry into force of this Regulation]. The national programmes shall be reviewed and, if necessary, updated, at least every 5 years digitally updated with data incorporated from other exploration campaigns for annual publication.
Amendment 676 #
Proposal for a regulation
Article 30 a (new)
Article 30 a (new)
Article30a Environmental footprint thresholds 1. Critical raw materials shall only be placed on the EU market if their environmental footprint does not exceed any of the thresholds set out in the delegated acts adopted pursuant to paragraph 2 applicable to those products. 2. No lather than 36 months after the entry into force of this Regulation, the Commission shall adopt delegated acts to supplement this Regulation by establishing maximum environmental footprint thresholds for critical raw materials for which calculation rules have been adopted and for which no risk to security of supply was identified during the impact assesment.
Amendment 678 #
Proposal for a regulation
Article 18 – paragraph 2 – point e a (new)
Article 18 – paragraph 2 – point e a (new)
(ea) identify potential for geothermal extraction.
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 766 #
Proposal for a regulation
Article 25 – paragraph 1 – point a
Article 25 – paragraph 1 – point a
(a) increase the collection, sorting and processing of waste 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 769 #
Proposal for a regulation
Annex IV – paragraph 1 – point b – point i
Annex IV – paragraph 1 – point b – point i
(i) requirements ensuring environmentally sustainable practices, including requirements ensuring environmental management and impact mitigation; including but not limited to the following environmental risk categories :
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 771 #
Proposal for a regulation
Annex IV – paragraph 1 – point b – point i a (new)
Annex IV – paragraph 1 – point b – point i a (new)
(ia) biodiversity including no damage to habitats, wildlife, flora and ecosystems, including ecosystem services as well as not practicing deep-sea tailing placement, especially for the nickel industry ;
Amendment 773 #
Proposal for a regulation
Annex IV – paragraph 1 – point b – point i b (new)
Annex IV – paragraph 1 – point b – point i b (new)
(ib) air, including but not limited to air pollution, and greenhouse gas emissions and measurement (scope 1 and 2 at least) ;
Amendment 774 #
Proposal for a regulation
Annex IV – paragraph 1 – point b – point i c (new)
Annex IV – paragraph 1 – point b – point i c (new)
(ic) water, including seabed and marine environment and including but not limited to water pollution, water use, water quantities and access to water ;
Amendment 775 #
Proposal for a regulation
Annex IV – paragraph 1 – point b – point i d (new)
Annex IV – paragraph 1 – point b – point i d (new)
(id) soil, including but not limited to soil pollution, soil erosion, land use and land degradation ;
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 776 #
Proposal for a regulation
Annex IV – paragraph 1 – point b – point i e (new)
Annex IV – paragraph 1 – point b – point i e (new)
(ie) hazardous substances ;
Amendment 777 #
Proposal for a regulation
Annex IV – paragraph 1 – point b – point i f (new)
Annex IV – paragraph 1 – point b – point i f (new)
(if) noise and vibration ;
Amendment 778 #
Proposal for a regulation
Annex IV – paragraph 1 – point b – point i g (new)
Annex IV – paragraph 1 – point b – point i g (new)
(ig) plant safety ;
Amendment 779 #
Proposal for a regulation
Annex IV – paragraph 1 – point b – point i h (new)
Annex IV – paragraph 1 – point b – point i h (new)
(ih) energy use ;
Amendment 780 #
(ii) waste and residues.
Amendment 781 #
Proposal for a regulation
Article 25 – paragraph 1 – point c
Article 25 – paragraph 1 – point c
(c) increase the use of secondary and substitute critical raw materials, in manufacturing, including, where appropriate, by taking recycled and substitute content into account in award criteria related to public procurement;
Amendment 783 #
Proposal for a regulation
Annex IV – paragraph 1 – point b – point ii
Annex IV – paragraph 1 – point b – point ii
(ii) requirements for ensuring socially responsible practices, including respect for human rights and labour rights including community life of indigenous peoples;
Amendment 798 #
Proposal for a regulation
Annex IV – paragraph 1 – point c
Annex IV – paragraph 1 – point c
(c) verification and monitoring of compliance is objective, based on international, Union or national standards, requirements and procedures and carried out independently from the relevant economic operator; including but not limited to:
Amendment 800 #
Proposal for a regulation
Annex IV – paragraph 1 – point c – point i (new)
Annex IV – paragraph 1 – point c – point i (new)
i) Ten Principles of the United Nations Global Compact;
Amendment 801 #
Proposal for a regulation
Annex IV – paragraph 1 – point c – point ii (new)
Annex IV – paragraph 1 – point c – point ii (new)
ii) UNEP Guidelines for Social Life Cycle Assessment of Products;
Amendment 802 #
Proposal for a regulation
Annex IV – paragraph 1 – point c – point iii (new)
Annex IV – paragraph 1 – point c – point iii (new)
iii) Convention on Biological Diversity, in particular Decision COP VIII/28- Voluntary guidelines on Biodiversity-Inclusive impact assessment;
Amendment 803 #
Proposal for a regulation
Annex IV – paragraph 1 – point c – point iv (new)
Annex IV – paragraph 1 – point c – point iv (new)
iv) UN Paris Agreement;
Amendment 804 #
Proposal for a regulation
Annex IV – paragraph 1 – point c – point v (new)
Annex IV – paragraph 1 – point c – point v (new)
v) Eight fundamental ILO Conventions as defined under the ILO Declaration on Fundamental Principles and Rights at work;
Amendment 805 #
Proposal for a regulation
Annex IV – paragraph 1 – point c – point vi (new)
Annex IV – paragraph 1 – point c – point vi (new)
vi) any other international environmental conventions that are binding upon the Union or its Member States,
Amendment 806 #
Proposal for a regulation
Annex IV – paragraph 1 – point c – point vii (new)
Annex IV – paragraph 1 – point c – point vii (new)
vii) ILO Declaration on Fundamental Principles and Rights at Work;
Amendment 807 #
Proposal for a regulation
Annex IV – paragraph 1 – point c – point viii (new)
Annex IV – paragraph 1 – point c – point viii (new)
viii) 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 808 #
Proposal for a regulation
Annex IV – paragraph 1 – point c – point ix (new)
Annex IV – paragraph 1 – point c – point ix (new)
ix) UN Guiding Principles on Business and Human Rights ;
Amendment 809 #
Proposal for a regulation
Annex IV – paragraph 1 – point c – point x (new)
Annex IV – paragraph 1 – point c – point x (new)
x) OECD Guidelines for Multinational Enterprises ;
Amendment 810 #
Proposal for a regulation
Annex IV – paragraph 1 – point c – point xi (new)
Annex IV – paragraph 1 – point c – point xi (new)
xi) OECD Due diligence for Responsible Business Conduct ;
Amendment 811 #
Proposal for a regulation
Annex IV – paragraph 1 – point c – point xii (new)
Annex IV – paragraph 1 – point c – point xii (new)
xii) OECD Due diligence Guidance for Responsible Supply Chains of Minerals from Conflit-Affected and High-Risks Areas ;
Amendment 812 #
Proposal for a regulation
Annex IV – paragraph 1 – point c – point xiii (new)
Annex IV – paragraph 1 – point c – point xiii (new)
xiii) OECD Due Diligence Guidance for Meaningful Stakeholder Engagement in the Extractive Sector
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 818 #
Proposal for a regulation
Annex IV – paragraph 1 – point d a (new)
Annex IV – paragraph 1 – point d a (new)
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.