Activities of Helmut SCHOLZ related to 2023/0079(COD)
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 (25)
Amendment 68 #
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 reduce Europe’s demand of raw materials, in particular those affected by this regulation by 10% by 2030 and ensure that, by 2030, it is not 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.
Amendment 76 #
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 and that its benefits are shared fairly and equitably between the different partners, the partners should receive improved access to finance and increased transfer of technical know-how and technology. In order to ensure their added value, projects should be assessed against a set of criteria. Like projects in the Union, Strategic Projects in third countries should strengthen the Union's security of supply for strategic raw materials, show sufficient technical feasibility and be implemented sustainablywithout causing damages to the environment or human rights. 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, tmaking into account also its consistency with the Union’s common commercial policysure the Union’s common commercial policy is not an obstacle for the achievement of these objectives. Specific attention will be given to artisanal and small scale mining projects to ensure local communities directly benefit. Such value may be derived from the project’s contribution to more than one stage of the value chain as well as from creating through the project wider economic and social benefits, including the creation of employment in compliance with international standards, in particular the conventions of the International Labour Organisation and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), and in compliance with national laws and customary law, notably where land tenure rights are concerned. Where the Commission assesses these criteria to be fulfilled, it should publish the recognition as a Strategic Project in a decision.
Amendment 98 #
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 with a specific attention to due respect of legislation on forced labour and due diligence, labour rights and international legislation applicable to mining practices, as well as OECD efforts such as the Mining Regions and Cities initiatives, the Inter-Governmental Forum on Mining, Minerals, Metals and Sustainable Development, the OECD Policy Dialogue on Natural Resource-based Development and other international fora. Diversification of supply should take into account meaningful engagement with local communities, a balanced sharing of wealth across the supply and production chain, and the necessity to implement as soon as possible anti-speculation regulation mechanisms to control brokers and speculators. 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, 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 should be planned with transparency, under public scrutiny, designed for the transition of sustainable economies, reducing inequalities and not only as a de-risking mechanism for private sector competition and in that way contribute to the diversification of its raw materials supply chain as well as add value in the production in these countries.
Amendment 140 #
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 interest and the fair and equitable sharing of the generated benefits, in full compliance with human and labour rights and environmental standards according to international and national legislation, and in respect of multilateral cooperation rules.
Amendment 162 #
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 countrye form of contributing to the industrialisation, local communities development as well as social and economic cohesion in that country while respecting international standards and conventions related to environmental protection and human rights and respecting Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937. This should also include establishing cooperation agreements to enable access to justice and redress for communities in third countries affected by the human rights and environmental violations of companies involved in the strategic projects covered by this regulation.
Amendment 179 #
Proposal for a regulation
Article 6 – paragraph 5 – subparagraph 1
Article 6 – paragraph 5 – subparagraph 1
Where the Member State whose territory is concerned by a proposed project objects to granting the proposed project strategic status, it shall present substantiated reasons for doing so during the discussion referred to in paragraph 4. The project must comply with the EU environmental legislation, such as the Habitat Directive and the protection of Natura 2000 sites, and the commitments under Paris Agreement. The Board shall discuss the substantiated reasons presented by a Member State for its objection. If, after the discussion, the Member State maintains its objection, the project shall not be considered for the status of Strategic Project.
Amendment 183 #
Proposal for a regulation
Article 6 – paragraph 5 – subparagraph 2
Article 6 – paragraph 5 – subparagraph 2
For Strategic Projects in third countries, the Commission shall share the application received with the third country whose territory is concerned by the proposed project. The Commission shall not approve the application before receiving the explicit approval of the relevant third country, also ensuring that the approval has been given after a public consultation process using FPIC as established in ILO Convention 169 where it concerns community (customarily) owned land.
Amendment 265 #
Proposal for a regulation
Article 19 – paragraph 1 – point a
Article 19 – paragraph 1 – point a
(a) trade flows and its environmental and social impacts ;
Amendment 266 #
Proposal for a regulation
Article 19 – paragraph 1 – point a a (new)
Article 19 – paragraph 1 – point a a (new)
(aa) speculation
Amendment 267 #
Proposal for a regulation
Article 19 – paragraph 1 – point a b (new)
Article 19 – paragraph 1 – point a b (new)
(ab) corruption
Amendment 268 #
Proposal for a regulation
Article 19 – paragraph 1 – point a c (new)
Article 19 – paragraph 1 – point a c (new)
(ac) information on price distortions caused or aggravated by strategic stocks of critical and other raw materials held by public authorities, publicly owned companies or economic operators
Amendment 279 #
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 2 – point e a (new)
Article 19 – paragraph 3 – subparagraph 2 – point e a (new)
(ea) their impact on the environment, biodiversity and water quality;
Amendment 280 #
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 2 – point e b (new)
Article 19 – paragraph 3 – subparagraph 2 – point e b (new)
(eb) their social impact, in particular the level at which communities directly benefit from the operation
Amendment 334 #
Proposal for a regulation
Article 30 – paragraph 4 – point b
Article 30 – paragraph 4 – point b
(b) ensure that any such measure is not prepared, adopted or applied with a view to or with the effect of creating unnecessary obstacles to international trade and is no more trade-restrictive than necessary toof those measure will achieve the Union’s climate and environmental objectives, having regard to the ability of third-country suppliers to comply with such a declaration such that aggregate trade flows and critical raw materials costs are not disproportionately affected;
Amendment 336 #
Proposal for a regulation
Article 30 – paragraph 4 – point b a (new)
Article 30 – paragraph 4 – point b a (new)
(ba) make sure that it contributes to reduce the demand of primary strategic raw materials in the Union by 10% by 2030, in particularly by promoting circularity and prevention of use.
Amendment 351 #
Proposal for a regulation
Article 33 – paragraph 1 – point a – point iii
Article 33 – paragraph 1 – point a – point iii
(iii) improving cooperation and benefit sharing along the critical raw materials value chain between the Union and partner countries;
Amendment 355 #
Proposal for a regulation
Article 33 – paragraph 1 – point a – point iii a (new)
Article 33 – paragraph 1 – point a – point iii a (new)
(iiia) economic and social development in the Union and partner countries;
Amendment 356 #
Proposal for a regulation
Article 33 – paragraph 1 – point a – point iii b (new)
Article 33 – paragraph 1 – point a – point iii b (new)
(iiib) respect for human and labour rights by all actors and subcontractors involved along the value chain; in particular the elimination of forced labour, including child labour
Amendment 358 #
Proposal for a regulation
Article 33 – paragraph 1 – point a – point iii c (new)
Article 33 – paragraph 1 – point a – point iii c (new)
(iiic) addressing the climate emergency, the protection of biodiversity and water quality, and the European Union's environmental objectives.
Amendment 359 #
Proposal for a regulation
Article 33 – paragraph 1 – point a – point iii d (new)
Article 33 – paragraph 1 – point a – point iii d (new)
(iiid) stimulating regional economic cooperation
Amendment 362 #
Proposal for a regulation
Article 33 – paragraph 1 – point b a (new)
Article 33 – paragraph 1 – point b a (new)
(ba) whether trade agreement, in particular the energy and raw materials chapter, could affect the efforts for industrialisation of raw materials in partner countries;
Amendment 367 #
(ii) whether a third country's regulatory framework and its effective implementation ensures the monitoring, prevention and minimisation of environmental impacts, the use of socially responsible practices and respect for international law, including respect of human and labour rights and meaningful engagement with local communities through a solid FPIC process, respect of the Convention on Biodiversity (CBD) and the Kunming-Montreal Global Biodiversity Framework, the use of transparent business practices and the prevention of adverse impacts on the proper functioning of public administration and the rule of law;
Amendment 377 #
Proposal for a regulation
Article 33 – paragraph 1 – point c – point iv
Article 33 – paragraph 1 – point c – point iv
(iv) for emerging markets and developing economies, whether and how a partnership could contribute to local value addition, the inclusion of local and regional companies at every stage of the process and would be mutually beneficial for the partner country and the Union.
Amendment 394 #
Proposal for a regulation
Article 33 – paragraph 3 – point b a (new)
Article 33 – paragraph 3 – point b a (new)
(ba) Identify, cease, prevent, mitigate, monitor, and account for potential and actual human rights and environmental adverse impacts
Amendment 395 #
Proposal for a regulation
Article 33 – paragraph 3 – point b b (new)
Article 33 – paragraph 3 – point b b (new)
(bb) propose a multilateral structure of cooperation on critical raw materials that delivers economic and social benefits, balances the extractive production of CRM and its gradual reduction in a mid- and long-term period as well as include effective safeguards that reduce social and environmental impacts and conserve biodiversity and ecosystems within existing global boundaries and that enables the setting of beyond growth strategies.