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Document 02024R1252-20240503
Regulation (EU) 2024/1252 of the European Parliament and of the Council of 11 April 2024 establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulations (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1724 and (EU) 2019/1020 (Text with EEA relevance)
Consolidated text: Regulation (EU) 2024/1252 of the European Parliament and of the Council of 11 April 2024 establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulations (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1724 and (EU) 2019/1020 (Text with EEA relevance)
Regulation (EU) 2024/1252 of the European Parliament and of the Council of 11 April 2024 establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulations (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1724 and (EU) 2019/1020 (Text with EEA relevance)
02024R1252 — EN — 03.05.2024 — 000.001
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REGULATION (EU) 2024/1252 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 April 2024 establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulations (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1724 and (EU) 2019/1020 (OJ L 1252 3.5.2024, p. 1) |
Corrected by:
REGULATION (EU) 2024/1252 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 11 April 2024
establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulations (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1724 and (EU) 2019/1020
(Text with EEA relevance)
CHAPTER 1
GENERAL PROVISIONS
Article 1
Subject matter and objectives
To achieve the general objective referred to in paragraph 1, this Regulation lays down measures aiming to:
lower the risk of supply disruptions related to critical raw materials likely to distort competition and fragment the internal market, in particular by identifying and supporting strategic projects that contribute to lowering dependencies and diversifying imports and by undertaking efforts to incentivise technological progress and resource efficiency in order to moderate the expected increase in the Union consumption of critical raw materials;
improve the Union’s ability to monitor and mitigate the supply risk related to critical raw materials;
ensure the free movement of critical raw materials and products containing critical raw materials placed on the Union market while ensuring a high level of environmental protection and sustainability, including by improving their circularity.
Article 2
Definitions
For the purposes of this Regulation, the following definitions apply:
‘raw material’ means a substance in processed or unprocessed state used as an input for the manufacturing of intermediate or final products, excluding substances predominantly used as food, feed or combustion fuel;
‘raw materials value chain’ means all activities and processes involved in the exploration, extraction, processing and recycling of raw materials;
‘exploration’ means all activities aimed at identifying and establishing the properties of mineral occurrences;
‘extraction’ means the extraction of ores, minerals and plant products from their original source as a main product or as a by-product, including from mineral occurrence underground, mineral occurrence under and in water, and from brine and trees;
‘Union extraction capacity’ means an aggregate of the maximum annual production volumes of extractive operations for ores, minerals, plant products and concentrates containing strategic raw materials, including processing operations that are typically located at or near the extraction site, located in the Union;
‘mineral occurrences’ means any single mineral or combination of minerals occurring in a mass or deposit of potential economic interest;
‘reserves’ means all mineral occurrences that are economically viable to extract in a particular market context;
‘processing’ means all physical, chemical and biological processes involved in the transformation of a raw material from ores, minerals, plant products or waste into pure metals, alloys or other economically usable forms, including beneficiation, separation, smelting and refining, and excluding metal working and further transformation into intermediate and final goods;
‘Union processing capacity’ means an aggregate of the maximum annual production volumes of processing operations for strategic raw materials, excluding such operations that are typically located at or near the extraction site, located in the Union;
‘recycling’ means recycling as defined in Article 3, point (17), of Directive 2008/98/EC;
‘Union recycling capacity’ means an aggregate of the maximum annual production volume of recycling operations for strategic raw materials after re-processing, including the sorting and pre-treatment of waste, and its processing into secondary raw materials, located in the Union;
‘annual consumption of strategic raw materials’ means an aggregate of the amount of strategic raw materials consumed by undertakings established in the Union in processed form, excluding strategic raw materials incorporated in intermediate or final products placed on the Union market;
‘supply risk’ means supply risk as calculated in line with Annex II, Section 2;
‘critical raw material project’ means any planned facility or planned significant extension or repurposing of an existing facility that is active in the extraction, processing or recycling of critical raw materials;
‘offtaker’ means an undertaking that has entered into an offtake agreement with a project promoter;
‘offtake agreement’ means any contractual agreement between an undertaking and a project promoter containing either a commitment on part of the undertaking to procure a share of the raw materials produced by a specific raw material project over a certain period of time or a commitment on part of the project promoter to provide the undertaking with the option to do so;
‘project promoter’ means any undertaking or consortium of undertakings developing a raw material project;
‘permit-granting process’ means a process covering all relevant permits to build and operate a critical raw material project, including building, chemical and grid connection permits and environmental assessments and authorisations where those are required, and encompassing all applications and procedures from the acknowledgment that the application is complete to the notification of the comprehensive decision on the outcome of the procedure by the single point of contact concerned;
‘comprehensive decision’ means the decision or set of decisions taken by Member State authorities that determines whether a project promoter is authorised to implement a critical raw material project, without prejudice to any decision taken in the context of an appeal procedure;
‘national programme’ means a national programme or a compiled set of programmes, covering the entire territory, prepared and adopted by relevant national or regional authorities;
‘general exploration’ means exploration at national or regional level, not including targeted exploration;
‘targeted exploration’ means the detailed investigation of an individual mineral occurrence;
‘predictive map’ means a map indicating areas that are likely to contain mineral occurrences of a given raw material;
‘supply disruption’ means the unexpected significant decrease in the availability of a raw material or significant increase in the price of a raw material beyond normal market price volatility;
‘raw materials supply chain’ means all activities and processes of the raw materials value chain up to the point where a raw material is used as an input for the manufacturing of intermediate or final products;
‘mitigation strategies’ means the policies developed by an economic operator to limit the likelihood of a supply disruption to its raw materials supply chain or to mitigate the damages caused by such a supply disruption to its economic activity;
‘key market operators’ means undertakings in the Union’s critical raw materials supply chain and downstream undertakings consuming critical raw materials, the reliable functioning of which is essential for the supply of critical raw materials;
‘strategic stock’ means a quantity of a particular raw material in whichever form that is stored by a public or private operator with a view to releasing it in the event of a supply disruption;
‘large company’ means a company with more than 500 employees on average and a net worldwide turnover of more than EUR 150 million in the most recent financial year for which annual financial statements have been prepared;
‘strategic technologies’ means the key technologies instrumental for the green and digital transitions as well as for defence and aerospace applications;
‘board of directors’ means the administrative or supervisory body responsible for supervising the executive management of the company, or, if no such body exists, the person or persons performing equivalent functions;
‘waste’ means waste as defined in Article 3, point (1), of Directive 2008/98/EC;
‘collection’ means collection as defined in Article 3, point (10), of Directive 2008/98/EC;
‘treatment’ means treatment as defined in Article 3, point (14), of Directive 2008/98/EC;
‘recovery’ means recovery as defined in Article 3, point (15), of Directive 2008/98/EC;
‘re-use’ means re-use as defined in Article 3, point (13), of Directive 2008/98/EC;
‘extractive waste’ means extractive waste within the meaning of Article 2(1) of Directive 2006/21/EC;
‘extractive waste facility’ means waste facility as defined in Article 3, point (15), of Directive 2006/21/EC;
‘preliminary economic assessment’ means an early-stage, conceptual assessment of the potential economic viability of a project for the recovery of critical raw materials from extractive waste;
‘magnetic resonance imaging device’ means a non-invasive medical device that uses magnetic fields to make anatomical images or any other device that uses magnetic fields to make images of the inside of object;
‘wind energy generator’ means the part of an onshore or offshore wind turbine that converts the mechanical energy of the rotor into electrical energy;
‘industrial robot’ means an automatically controlled, reprogrammable, multipurpose manipulator, programmable in three or more axes, which can either be fixed or mobile for use in industrial automation applications;
‘motor vehicle’ means any type-approved vehicle of the M or N categories as set out in Article 4(1), points (a) and (b), of Regulation (EU) 2018/858;
‘light means of transport’ means any light wheeled vehicle that can be powered by the electric motor alone or by a combination of motor and human power, including electric scooters, electric bicycles and type-approved vehicles of category L as set out in Article 4 of Regulation (EU) No 168/2013;
‘cooling generator’ means the part of a cooling system that generates a temperature difference allowing heat extraction from the space or process to be cooled, using an electric vapour compression cycle;
‘heat pump’ means the part of a heating system that generates a temperature difference allowing heat supply to the space or process to be heated, using an electric vapour compression cycle;
‘electric motor’ means a device that converts electrical input power into mechanical output power in the form of a rotation with a rotational speed and torque that depends on factors including the frequency of the supply voltage and number of poles of the motor, and with a rated output equal to or above 0,12 kW;
‘automatic washing machine’ means a washing machine where the load is fully treated by the washing machine without the need for user intervention at any point during the programme;
‘tumble drier’ means an appliance in which textiles are dried by tumbling in a rotating drum through which heated air is passed;
‘microwave’ means any appliance intended to be used for the heating of food using electromagnetic energy;
‘vacuum cleaner’ means an appliance that removes soil from a surface to be cleaned by means of an airflow created by underpressure developed within the unit;
‘dishwasher’ means a machine which cleans and rinses tableware;
‘permanent magnet’ means a magnet that retains its magnetism after being removed from an external magnetic field;
‘data carrier’ means a linear bar code symbol, a two-dimensional symbol or other automatic identification data capture medium that can be read by a device;
‘unique product identifier’ means a unique string of characters for the identification of products;
‘magnet coating’ means a layer of material generally used to protect magnets from corrosion;
‘removal’ means manual, mechanical, chemical, thermal or metallurgic handling with the result that the targeted components or materials are identifiable as a separate output stream or part of an output stream;
‘recycler’ means any natural or legal person who carries out recycling in a permitted facility;
‘making available on the market’ means any supply of a product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge;
‘critical raw material type’ means a critical raw material placed on the market that is differentiated by its stage of processing, its chemical composition, its geographical origin or the production methods used;
‘placing on the market’ means the first making available of a product on the Union market;
‘conformity assessment’ means the process demonstrating whether the requirements set out in Article 28, 29 or 31 have been fulfilled;
‘Strategic Partnership’ means a commitment between the Union and a third country or an overseas country or territory to increase cooperation related to the raw materials value chain that is established through a non-binding instrument setting out actions of mutual interest, which facilitate beneficial outcomes for both the Union and the relevant third country or overseas countries or territories;
‘multi-stakeholder governance’ means a formal, meaningful, and substantive role of multiple types of stakeholders, including at least civil society, in the decision-making of a certification scheme, documented by way of a mandate, terms of reference or other evidence, which confirms or supports the involvement of the multi-stakeholder representatives of that certification scheme.
CHAPTER 2
STRATEGIC AND CRITICAL RAW MATERIALS
Article 3
List of strategic raw materials
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.
Upon the request of the European Critical Raw Materials Board established in Article 35 (the ‘Board’) on the basis of monitoring and stress testing in accordance with this Regulation, the Commission shall review and, where appropriate, update the list of strategic raw materials at any time in addition to the regular reviews.
As part of the first update of the list of strategic raw materials pursuant to the first subparagraph, the Commission shall, in particular, assess whether, on the basis of its assessment pursuant to paragraph 2 of this Article and Annex I, Section 2, synthetic graphite should remain in the list of strategic raw materials.
Article 4
List of critical raw materials
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 threshold of 1 for supply risk and 2,8 for economic importance. Economic importance and supply risk shall be calculated in accordance with Annex II, Section 2.
CHAPTER 3
STRENGTHENING THE UNION RAW MATERIALS VALUE CHAIN
SECTION 1
Benchmarks
Article 5
Benchmarks
The Commission and Member States shall strengthen the different stages of the strategic raw materials value chain through the measures provided for in this Chapter in order to:
ensure that, by 2030, Union capacities for each strategic raw material have significantly increased so that, overall, Union capacity approaches or reaches the following benchmarks:
Union extraction capacity is capable of extracting the ores, minerals or concentrates needed to produce at least 10 % of the Union’s annual consumption of strategic raw materials, to the extent possible in light of the Union’s reserves;
Union processing capacity, including for all intermediate processing steps, is capable of producing at least 40 % of the Union’s annual consumption of strategic raw materials;
Union recycling capacity, including for all intermediate recycling steps, is capable of producing at least 25 % of the Union’s annual consumption of strategic raw materials and is capable of recycling significantly increasing amounts of each strategic raw material from waste;
diversify the Union’s imports of strategic raw materials with a view to ensuring 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 or from overseas countries or territories (OCTs) and that no third country accounts for more than 65 % of the Union’s annual consumption of such a strategic raw material.
The delegated acts adopted pursuant to the first subparagraph shall specify the waste streams and the strategic raw materials within them for which sufficient information on the relevant waste volumes and their strategic raw material content is available on the basis of the reporting requirements of Regulation (EU) 2023/1542, Directive 2000/53/EC of the European Parliament and of the Council ( 1 ), Directive 2008/98/EC and Directive 2012/19/EU of the European Parliament and of the Council ( 2 ), to allow for estimating the Union recycling capacity as a share of the strategic raw materials contained in the relevant waste streams.
The delegated acts adopted pursuant to the first subparagraph shall also set a Union recycling capacity benchmark based on the recycling capacity for each strategic raw material in the relevant waste streams identified pursuant to the second subparagraph.
The Commission shall set the recycling capacity benchmark referred to in the third subparagraph on the basis of the following elements:
current Union recycling capacity expressed as a share of the strategic raw materials available in relevant waste streams;
the extent to which strategic raw materials can be recovered from those waste streams, taking into account technological and economic feasibility;
targets set in other Union legal acts relevant to the recovery of strategic raw materials from waste.
The Commission is empowered to adopt delegated act in accordance with Article 38 to amend this Regulation by updating the delegated acts adopted pursuant to the first subparagraph of this paragraph if, as a result of the assessment referred to in Article 48(2), information becomes available on the relevant waste volumes and strategic raw material content of further waste streams.
SECTION 2
Strategic Projects
Article 6
Criteria for the recognition of Strategic Projects
Following an application of the project promoter and in accordance with the procedure established in Article 7, the Commission shall recognise as Strategic Projects raw material projects that meet the following criteria:
the project would make a meaningful contribution to the security of the Union’s supply of strategic raw materials;
the project is or will become technically feasible within a reasonable timeframe and the expected production volume of the project can be estimated with a sufficient level of confidence;
the project would be implemented sustainably, in particular as regards the monitoring, prevention and minimisation of environmental impacts, the prevention and minimisation of socially adverse impacts through the use of socially responsible practices including respect for human rights, indigenous peoples and labour rights, in particular in the case of involuntary resettlement, potential for quality job creation and meaningful engagement with local communities and relevant social partners, and the use of transparent business practices with adequate compliance policies to prevent and minimise risks of adverse impacts on the proper functioning of public administration, including corruption and bribery;
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;
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 third country.
The Commission is empowered to adopt delegated acts in accordance with Article 38 to amend Annex III in order to adapt the elements and evidence to be taken into account when assessing the fulfilment of the criteria for the recognition set out in paragraph 1 of this Article to technical and scientific progress or to take into account changes to the international instruments listed in Annex III, point 5, or the adoption of new international instruments relevant for the fulfilment of the criterion referred to in paragraph 1, point (c), of this Article.
Article 7
Application and recognition
Applications for recognition of a critical raw material project as a Strategic Project shall be submitted by the project promoter to the Commission. The application shall include:
relevant evidence related to fulfilment of the criteria laid down in Article 6(1);
a classification of the project according to the United Nations Framework Classification for Resources, supported by appropriate evidence;
a timetable for the implementation of the project, including an overview of the permits required for the project and the status of the corresponding permit-granting process;
a plan containing measures to facilitate public acceptance including, where appropriate, measures to facilitate the meaningful involvement and active participation of affected communities, the establishment of recurrent communication channels with local communities, organisations, including social partners, and relevant authorities, and the implementation of awareness-raising and information campaigns and potential mitigation and compensation mechanisms;
information about the control of the undertakings involved in the project, as defined in Article 3(2) and (3) of Council Regulation (EC) No 139/2004 ( 3 ), and, where multiple undertakings are involved, information outlining the relative involvement of each undertaking in the project;
a business plan evaluating the financial viability of the project;
an estimate of the project’s potential for quality job creation and the project’s needs in terms of skilled workforce and a work plan to support upskilling and reskilling and promote inclusive representation of the workforce;
for projects in third countries or in OCTs involving extraction, a plan to improve the environmental state of the affected sites after the end of exploitation, with a view to restoring the prior environmental state while taking into account technical and economic feasibility;
for projects related exclusively to processing or recycling located in areas protected pursuant to Directive 92/43/EEC or Directive 2009/147/EC, a description of the technically appropriate alternative locations assessed by the project promoter and why those alternative locations are not considered to be appropriate locations for the project;
for projects with the potential to affect indigenous peoples, a plan containing measures dedicated to a meaningful consultation of the affected indigenous peoples about the prevention and minimisation of the adverse impacts on indigenous rights and, where appropriate, fair compensation for those peoples, as well as measures to address the outcomes of the consultation.
Where the national law of the country whose territory is concerned by a project contains provisions for consultation as referred to in point (j) of the first subparagraph and provided that such consultation covers all the aims set out in that point, the plan may be adjusted accordingly.
The extent of documentation required to complete the single template referred to in the first subparagraph shall be reasonable.
The first such cut-off date shall be no later than 24 August 2024. The Commission shall set cut-off dates at least four times per year.
The Commission shall provide the Board with its assessment of whether the proposed projects fulfil the criteria laid down in Article 6(1) in advance of the meetings referred to in the first subparagraph of this paragraph.
For Strategic Projects in third countries or in OCTs, the Commission shall share the application received with the third country or OCTs whose territory is concerned by the proposed project. The Commission shall not approve the application before receiving the explicit approval of a relevant third country.
The Commission’s decision shall be reasoned. The Commission shall provide its decision to the Board and to the Member State or third country whose territory is concerned by the project.
Before adopting a decision to withdraw recognition, the Commission shall provide the project promoter with reasons for its decision, the project promoter shall be given the opportunity to reply and the Commission shall take into account the project promoter’s reply.
Article 8
Reporting and information obligations for Strategic Projects
The project promoter shall, every two years after the date of recognition as a Strategic Project, submit a report to the Commission containing information on at least:
progress in the implementation of the Strategic Project, in particular with regard to the permit-granting process;
where relevant, reasons for delays compared to the timetable referred to in Article 7(1), point (c) and a plan to overcome such delays;
progress in financing the Strategic Project, including information on public financial support.
The Commission shall submit a copy of the report referred to in the first subparagraph of this paragraph to the Board in order to facilitate the discussions referred to in Article 36(7), point (c).
The project promoter shall notify the Commission of:
changes to the Strategic Project affecting its fulfilment of the criteria laid down in Article 6(1);
changes in control of the undertakings involved in the Strategic Project on a lasting basis, compared to the information referred to in Article 7(1), point (e).
The extent of documentation required to complete the single template referred to in the first subparagraph shall be reasonable.
SECTION 3
Permit-granting process
Article 9
Single point of contact
Article 10
Priority status of Strategic Projects
Article 11
Duration of the permit-granting process
For Strategic Projects in the Union, the permit-granting process shall not exceed:
27 months for Strategic Projects involving extraction;
15 months for Strategic Projects involving only processing or recycling.
By way of derogation from paragraph 1, for Strategic Projects in the Union that were subject to the permit-granting process before being recognised as Strategic Projects and for extensions of existing Strategic Projects that have already been granted a permit, the duration of the permit-granting process after the project is recognised as a Strategic Project shall not exceed:
24 months for Strategic Projects involving extraction;
12 months for Strategic Projects involving only processing or recycling.
In exceptional cases, where the nature, complexity, location or size of the Strategic Project so require, Member States may extend, before their expiry and on a case-by-case basis, the time limits referred to in:
paragraph 1, point (a), and paragraph 2, point (a), by a maximum of six months;
paragraph 1, point (b), and paragraph 2, point (b), by a maximum of three months.
In the event of such an extension, the single point of contact concerned shall inform the project promoter in writing of the reasons justifying the extension and of the deadline for the comprehensive decision.
The date of the acknowledgement referred to in the first subparagraph shall serve as the start of the permit-granting process.
The time limits set in this Article for any of the permit-granting procedures shall be without prejudice to any shorter time limits set by Member States.
Article 12
Environmental assessments and authorisations
The single point of contact concerned shall ensure that the opinion referred to in the first subparagraph is issued as soon as possible and within a period of time not exceeding 45 days from the date on which the project promoter submitted its request for an opinion.
Under the coordinated procedure referred to in the first subparagraph, the competent authority shall coordinate the various individual assessments of the environmental impact of a particular project required by the relevant Union legislative acts.
Under the joint procedure referred to in the first subparagraph, the competent authority shall provide for a single assessment of the environmental impact of a particular project required by the relevant Union legislative acts.
Paragraphs 2 to 5 shall apply to the permit-granting process for Strategic Projects that had entered in the permit-granting process before being recognised as a Strategic Project only to the extent that the steps addressed in those paragraphs have not yet been completed.
Article 13
Planning
Article 14
Applicability of UNECE conventions
SECTION 4
Enabling conditions
Article 15
Accelerating implementation of Strategic Projects
The Member State whose territory is concerned by a Strategic Project shall take measures to facilitate its timely and effective implementation. Those measures may include assistance to:
ensure compliance with applicable administrative and reporting obligations;
further increase the ability of project promoters to ensure the meaningful involvement and active participation of the communities affected by the Strategic Project.
Article 16
Coordination of financing
The standing subgroup established pursuant to Article 36(8), point (a) shall, at the request of a project promoter of a Strategic Project, discuss and provide advice on how the financing of its project can be completed, taking into account the funding already secured and considering at least the following elements:
additional private sources of financing;
support through resources from the European Investment Bank Group or other international financial institutions including the European Bank for Reconstruction and Development;
existing Member State instruments and programmes, including from export credit agencies, national promotional banks and institutions;
relevant Union funding and financing programmes, with a particular focus on the Global Gateway Initiative for Strategic Projects in third countries or in OCTs.
Article 17
Facilitating offtake agreements
The system referred to in paragraph 1 shall allow potential offtakers to make bids indicating:
the volume and quality of strategic raw materials they intend to purchase;
the intended price or price range;
the intended duration of the offtake agreement.
The system referred to in paragraph 1 shall allow project promoters of Strategic Projects to make offers indicating:
the volume and quality of strategic raw materials for which they are seeking to conclude off-take agreements;
the intended price or price range at which they are willing to sell;
the intended duration of the offtake agreement.
Article 18
Online accessibility of administrative information
Member States shall provide the following information on administrative processes relevant to critical raw material projects online, and in a centralised and easily accessible manner:
the information referred to in Article 9(2);
the permit-granting process and related administrative processes required for obtaining the relevant permits;
financing and investment services;
funding possibilities at Union or Member State level;
business support services, including but not limited to corporate tax declaration, local tax laws or labour law.
SECTION 5
Exploration
Article 19
National exploration programmes
The national programmes referred to in paragraph 1 shall include measures to increase available information on the Union’s critical raw material occurrences. They shall include, as appropriate, the following measures:
mineral mapping at a suitable scale;
geochemical campaigns, including to establish the chemical compositions of soils, sediments or rocks;
geoscientific surveys, such as geophysical surveys;
processing of the data gathered through general exploration, including through the development of predictive maps;
reprocessing of existing geoscientific survey data to check for unidentified mineral occurrences containing critical raw materials and carrier minerals of critical raw materials.
The Commission may adopt implementing acts establishing a template for making available the information referred to in the first subparagraph of this paragraph. The template may indicate how the information referred to in the first subparagraph of this paragraph shall be expressed. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 39(2).
Taking into consideration existing cooperation on general exploration, the standing subgroup referred to in Article 36(8), point (c) shall discuss the national programmes referred to in paragraph 1 of this Article and their implementation, including at least:
the potential for cooperation, including on exploration of cross-border mineral occurrences and common geological formations;
best practices related to the measures listed in paragraph 2;
the possibility to create an integrated database for storing the results of the national programmes referred to in paragraph 1.
CHAPTER 4
RISK MONITORING AND MITIGATION
Article 20
Monitoring and stress testing
That monitoring shall cover at least the evolution of the following parameters:
trade flows between the Union and third countries and within the internal market;
demand and supply;
concentration of supply;
Union and global production and production capacities at different stages of the raw materials value chain;
price volatility;
bottlenecks at any stages of Union production and permitting bottlenecks for Strategic Projects within the Union;
potential obstacles to trade in critical raw materials or in goods that use critical raw materials as input within the internal market.
The national authorities participating in the standing subgroup referred to in Article 36(8), point (e) shall support the Commission in the monitoring referred to in paragraph 1 of this Article by:
sharing relevant information they have at their disposal on the evolution of the parameters listed in paragraph 1 of this Article, except for point (e) thereof, including the information referred to in Article 21;
gathering, in coordination with the Commission and the other participating authorities, information on the evolution of the parameters listed in paragraph 1 of this Article, including the information referred to in Article 21;
providing an analysis of the supply risks for critical raw materials in light of the evolution of the parameters listed in paragraph 1;
informing the Commission without delay if the Member State becomes aware of a risk of a serious supply disruption related to critical raw materials.
The stress tests referred to in the first subparagraph shall consist of an assessment of the vulnerability of the Union’s raw materials supply chain of the relevant strategic raw material to supply disruptions by estimating the impact of different scenarios that may cause such supply disruptions and their potential effects, taking into account at least the following elements:
where the strategic raw material concerned is extracted, processed or recycled;
the capacities of economic operators along the raw materials value chain as well as the market structure;
factors that might affect supply, including but not limited to the geopolitical situation, logistics, energy supply, workforce or natural disasters;
the availability and ability to swiftly diversify supply sources, substitute materials or mitigate demand;
the users of the relevant strategic raw material along the raw materials 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;
potential obstacles to cross-border trade in relevant strategic raw materials or in goods that use strategic raw materials as an input within the internal market.
The Commission shall make publicly available on a free-access website and regularly update a monitoring dashboard containing:
aggregated information on the evolution of the parameters referred to in paragraph 1;
an aggregated description of calculation of the supply risk for critical raw materials in light of the information referred to in point (a) of this paragraph;
where appropriate, general suggestions for suitable mitigation strategies to decrease supply risk, unless making those general suggestions publicly available jeopardise the protection of trade or business secrets or other sensitive, confidential or classified information.
Article 21
Information obligations for monitoring
Member States shall identify key market operators along the critical raw materials value chain established in their territory and shall:
monitor their activities by exploring publicly available data and if necessary through regular and proportionate surveys with a view to gathering information required for the Commission’s monitoring and stress testing pursuant to Article 20;
in their reports submitted pursuant to Article 45, provide information about the results of the information gathering pursuant to point (a) of this subparagraph;
without delay notify the Commission of major events that may hinder the regular operations of the activities of key market operators.
Key market operators may refuse to submit data requested pursuant to point (a) of the first subparagraph if the sharing of such data would lead to the disclosure of trade or business secrets. They shall submit such data only to the extent that it is already available to them. Where a key market operator refuses to submit data requested or claims that it is not available, it shall provide the requesting Member State with reasons therefor.
Article 22
Reporting of strategic stocks
The information referred to in paragraph 1 shall cover strategic stocks held by all public authorities, publicly owned companies or economic operators charged by a Member State to build up strategic stocks on its behalf and shall at least include a description of:
the level of strategic stocks available for each strategic raw material, on an aggregated level, measured both in tonnes and as a percentage of annual national consumption of the relevant strategic raw materials, as well as the chemical form and purity of the raw materials stocked;
the evolution of the level of strategic stocks available for each strategic raw material, on an aggregated level, over the preceding five years;
any rules or procedures applicable to the release, allocation and distribution of strategic stocks, unless sharing such information jeopardises the protection of trade or business secrets or other sensitive, confidential or classified information.
Article 23
Coordination of strategic stocks
By 24 May 2026 and every two years thereafter, the Commission shall, on the basis of the information received pursuant to Article 22(1), share with the Board:
a draft benchmark indicating a safe level of Union strategic stocks for each strategic raw material, as referred to in paragraph 2 of this Article;
a comparison of the overall level of Union strategic stocks for each strategic raw material and the draft benchmark referred to in point (a) of this paragraph;
information on the potential cross-border accessibility of strategic stocks, in light of the rules or procedures for their release, allocation and distribution.
The Commission, taking account of the views of the Board, shall adopt a benchmark indicating a safe level of Union strategic stocks of strategic raw materials. That benchmark shall:
be expressed as the amount of strategic raw materials needed to cover an amount of days of average daily net imports in the case of a supply disruption, calculated on the basis of the amount of imports during the previous calendar year;
take into account publicly available information on strategic stocks held by private operators;
be proportionate to the supply risk and economic importance associated with the relevant strategic raw material.
The Commission may, taking account of the views of the Board, issue opinions addressed to Member States:
to increase the level of strategic stocks, and where applicable, production capabilities, taking into account the comparison referred to in paragraph 1, point (b), the relative distribution of existing strategic stocks among Member States and the consumption of strategic raw materials by economic operators in the Member States’ respective territories;
to amend or coordinate the rules or procedures for the release, allocation and distribution of strategic stocks in order to improve the potential cross-border accessibility, in particular where necessary for the production of strategic technologies.
Article 24
Company risk preparedness
Large companies as referred to in paragraph 1 shall, at least every three years and to the extent the required information is available to them, carry out a risk assessment of their raw materials supply chain of strategic raw materials, including:
a mapping of where the strategic raw materials they use are extracted, processed or recycled;
an analysis of the factors that might affect their supply of strategic raw materials;
an assessment of their vulnerabilities to supply disruptions.
Article 25
Joint purchasing
On the basis of the assessment referred to in paragraph 2, when setting up and operating the system referred to in paragraph 1, the Commission shall:
choose for which strategic raw materials and at which processing stage the system can be used, taking into account the relative supply risk of different strategic raw materials;
set minimum amounts of demanded strategic raw material to participate in the system, taking into account the expected number of interested participants and the need to ensure a manageable number of participants, while taking into account the needs of SMEs.
Entities shall be excluded from participating in demand aggregation and joint purchasing as well as from participating as suppliers or service providers if they are:
targeted by Union restrictive measures adopted pursuant to Article 215 TFEU;
directly or indirectly owned or controlled by, or acting on behalf or at the direction of natural or legal persons, entities or bodies targeted by such Union restrictive measures.
CHAPTER 5
SUSTAINABILITY
SECTION 1
Circularity
Article 26
National measures on circularity
Each Member State shall, by two years from the date of entry into force of the implementing act referred to in paragraph 7, adopt and implement, or include in, national programmes containing measures designed to:
incentivise technological progress and resource efficiency in order to moderate the expected increase in Union consumption of critical raw materials;
promote waste prevention and increase re-use and repair of products and components with relevant critical raw materials recovery potential;
increase the collection, sorting and processing of waste with relevant critical raw materials recovery potential, including metal scraps, 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;
increase the use of secondary critical raw materials, including through measures such as taking recycled content into account in award criteria related to public procurement or financial incentives for the use of secondary critical raw materials;
increase the technological maturity of recycling technologies for critical raw materials and promote circular design, materials efficiency and substitution of critical raw materials in products and applications, at least by including support actions to that effect under national research and innovation programmes;
ensure that measures are in place to equip their workforce with the skills needed to support circularity of the critical raw materials value chain, including measures on upskilling and reskilling;
where financial contributions are to be paid by the producer in accordance with its extended producer responsibility obligations under national law in accordance with Article 8(1) of Directive 2008/98/EC, promote the modulation of such financial contributions to incentivise a larger share of secondary critical raw materials recovered from waste, recycled in line with relevant Union environmental standards, to be contained in products;
take necessary measures to ensure that critical raw materials that are exported after ceasing to be waste fulfil the relevant conditions in accordance with Directive 2008/98/EC and other relevant Union law;
where relevant, support the use of Union quality standards for recycling processes of waste streams containing critical raw materials.
The national programmes referred to in the first subparagraph shall be reviewed within five years of their adoption and updated if necessary.
With respect to paragraph 1, points (b), (c) and (d), the programmes referred to in those points may include, without prejudice to Articles 107 and 108 TFEU, the introduction of financial incentives, such as discounts, monetary rewards or deposit-refund systems, to encourage the preparation for re-use and re-use of products with relevant critical raw materials recovery potential, and the collection and treatment of waste from such products.
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 39(3).
The first reporting period shall cover the first full calendar year after the adoption of those implementing acts. Member States shall submit that data 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.
In drawing up that list, the Commission shall take account of:
the total amount of critical raw materials recoverable from those products, components and waste streams;
the extent to which those products, components and waste streams are covered by Union law;
regulatory gaps;
particular challenges affecting the collection and waste treatment of products, components and waste streams;
existing systems of collection and waste treatment applying to products, components and waste streams.
The implementing acts referred to in the first subparagraph of this paragraph shall be adopted in accordance with the examination procedure referred to in Article 39(3).
Article 27
Recovery of critical raw materials from extractive waste
Operators obliged to draw up waste management plans in accordance with Article 5 of Directive 2006/21/EC shall provide to the competent authority as defined in Article 3, point (27), of that Directive a preliminary economic assessment study regarding the potential recovery of critical raw materials, from:
the extractive waste stored in the facility; and
the extractive waste being generated or, where considered more effective, from the extracted volume prior to it becoming waste.
Operators shall be exempt from the obligation laid down in the first subparagraph of this paragraph where they can demonstrate to the competent authority as defined in Article 3, point (27), of Directive 2006/21/EC, with a high degree of certainty, that the extractive waste does not contain critical raw materials that are technically recoverable.
Member States shall establish a database of the closed extractive waste facilities located on their territory, including abandoned extractive waste facilities, except for closed extractive waste facilities where the particular characteristics of the waste sites or geological conditions make the presence of potentially technically recoverable quantities of critical raw materials unlikely. That database shall contain information on:
the location, areal extent and waste volume, or where appropriate, the estimated volume, of the extractive waste facility;
the operator or former operator of the extractive waste facility and, where applicable, their legal successor;
the approximate quantities and concentrations of all raw materials contained in the extractive waste and, where available, in the original mineral deposit, in accordance with paragraph 7;
any additional information considered relevant by the Member State to enable the recovery of critical raw materials from the extractive waste facility.
In order to provide the information referred to in paragraph 4, point (c), Member States shall carry out at least the following activities:
for closed extractive waste facilities, Member States shall, by ►C1 24 November 2025 ◄ , comprehensively review the available permitting files, or other available documentation when permitting files do not exist;
for such extractive waste facilities where available information could indicate the presence of potentially economically recoverable quantities of critical raw materials, Member States shall, by 24 May 2026, also conduct representative geochemical sampling;
for such extractive waste facilities where the activities described under points (a) and (b) of this paragraph have indicated potentially economically recoverable quantities of critical raw materials, Member States shall, by 24 March 2027, also carry out a more detailed sampling with subsequent chemical and mineralogical characterisation involving core logging or equivalent techniques, where this is environmentally sound in accordance with applicable environmental requirements at Union level and with the requirements of Directive 2006/21/EC where relevant.
Article 28
Recyclability of permanent magnets
From two years after the date of entry into force of the implementing act referred to in paragraph 2, any natural or legal person that places on the market magnetic resonance imaging devices, wind energy generators, industrial robots, motor vehicles, light means of transport, cooling generators, heat pumps, electric motors, including where electric motors are integrated in other products, automatic washing machines, tumble driers, microwaves, vacuum cleaners or dishwashers shall ensure that those products bear a conspicuous, clearly legible and indelible label indicating:
whether those products incorporate one or more permanent magnets;
if the product incorporates one or more permanent magnets, whether those permanent magnets belong to any of the following types:
neodymium-iron-boron;
samarium-cobalt;
aluminium-nickel-cobalt;
ferrite.
The data carrier referred to in paragraph 3 shall be linked to a unique product identifier that provides access to the following:
the name, registered trade name or registered trademark and the postal address of the natural or legal person responsible and, where available, electronic means of communication where they can be contacted;
information on the weight, location and chemical composition of all individual permanent magnets included in the product, and on the presence and type of magnet coatings, glues and any additives used;
information enabling access and safe removal of all permanent magnets incorporated in the product, at least including the sequence of all removal steps, tools or technologies required for the access and removal of the permanent magnet, without prejudice to the provision of information to treatment facilities pursuant to Article 15(1) of Directive 2012/19/EU.
The information referred to in paragraph 4 shall refer to the product model or, where the information differs between units of the same model, to a particular batch or unit. The information referred to in paragraph 4 shall be accessible to repairers, recyclers, market surveillance authorities and customs authorities.
This Article shall not apply to:
special purpose vehicles as defined in Article 3, point (31), of Regulation (EU) 2018/858;
parts of a vehicle, other than the base vehicle, that have been type-approved in multi-stage type approval of category N1, N2, N3, M2 or M3;
vehicles produced in small series, as defined in Article 3, point (30), of Regulation (EU) 2018/858.
Article 29
Recycled content of permanent magnets
The calculation and verification rules shall specify the applicable conformity assessment procedure from among the modules set out in Annex II to Decision No 768/2008/EC of the European Parliament and of the Council ( 10 ), with the adaptations necessary in view of the products concerned. When specifying the applicable conformity assessment procedure, the Commission shall consider the following criteria:
whether the module concerned is appropriate to the type of product and proportionate to the public interest pursued;
the nature of the risks entailed by the product and the extent to which conformity assessment corresponds to the type and degree of risk;
where third party involvement is mandatory, the need for the manufacturer to have a choice between quality assurance and product certification modules set out in Annex II to Decision No 768/2008/EC.
The delegated acts referred to in the first subparagraph may apply different minimum shares to different products and may exclude certain products. They shall provide for transitional periods adjusted to the difficulty of adapting the products covered by the measure to ensure compliance.
The minimum share referred to in the first subparagraph shall be based on a prior assessment of impacts, taking into account:
the existing and forecasted availability of neodymium, dysprosium, praseodymium, terbium, boron, samarium, nickel and cobalt recovered from post-consumer waste;
the information collated pursuant to paragraph 1 and the relative distribution of the share of recycled content in permanent magnets incorporated in products referred to in paragraph 1 placed on the market;
technical and scientific progress, including considerable changes in permanent magnet technologies impacting the type of materials recovered;
the effective and potential contribution of a minimum share to the Union’s climate and environmental objectives;
possible impacts on the functioning of products incorporating permanent magnets;
the need to prevent disproportionate negative impacts on the affordability of permanent magnets and products incorporating permanent magnets.
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 space applications shall be exempt from the requirements laid down in this Article.
This Article shall not apply to:
special purpose vehicles as defined in Article 3, point (31), of Regulation (EU) 2018/858;
parts of a vehicle, other than the base vehicle, that have been type-approved in multi-stage type approval of category N1, N2, N3, M2 or M3;
vehicles produced in small series, as defined in Article 3, point (30), of Regulation (EU) 2018/858.
SECTION 2
Certification and environmental footprint
Article 30
Recognised schemes
Applications referred in the first subparagraph of this paragraph shall contain any relevant evidence related to the fulfilment of the criteria laid down in Annex IV.
By 24 May 2027, the Commission shall adopt implementing acts specifying a single template to be used by scheme owners to provide the minimum information that applications referred to in the first subparagraph of this paragraph are to contain. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(3).
The extent of documentation required to complete the single template referred to in the third subparagraph shall be reasonable.
The recognised coverage for each scheme shall be specified along the following dimensions:
the stages of the raw materials value chain covered by the scheme;
the stages of the life-cycle of a project, including before, during and after closure, that are covered by the scheme; and
the sustainability dimensions and environmental risk categories listed in Annex IV, point (2) that are addressed by the scheme.
The requirements laid down in Annex IV, point 1(a) to (d) shall be a prerequisite for any recognition of the scheme.
Article 31
Environmental footprint declaration
For the critical raw materials that the Commission has identified as a priority, the Commission shall present the conclusions of the assessment of necessity and proportionality for the purposes of paragraph 3 by 12 months from submission of the report referred to in the first subparagraph of this paragraph.
When considering whether the obligation provided for in paragraph 6 of this Article is necessary, the Commission shall take into account:
whether and how as well as how effectively the Union’s climate and environmental objectives are already being achieved through other Union legal acts applicable to the critical raw material concerned;
the existence and uptake of relevant international standards and guidelines, or the prospects of agreeing on such standards at international level, as well as sustainable practices on the market, including the voluntary schemes recognised pursuant to Article 30(2);
the effectiveness of Strategic Partnerships, Strategic Projects, trade agreements and other international instruments and outreach conducted by the Union in achieving the Union’s climate and environmental objectives;
the associated economic costs and administrative burden for economic operators.
The Commission shall conduct a prior assessment of impacts in order to decide whether to adopt a delegated act pursuant to paragraph 1. That assessment shall:
be based, inter alia, on a consultation of:
all relevant stakeholders, such as industry including downstream industry, SMEs, and, where relevant, the craft industry, social partners, traders, retailers, importers, organisations promoting human health and environmental protection, consumer organisations and academia;
third countries, or OCTs, whose trade with the Union may be significantly affected by this obligation;
the Board;
Union agencies with competence in the field of environmental protection, as appropriate;
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 to 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;
assess whether similar obligations under Union law have produced the intended effects and significantly contributed to the achievement of the Union’s environmental targets;
assess whether the measure would contribute to achieving the Union’s climate and environmental objectives without disproportionately impacting the ability of Union industry to source the critical raw material concerned.
The requirement set out in the first subparagraph shall apply to each individual critical raw material type placed on the market and shall not apply to critical raw materials included in intermediate or final products.
The environmental footprint declaration referred to in paragraph 6 shall contain the following information:
the name, registered trade name or registered trademark and the postal address of the natural or legal person responsible and electronic means of communication where they can be contacted;
information about the critical raw material type for which the declaration applies;
information about the country and region where the critical raw material was extracted, processed, refined and recycled, as applicable;
the environmental footprint of the critical raw material, calculated in accordance with the applicable verification and calculation rules adopted pursuant to paragraph 1;
the environmental footprint performance class that the critical raw material corresponds to, established in accordance with the applicable delegated act adopted pursuant to paragraph 8;
a web link providing access to a public version of the study supporting the environmental footprint declaration results.
The Commission may adopt implementing acts establishing the format for the environmental footprint declaration referred to in paragraph 6 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(3).
Natural and legal persons placing on the market critical raw materials shall not provide or display labels, marks, symbols or inscriptions that are likely to mislead or confuse customers with respect to the information included in the environmental footprint declaration.
SECTION 3
Free movement, conformity and market surveillance
Article 32
Free movement
Article 33
Conformity and market surveillance
Article 34
Implementation and alignment with Union harmonisation legislation
The Commission is empowered to adopt delegated acts in accordance with Article 38 to supplement Articles 28, 29, 31 and 33 in order to:
establish requirements for the technical design and operation of the data carrier and unique product identifier referred to in Article 28(3) and (4);
refer to technical standards to be used in relation to the data carrier and unique product identifier referred to in Article 28(3) and (4);
establish rules for the inclusion of the unique product identifier referred to in Article 28(4) in registries relevant for market surveillance and customs controls;
establish requirements related to customs controls related to the data carrier and unique product identifier referred to in Article 28(3) and (4);
establish procedures for dealing with products presenting a risk at national level or formal non-compliance, as well as related safeguard procedures where objections are raised against the market surveillance measures taken;
establish requirements related to the EU declaration of conformity and general principles and rules and conditions for affixing CE marking.
Those delegated acts shall refer to or ensure alignment with other Union harmonisation legislation, in particular Directive 2009/125/EC, and shall take into account the need to limit the administrative burden while ensuring the effective implementation of Articles 28, 29 and 31 of this Regulation.
CHAPTER 6
GOVERNANCE
Article 35
European Critical Raw Materials Board
Article 36
Composition and functioning of the Board
The Chair shall invite representatives of the European Parliament to attend, as observers, the meetings of the Board including the meetings of the standing or temporary subgroups referred to in paragraph 8.
The Board shall meet at least as follows:
every three months for the assessment of applications for Strategic Projects pursuant to Chapter 3, Section 2;
every six months for the development of monitoring pursuant to Chapter 4;
once a year in order to discuss the progress of the implementation of Member State obligations related to exploration set out in Chapter 3, Section 5, including in light of updates to the lists of strategic or critical raw materials.
The Board shall carry out the following:
periodically discuss the implementation of Article 9 and share best practices for the purpose of accelerating the permitting procedure for critical raw material projects, as well as to improve the public participation and consultation in those projects;
where relevant, propose to the Commission guidelines for the implementation of Article 9(1) to be taken into account by the single points of contact;
periodically discuss the implementation of Strategic Projects and, where necessary, measures that could be taken by the project promoter or the Member State whose territory is concerned by a Strategic Project to further facilitate the implementation of those Strategic Projects pursuant to Article 15;
provide advice to the Commission on the assessment of the set up of the joint purchasing system pursuant to Article 25;
facilitate the exchange of best practices among Member States with the purpose of improving their national programmes pursuant to Article 26.
The Board shall establish at least the following standing subgroups:
a subgroup to discuss and coordinate financing for Strategic Projects in accordance with Article 16, to which representatives of national promotional banks and institutions, export credit agencies, the European development financial institutions, the European Investment Bank Group, other international financial institutions including the European Bank for Reconstruction and Development and, as appropriate, private financial institutions are to be invited as observers;
a subgroup to discuss and exchange views on measures to increase public knowledge on the critical raw materials supply chain and share best practices concerning public participation and stakeholders involvement in critical raw materials projects, to which representatives of civil society organisations are to be regularly invited as observers;
a subgroup bringing together national or, where relevant, regional geological institutes or surveys or, in the absence of such institute or survey, the relevant national authority in charge of general exploration, with the purpose of contributing to the coordination of national exploration programmes drawn up pursuant to Article 19;
a subgroup to discuss and exchange views on measures to promote circularity, resource efficiency and substitution of critical raw materials;
a subgroup bringing together national supply and information agencies covering critical raw materials or, in the absence of such agency, the relevant national authority in charge of that matter, with the purpose of contributing to the Commission’s monitoring and stress testing pursuant to Article 20;
a subgroup bringing together national emergency agency and national authorities responsible for strategic stocks or, in the absence of such agency and authority, the relevant national authority in charge of that matter, with the purpose of contributing to the coordination of strategic stocks as set out in Article 23.
In carrying out its tasks, the Board shall, where appropriate, ensure coordination, cooperation and information exchange with the relevant crisis response and crisis preparedness structures established under Union law.
Article 37
International cooperation and Strategic Partnerships
The Board shall periodically discuss:
the extent to which Strategic Partnerships concluded by the Union contribute towards:
improving the Union’s security of supply including the benchmarks set in Article 5(1), point (b);
improving cooperation along the critical raw materials value chain between the Union and partner countries, including capacity building and technology transfer programs to promote circularity and responsible recycling of critical raw materials in producing countries;
the economic and social development of partner countries, including by promoting sustainable and circular economy practices, decent working conditions and respect for human rights along their raw material value chains;
the consistency of and potential synergies between Member States’ bilateral cooperation with relevant third countries and the actions carried out by the Union in the context of Strategic Partnerships;
which third countries could be prioritised for the conclusion of Strategic Partnerships, taking into account the following criteria:
the potential contribution to security of supply as well as resilience thereof, taking into account a third country’s potential reserves, extraction, processing and recycling capacities related to critical raw materials;
whether a cooperation between the Union and a third country could improve a third country’s ability to ensure the monitoring, prevention and minimisation of adverse environmental impacts through its regulatory framework and the implementation thereof, the use of socially responsible practices including respect for human and labour rights, in particular on forced and child labour, meaningful engagement with local communities, including indigenous peoples, the use of transparent and responsible business practices, the prevention of adverse impacts on the proper functioning of public administration and the rule of law;
whether there are existing cooperation agreements between the Union and a third country and, for emerging markets and developing economies, the potential for the deployment of Global Gateway investment projects, including with a view to facilitating investment in Strategic Projects;
for emerging markets and developing economies, whether and how a partnership could contribute to local value addition, including downstream activities, and would be mutually beneficial to the Union and the partner country;
advise the Commission on how to ensure that the Strategic Partnerships referred to in this paragraph are consistent with the Union’s policies on emerging markets and developing economies.
Member States:
shall inform the Commission about their bilateral cooperation with relevant third countries, when its scope includes critical raw materials value chain;
may support the Commission in the implementation of the cooperation measures set out in Strategic Partnerships along the raw materials value chain.
CHAPTER 7
DELEGATED POWERS AND COMMITTEE PROCEDURE
Article 38
Exercise of the delegation
Article 39
Committee procedure
CHAPTER 8
AMENDMENTS
Article 40
Amendment to Regulation (EU) No 168/2013
In Section C1 of the table in Annex II to Regulation (EU) No 168/2013, the following entry is added:
‘15a |
18 |
permanent magnet circularity requirements |
Regulation (EU) 2024/1252 of the European Parliament and of the Council (*1) |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
(*1)
Regulation (EU) 2024/1252 of the European Parliament and of the Council of 11 April 2024 establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulations (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1724 and (EU) 2019/1020 (OJ L, 2024/1252, 3.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1252/oj).’. |
Article 41
Amendment to Regulation (EU) 2018/858
In Section G, ‘Environmental Performance and Emissions’, of the table in Part I of Annex II to Regulation (EU) 2018/858, the following entry is added:
‘G 15 |
Permanent magnet circularity requirements |
Regulation (EU) 2024/1252 of the European Parliament and of the Council (*1) |
X |
X |
X |
X |
X |
X |
|
|
|
|
X |
X |
(*1)
Regulation (EU) 2024/1252 of the European Parliament and of the Council of 11 April 2024 establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulations (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1724 and (EU) 2019/1020 (OJ L, 2024/1252, 3.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1252/oj).’. |
Article 42
Amendments to Regulation (EU) 2018/1724
Regulation (EU) 2018/1724 is amended as follows:
in Annex I, the following row is added:
‘AJ. Critical raw materials projects |
1. the single points of contact established or designated pursuant to Article 9(1) of Regulation (EU) 2024/1252 of the European Parliament and of the Council (*1) 2. information on the permit-granting process 3. information on financing and investment services 4. information on funding possibilities at Union or Member State level 5. information on business support services, including but not limited to corporate tax declaration, local tax laws or labour law |
(*1)
Regulation (EU) 2024/1252 of the European Parliament and of the Council of 11 April 2024 establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulations (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1724 and (EU) 2019/1020 (OJ L, 2024/1252, 3.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1252/oj).’; |
in Annex II, the following row is added:
‘Critical raw materials projects |
Procedure related to all relevant permits to build and operate critical raw materials projects, including building, chemical and grid connection permits and environmental assessments and authorisations where these are required, and encompassing all applications and procedures from the acknowledgment that the application is complete to the notification of the comprehensive decision on the outcome of the procedure by the single point of contact concerned pursuant to Article 9 of Regulation (EU) 2024/1252. |
All outputs pertaining to the procedures ranging from the acknowledgment of the completeness of the application to the notification of the comprehensive decision on the outcome of the procedure by the single point of contact concerned pursuant to Article 9 of Regulation (EU) 2024/1252.’; |
in Annex III, the following point is added:
The single point of contact concerned pursuant to Article 9 of Regulation (EU) 2024/1252.’.
Article 43
Amendments to Regulation (EU) 2019/1020
Regulation (EU) 2019/1020 is amended as follows:
in Article 4, paragraph 5 is replaced by the following:
in Annex I, the following point is added:
‘71. Regulation (EU) 2024/1252 of the European Parliament and of the Council of 11 April 2024 establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulations (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1724 and (EU) 2019/1020 (OJ L, 2024/1252, 3.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1252/oj), in so far as it concerns the requirements set out in Article 28, 29 or 31 of that Regulation.’.
CHAPTER 9
FINAL PROVISIONS
Article 44
Monitoring progress
The report referred to in paragraph 2 shall include:
quantitative information on the extent of the Union’s progress towards the benchmarks and the moderation referred to in Article 5;
a list of Strategic Partnerships concluded between the Union and third countries covering raw materials; and
an assessment of the contribution of the Strategic Partnerships to reaching the benchmark set in Article 5(1), point (b).
For the purposes of this Article, economic operators shall not be required to submit information in addition to the information provided pursuant to Article 21.
Article 45
Reporting of Member States
Economic operators shall not be required to submit information in addition to the information provided in the context of the provisions listed in the first subparagraph.
Article 46
Handling of confidential information
Article 47
Penalties
By ►C1 24 November 2025 ◄ , Member States shall lay down rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall, without delay, notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
Article 48
Evaluation
The report referred to in paragraph 1 shall at least assess:
the appropriateness of establishing maximum environmental footprint thresholds for critical raw materials for which calculation and verification rules have been adopted as well as the need to further strengthen the critical raw materials supply chains after 2030;
the appropriateness of establishing benchmarks targeting 2040 and 2050 on aggregated level and per strategic raw material;
the consistency between the Union environmental law and this Regulation, in particular in relation to the priority status of the Strategic Projects;
the availability of information on waste volumes and strategic raw material content for relevant waste streams;
the impact of the joint purchasing system set up pursuant to Article 25 on competition in the internal market;
the appropriateness of establishing further measures to increase the collection, sorting and processing of waste, in particular with a view to metal scraps, including ferrous scraps.
Article 49
Entry into force
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
Strategic raw materials
Section 1
List of strategic raw materials
The following raw materials shall be considered strategic:
bauxite/alumina/aluminium
bismuth
boron — metallurgy grade
cobalt
copper
gallium
germanium
lithium — battery grade
magnesium metal
manganese — battery grade
graphite — battery grade
nickel — battery grade
platinum group metals
rare earth elements for permanent magnets (Nd, Pr, Tb, Dy, Gd, Sm, and Ce)
silicon metal
titanium metal
tungsten.
Section 2
Methodology to select strategic raw materials
1. The strategic importance shall be determined on the basis of the relevance of a raw material for the green and digital transition as well as defence and aerospace applications, in accordance with the following criteria:
the amount of strategic technologies using a raw material as an input;
the amount of a raw material needed for manufacturing relevant strategic technologies;
the expected global demand for relevant strategic technologies.
2. The forecasted demand growth (DF/C,τ ) shall be calculated as follows:
where:
DFτ is the global annual demand forecast for a raw material in year τ;
GSτο is the global annual production of a raw material for a reference period τ0 .
3. The difficulty of increasing production shall be determined taking into account at least:
the current global annual production scale of a raw material;
the reserves-production ratio of a raw material, based on known reserves of economically extractable geological resources and current global annual production;
lead-times for new projects increasing supply capacity, when reliable information is available.
ANNEX II
Critical raw materials
Section 1
List of critical raw materials
The following raw materials shall be considered critical:
antimony
arsenic
bauxite/alumina/aluminium
baryte
beryllium
bismuth
boron
cobalt
coking coal
copper
feldspar
fluorspar
gallium
germanium
hafnium
helium
heavy rare earth elements
light rare earth elements
lithium
magnesium
manganese
graphite
nickel — battery grade
niobium
phosphate rock
phosphorus
platinum group metals
scandium
silicon metal
strontium
tantalum
titanium metal
tungsten
vanadium.
Section 2
Calculation of economic importance and supply risk
1. The economic importance (EI) of the assessed raw material is calculated as follows:
where:
s denotes the NACE (2-digit level) sectors of the economy;
As is the share of end use of the assessed raw material in a NACE (2-digit level) sector (using Union values when available, global shares otherwise);
Qs is the value added of the relevant sector at the NACE (2-digit level), as a share of the total economy;
SIEI is the substitution index related to economic importance.
2. The substitution index of the assessed raw material related to economic importance (SIEI ) is calculated, based on its most relevant industrial applications, as follows:
where:
i denotes an individual substitute material;
a denotes an individual application of the raw material;
SPPi,a; EI is the Economic Importance performance parameter of each substitute material, i, compared to the assessed raw material, based on technical performance, including functionality, and cost performance, for each application, a;
Sharea is the share of the raw materials in an end-use application;
Sub_sharei,a is the sub-share of each substitute material within each application.
3. The supply risk (SR) of the assessed raw material is calculated as follows:
where:
GS denotes the global annual production of the assessed raw material;
EU_sourcing denotes the actual sourcing of the supply to the Union, i.e. Union domestic production plus Union imports from third countries or from OCTs;
HHI is the Herfindahl-Hirschman Index (used as a proxy for concentration of supply across countries);
WGI is an index based on the scaled World Bank Worldwide Governance Indicators (used as a proxy for country governance);
tc is the trade parameter adjusting WGI, which shall be determined taking into account potential export taxes (possibly mitigated by a trade agreement in force), physical export quotas or export prohibitions imposed by a country, c.
EoLRIR is the end-of-life recycling input rate, meaning the ratio of secondary material inputs (recycled from old scrap) to all inputs of a raw material (primary and secondary);
SISR is the substitution index related to supply risk;
IR is import reliance.
4. The import reliance, IR, of raw materials is calculated as follows:
5. The Herfindahl-Hirschman Index (HHIWGI ) of the assessed raw material is calculated as follows:
where:
c denotes the countries supplying the assessed raw material;
Sc is the share of country c in the supply (GS or EU_sourcing) of the assessed raw material;
WGIc is an index based on the scaled World Bank Worldwide Governance Indicators of country c;
tc is the trade parameter of a country adjusting the WGI, which shall be determined taking into account potential export taxes (possibly mitigated by a trade agreement in force), physical export quotas or export prohibitions imposed by a country c.
6. The substitution index of the assessed raw material related to supply risk (SISR ) is calculated as follows:
where:
i denotes an individual substitute material;
a denotes an individual application of the candidate material;
SPPi; SR is the Supply Risk performance parameter of each substitute material, i, based on its global production, criticality and economic significance (primary product, co-product, by-product);
Sharea is the share of the candidate materials in an end-use application;
Sub_sharei,a is the sub-share of each substitute material within each application.
7. Where structural or statistical changes affect the measurement of economic importance and supply risk horizontally for all assessed materials, the corresponding values shall be corrected to offset such changes.
The calculations of the formulas in this Section shall be based on an average of the most recent five years for which data is available. The priority, quality and availability of data shall be taken into account.
ANNEX III
Assessment of the recognition criteria for Strategic Projects
1. The assessment of whether a project in the Union fulfils the criterion laid down in Article 6(1), point (a) shall take into account:
whether the project contributes towards the benchmarks set out in Article 5(2), point (a);
whether the project contributes to maintaining or strengthening Union capacities as a share of the Union’s annual consumption of strategic raw material, taking into account the expected increase in Union consumption;
whether the project contributes to strengthening Union capacity to produce innovative raw materials able to substitute strategic raw material in one or more strategic technologies, while taking measures to achieve an equal or lower environmental footprint compared to the strategic raw material that is substituted.
A project’s contribution to the relevant capacity benchmark shall be assessed taking into account the project’s business plan and supporting technical information included in the application and the project’s estimated time to market.
2. The assessment of whether a project in a third country or in a OCTs fulfils the criterion laid down in Article 6(1), point (a) shall take into account:
whether the project contributes to the benchmarks set out in Article 5(2), point (b) or contributes to maintaining the resilience of the Union’s supply of strategic raw materials;
whether the applicable legal framework or other conditions provide assurance that trade and investment related to the project will not be distorted, taking into account, in particular, whether the Union has concluded a Strategic Partnership referred to in Article 37 or a trade agreement containing a chapter on raw materials with the relevant third country, or OCTs, and is consistent with the Union’s common commercial policy;
the extent to which there are undertakings that have or are willing to conclude offtake agreements with the project promoter with a view to using or processing the strategic raw materials produced by the relevant projects in the Union;
whether the project is in line with the Union’s development cooperation and foreign policy objectives.
A project’s contribution to the benchmarks referred to in point (a) shall be assessed taking into account the project’s business plan and supporting technical information included in the application, the project’s estimated time to market as well as the share of the project’s output that is covered by existing or potential offtake agreements referred to in point (c). Evidence related to point (c) may include contractual agreements, letters of intent or memoranda of understanding.
3. The assessment of whether a project fulfils the criterion laid down in Article 6(1), point (b) shall take into account:
the quality of the feasibility studies carried out on the potential of development of the project;
whether the technology intended to be used has been demonstrated in the relevant environment.
4. The feasibility studies referred to in point 3(a) shall be designed to:
assess whether a proposed project is likely to be successful by analysing technological and environmental considerations;
identify potential technical issues and problems that could arise while pursuing the project.
Further studies may be required to confirm the feasibility of the project.
5. The assessment of whether projects located in the Union fulfil the criterion laid down in Article 6(1), point (c) shall take into account an overall assessment of a project’s compliance with relevant Union or national law as well as relevant supplementary evidence, taking into account the location of the project.
The assessment of whether projects in third countries or in OCTs fulfil the criterion laid down in Article 6(1), point (c) shall take into account compliance with the applicable national law where that national law provides sufficient assurance of compliance with the criterion or aspects of it and with the following international instruments:
ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy;
OECD Due Diligence Guidance for Responsible Business Conduct, in particular the guidelines related to combatting corruption;
OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas;
OECD Due Diligence Guidance for Meaningful Stakeholder Engagement in the Extractive Sector, including where referring to the principles set out in the United Nations Declaration on the Rights of Indigenous Peoples;
OECD Principles of Corporate Governance;
OECD Guidelines for Multinational Enterprises on Responsible Business Conduct;
UN Guiding Principles on Business and Human Rights;
IFC Performance Standard 5 on Land Acquisition and Involuntary Resettlement.
6. Project promoters may also attest compliance with the criterion laid down in Article 6(1), point (c) by:
providing evidence that the project concerned is individually certified by one or more schemes recognised pursuant to Article 30(2) that jointly cover the requirements listed in Annex IV, point (2); or
committing to obtain certification for the project concerned as part of by one or more schemes recognised pursuant to Article 30(2) that jointly cover the requirements listed in Annex IV, point (2), and providing sufficient evidence that when implemented the project concerned will be able to meet the criteria for such certification.
7. The assessment of whether a project in the Union fulfils the criterion laid down in Article 6(1), point (d) shall take into account:
whether undertakings from different Member States participate in the project;
whether potential offtakers are located also in more than one Member State;
effects on the availability of strategic raw materials for downstream users in more than one Member State.
8. The assessment of whether a project in a third country fulfils the criterion laid down in Article 6(1), point (e) shall take into account the extent to which the project contributes, in the relevant third country:
to strengthening more than one stage of the raw materials value chain in that country or its wider region;
to fostering private investment in the domestic raw materials value chain;
to the creation of wider economic or social benefits, including the creation of employment.
ANNEX IV
Criteria for certification schemes
1. A recognised certification scheme shall meet the following criteria:
it is open under transparent, fair and non-discriminatory terms to all economic operators willing and able to comply with the scheme’s requirements and subject to multi-stakeholder governance;
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;
it includes sufficient requirements and procedures to ensure the competence and independence of the verifiers responsible;
it includes requirements to ensure an audit-report established at the site level.
2. The requirements for certification shall include at least:
requirements ensuring environmentally sustainable practices, including requirements ensuring environmental management and impact mitigation in the following environmental risk categories:
air, including air pollution such as greenhouse gas emissions;
water, including seabed and marine environment, and water pollution, water use, water quantities, taking into account flooding or droughts, and access to water;
soil, including soil pollution, soil erosion, land use and land degradation;
biodiversity, including damage to habitats, wildlife, flora and ecosystems, including ecosystem services;
hazardous substances;
noise and vibration;
plant safety;
energy use;
waste and residues;
requirements for ensuring socially responsible practices, including respect for human rights and labour rights including the community life of indigenous peoples;
requirements for ensuring business integrity and transparency including requirements to apply sound management of financial, environmental and social matters and anti-corruption and anti-bribery policies.
ANNEX V
Environmental footprint
Part I
Definitions
For the purposes of this Annex, the following definitions shall apply:
‘activity data’ means the information associated with processes while modelling Life-Cycle Inventories (LCI), whereby the aggregated LCI results of the process chains that represent the activities of a process are each multiplied by the corresponding activity data and then combined to derive the environmental footprint associated with that process;
‘bill of materials’ means list of the raw materials, sub-assemblies, intermediate assemblies, sub-components, parts and the quantities of each needed to manufacture the product in scope of the study;
‘company-specific data’ or ‘primary data’ means directly measured or collated data from one or multiple facilities (site-specific data) that are representative for the activities of the company;
‘impact assessment method’ means the protocol for quantitative translation of life-cycle inventory data into contributions to an environmental impact of concern;
‘impact category’ means a class of resource use or environmental impact to which the life-cycle inventory data are related;
‘life cycle’ means the consecutive and interlinked stages of a product system, from raw material acquisition or generation from natural resources to final disposal (ISO 14040:2006);
‘life-cycle inventory’ or ‘LCI’ means the combined set of exchanges of elementary, waste and product flows in a LCI dataset;
‘life-cycle inventory dataset’ or ‘LCI dataset’ means a document or file with life-cycle information of a specified product or other reference, such as the site or the process, covering descriptive metadata and quantitative life-cycle inventory and can be a unit process dataset, partially aggregated or an aggregated dataset;
‘secondary data’ means data not from a specific process within the supply-chain of the company performing an environmental footprint study, namely data that is not directly collated, measured, or estimated by the company, but sourced from a third party LCI database or other sources, including industry average data — such as from published production data, government statistics, and industry associations — literature studies, engineering studies and patents, and may also be based on financial data, and contain proxy data, and other generic data and including primary data that go through a horizontal aggregation step;
‘system boundary’ means the aspects included or excluded from the life-cycle study.
The calculation rules for the environmental footprint of a critical raw material shall include any further definition necessary for their interpretation.
Part II
Scope
This Annex provides essential elements on how to calculate the environmental footprint of critical raw materials.
The calculation rules for the environmental footprint of specific critical raw materials shall build on the essential elements included in this Annex, taking into account scientifically sound assessment methods and relevant international standards in the area of life-cycle assessment.
The calculation of the environmental footprint of a critical raw material shall be based on the bill of material, the energy, production methods, and auxiliary materials used at the facilities involved on the production of critical raw material.
When establishing calculation rules for the environmental footprint of specific critical raw materials, the Commission shall aim to ensure consistency with calculation rules for the environmental footprint of intermediate and final products making use of the relevant critical raw materials.
Part III
Declared unit
The declared unit shall be 1 kg of the relevant critical raw material type.
The calculation rules for the environmental footprint of specific critical raw materials may specify a higher of lower declared unit, expressed in kg, where necessary to take into account the nature or use of the relevant critical raw material.
All quantitative input and output data collated by the manufacturer to quantify the carbon footprint shall be calculated in relation to this declared unit.
Part IV
System boundary
1. Extraction, concentration and refining are the three life-cycle stages to be included in the system boundary of primary critical raw materials with the following processes, when relevant to the specific raw material:
upstream processes including the extraction of ore for raw material production, production and supply, including transport, of chemicals, auxiliary processes, production and supply, including transport, of fuels, production and supply of electricity, and transport of materials in vehicles not owned or operated by the organisation;
transport of ore, concentrates and raw materials in vehicles owned or operated by the organisation;
storage of ore, concentrates and raw materials;
ore crushing and cleaning;
raw material concentrate production;
metal extraction, by chemical, physical or biological means;
smelting;
metal conversion;
slag cleaning;
metal refining;
metal electrolysis;
metal casting or packaging;
spent material and slag treatment;
all related auxiliary processes, such as for on-site waste-water treatment, including for process water treatment, direct cooling and surface runoff water; gas abatement systems, including for primary and secondary off gases; boilers, including for the pre-treatment of feed water; internal logistics.
2. In the system boundary of secondary critical raw materials, defining the recycling life-cycle stage, the following processes, when relevant to the specific recycled raw material, shall be included:
upstream processes including the generation of raw feed material (scrap materials and virgin concentrates), the production and supply (transport) of chemicals, auxiliary processes, production and supply (transport) of fuels, the production and supply of electricity, and the transport of materials in vehicles not owned by the organisation;
transport of concentrates and scraps in vehicles owned or operated by the organisation;
storage of scraps, concentrates and raw materials;
secondary raw material pre-treatment;
smelting;
metal conversion;
metal refining;
metal electrolysis;
metal casting or packaging;
spent material treatment;
all related auxiliary processes, such as for on-site waste-water treatment, including for process water treatment, direct cooling and surface runoff water; gas abatement systems, including for primary and secondary off gases; boilers, including for the pre-treatment of feed water; and internal logistics.
3. The use phase or end-of-life phase shall be excluded from the environmental footprint calculations, as it is not under the direct influence of the economic operator responsible. Other processes may be excluded where their contribution to the environmental footprint of a specific critical raw material is insignificant.
Part V
Impact categories
The calculation rules shall specify the impact categories that need to be included in the environmental footprint calculation. The choice shall be based on the hotspot analysis carried out in line with scientifically sound methodologies developed at international level and taking into account the:
relative importance of different impacts, including their relative importance for meeting Union climate and environmental objectives;
needs of downstream undertakings wishing to communicate on the environmental footprint of the critical raw materials they use.
Part VI
Use of company-specific and secondary datasets
The calculation rules shall specify the use of company specific or secondary datasets for all relevant processes and materials. If calculation rules allow for the choice between a company specific dataset and a secondary dataset, the Commission shall consider incentivising the use the company specific dataset.
The use of company-specific data shall be required at least for the processes under the direct influence of the operator responsible and have the largest contribution to the relevant impact categories.
The company specific activity data shall be used in combination with the relevant environmental footprint compliant secondary datasets. The calculation rules shall specify whether sampling is allowed, in line with the criteria set out in scientifically sound methodologies developed at international level.
A change in the bill of materials or energy mix used to produce a critical raw material type requires a new calculation of the environmental footprint.
When setting calculation rules, including for the greenhouse gas emissions generated by the electricity used for the production of critical raw materials, the Commission shall ensure consistency and alignment with other relevant Union law, unless it is justified not to do so.
The calculation rules to be elaborated via a delegated act shall include detailed modelling of the following lifecycle stages:
primary raw material extraction, concentration and refining stage;
secondary raw material acquisition and processing stage.
Part VII
Impact assessment methods
The environmental footprint shall be calculated using scientifically sound impact assessment methods which take into account developments on the international level for relevant impact categories related to climate change, water, air, soil, resources, land use and toxicity.
The results shall be provided as characterised results, without normalisation and weighting.
Part VIII
Environmental footprint performance classes
Depending on the distribution of the values of the environmental footprint declarations placed on the internal market, a meaningful number of classes of performance shall be identified, with category A being the best class with the lowest life-cycle impact, to allow for market differentiation. The identification of the threshold for each class of performance, as well as their width, shall be based on the distribution of performances of the relevant critical raw materials placed on the market in the previous three years, the expected technological improvements, and other technical factors to be identified.
The Commission shall review the number of performance classes and the thresholds between them every three years in order to keep them representative of the market reality and its expected development.
Part IX
Conformity assessment
The calculation and verification rules shall specify the applicable conformity assessment procedure from among the modules set out in Annex II to Decision No 768/2008/EC, with the adaptations necessary in view of the material concerned.
When specifying the applicable conformity assessment procedure, the Commission shall consider the following criteria:
whether the module concerned is appropriate to the type of material and proportionate to the public interest pursued;
the nature of the risks entailed by the product and the extent to which conformity assessment corresponds to the type and degree of risk;
where third party involvement is mandatory, the need for the manufacturer to have a choice between quality assurance and product certification modules set out in Annex II to Decision No 768/2008/EC.
( ) Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of life vehicles (OJ L 269, 21.10.2000, p. 34).
( ) Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE) (OJ L 197, 24.7.2012, p. 38).
( ) Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1).
( ) Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC (OJ L 197, 24.7.2012, p. 1).
( ) Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ L 197, 21.7.2001, p. 30).
( ) Directive 2014/89/EU of the European Parliament and of the Council of 23 July 2014 establishing a framework for maritime spatial planning (OJ L 257, 28.8.2014, p. 135).
( ) Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics and repealing Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities (OJ L 87, 31.3.2009, p. 164).
( ) Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).
( ) Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).
( ) Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC (OJ L 218, 13.8.2008, p. 82).
( *1 ) Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (OJ L 88, 4.4.2011, p. 5).
( *2 ) Regulation (EU) 2016/425 of the European Parliament and of the Council of 9 March 2016 on personal protective equipment and repealing Council Directive 89/686/EEC (OJ L 81, 31.3.2016, p. 51).
( *3 ) Regulation (EU) 2016/426 of the European Parliament and of the Council of 9 March 2016 on appliances burning gaseous fuels and repealing Directive 2009/142/EC (OJ L 81, 31.3.2016, p. 99).
( *4 ) Regulation (EU) 2024/1252 of the European Parliament and of the Council of 11 April 2024 establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulations (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1724 and (EU) 2019/1020 (OJ L, 2024/1252, 3.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1252/oj).
( *5 ) Directive 2000/14/EC of the European Parliament and of the Council of 8 May 2000 on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors (OJ L 162, 3.7.2000, p. 1).
( *6 ) Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC (OJ L 157, 9.6.2006, p. 24).
( *7 ) Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys (OJ L 170, 30.6.2009, p. 1).
( *8 ) Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (OJ L 285, 31.10.2009, p. 10).
( *9 ) Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (OJ L 174, 1.7.2011, p. 88).
( *10 ) Directive 2013/29/EU of the European Parliament and of the Council of 12 June 2013 on the harmonisation of the laws of the Member States relating to the making available on the market of pyrotechnic articles (OJ L 178, 28.6.2013, p. 27).
( *11 ) Directive 2013/53/EU of the European Parliament and of the Council of 20 November 2013 on recreational craft and personal watercraft and repealing Directive 94/25/EC (OJ L 354, 28.12.2013, p. 90).
( *12 ) Directive 2014/29/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of simple pressure vessels (OJ L 96, 29.3.2014, p. 45).
( *13 ) Directive 2014/30/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to electromagnetic compatibility (OJ L 96, 29.3.2014, p. 79).
( *14 ) Directive 2014/31/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of non-automatic weighing instruments (OJ L 96, 29.3.2014, p. 107).
( *15 ) Directive 2014/32/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of measuring instruments (OJ L 96, 29.3.2014, p. 149).
( *16 ) Directive 2014/34/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to equipment and protective systems intended for use in potentially explosive atmospheres (OJ L 96, 29.3.2014, p. 309).
( *17 ) Directive 2014/35/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits (OJ L 96, 29.3.2014, p. 357).
( *18 ) Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (OJ L 153, 22.5.2014, p. 62).
( *19 ) Directive 2014/68/EU of the European Parliament and of the Council of 15 May 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of pressure equipment (OJ L 189, 27.6.2014, p. 164).’;