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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 (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)

This Regulation shall be binding in its entirety and directly applicable in all Member States.

1. Forbhreathnú

Teideal	Rialáil
CHAPTER 1 GENERAL PROVISIONS	CHAPTER 1 GENERAL PROVISIONS
CHAPTER 2 STRATEGIC AND CRITICAL RAW MATERIALS	CHAPTER 2 STRATEGIC AND CRITICAL RAW MATERIALS
CHAPTER 3 STRENGTHENING THE UNION RAW MATERIALS VALUE CHAIN	CHAPTER 3 STRENGTHENING THE UNION RAW MATERIALS VALUE CHAIN
CHAPTER 4 RISK MONITORING AND MITIGATION	CHAPTER 4 RISK MONITORING AND MITIGATION
CHAPTER 5 SUSTAINABILITY	CHAPTER 5 SUSTAINABILITY
CHAPTER 6 GOVERNANCE	CHAPTER 6 GOVERNANCE
CHAPTER 7 DELEGATED POWERS AND COMMITTEE PROCEDURE	CHAPTER 7 DELEGATED POWERS AND COMMITTEE PROCEDURE
CHAPTER 8 AMENDMENTS	CHAPTER 8 AMENDMENTS
CHAPTER 9 FINAL PROVISIONS	CHAPTER 9 FINAL PROVISIONS
ANNEX I Strategic raw materials	ANNEX I Strategic raw materials Section 1 List of strategic raw materials The following raw materials shall be considered strategic: (a) bauxite/alumina/aluminium (b) bismuth (c) boron — metallurgy grade (d) cobalt (e) copper (f) gallium (g) germanium (h) lithium — battery grade (i) magnesium metal (j) manganese — battery grade (k) graphite — battery grade (l) nickel — battery grade (m) platinum group metals (n) rare earth elements for permanent magnets (Nd, Pr, Tb, Dy, Gd, Sm, and Ce) (o) silicon metal (p) titanium metal (q) 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: (a) the amount of strategic technologies using a raw material as an input; (b) the amount of a raw material needed for manufacturing relevant strategic technologies; (c) 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: (a) the current global annual production scale of a raw material; (b) the reserves-production ratio of a raw material, based on known reserves of economically extractable geological resources and current global annual production; (c) lead-times for new projects increasing supply capacity, when reliable information is available.
ANNEX II Critical raw materials	ANNEX II Critical raw materials Section 1 List of critical raw materials The following raw materials shall be considered critical: (a) antimony (b) arsenic (c) bauxite/alumina/aluminium (d) baryte (e) beryllium (f) bismuth (g) boron (h) cobalt (i) coking coal (j) copper (k) feldspar (l) fluorspar (m) gallium (n) germanium (o) hafnium (p) helium (q) heavy rare earth elements (r) light rare earth elements (s) lithium (t) magnesium (u) manganese (v) graphite (w) nickel — battery grade (x) niobium (y) phosphate rock (z) phosphorus (aa) platinum group metals (ab) scandium (ac) silicon metal (ad) strontium (ae) tantalum (af) titanium metal (ag) tungsten (ah) 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	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: (a) whether the project contributes towards the benchmarks set out in Article 5(2), point (a); (b) 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; (c) 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: (a) 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; (b) 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; (c) 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; (d) 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: (a) the quality of the feasibility studies carried out on the potential of development of the project; (b) 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: (a) assess whether a proposed project is likely to be successful by analysing technological and environmental considerations; (b) 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: (a) ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy; (b) OECD Due Diligence Guidance for Responsible Business Conduct, in particular the guidelines related to combatting corruption; (c) OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas; (d) 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; (e) OECD Principles of Corporate Governance; (f) OECD Guidelines for Multinational Enterprises on Responsible Business Conduct; (g) UN Guiding Principles on Business and Human Rights; (h) 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: (a) 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 (b) 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: (a) whether undertakings from different Member States participate in the project; (b) whether potential offtakers are located also in more than one Member State; (c) 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: (a) to strengthening more than one stage of the raw materials value chain in that country or its wider region; (b) to fostering private investment in the domestic raw materials value chain; (c) to the creation of wider economic or social benefits, including the creation of employment.
ANNEX IV Criteria for certification schemes	ANNEX IV Criteria for certification schemes 1. A recognised certification scheme shall meet the following criteria: (a) 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; (b) 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; (c) it includes sufficient requirements and procedures to ensure the competence and independence of the verifiers responsible; (d) it includes requirements to ensure an audit-report established at the site level. 2. The requirements for certification shall include at least: (a) requirements ensuring environmentally sustainable practices, including requirements ensuring environmental management and impact mitigation in the following environmental risk categories: (i) air, including air pollution such as greenhouse gas emissions; (ii) water, including seabed and marine environment, and water pollution, water use, water quantities, taking into account flooding or droughts, and access to water; (iii) soil, including soil pollution, soil erosion, land use and land degradation; (iv) biodiversity, including damage to habitats, wildlife, flora and ecosystems, including ecosystem services; (v) hazardous substances; (vi) noise and vibration; (vii) plant safety; (viii) energy use; (ix) waste and residues; (b) requirements for ensuring socially responsible practices, including respect for human rights and labour rights including the community life of indigenous peoples; (c) 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	ANNEX V Environmental footprint Part I Definitions For the purposes of this Annex, the following definitions shall apply: (a) ‘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; (b) ‘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; (c) ‘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; (d) ‘impact assessment method’ means the protocol for quantitative translation of life-cycle inventory data into contributions to an environmental impact of concern; (e) ‘impact category’ means a class of resource use or environmental impact to which the life-cycle inventory data are related; (f) ‘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); (g) ‘life-cycle inventory’ or ‘LCI’ means the combined set of exchanges of elementary, waste and product flows in a LCI dataset; (h) ‘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; (i) ‘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; (j) ‘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: (a) 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; (b) transport of ore, concentrates and raw materials in vehicles owned or operated by the organisation; (c) storage of ore, concentrates and raw materials; (d) ore crushing and cleaning; (e) raw material concentrate production; (f) metal extraction, by chemical, physical or biological means; (g) smelting; (h) metal conversion; (i) slag cleaning; (j) metal refining; (k) metal electrolysis; (l) metal casting or packaging; (m) spent material and slag treatment; (n) 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: (a) 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; (b) transport of concentrates and scraps in vehicles owned or operated by the organisation; (c) storage of scraps, concentrates and raw materials; (d) secondary raw material pre-treatment; (e) smelting; (f) metal conversion; (g) metal refining; (h) metal electrolysis; (i) metal casting or packaging; (j) spent material treatment; (k) 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: (a) relative importance of different impacts, including their relative importance for meeting Union climate and environmental objectives; (b) 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: (a) primary raw material extraction, concentration and refining stage; (b) 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: (a) whether the module concerned is appropriate to the type of material and proportionate to the public interest pursued; (b) the nature of the risks entailed by the product and the extent to which conformity assessment corresponds to the type and degree of risk; (c) 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.

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is related to	Imported: Verordnung (EU) 2024/1252 zur Schaffung eines Rahmens zur Gewährleistung einer sicheren und nachhaltigen Versorgung mit kritischen Rohstoffen (CELEX:02024R1252-20240503)

Builddate: 03.05.2024 00:00:00 -Doknr: CELEX:32024R1252
EULAW -
European Regulation published on http://eur-lex.europa.eu/