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)

Type Regulation
Publication 2024-05-03
State In force
Department Council of the European Union, European Parliament
Source EUR-Lex
articles 49
Reform history JSON API

CHAPTER 1 GENERAL PROVISIONS

Article 1

Subject matter and objectives
1.

The general objective of this Regulation is to improve the functioning of the internal market by establishing a framework to ensure the Union’s access to a secure, resilient and sustainable supply of critical raw materials, including by fostering efficiency and circularity throughout the value chain.

2.

To achieve the general objective referred to in paragraph 1, this Regulation lays down measures aiming to:

  • (a) 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;
  • (b) improve the Union’s ability to monitor and mitigate the supply risk related to critical raw materials;
  • (c) 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:

  • (1) ‘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;
  • (2) ‘raw materials value chain’ means all activities and processes involved in the exploration, extraction, processing and recycling of raw materials;
  • (3) ‘exploration’ means all activities aimed at identifying and establishing the properties of mineral occurrences;
  • (4) ‘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;
  • (5) ‘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;
  • (6) ‘mineral occurrences’ means any single mineral or combination of minerals occurring in a mass or deposit of potential economic interest;
  • (7) ‘reserves’ means all mineral occurrences that are economically viable to extract in a particular market context;
  • (8) ‘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;
  • (9) ‘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;
  • (10) ‘recycling’ means recycling as defined in Article 3, point (17), of Directive 2008/98/EC;
  • (11) ‘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;
  • (12) ‘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;
  • (13) ‘supply risk’ means supply risk as calculated in line with Annex II, Section 2;
  • (14) ‘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;
  • (15) ‘offtaker’ means an undertaking that has entered into an offtake agreement with a project promoter;
  • (16) ‘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;
  • (17) ‘project promoter’ means any undertaking or consortium of undertakings developing a raw material project;
  • (18) ‘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;
  • (19) ‘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;
  • (20) ‘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;
  • (21) ‘general exploration’ means exploration at national or regional level, not including targeted exploration;
  • (22) ‘targeted exploration’ means the detailed investigation of an individual mineral occurrence;
  • (23) ‘predictive map’ means a map indicating areas that are likely to contain mineral occurrences of a given raw material;
  • (24) ‘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;
  • (25) ‘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;
  • (26) ‘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;
  • (27) ‘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;
  • (28) ‘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;
  • (29) ‘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;
  • (30) ‘strategic technologies’ means the key technologies instrumental for the green and digital transitions as well as for defence and aerospace applications;
  • (31) ‘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;
  • (32) ‘waste’ means waste as defined in Article 3, point (1), of Directive 2008/98/EC;
  • (33) ‘collection’ means collection as defined in Article 3, point (10), of Directive 2008/98/EC;
  • (34) ‘treatment’ means treatment as defined in Article 3, point (14), of Directive 2008/98/EC;
  • (35) ‘recovery’ means recovery as defined in Article 3, point (15), of Directive 2008/98/EC;
  • (36) ‘re-use’ means re-use as defined in Article 3, point (13), of Directive 2008/98/EC;
  • (37) ‘extractive waste’ means extractive waste within the meaning of Article 2(1) of Directive 2006/21/EC;
  • (38) ‘extractive waste facility’ means waste facility as defined in Article 3, point (15), of Directive 2006/21/EC;
  • (39) ‘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;
  • (40) ‘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;
  • (41) ‘wind energy generator’ means the part of an onshore or offshore wind turbine that converts the mechanical energy of the rotor into electrical energy;
  • (42) ‘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;
  • (43) ‘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;
  • (44) ‘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;
  • (45) ‘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;
  • (46) ‘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;
  • (47) ‘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;
  • (48) ‘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;
  • (49) ‘tumble drier’ means an appliance in which textiles are dried by tumbling in a rotating drum through which heated air is passed;
  • (50) ‘microwave’ means any appliance intended to be used for the heating of food using electromagnetic energy;
  • (51) ‘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;
  • (52) ‘dishwasher’ means a machine which cleans and rinses tableware;
  • (53) ‘permanent magnet’ means a magnet that retains its magnetism after being removed from an external magnetic field;
  • (54) ‘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;
  • (55) ‘unique product identifier’ means a unique string of characters for the identification of products;
  • (56) ‘magnet coating’ means a layer of material generally used to protect magnets from corrosion;
  • (57) ‘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;
  • (58) ‘recycler’ means any natural or legal person who carries out recycling in a permitted facility;
  • (59) ‘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;
  • (60) ‘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;
  • (61) ‘placing on the market’ means the first making available of a product on the Union market;
  • (62) ‘conformity assessment’ means the process demonstrating whether the requirements set out in Article 28, 29 or 31 have been fulfilled;
  • (63) ‘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;
  • (64) ‘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
1.

The raw materials, including in unprocessed form, at any stage of processing and when occurring as a by-product of other extraction, processing or recycling processes, listed in Annex I, Section 1, shall be considered to be strategic raw materials.

2.

The Commission is empowered to adopt delegated acts in accordance with Article 38 to amend Annex I, Section 1, in order to update the 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.

3.

The Commission shall review and, if necessary, update the list of strategic raw materials by 24 May 2027, and every three years thereafter.

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
1.

The raw materials, including in unprocessed form, at any stage of processing and when occurring as a by-product of other extraction, processing or recycling processes, listed in Annex II, Section 1, shall be considered to be critical raw materials.

2.

The Commission is empowered to adopt delegated acts in accordance with Article 38 to amend Annex II, Section 1, in order to update the 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.

3.

By 24 May 2027 and at least every three years thereafter the Commission shall review and, if necessary, update the list of critical raw materials in accordance with paragraph 2.

CHAPTER 3 STRENGTHENING THE UNION RAW MATERIALS VALUE CHAIN

SECTION 1 Benchmarks

Article 5

Benchmarks
1.

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:

  • (a) 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:
  • (i) 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;
  • (ii) 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;
  • (iii) 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;
  • (b) 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.
2.

The Commission and Member States shall undertake efforts to incentivise technological progress and resource efficiency in order to moderate the expected increase in Union consumption of critical raw materials below the reference projection referred to in Article 44(1) by means of the relevant measures set out in this Section and in Chapter 5, Section 1.

3.

By 1 January 2027, the Commission shall adopt delegated acts in accordance with Article 38 to supplement this Regulation by providing for Union recycling capacity benchmarks expressed as a share of the strategic raw materials available in relevant waste streams.

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 ([^E0001]), Directive 2008/98/EC and Directive 2012/19/EU of the European Parliament and of the Council ([^E0002]), 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:

  • (a) current Union recycling capacity expressed as a share of the strategic raw materials available in relevant waste streams;
  • (b) the extent to which strategic raw materials can be recovered from those waste streams, taking into account technological and economic feasibility;
  • (c) 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
1.

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:

  • (a) the project would make a meaningful contribution to the security of the Union’s supply of strategic raw materials;
  • (b) 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;
  • (c) 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;
  • (d) for projects in the Union, the establishment, operation or production of the project would have cross-border benefits beyond the Member State concerned, including for downstream sectors;
  • (e) for projects in third countries that are emerging markets or developing economies, the project would be mutually beneficial for the Union and the third country concerned by adding value in that third country.
2.

The fulfilment of the criteria for the recognition set out in paragraph 1 of this Article shall be assessed by the Commission in accordance with the elements and evidence set out in Annex III.

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.

3.

The recognition of a project as a Strategic Project pursuant to this Article shall not affect the requirements applicable to the relevant project or project promoter under Union, national or international law.

Article 7

Application and recognition
1.

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:

  • (a) relevant evidence related to fulfilment of the criteria laid down in Article 6(1);
  • (b) a classification of the project according to the United Nations Framework Classification for Resources, supported by appropriate evidence;
  • (c) 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;
  • (d) 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;
  • (e) 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 ([^E0003]), and, where multiple undertakings are involved, information outlining the relative involvement of each undertaking in the project;
  • (f) a business plan evaluating the financial viability of the project;
  • (g) 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;
  • (h) 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;
  • (i) 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;
  • (j) 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.

2.

By 24 November 2024, the Commission shall adopt an implementing act establishing a single template to be used by project promoters for the applications referred to in paragraph 1 of this Article. The single template may indicate how the information referred to in paragraph 1 of this Article is to be expressed. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 39(2).

The extent of documentation required to complete the single template referred to in the first subparagraph shall be reasonable.

3.

The Commission shall assess the applications referred to in paragraph 1 through an open call with regular cut-off dates.

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.

4.

The Commission shall inform applicants within 30 days of the applicable cut-off date if it considers the information provided in the application to be complete. If the application is incomplete, the Commission may request the applicant to submit the additional information required to complete the application without undue delay, specifying which additional information is required.

5.

The Commission shall inform the Board of all applications that are considered to be complete in accordance with paragraph 4.

6.

The Board shall meet at regular intervals in accordance with Article 36(5) to discuss and issue an opinion on, on the basis of a fair and transparent process, whether the proposed projects fulfil the criteria laid down in Article 6(1).

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.

7.

The Commission shall transmit the full application to the Member State, third country or OCTs whose territory is concerned by a proposed project.

8.

On the basis of an objection by the Member State whose territory is concerned by a proposed project, the project shall not be considered for recognition as a Strategic Project. The Member State concerned shall substantiate its objection during the discussions referred to in paragraph 6.

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.

9.

The Commission shall, taking account of the opinion of the Board referred to in paragraph 6, adopt its decision on the recognition of the project as a Strategic Project within 90 days of acknowledging the completeness of the application in accordance with paragraph 4 and shall notify the applicant thereof.

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.

10.

In exceptional cases, where the nature, complexity or size of an application so require or where the number of applications received before a particular cut-off date is too high to allow for the processing of applications within the time limit referred to in paragraph 9, the Commission may, on a case-by-case basis and no later than 20 days before the expiry of the time limit referred to in paragraph 9, extend that time limit by a maximum of 90 days. In that event, the Commission shall inform the project promoter in writing of the reasons justifying the extension and of the time limit for the decision.

11.

Where the Commission finds that a Strategic Project no longer fulfils the criteria laid down in Article 6(1) or, where its recognition was based on an application containing information that is incorrect to the extent that it affects its compliance with the criteria laid down in Article 6(1), it may, taking into account the opinion of the Board, withdraw the recognition of a project as a Strategic 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.

12.

Projects which are no longer recognised as Strategic Projects shall lose all rights connected to that status under this Regulation.

13.

Strategic Projects that no longer fulfil the criteria laid down in Article 6(1) solely due to an update of Annex I shall be allowed to maintain their status as Strategic Projects for three years from the date of that update.

Article 8

Reporting and information obligations for Strategic Projects
1.

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:

  • (a) progress in the implementation of the Strategic Project, in particular with regard to the permit-granting process;
  • (b) where relevant, reasons for delays compared to the timetable referred to in Article 7(1), point (c) and a plan to overcome such delays;
  • (c) 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).

2.

The Commission may, where necessary, request additional information from project promoters relevant to the implementation of the Strategic Project to ascertain the continuing fulfilment of the criteria laid down in Article 6(1).

3.

The project promoter shall notify the Commission of:

  • (a) changes to the Strategic Project affecting its fulfilment of the criteria laid down in Article 6(1);
  • (b) 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).
4.

The Commission may adopt implementing acts establishing a single template to be used by project promoters to provide all the information required for the reports referred to in paragraph 1 of this Article. The single template may indicate how the information referred to in paragraph 1 of this Article is to be expressed. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 39(2).

The extent of documentation required to complete the single template referred to in the first subparagraph shall be reasonable.

5.

The project promoter shall establish and regularly update the undertaking’s website or a dedicated project website with information relevant to the local population and to foster public acceptance about the Strategic Project, including at least information on the environmental, social and economic impacts and benefits associated with the Strategic Project. The relevant part of the undertaking’s website or dedicated project website shall be accessible by the public free of charge and shall not require the provision of personal information (free-access website). It shall be available in a language or languages that can be easily understood by the local population.

SECTION 3 Permit-granting process

Article 9

Single point of contact
1.

By 24 February 2025, Member States shall establish or designate one or more authorities as single points of contact. Where a Member State establishes or designates more than one such point of contact, it shall ensure that there is only one such point of contact per relevant administrative level and stage of the critical raw materials value chain.

2.

Where a Member State establishes or designates more than one point of contact pursuant to paragraph 1 of this Article, it shall provide a simple, accessible website on which all points of contact, including their address and electronic means of communication, are clearly listed and categorised according to the relevant administrative level and the stage of the critical raw materials value chain. The website may also contain content provided pursuant to Article 18.

3.

The single points of contact established or designated pursuant to paragraph 1 of this Article (single points of contact) shall be responsible for facilitating and coordinating the permit-granting process for critical raw material projects and providing information on the elements referred to in Article 18, including information on when an application is considered to be complete in accordance with Article 11(6). They shall coordinate and facilitate the submission of any relevant documents and information.

4.

The single point of contact concerned shall be the sole point of contact for the project promoter and shall assist the project promoter in understanding any administrative matter relevant to the permit-granting process.

5.

Project promoters of critical raw materials projects shall have the possibility to contact the relevant administrative unit, within the single point of contact, responsible for the tasks provided for in this Article. If the relevant administrative unit changes, it shall continue to fulfil its responsibilities set out in this paragraph until the project promoter has been notified of such a change.

6.

Project promoters shall be allowed to submit all documents relevant to the permit-granting process in electronic form.

7.

The Member States shall ensure that any valid studies carried out, or permits or authorisations issued, for a given critical raw material project are taken into account and that no duplicate studies, permits or authorisations are required, unless otherwise required under Union or national law.

8.

Member States shall ensure that applicants have easy access to information on and procedures for the settlement of disputes concerning the permit-granting process for critical raw materials projects, including, where applicable, alternative dispute resolution mechanisms.

9.

Member States shall ensure that the single points of contact have a sufficient number of qualified staff and sufficient financial, technical and technological resources necessary for the effective performance of their tasks under this Regulation.

Article 10

Priority status of Strategic Projects
1.

Strategic Projects shall be considered to contribute to the security of supply of strategic raw materials in the Union.

2.

With regard to the environmental impacts or obligations addressed in Article 6(4) and Article 16(1), point (c), of Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC and Article 9(1), point (a), of Directive 2009/147/EC or in Union legislative provisions regarding the restoration of terrestrial, coastal and freshwater ecosystems, Strategic Projects in the Union shall be considered to be of public interest or serving public health and safety, and may be considered to have an overriding public interest provided that all the conditions set out in those Union legislative acts are fulfilled.

3.

For the purpose of ensuring the efficient administration of the permit-granting process related to Strategic Projects in the Union, project promoters and all authorities concerned shall ensure that that process is carried out in the most rapid way possible in accordance with Union and national law.

4.

Without prejudice to obligations provided for in Union law, Strategic Projects in the Union shall be granted the status of the highest national significance possible, where such a status exists in national law, and be treated accordingly in the permit-granting processes.

5.

All dispute resolution procedures, litigation, appeals and judicial remedies related to the permit-granting process and the issuance of permits for Strategic Projects in the Union before any national courts, tribunals or panels, including with regard to mediation or arbitration, where they exist in national law, shall be treated as urgent if and to the extent to which national law provides for such urgency procedures and provided that the usually applicable rights of defence of individuals or of local communities are respected. Project promoters of Strategic Projects shall participate in such urgency procedures, where applicable.

Article 11

Duration of the permit-granting process
1.

For Strategic Projects in the Union, the permit-granting process shall not exceed:

  • (a) 27 months for Strategic Projects involving extraction;
  • (b) 15 months for Strategic Projects involving only processing or recycling.
2.

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:

  • (a) 24 months for Strategic Projects involving extraction;
  • (b) 12 months for Strategic Projects involving only processing or recycling.
3.

Where an environmental impact assessment is required pursuant to Directive 2011/92/EU, the step of the assessment referred to in Article 1(2), point (g)(i), of that Directive shall not be included in the duration for permit-granting process referred to in paragraphs 1 and 2 of this Article.

4.

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:

  • (a) paragraph 1, point (a), and paragraph 2, point (a), by a maximum of six months;
  • (b) 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.

5.

By way of derogation from Article 4(6) of Directive 2011/92/EU, the determination of whether the Strategic Project is to be made subject to an assessment in accordance with Articles 5 to 10 of that Directive shall be made within 30 days from the date on which the developer has submitted all the information required pursuant to Article 4(4) of that Directive.

6.

No later than 45 days following the receipt of a permit-granting application related to a Strategic Project, the single point of contact concerned shall acknowledge that the application is complete or, if the project promoter has not sent all the information required to process an application, request the project promoter to submit a complete application without undue delay, specifying which information is missing. Where the application submitted is deemed to be incomplete a second time, the single point of contact concerned shall not request information in areas not covered in the first request for additional information and shall be entitled only to request further evidence to complete the identified missing information.

The date of the acknowledgement referred to in the first subparagraph shall serve as the start of the permit-granting process.

7.

No later than one month from the date of acknowledgement referred to in paragraph 6 of this Article, the single point of contact concerned shall draw up, in close cooperation with the project promoter and other competent authorities concerned, a detailed schedule for the permit-granting process. The schedule shall be published by the project promoter on the website referred to in Article 8(5). The single point of contact concerned shall update the schedule in the event that there are significant changes that potentially affect the timing of the comprehensive decision.

8.

The single point of contact concerned shall notify the project promoter when the environmental impact assessment report referred in Article 5(1) of Directive 2011/92/EU is due, taking into account the organisation of the permit-granting process in the Member State concerned and the need to allow sufficient time to assess the report. The period between the deadline for the submission of the environmental impact assessment report and the actual submission of that report shall not be counted towards the duration of the permit-granting process referred to in paragraphs 1 and 2 of this Article.

9.

Where the consultation pursuant to Article 1(2), point (g)(ii), of Directive 2011/92/EU results in the need to supplement the environmental impact assessment report with additional information, the single point of contact concerned may give the project promoter the opportunity to provide additional information. In such a case, that single point of contact shall notify the project promoter when the additional information is due, which shall be in no less than 30 days after the notification. The period between the deadline for providing the additional information and the submission of that information shall not be counted towards the duration of the permit-granting process referred to in paragraphs 1 and 2 of this Article.

10.

The time limits set in this Article shall be without prejudice to obligations arising from Union and international law, and without prejudice to administrative appeal procedures and judicial remedies before a court or tribunal.

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
1.

Where an environmental impact assessment is required for a Strategic Project in accordance with Articles 5 to 9 of Directive 2011/92/EU, the relevant project promoter shall request, no later than 30 days after the notification of the recognition as a Strategic Project and before submitting the application, an opinion from the single point of contact concerned on the scope and level of detail of the information to be included in the environmental impact assessment report under Article 5(1) of that Directive.

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.

2.

In the case of Strategic Projects for which the obligation to carry out assessments of the effects on the environment arises simultaneously from Directives 92/43/EEC, 2000/60/EC, 2008/98/EC, 2009/147/EC, 2010/75/EU, 2011/92/EU or Directive 2012/18/EU of the European Parliament and of the Council ([^E0004]), Member States shall ensure that a coordinated or a joint procedure fulfilling all the requirements of those Union legislative acts is applied.

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.

3.

Member States shall ensure that the competent authorities issue the reasoned conclusion referred to in Article 1(2), point (g)(iv), of Directive 2011/92/EU on the environmental impact assessment of a Strategic Project within 90 days of receiving all necessary information pursuant to Articles 5, 6 and 7 of that Directive and after completing the consultations referred to in Articles 6 and 7 of that Directive.

4.

In exceptional cases, where the nature, complexity, location or size of the proposed project so require, Member States may extend the time limit referred to in paragraph 3 by a maximum of 20 days, before its expiry and on a case-by-case basis. In that event, the single point of contact concerned shall inform the project promoter in writing of the reasons justifying the extension and of the deadline for its reasoned conclusion.

5.

In the case of Strategic Projects, the timeframe for consulting the public concerned as referred to in Article 1(2), point (e), of Directive 2011/92/EU and authorities referred to in Article 6(1) of that Directive on the environmental impact assessment report referred to in Article 5(1) of that Directive shall not be longer than 85 days and, in accordance with Article 6(7) of that Directive, not shorter than 30 days. In exceptional cases, where the nature, complexity, location or size of the proposed project so require, the Member State concerned may extend the timeframe by up to 40 days. The single point of contact concerned shall inform the project promoter of the reasons justifying such an extension.

6.

Paragraph 1 shall not apply to the permit-granting process for Strategic Projects that had entered in the permit-granting process before being recognised as a Strategic Project.

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
1.

National, regional and local authorities responsible for preparing plans, including zoning, spatial plans and land use plans, shall consider including in such plans, where appropriate, provisions for the development of critical raw materials projects. Where considering to include such provisions, priority shall be given to artificial and built surfaces, industrial sites, brownfield sites, and active or abandoned mines, including, where appropriate, identified mineral occurrences.

2.

Where plans including provisions for the development of critical raw material projects are subject to an assessment pursuant to Directive 2001/42/EC of the European Parliament and of the Council ([^E0005]) and pursuant to Article 6 of Directive 92/43/EEC, those assessments shall be combined. Where applicable, the combined assessment shall also address the impact on potentially affected water bodies referred to in Directive 2000/60/EC. Where relevant Member States are required to assess the impacts of existing and future activities on the marine environment, including land-sea interactions, as referred to in Article 4 of Directive 2014/89/EU of the European Parliament and of the Council ([^E0006]), those impacts shall also be covered in the combined assessment.

Article 14

Applicability of UNECE conventions
1.

This Regulation is without prejudice to the obligations under the United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, signed at Aarhus on 25 June 1998, and under the UNECE Convention on environmental impact assessment in a transboundary context, signed at Espoo on 25 February 1991 and its Protocol on Strategic Environmental Assessment, signed in Kyiv on 21 May 2003.

2.

All decisions adopted pursuant to this Section shall be made publicly available in an easily understandable manner and all decisions concerning one project shall be available on the same website.

SECTION 4 Enabling conditions

Article 15

Accelerating implementation of Strategic Projects
1.

The Commission shall carry out activities, where appropriate in cooperation with Member States, to accelerate and crowd-in private investments in Strategic Projects. Such activities may, without prejudice to Articles 107 and 108 TFEU, include providing and coordinating support to Strategic Projects that face difficulties in accessing finance.

2.

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:

  • (a) ensure compliance with applicable administrative and reporting obligations;
  • (b) 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
1.

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:

  • (a) additional private sources of financing;
  • (b) support through resources from the European Investment Bank Group or other international financial institutions including the European Bank for Reconstruction and Development;
  • (c) existing Member State instruments and programmes, including from export credit agencies, national promotional banks and institutions;
  • (d) relevant Union funding and financing programmes, with a particular focus on the Global Gateway Initiative for Strategic Projects in third countries or in OCTs.
2.

By 24 May 2026, the Commission shall, on the basis of the advice of the standing subgroup referred to in Article 36(8), point (a), submit a report to the Board describing obstacles to accessing finance for Strategic Projects and recommendations to facilitate such access.

Article 17

Facilitating offtake agreements
1.

The Commission shall set up a system to facilitate the conclusion of offtake agreements related to Strategic Projects, in accordance with competition rules.

2.

The system referred to in paragraph 1 shall allow potential offtakers to make bids indicating:

  • (a) the volume and quality of strategic raw materials they intend to purchase;
  • (b) the intended price or price range;
  • (c) the intended duration of the offtake agreement.
3.

The system referred to in paragraph 1 shall allow project promoters of Strategic Projects to make offers indicating:

  • (a) the volume and quality of strategic raw materials for which they are seeking to conclude off-take agreements;
  • (b) the intended price or price range at which they are willing to sell;
  • (c) the intended duration of the offtake agreement.
4.

On the basis of the bids and offers received pursuant to paragraphs 2 and 3, the Commission shall bring project promoters of Strategic Projects in contact with potential offtakers relevant for their project.

Article 18

Online accessibility of administrative information
1.

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:

  • (a) the information referred to in Article 9(2);
  • (b) the permit-granting process and related administrative processes required for obtaining the relevant permits;
  • (c) financing and investment services;
  • (d) funding possibilities at Union or Member State level;
  • (e) business support services, including but not limited to corporate tax declaration, local tax laws or labour law.
2.

The Commission shall, in a centralised and easily accessible manner, provide online information on administrative processes relevant to the recognition of Strategic Projects and on the benefits of such recognition.

SECTION 5 Exploration

Article 19

National exploration programmes
1.

By 24 May 2025, each Member State shall draw up a national programme for general exploration targeted at critical raw materials and carrier minerals of critical raw materials. Those national programmes shall be reviewed at least every five years and updated if necessary.

2.

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:

  • (a) mineral mapping at a suitable scale;
  • (b) geochemical campaigns, including to establish the chemical compositions of soils, sediments or rocks;
  • (c) geoscientific surveys, such as geophysical surveys;
  • (d) processing of the data gathered through general exploration, including through the development of predictive maps;
  • (e) reprocessing of existing geoscientific survey data to check for unidentified mineral occurrences containing critical raw materials and carrier minerals of critical raw materials.
3.

Where a Member State’s geological conditions are so that, with a high degree of certainty, no deposits of critical raw materials or their carrier minerals will be identified through the measures listed in paragraph 2, the national programme referred to in paragraph 1 may consist of scientific evidence to that effect. Such evidence shall be updated, in the context of the regular review of the national programme, to reflect any changes in the list of critical raw materials.

4.

Member States shall communicate to the Commission their national programmes referred to in paragraph 1.

5.

Member States shall, in their reports submitted pursuant to Article 45, provide information on progress in the implementation of the measures included in their national programmes referred to in paragraph 1 of this Article.

6.

Member States shall make maps that show basic information on mineral occurrences containing critical raw materials gathered through the measures set out in the national programmes referred to in paragraph 1 publicly available on a free-access website. That information shall, where applicable, include the classification of the identified occurrences using the United Nations Framework Classification for Resources. More detailed information, including processed geophysical and geochemical data at appropriate resolution and large scale geological mapping, shall be made available upon request.

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).

7.

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:

  • (a) the potential for cooperation, including on exploration of cross-border mineral occurrences and common geological formations;
  • (b) best practices related to the measures listed in paragraph 2;
  • (c) 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
1.

The Commission shall monitor supply risks related to critical raw materials, in particular those that risk distorting competition or fragmenting the internal market.

That monitoring shall cover at least the evolution of the following parameters:

  • (a) trade flows between the Union and third countries and within the internal market;
  • (b) demand and supply;
  • (c) concentration of supply;
  • (d) Union and global production and production capacities at different stages of the raw materials value chain;
  • (e) price volatility;
  • (f) bottlenecks at any stages of Union production and permitting bottlenecks for Strategic Projects within the Union;
  • (g) potential obstacles to trade in critical raw materials or in goods that use critical raw materials as input within the internal market.
2.

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:

  • (a) 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;
  • (b) 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;
  • (c) providing an analysis of the supply risks for critical raw materials in light of the evolution of the parameters listed in paragraph 1;
  • (d) informing the Commission without delay if the Member State becomes aware of a risk of a serious supply disruption related to critical raw materials.
3.

The Commission, in collaboration with the national authorities participating in the standing subgroup referred to in Article 36(8), point (e) shall ensure that a stress test is carried out for each strategic raw materials supply chain at least every three years or if significant increase in supply risks is detected as a result of the monitoring referred in paragraph 1 of this Article. To that end, the standing subgroup referred to in Article 36(8), point (e) shall coordinate and divide the implementation of stress tests for the different strategic raw materials by the different participating authorities.

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:

  • (a) where the strategic raw material concerned is extracted, processed or recycled;
  • (b) the capacities of economic operators along the raw materials value chain as well as the market structure;
  • (c) factors that might affect supply, including but not limited to the geopolitical situation, logistics, energy supply, workforce or natural disasters;
  • (d) the availability and ability to swiftly diversify supply sources, substitute materials or mitigate demand;
  • (e) 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;
  • (f) 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.
4.

The Commission shall make publicly available on a free-access website and regularly update a monitoring dashboard containing:

  • (a) aggregated information on the evolution of the parameters referred to in paragraph 1;
  • (b) 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;
  • (c) 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.
5.

The Commission shall analyse the information gathered pursuant to paragraphs 1, 2 and 3 of this Article. Where the Commission considers, on the basis of the analysis, that there a is clear indication of the risk of a supply disruption that is likely to distort competition or fragment the internal market, the Commission shall alert Member States, the Board and the Union governance bodies of crisis vigilance or crisis management mechanisms whose scope covers relevant strategic or critical raw materials. Where relevant, the Commission shall also assess whether this risk requires an update of the list of strategic raw materials pursuant to Article 3(3).

Article 21

Information obligations for monitoring
1.

Member States shall, in their reports submitted pursuant to Article 45, provide information to the Commission on new or existing critical raw material project on their territory that is relevant regarding Article 20(1), point (d), including a classification of new projects according to the United Nations Framework Classification of Resources.

2.

Member States shall identify key market operators along the critical raw materials value chain established in their territory and shall:

  • (a) 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;
  • (b) in their reports submitted pursuant to Article 45, provide information about the results of the information gathering pursuant to point (a) of this subparagraph;
  • (c) 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.

3.

Member States shall transmit the data collated pursuant to paragraph 2, points (a) and (b), of this Article to national statistical authorities and to Eurostat for the purposes of compiling statistics in accordance with Regulation (EC) No 223/2009 of the European Parliament and of the Council ([^E0007]). Member States shall designate the national authority responsible for transmitting the data to national statistical authorities and Eurostat.

Article 22

Reporting of strategic stocks
1.

Member States shall, in their reports submitted pursuant to Article 45, submit to the Commission information on the state of their strategic stocks of strategic raw materials. Member States shall not be required to provide information regarding certain strategic stocks where such information could compromise their defence or national security. Where a Member State refuses to provide such information, it shall provide a justified notice.

2.

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:

  • (a) 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;
  • (b) the evolution of the level of strategic stocks available for each strategic raw material, on an aggregated level, over the preceding five years;
  • (c) 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.
3.

The reports referred to in paragraph 1 may include information of strategic stocks of critical and other raw materials.

Article 23

Coordination of strategic stocks
1.

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) 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;
  • (b) 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;
  • (c) information on the potential cross-border accessibility of strategic stocks, in light of the rules or procedures for their release, allocation and distribution.
2.

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:

  • (a) 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;
  • (b) take into account publicly available information on strategic stocks held by private operators;
  • (c) be proportionate to the supply risk and economic importance associated with the relevant strategic raw material.
3.

The Commission may, taking account of the views of the Board, issue opinions addressed to Member States:

  • (a) 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;
  • (b) 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.
4.

In preparing the opinions referred to in paragraph 3, the Commission and the Board shall give particular weight to the need to maintain and promote incentives for private operators, which rely on strategic raw materials as inputs, to constitute their own strategic stocks or to take other measures to manage their exposure to supply risks.

5.

Member States shall, in their reports submitted pursuant to Article 45, provide information on whether and how they have implemented or intend to implement the opinions referred to in paragraph 3 of this Article.

6.

Before the participation of at least two Member States in international or multilateral fora in the areas of strategic stocks of strategic raw materials, the Commission shall ensure prior coordination either between the Member States concerned and the Commission or by means of a dedicated meeting of the Board.

7.

The data collated on the available Union strategic stocks shall be provided by the Commission to the Union governance bodies responsible for crisis vigilance or crisis management mechanisms covering relevant strategic raw materials.

8.

Neither this Article nor Article 22 shall impose an obligation on Member States to hold or release strategic stocks.

Article 24

Company risk preparedness
1.

By 24 May 2025 and within 12 months of each update of the list of strategic raw materials pursuant to Article 3(3), Member States shall identify the large companies operating on their territory that use strategic raw materials to manufacture batteries for energy storage and e-mobility, equipment related to hydrogen production and utilisation, equipment related to renewable energy generation, aircrafts, traction motors, heat pumps, equipment related to data transmission and storage, mobile electronic devices, equipment related to additive manufacturing, equipment related to robotics, drones, rocket launchers, satellites or advanced chips.

2.

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) a mapping of where the strategic raw materials they use are extracted, processed or recycled;
  • (b) an analysis of the factors that might affect their supply of strategic raw materials;
  • (c) an assessment of their vulnerabilities to supply disruptions.

Reading this document does not replace reading the official text published in the Official Journal of the European Union. We assume no responsibility for any inaccuracies arising from the conversion of the original to this format.

This text is published under EUR-Lex's own terms of reuse, not a Legalize or public-domain licence. EUR-Lex
Creative Commons Attribution 4.0 International (CC BY 4.0)
© European Union, https://eur-lex.europa.eu — Source: EUR-Lex (Publications Office of the European Union). Reused under the Creative Commons Attribution 4.0 International (CC BY 4.0) licence. Only EU legislation published in the printed Official Journal of the European Union is deemed authentic; consolidated texts are reproduced here for documentation purposes and have been reformatted to Markdown.