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 ( 36 ) , Directive 2008/98/EC and Directive 2012/19/EU of the European Parliament and of the Council ( 37 ) , 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
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.
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 ( 38 ) , 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.
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
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.
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.
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.
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 ( 39 ) , 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.
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 ( 40 ) 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 ( 41 ) , those impacts shall also be covered in the combined assessment.
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
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.
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.
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.
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.
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.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
