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.
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.
