National measures on circularity
1. Each Member State shall, by two years from the date of entry into force of the implementing act referred to in paragraph 7, adopt and implement, or include in, national programmes containing measures designed to:
(a)
incentivise technological progress and resource efficiency in order to moderate the expected increase in Union consumption of critical raw materials;
(b)
promote waste prevention and increase re-use and repair of products and components with relevant critical raw materials recovery potential;
(c)
increase the collection, sorting and processing of waste with relevant critical raw materials recovery potential, including metal scraps, and ensure their introduction into the appropriate recycling system, with a view to maximising the availability and quality of recyclable material as an input to critical raw material recycling facilities;
(d)
increase the use of secondary critical raw materials, including through measures such as taking recycled content into account in award criteria related to public procurement or financial incentives for the use of secondary critical raw materials;
(e)
increase the technological maturity of recycling technologies for critical raw materials and promote circular design, materials efficiency and substitution of critical raw materials in products and applications, at least by including support actions to that effect under national research and innovation programmes;
(f)
ensure that measures are in place to equip their workforce with the skills needed to support circularity of the critical raw materials value chain, including measures on upskilling and reskilling;
(g)
where financial contributions are to be paid by the producer in accordance with its extended producer responsibility obligations under national law in accordance with Article 8(1) of Directive 2008/98/EC, promote the modulation of such financial contributions to incentivise a larger share of secondary critical raw materials recovered from waste, recycled in line with relevant Union environmental standards, to be contained in products;
(h)
take necessary measures to ensure that critical raw materials that are exported after ceasing to be waste fulfil the relevant conditions in accordance with Directive 2008/98/EC and other relevant Union law;
(i)
where relevant, support the use of Union quality standards for recycling processes of waste streams containing critical raw materials.
2. The programmes referred to in paragraph 1 of this Article may be integrated into new or existing waste management plans and waste prevention programmes adopted pursuant to Articles 28 and 29 of Directive 2008/98/EC.
The national programmes referred to in the first subparagraph shall be reviewed within five years of their adoption and updated if necessary.
3. The programmes referred to in paragraph 1 shall cover in particular products and waste which are not subject to any specific requirement on collection, treatment, recycling or re-use under Union law. For other products and waste, the measures shall be implemented in accordance with Union law.
With respect to paragraph 1, points (b), (c) and (d), the programmes referred to in those points may include, without prejudice to Articles 107 and 108 TFEU, the introduction of financial incentives, such as discounts, monetary rewards or deposit-refund systems, to encourage the preparation for re-use and re-use of products with relevant critical raw materials recovery potential, and the collection and treatment of waste from such products.
4. The national measures referred to in paragraphs 1 and 2 shall be designed with a view to avoiding barriers to trade and distortions of competition in conformity with the TFEU.
5. Member States shall identify separately, and report, the quantities of components containing relevant amounts of critical raw materials removed from waste electrical and electronic equipment and the quantities of critical raw materials recovered from such equipment.
The Commission shall adopt implementing acts specifying the format and details of such reporting. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(3).
The first reporting period shall cover the first full calendar year after the adoption of those implementing acts. Member States shall submit that data when reporting to the Commission the data concerning the quantities of waste electrical and electronic equipment recycled pursuant to Article 16(6) of Directive 2012/19/EU.
6. Member States shall, in their reports submitted pursuant to Article 45, provide information on the adoption of the national programmes referred to in paragraph 1 of this Article and on progress in the effective implementation of the measures taken pursuant to paragraphs 1 and 2 of this Article.
7. By 24 May 2025, the Commission shall adopt implementing acts specifying a list of products, components and waste streams that shall at least be considered as having a relevant critical raw materials recovery potential within the meaning of paragraph 1, points (b) and (c).
In drawing up that list, the Commission shall take account of:
(a)
the total amount of critical raw materials recoverable from those products, components and waste streams;
(b)
the extent to which those products, components and waste streams are covered by Union law;
(c)
regulatory gaps;
(d)
particular challenges affecting the collection and waste treatment of products, components and waste streams;
(e)
existing systems of collection and waste treatment applying to products, components and waste streams.
The implementing acts referred to in the first subparagraph of this paragraph shall be adopted in accordance with the examination procedure referred to in Article 39(3).
Recovery of critical raw materials from extractive waste
1. Operators obliged to draw up waste management plans in accordance with Article 5 of Directive 2006/21/EC shall provide to the competent authority as defined in Article 3, point (27), of that Directive a preliminary economic assessment study regarding the potential recovery of critical raw materials, from:
(a)
the extractive waste stored in the facility; and
(b)
the extractive waste being generated or, where considered more effective, from the extracted volume prior to it becoming waste.
Operators shall be exempt from the obligation laid down in the first subparagraph of this paragraph where they can demonstrate to the competent authority as defined in Article 3, point (27), of Directive 2006/21/EC, with a high degree of certainty, that the extractive waste does not contain critical raw materials that are technically recoverable.
2. The study referred to in paragraph 1 shall at least include an estimation of the quantities and concentrations of critical raw materials contained in the extractive waste and in the extracted volume and an assessment of their technical and economic recoverability. Operators shall specify the methods used to estimate those quantities and concentrations.
3. By 24 November 2026, operators of extractive waste facilities shall submit the study referred to in paragraph 1 of this Article to the competent authority as defined in Article 3, point (27), of Directive 2006/21/EC. Operators of new extractive waste facilities shall submit that study to the competent authority as defined in Article 3, point (27), of Directive 2006/21/EC when submitting their waste management plans in accordance with Article 7 of that Directive.
4. Member States shall establish a database of the closed extractive waste facilities located on their territory, including abandoned extractive waste facilities, except for closed extractive waste facilities where the particular characteristics of the waste sites or geological conditions make the presence of potentially technically recoverable quantities of critical raw materials unlikely. That database shall contain information on:
(a)
the location, areal extent and waste volume, or where appropriate, the estimated volume, of the extractive waste facility;
(b)
the operator or former operator of the extractive waste facility and, where applicable, their legal successor;
(c)
the approximate quantities and concentrations of all raw materials contained in the extractive waste and, where available, in the original mineral deposit, in accordance with paragraph 7;
(d)
any additional information considered relevant by the Member State to enable the recovery of critical raw materials from the extractive waste facility.
5. By 24 November 2027, Member States shall adopt and implement measures to promote the recovery of critical raw materials from extractive waste, in particular from closed extractive waste facilities identified in the database referred to in paragraph 4 as containing potentially economically recoverable critical raw materials.
6. The database referred to in paragraph 4 shall be put in place by 24 November 2026 and all the information shall be introduced in that database by 24 May 2027. It shall be made available in a publicly accessible and digital form and updated at least every three years to incorporate additional available information and newly closed or newly identified facilities.
7. In order to provide the information referred to in paragraph 4, point (c), Member States shall carry out at least the following activities:
(a)
for closed extractive waste facilities, Member States shall, by 24 November 2026, comprehensively review the available permitting files, or other available documentation when permitting files do not exist;
(b)
for such extractive waste facilities where available information could indicate the presence of potentially economically recoverable quantities of critical raw materials, Member States shall, by 24 May 2026, also conduct representative geochemical sampling;
(c)
for such extractive waste facilities where the activities described under points (a) and (b) of this paragraph have indicated potentially economically recoverable quantities of critical raw materials, Member States shall, by 24 March 2027, also carry out a more detailed sampling with subsequent chemical and mineralogical characterisation involving core logging or equivalent techniques, where this is environmentally sound in accordance with applicable environmental requirements at Union level and with the requirements of Directive 2006/21/EC where relevant.
8. The activities referred to in paragraph 7 shall be carried out within the limits of national legal systems pertaining to mineral resources, waste, property rights, land ownership, environmental and health impacts and any other relevant provisions. Where such factors inhibit the activities, the Member State authorities shall seek the cooperation of the operator or owner of the extractive waste facility. The results of the activities referred to in paragraph 7 shall be made accessible as part of the database referred to in paragraph 4. Where possible, the Member States shall include in the database a classification of the closed extractive waste facilities according to the United Nations Framework Classification for Resources.
Recyclability of permanent magnets
1. From two years after the date of entry into force of the implementing act referred to in paragraph 2, any natural or legal person that places on the market magnetic resonance imaging devices, wind energy generators, industrial robots, motor vehicles, light means of transport, cooling generators, heat pumps, electric motors, including where electric motors are integrated in other products, automatic washing machines, tumble driers, microwaves, vacuum cleaners or dishwashers shall ensure that those products bear a conspicuous, clearly legible and indelible label indicating:
(a)
whether those products incorporate one or more permanent magnets;
(b)
if the product incorporates one or more permanent magnets, whether those permanent magnets belong to any of the following types:
(i)
neodymium-iron-boron;
(ii)
samarium-cobalt;
(iii)
aluminium-nickel-cobalt;
(iv)
ferrite.
2. By 24 November 2026, the Commission shall adopt an implementing act establishing the format for the labelling referred to in paragraph 1 of this Article. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 39(3).
3. From two years after the date of entry into force of the implementing act referred to in paragraph 2, any natural or legal person that places on the market products referred to in paragraph 1 incorporating one or more permanent magnets of the types referred in paragraph 1, point (b) shall ensure that a data carrier is present on or in the product.
4. The data carrier referred to in paragraph 3 shall be linked to a unique product identifier that provides access to the following:
(a)
the name, registered trade name or registered trademark and the postal address of the natural or legal person responsible and, where available, electronic means of communication where they can be contacted;
(b)
information on the weight, location and chemical composition of all individual permanent magnets included in the product, and on the presence and type of magnet coatings, glues and any additives used;
(c)
information enabling access and safe removal of all permanent magnets incorporated in the product, at least including the sequence of all removal steps, tools or technologies required for the access and removal of the permanent magnet, without prejudice to the provision of information to treatment facilities pursuant to Article 15(1) of Directive 2012/19/EU.
5. For products where the incorporated permanent magnets are exclusively contained in one or more electric motors incorporated in the product, the information referred to in paragraph 4, point (b), may be replaced by information on the location of those electric motors, and the information referred to in paragraph 4, point (c), may be replaced by information on the access and removal of the electric motors, at least including the sequence of all removal steps, tools or technologies required for the access and removal of the electric motors.
6. For products referred to in paragraph 3 for which a product passport is required pursuant to another Union legal act, the information referred to in paragraph 4 shall be included in that product passport.
7. The natural or legal person placing a product referred to in paragraph 3 on the market shall ensure that information referred to in paragraph 4 is complete, up-to-date, and accurate and remains available for a period at least equal to the product’s typical lifetime plus 10 years, including after an insolvency, a liquidation or a cessation of activity in the Union of the natural or legal person responsible. That person may authorise another natural or legal person to act on their behalf.
The information referred to in paragraph 4 shall refer to the product model or, where the information differs between units of the same model, to a particular batch or unit. The information referred to in paragraph 4 shall be accessible to repairers, recyclers, market surveillance authorities and customs authorities.
8. Where information requirements relating to the recycling of permanent magnets are established in Union harmonisation legislation for any of the products listed in paragraph 1, those requirements shall apply to the products concerned in place of this Article.
9. Products primarily designed for defence or space applications shall be exempt from the requirements laid down in this Article.
10. From 24 May 2029, this Article shall apply to magnetic resonance imaging devices, motor vehicles and light means of transport that are type-approved vehicles of category L.
11. This Article shall not apply to:
(a)
special purpose vehicles as defined in Article 3, point (31), of Regulation (EU) 2018/858;
(b)
parts of a vehicle, other than the base vehicle, that have been type-approved in multi-stage type approval of category N 1 , N 2 , N 3 , M 2 or M 3 ;
(c)
vehicles produced in small series, as defined in Article 3, point (30), of Regulation (EU) 2018/858.
12. The Commission is empowered to adopt a delegated act in accordance with Article 38 to supplement this Regulation by providing a list of Combined Nomenclature codes in accordance with Annex I to Council Regulation (EEC) No 2658/87 ( 44 ) and product descriptions corresponding to the products referred to in paragraph 1 of this Article with the aim of facilitating the work of customs authorities in relation to those products and the requirements set out in this Article and in Article 29.
Recycled content of permanent magnets
1. By 24 May 2027 or two years from the entry into force of the delegated act referred to in paragraph 2, whichever is later, any natural or legal person that places on the market products referred to in Article 28(1) which incorporate one or more permanent magnets referred to in Article 28(1), point (b), (i), (ii) and (iii), and for which the total weight of all such permanent magnets exceeds 0,2 kg shall make publicly available on a free-access website the share of neodymium, dysprosium, praseodymium, terbium, boron, samarium, nickel and cobalt recovered from post-consumer waste present in the permanent magnets incorporated in the product.
2. By 24 May 2026, the Commission shall adopt a delegated act in accordance with Article 38 to supplement this Regulation by establishing rules for the calculation and verification of the share of neodymium, dysprosium, praseodymium, terbium, boron, samarium, nickel and cobalt recovered from post-consumer waste present in the permanent magnets incorporated in the products referred to in paragraph 1 of this Article.
The calculation and verification rules shall specify the applicable conformity assessment procedure from among the modules set out in Annex II to Decision No 768/2008/EC of the European Parliament and of the Council ( 45 ) , with the adaptations necessary in view of the products concerned. When specifying the applicable conformity assessment procedure, the Commission shall consider the following criteria:
(a)
whether the module concerned is appropriate to the type of product and proportionate to the public interest pursued;
(b)
the nature of the risks entailed by the product and the extent to which conformity assessment corresponds to the type and degree of risk;
(c)
where third party involvement is mandatory, the need for the manufacturer to have a choice between quality assurance and product certification modules set out in Annex II to Decision No 768/2008/EC.
3. After the entry into force of the delegated act adopted pursuant to paragraph 2, and in any event by 31 December 2031, the Commission shall adopt delegated acts supplementing this Regulation by laying down minimum shares for neodymium, dysprosium, praseodymium, terbium, boron, samarium, nickel and cobalt recovered from post-consumer waste that must be present in the permanent magnet incorporated in the products referred to in paragraph 1.
The delegated acts referred to in the first subparagraph may apply different minimum shares to different products and may exclude certain products. They shall provide for transitional periods adjusted to the difficulty of adapting the products covered by the measure to ensure compliance.
The minimum share referred to in the first subparagraph shall be based on a prior assessment of impacts, taking into account:
(a)
the existing and forecasted availability of neodymium, dysprosium, praseodymium, terbium, boron, samarium, nickel and cobalt recovered from post-consumer waste;
(b)
the information collated pursuant to paragraph 1 and the relative distribution of the share of recycled content in permanent magnets incorporated in products referred to in paragraph 1 placed on the market;
(c)
technical and scientific progress, including considerable changes in permanent magnet technologies impacting the type of materials recovered;
(d)
the effective and potential contribution of a minimum share to the Union’s climate and environmental objectives;
(e)
possible impacts on the functioning of products incorporating permanent magnets;
(f)
the need to prevent disproportionate negative impacts on the affordability of permanent magnets and products incorporating permanent magnets.
4. Where requirements relating to the recycled content of permanent magnets are established in Union harmonisation legislation for any of the products listed in paragraph 1, those requirements shall apply to the products concerned in place of this Article.
5. From the date of application of the requirement set out in paragraph 1, when offering the products referred to in paragraph 1 for sale, including in the case of distance selling, or displaying them in the course of a commercial activity, natural and legal persons placing on the market products referred to in paragraph 1 shall ensure that their customers have access to the information referred to in paragraph 1 before being bound by a sales contract.
Natural and legal persons placing on the market products referred to in paragraph 1 shall not provide or display labels, marks, symbols or inscriptions that are likely to mislead or confuse customers with respect to the information referred to in paragraph 1. Products primarily designed for defence or space applications shall be exempt from the requirements laid down in this Article.
6. For magnetic resonance imaging devices, motor vehicles and light means of transport that are type-approved vehicles of category L, the requirements set out in paragraphs 1 and 5 shall apply from five years after the date of entry into force of the delegated act referred to in paragraph 2.
7. This Article shall not apply to:
(a)
special purpose vehicles as defined in Article 3, point (31), of Regulation (EU) 2018/858;
(b)
parts of a vehicle, other than the base vehicle, that have been type-approved in multi-stage type approval of category N 1 , N 2 , N 3 , M 2 or M 3 ;
(c)
vehicles produced in small series, as defined in Article 3, point (30), of Regulation (EU) 2018/858.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
