Emtract Ingest

Critical Raw Materials Act In force Unlisted

Overview

Jurisdiction
European Union
Topic
-
Instrument type
Regulation
Reference number
2024/1252
Valid from
2024-05-23
Valid to
3735-11-30
Modified date
2024-05-03
Listed at
Unlisted draft
Withdrawn at
-
Description
Establishes an EU framework for a secure, resilient and sustainable supply of critical raw materials. It regulates strategic projects, permitting, supply-chain risk monitoring, recycling, circularity, sustainability certification and environmental-footprint disclosures.

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Sources

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Rule sets

Label Effective
Raw-material project promoters 2024-05-23 — 9999-12-31
Applies from milestone:
Entry into Force (2024-05-23)
Expires at milestone:
-
Conditions:
  • Activities contains No Linked Attribute Value “developing a raw material project”
Large companies using strategic raw materials 2025-05-24 — 9999-12-31
Country scope:
AT, BE, BG, HR, CY, CZ, DK, EE, FI, FR, DE, GR, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SK, SI, ES, SE
Applies from milestone:
Application Start (2025-05-24)
Expires at milestone:
-
Conditions:
  • Employee count >= 501 employees
  • Annual revenue >= 150000001 EUR
  • Products contains No Linked Attribute Value “batteries for energy storage” “batteries for e-mobility” “hydrogen equipment” “renewable energy equipment” “aircraft” “traction motors” “heat pumps” “data transmission and storage equipment” “mobile electronic devices” “additive manufacturing equipment” “robotics equipment” “drones” “rocket launchers” “satellites” “advanced chips”
Operators of extractive waste facilities 2024-05-23 — 9999-12-31
Country scope:
AT, BE, BG, HR, CY, CZ, DK, EE, FI, FR, DE, GR, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SK, SI, ES, SE
Applies from milestone:
Entry into Force (2024-05-23)
Expires at milestone:
-
Conditions:
  • Activities contains No Linked Attribute Value “operating an extractive waste facility” “operating a facility subject to an extractive-waste management plan”
Products containing permanent magnets 2028-11-24 — 9999-12-31
Country scope:
AT, BE, BG, HR, CY, CZ, DK, EE, FI, FR, DE, GR, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SK, SI, ES, SE
Conditions:
  • Products contains No Linked Attribute Value “magnetic resonance imaging devices” “wind energy generators” “industrial robots” “motor vehicles” “light means of transport” “cooling generators” “heat pumps” “electric motors” “automatic washing machines” “tumble driers” “microwaves” “vacuum cleaners” “dishwashers”
Persons placing regulated critical raw materials on the market 2024-05-23 — 9999-12-31
Country scope:
AT, BE, BG, HR, CY, CZ, DK, EE, FI, FR, DE, GR, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SK, SI, ES, SE
Applies from milestone:
Entry into Force (2024-05-23)
Expires at milestone:
-
Conditions:
  • Products contains No Linked Attribute Value “critical raw materials” “processed critical raw materials” “recycled critical raw materials”

Questions this regulation asks

Attributes only this regulation asks about — criteria no general attribute expresses. A company answers each once.

This regulation asks no questions of its own — every condition uses a general attribute.

Obligations

Title Kind Rule set
Application for Strategic Project recognition Approval -
Description:
The project promoter must submit a complete application for recognition of a critical raw-material project as a Strategic Project, including evidence, UN resource classification, timetable, public-acceptance plan, control information, business plan and, where applicable, additional plans.
Frequency:
One-time
Check frequency:
-
Products/Services:
Strategic raw-material projects
Checking responsibility:
European Commission
Check method:
Assessment of the application and evidence by the Commission
Rule set:
-
Source reference:
Article 7(1)
Source excerpt:
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:
Biennial Strategic Project reporting Reporting -
Description:
The project promoter must report every two years on implementation, permitting, delays and financing of the Strategic Project.
Frequency:
Biennial
Check frequency:
-
Products/Services:
Strategic Projects
Checking responsibility:
Project promoter; review by the Commission
Check method:
Review of biennial reports by the Commission
Rule set:
-
Source reference:
Article 8(1)
Source excerpt:
The project promoter shall, every two years after the date of recognition as a Strategic Project, submit a report to the Commission
Notification of material project changes Reporting -
Description:
The project promoter must notify the Commission without delay of changes affecting the recognition criteria or lasting control of companies involved in the Strategic Project.
Frequency:
Event-triggered
Check frequency:
-
Products/Services:
Strategic Projects
Checking responsibility:
Project promoter; review by the Commission
Check method:
Monitoring of project and control changes by the Commission
Rule set:
-
Source reference:
Article 8(3)
Source excerpt:
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
Public Strategic Project information Stakeholder Engagement -
Description:
The project promoter must establish and regularly update a free-access website explaining, in particular, the project's environmental, social and economic impacts and benefits.
Frequency:
Continuous
Check frequency:
-
Products/Services:
Strategic Projects
Checking responsibility:
Project promoter
Check method:
Public review of the website
Rule set:
-
Source reference:
Article 8(5)
Source excerpt:
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
Raw-material supply-chain risk assessment Due Diligence -
Description:
The large company must at least every three years map its strategic-raw-material supply chain, analyse supply factors and assess its vulnerability to supply disruptions.
Frequency:
Other
Check frequency:
-
Products/Services:
Strategic-raw-material supply chains; batteries, hydrogen, renewable-energy, aviation, electronics, robotics and other strategic technologies
Checking responsibility:
Large company; board of directors where required
Check method:
Supply-chain risk assessment and, where required, presentation to the board of directors
Rule set:
-
Source reference:
Article 24(2)
Source excerpt:
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
Mitigation of supply-chain vulnerabilities Due Diligence -
Description:
If the risk assessment detects significant vulnerabilities, the large company must make efforts to mitigate them, including assessing diversification or substitution.
Frequency:
Event-triggered
Check frequency:
-
Products/Services:
Strategic-raw-material supply chains
Checking responsibility:
Large company
Check method:
Assessment of identified vulnerabilities and mitigation measures
Rule set:
-
Source reference:
Article 24(4)
Source excerpt:
If significant vulnerabilities to supply disruptions are detected as a result of the risk assessment referred to in paragraph 2, large companies as referred to under paragraph 1 shall take efforts to mitigate those vulnerabilities
Study on recovery from extractive waste Due Diligence -
Description:
The operator must prepare and submit a preliminary economic assessment study on the potential recovery of critical raw materials from stored and generated extractive waste.
Frequency:
One-time
Check frequency:
-
Products/Services:
Strategic raw materials in extractive waste
Checking responsibility:
Operators of extractive waste facilities
Check method:
Submission of the study to the competent authority
Rule set:
-
Source reference:
Article 27(1)
Source excerpt:
Operators obliged to draw up waste management plans in accordance with Article 5 of Directive 2006/21/EC shall provide to the competent authority ... a preliminary economic assessment study regarding the potential recovery of critical raw materials
Permanent-magnet labelling Record Keeping -
Description:
The person placing covered products on the market must affix a conspicuous, clearly legible and indelible label indicating whether permanent magnets are incorporated and identifying their type.
Frequency:
Continuous
Check frequency:
-
Products/Services:
Products containing permanent magnets, including MRI devices, wind generators, robots, vehicles, heat pumps and electric motors
Checking responsibility:
Person placing the product on the Union market
Check method:
Conformity assessment and market surveillance
Rule set:
-
Source reference:
Article 28(1)
Source excerpt:
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 ... shall ensure that those products bear a conspicuous, clearly legible and indelible label
Disclosure of recycled magnet materials Reporting -
Description:
The person placing covered products on the market must publish on a free-access website, and make available before contract formation, the share of specified materials recovered from post-consumer waste in the permanent magnets.
Frequency:
Continuous
Check frequency:
-
Products/Services:
Products containing specified permanent magnets exceeding 0.2 kg total weight
Checking responsibility:
Person placing the product on the market
Check method:
Public review of the website and product information
Rule set:
-
Source reference:
Article 29(1)
Source excerpt:
any natural or legal person that places on the market products referred to in Article 28(1) which incorporate one or more permanent magnets ... 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
Environmental-footprint declaration Record Keeping -
Description:
The person placing covered critical raw materials on the market must provide an understandable environmental-footprint declaration with the required information on a free-access website and make it available to customers before purchase.
Frequency:
Continuous
Check frequency:
-
Products/Services:
Critical raw materials for which calculation and verification rules exist
Checking responsibility:
Person placing critical raw materials on the market
Check method:
Conformity assessment and public-availability review
Rule set:
-
Source reference:
Article 31(6)
Source excerpt:
Any natural or legal person that places on the market critical raw materials, including processed and recycled, for which the Commission has adopted calculation and verification rules pursuant to paragraph 1 shall make available an environmental footprint declaration.
Pre-market conformity Approval -
Description:
Before placing a covered product on the market, the responsible person must ensure completion of the applicable conformity assessment, draw up technical documentation and, where applicable, prepare the EU declaration of conformity and affix the CE marking.
Frequency:
Event-triggered
Check frequency:
-
Products/Services:
Products covered by Articles 28 or 29
Checking responsibility:
Responsible natural or legal person
Check method:
Conformity assessment, technical documentation, EU declaration of conformity and CE marking
Rule set:
-
Source reference:
Article 33(1)
Source excerpt:
Before placing a product covered by Article 28 or 29 on the market, the natural or legal persons responsible shall ensure that the applicable conformity assessment procedure has been carried out and that the required technical documentation has been drawn up.

Measures

No measures.

Penalties

Description Kind Rule set
Member States must establish effective, proportionate and dissuasive penalties for infringements of the Regulation. The specific penalty, including any possible fine, is determined by national law. Other -
Responsible authority:
Von den Mitgliedstaaten nach nationalem Recht bestimmte Behörden
Source reference:
Article 47
Source excerpt:
The penalties provided for shall be effective, proportionate and dissuasive.

Milestones

Date Type Description
2024-04-11 Adopted Adoption of the Regulation
Source reference:
Regulation (EU) 2024/1252
Source excerpt:
of 11 April 2024
2024-05-03 Other Publication in the Official Journal
Source reference:
Official Journal heading
Source excerpt:
3.5.2024
2024-05-23 Entry into Force Entry into force of the Regulation, 20 days after publication
Source reference:
Article 49(1)
Source excerpt:
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
2024-06-24 Other Start of the delegation of powers to the Commission
Source reference:
Article 38(2)
Source excerpt:
for a period of eight years from 24 June 2024
2024-08-24 Other Latest date for the first cut-off date for Strategic Project applications
Source reference:
Article 7(3)
Source excerpt:
The first such cut-off date shall be no later than 24 August 2024.
2024-11-24 Other Deadline for the Commission to adopt the Strategic Project application template
Source reference:
Article 7(2)
Source excerpt:
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.
2025-02-24 Other Deadline for Member States to establish or designate single points of contact
Source reference:
Article 9(1)
Source excerpt:
By 24 February 2025, Member States shall establish or designate one or more authorities as single points of contact.
2025-05-24 Other Deadline for national exploration programmes and certain Commission measures
Source reference:
Article 19(1)
Source excerpt:
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.
2025-05-24 Application Start Start of large-company supply-chain risk-assessment obligations
Source reference:
Article 24(1)
Source excerpt:
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
2026-05-24 Other Deadline for certain delegated acts and reports
Source reference:
Article 29(2)
Source excerpt:
By 24 May 2026, the Commission shall adopt a delegated act
2026-11-24 Other Deadline for studies on critical raw materials in extractive waste
Source reference:
Article 27(3)
Source excerpt:
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
2026-11-24 Other Deadline for Member States to establish national penalties
Source reference:
Article 47
Source excerpt:
By 24 November 2026, Member States shall lay down rules on penalties applicable to infringements of this Regulation
2027-05-24 Other Start of the regular review of the strategic and critical raw-material lists
Source reference:
Article 4(3)
Source excerpt:
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
2028-05-24 Other Deadline for the first evaluation of the Regulation
Source reference:
Article 48(1)
Source excerpt:
By 24 May 2028, the Commission shall carry out an evaluation of this Regulation
2028-05-24 Application Start Start of application of amendments to the type-approval Regulations
Source reference:
Article 49(2)
Source excerpt:
Articles 40 and 41 shall apply from 24 may 2028.
2029-05-24 Application Start Specific application of requirements to certain vehicles
Source reference:
Article 28(10)
Source excerpt:
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.

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