Changes from report parliamentary committee draft to plenary report

Added6b. Where, in the situation referred to in paragraph 6a, point (a), the Commission or the Critical Raw Materials Board additionally determines that no viable alternative suppliers exist that would allow the mechanism to fulfil its objective of diversifying and stabilising supply and aggregating demand at Union level, it shall authorise the participation of suppliers or service providers otherwise excluded under paragraph 6 for the duration of the situation referred to in paragraph 6a, point (a).

AddedThe Commission shall publish a reasoned decision specifying the nature, scope and duration of the measures or authorisation granted under this paragraph, and shall inform the CRMA Board accordingly. Such measures and authorisations shall be proportionate to the identified situation and shall be regularly reviewed. If suppliers or service providers otherwise excluded under this paragraph are admitted to the system in accordance with this paragraph, purchasing from other suppliers shall be prioritised. Where an authorisation is granted pursuant to this paragraph, the Commission shall simultaneously launch a call for expressions of interest to identify potential alternative sources of supply within the Union or in third countries’;

Added(3) Article 28 is amended as follows:

Added(a) in paragraph 1, the introductory wording is replaced by the following:

Added‘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, including via online sales or through other means of distance sales, 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, dishwashers, hard disk drives, transducers, loudspeakers, drones for civil use or motorised toys shall ensure that those products bear a conspicuous, clearly legible and indelible label or, alternatively, a digital label providing the information indicating:’;

Added(b) the following paragraph is inserted:

Added‘1a. By way of derogation from paragraph 1, the following products shall be exempt from the labelling requirements laid down in that paragraph where the total mass of permanent magnets incorporated in the product does not exceed the following thresholds:

Added(a) 3 grams for hard disk drives and loudspeakers;

Added(b) 6 grams for motorised toys;

Added(c) 15 grams for drones for civil use;

Added(d) 20 grams for transducers.

AddedHard disk drives, loudspeakers, motorised toys, drones for civil use and transducers incorporating exclusively ferrite permanent magnets of total mass not exceeding 20 grams shall not be subject to the requirements laid down in paragraph 1.’;

Added(c) paragraph 12 is replaced by the following:

Added‘12. The Commission is empowered to adopt delegated acts in accordance with Article 38 to supplement this Regulation by adding other relevant products or product groups containing permanent magnets to the list set out in paragraph 1 of this Article, and by providing a list of Combined Nomenclature codes in accordance with Annex I to Council Regulation (EEC) No 2658/87 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 of this Regulation. The obligations arising from the addition of possible new products pursuant to this paragraph shall apply from two years after the entry into force of the relevant delegated act.’;

Added(4) Article 29 is amended as follows:

Added(a) paragraph 1 is replaced by the following:

Added‘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, including via online sales or through other means of distance sales, 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 or in its product passport, when available, the share of neodymium, dysprosium, praseodymium, terbium, boron, samarium, nickel and cobalt recovered from manufacturing and post-consumer waste, including, where feasible, and based on available information, the shares of such waste produced within the Union, present in the permanent magnets incorporated in the product.’;

Added(b) in paragraph 2, the first subparagraph is replaced by the following:

Added‘2. By December 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 manufacturing waste and from post-consumer waste, including the shares of such waste produced within the Union, present in the permanent magnets incorporated in the products referred to in paragraph 1 of this Article.’;

Added(c) in paragraph 3, the first subparagraph is replaced by the following:

Added‘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 separate minimum shares for neodymium, dysprosium, praseodymium, terbium, boron, samarium, nickel and cobalt recovered from, manufacturing waste and post-consumer waste, including the shares of such waste produced within the Union, or any combination thereof that must be present in the permanent magnet incorporated in the products referred to in paragraph 1. Based on the publicly available information published under paragraph 1, the Commission shall propose a separate trajectory for the volumes of manufacturing waste and post-consumer waste, as well as Union-originated waste targets for permanent magnets.

AddedThe minimum shares referred to in the first subparagraph shall ensure and support a feasible and progressive increase over time of post-consumer waste used in permanent magnets, with a view to prioritising the recovery of materials from end-of-life products. Those minimum shares shall be based on a prior assessment of impacts, taking into account:’;

Added(d) in paragraph 3, third subparagraph, point (a) is replaced by the following:

Added‘(a) The existing and forecasted availability of neodymium, dysprosium, praseodymium, terbium, boron, samarium, nickel and cobalt recovered from manufacturing waste and post-consumer waste sources as well as Union recycling capacity, with the aim of fostering investments in post-consumer waste.’;

Added(5) Article 38 is amended as follows:

Added(a) in paragraph 2, the first sentence is replaced by the following:

Added‘2. The power to adopt delegated acts referred to in Article 3(2), Article 4(2), Article 5(3), Article 6(2), Article 24(5b), Article 28(12), Article 29(2) and (3), Article 31(1) and (8), and Article 34(1) shall be conferred on the Commission for a period of eight years from 24 June 2024.’;

Added(b) in paragraph 3, the first sentence is replaced by the following:

Added‘3. The delegation of power referred to in Article 3(2), Article 4(2), Article 5(3), Article 6(2), Article 24(5b), Article 28(12), Article 29(2) and (3), Article 31(1) and (8) and Article 34(1) may be revoked at any time by the European Parliament or by the Council.’;

Added(c) paragraph 6 is replaced by the following:

Added‘6. A delegated act adopted pursuant to Article 3(2), Article 4(2), Article 5(3), Article 6(2), Article 24(5b), Article 28(12), Article 29(2) or (3), Article 31(1) or (8) or Article 34(1) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period may be extended by two months at the initiative of the European Parliament or of the Council.’.

AddedArticle 2 Entry into force

AddedThis Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

AddedThis Regulation shall be binding in its entirety and directly applicable in all Member States.

AddedDone at,

AddedFor the European Parliament For the Council

AddedThe President The President