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From · Plenary report · 2 Jul 2026 A-10-2026-0192 dėl pasiūlymo dėl Europos Parlamento ir Tarybos reglamento, kuriuo iš dalies keičiamas Reglamentas (ES) 2024/1252
To · Plenary report · 9 Oct 2026 A-10-2026-0265 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2024/1252
✦ In short · AI narration of the differences below, generated 16 Oct 2026

The new version adds a European Critical Raw Materials Centre with objectives, tasks, governance, contingency stocks, joint purchasing, financial support and an intelligence hub. #2#4 It also allows cooperation with associated third countries on stockpiling and sets a Commission proposal on the Centre's seat by 31 December 2026. #2#4 The explanatory statement is replaced with text on the Centre, its tasks, third-country cooperation, stakeholder participation and a referral back to committee. #5 The other changes are formal or wording: a semicolon, a full stop and a singular 'price index'. #1#3

3 changes of substance, plus 1 formaland1 wording-only. Each change below carries a one-line ✦ note from the same model. Written from the two texts only — read the highlighted passages before relying on it.

The changes to the text itself, in document order. Cover page, citations (“having regard to …”), standard resolution paragraphs and punctuation-only edits are left out — they are in “Show every difference”.

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Change #2 Substance

Adds recitals setting up a European Critical Raw Materials Centre, its governance, stockpiling, joint purchasing, financing, an intelligence hub and a seat proposal by 31 December 2026.

(10c) The increasing complexity and strategic importance of critical raw materials supply chains require stronger coordination, specialised expertise and operational capacity at Union level. Existing Union and national instruments should be complemented by a dedicated structure capable of bringing together strategic intelligence, investment support, offtake and joint purchasing, stockpiling and other supply-security tools in a coherent framework. A European Critical Raw Materials Centre should therefore be established as a Union body with the necessary operational autonomy, expertise and resources to perform the tasks assigned to it under this Regulation. The Centre will support the Commission in carrying out its operational tasks, including by providing financial and technical support to Strategic Projects, facilitating demand pooling and direct offtake, and enhancing market intelligence focused on supply security.

(10d) In order to strengthen the Union’s capacity to prevent, prepare for and respond to critical raw materials supply risks, the Centre should contribute to the development of resilient and competitive Union critical raw materials value chains, with a specific focus on strategic raw materials. To that end, the Centre should support the diversification of supply, investment, exploration, extraction, processing, separation, refining and recycling capacities, material substitution and the development of reliable supply chains. Joint purchasing and stockpiling should complement, rather than substitute for, such measures, while the Centre should contribute to the mobilisation of public and private investment and the development of appropriate market-based instruments.

(10e) The Centre should act as a strategic, public-interest body of the Union and should prioritise supply chains according to their contribution to the public interest of the Union and the extent to which they are exposed to supply disruption risks. In carrying out its tasks, the Centre should take into account material-specific supply risks, Union industrial demand and relevant technical, market and value-chain assessment. The Centre should contribute to a free, fair and transparent market for critical raw materials in the Union, including by supporting transparent price formation, market monitoring and market-based price indices. Where necessary to address a material risk to the Union’s security of supply, excessive dependencies or risks to strategic Union production capacity, stabilising instruments introduced in this Regulation could be used on the basis of objective and verifiable criteria and subject to the principles of necessity and proportionality.

(10f) The Centre should cooperate, where relevant, with existing Union research and innovation programmes, initiatives and industrial alliances in order to support the development and deployment of technologies relevant to critical raw materials value chains, without duplicating existing programmes and instruments. Such cooperation includes, where relevant, the European Innovation Council, the Joint Research Centre, the Innovation Fund and other relevant Union, national or regional initiatives, as well as relevant Union industrial alliances, such as EIT Raw Materials. The Centre should also contribute to strengthening skills, knowledge and industrial capabilities in the critical raw materials sector and to facilitating cooperation between actors across the value chain.

(10g) To ensure the effective functioning and sound management of the Centre, its administrative and management structure should comprise a Governing Board in which all Member States are represented, an Executive Director, a Deputy Executive Director and a Critical Raw Materials Forum. The Governing Board should provide strategic direction and adopt its work programmes, budget and key strategic policies based on proposals of the Executive Director. It should also oversee the Centre’s main activities, including joint purchasing, offtake agreements, stockpiling, resilience planning and financing and investment operations. For timely and effective decision-making during crises, the Governing Board should be able to form a steering group and delegate tasks to it.

(10h) In order to enable the Centre to operate effectively in markets that require timely and technically informed decisions, the Centre should enjoy the necessary operational autonomy within the mandate and strategic framework established by this Regulation. The Governing Board should provide strategic direction, adopt the Centre’s work programmes, budget, general policies and risk-management frameworks, and exercise oversight over its activities. The Executive Director should be responsible for the day-to-day management of the Centre and for individual operational decisions within the strategies, criteria, financial envelopes, risk limits and thresholds established by the Governing Board. This allocation of responsibilities should ensure effective decision-making while preserving appropriate political, budgetary and institutional oversight.

(10i) In order to preserve the expertise and continuity developed in the implementation of Regulation (EU) 2024/1252, the Centre and its Governing Board should cooperate closely with the Critical Raw Materials Board and make appropriate use of its expertise, in particular that of the Member States. Such cooperation should avoid duplication of tasks and ensure a clear division of responsibilities between the Critical Raw Materials Board, the Governing Board and the Executive Director, in accordance with their respective functions under this Regulation.

(10j) To ensure the rapid and effective establishment of the Centre, it is necessary to provide for transitional arrangements allowing the Commission to support the Centre in its initial phase until it becomes operational and capable of implementing its own budget.

(10k) The ability of the Centre to effectively fulfil its mandate and to act as a centre of expertise on critical raw materials will depend on its capacity to attract, recruit and retain staff with the necessary technical, financial, market and industrial expertise. Given the highly specialised nature of certain tasks entrusted to the Centre, it is essential to safeguard and enhance its attractiveness as a workplace for highly qualified experts and professionals. The Commission, in cooperation with the Centre, should identify the most appropriate means to ensure that the Centre remains sufficiently attractive as an employer to recruit and retain the highly qualified staff necessary for the effective performance of its tasks.

(10l) Given the broad mandate of the Centre and the importance of expertise across the critical raw materials value chain, stakeholder participation should be ensured through a structured and inclusive Critical Raw Materials Forum, providing expertise to support the implementation of this Regulation. The Forum shall facilitate an open dialogue among stakeholders across the critical raw materials value chain and may provide views, advice and recommendations to the Governing Board, at its request or on its own initiative. It may also identify emerging issues, exchange information and good practices, and facilitate cooperation among relevant stakeholders. The Centre should provide the administrative and financial resources for the Forum to conduct its activities and should ensure the necessary arrangements to facilitate the effective participation of relevant stakeholders in the Forum’s meetings.

(10m) In order to strengthen the resilience of the Union’s value chains for the most strategically exposed critical raw materials, the Centre should, in consultation with the Governing Board and the CRM Forum, develop material-specific value-chain resilience plans. Those plans should identify key dependencies, bottlenecks and supply-chain vulnerabilities across the relevant value chains and set out appropriate measures to secure the supply chain resilience. They should take into account market and technological developments, geopolitical risks and available alternative sources, and guide the Centre’s activities on joint purchasing, offtake, demand aggregation, stockpiling and strategic intelligence. The plans should be reviewed where necessary and their aggregated findings should be made available to Union undertakings, without disclosing sensitive information or specific supply-chain vulnerabilities.

(10n) In order to strengthen the Union’s preparedness against supply disruptions of critical raw materials, European contingency critical raw materials stocks (EU CRMS) should constitute a Union-level supply-security tool, complementing rather than replacing diversification, investment, recycling, substitution and the development of reliable supply chains. The Union should ensure that such stocks can be transferred, used, released and distributed effectively across the Union, while allowing Member States to establish and maintain national stocks.

(10o) To ensure that European contingency critical raw materials stocks are targeted at the most relevant supply risks, the Centre should establish a stockpiling strategy based on an assessment of supply risks, industrial demand, available capacity, market conditions and the technical and economic characteristics of the materials concerned. The strategy should take account of existing national stock and existing private-sector stockpiling capabilities and encourage environmental and socially responsible sourcing and diversification, while avoiding unnecessary market distortions. It should be reviewed where significant changes in market, technological or geopolitical conditions affect the Union’s security of supply.

(10p) To ensure effective management and accessibility of European contingency critical raw materials stocks, the Centre should establish and operate storage facilities in the Union, taking into account geographical distribution, proximity to relevant industrial users, logistical accessibility, security and the technical requirements of the materials concerned. Access to such stocks should be available to Union undertakings on fair and proportionate terms, while ensuring appropriate safeguards for the security, confidentiality and effective management of the system.

(10q) Cooperation with closely integrated third countries could contribute to the effectiveness of European contingency critical raw materials stocks and to the security of supply of the Union. Access by undertakings established in such countries should therefore be possible where provided for by the relevant association agreements and subject to appropriate conditions, including reciprocity and financial contributions, while ensuring that such access is consistent with the economic and security interests of the Union.

(10r) In order to enable the Union to prevent or respond effectively to significant supply disruptions or other situations threatening the security of supply of critical raw materials, the Centre should be able to release European contingency critical raw materials stocks rapidly and in a targeted manner, on the basis of objective and substantiated indicators and taking into account the needs of sectors and undertakings of particular importance for the Union’s security or strategic economic interests. Such releases should ensure non-discriminatory access, prevent abuse and preserve sufficient preparedness and replenishment capacity, while recipients should be required to use the materials for their own production activities and should not resell them outside the Union, hoard them or withhold them from use with a view to obtaining undue profit. Appropriate consequences should apply where those conditions are not respected, including exclusion from future releases and repayment of the value of the materials received.

(10s) Private stockpiles can complement Union and national contingency stocks and contribute to business continuity and the resilience of critical raw materials value chains. The Centre should therefore be able to support the establishment and maintenance of private stocks through appropriate financial instruments, grants and technical assistance, subject to conditions ensuring a clear contribution to the Union’s security of supply and appropriate public returns where public support is provided. Where appropriate, private stocks should also be able to benefit from available Union storage infrastructure without becoming part of the Union-owned stocks.

(10t) In order to strengthen the Union’s purchasing power and improve the security and diversification of supply of critical raw materials, the Centre should be able, at the request of participating undertakings, to facilitate joint purchasing and act as an agent in the negotiation and conclusion of purchasing agreements. Such agreements should remain voluntary, transparent and non-discriminatory and should, where appropriate, support diversification, reduce high-risk dependencies and contribute to the development of Union value chains, including through strategic projects, recycling and projects in Strategic Partnership countries.

(10u) In order to enable Member States to jointly address strategic raw materials supply needs that are of common interest, the Centre should, at the request of two or more Member States, be able to conduct procurement on their behalf or in their name. Such procurement should contribute to the security and diversification of the Union’s supply and, where possible, draw on Strategic Projects and other projects contributing to Union supply security. Participation should remain open to all Member States, while ensuring that such procurement is necessary and proportionate and does not result in unjustified discrimination, restrictions on trade or distortions of competition.

(10v) In order to strengthen the Union’s security, resilience and diversification of supply of critical raw materials, the Centre should be able to provide targeted financial support across the critical raw materials value chain, including for exploration, extraction, processing, refining, manufacturing, recycling, substitution, secondary raw materials, technology transfer and industrial scale-up, as well as for Strategic Projects and relevant Important Projects of Common European Interest. Such support should be provided through a range of appropriate financial instruments capable of addressing different stages and risk profiles of projects and should, where appropriate, mobilise private co-investment and combine Union financing with industrial and commercial expertise. Support for activities outside the Union should be possible where it contributes to the Union’s security of supply and complements the development of Union capacities. To ensure that Union financial support delivers tangible benefits for the Union, appropriate supply-security conditions should be attached to such support. In exceptional circumstances, the Centre should also be able to intervene through equity or quasi-equity participation where necessary to safeguard the Union’s security of supply. Such support should be guided by a transparent investment policy and appropriate financial risk-management framework, including eligibility and selection criteria, exposure and concentration limits.

(10w) In order to strengthen the functioning of the internal market by reducing the risks of supply disruptions, dependencies and bottlenecks in critical raw materials value chains, it is necessary to facilitate access to financing for projects of strategic importance to the Union’s critical raw materials supply. The scale, capital intensity and cross-border nature of such projects, together with the high risks and long investment horizons associated with certain stages of the critical raw materials value chain, may result in financing gaps and sub-optimal investment situations that cannot be adequately addressed by Member States acting individually. A Union-level financial instrument should therefore be established to mobilise and channel public and private capital towards projects and technologies that contribute to the security, resilience and sustainability of the Union’s critical raw materials supply chains. The European Critical Raw Materials Fund should complement existing Union and national financial instruments, avoid unnecessary duplication and, in accordance with Regulation (EU, Euratom) 2024/2509, pursue additionality and Union added value. The Fund should be implemented under indirect management by the European Critical Raw Materials Centre, within the framework and safeguards established by this Regulation, in order to make use of the Centre’s specialised technical, market and investment expertise. In accordance with the principle of proportionality, this Regulation does not go beyond what is necessary to achieve those objectives, and the establishment and implementation of the European Critical Raw Materials Fund is limited to providing targeted Union-level financing and mobilising additional investment in accordance with the objectives, safeguards and conditions laid down in this Regulation.

(10x) In order to increase the scale and effectiveness of financing available for critical raw materials projects, the Centre should cooperate with the European Investment Bank Group to mobilise co-financing, blended finance, guarantees and technical assistance for projects contributing to the objectives of this Regulation and, where relevant, supported by the ECRM Fund. The European Investment Bank Group should be able, where appropriate, to participate in the ECRM Fund as an investor and to be entrusted with the implementation of specific financial instruments or operations supported by the ECRM Fund or by other Union financial instruments, in accordance with Regulation (EU, Euratom) 2024/2509 and the applicable contribution, financing or guarantee agreements. Such cooperation should complement the role of the Centre as the entity entrusted with the implementation of the ECRM Fund and should avoid duplication of Union support. The Centre should also be able to cooperate with national promotional banks and institutions and with multilateral development banks to mobilise additional financing, including through co-financing, guarantees, blended finance and technical assistance, where such cooperation contributes to the Union’s security of supply, diversification, resilience and responsible sourcing objectives.

(10y) Since the Union’s security of supply of critical raw materials depends on resilient and diversified international value chains as well as on the development of capacities within the Union, the Centre should coordinate with the Commission services responsible for the Global Gateway strategy, the European Fund for Sustainable Development Plus, Global Europe and other relevant Union external financing instruments. Such coordination should ensure coherence between support provided under this Regulation and Union-supported projects in third countries and should enable the Centre to provide technical input on short-term supply arrangements with Strategic Partnership countries, including, where appropriate, arrangements concerning the prior notification of prospective export restrictions. Such cooperation should support the Union’s supply diversification objectives and contribute to reliable and resilient raw materials value chains, without affecting the legal bases, decision-making procedures or governance arrangements applicable to the Union external financing instruments concerned.

(10z) In order to strengthen the Union’s ability to monitor, anticipate and respond to risks affecting the security and resilience of critical raw materials supply chains, the Centre should establish an Intelligence Hub bringing together and analysing relevant information and data on critical raw materials markets and value chains. The Hub should support early-warning activities, resilience planning, joint purchasing, stockpiling, financial support and other measures under this Chapter, while ensuring appropriate safeguards for commercially sensitive and security-relevant information and a functional separation between intelligence activities and operational or financial decision-making. The Centre should make use of existing Union and national sources of expertise and infrastructure, including the Joint Research Centre Raw Materials Information System, national raw materials observatories, geological services and Eurostat, and should cooperate, where appropriate, with Strategic Partnership countries and multilateral platforms. In order to improve market transparency, the Centre should also support the development of reliable and market-driven price indices based on robust and, where appropriate, anonymised market data.

(10za) In order to strengthen the Union’s preparedness for disruptions affecting the supply of critical raw materials, the Centre should facilitate regular exercises and stress-testing involving Member States’ authorities and other relevant stakeholders and bodies. Such exercises should help assess the effectiveness of existing crisis preparedness arrangements, identify potential weaknesses and improve coordination and the capacity to respond effectively to supply disruptions.

(10zb) In order to ensure the timely determination of the seat of the Agency and to facilitate its effective establishment and functioning, the Commission should, by 31 December 2026, present a legislative proposal on the selection of the seat of the Agency,

Change #4 Substance

Inserts a new Chapter 8a establishing the European Critical Raw Materials Centre, its objectives, tasks, governance, contingency stocks, purchasing, investment pillar, intelligence hub and final provisions.

(6) the following Chapter is inserted after Chapter 8:

‘CHAPTER 8a The European Critical Raw Materials Centre

SECTION 1 General Provisions and governance

Article 43a Establishment and legal status

1. The European Critical Raw Materials Centre (the ‘Centre’) is hereby established as a Union body with legal personality, for an unlimited period.

2. In each Member State, the Centre shall enjoy the most extensive legal capacity accorded to legal persons under national law. It may, in particular, acquire or dispose of movable and immovable property, conclude contracts and be a party to legal proceedings.

3. The Centre shall act in the Union interest and within the mandate conferred on it by this Chapter. It shall have the operational autonomy necessary to carry out its tasks effectively, while remaining subject to the governance, oversight and reporting obligations laid down in this Regulation.

4. The Commission shall ensure that the Centre is provided with the adequate financial, technical, information technology (IT) and human resources necessary to fulfil the tasks under this Chapter.

Article 43b Objectives

1. The Centre shall contribute to the objectives laid out in Article 1 of this Regulation. It shall also strengthen the Union’s operational capacity to prevent, prepare for and respond to critical raw materials supply risks, and support the development of resilient and competitive Union critical raw materials value chains, including by mobilising investment and facilitating market-based instruments.

2. The Centre shall act as a strategic, public-interest body of the Union. The Centre shall prioritise its activities in relation to supply chains according to their contribution to the Union interest and their exposure to supply disruption risks. Its activities shall support the development of resilient and competitive Union critical raw materials value chains. Joint purchasing and stockpiling shall complement, rather than substitute for, diversification, investment, exploration, extraction, processing, refining and recycling capacities, material substitution and the development of reliable supply chains.

3. In carrying out its tasks, the Centre shall take into account material-specific supply risks, Union industrial demand and its technical, market and value-chain assessments.

4. In promoting resilient and diversified Critical Raw Materials supply chains, the Centre shall aim to contribute to free, fair and transparent markets for Critical Raw Materials. It shall support transparent price formation, market monitoring, and market-based price indices. Stabilising instruments may be used where necessary to address a material risk to the Union's security of supply, excessive dependencies or to protect strategic Union production capacity, on the basis of objective and verifiable criteria and subject to the principles of necessity and proportionality.

5. The Centre shall ensure that its activities under this Chapter contributes to the Union interest, the competitiveness and resilience of the Union industry as well as sustainable and responsible sourcing, social and environmental standards, transparency, non-discrimination. In carrying out its activities, the Centre shall take into account, where relevant, environmental and social considerations, transparency and the interests of affected communities such as indigenous peoples, while avoiding unnecessary administrative burdens. Particular attention shall be given to SMEs, small mid-caps and scale-ups.

Article 43c Tasks

In order to achieve its objectives, the Centre shall carry out the following tasks:

(a) operating joint purchasing and, where relevant, common interest procurement mechanisms in accordance with this Chapter;

(b) establishing and managing targeted strategic and contingency stockpiling mechanisms, and supporting private stockpiling where this contributes to Union resilience;

(c) supporting offtake, demand aggregation and the matching of supply and demand, in particular in relation with projects recognised as strategic projects on the basis of this Regulation;

(d) identifying material-specific supply chain vulnerabilities, strategic capability gaps and bottlenecks across critical raw materials supply chains;

(e) preparing and updating material-specific value-chain resilience plans in accordance with Article 43q;

(f) facilitating cooperation and connections between upstream producers, midstream processors and recyclers, and downstream users across the raw materials value chain, in order to support the matching of supply and demand;

(g) supporting projects related to exploration, extraction, processing and refining, separation, manufacturing, recycling, secondary raw materials, substitution, technology transfer and industrial scale-up, including Strategic Projects and relevant Important Projects of Common European Interest, and facilitating their implementation by linking them to offtake, demand aggregation, joint purchasing, stockpiling or financial support instruments under this Chapter;

(h) mobilising public and private finance, including in cooperation with the European Investment Bank Group, national promotional banks and institutions, and other Union financial institutions, to leverage additional investment in critical raw materials projects, prioritising the development of Union extraction, processing, and recycling capacities;

(i) supporting circularity, recycling, secondary raw materials, material efficiency and substitution as tools contributing to the Union critical raw materials security;

(j) facilitating technology transfer, licensing and industrial know-how, including support for the transition from research to industrial scale-up, without duplicating existing research programmes;

(k) coordinating, where relevant, with Union research and innovation programmes, the European Innovation Council, the Joint Research Centre, the Innovation Fund and other relevant Union, national or regional initiatives, as well as relevant Union industrial alliances, on priorities related to critical raw materials;

(l) supporting initiatives that address skills shortages in the Critical Raw Materials sector in cooperation with the Commission and the Member States;

(m) providing strategic intelligence, market monitoring, early-warning indicators and risk analysis to the Commission, Member States, the Governing Board, the European Parliament and, where appropriate, Union undertakings, including for the purposes of monitoring, stress-testing and company risk-preparedness activities under this Regulation;

(n) coordinating, where relevant, with the Regulation [(2025/0227COD)] (Global Europe), and with the Union’s external financing instruments, including the Global Gateway strategy and the European Fund for Sustainable Development Plus, and with existing Strategic Partnerships on raw materials, in order to align investments in third countries with the Union’s supply diversification objectives and complement the development of Union extraction, processing, refining and recycling capacities;

(o) assessing Strategic Projects in accordance with Article 7 of this Regulation;

(p) developing and providing best practices on socially and environmentally sustainable sourcing in the context of stockpiling and selecting strategic projects;

(q) identifying, in the course of its activities, barriers and bottlenecks, including those of a regulatory or administrative nature both at national and European level, or inconsistencies that may hinder investment in critical raw materials value chains, and reporting relevant findings to the Commission and the Governing Board;

(r) supporting, where relevant and upon request, the exchange of best practices between Member States on administrative authorisation procedures for critical raw materials projects, without prejudice to the responsibilities of competent authorities under this Regulation.

Article 43d Headquarters agreement and operating conditions

1. The necessary arrangements concerning the accommodation to be provided for the Centre in the host Member State, together with the specific rules applicable in the host Member State to the Executive Director, members of the Governing Board, staff and members of their families, shall be laid down in a Headquarters agreement between the Centre and the Member State where the seat is located.

2. The location of the seat is determined by the European Parliament and the Council no later than 1 January 2028 in accordance with the ordinary legislative procedure, following a selection procedure launched by the Commission, which shall assess the applications submitted by the Member States, and based on objective criteria reflecting the specific nature and tasks of the Centre, including accessibility and international connectivity, proximity to relevant industrial and technological ecosystems, availability of specialised technical and scientific expertise, connectivity with critical raw materials supply chains and logistics infrastructure, and the capacity to ensure the rapid operationalisation of the Centre.

3. The Centre’s host Member State shall provide the best possible conditions to ensure the smooth and efficient functioning of the Centre, including premises suitable for the operational needs of the Centre, multilingual, European-oriented schooling and appropriate transport connections.

Article 43e Commencement of the Centre’s activities

The Commission shall be responsible for the establishment and initial operation of the Centre until the Centre has the operational capacity to implement its own budget.

For that purpose:

(a) until the Executive Director takes up his or her duties following his or her appointment by the Governing Board in accordance with Article 43h(1)(g), the Commission may designate a Commission official to act as interim Executive Director and exercise the duties assigned to the Executive Director;

(b) by way of derogation from Article 43h (7) and until the adoption of a decision as referred to in Article 43h(1)(g), the interim Executive Director shall exercise the appointing authority power;

(c) the Commission may offer assistance to the Centre, in particular by seconding Commission officials to carry out the activities of the Centre under the responsibility of the interim Executive Director or the Executive Director;

(d) the interim Executive Director may authorise all payments covered by appropriations entered in the Centre’s budget after approval by the Governing Board and may conclude contracts, including staff contracts, following the adoption of the Centre’s establishment plan.

Article 43f Administrative and management structure

1. The Centre’s administrative and management structure shall comprise:

(a) a Governing Board;

(b) an Executive Director and a Deputy Executive Director.

2. The Governing Board, the Executive Director and the Deputy Executive Director shall cooperate to ensure the operation of the Centre and coordination in accordance with the procedures determined by the Centre’s internal rules, the financial rules applicable to the Centre, the implementing rules of the Staff Regulations of Officials of the European Union (‘Staff Regulations’) and the rules governing access to documents.

Article 43g Composition of the Governing Board

1. The Governing Board shall be composed of one representative from each Member State with voting rights, four representatives of the Commission, holding two voting rights. The Governing Board shall also include one member designated by the European Parliament, with no voting rights. All parties shall aim to achieve a balanced representation between men and women in the Governing Board.

2. Each member of the Governing Board shall have an alternate member. The alternate member shall represent the member in their absence.

3. Where appropriate, the Chairperson may invite representatives of industry, especially SMEs, civil society, academia, trade unions, local or regional authorities, third countries, OCTs, as well as of the European Defence Agency, the European Chemical Agency, the European Environmental Agency and the European External Action Service to attend meetings of the Governing Board or its standing or temporary working groups referred to in Article 43h as observers or to provide written contributions. Such invitations shall be subject to applicable confidentiality and security requirements. Observers shall not participate in the formulation of advice of the Governing Board and its working groups.

4. The Governing Board shall elect a Chairperson and a Deputy Chairperson, by a majority of two thirds of its members with voting rights. The Deputy Chairperson shall automatically replace the Chairperson if they are prevented from attending to their duties.

5. The term of office of the Chairperson and of the Deputy Chairperson shall be two years and shall be renewable once. Each term of office shall end when that person ceases to be a member of the Governing Board.

6. A majority of two thirds of the Governing Board’s voting members shall be required for the dismissal of the Chairperson and the Deputy Chairperson.

7. The Centre shall coordinate the work of the Governing Board by means of an executive secretariat that provides technical and logistical support.

8. The Centre and the Governing Board shall cooperate with the Critical Raw Materials Board and make appropriate use of its expertise in areas falling within its responsibilities under this Regulation, while avoiding duplication of tasks and without prejudice to the respective responsibilities of the Critical Raw Materials Board, the Governing Board and the Executive Director. The subgroups of the Critical Raw Materials Board carrying out tasks transferred to the Governing Board shall, where appropriate, transfer their work to the relevant working groups of the Governing Board.

Article 43h Tasks of the Governing Board

1. The Governing Board shall be responsible for providing strategic direction, governance and oversight of the Centre’s work programme, in particular it shall:

(a) adopt, by a majority of two-thirds of members with the right to vote, the Centre’s work programme for the following year taking into account the Commission’s opinion;

(b) adopt, by a majority of two-thirds of members with the right to vote, the multiannual work programme of the Centre taking into account the Commission’s opinion;

(c) adopt, by a majority of two-thirds of members with the right to vote, the annual budget of the Centre;

(d) adopt any substantial amendment to the multiannual and annual work programmes in accordance with the same procedure as the initial annual work programme.

(e) adopt its rules of procedure;

(f) exercise, with respect to the staff of the Centre, the appointing authority powers;

(g) appoint and, where relevant, extend the term of office of the Executive Director and Deputy Executive Director or remove him or her from office;

(h) appoint an Accounting Officer, subject to the Staff Regulations and the Conditions of Employment, who shall be fully independent in the performance of his or her duties;

(i) adopt the Centre’s general risk-management framework and policies on conflicts of interest, transparency, confidentiality and the protection of commercially sensitive information.

2. The Governing Board shall carry out the tasks assigned to it under this Regulation, in particular it shall:

(a) adopt the general framework, annual priorities, eligibility criteria and risk parameters applicable to the execution of the offtake agreement system pursuant to Article 17, and the joint purchasing system pursuant to Article 25;

(b) adopt the stockpiling strategy, including strategic priorities, target reserve levels, eligibility criteria, annual financial envelopes, risk limits and the general conditions governing the acquisition, release and reallocation of strategic stocks and monitor its implementation, oversee the activities of the EUCRMS facilities and adopt the biannual EURCRMS facilities’ plans;

(c) adopt the strategic orientations for the material-specific value-chain resilience plans;

(d) adopt the Centre’s investment policy and financial risk-management framework, including investment priorities, eligibility and selection criteria, annual and multiannual financial envelopes, maximum financial exposures, concentration limits, the types of financial instruments that may be used and, upon the proposal of the Executive Director, the thresholds above which individual financing or investment operations shall require the approval of the Governing Board;(e) approve individual financing or investment operations where the thresholds referred to in point (d) are exceeded;

(f) approve equity acquisitions where required pursuant to Article 43z(8).

3. For the sake of efficient implementation of the tasks referred to in paragraph 2, the Governing Board may set up working groups composed of a limited number of members of which one represents the Commission, to which it may delegate some of its tasks, and shall adopt their rules of procedure, in particular:

(a) CRM intelligence, monitoring and stress testing;

(b) financing and investment in critical raw material activities;

(c) joint purchasing and common interest procurement;

(d) stockpiling;

(e) circularity, resource efficiency and substitution of critical raw materials;

(f) exploration and geological knowledge;

(g) extraction and processing of critical raw materials.

4. The Governing Board may set up a steering group to facilitate its decision-making and crisis response capacity.

5. The Governing Board shall seek to reach its decisions by consensus. If consensus cannot be reached, the Governing Board shall take decisions by a majority of members with the right to vote, unless specified otherwise in this Regulation.

6. The Governing Board shall meet at regular intervals in order to allow the effective performance of its tasks provided for in this Regulation. Where necessary, the Governing Board shall meet on the basis of a reasoned request by the Commission, a Member State or the Executive Director.

7. With respect to the powers referred to in paragraph 1, point (f) of this Article, the Governing Board shall adopt, in accordance with Article 110(2) of the Staff Regulations, a decision based on Article 2(1) of the Staff Regulations and Article 6 of the Conditions of Employment of Other Servants, delegating relevant appointing authority powers to the Executive Director. The Executive Director shall be authorised to sub-delegate those powers.

8. Where exceptional circumstances so require, the Governing Board may, by way of decision, temporarily suspend the delegation of the appointing authority powers to the Executive Director and those sub-delegated by the Executive Director and exercise them itself or delegate them to one of its members or to a staff member other than the Executive Director.

9. The Governing Board shall take the necessary measures to ensure the safe handling and processing of confidential and commercially sensitive information in accordance with Article 43p.

Article 43i The Executive Director and Deputy Executive Director of the Centre

1. The Executive Director shall be the Centre’s legal representative and shall be responsible for its day-to-day management. If the Executive Director is absent or indisposed, or the post is vacant, the Deputy Executive Director shall replace them.

2. The Executive Director and the Deputy Executive Director shall be appointed by the Governing Board on grounds of merit ,relevant competence and experience, and management skills, including substantial professional experience in fields relevant to critical raw materials, and by means of a decision adopted by a two-thirds majority of its members, from a list of at least three candidates for both the Executive Director and Deputy Executive Director proposed by the Commission, following an open and transparent selection procedures, for a term of five years, and shall be renewable once by decision of the Governing Board.

3. At least six months before the end of the term of office of the Executive Director and Deputy Executive Director, the Commission shall propose either for renewal or a new suitably qualified candidate according to rules and procedures described in paragraph 2 of this Article to the post of Executive Director and Deputy Executive Director.

4. The Governing Board may dismiss the Executive Director and the Deputy Executive Director, on the basis of a proposal by the Commission or of one third of its members, by means of a decision adopted by a two-thirds majority of its members.

5. The Executive Director and the Deputy Executive Director shall perform their duties in the interest of the Union and independently of any specific interest. Without prejudice to the powers of the Governing Board, they shall neither seek nor take instructions from any Union institution, body, office or agency, from any government, nor from any other public or private body.

Article 43j Responsibilities of the Executive Director

1. The Executive Director shall be accountable to the Governing Board, and shall aim to ensure gender balance within the Centre.

2. The Executive Director shall submit an annual report to the European Parliament and the Council, on the Centre’s activities, including the use of Union funds and progress towards its objectives. The report shall be made public, and shall not contain information protected under Article 43(p). The European Parliament and the Council may call upon the Executive Director for an exchange of views on the work and prospects of the Centre. At least one such exchange shall take place per multiannual work programme. The Centre shall reply orally or in writing to questions put to it by the European Parliament within five weeks of the receipt.

3. Upon request, the Executive Director shall hold confidential oral discussions behind closed doors with the competent committees of the European Parliament, where such discussions are required for the exercise of the European Parliament’s powers under the Treaties. All participants shall respect the requirements of professional secrecy.

4. The Executive Director shall be responsible for the implementation of the tasks assigned to the Centre by this Regulation, in particular it shall:

(a) prepare the work of the Governing Board and participate, without having the right to vote, in the work of the Governing Board, and implement the decisions of the Governing Board;

(b) prepare the annual and multiannual work programmes of the Centre and submit them to the Governing Board for approval, and implement the annual and multiannual work programmes;

(i) the annual work programme shall set out detailed objectives and expected results including performance indicators. It shall also contain a description of the actions to be financed, and an indication of the financial and human resources allocated to each action. It shall clearly indicate tasks that have been added, changed or deleted in comparison with the previous financial year;

(ii) the multiannual work programme shall set out the overall strategic programming including objectives, expected results and performance indicators. It shall also show, for each activity, the indicative financial and human resources considered necessary to attain the objectives set;

(c) handle the day-to-day administration of the Centre and take all necessary measures to ensure the functioning of the Centre in accordance with this Regulation, including the adoption of internal administrative instructions on conflicts of interest, transparency and confidentiality, staff, experts, advisory structures and contractors, and the publication of notices;

(d) draw up a draft statement of estimates of revenue and expenditure for the Centre and implement its budget;

(e) determine the organisational structures of the Centre and submit them to the Governing Board for approval.

5. The Executive Director shall be responsible for the implementation of the Centre’s mandate within the annual and multiannual work programmes, budgetary envelopes, strategies, eligibility criteria, risk-management framework, financial limits and other parameters adopted by the Governing Board. In particular, the Executive Director shall be responsible for:

(a) taking decisions on individual purchases, including their timing, volume and contractual terms;

(b) selecting suppliers, counterparties and service providers in accordance with applicable Union law;

(c) taking decisions concerning the acquisition, release and reallocation of strategic stocks within the stockpiling strategy adopted by the Governing Board;

(d) taking individual financing and investment decisions falling below the thresholds established by the Governing Board;

(e) submitting to the Governing Board for approval individual financing or investment operations exceeding the thresholds or falling within the categories reserved to the Governing Board pursuant to this Regulation;

(f) following any approval required pursuant to point (e), negotiate, conclude and implement the relevant financing or investment operation;

(g) negotiating and concluding offtake agreements and other contractual arrangements falling within the mandate of the Centre, implementing joint purchasing and common-interest procurement activities.

Article 43k Annual and multiannual programming

1. By 30 November of each year, the Governing Board shall adopt a single programming document containing an annual and multiannual work programme, based on a draft put forward by the Executive Director, taking into account the opinion of the Commission and after consulting the European Parliament. The Governing Board shall forward the single programming document to the European Parliament, the Council and the Commission.

2. The single programming document shall become final after the final adoption of the general budget and shall, if necessary, be adjusted accordingly.

3. The annual work programme shall set out detailed objectives and expected results including performance indicators. It shall also contain a description of the actions to be financed, and an indication of the financial and human resources allocated to each action. It shall clearly indicate tasks that have been added, changed or deleted in comparison with the previous financial year. The annual work programme shall be coherent with the multiannual work programme.

4. The Governing Board shall amend the adopted annual work programme when a new task is given to the Centre.

5. Any substantial amendment to the annual work programme shall be adopted by the same procedure as the initial annual work programme. The Governing Board may delegate the power to make non-substantial amendments to the annual work programme to the Executive Director.

6. The multiannual work programme shall set out the overall strategic programming including objectives, expected results and performance indicators. It shall also show, for each activity, the indicative financial and human resources considered necessary to attain the objectives set. The multiannual work programme shall be updated where appropriate.

Article 43l Critical Raw Materials Forum

1. A Critical Raw Materials Forum (“the Forum”) shall be established to facilitate dialogue, cooperation and the exchange of expertise among stakeholders concerned by critical raw materials and to support the implementation of this Regulation and the activities of the Centre.

2. The Forum shall provide a platform for dialogue and exchange of views on matters relevant to critical raw materials, including, where appropriate, matters relating to the resilience, competitiveness and sustainability of the critical raw materials value chain, research and innovation, circularity, skills, investment and social and environmental considerations.

3. The Forum may provide views, advice and recommendations to the Governing Board, at its request or on its own initiative, on matters falling within its mandate. It may also identify emerging issues, exchange information and good practices, and facilitate cooperation among relevant stakeholders.

4. The Forum shall bring together a broad range of stakeholders with relevant expertise and experience in areas covered by this Regulation, including representatives of industry and other economic operators, including upstream, midstream and downstream actors, research and academic institutions, social partners, environmental and civil society organisations, local and regional authorities, representatives of Indigenous Peoples and other relevant stakeholders. The Centre shall aim to ensure an appropriate gender and geographical balance. Particular attention shall be given to the participation of SMEs, innovative companies and stakeholders from regions or communities particularly concerned by critical raw materials activities.

5. The Centre shall ensure necessary arrangements to facilitate the effective participation of all relevant stakeholders into the work of the Forum.

6. The Forum may organise itself into subgroups on a thematic basis. They shall be chaired by a representative of the Centre. Participation to the subgroups shall be open, unless the Executive Director decides that participation should be limited on the grounds of protection of confidential information.

7. For specific activities, the Centre may propose to form ad hoc subgroups. These shall have a specific mandate, composition and limited duration and shall cease to exist once that mandate has been completed.

8. The Centre may invite external participants to the Forum’s activities where relevant.

9. Upon a decision of the executive director, the Centre may provide the Forum with appropriate information for the performance of its advisory functions. Such information shall not include commercially sensitive, security-relevant or confidential information.

10. The Forum shall be chaired by the Executive Director or by a representative designated by the Executive Director. The Executive Director shall ensure that the Forum's activities facilitate an open dialogue among stakeholders across the critical raw materials value chain and that the outcomes of this dialogue are reflected in the recommendations of the Governing Board.

11. The Centre shall provide the secretariat for the Forum and support its activities.

12. Participants in the Forum and participants invited to contribute to the Centre’s work shall comply with applicable Union rules on conflicts of interest, confidentiality, security and the protection of commercially sensitive information. Participants in the Forum shall declare any or potential conflict of interest before taking part in the activities of the Forum.

13. The Forum shall have exclusively advisory functions. Their opinions, advice and recommendations shall be non-binding and shall be without prejudice to the powers and responsibilities of the Governing Board and the Executive Director.

14. The Centre may make public summaries of consultations carried out through the Forum, subject to applicable Union rules on confidentiality and the protection of commercially sensitive information.

Article 43m Establishment of the budget

1. Each year, the Executive Director shall draw up a provisional draft estimate of the Centre’s revenue and expenditure for the following financial year, including the establishment plan, and send it to the Governing Board.

2. The provisional draft estimate shall be based on the objectives and expected results of the annual programme and shall take into account the financial resources necessary to achieve those objectives and expected results, in accordance with the principle of performance-based budgeting.

3. The Governing Board shall, on the basis of the provisional draft estimate, adopt a draft estimate of the Centre’s revenue and expenditure for the following financial year, and shall send it to the Commission by 31 January each year.

4. The Commission shall send the draft estimate to the budgetary authority together with the draft general budget of the Union. The draft estimate shall also be made available to the Centre.

5. On the basis of the draft estimate, the Commission shall enter in the draft general budget of the Union the estimates that it considers necessary for the establishment plan and the amount of the contribution to be charged to the general budget, which it shall place before the budgetary authority in accordance with Articles 313 and 314 TFEU.

6. The budgetary authority shall authorise the appropriations for the contribution from the general budget of the Union to the Centre.

7. The budgetary authority shall adopt the Centre’s establishment plan.

8. The Governing Board shall adopt the Centre’s budget. It shall become final following the final adoption of the general budget of the Union and, if necessary, it shall be adjusted accordingly.

9. For any building project likely to have significant implications for the budget of the Centre, Commission Delegated Regulation (EU) No 2019/715 shall apply.

Article 43n Structure of the budget

1. Estimates of all revenue and expenditure of the Centre shall be prepared each financial year and shall be shown in the Centre’s budget. The financial year shall correspond to the calendar year.

2. The Centre’s budget shall be balanced in terms of revenue and of expenditure.

3. Without prejudice to other resources and dues, the revenue of the Centre shall comprise:

(a) a Union contribution entered in the general budget of the Union;

(b) any voluntary financial contribution from the Member States;

(c) any contribution from third countries participating in the work of the Centre, as provided for in Article 43ea;

(d) charges for any service provided by the Centre.

4. The expenditure of the Centre shall include staff remuneration, administrative and infrastructure expenditure, and the contracts and agreements concluded by the Centre in order to accomplish the tasks entrusted to it.

Article 43o Implementation of the budget

1. The Executive Director shall implement the Centre’s budget.

2. Each year the Executive Director shall send to the budgetary authority all information relevant to the findings of evaluation procedures.

Article 43p Security and confidentiality

1. At all times, the Centre shall ensure the appropriate level of secrecy and confidentiality of any activity and operation carried out, and data collected, in accordance with this Chapter.

2. The Commission shall adopt security rules, for the Centre, based on the security principles contained in the Commission’s security rules for protecting sensitive non-classified information and EUCI, as set out in Decisions (EU, Euratom) 2015/443 and (EU, Euratom) 2015/444. The Centre’s security rules shall include provisions for the exchange, processing and storage of such information.

3. The Centre shall ensure the protection of commercially sensitive, market-sensitive and security-relevant information, including information concerning ownership, control, offtake, pricing, stocks, processing capacity, strategic dependencies and supply-chain vulnerabilities.

Article 43q Material-specific value-chain resilience plans

1. The Centre shall, prepare in consultation with the Governing Board material-specific value-chain resilience plans (“the plans”) for the most strategically exposed critical raw materials, taking into account different processing stages and end applications.

2. The plans shall identify the relevant value-chain bottlenecks, Union dependencies, high-risk supply-chain exposures, industrial demand, available Union and partner-country capacity, market developments, supply lead times and propose appropriate tools to strengthen resilience of the Union.

3. The plans shall distinguish, where relevant, between measures addressing upstream exploration and extraction support, midstream processing, refining or separation capacity, industrial-scale technology transfer, long-term offtake support, recycling and substitution, strategic stockpiling or emergency response capacity.

4. For materials with monopoly or quasi-monopoly exposure, the plans shall include, in accordance with Article 5, indicative diversification targets for reliable, responsible and diversified supply, processing or refining capacity, taking into account the availability of technically and economically viable alternative sources. The plans shall also identify, where relevant, appropriate levels of strategic stockpiling or other emergency response capacity, taking into account the specific characteristic of the material, its value chain and the potential risks of supply disruption.

5. The plans shall take into account the relevant material or product form, including raw materials, processed materials, intermediate products, components and secondary raw materials, as well as the potential for recycling, substitution and material-efficiency across the value chain.

6. The plans shall guide the Centre’s activities on joint purchasing, offtake and demand aggregation, strategic and contingency stockpiling, private stockpiling, financial support and strategic intelligence, in accordance with the governance and the relevant provisions of this Regulation.

7. Before adopting the plans, the Centre shall consult the Forum, in accordance with the provisions laid down in Article 43l.

8. The Centre shall review the plans to ensure consistency with the evolution of the lists of strategic and critical raw materials, and where market conditions, technological developments, geopolitical risks or newly identified vulnerabilities so require.

9. The Centre shall make available aggregated or summary findings of the plans to relevant Union undertakings, including undertakings subject to Article 24, where this supports their risk assessments and risk-preparedness measures. Such findings shall not disclose information protected under Article 43p or information that could reveal specific Union supply-chain vulnerabilities, individual facilities, suppliers or projects.

SECTION 2 European contingency stocks

Article 43r General principles for strategic and contingency stocks

1. The European contingency critical raw materials stocks (‘EUCRMS’) shall be the property of the Union and covered by Article 1 of Protocol N°7 on the privileges and immunities of the European Union.

2. Member States shall be prohibited, and refrain from taking any measure hindering the transfer, use, release and distribution of the EUCRMS held within their territory or that circulate on their territory.

3. Strategic and contingency stocks shall be used as targeted supply-security tools. They shall not substitute diversification, investment, exploration, extraction, processing, refining and recycling capacities, material substitution and the development of reliable supply chains.

4. Member States shall not be prevented from establishing, maintaining or managing national strategic or contingency stocks in accordance with Union law.

Article 43s

Acquisition and levels of the EUCRMS

1. The Centre shall be in charge of the acquisition of the critical raw materials to be stockpiled in EUCRMS.

2. Stocks and operational protocols developed under the Union's CRM stockpiling pilot project shall be integrated into the EUCRMS upon the Centre becoming operational.

3. The Centre, after approval from the Governing Board, shall establish and adopt a plan over a period of 2 years for the levels of targeted critical raw materials to be stocked.

4. Where market conditions, industrial demand, technological developments or geopolitical risks materially change, the Centre may propose adaptations to the plan. Material changes to the strategic priorities or target levels shall be subject to approval by the Governing Board.

5. In determining the materials, forms, levels, timing of acquisition and rotation of the EUCRMS, the Centre shall take into account, leading practices in the private sector, with a view to making use of existing private-sector stockpiling capabilities, as well as existing approaches to risk management and supply chain resilience. The Centre shall encourage the contribution of private operators to meeting identified private and public stockpiling needs. The Centre shall consider, where relevant, supply risks, Union industrial demand, available processing or use capacity, technical suitability, storage requirements, market conditions, cost and the need to avoid unnecessary market distortion or adverse effects on well-functioning markets, in particular in materials with limited liquidity or a small number of active suppliers.

6. The plan shall specify, where appropriate, the material or product form and grade to be stocked, indicative target volumes, storage conditions and technical specifications required for the material's stability and safe storage, rotation needs, eligible users or sectors, release and replenishment principles, and links to offtake agreements, Strategic Projects, recycling capacity or trusted partner-country supply chains.

7. The plan shall provide guidance on which materials should be stockpiled privately. This shall be taken into account in the assessment of the company risk mitigation measures referred to in Article 24(4).

8. Where possible, Union-supported stocks shall contribute to diversification and responsible sourcing, including through Strategic Projects, projects supported under this Chapter, recycling or secondary raw materials capacities, or projects in Strategic Partnership countries that strengthen security of supply.

9. In situations referred to in Article 25(6a), point (b), the Centre may acquire critical or strategic raw materials beyond the levels set out in the long-term stockpiling plan, with a view to preventing the closure of Union-based extraction, processing or refining capacity, where this is necessary to protect the Union’s security of supply and subject to the safeguards laid down in this Chapter. The Governing Board shall be immediately informed and approve any action taken pursuant to this paragraph.

10. Member States shall, upon request of the Centre, provide data on the quantities and forms of critical raw materials used by companies whose data has not been shared pursuant to Article 24(5) of this Regulation, or by the Union-based suppliers of such companies, in order to enable the Centre to develop the stockpiling strategy, avoiding additional data collection or reporting for the undertakings. Any information provided pursuant to this paragraph shall be handled in accordance with the confidentiality and security requirements laid down in Article 43p. The Governing Board shall adopt the Centre’s stockpiling strategy.

11. The Centre may refrain from publishing or sharing any information that can compromise its ability to develop stockpiles, or reveal commercially sensitive information, individual company positions or strategic supply-chain vulnerabilities. In such cases, it shall inform the Governing Board of the justification.

Article 43t EUCRMS facilities

1. The Centre shall establish and operate the EUCRMS in facilities in the Union, in accordance with this Article.

2. After having consulted the Governing Board and in agreement with the Member State within which territory the EUCRMS will be located, the Centre may contract with either public or private service providers for the establishment, location and operation of the EUCRMS facilities in the Union territory. Only service providers established in the Union, that are owned or controlled by entities in the Union, EEA EFTA countries, the United Kingdom or Switzerland, shall participate to these contracts.

3. The location of the EUCRMS facilities shall be determined based on the following cumulative criteria:

(a) an adequate geographical distribution across the Union territory;

(b) geographical proximity and specific needs of critical raw materials of downstream Union-based economic operators;

(c) geographical accessibility to the possible location, including connectivity with major Union and international supply routes, and appropriate multimodal logistics, needed infrastructure and level of security;

(d) the technical capacity of the facility to meet the storage requirements of the material concerned.

4. Access to EUCRMS shall be open to all undertakings based in the Union, registered for this purpose. To this end, undertakings shall provide to the Centre any relevant information to allow the determination and anticipation of the needs of targeted critical raw materials, avoiding duplication with information already available to the Centre or provided under this Regulation in accordance with the confidentiality requirements laid down in Article 43p.

5. Registered undertakings based in countries that are members of the European Free Trade Association (EFTA) which are members of the European Economic Area (EEA), the United Kingdom or Switzerland may also access EUCRMS, if specified in the association agreement with their respective third country.

6. The Centre may, after an assessment and upon approval of the Governing Board, set up a contribution scheme taking into account the undertaking's declared stockpiling needs, and conferring on the undertaking a corresponding entitlement to access the EUCRMS in the event of a release pursuant to Article 43v. The scheme should be designed to ensure fair and proportionate access for undertakings of all sizes and take into account the prioritisation established under Article 43v).

7. Entities excluded from the system under Article 25 (6), shall also be excluded from participating to the mechanism referred to in paragraphs 2 and 4 of this Article.

Article 43u

Association agreements

1. The participation in the EUCRMS shall be open to the following third countries ('associated countries') through association:

(a) members of the EFTA which are members of the EEA, in accordance with the conditions laid down in the EEA Agreement;

(b) The United Kingdom and Switzerland in accordance with the conditions laid down in the relevant agreements concluded with the Union;

(c) other third countries, in accordance with an agreement concluded under Article 218 TFEU which meets the conditions set out in paragraph 2 of this Article.

2. The agreements referred to in paragraph 1 shall, where not already provided for:

(a) ensure a fair balance between the contributions of the associated country and the benefits its undertakings derive from access to EUCRMS;

(b) lay down the conditions of access, including the calculation of the associated country's financial contribution to the acquisition, storage, maintenance and release of the EUCRMS and to the administrative costs of the Centre, such contributions constituting assigned revenue within the meaning of Article 21(5) of Regulation (EU, Euratom) 2024/2509;

(c) confer no decision-making power on the associated country in respect of the Centre, the EUCRMS or the Governing Board; the associated country may be invited to attend Governing Board discussions concerning it as an observer;

(d) safeguard the Union's ability to ensure sound financial management and protect its economic, security and financial interests, including audit and investigation powers of the Court of Auditors and OLAF;

(e) provide, as far as possible, for reciprocal access of Union undertakings to equivalent stocks or release mechanisms of the associated country;

(f) set out the rules on how to apply Union restrictive measures, export controls and exclusion referred to in Article 25 and in Article 43t(7) to third countries as well as prohibit the re-export or resale outside the Union and the associated countries of critical raw materials released from the EUCRMS. require the associated country to apply Union restrictive measures and to implement export controls and exclusion rules equivalent to those referred to in Article 25 and in Article 43e(7);

(g) ensure a level of protection of secrecy and confidentiality of information equivalent to that provided under Article 43bp;

(h) prohibit the re-export or resale outside the Union and the associated countries of critical raw materials released from the EUCRMS;

(i) provide for suspension and termination, including in the cases referred to in paragraph 5.

3. Access under Article43v shall be limited to undertakings which are established in an associated country, are registered under Article 43t(5), are not excluded under Article 25, and are not owned or controlled by a non-associated third country or a non-associated third country entity.

4. Access by undertakings of associated countries shall not prejudice the supply of Union undertakings and shall not affect the ownership of the EUCRMS under Article 43r(1). In any release under Article 43v(2), the Centre shall, after consulting the Governing Board, set the maximum quantities available to undertakings of associated countries, having regard to the associated country's contribution and to the needs of Union undertakings, which shall be served first.

5. The association agreement shall provide for the possibility to suspend in whole or in part the access of undertakings of the associated country in case of breaches of the agreement, or where necessary to safeguard the public security of the Union or the national security of a Member State within the meaning of Article 4(2) TEU.

6. The association agreement shall require the consent of the Parliament pursuant to Article 218(6)(a) TFEU. Pursuant to Article 218 (10) TFEU, the Parliament shall be immediately and fully informed at all stages of the procedure.

7. The Centre may conclude administrative arrangements with the competent authorities of associated countries for the operational implementation of the agreements referred to in paragraph 1 of this Article. Such arrangements shall not create legal obligations for the Union and shall be subject to Article 43b.

Article 43v Release of the EUCRMS

1. The Centre shall have in place procedures to be able, when necessary, to release quickly and effectively some or all of the EUCRMS in the event of a particular situation as provided for in this Article.

2. After consultation of the Governing Board, the Centre may release some or all of the EUCRMS in one of the following situations:

(a) actual, predicted or potential supply disruption of critical raw materials, or a material risk thereof based on objective and substantiated indicators;

(b) response in case of particular urgency or crisis;

(c) deliberate market manipulations aimed at undermining EU undertakings impacting among others the price of the critical raw materials.

3. When releasing all or part of the EUCRMS, the Centre may reserve part of the quantity for specific sectors on the basis of economic security or Union's strategic interests or for SMEs and small midcaps.

4. The Centre shall, in consultation with the Governing Board, establish guidelines operationalising the conditions in paragraph 2 of this Article and outlining criteria for the application of paragraph 3 of this Article. The Centre shall undertake efforts to inform potentially affected companies of their content.

5. The Centre may decide to release some or all of the EUCRMS for stock rotation, adjustment of the quantities or quality control of the EUCRMS, provided that such release does not undermine the level of preparedness necessary to ensure Union security of supply. In such cases, the Centre shall inform the Governing Board.

6. In case of release pursuant to paragraphs 2 and 3, the Centre shall keep informed the Member State in which territory the EUCRMS facilities concerned are located and of transit.

7. Releases shall take into account the release conditions, eligible users, allocation method and replenishment principles set out in the stockpiling strategy.

8. The release and distribution of stockpiles shall not discriminate between undertakings established in the Union, except where it is deemed necessary and duly justified for a certain group of undertakings on a priority basis.

9. Undertakings may only buy materials from EUCRMS to prevent acute disruptions of their operations. The Centre shall ensure that contracts contain adequate anti-abuse provisions, including proportionate penalties, and where appropriate, exclusion from future releases and recovery of the value of the materials received.

Article 43w Incentives for private stocks

1. The Centre shall be able to provide support with financial instruments and grants to companies for maintaining private stocks. The Centre shall publish calls for projects specifying eligibility and evaluation criteria.

2. These instruments may be a blend of Union’s budget resources, voluntary Member States contributions and private capital. The Centre may also provide technical assistance related to storage, rotation, risk management and supply-chain resilience.

3. Support under paragraph 2 shall be conditional on a clear contribution of the company to Union security of supply, business continuity, circularity or the resilience of small and medium-sized enterprises, small mid-caps enterprises, scale-ups or strategic sectors. Where public support is provided, it shall be linked to appropriate public-return obligations, including access, reporting or repayment conditions.

4. Companies referred to in paragraph 1 of this Article may request the Centre's authorisation to store the raw materials stockpiled pursuant to this Article in the EUCRMS facilities referred to in Article 43t. Such storage shall be subject to the availability of capacity and to the conditions mutually agreed between the Centre and the company concerned. Raw materials stored pursuant to this paragraph shall remain the property of the company concerned and shall not form part of the EUCRMS referred to in Article 43rr (1).

SECTION 3 Purchase of strategic raw materials

Article 43x Advanced joint purchasing systems and offtake

1. From [OPC please add date of entry into force of this Regulation], the Centre shall operate the system referred to in Article 17 and in Article 25. That system shall also be used for the operations provided under this Article.

2. Upon request from undertakings participating to the system referred to in Article 25, the Centre may act as agent for the negotiation and the conclusion in their name of a purchasing agreement with one or more suppliers of critical raw materials, including on the price or other terms and conditions of the purchasing agreement.

3. Where the Centre acts as an agent as referred to in paragraph 2, it shall draw up a proposal of mandate agreement to be signed by the requesting undertakings.

Such mandate shall include in particular, the confidentiality aspects, the conditions, the respective rights and responsibilities of the Centre and the requesting undertakings, the quantity, the cost allocation and risk-bearing arrangements between the Centre and the requesting undertakings, the time frames for possible opt-in and opt-out and allocation between undertakings.

4. The Centre may, after bringing off-takers and suppliers together in accordance with Article 17 and upon request of the off-takers, facilitate a joint purchase agreement in accordance with this Article.

5. The Centre shall prioritise purchasing, offtake and demand aggregation arrangements that strengthen Union security of supply, support diversification, reduce high-risk dependencies, or are linked to Strategic Projects, projects supported under this Chapter, recycling capacity or Strategic Partnership country projects contributing to Union supply security.

6. The Centre shall ensure that joint purchasing operations are voluntary, transparent, non-discriminatory and aim at diversifying suppliers.

Article 43y Common interest procurements on behalf of Member States

1. By way of derogation from Article 168(3) of Regulation (EU, Euratom) 2024/2509, where 2 or more Member States request the Centre to procure on their behalf, or in their name, the Centre may initiate a procurement procedure under the conditions set out in this Article when the procurement relates to critical raw materials.

2. The procurement referred to in paragraph 1 shall have as objective to improve the security of supply of critical raw materials, strengthen resilient Union value chains and support diversification of supply of strategic raw materials originating from reliable third countries.

3. Procurements under this Article shall, where possible, draw primarily from Strategic Projects under this Regulation, projects financed by the European Critical Raw Materials Fund, and third-Strategic Partnership country projects contributing to Union diversification targets.

4. The participation in the procurement procedure shall be open to all Member States. The Centre shall inform all Member States of the request, through the Governing Board, and invite them to join the procurement.

5. The Centre shall assess the utility, necessity and proportionality of the request and whether the request is justified in light of the objectives referred to in paragraph 2. The Centre shall in particular verify whether the procurement could constitute discrimination or restriction to trade or a distortion to competition.

6. The Centre shall inform the interested Member States within one month of the request of its decision and state its reasons in case of a refusal.

If in light of the Centre assessment, it is necessary to conduct the procurement as exclusive for the Member States or to agree to minimum binding quantities, the Centre agreement to pursue the procedure may be conditioned upon acceptance of these conditions by interested Member States.

7. Except for the derogations provided for in this Regulation, the procurement referred to in this Article shall be carried out in accordance with Article 168(3) of Regulation (EU, Euratom) 2024/2509.

8. The Centre shall make the choice of the procurement procedure, in accordance with Article 167 and Annex I of Regulation (EU, Euratom) 2024/2509, that ensures the appropriate level of secrecy and protection of Union and national interests.

SECTION 4 Investment pillar

Article 43z Financial support

1. The Commission shall entrust the Centre with the implementation of the budget referred to in Article 4(2)(e) of Regulation [2025/0555 (COD)] (European Competitiveness Fund), in accordance with Article 42(2) of that Regulation for the implementation of the tasks referred to in that Article. That budget shall not be used to cover ordinary operational costs of the Centre.

2. The Centre may support activities related to the exploration, extraction, processing and refining, manufacturing, recycling and substitution of critical raw materials, including separation, secondary raw materials, technology transfer, industrial scale-up, Strategic Projects and relevant Important Projects of Common European Interest, skills development and the production of machinery and other products that are essential to critical raw materials value chain. Support for projects outside the Union may be provided where they contribute to the Union's security of supply and complement the development of Union capacities.

3. Support under paragraph 2 may take the form of:

(a) equity and quasi-equity instruments;

(b) grants including for geological surveys, early-stage exploration, feasibility studies and pilot projects;

(c) bidding mechanisms, including contracts for difference for production;

(d) production-linked incentives;

(e) loans;

(f) guarantees and counter-guarantees;

(g) offtake support agreements;

(h) technology-transfer or licensing support.

4. In its annual work programmes, the Centre shall publish an indicative overview of its planned activities under this Article and of calls it aims to launch.

5. Where the Centre provides financial support pursuant to paragraph 2 of this Article, the support agreement shall provide for supply-security benefits for the Union. Such benefits may include a priority right of purchase, offtake arrangements, access to the future output of the supported project, allocation to Union-based undertakings or to the EUCRMS referred to in Article 43c, as well as reporting, delivery or repayment obligations.

6. The Centre may, for the purposes of this Article, co-establish or participate in joint ventures or special purpose vehicles with industrial or commercial partners, in order to combine the Centre's financing capacity with third-party operational and commercial expertise. The selection of industrial or commercial partners shall be based on objective and transparent criteria and shall be subject to appropriate safeguards concerning conflicts of interest, economic security and the protection of commercially sensitive information.

7. The Centre shall, where appropriate, prioritise instruments that mobilise private co-investment aligned with the Union’s supply-security, diversification and resilience objectives. Direct equity or quasi-equity acquisition by the Centre may be used where necessary to address market failures, secure public-return obligations, prevent dependency on entities referred to in Article 25(6), or safeguard the Union’s security of supply.

8. The Centre may, in case of a potential acquisition that threatens to severely harm the Union security of supply, act without delay to prevent such harm, including by acquiring equity in the relevant undertaking. The Centre shall consult and seek approval of the Governing Board of any action taken pursuant to this paragraph and provide the reasons for the intervention.

9. Where the Centre holds equity, it may request the ECRM Fund to act on its behalf in any functions related to the Centre’s status as a shareholder.

10. Any instrument used pursuant to this Article shall be financed from the Union’s budget, voluntary Member States contributions and they shall be used by the Centre in the Union’s interest. The Centre may, where appropriate and proportionate in light of the nature of the project and the financial support provided, require adequate co-financing from the Member States or regional authorities.

Article 43aa European Critical Raw Materials Fund

1. A European Critical Raw Materials Fund (the “ECRM Fund”) is hereby established as a Union financial instrument contributing to the objectives and benchmarks laid down in this Regulation and to the functioning of the internal market by strengthening the security, resilience and sustainability of the Union’s critical raw materials supply chains.

2. The objective of the ECRM Fund shall be to mobilise and provide financing for projects and investments of strategic importance to the Union’s critical raw materials supply chains, including projects relating to exploration, extraction, processing, refining, separation, manufacturing, recycling, substitution and the recovery and use of secondary raw materials.

3. The ECRM Fund may provide financing in the form of equity, quasi-equity, loans, guarantees and other forms of risk-sharing and may invest in funds, specialised investment structures or other financial vehicles, in accordance with Regulation (EU, Euratom) 2024/2509.

4. The ECRM Fund shall support, in particular, the deployment and industrial scale-up of technologies and projects that address material-specific supply vulnerabilities, strategic capability gaps or bottlenecks in the Union’s critical raw materials value chains. The Fund shall complement existing Union and Member State financial instruments and shall avoid unnecessary duplication of Union support.

5. The ECRM Fund shall seek to mobilise additional capital from Member States, private-sector investors, the European Investment Bank and the European Investment Fund. Participation of other public or private investors shall be subject to appropriate safeguards concerning ownership and control, conflicts of interest, the protection of the Union’s financial interests and risks to the Union’s economic security.

6. The Commission shall implement the ECRM Fund in accordance with Regulation (EU, Euratom) 2024/2509 and shall entrust the implementation of the Fund to the Centre under indirect management in accordance with Article 62, of that Regulation. The Centre shall implement the ECRM Fund within the framework established by this Regulation, its founding act, the applicable contribution agreement and the investment guidelines adopted pursuant to paragraph 7 of this Article.

7. The Commission shall adopt the investment guidelines and detailed implementation arrangements necessary for the implementation of the ECRM Fund, including, where appropriate, the eligibility criteria, investment objectives, risk parameters, concentration limits, additionality requirements and safeguards concerning conflicts of interest, ownership and control and the Union’s economic security.

8. The Centre shall, within the framework referred to in paragraph 7, assess, select, finance and monitor eligible operations and shall ensure that financing operations contribute to the objectives of this Regulation. The Centre shall apply the principles of sound financial management, transparency, proportionality, additionality and Union added value.

9. The ECRM Fund shall have an initial Union contribution of EUR 2 000 000 000, drawn from the amount referred to in Article 4(2) of Regulation [(2025/0555(COD)] (European Competitiveness Fund)]. The contribution shall be deployed in tranches in accordance with the investment strategy, the applicable budgetary procedure and Regulation (EU, Euratom) 2024/2509.

10. The Centre shall report annually to the Commission, the Governing Board and to the Critical Raw Materials Board on the implementation and performance of the ECRM Fund, including the operations supported, the Union contribution committed and disbursed, additional capital mobilised, the financial performance and risk exposure of the portfolio, and the contribution of the Fund to the objectives and benchmarks laid down in this Regulation.

11. Revenue generated by the ECRM Fund, including dividends, interest, capital gains and repayments attributable to the Union contribution, shall be accounted for and shall remain within the Fund, by way of derogation from Article 212(3), first subparagraph, of Regulation (EU, Euratom) 2024/2509, and shall constitute internal assigned revenue.

12. The ECRM Fund shall be subject to the applicable Union rules on budgetary control, audit, discharge, fraud prevention and the protection of the Union’s financial interests.

Article 43ab Cooperation with the European Investment Bank

1. The Centre shall cooperate with the European Investment Bank Group to mobilise co-financing, blended finance guarantees and technical assistance for projects contributing to the achievement of the objectives of this Chapter and, where relevant, supported by the ECRM Fund.

2. The European Investment Bank Group may participate in the ECRM Fund as an investor and may, where appropriate, be entrusted with the implementation of specific financial instruments or operations supported by the ECRM Fund or by other Union financial instruments, in accordance with Regulation (EU, Euratom) 2024/2509 and the applicable contribution, financing or guarantee agreements.

3. Cooperation under paragraphs 1 and 2 of this Article shall be carried out in a manner that complements the role of the Centre as the entity entrusted with the implementation of the ECRM Fund pursuant to Article 43aa, avoids duplication of Union support and ensures appropriate safeguards concerning conflicts of interest, additionality, the protection of the Union's financial interests and the Union's economic security.

4. The Centre may also cooperate with national promotional banks and institutions and with multilateral development banks to mobilise additional financing, including through co-financing, guarantees, blended finance and technical assistance, where such cooperation contributes to achieving the objectives of this Regulation, in particular the security of supply, diversification, resilience and responsible sourcing of critical raw materials

Article 43ac Coordination with Union external financing instruments

1. The Centre shall coordinate with the Commission services responsible for the Global Gateway strategy, the European Fund for Sustainable Development Plus and other Union external financing instruments, with a view to ensuring coherence between support under this Chapter and Union-supported raw materials projects in third countries.

2. In the context of the coordination referred to in paragraph 1, the Centre shall identify and communicate to the Commission short-term supply arrangements with Strategic Partnership countries that it considers a priority to secure the availability of critical raw materials in the event of supply disruptions, including, where relevant, the case for seeking commitments to prior notification of prospective export restriction measures. the availability of critical raw materials in the event of supply disruptions, including, where relevant, the case for seeking commitments to prior notification of prospective export restriction measures. The Centre shall provide the Commission with technical input to support the negotiation of such arrangements.

3. Such coordination shall support the Union’s supply diversification objectives, complement the development of critical raw materials capacities within the Union, comply with applicable Union requirements and contribute to reliable and resilient raw materials value chains for the Union.

4. This Article shall be without prejudice to the legal bases, decision-making procedures and governance arrangements applicable to the Union external financing instruments referred to in paragraph 1.

SECTION 5 Intelligence

Article 43ad Intelligence Hub

1. The Centre shall collect and manage all relevant data related to critical raw materials to support its activities and tasks under this Chapter, including the information and data collected pursuant to Articles 20, 21 and 24 and in accordance with Article 43p. Large companies choosing to withhold essential data may be excluded from the services organised by the Centre.

2. The Centre shall monitor critical raw materials markets in real time in order to identify and anticipate market developments, supply disruptions and other potential risks affecting the security and resilience of the Union’s critical raw material supply chains.

3. The Centre shall support material-specific value-chain resilience plans, joint purchasing, strategic and contingency stockpiling, financial support, early-warning activities and release decisions under this Chapter.

4. By way of derogation from Article 22 of Regulation (EC) No 223/2009, the authorised officials and other staff of the Centre shall also have access, on a strict need-to-know basis, to the confidential information related to raw materials collected by the Commission (Eurostat), where necessary for the performance of the tasks entrusted to the Centre under this Chapter.

5. The Centre shall encourage the development of critical raw materials price indices, providing market participants with transparent, reliable and market-driven reference prices, based on robust and, where appropriate, anonymised market data.

6. In carrying out its tasks, the Centre shall build on existing expertise and infrastructure, including the Joint Research Centre Raw Materials Information System, national raw materials observatories, geological services, Eurostat and the standing working groups of the Governing Board, in order to avoid unnecessary duplication of data collection or analysis.

7. The Centre shall cooperate, where relevant, with Strategic Partnership countries and multilateral platforms to exchange market intelligence and strengthen early-warning capacity.

Article 43ae Crisis preparedness exercises

The Centre shall facilitate regular exercises and stress-testing with Member States authorities and other relevant stakeholders and bodies to enhance crisis preparedness.

SECTION 6 Final provisions

Article 43af Presentation of the Centre’s accounts and discharge

The presentation of the Centre’s provisional and final accounts and the discharge shall follow the rules and timetable of Regulation (EU, Euratom) 2024/2509 and of Commission Delegated Regulation (EU) 2019/715.

Article 43ag The Centre’s staff

1. The Staff Regulations and the Conditions of Employment of Other Servants and the rules adopted by agreement between the institutions of the Union for giving effect to those Staff Regulations and the Conditions of Employment of Other Servants shall apply to the staff of the Centre.

2. The Centre may make use of other seconded national experts or other staff not employed by the Centre, in any areas of its work. The Governing Board shall adopt a decision laying down rules on the secondment of national experts.

3. The Centre shall identify the most appropriate means to ensure that it remains sufficiently attractive as an employer to recruit and retain the highly qualified experts necessary for the effective fulfilment of its mandate.

Article 43ah Liability

1. The Centre’s contractual liability shall be governed by the law applicable to the contract in question.

2. The Court of Justice of the European Union shall have jurisdiction to give judgment pursuant to any arbitration clause contained in a contract concluded by the Centre.

3. In the event of non-contractual liability, the Centre shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its departments or by its servants in the performance of their duties.

4. The Court of Justice of the European Union shall have jurisdiction in disputes over compensation for the damage referred to in paragraph 3.

5. The personal liability of its staff towards the Centre shall be governed by the provisions laid down in the Staff Regulations or Conditions of Employment applicable to them.

Article 43ai Combating fraud

1. In order to combat fraud, corruption and other unlawful activities, the provisions of Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council shall apply.

2. The Centre shall accede to the Interinstitutional Agreement of 25 May 1999 between the European Parliament, the Council of the European Union and the Commission of the European Communities concerning internal investigations by the European Anti-fraud Office (OLAF) and the European Public Prosecutor’s Office (EPPO) and shall adopt the appropriate provisions applicable to its staff using the template set out in the Annex to that Agreement. The European Public Prosecutor’s Office (EPPO) is empowered, in accordance with Regulation (EU) 2017/1939, to investigate and prosecute criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council.

3. The European Court of Auditors shall have the power of audit, on the basis of documents and on the spot, over all grant beneficiaries, contractors and subcontractors that have received Union funds from the Centre.

4. OLAF may carry out investigations, including on-the-spot checks and inspections with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union in connection with a grant or a contract funded by the Centre, in accordance with the provisions and procedures laid down in Regulation (EU, Euratom) No 883/2013 and Council Regulation (Euratom, EC) No 2185/96.

Article 43aj Reporting and evaluation

1. Every five years, the Commission shall commission an evaluation of the Centre’s performance in relation to its objectives, mandate, tasks, governance and locations in accordance with Commission’s guidelines. The evaluation shall, in particular, address the possible need to modify the mandate of the Centre and the financial implications of any such modification.

2. The Commission shall report to the European Parliament, the Council and the Governing Board on the evaluation findings. The findings of the evaluation shall be made public.

Change #5 Substance under “EXPLANATORY STATEMENT”

Replaces the explanatory statement with new text on the Centre, its tasks, third-country cooperation, stakeholder participation and a referral back to committee.

The Commission’s targeted amendments to the Critical Raw Materials Act (CRMA) reflect the need to strengthen the Union’s strategic autonomy, enhance the resilience of critical raw materials (CRMs) supply chains, and foster the development of a circular and sustainable European industrial base. The Commission identified challenges in ensuring the availability of strategic raw materials, particularly rare earth permanent magnets essential for clean tech and proposed clarifications and targeted measures to improve the implementation of recycling and reporting. The ongoing implementation of the CRMA also underlines a risk of fragmentation of the Single Market, arising from disparate identification by individual Member States of the large companies required to perform risk assessments of their supply chains under Article 24. The Commission is therefore mandated to monitor and ensure effective implementation.

The Rapporteur considers that the targeted amendments to the Critical Raw Materials Act provide an important opportunity to strengthen not only the regulatory framework for critical raw materials, but also the Union’s capacity to act. The Union’s vulnerability to supply disruptions and the strategic importance of critical raw materials for Europe’s climate, energy, digital and defence industries require stronger operational capacity at Union level. For this reason, Parliament’s report adopted in the ITRE Committee in June called on the Commission to come forward with legislation establishing a European Critical Raw Materials Centre.

The recent report of the European Court of Auditors (ECA) highlighted that the EU faces vulnerabilities in critical raw materials supply, gaps in the collection and recycling of post-consumer waste, and the lack of dedicated funding. In particular, the ECA stressed the need for improved risk preparedness, transparency in recycled content, and a strategic approach to partnerships with third countries. These findings underline the importance of coherent Unionlevel action to strengthen resilience, ensure predictable access to CRMs, and support investment in industrial ecosystems. The Rapporteur was guided by the findings of the ECA in shaping the proposals contained in this report, shaping measures to improve transparency, risk mitigation, and strategic investment within the CRMA framework.

Following the delay of the Commission initiative on the CRM Centre, and given the urgency of strengthening the Union’s capacity to act, the Rapporteur considered it necessary to develop additional provisions establishing the Centre as part of the ongoing legislative work on the targeted amendments to the CRMA. For this reason, the provisions concerning the tasks and the objectives of the Critical Raw Material Centre should constitute the guiding framework for aligning the relevant provisions of the Critical Raw Materials Act. The Rapporteur undertook this work with the support of the political groups, providing a broad political basis for developing the provisions of the Centre. This exceptional approach was taken in full transparency with regard to the ongoing discussions in the Council and with due regard for the institutional roles and prerogatives of the Parliament, the Council and the Commission, as well as the principle of sincere cooperation between the institutions.

At the core of the amended CRMA framework is the principle that predictable implementation and the whole valuechain integration are essential for mobilising investment and industrial capacity across the Union. The Rapporteur therefore supports maintaining a minimum of two cutoff dates per year for programme calls, ensuring regular, predictable opportunities for project promoters, while preserving flexibility for the Commission to organise additional targeted calls where operational needs arise. Beyond frequency, targeted calls should encourage projects that integrate across the entire value chain — from extraction and processing to refining, manufacturing, recycling, and downstream demand — strengthening industrial ecosystems, avoiding fragmentation, and anchoring investment in resilient, commercially viable supply chains. In parallel, where supply disruptions create material vulnerabilities, companies should be equipped to mitigate risks through measures they deem appropriate. Options the Rapporteur considers include strategic stock replenishment, improved material efficiency, diversification of sources, substitution, and recycling. Joint purchasing mechanisms can contribute to stockpiling to enhance predictability and transparency, particularly for smaller market actors.

The Rapporteur considers that the Centre should complement, rather than duplicate, the existing governance structures under the CRMA and the CRM Board. In this regard, the Rapporteur supports the delegation of certain tasks to the Centre. A clear division of responsibilities will allow the Union to benefit from the Centre’s expertise and operational capacity while preserving the Commission’s responsibilities under the CRMA.

The Rapporteur considers that a resilient and futureproof CRMA must rest on clear definitions and a robust framework that supports both industrial deployment today and the circular economy of tomorrow. For this reason, the amendments clarify what constitutes manufacturing and postconsumer waste, to ensure legal certainty across Union law and avoid ambiguity in recycled content reporting. In the short term, recognising materials recovered from manufacturing waste can help establish a European recycling industry and improve resource efficiency, while internal process materials that remain within the manufacturing stream should not be counted toward recycled content shares because they do not constitute waste. The Rapporteur supports the Commission proposal to include Union-originated waste shares in the scope of the CRMA to foster European’s recycling capacity.

A central task of the Centre should be to strengthen the Union’s capacity to anticipate and respond to supply disruptions. Moreover, the Centre should provide operational and technical capacity for the assessment and implementation of Strategic Projects. The Centre should be an intelligence hub, identifying vulnerabilities across critical raw materials with material-specific value-chain resilience plans. The Rapporteur also considers that the Union needs stronger tools to respond to disruptions and market volatility. The Centre should therefore have the capacity to organise and support joint purchasing and stockpiling activities. While the existing CRMA framework limits these mechanisms to strategic raw materials, extending them to critical raw materials more broadly will enable the Union to respond to a wider range of supply vulnerabilities and strengthen predictability for European industry. The Centre should establish European contingency stocks of critical raw materials. At the same time, private companies should be able to receive financial support to establish their own stocks where this contributes to strengthening the resilience of European supply chains.

Strategic investment, innovation, and industrial preparedness are also central to the Rapporteur’s vision for the CRMA. Recognising that the market risks associated with CRM projects — including price volatility and long development cycles — can deter private capital, the amended text underlines Contracts for Difference (CfDs) as a tool to provide revenue certainty for strategic extraction, processing, and recycling projects. The Rapporteur notes that boosting Europe’s refining capacity is primarily an economic challenge, not a technological one, and CfDs can help overcome market barriers that hinder investment. At the same time, policies that promote technologies and processes to reduce dependence on constrained materials — through substitution, material efficiency, and recycling — will enhance competitiveness and sustainability across EU industry. Consistent with the ECA’s call for a strategic approach to partnerships, the Commission should regularly assess international collaboration to identify effective initiatives that bolster diversification and supply resilience, mindful of the Union’s international obligations.

The Rapporteur further considers that supply security cannot be achieved by the Union acting in isolation. The Centre should therefore be able to cooperate with like-minded third countries, including through participation in stockpiling activities where an association agreement has been concluded. Such cooperation can contribute to diversification, strengthen international supply chains and ensure that European resilience is embedded in broader partnerships with reliable and like-minded partners.

The Rapporteur also emphasises that Commission services must be fully equipped and adequately resourced to carry out their new responsibilities under Article 24, as well as all other tasks foreseen in this Regulation, particularly the assessment and monitoring of strategic projects. Sufficient capacity is essential to ensure that targets are implemented effectively, projects are evaluated rigorously, and the Union can achieve its strategic objectives.

The Centre should also have an appropriate financial capacity to implement its mandate. Its financial instruments should allow it to respond flexibly to market developments and supply disruptions, including through equity investments where appropriate.

Lastly, the Rapporteur underscores that strengthening EU strategic autonomy in critical raw materials contributes to industrial, economic, digital and defence resilience. Ensuring that recyclable materials remain within the Union will reinforce supply security, while judicious assessment of export restrictions on secondary material streams can reduce avoidable losses and retain economic value within internal markets. Stronger obligations for large companies to prepare for supply disruptions, combined with enhanced recycling infrastructure and Unionlevel collection targets assessed in the 2028 evaluation, will help close material loops and unlock higher recycling rates. Leveraging relevant Union financial instruments and initiatives such as future competitiveness programmes and instruments, can further derisk and accelerate strategic projects.

The Rapporteur also considers stakeholder participation to be an essential element of the Centre’s work. Critical raw materials policy affects the entire value chain, from extraction and processing to manufacturing and recycling, while also requiring support from research and innovation. It is essential that the Centre’s work takes into account the perspectives of workers, local communities, including indigenous peoples, civil society, SMEs, small mid-caps and scale-ups. The establishment of a Critical Raw Materials Forum will provide a structured platform for this expertise and ensure that the Centre’s work benefits from the experience and knowledge of stakeholders across these areas.

The Rapporteur is of the opinion that these targeted amendments create a coherent, technically achievable, and investmentfriendly framework, which balances the needs of shortterm industrial deployment with longterm strategic objectives, reinforces EU autonomy, and promotes a sustainable circular economy for critical raw materials.

The establishment of the Centre therefore represents an important step towards moving from a predominantly regulatory approach to a more operational Union-level capacity on critical raw materials. It will bring together intelligence, resilience planning, stockpiling, joint purchasing, stakeholder engagement and financial instruments within a common framework. This will strengthen the Union’s ability to anticipate risks, mobilise investment and respond collectively when supply disruptions occur, while helping to prevent such disruptions from occurring in the first place. The Centre should therefore be equipped with the resources necessary to fulfil its mandate, including the funding foreseen under the next Multiannual Financial Framework.

REFERRAL BACK TO COMMITEE