"How industry is forging the EU Critical Raw Materials Act", 4 July 2023

In March 2023, the European Commission published its proposal for a Regulation on Critical Raw Materials (‘CRMA’). The new report "Mining the depths of influence" published by Friends of the Earth Europe evidences how companies and business groups associated to the transition minerals mining and metal extraction and use are forging the Act.

The report's key findings reveal significant lobbying efforts by mining, metals and minerals companies, and related lobby groups, with an annual expenditure exceeding €21 million. These efforts include frequent sponsored events and regular meetings with high-level decision-makers within the Commission. Moreover, the report highlights bias in the Commission's presentation of Critical Raw Material (CRM) consultation questions and outcomes, favoring industry interests while sidelining the crucial matter of demand reduction, among other concerns from civil society orgnizations. The report also raises concerns about the incorporation of industry-favored aspects into the Commission's proposal, including the concept of 'overriding public interest' for strategic projects, posing risks to environmental safeguards, and the adoption of voluntary industry certifications in place of legally binding due diligence obligations, potentially enabling self-regulation by the industry.

The Business and Human Rights Resource Centre invited both companies and business groups subject to allegations in the report to comment on these. We received responses from Euromines (European Association of Mining Industries, Metal Ores & Industrial Minerals) , Eurometaux (European non-ferrous metals association), Svemin (Swedish Association of Mines, Minerals, and Metals Producers), FinnMin (Finish Minning Association), VDA (German Association of Automotive Industry) and ERAMET.

LKAB, Infinity Lithium Corporation, the Critical Raw Materials Alliance, the Finnish Minerals Group, Verde Magnesium, European Aluminium, and Jernkontoret did not provide a comment.