"European Critical Raw Materials Act
The court's announcement stressed that the process had taken longer because of the cross-border consultation with the Finns. At the same time I fished out this statement from an environmental lawyer:
"The EU Commission yesterday presented its proposal for a new regulation (EU law that comes into force directly in the member states) on critical raw materials. Have now read the proposal with great concern.
The proposal includes among others:
* Critical raw materials include lithium, cobalt, copper, nickel and rare earths.
* The EU Commission can decide, after an application has been submitted, that certain projects around these raw materials are to be considered strategic raw material projects
* Strategic projects must be considered to be of such "imperative public interest" that exemptions can be granted under the Species and Habitats Directive, the Birds Directive and the Water Framework Directive
* Strategic projects must receive the cream of the crop and be prioritised in the review process
* Strategic projects must be approved within 24 months if extraction is involved and within 12 months if enrichment or recycling is involved
* Strategic projects must also be prioritised in planning.
The proposal also contains several provisions on financing, etc.
If the proposal is adopted by Council and Parliament, there is now a risk that several Swedish mining projects will apply and become such strategic projects that the regulation talks about. In that case, it would be much more difficult to stop even such mining activities that cause great damage to Natura 2000 sites and water quality/quantity.
We can hope that the proposal will not be adopted, but unfortunately it is probably a vain hope."
This made me look closer and indeed:
"Article 9
Priority status of Strategic Projects
1. For the purpose of ensuring efficient administrative processing of the permitting processes related to Strategic Projects in the Union, project promoters and all authorities concerned shall ensure that those processes are treated in the most rapid way possible in accordance with Union and national law.
2. Without prejudice to obligations provided for in Union law, Strategic Projects in the Union shall be granted the status of the highest national significance possible, where such a status exists in national law, and be treated accordingly in the permit granting processes.
3. All dispute resolution procedures, litigation, appeals and judicial remedies related to the permit-granting process and the issuance of permits for Strategic Projects in the Union in front of any national courts, tribunals, panels, including mediation or arbitration, where they exist in national law, shall be treated as urgent, if and to the extent to which national law provides for such urgency procedures and provided that the normally applicable rights of defence of individuals or of local communities would be respected. Project promoters of Strategic Projects shall participate in such urgency procedure, where applicable.
Article 10
Duration of the permit granting process
1. For Strategic Projects in the Union, the permit granting process shall not exceed:
(a)
24 months for Strategic Projects involving extraction;
(b) 12 months for Strategic Projects only involving processing or recycling.
2. For Strategic Projects in the Union that had entered in the permit granting process before being granted the status of Strategic Project, the duration of the remaining steps of the permit granting process after the project is granted strategic status shall, in derogation from paragraph 1, not exceed:
(a)21 months for Strategic Projects involving extraction;
..."
and we know:
"The following raw materials shall be considered
critical:
...
(v)
Natural Graphite
..."
and that's new for me:
"The following raw materials shall be considered strategic:
...
(j) Natural Graphite - battery grade"
The entire proposal:
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52023PC0160
The time is ticking and the pressure is mounting not against us but for us.
Perhaps the EU has more influence on the process than I had previously thought. I am curious about the next strategic steps regarding the appeal, but also calm.