Usuario:Papouten/Taller

Reglamento (EU) 2017/821
Texto pertinente a efectos del EEE
Título	Reglamento (UE) 2017/821 del Parlamento Europeo y del Consejo, de 17 de mayo de 2017, por el que se establecen obligaciones en materia de diligencia debida en la cadena de suministro por lo que respecta a los importadores de la Unión de estaño, tantalio y wolframio, sus minerales y oro originarios de zonas de conflicto o de alto riesgo.
Aplicabilidad	En la UE y los países del EEE
Hecho por	Parlamento Europeo y Consejo
Referencia del DOUE	L 119, 4.5.2016, p. 1–88
Cronología
Fecha de aprobación	14 de abril de 2016
Fecha de publicación	4 de mayo de 2016
Entrada en vigor	20 días posteriores a la publicación
Fecha de aplicación	25 de mayo de 2018
Textos preparatorios
Propuesta de la Comisión	COM/2012/010 final – 2012/0010 (COD)
Legislación relacionada
Reemplaza	Directiva de Protección de Datos (Directiva 95/46/CE)
Legislación vigente

Ámbito de aplicación

Como reglamento de la Unión Europea es directamente aplicable en todos los Estados de la Unión, sin que sea precisa ninguna norma jurídica de origen interno o nacional que la transponga para completar su eficacia plena. Aún así, el cumplimiento de

Reglamento de la Madera de la Unión Europea

Reglamento (EU) 2017/821

EU Conflict Minerals Regulation

Its main objective is to disrupt the nexus between

minerals extraction and trading on the one hand, and violent conflicts, corruption, and

structural fragility on the other. aims to achieve its objectives by improving the compliance of downstream

importers from the EU (Union importers) and their upstream suppliers with the existing five-

step due diligence framework as laid out in the Organisation for Economic Co-operation and

Development (OECD) Due Diligence Guidance for Responsible Supply Chains of Minerals.

The European Conflict Minerals Regulation entered into full force on January 1, 2021, following

its approval in 2017​

After the US Senate passed the Dodd-Frank Act, pressure on the EU to address the issue of DRC con-

flict minerals mounted. In October 2010 the European Parliament (EP) welcomed the new US ‘Conflict

Minerals’ Law in its Resolution regarding “failures in protection of human rights and justice in the Dem-

ocratic Republic of Congo”. Despite several requests by EP to the European Commission (EC) and the

Council to examine a legislative initiative along these lines, the EC initially limited itself to vague state-

ments without concrete action.

The EU in the following years undertook consultations and an impact assessment on a possible Conflict

Minerals Legislation. 2 In 2011, the EC announced its intention to explore ways of improving due dili-

2

This paragraph is sourced from: Bulzomi, A., The EU draft law on conflict minerals due diligence: a critical assessment from a business & human rights standpoint,

April 2014, IPIS.

5gence throughout supply chains. In September 2013, a coalition of 59 NGOs made the case for binding

EU legislation, saying that the EU should mandate companies to meet, at a minimum, the international

standards endorsed by the OECD due diligence framework.

In March 2014, the EU Trade Commissioner presented a strategy in a Joint Communication and draft

regulation by the EU Commission and High Representative for Foreign Affairs and Security Policy on

Responsible sourcing of minerals originating in conflict-affected and high-risk areas. Further events led

up to a political agreement between the EC, Council of the EU and the EP in November 2016 on the text

of the EU Conflict Minerals Regulation (‘EU Regulation’). The EU Regulation became law in 2017 and al-

lows for a transition period for companies concerned until January 2021, when it will come in full force.

Minerals concerned: Tin, tantalum, tungsten and gold (3TG minerals).

Definition:

Supply chain due diligence: the obligations of Union importers of tin, tantalum and

tungsten, their ores, and gold in relation to their management systems, risk management,

independent third-party audits and disclosure of information with a view to identifying

and addressing actual and potential risks linked to conflict-affected and high-risk areas to

prevent or mitigate adverse impacts associated with their sourcing activities.

Conflict-affected and high-risk areas: areas in a state of armed conflict or fragile post-

conflict as well as areas witnessing weak or non-existent governance and security, such

as failed states, and widespread and systematic violations of international law, including

human rights abuses.​The EU Regulation makes the OECD Guidance recommendations mandatory for import-

ers and smelters or refiners sourcing 3TG minerals from CAHRAs. The EC will draw up a White List of

“responsible smelters/refiners”.

By making the OECD Guidance mandatory, the

EU implicitly prohibits importers to contribute to conflict-financing, serious human rights abuses and

supporting non-state armed groups, as the OECD Guidance in its Annex II requires companies to dis-

engage from suppliers who are involved in these types of activities.

A delegated Regulation (EU) 2019/429 of 11

January 2019 supplements the main EU Regulation by establishing the methodology and

criteria that the Commission will use to assess whether due diligence schemes can be

recognised as ‘facilitating’ a company’s compliance with the EU Regulation.

The EU Regulation exempts companies using 3TG minerals in manufactured products. The EU’s own

estimate is that the Regulation applies directly to between 600 and 1,000 EU importers, and indirectly

to about 500 smelters and refiners of 3TG minerals, whether they are based inside the EU or not. 8 It is

worth mentioning that raw materials are rather trivial in EU trade flows with non-EU countries. The total

import of raw minerals represented less than 5% of EU imports in 2018, whereas machinery, vehicles

and other manufactured goods represented 56% of EU imports. 9 In short, the vast majority of EU com-

panies and consumers do use the 3TG minerals, but they are importing them beyond the metal stage

and, therefore, fall outside the EU Regulation.

proposed exemptions for smaller importers, making the regulation

voluntary for small and medium enterprises, while it remains mandatory for the larger importers.Thresholds are set at a level that ensures that the imports covered by the

Regulation do not fall below 95% of the total volumes of 3TG imported into the EU.

The OECD Guidance defines CAHRAs in the following terms: “Conflict-affected and high-risk areas are

identified by the presence of armed conflict, widespread violence or other risks of harm to people.

Armed conflict may take a variety of forms, such as a conflict of international or non-international char-

acter, which may involve two or more states, or may consist of wars of liberation, or insurgencies, civil

wars, etc. High-risk areas may include areas of political instability or repression, institutional weakness,

insecurity, collapse of civil infrastructure and widespread violence. Such areas are often characterized

by widespread human rights abuses and violations of national or international law.” 10

EU importers are required to publicly report on their due diligence practices, including on the internet,

in conformance with relevant requirements under the OECD Guidance on an annual basis.

Each Member State shall designate one or more Competent Authorities responsible

for the application of the EU Regulation. Member State Competent Authorities should

be responsible for ensuring the uniform compliance of Union importers of minerals

or metals who fall within the scope of the EU Regulation by carrying out appropriate

ex-post checks. the only formal instrument provided to tackle non-compliance is

a notice of remedial action to be taken by a Union importer. Penalties for non-compliance in contrast

are currently not included,

Críticas

The most important EU trading partners for gold

(i.e., Switzerland, USA, Canada, Australia and Russia) are not included on the CAHRA list even

though they have a refinery or smelter sector with significant imports from high-risk countries.indirect imports

via trading centres linked to illicit trade and conflict financing, such as Dubai, are not included

in the CAHRA list either.​

The Commission will not make public the list of Union 3TG importers, although the authorities

of the Member States are free to do so at a national level.This

provision calls upon the watchdog function of third parties like NGOs, civil society and the

media. en 2021 Austria is the only country to provide immediate disclosure of the names of importers.​

The Regulation currently does not allow for punitive sanctions but only

corrective measures​

Large-scale mines lead to high pollution levels of water, soil, air and noise

pollution with impact on the health of the local population. There is evidence but at the same

time also lacking data and missing measurement about pollution levels. These conflicts are not tackled by the regulation on responsible sourcing as environmental

conflicts are not included in the “conflict” definition of the regulation.According to

the Global Witness, in 2020, 65 water and land defenders were murdered in Colombia, making it

the country with the highest environmental murder rate in the world.​From a climate perspective, the extraction and

processing of metals account for a significant share of global

greenhouse gas emissions (approximately 10% in 2018​

​

Enlaces externos

• Página oficial del Reglamento