Regulation 2017/821 - Supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas - Main contents
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Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017 laying down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2017/821 |
| Original proposal | COM(2014)111  |
| CELEX number i | 32017R0821 |
| Document | 17-05-2017; Date of signature |
|---|---|
| Publication in Official Journal | 19-05-2017; OJ L 130 p. 1-20 |
| Signature | 17-05-2017 |
| Effect | 08-06-2017; Entry into force Date pub. +20 See Art 20.1 09-07-2017; Application See Art 20.2 01-01-2021; Application Partial application See Art 20.3 |
| Deadline | 08-06-2017; See Art 19.2 30-06-2018; See Art 17.1 01-04-2020; See Art 1.4 01-07-2020; At the latest See Art 1.4 01-01-2021; See Art 1.5 08-09-2021; At the latest See Art 19.2 01-01-2023; Review See Art 17.2 |
| End of validity | 31-12-9999 |
19.5.2017 |
EN |
Official Journal of the European Union |
L 130/1 |
REGULATION (EU) 2017/821 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 17 May 2017
laying down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207 thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national Parliaments,
Acting in accordance with the ordinary legislative procedure (1),
Whereas:
(1) |
Although they hold great potential for development, natural mineral resources can, in conflict-affected or high-risk areas, be a cause of dispute where their revenues fuel the outbreak or continuation of violent conflict, undermining endeavours towards development, good governance and the rule of law. In those areas, breaking the nexus between conflict and illegal exploitation of minerals is a critical element in guaranteeing peace, development and stability. |
(2) |
The challenge posed by the desire to prevent the financing of armed groups and security forces in resource-rich areas has been taken up by governments and international organisations together with economic operators and civil society organisations, including women's organisations that are to the forefront of drawing attention to the exploitative conditions imposed by these groups and forces, as well as to rape and violence used to control local populations. |
(3) |
Human rights abuses are common in resource-rich conflict-affected and high-risk areas and may include child labour, sexual violence, the disappearance of people, forced resettlement and the destruction of ritually or culturally significant sites. |
(4) |
The Union has been actively engaged in an initiative of the Organisation for Economic Co-operation and Development (OECD) to advance the responsible sourcing of minerals from conflict areas, which has resulted in a government-backed multi-stakeholder process leading to the adoption of the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas (‘OECD Due Diligence Guidance’) including the Annexes and Supplements thereto. In May 2011, the OECD Ministerial Council recommended the active promotion of the observance of that Guidance. |
(5) |
The concept of responsible sourcing is referred to in the updated OECD Guidelines for Multinational Enterprises (2) and is in line with the UN Guiding Principles on Business and Human Rights (3). Those documents aim to advance supply chain due diligence practices when businesses source from areas affected by conflict and instability. At the highest international level, UN Security Council Resolution 1952 (2010) specifically targeted the Democratic Republic of Congo (the DRC) and its neighbours in Central Africa calling for supply chain due diligence to be observed. Following up on that Resolution, the UN Group of Experts on the DRC also advocated compliance with the OECD Due Diligence Guidance. |
(6) |
In addition to multilateral initiatives, on 15 December 2010, the Heads of State and Government of the African Great Lakes Region took a political commitment in Lusaka to fight the illegal exploitation of natural resources in the region and approved, inter alia, a regional certification mechanism based on the OECD Due Diligence Guidance. |
(7) |
This Regulation, by controlling trade in minerals from conflict areas, is one of the ways of eliminating the financing of armed groups. The Union's foreign and development policy action also contributes to fighting local corruption, to... |
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