ARTICLE
22 April 2014

Proposed Regulation For Responsible Sourcing Of Conflict Minerals

SS
Shearman & Sterling LLP

Contributor

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On 5 March 2014, the Commission proposed a regulation to develop an integrated EU approach for the responsible sourcing of conflict minerals.
European Union Corporate/Commercial Law
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On 5 March 2014, the Commission proposed a regulation to develop an integrated EU approach for the responsible sourcing of conflict minerals. The proposed regulation will now have to be approved by the European Parliament and the Council.

Key features of the regulation include:

  • Establishment of a voluntary, supply chain due diligence and self-certification procedure for importers of tin, tantalum and tungsten, their ores, and gold originating in conflicted-affected and high-risk areas.
  • Importers who opt into this self-certification procedure will need to implement the Organisation for Economic Cooperation and Development ("OECD") Due Diligence Guidance, provide audit assurances and disclose information to competent authorities in the Member States.
  • The EU will use the disclosed information to issue, in consultation with the OECD, a list of smelters and refiners that are considered responsible suppliers. The list will be updated annually and will specifically identify smelters and refiners that source responsibly from conflict zones so as to incentivise legitimate trade and minimise the risk of EU companies financing armed groups.

The Commission is also proposing accompanying measures to further encourage the responsible sourcing of minerals. These include providing financial support to EU importers that elect to self-certify and to organisations promoting transparency and due diligence practices among smelters and refiners, and initiating policy dialogues with third countries and other stakeholders.

The proposed regulation is available at: http://trade.ec.europa.eu/doclib/docs/2014/march/tradoc_152227.pdf

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ARTICLE
22 April 2014

Proposed Regulation For Responsible Sourcing Of Conflict Minerals

European Union Corporate/Commercial Law

Contributor

Our success is built on our clients’ success. We have a long and distinguished history of supporting our clients wherever they do business, from major financial centers to emerging and growth markets. We represent many of the world’s leading corporations and major financial institutions, as well as emerging growth companies, governments and state-owned enterprises, often working on ground-breaking, precedent-setting matters. With a deep understanding of our clients' businesses and the industries they operate in, our work is driven by their need for outstanding legal and commercial advice.
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