Understanding Strategic Projects Under the CRMA: A Guide to Rights and Processes

The document provides a detailed analysis of the Critical Raw Materials Act (CRMA), which aims to secure the EU's supply of 17 strategic raw materials by 2030. It highlights the risks of fast-tracked permitting for 'Strategic Projects', the potential for 'greenwashing' through private certification schemes, and the challenges facing Indigenous Peoples and local communities in exercising their rights to participation and consent. The guide also examines the interaction between the CRMA and existing EU environmental directives, such as the Habitats and Birds Directives, and outlines the limited access to justice available to stakeholders.

• The CRMA establishes four benchmarks for 2030 to reduce EU dependency on raw materials: 10% of extraction must be domestic, 40% of processing must occur within the EU, 25% must come from recycling, and no more than 65% of any strategic metal should come from a single third country.
• Projects designated as 'Strategic' benefit from expedited permitting timelines: extraction projects are limited to 27 months and processing or recycling projects to 15 months, though these do not include the time needed for environmental impact assessment reports.
• The CRMA allows Strategic Projects to be classified as serving the 'public interest or serving public health and safety', which may facilitate derogations from nature protection laws if specific conditions under the Habitats, Birds, and Water Framework Directives are met.
• There is a significant risk that the EU's reliance on private certification schemes to prove 'sustainability' acts as a substitute for comprehensive assessments, potentially masking human rights and environmental abuses.
• For projects in third countries, the CRMA relies on the OECD Due Diligence Guidance for Meaningful Stakeholder Engagement, but these guidelines are not legally enforceable in national courts and often lack effective redress mechanisms.
• While the CRMA references the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), it does not mention the legally binding ILO Convention 169, and the requirement for Free, Prior and Informed Consent (FPIC) is inconsistently applied in practice.
• Public consultation timeframes under the CRMA are restricted to between 30 and 85 days, which may be insufficient for meaningful participation compared to broader recommendations.
• The CRMA lacks explicit provisions for access to justice, meaning stakeholders must rely on other EU laws, such as the Aarhus Regulation and the EIA Directive, to challenge decisions at the regional or national level.

APA

Marin, D., Pravuljac, M., Tralmaka, I., & Martins, M. (2024). Understanding Strategic Projects Under the CRMA: A Guide to Rights and Processes. ClientEarth. https://www.clientearth.org/media/laclbcxq/digital-community-guidelines-for-strategic-projects.pdf

Chicago

Marin, Diego, Maja Pravuljac, Ilze Tralmaka, and Margarida Martins. Understanding Strategic Projects Under the CRMA: A Guide to Rights and Processes. ClientEarth, 2024. https://www.clientearth.org/media/laclbcxq/digital-community-guidelines-for-strategic-projects.pdf.

Wikipedia

{{cite report |last1=Marin |first1=Diego |last2=Pravuljac |first2=Maja |last3=Tralmaka |first3=Ilze |last4=Martins |first4=Margarida |title=Understanding Strategic Projects Under the CRMA: A Guide to Rights and Processes |publisher=ClientEarth |date=December 2024 |url=https://www.clientearth.org/media/laclbcxq/digital-community-guidelines-for-strategic-projects.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{marin2024understanding, author = {Marin, Diego and Pravuljac, Maja and Tralmaka, Ilze and Martins, Margarida}, title = {{Understanding Strategic Projects Under the CRMA: A Guide to Rights and Processes}}, institution = {ClientEarth}, year = {2024}, month = dec, url = {https://www.clientearth.org/media/laclbcxq/digital-community-guidelines-for-strategic-projects.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }