1. Each Member State shall, by two years from the date of entry into force of the implementing act referred to in paragraph 7, adopt and implement, or include in, national programmes containing measures designed to:
(a)
incentivise technological progress and resource efficiency in order to moderate the expected increase in Union consumption of critical raw materials;
(b)
promote waste prevention and increase re-use and repair of products and components with relevant critical raw materials recovery potential;
(c)
increase the collection, sorting and processing of waste with relevant critical raw materials recovery potential, including metal scraps, and ensure their introduction into the appropriate recycling system, with a view to maximising the availability and quality of recyclable material as an input to critical raw material recycling facilities;
(d)
increase the use of secondary critical raw materials, including through measures such as taking recycled content into account in award criteria related to public procurement or financial incentives for the use of secondary critical raw materials;
(e)
increase the technological maturity of recycling technologies for critical raw materials and promote circular design, materials efficiency and substitution of critical raw materials in products and applications, at least by including support actions to that effect under national research and innovation programmes;
(f)
ensure that measures are in place to equip their workforce with the skills needed to support circularity of the critical raw materials value chain, including measures on upskilling and reskilling;
(g)
where financial contributions are to be paid by the producer in accordance with its extended producer responsibility obligations under national law in accordance with Article 8(1) of Directive 2008/98/EC, promote the modulation of such financial contributions to incentivise a larger share of secondary critical raw materials recovered from waste, recycled in line with relevant Union environmental standards, to be contained in products;
(h)
take necessary measures to ensure that critical raw materials that are exported after ceasing to be waste fulfil the relevant conditions in accordance with Directive 2008/98/EC and other relevant Union law;
(i)
where relevant, support the use of Union quality standards for recycling processes of waste streams containing critical raw materials.
2. The programmes referred to in paragraph 1 of this Article may be integrated into new or existing waste management plans and waste prevention programmes adopted pursuant to Articles 28 and 29 of Directive 2008/98/EC.
The national programmes referred to in the first subparagraph shall be reviewed within five years of their adoption and updated if necessary.
3. The programmes referred to in paragraph 1 shall cover in particular products and waste which are not subject to any specific requirement on collection, treatment, recycling or re-use under Union law. For other products and waste, the measures shall be implemented in accordance with Union law.
With respect to paragraph 1, points (b), (c) and (d), the programmes referred to in those points may include, without prejudice to Articles 107 and 108 TFEU, the introduction of financial incentives, such as discounts, monetary rewards or deposit-refund systems, to encourage the preparation for re-use and re-use of products with relevant critical raw materials recovery potential, and the collection and treatment of waste from such products.
4. The national measures referred to in paragraphs 1 and 2 shall be designed with a view to avoiding barriers to trade and distortions of competition in conformity with the TFEU.
5. Member States shall identify separately, and report, the quantities of components containing relevant amounts of critical raw materials removed from waste electrical and electronic equipment and the quantities of critical raw materials recovered from such equipment.
The Commission shall adopt implementing acts specifying the format and details of such reporting. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(3).
The first reporting period shall cover the first full calendar year after the adoption of those implementing acts. Member States shall submit that data when reporting to the Commission the data concerning the quantities of waste electrical and electronic equipment recycled pursuant to Article 16(6) of Directive 2012/19/EU.
6. Member States shall, in their reports submitted pursuant to Article 45, provide information on the adoption of the national programmes referred to in paragraph 1 of this Article and on progress in the effective implementation of the measures taken pursuant to paragraphs 1 and 2 of this Article.
7. By 24 May 2025, the Commission shall adopt implementing acts specifying a list of products, components and waste streams that shall at least be considered as having a relevant critical raw materials recovery potential within the meaning of paragraph 1, points (b) and (c).
In drawing up that list, the Commission shall take account of:
(a)
the total amount of critical raw materials recoverable from those products, components and waste streams;
(b)
the extent to which those products, components and waste streams are covered by Union law;
(c)
regulatory gaps;
(d)
particular challenges affecting the collection and waste treatment of products, components and waste streams;
(e)
existing systems of collection and waste treatment applying to products, components and waste streams.
The implementing acts referred to in the first subparagraph of this paragraph shall be adopted in accordance with the examination procedure referred to in Article 39(3).