1. The raw materials, including in unprocessed form, at any stage of processing and when occurring as a by-product of other extraction, processing or recycling processes, listed in Annex I, Section 1, shall be considered to be strategic raw materials.
2. The Commission is empowered to adopt delegated acts in accordance with Article 38 to amend Annex I, Section 1, in order to update the list of strategic raw materials.
An updated list of strategic raw materials shall include, from among the raw materials assessed, the raw materials that score among the highest in terms of strategic importance, forecasted demand growth and difficulty of increasing production. The strategic importance, projected demand growth and difficulty of increasing production shall be determined in accordance with Annex I, Section 2.
3. The Commission shall review and, if necessary, update the list of strategic raw materials by 24 May 2027, and every three years thereafter.
Upon the request of the European Critical Raw Materials Board established in Article 35 (the ‘Board’) on the basis of monitoring and stress testing in accordance with this Regulation, the Commission shall review and, where appropriate, update the list of strategic raw materials at any time in addition to the regular reviews.
As part of the first update of the list of strategic raw materials pursuant to the first subparagraph, the Commission shall, in particular, assess whether, on the basis of its assessment pursuant to paragraph 2 of this Article and Annex I, Section 2, synthetic graphite should remain in the list of strategic raw materials.