1. Following an application of the project promoter and in accordance with the procedure established in Article 7, the Commission shall recognise as Strategic Projects raw material projects that meet the following criteria:
(a)
the project would make a meaningful contribution to the security of the Union’s supply of strategic raw materials;
(b)
the project is or will become technically feasible within a reasonable timeframe and the expected production volume of the project can be estimated with a sufficient level of confidence;
(c)
the project would be implemented sustainably, in particular as regards the monitoring, prevention and minimisation of environmental impacts, the prevention and minimisation of socially adverse impacts through the use of socially responsible practices including respect for human rights, indigenous peoples and labour rights, in particular in the case of involuntary resettlement, potential for quality job creation and meaningful engagement with local communities and relevant social partners, and the use of transparent business practices with adequate compliance policies to prevent and minimise risks of adverse impacts on the proper functioning of public administration, including corruption and bribery;
(d)
for projects in the Union, the establishment, operation or production of the project would have cross-border benefits beyond the Member State concerned, including for downstream sectors;
(e)
for projects in third countries that are emerging markets or developing economies, the project would be mutually beneficial for the Union and the third country concerned by adding value in that third country.
2. The fulfilment of the criteria for the recognition set out in paragraph 1 of this Article shall be assessed by the Commission in accordance with the elements and evidence set out in Annex III.
The Commission is empowered to adopt delegated acts in accordance with Article 38 to amend Annex III in order to adapt the elements and evidence to be taken into account when assessing the fulfilment of the criteria for the recognition set out in paragraph 1 of this Article to technical and scientific progress or to take into account changes to the international instruments listed in Annex III, point 5, or the adoption of new international instruments relevant for the fulfilment of the criterion referred to in paragraph 1, point (c), of this Article.
3. The recognition of a project as a Strategic Project pursuant to this Article shall not affect the requirements applicable to the relevant project or project promoter under Union, national or international law.