Status: Adopted

Law - European Union - Conflict Minerals Regulation

Conflict Minerals Regulation

Summary Table

Obligations
  • Reporting
  • Due Diligence
Normative scope
  • Human Rights
  • Environment
  • Other social matters
  • Broad ranging
Value chain scope
  • Own Operations
  • Subsidiaries
  • Direct Suppliers
  • Indirect Suppliers
  • Full Value Chain
Company scope
  • Large Companies
  • SMEs
  • Other
  • All Sectors
Administrative enforcement
  • Monitoring
  • Administrative Sanctions
  • Other
Judicial enforcement
  • Civil Liability
  • Facilitating Access to Justice
  • Other
Obligations
  • Reporting
    • EU importers must disclose the results of their third-party audits to member-state competent authorities and publicly report the results of their due diligence practices
  • Due Diligence
    • EU importers must ensure their supply chain policy standards, contracts and agreements are consistent with the OECD Due Diligence Guidance (Conflict Minerals Due Diligence)
    • Includes risk management obligations requiring EU importers to identify and assess risks of adverse impacts in their supply chains and implement a strategy to respond to the identified risks
Normative scope
  • Human Rights
  • Environment
  • Other social matters
    • Illegal commodities
  • Broad ranging
    • Concerns only conflict minerals - tin, tantalum, and tungsten in addition to ores and gold originating from conflict-affected and high-risk areas)
Value chain scope
  • Own Operations
  • Subsidiaries
  • Direct Suppliers
    • Applicable to suppliers of minerals from conflict affected and high-risk areas
  • Indirect Suppliers
  • Full Value Chain
    • Due diligence requirements apply to importers of raw materials, but not for downstream companies
Company scope
  • Large Companies
  • SMEs
  • Other
    • Indirectly affects about 500 smelters and refiners whether they are based in the EU or not
  • All Sectors
    • Directly affects 600-1000 importers of conflict minerals as defined in the Regulation
Administrative enforcement
  • Monitoring
    • Authorities’ post-checks, third-party audits with possibility for third parties to refer to the competent authority
  • Administrative Sanctions
    • Member states must set the rules applicable in cases of infringement/non-compliance
    • There is no explicit enforcement mechanism in the law
  • Other
Judicial enforcement
  • Civil Liability
    • The regulation does not include company duty of care or parent company liability
  • Facilitating Access to Justice
  • Other

More information

  • Most provisions applied as of 1 January 2021
Law

Regulation 2017/821 of the European Parliament and of the Council (EU Conflict Minerals Regulation)

European Union
May 17, 2017
Area EU Administrative Law
Reporting
Due diligence
Due diligence and remedy