EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, 17.2.2022  
COM(2022) 52 final  
 
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND 
THE COUNCIL  
on the exercise of the power to adopt delegated acts conferred on the Commission 
pursuant to Regulation (EU) 2017/821 of the European Parliament and of the Council of 
17 May 2017 laying down supply chain due diligence obligations for Union importers of 
tin, tantalum and tungsten, their ores, and gold originating from conflict -affected and 
high -risk areas   
  
 
1 
  
I. Introduction  
In 2017, the European Union (EU) adopted Regulation (EU) 2017/821 of the European 
Parliament and of the Council of 17 May 2017 laying down supply chain due diligence 
obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating 
from conflict -affected and high -risk areas1 (“the EU Regulation” hereinafter). The EU 
Regulation entered into force on 8 June 2017 and its key requirements apply to EU importers 
since 1 January 2021.  
The EU Regulation  establishes a Union system for supply chain due diligence (‘Union 
system’) in order to curtail opportunities for armed groups and security forces to trade in t in, 
tantalum and tungsten, their ores, and gold. It is designed to provide transparency and 
certainty as regards the supply practices of Union importers, and of smelters and refiners 
sourcing from conflict -affected and high -risk areas. In its Article 19(2) , the EU Regulation 
confers powers upon the Commission to adopt delegated acts in respect of: (1) establishing 
and amending the import volume thresholds of minerals and metals, and (2) establishing the 
methodology and criteria for the recognition of supply  chain due diligence schemes.  
The EU Regulation lays down supply chain due diligence obligations in accordance with the 
OECD Due Diligence Guidance2 including its Annex II. These obligations apply to Union 
importers of minerals and metals as set out in Ann ex I of the EU Regulation. To ensure the 
proper functioning of the Union system, the power to adopt acts in accordance with Article 
290 of the Treaty on the Functioning of the European Union is delegated to the Commission 
in respect of amending Annex I by establishing and amending the volume thresholds of 
minerals and metals.  
The EU Regulation further stipulates that owners of supply chain due diligence schemes may 
apply to the Commission to have their schemes recognised as equivalent to the requirements 
of the EU Regulation. Such schemes should be aligned to the specific recommendations of the 
OECD Due Diligence Guidance. To facilitate the assessment of due diligence schemes that 
might be recognised under the EU Regulation, the power to adopt acts in accord ance with 
Article 290 of the Treaty on the Functioning of the European Union is delegated to the 
Commission in respect of establishing the methodology and criteria for that assessment for 
recognition.  
II. Legal Basis  
In line with Article 19(2) of Regulation (EU) 2017/821 of the European Parliament and of the 
Council of 17 May 2017, the Commission shall draw up a report to the Council and the 
European Parliament in respect of the delegation of power.   
III. Exercise of the Delegation  
The EU Regulation, through its Article 19(2), confers powers upon the Commission in order 
to implement the following provisions of this Regulation:  
- as regards the amendment of Annex I, by establishing the volume thresholds for 
tantalum or ni obium ores and concentrates, gold ores and concentrates, tin oxides and 
                                                 
1 OJ L 130, 19.5.2017,  p. 1.  
2 http://www.oecd.org/daf/inv/mne/mining.htm   
 
2 
 hydroxides, tantalates and carbides of tantalum, if feasible by 1 April 2020 but no later 
than 1 July 2020 (Article 1(4) of the EU Regulation);  
 
- as regards the amendment of existing th resholds listed in Annex I every three years 
after 1 January 2021 (Article 1(5) of the EU Regulation);  
 
- as regards supplementing this Regulation by setting out the methodology and criteria 
allowing the Commission to assess whether supply chain due diligenc e schemes 
facilitate the fulfilment of the requirements of this Regulation by economic operators 
and allowing the Commission to recognise schemes (Article 8(2) of the EU 
Regulation).  
 
The Commission has adopted two (2) delegated acts based on the EU Regula tion as follows:  
- Commission Delegated Regulation (EU) 2019/429 of 11 January 2019 supplementing 
Regulation (EU) 2017/821 of the European Parliament and of the Council as regards 
the methodology and criteria for the assessment and recognition of supply chai n due 
diligence schemes concerning tin, tantalum, tungsten and gold.3 
 
- Commission Delegated Regulation (EU) 2020/1588 of 25 June 2020 amending Annex 
I to Regulation (EU) 2017/821 of the European Parliament and of the Council by 
establishing volume threshol ds for tantalum or niobium ores and concentrates, gold 
ores and concentrates, tin oxides and hydroxides, tantalates and carbides of tantalum.4 
 
Delegated acts to amend the existing thresholds listed in Annex I of the EU Regulation have 
not been adopted so far, as the Commission is empowered to adopt them every three years 
after 1 January 2021, pursuant to Article 1(5) of the EU Regulation.  
IV. Conclusions  
The Commission invites the European Parliament and the Council to take note of this report 
in the conte xt of proper exercise by the Commission of the powers delegated by the EU 
Regulation.  
 
 
                                                 
3 OJ L 75, 19.3.2019,  p. 59.  
4 OJ L 360, 30.10.2020,  p. 1.