EU Regulation 2017/821 establishes due diligence obligations for EU importers of tin, tantalum, tungsten, and gold (3TG) originating from conflict-affected and high-risk areas (CAHRAs). The regulation has applied since January 2021 and covers approximately 95% of EU imports of these minerals.
Scope
The regulation applies to EU importers of 3TG minerals and metals above specified annual import volume thresholds. The thresholds are: tin (100 tonnes/year); tantalum (100 kg/year); tungsten (100 tonnes/year); gold (100 kg/year). Importers below these thresholds are encouraged to comply voluntarily. Note: diamonds are not covered by this regulation.
Due Diligence Obligations
In-scope EU importers must: establish a supply chain due diligence policy; identify and assess risks in their supply chain; implement a risk management strategy; conduct third-party audits of their supply chain due diligence; and report annually on their due diligence practices. Due diligence must follow the OECD Due Diligence Guidance for Responsible Mineral Supply Chains.