Guidance note to implement EU regulation 2017/821 relative to minerals from conflict-affected and high-risk areas

This law implements EU Regulation 2017/821, which aims to regulate the imports of gold, tin, tantalum and tungsten (3TG) from conflict or high-risk zones. The EU Regulation is rooted in the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas. The OECD Guidance covers all mining companies that do business in areas defined as conflict-affected or high-risk areas. Additional detailed recommendations have been issued to companies operating in the tin, tantalum, tungsten and gold industries.

The EU Regulation is based on a compliance approach by requiring due diligence efforts from importers. They must be transparent on the supply chain, share information with mandated independent authorities and monitor risks. 

This regulation directly applies to Spain’s national law without the need for an implementation law. A guidance note for the implementation of the regulation has been produced. The competent authorities in Spain to enforce this regulation are: the Subdirectorate-General for International Trade in Goods, Ministry of Industry, Trade and Tourism (MINCOTUR), and the Subdirectorate-General for Customs Management, Tax Agency (AEAT). The former is also responsible for conducting the subsequent checks and controls provided in the regulation. A check shall be carried out on each Spanish importer required by the Regulation at least once every 10 years.

The inspections shall consist of a documentary check, which may be supplemented by a physical check at the operator’s premises, to verify compliance with the supply chain due diligence obligations in accordance with the Regulation (in particular as regards the management system, risk management, independent external audit, and reporting). Non-compliances identified will require the development by the importer of a corrective action plan and monitoring by the competent authority to verify their correct implementation.

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