These Regulations implement and transpose Regulation (EU) No 2017/821 for the context of Northern Ireland which lays down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold (3TG) originating from conflict-affected and high risk areas to and in the UK in respect of Northern Ireland.
For the purposes of clarity, a 'Union Importer' is a body that imports minerals into Northern Ireland.
Please note also that the key operative provisions of the EU Regulation will not take effect in Great Britain and will not form an operative part of retained EU law. Therefore, the instrument is limited in its provision in the UK to Northern Ireland as required under the Northern Ireland Protocol.
The EU Regulation establishes supply chain due diligence obligations applicable to relevant importers of tin, tantalum, tungsten, their ores and gold originating from conflict-affected and high risk areas (known colloquially as conflict minerals). Whilst parts of the EU Regulation applied from 9 July 2017, its key operative provisions did not apply until 1 January 2021, and would take effect after the expiry of the Transition Period. The main requirements applicable since 1 January 2021 include the relevant due diligence obligations on business and the obligations upon Member State competent authorities to be responsible for the effective and uniform implementation of the EU Regulation throughout the Union.
The mining and trading of conflict minerals has been associated with a range of deplorable practices from human rights violations and abuses to illicit financing of conflict. These minerals are key components for modern technology and under the right conditions the mining of them can build both prosperity and security for local communities. Key to addressing risks of human rights violations and abuses and illicit financing of conflict linked to mineral supply chains is for businesses to conduct due diligence on their supply chains.
The EU Regulation puts the Organisation for Economic Co-operation and Development’s Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas onto a mandatory footing for the largest importers of conflict minerals. Guidance of the Organisation for Economic Co-operation and Development (OECD) promotes a risk-based approach for business to develop and monitor mineral purchasing decisions and practices to help business respect human rights and avoid contributing to conflict.
As such, the purpose of the EU Regulation is to break the link between conflict and the exploitation of conflict minerals and to put an end to abuses of local communities, including mine workers, often linked to violation of human rights. The Regulations therefore implement the requirements of the EU Regulation in relation to businesses importing tin, tantalum, tungsten and gold, above specified volume thresholds, in to Northern Ireland and establishes an enforcement framework for non-compliance with its procedural requirements.
