Law implementing the EU regulation 2017/821 relative to conflict minerals

Country / jurisdiction: Belgium · Year: 2022 · Status: In force · Level: National · Type: Voluntary

This law implements EU Regulation 2017/821, which aims to regulate the importation of gold, tin, tantalum and tungsten (3TG) from conflict-affected 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 Belgium law lays down the planned sanctions for offenders. The Federal Public Service Economy is in charge of monitoring the compliance of EU importers. The sanction for non-compliance is a letter of demand and the establishment of an action plan to put an end to the infraction. For repetitive non-compliances, the offender receives a fine from EUR 250 to 50.000 depending on the severity and duration of the offences.

Official source: http://www.ejustice.just.fgov.be/eli/loi/2022/04/01/2022040901/moniteur