Implementation of the CRMA Continues: Mining Companies Must Submit New Waste Recovery Assessment Study in November 2026

Authors: Minna Juhola, Aleksi Maunumäki, Arttu Mononen Read time: 3 min

The Finnish Parliament has approved a new legislative package that implements several obligations from the EU Critical Raw Materials Act (CRMA) into national law. The new legislation is expected to come into effect in late 2026.

While most of the amendments are administrative, assigning tasks such as CRMA reporting, national exploration planning, and market surveillance to the relevant authorities, there are also new obligations for the mining operators.

The legislative reforms include a new Act on the Implementation and Supervision of Certain Obligations under the EU Critical Raw Materials Act (in Finnish: laki eräiden kriittisiä raaka-aineita koskevan Euroopan parlamentin ja neuvoston asetuksen mukaisten velvoitteiden toimeenpanosta ja valvonnasta). The package also amends, among other legislation, the Environmental Protection Act (in Finnish: ympäristönsuojelulaki) and the Land Extraction Act (in Finnish: maa-aineslaki). For mining operators, the amendment to the Environmental Protection Act is particularly relevant.

What Changes for Mining Operators?

Mining operators that are already obligated to prepare an extractive waste management plan (in Finnish: jätehuoltosuunnitelma) under the Environmental Protection Act will now also need to carry out a preliminary economic assessment study of whether critical raw materials could be recovered from their waste.

This assessment study covers waste already stored at the facility as well as waste generated by ongoing operations. The study must include estimates of the quantities and concentrations of critical raw materials in the extractive waste and extracted volume, together with an assessment of their technical and economic recoverability. Operators must also specify the methods used to estimate those quantities and concentrations. Operators are exempt if they can demonstrate, with a high degree of certainty, that the extractive waste does not contain technically recoverable critical raw materials. The assessment obligation does not apply to closed extractive waste facilities. In addition to the amendments to the Environmental Protection Act, a corresponding provision is being added to the Land Extraction Act. The assessment obligation therefore applies not only to mining companies but also to operators extracting materials under the Land Extraction Act who are obliged to prepare an extractive waste management plan. However, activities limited to the extraction of clay or topsoil are excluded.

In practice, mining operators must submit the assessment study to the Finnish Supervisory Agency (in Finnish: Lupa- ja valvontavirasto), which also approves the waste management plan. Existing facilities have until 24 November 2026 to submit the assessment in accordance with the deadline set directly by the CRMA. New operators must include the assessment alongside their waste management plan.

In the event of a failure to comply with the obligation to carry out the preliminary assessment study, the authorities may order the operator to conduct and submit the study and, ultimately, enforce such order by means of a conditional fine, while no criminal sanction would be imposed for failure to carry out the study.

It is important to note that the intention of the new obligation is to prepare a preliminary economic assessment study regarding the potential recovery of critical raw materials. It is not intended to require operators to undertake new recovery activities. The findings of the assessment study may however help operators to identify the potential economic value of critical raw materials in extractive waste and encourage its reuse.

Background to the Critical Raw Materials Act

The Critical Raw Materials Act (CRMA) entered into force on 23 May 2024. Its key objective is to decrease the EU’s dependency on imports of critical and strategic raw materials, many of which are essential to the green and digital transitions. By 2030, the EU aims to extract at least 10%, process at least 40%, and recycle at least 25% of its annual consumption of strategic raw materials within its own borders. The CRMA is to address these objectives through measures including streamlined permitting for strategic projects, national exploration programmes, and measures to improve the recovery and recycling of critical raw materials.

Although the CRMA is directly applicable in all Member States, some of its provisions require national implementing legislation to have practical effect. This includes aligning Finnish legislation with the CRMA and designating the competent supervisory authorities. In Finland, implementation of the CRMA has proceeded in stages. The permitting procedure for strategic projects is already in place, and the adoption of the reforms marks the next stage of Finland’s CRMA implementation.

Our dedicated Mining & Metals Team advises clients operating within the industry and is happy to discuss the amendment and its implications to mining operators in more detail.