MEMORANDUM OF UNDERSTANDING ON A PARTNERSHIP ON SUSTAINABLE VALUE CHAINS OF CRITICAL AND STRATEGIC RAW MATERIALS BETWEEN: THE EUROPEAN UNION REPRESENTED BY THE EUROPEAN COMMISSION AND THE DEMOCRATIC REPUBLIC OF THE CONGO

I. Objective

The European Union and the Democratic Republic of Congo (hereinafter referred to as the “Participants”) agree to establish a strategic partnership on sustainable value chains for critical and strategic raw materials (hereinafter referred to as the “Partnership”) by signing this Memorandum of Understanding (hereinafter referred to as the “Protocol”). Within the framework of the Partnership, the Participants intend to strengthen cooperation in the area of ​​sustainable global value chains, including value chains for critical and strategic raw materials, which support the clean energy and digital transitions.

The Participants are committed to improving the sustainability of global value chains and recognize that sustainable and responsible sourcing and processing of raw materials, particularly strategic and critical raw materials, which are mutually beneficial to the Participants, is an essential prerequisite for achieving the objectives of the ecological and digital transition.

II. Scope of the partnership and areas covered

The partnership covers strategic and critical non-energy and non-agricultural raw materials as listed in a non-exhaustive manner in the annex which are necessary for the clean and digital energy transition, throughout the value chain (prospecting, extraction, refining, processing, valorization and recycling), in accordance with the legislation in force.

This Memorandum of Understanding aims to define the framework for a joint commitment to strengthen cooperation in the area of ​​value chains for critical and strategic raw materials for the transition to clean energy in the following five (5) areas of collaboration:

1. The integration of sustainable value chains for raw materials, including networking, joint development of projects (e.g. through joint ventures), creation of new business models and promotion and facilitation of trade-investment linkages, support for economic diversification, ensuring the proper functioning, sustainability and resilience of these value chains;
2. The mobilization of funds for the development of the infrastructure necessary for the development of the raw materials value chain;
3. Cooperation to achieve sustainable and responsible production, supply and utilization of critical and strategic raw materials, including by strengthening governance, due diligence and traceability, cooperation in combating illegal international trafficking of raw materials and aligning with international environmental, social and governance (ESG) standards;
4. Cooperation in the field of research and innovation, as well as the sharing of related knowledge and technologies
   • to the prospecting, extraction, refining, processing, valorization and sustainable recycling of critical and strategic raw materials,
   • to the substitution of critical and strategic raw materials
   • and to the monitoring of supply-related risks.
5. Capacity building to enforce the regulatory framework, strengthening training and skills development related to the value chain of critical and strategic raw materials.

III. Implementation and monitoring

Within six months of the signing of the Protocol, the Participants will develop a roadmap. The roadmap aims to define concrete cooperative actions agreed upon by the Participants around the five pillars identified above, as well as the corresponding working arrangements.

The Participants will define and monitor the implementation of the roadmap through the joint EU-DRC multisectoral group established to negotiate this Memorandum of Understanding (hereinafter the “Working Group”). The Participants intend to hold Working Group meetings as often as necessary to finalize the initial roadmap, and subsequently twice a year to monitor its implementation, with the understanding that progress will be reported within the framework of the political dialogue between the EU and the Democratic Republic of the Congo. Any amendments to the annex to this Memorandum of Understanding will be communicated to the Participants through this Working Group. Similarly, an extraordinary meeting may be convened at the request of any Participant.

During the Working Group’s regular meetings, Participants will review progress made within the Partnership, examine potential new strategic directions for collaboration, and update the roadmap. Participants may, by mutual agreement, propose a ministerial-level meeting to address strategic issues.

IV. Legal framework

The Partnership is not intended to create rights or obligations under international or domestic law. In particular, nothing in this Protocol constitutes a commitment to

funding from either Participant.

Furthermore, this Partnership is not intended to represent a commitment by either Participant to grant preferential treatment to the other party on any matter contained in this Protocol.

The implementation of this Protocol and any other activity covered by it must comply with the laws, regulations, policies and internal procedures of each Participant, as well as the international commitments and obligations of each Participant.

The activities described in this Protocol will begin the day after its signature by both Participants.

Signed in Brussels on October 26, 2023, in two original copies in French, both of equal validity.

For the European Union  : Ms. Jutta Urpilainen   (Commissioner – International Partnerships)

For the Democratic Republic of Congo: Ms. Antoinette N’Samba Kalambayi  (Minister of Mines)

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