Understanding the French Conflict Minerals Regulation

In today’s global supply chain, transparency and ethical sourcing have become more than mere industry buzzwords—they’re compliance necessities. For manufacturers and importers operating in France or the broader EU, the French conflict minerals regulation sets forth clear due diligence expectations. Therefore, understanding these requirements and knowing how they compare to similar global obligations is crucial for maintaining compliance and protecting brand reputation.

What Are Conflict Minerals?

Conflict minerals are raw materials originating from areas of armed conflict and human rights abuse. The term typically refers to four minerals: tin, tungsten, tantalum, and gold, collectively known as 3TG.

These minerals are integral to various applications in the electronics sector, including smartphones, laptops, and other consumer electronics:

Tin (Cassiterite) is used in soldering electronic components.
Tungsten (Wolframite) has high-density properties and gives smartphones their vibration function.
Tantalum (Coltan) is essential in high-performance capacitors.
Gold provides reliable conductivity for connectors and switches.

While these minerals are key to manufacturing, their sourcing has historically funded violence in parts of Central Africa and elsewhere. That’s why France and the European Union, following the U.S. lead, have created regulatory frameworks to break this link.

Historical Context

The movement towards regulating conflict minerals gained momentum with the U.S. Dodd-Frank Act of 2010, which required companies to disclose their use of 3TG minerals sourced from the Democratic Republic of Congo (DRC) and neighboring countries. The EU built upon this foundation, expanding the scope to include all conflict-affected and high-risk areas (CAHRAs) globally.

French Conflict Minerals Regulation

France enforces conflict minerals regulation as part of the EU Regulation 2017/821, which came into force on January 1, 2021. This regulation applies directly to EU-based importers of 3TG minerals, especially when those materials are sourced from CAHRAs. These can include parts of Africa, South America, and Asia.

Unlike the U.S. Dodd-Frank Act, which applies to all publicly listed companies, the EU approach targets the upstream part of the supply chain. This means smelters, refiners, and importers are the primary obligated entities. However, French authorities encourage all economic actors, including electronics manufacturers and assemblers, to conduct due diligence.

Under French implementation, the Bureau de Recherches Géologiques et Minières (BRGM) and Ministère de la Transition Écologique offer guidance via the Mineralinfo.fr portal, which supports businesses with tools, country risk assessments, and due diligence templates.

Key Obligations of the French Conflict Minerals Regulation

The French conflict minerals regulation aligns with the Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017 laying down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas. Accordingly, the key requirements of the French conflict minerals regulation are:

Due Diligence: Importers must establish robust management systems to trace the origin of minerals.
Risk Assessment: Identifying and assessing risks in the supply chain is mandatory.
Risk Mitigation: Implement strategies to address identified risks, including disengaging from high-risk suppliers if necessary.
Third-Party Audits: Conduct independent audits to verify compliance.

While the regulation primarily targets importers, downstream companies, including electronics manufacturers, are encouraged to adopt similar due diligence practices to ensure ethical sourcing throughout the supply chain.

Do French Manufacturers Need to File a CMRT?

Although the EU regulation doesn’t legally require all downstream actors to file a Conflict Minerals Reporting Template (CMRT), the CMRT remains the standardized tool widely adopted by global companies to meet customer and partner expectations.

Developed by the Responsible Minerals Initiative (RMI), the CMRT helps businesses collect and report information on the use of conflict minerals. Consequently, it’s useful for:

Demonstrating due diligence to customers.
Mapping the supply chain, including smelters and refiners.
Communicating with non-EU partners who may operate under U.S. laws.

In practice, if you’re a manufacturer in France sourcing components from upstream suppliers, your clients, especially those exporting to the U.S., will often require you to provide a completed CMRT.

As a result, while it’s not a legal requirement under French law for everyone, providing a CMRT is often a commercial obligation to remain part of trusted supply chains.

Why France Supports Conflict Minerals Regulation?

France has several key reasons for aligning closely with EU-level conflict minerals policies:

Human Rights: Limiting funding to armed groups in fragile regions helps reduce violence and protect civilians.
Environmental Protection: Mining operations often use unsustainable methods, degrading land and water sources.
Corporate Accountability: French law, including the Duty of Vigilance Act, supports broader supply chain oversight obligations for multinational corporations.
Consumer Expectations: As consumer awareness grows, there is increasing pressure on brands to demonstrate ethical sourcing.

Notably, conflict minerals regulation is part of a broader trend in France toward sustainability, due diligence, and traceability. Moreover, it aligns with France’s long-standing commitment to human rights and responsible global development.

The French Approach vs. the U.S. Conflict Minerals Regulation

While both France (via the EU) and the United States aim to curb the trade in conflict minerals, they do so differently:

Feature	France (EU Regulation)	U.S. Dodd-Frank Act
Scope	Global (any CAHRA)	Limited to the Democratic Republic of Congo (DRC) + neighbors
Applies to	Importers of 3TG	SEC-registered companies
Template Used	CMRT (widely adopted)	CMRT (required)
Enforcement	National authorities	U.S. Securities and Exchange Commission (SEC)
Focus	Upstream supply chain	Whole supply chain

Subsequently, French conflict minerals regulation is more flexible in geographic scope but narrower in corporate application. However, due to globalization, many companies still align with both sets of rules, especially when selling across borders.

Tools and Support for French Businesses

To help companies meet their obligations, the French government and EU bodies provide several tools:

Mineralinfo.fr: France’s official portal for mineral resource policy, offering access to CAHRA maps, risk assessment methodologies, and best practices.
Due Diligence Ready!: An EU platform with videos, templates, and checklists.
OECD Guidance: The five-step framework from the OECD is considered the gold standard for mineral sourcing due diligence.
CMRT Template: Updated regularly by the RMI and accepted worldwide.

Especially, these resources are helpful for small and medium-sized enterprises (SMEs) that lack dedicated compliance teams.

Steps for Manufacturers and Importers

To align with the French conflict minerals regulation, companies should:

Map the Supply Chain: Identify all suppliers and the origin of 3TG minerals.
Implement Due Diligence Policies: Establish internal policies aligned with OECD guidelines.
Engage Suppliers: Communicate expectations and gather necessary information through tools like the CMRT.
Conduct Risk Assessments: Evaluate potential risks in the supply chain and develop mitigation strategies.

Report and Disclose: Maintain transparency by reporting findings to relevant authorities and stakeholders.

Final Thoughts on the French Conflict Minerals Regulation

Navigating the complexities of the French conflict minerals regulation is essential for manufacturers and importers. By understanding the requirements, utilizing tools like the CMRT and guidance from Mineralinfo.fr, and fostering transparent supply chains, companies can not only ensure compliance but also contribute to global efforts in promoting ethical sourcing and human rights.

If you have questions or need guidance on how to comply with the French conflict minerals regulation, contact Enviropass!