EU Regulation 2017/821 has been fully in force since January 2021. Five years on, the compliance infrastructure is maturing — but gaps remain, and enforcement is intensifying.
The Compliance Chain
The regulation requires EU importers of tin, tantalum, tungsten, and gold (3TG) above specified volume thresholds to conduct supply chain due diligence per the OECD Due Diligence Guidance. The compliance chain runs from: artisanal mine site in eastern DRC → local comptoir (trading house) → regional exporter → international smelter/refiner → EU importer.
At each stage, different due diligence obligations apply. Artisanal miners must register and operate within designated Zones d'Exploitation Artisanale. Comptoirs must be licensed and maintain traceability records. Exporters must tag and track mineral lots through the iTSCi system. Smelters must pass the RMAP (Responsible Minerals Assurance Process) audit. EU importers must file annual due diligence reports with their national competent authority.
The Cobalt Question
Cobalt is not technically a "conflict mineral" under the 3TG framework. But it is increasingly subject to human rights due diligence scrutiny due to child labour and artisanal mining conditions in southern Katanga. The EU's Corporate Sustainability Due Diligence Directive (CSDDD) will extend human rights due diligence obligations to cobalt supply chains — effectively treating cobalt with the same rigour as 3TG. With the DRC producing 70% of global cobalt and EV battery demand surging, the compliance implications are enormous.