The European Ombudswoman, Teresa Anjinho, has condemned the European Commission’s refusal to grant public access to documents related to a lithium mining project in Serbia, which sought fast-track status under the Critical Raw Materials Act. This decision, deemed as maladministration, follows complaints from individuals advocating for transparency regarding the assessment and selection process of the project located in the Jadar Valley. The Commission’s rationale for denying access was based on a presumption of non-disclosure, citing potential risks to the commercial interests of the involved mining company. However, the Ombudswoman’s inquiry revealed that much of the information in the documents was not commercially sensitive, and significant environmental data was present, which is subject to stricter transparency requirements.
The Ombudswoman emphasised the necessity for the Commission to justify its stance on the environmental impacts of the project, particularly given its potential to significantly affect the local ecosystem. The controversy surrounding the project further underscores the importance of public scrutiny in the Commission’s decision-making process regarding its strategic importance. This incident marks the second instance where the Ombudswoman has identified maladministration in the Commission’s handling of access requests related to strategic projects under the Critical Raw Materials Act. Previously, similar refusals were made concerning other projects seeking strategic status, particularly regarding their environmental compliance documentation.
Under the Critical Raw Materials Act, certain mining, processing, and recycling projects can be classified as ‘strategic projects’, allowing for expedited permit approvals. In 2025, the Commission identified 60 projects as strategic, with 13 located outside the EU, including the lithium extraction initiative in Serbia. For a project to achieve strategic designation, it must contribute meaningfully to the EU’s supply of critical raw materials and adhere to sustainable implementation practices.
Similar case
This is the second time the Ombudswoman has found maladministration for how the Commission handled an access request related to strategic projects under the Critical Raw Materials Act.
Relying on similar arguments, the Commission refused to give access to documents related to other projects that had applied for strategic status, in particular to their accompanying environmental compliance documents.
Background
Under the Critical Raw Materials Act, certain mining, processing and recycling projects can be recognised as ‘strategic projects’, which means permits to carry out the project should be granted as quickly as possible.
In 2025, the Commission designated 60 projects as strategic projects, of which 13 were located outside the EU, including the lithium extraction project in Serbia. On 9 October 2026, following a second call that received 102 applications, the Commission selected a further 46 strategic projects, all within the EU across 16 Member States. This brings the total to 106. The new projects cover 15 of the 17 strategic raw materials, including lithium, nickel, cobalt, manganese, graphite, tungsten and rare earth elements, and span extraction, processing and recycling.
To be designated strategic, a project must comply with certain criteria, including making a meaningful contribution to the EU’s supply of strategic raw materials and being implemented sustainably. By 2030, the Act’s benchmarks call for the EU to meet at least 10% of annual consumption through extraction, 40% through processing and 25% through recycling.
Sources: European Commission Representation in Luxembourg, 9 October 2026
