The accelerating green
and digital transitions have dramatically increased the European Union’s (EU’s)
demand for critical raw materials (CRMs), exposing the vulnerabilities of its
external supply chains. In response, the EU adopted the Critical Raw Materials
Act (CRMA), a far-reaching regulation aimed at strengthening domestic
capacities and reducing strategic dependencies. While much attention has been
given to the CMRA’s industrial and geopolitical ambitions, this article
examines a less explored but crucial question: can the EU – or its Member
States – lawfully restrict the export of domestically produced CRMs to preserve
internal supply? Addressing this issue requires navigating complex tensions
between the EU’s internal market freedoms and the imperative of strategic
autonomy. The article assesses the legal basis for export restrictions under EU
law, particularly in crisis scenarios, and considers how new instruments such
as the Internal Market Emergency and Resilience Act (IMERA) may reshape the
legal framework. In this context, joint procurement, strategic stockpiling, and
coordinated industrial policy emerge as essential tools – but must be carefully
designed to comply with EU competition rules. While the CRMA represents a
significant step toward greater resilience, its success will depend on the EU’s
ability to act cohesively – balancing legal constraints with urgent
geopolitical and economic imperatives.