EU INITIATIVES ON EU INITIATIVES ON MINING WASTE MINING WASTE

Why an initiative on Why an initiative on Mining Waste ?Mining Waste ?

Key environmental issues:

Potential environmental risks during disposal Safety of waste facilities ( in particular dam stability) Operational waste management (acid mine drainage,

possible contamination of the environment)

Improve the management of waste Very big quantities Increase prevention, reuse and recycling

Why an initiative on Why an initiative on Mining Waste ?Mining Waste ?

Commitment of the Commission in the Commitment of the Commission in the Communication on the safety of mining Communication on the safety of mining

activities activities [COM(2000) 664 final][COM(2000) 664 final]

3 key initiatives3 key initiatives Seveso II (consultation process - Proposal in Seveso II (consultation process - Proposal in

2001)2001) Mining Waste Initiative (consultation process)Mining Waste Initiative (consultation process) BAT Reference Document on Tailings and BAT Reference Document on Tailings and

Waste-Rock (2003)Waste-Rock (2003)

European Parliament : Resolution on the European Parliament : Resolution on the Commission approach (July 2001)Commission approach (July 2001)

An amendment of the An amendment of the Seveso II DirectiveSeveso II Directive

Seveso II as an appropriate and an immediately Seveso II as an appropriate and an immediately available legislative tool for mining-related activities.available legislative tool for mining-related activities.

Include mineral processing of ores and tailing ponds Include mineral processing of ores and tailing ponds or dams used in connection with the mineral or dams used in connection with the mineral processing of ores. processing of ores.

The Directive (96/82/EC) excludes from its scope risks of accidents arising from the activities of the extractive industries concerned with exploration for, and the exploitation of, minerals in mines and quarries or by means of boreholes.

Mining Waste InitiativeMining Waste InitiativePresent Legal ContextPresent Legal Context

The Waste Framework Directive 91/156/ECestablishes that waste resulting from prospecting, extraction, treatment and storage of mineral resources and the working

of quarries shall be excluded from the scope of Directive where they are already covered by other Community

legislation.

Due to the absence of specific Community Due to the absence of specific Community legislation legislation on this type of on this type of waste, the waste, the

Framework Directive Framework Directive applies to waste from the applies to waste from the extractive industry. extractive industry. The The Commission Commission Communication clarifies this point.Communication clarifies this point.

Recent amendment to the EU hazardous List of Waste to include certain types of mining waste

(Commission Decision 2001/118/EC)

Mining Waste InitiativeMining Waste InitiativePresent Legal ContextPresent Legal Context

Waste Entries Classified as Hazardous:Waste Entries Classified as Hazardous:acid-generating tailings from processing of sulphide oreacid-generating tailings from processing of sulphide ore

other tailings containing dangerous substancesother tailings containing dangerous substances

other wastes containing dangerous substances from physical and other wastes containing dangerous substances from physical and chemical processing of metalliferous mineralschemical processing of metalliferous minerals

wastes containing dangerous substances from physical and chemical wastes containing dangerous substances from physical and chemical processing of non-metalliferous mineralsprocessing of non-metalliferous minerals

oil-containing drilling muds and wastes oil-containing drilling muds and wastes

drilling muds and other drilling wastes containing dangerous substancesdrilling muds and other drilling wastes containing dangerous substances

Landfill Directive 1999/31/ECLandfill Directive 1999/31/EC

The deposit of waste in a pond is a waste disposal The deposit of waste in a pond is a waste disposal operation covered by existing Directive on the landfill of operation covered by existing Directive on the landfill of waste. According to this Directive, the deposit of non-waste. According to this Directive, the deposit of non-hazardous inert waste resulting from prospecting and hazardous inert waste resulting from prospecting and extraction, treatment, and storage of mineral resources as extraction, treatment, and storage of mineral resources as from the operation of quarries is excluded from the scope from the operation of quarries is excluded from the scope of the Directive. However, waste from metal mining is of the Directive. However, waste from metal mining is generally not an inert waste. Thus, the Directive would generally not an inert waste. Thus, the Directive would apply. apply.

Problems raised by the implementation of the Landfill Problems raised by the implementation of the Landfill Directive to the disposal of mining waste.Directive to the disposal of mining waste.

Mining Waste InitiativeMining Waste InitiativePresent Legal ContextPresent Legal Context

Preparation of a legal instrument (Proposal for Preparation of a legal instrument (Proposal for a Directive on the 2001-2002 Commission Work a Directive on the 2001-2002 Commission Work Programme)Programme)

Initiative based on the provisions of the Initiative based on the provisions of the Landfill Directive (sections 2 and 3 of working Landfill Directive (sections 2 and 3 of working document)document)

Additional provisions foreseen for this waste Additional provisions foreseen for this waste stream (section 4)stream (section 4)

Mining Waste InitiativeMining Waste InitiativePROPOSED APPROACHPROPOSED APPROACH

Resolution of the Resolution of the European ParliamentEuropean Parliament

The EP supports the Commission's approach on using The EP supports the Commission's approach on using EU environmental legislative and other instruments in EU environmental legislative and other instruments in order to create a transparent and coherent framework for order to create a transparent and coherent framework for the safe operation of mining activities.the safe operation of mining activities.

The Parliament supports the establishment of an The Parliament supports the establishment of an inventoryinventory, based on a , based on a common risk assessmentcommon risk assessment method, method, of all active and abandoned mines and mining waste of all active and abandoned mines and mining waste disposals. disposals.

The Parliament is also of the opinion that Member States The Parliament is also of the opinion that Member States and the Community have a responsibility for restoring and the Community have a responsibility for restoring abandoned mines and tailings ponds, for which abandoned mines and tailings ponds, for which Structural Funds and other EU funding could be used.Structural Funds and other EU funding could be used.