EU INITIATIVES ON MINING WASTE

Why an initiative on Mining Waste ? Key environmental issues: l Potential environmental risks during disposal m Safety of waste facilities ( in particular dam stability) m Operational waste management (acid mine drainage, possible contamination of the environment) l Improve the management of waste m Very big quantities m Increase prevention, reuse and recycling

Why an initiative on Mining Waste ? Commitment of the Commission in the Communication on the safety of mining activities [COM(2000) 664 final] l 3 key initiatives m Seveso II (consultation process - Proposal in 2001) m Mining Waste Initiative (consultation process) m BAT Reference Document on Tailings and Waste-Rock (2003) l European Parliament : Resolution on the Commission approach (July 2001)

An amendment of the Seveso II Directive è Seveso II as an appropriate and an immediately available legislative tool for mining-related activities. è Include mineral processing of ores and tailing ponds or dams used in connection with the mineral 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 Initiative Present Legal Context The Waste Framework Directive 91/156/EC establishes 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. è Due to the absence of specific Community legislation on this type of waste, the Framework Directive applies to waste from the extractive industry. The Commission 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 Initiative Present Legal Context Waste Entries Classified as Hazardous: acid-generating tailings from processing of sulphide ore other tailings containing dangerous substances other wastes containing dangerous substances from physical and chemical processing of metalliferous minerals wastes containing dangerous substances from physical and chemical processing of non-metalliferous minerals oil-containing drilling muds and wastes drilling muds and other drilling wastes containing dangerous substances

Landfill Directive 1999/31/EC l The deposit of waste in a pond is a waste disposal operation covered by existing Directive on the landfill of waste. According to this Directive, the deposit of non- hazardous inert waste resulting from prospecting and extraction, treatment, and storage of mineral resources as from the operation of quarries is excluded from the scope of the Directive. However, waste from metal mining is generally not an inert waste. Thus, the Directive would apply. l Problems raised by the implementation of the Landfill Directive to the disposal of mining waste. Mining Waste Initiative Present Legal Context

l Preparation of a legal instrument (Proposal for a Directive on the Commission Work Programme) l Initiative based on the provisions of the Landfill Directive (sections 2 and 3 of working document) l Additional provisions foreseen for this waste stream (section 4) Mining Waste Initiative PROPOSED APPROACH

Resolution of the European Parliament l The EP supports the Commission's approach on using EU environmental legislative and other instruments in order to create a transparent and coherent framework for the safe operation of mining activities. l The Parliament supports the establishment of an inventory, based on a common risk assessment method, of all active and abandoned mines and mining waste disposals. l The Parliament is also of the opinion that Member States and the Community have a responsibility for restoring abandoned mines and tailings ponds, for which Structural Funds and other EU funding could be used.