Directive 2006/21 - Management of waste from extractive industries and amending Directive 2004/35/EC - Statement by the European Parliament, the Council and the Commission

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Contents

  1. Current status
  2. Key information
  3. Key dates
  4. Legislative text
  5. Original proposal
  6. Sources and disclaimer
  7. Full version
  8. EU Monitor

1.

Current status

This directive has been published on April 11, 2006, entered into force on May  1, 2006 and should have been implemented in national regulation on May  1, 2008 at the latest.

2.

Key information

official title

Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries and amending Directive 2004/35/EC - Statement by the European Parliament, the Council and the Commission
 
Legal instrument Directive
Number legal act Directive 2006/21
Original proposal COM(2003)319 EN
CELEX number221 32006L0021

3.

Key dates

Document 15-03-2006
Publication in Official Journal 11-04-2006; Special edition in Croatian: Chapter 15 Volume 034,Special edition in Romanian: Chapter 15 Volume 016,Special edition in Bulgarian: Chapter 15 Volume 016,OJ L 102, 11.4.2006
Effect 01-05-2006; Entry into force Date pub. + 20 See Art 26
End of validity 31-12-9999
Transposition 01-05-2008; At the latest See Art 25

4.

Legislative text

11.4.2006   

EN

Official Journal of the European Union

L 102/15
 

DIRECTIVE 2006/21/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 15 March 2006

on the management of waste from extractive industries and amending Directive 2004/35/EC

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (3), in the light of the joint text approved by the Conciliation Committee on 8 December 2005,

Whereas:

 

(1)

The Communication of the Commission entitled ‘Safe operation of mining activities: a follow-up to recent mining accidents’ sets out as one of its priority actions an initiative to regulate the management of waste from the extractive industries. This action is designed to complement initiatives pursuant to Directive 2003/105/EC of the European Parliament and of the Council of 16 December 2003 amending Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances (4) as well as the production of a best available technique document covering the management of waste rock and tailings from mining activities under the auspices of Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (5).
 

(2)

In its Resolution (6) of 5 July 2001 concerning that Communication, the European Parliament strongly supported the need for a Directive on waste from the extractive industries.
 

(3)

Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme (7) sets as the objective for wastes that are still generated that the level of their hazardousness should be reduced and that they should present as little risk as possible, that preference should be given to recovery and especially to recycling, that the quantity of waste for disposal should be minimised and should be safely disposed of, and that waste intended for disposal should be treated as closely as possible to the place of its generation to the extent that this does not lead to a decrease in the efficiency of waste treatment operations. Decision No 1600/2002/EC also prescribes as a priority action, with reference to accidents and disasters, the development of measures to help prevent major accident hazards, with special regard to those arising from mining, and the development of measures on mining waste. Decision No 1600/2002/EC also sets as a priority action the promotion of sustainable management of extractive industries with a view to reducing their environmental impact.
 

(4)

In accordance with the objectives of Community policy on the environment, it is necessary to lay down minimum requirements in order to prevent or reduce as far as possible any adverse effects on the environment or on human health which are brought about as a result of the management of waste from the extractive industries, such as tailings (i.e. the waste solids or slurries that remain after the treatment of minerals by a number of techniques), waste rock and overburden (i.e. the material that extractive operations move during the process of accessing an ore or mineral body, including during the pre-production development stage), and topsoil (i.e. the upper layer of the ground) provided that they constitute waste as defined in Council Directive 75/442/EEC of 15 July 1975 on waste (8).
 

(5)

In accordance with paragraph 24 of the Johannesburg Plan of Implementation on Sustainable Development adopted within the framework of the United Nations at the...


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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

Sources and disclaimer

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7.

Full version

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8.

EU Monitor

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  • 1. 
    EEA at themes.eea.eu.int/ Environmental_issues/waste/indicators/generation/index_html.

     
  • 2. 
    It should be borne in mind that throughout the world tailings dams have failed at an average rate of 1.7 per year over the past 30 years (see A D M Penman, Risk analyses of tailings dams constructions, paper presented at the Seminar on 'Safe Tailings Dams Constructions' held on 19-21 September 2001 in Gaellivare (Sweden), europa.eu.int/comm/environment/ waste/mining_dams_seminar.pdf).

     
  • 3. 
    The worst ever accident in the UK happened because of the collapse of a heap of inert waste from a coal mine in the town of Aberfan (Wales) in 1966. It caused the death of 144 people, mainly children.

     
  • 4. 
    On 19 July 1985 in Stava (Trento, Italy), a fluorite tailings dam failed and released 200,000
     
  • 5. 
    This accident involved the release into the Guadiamar river of 2 million
     
  • 6. 
    In Baia Mare a tailings pond burst led to approximately 100,000
     
  • 7. 
    These matters are set out in detail in section 5 of the Explanatory Memorandum.

     
  • 8. 
    COM(2000)664 final.

     
  • 9. 
    Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances (OJ L 10, 14.1.1997, p. 13).

     
  • 10. 
    Report of the International Task Force for Assessing the Baia Mare Accident, December 2000.

     
  • 11. 
    European Parliament resolution on the Commission communication on safe operation of mining activities: a follow-up to recent mining accidents, A5-0214/2001 of 19 June 2001.

     
  • 12. 
    COM(2001)624 final.

     
  • 13. 
    The Explanatory Memorandum of the Seveso II amending Proposal states: 'The Commission is aware of the fact that its Proposal might not cover tailings disposal facilities used in connection with mechanical processing operations, and that do not contain any other hazardous substances than those naturally present in the ground or subsoil, such as heavy metals. It proposes therefore to cover the safety aspects of such tailings disposal facilities through the initiative on the management of mining waste'.

     
  • 14. 
    For more information on the BAT Document, see eippcb.jrc.es/pages/ FActivities.htm.

     
  • 15. 
    This section is largely based on excerpts from the report of the 'Mining, Minerals and Sustainable Development' project, supported by the World Business Council on Sustainable Development.

     
  • 16. 
    Ibid.

     
  • 17. 
    Summary of technical information and examples for this section are mainly taken from the first draft of the BAT Document on 'Management of tailings and waste rock in mining activities' drawn up by the European IPPC Bureau located at the IPTS in Seville, September 2002. This section only gives a broad and simplified overview of the situation.

     
  • 18. 
    This example is taken from www.rheinbraun.de.

     
  • 19. 
    OJ L 194, 25.7.1975, p. 39. Directive as amended by Council Directive 91/156/EEC of 18 March 1991 (OJ L 78, 26.3.1991, p. 31).

     
  • 20. 
    Currently, there is a request for a preliminary ruling pending before the ECJ (C-114/01 Avesta Polarit) as to whether mining activities should be considered to be outside the scope of Directive 75/442/EEC as amended. The Commission, as well as the Finnish authorities, have submitted that the reference to 'other legislation' in Article 2(1)(b)(ii) of Directive 75/442/EEC as amended means 'other Community legislation', which would confirm that the Directive applies to the mining sector, given no relevant Community legislation on waste from the extractive industries exists at the moment. In contrast, Germany and the UK argue that the reference to 'legislation' means both national and EU legislation. The effect of their interpretation would mean that the mining sector is excluded from the scope of Directive 75/442/EEC (given that a considerable amount of national legislation already exists). The latter argument would go against the spirit and purpose of the Directive (as revised in 1991), which includes the achievement of a common Community definition of waste and a high level of environmental protection throughout the EU. The opinion of the Advocate-General, delivered on 10 April 2003, confirms the interpretation of the Commission.

     
  • 21. 
    In the light of the ECJ judgement in case C-9/00 (Palin Granit Oy), material such as topsoil, waste rock, overburden or tailings from extraction activities are waste when they fulfil the definition in Article 1(a) of Directive 75/442/EEC.

     
  • 22. 
    COM(1996)399 final.

     
  • 23. 
    It should be borne in mind that throughout the world tailings dams have failed at an average rate of 1.7 per year over the past 30 years (see A D M Penman, Risk analyses of tailings dams constructions, paper presented at the Seminar on 'Safe Tailings Dams Constructions' held on 19-21 September 2001 in Gaellivare (Sweden), europa.eu.int/comm/environment/ waste/mining_dams_seminar.pdf).

     
  • 24. 
    It should be borne in mind that throughout the world tailings dams have failed at an average rate of 1.7 per year over the past 30 years (see A D M Penman, Risk analyses of tailings dams constructions, paper presented at the Seminar on 'Safe Tailings Dams Constructions' held on 19-21 September 2001 in Gaellivare (Sweden), europa.eu.int/comm/environment/ waste/mining_dams_seminar.pdf).

     
  • 25. 
    OJ L 182, 16.7.1999, p. 1.

     
  • 26. 
    It should be borne in mind that throughout the world tailings dams have failed at an average rate of 1.7 per year over the past 30 years (see A D M Penman, Risk analyses of tailings dams constructions, paper presented at the Seminar on 'Safe Tailings Dams Constructions' held on 19-21 September 2001 in Gaellivare (Sweden), europa.eu.int/comm/environment/ waste/mining_dams_seminar.pdf).

     
  • 27. 
    Member States may also declare that they wish to take advantage of the option in the Landfill Directive to reduce the range of obligations that apply under that Directive in relation to the permanent underground storage of waste in deep geological cavity such as a salt or potassium mine (see Articles 2(f) and 3(5) of the Directive). However, this option is likely to be of practical benefit only to mines that have deep underground and impermeable corridors/shafts, and would not be of use to open cast type operations.

     
  • 28. 
    Tailings ponds are large earth-fill dams containing the residue (tailings) of the milling process to extract metals from mined ores. To obtain the valuable materials, the rock is ground into fine particles and mixed with water and chemicals to help them float out. The resulting fine slurry has the consistency of sand, clay and silt. It may contain sulphides which, when mixed with water in air, form acid.

     
  • 29. 
    OJ L 257, 10.10.1996, p. 26.

     
  • 30. 
    OJ L 10, 14.1.1997, p. 13.

     
  • 31. 
    COM(2001)624 final of 10.12.2001. This proposal is currently proceeding through the legislative process in the Council and the European Parliament. An amended proposal has been adopted by the Commission and political agreement has now been reached in the Council on a Common Position on it.

     
  • 32. 
    OJ L 327, 22.12.2000, p. 1.

     
  • 33. 
    OJ L 175, 5.7.1985, p. 40.

     
  • 34. 
    OJ L 73, 14.3.1997, p. 5.

     
  • 35. 
    For more detailed information, see Annex 7 of the report 'Management of mining, quarrying and ore-processing waste in the European Union', BRGM, December 2001, prepared on behalf of DG Environment and available at europa.eu.int/comm/environment/ waste/0204finalreportbrgm.pdf.

     
  • 36. 
    This section is based on the draft report of the PECOmines project ("Inventory, regulation and environmental impact of toxic mining wastes in pre-Accession Countries") drawn up by the PECOmines team in the Soil and Waste Unit at the JRC in Ispra: Tamás Hámor, Legislation of mining waste management in Central and Eastern European Candidate Countries, Ispra, March 2002 (unpublished).

     
  • 37. 
    EEA at themes.eea.eu.int/ Environmental_issues/waste/indicators/generation/index_html.

     
  • 38. 
    See in particular Articles 2, 6 and 174-176 TEC.

     
  • 39. 
    EEA at themes.eea.eu.int/ Environmental_issues/waste/indicators/generation/index_html.

     
  • 40. 
    OJ L 348, 28.11.1992, p. 9.

     
  • 41. 
    EEA at themes.eea.eu.int/ Environmental_issues/waste/indicators/generation/index_html.

     
  • 42. 
    OJ L 404, 31.12.1992, p. 10.

     
  • 43. 
    Commission Communication (COM (2000)424 final) providing a compendium of policy guidelines in specific areas or sectors of co-operation establishes, in its section 2.4 on 'Mineral resources development', that the sustainable development of the mineral sector relies, inter alia, on technical/financial assistance for 'development of environmental regulatory frameworks and their enforcement'.

     
  • 44. 
    It should be borne in mind that throughout the world tailings dams have failed at an average rate of 1.7 per year over the past 30 years (see A D M Penman, Risk analyses of tailings dams constructions, paper presented at the Seminar on 'Safe Tailings Dams Constructions' held on 19-21 September 2001 in Gaellivare (Sweden), europa.eu.int/comm/environment/ waste/mining_dams_seminar.pdf).

     
  • 45. 
    This accident involved the release into the Guadiamar river of 2 million
     
  • 46. 
    In Baia Mare a tailings pond burst led to approximately 100,000
     
  • 47. 
    United Nations Convention of 25 June 1998 on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters.

     
  • 48. 
    In Baia Mare a tailings pond burst led to approximately 100,000
     
  • 49. 
    www.cyanidecode.org/ .

     
  • 50. 
    This accident involved the release into the Guadiamar river of 2 million
     
  • 51. 
    Directive .../.../EC of
     
  • 52. 
    OJ L 194, 25.7.1975, p. 39. Directive as last amended by Commission Decision 96/350/EC of 24 May 1996 adapting Annexes IIA and IIB thereto (OJ L 135, 6.6.1996, p. 32).

     
  • 53. 
    OJ L 377, 31.12.1991, p. 20. Directive as amended by Council Directive 94/31/EC of 27 June 1994 (OJ L 168, 2.7.1994, p. 28).

     
  • 54. 
    OJ L 182, 16.7.1999, p. 1.

     
  • 55. 
    OJ L 332, 28.12.2000, p. 91.

     
  • 56. 
    It should be borne in mind that throughout the world tailings dams have failed at an average rate of 1.7 per year over the past 30 years (see A D M Penman, Risk analyses of tailings dams constructions, paper presented at the Seminar on 'Safe Tailings Dams Constructions' held on 19-21 September 2001 in Gaellivare (Sweden), europa.eu.int/comm/environment/ waste/mining_dams_seminar.pdf).

     
  • 57. 
    Financial evaluation of a Proposal for a Directive on waste from the extractive industry, Symonds Group, November 2002. The cost estimates cited in the text above come from an updating exercise undertaken in April 2003 based on the revised Proposal for a Directive.

     
  • 58. 
    The concept of Net Present Value is widely used by financial analysts to compare different cash flows (i.e. sequences of costs and/or receipts spread over differing periods of years). It calculates a sum of today's money which represents a specified cash flow at a specified rate of interest. It therefore takes into account the cost of borrowing and/or using money, and the fact that a Euro in the hand is worth more than a promise of a Euro at some future point.

     
  • 59. 
    A study on the costs of improving the management of mining waste, Symonds Group, October 2001 (available at europa.eu.int/comm/environment/ waste/studies/mining/mining_cost.pdf). The costs assumptions made in this study considered the situation in the extractive industry sectors prior to the entry into force of the provisions of the Landfill Directive.

     
  • 60. 
    www.uepg.org

     
  • 61. 
    europa.eu.int/comm/ environment/ waste/ mining.htm.

     
  • 62. 
    EEA at themes.eea.eu.int/ Environmental_issues/waste/indicators/generation/index_html.

     
  • 63. 
    OJ C ..., ..., p. ...

     
  • 64. 
    OJ C ..., ..., p. ...

     
  • 65. 
    OJ C ..., ..., p. ...

     
  • 66. 
    Opinion of the European Parliament of
     
  • 67. 
    COM(2000) 664 final.

     
  • 68. 
    OJ L 10, 14.1.1997, p. 13.

     
  • 69. 
    OJ L 257, 10.10.1996, p. 26.

     
  • 70. 
    OJ L 242, 10.9.2002, p. 1.

     
  • 71. 
    OJ L 194, 25.7.1975, p. 39. Directive as last amended by Commission Decision 96/350/EC (OJ L 135, 6.6.1996, p. 32).

     
  • 72. 
    OJ L 182, 16.7.1999, p. 1.

     
  • 73. 
    OJ L 327, 22.2.2000, p. 1. Directive as amended by Decision No 2455/2001/EC (OJ L 331,15.12.2001, p. 1).

     
  • 74. 
    Directive .../.../EC of
     
  • 75. 
    OJ L 184, 17.7.1999, p. 23.

     
  • 76. 
    It should be borne in mind that throughout the world tailings dams have failed at an average rate of 1.7 per year over the past 30 years (see A D M Penman, Risk analyses of tailings dams constructions, paper presented at the Seminar on 'Safe Tailings Dams Constructions' held on 19-21 September 2001 in Gaellivare (Sweden), europa.eu.int/comm/environment/ waste/mining_dams_seminar.pdf).

     
  • 77. 
    EEA at themes.eea.eu.int/ Environmental_issues/waste/indicators/generation/index_html.

     
  • 78. 
    On 19 July 1985 in Stava (Trento, Italy), a fluorite tailings dam failed and released 200,000
     
  • 79. 
    OJ L 377, 31.12.1991, p. 20. Directive as amended by Council Directive 94/31/EC of 27 June 1994 (OJ L 168, 2.7.1994, p. 28).

     
  • 80. 
    OJ P 196, 16.8.1967, p. l.

     
  • 81. 
    OJ L 200, 30.7.1999, p. 1.

     
  • 82. 
    European Parliament resolution on the Commission communication on safe operation of mining activities: a follow-up to recent mining accidents, A5-0214/2001 of 19 June 2001.

     
  • 83. 
    EEA at themes.eea.eu.int/ Environmental_issues/waste/indicators/generation/index_html.

     
  • 84. 
    It should be borne in mind that throughout the world tailings dams have failed at an average rate of 1.7 per year over the past 30 years (see A D M Penman, Risk analyses of tailings dams constructions, paper presented at the Seminar on 'Safe Tailings Dams Constructions' held on 19-21 September 2001 in Gaellivare (Sweden), europa.eu.int/comm/environment/ waste/mining_dams_seminar.pdf).

     
  • 85. 
    In Baia Mare a tailings pond burst led to approximately 100,000
     
  • 86. 
    These matters are set out in detail in section 5 of the Explanatory Memorandum.

     
  • 87. 
    OJ L 348, 28.11.1992, p. 9.

     
  • 88. 
    OJ L 404, 31.12.1992, p. 10.

     
  • 89. 
    The worst ever accident in the UK happened because of the collapse of a heap of inert waste from a coal mine in the town of Aberfan (Wales) in 1966. It caused the death of 144 people, mainly children.

     
  • 90. 
    EEA at themes.eea.eu.int/ Environmental_issues/waste/indicators/generation/index_html.

     
  • 91. 
    OJ L 41, 14.2.2003, p. 26.

     
  • 92. 
    It should be borne in mind that throughout the world tailings dams have failed at an average rate of 1.7 per year over the past 30 years (see A D M Penman, Risk analyses of tailings dams constructions, paper presented at the Seminar on 'Safe Tailings Dams Constructions' held on 19-21 September 2001 in Gaellivare (Sweden), europa.eu.int/comm/environment/ waste/mining_dams_seminar.pdf).

     
  • 93. 
    OJ L 129, 18.5.1976, p. 23.

     
  • 94. 
    OJ L 20, 26.1.1980, p. 43.

     
  • 95. 
    The worst ever accident in the UK happened because of the collapse of a heap of inert waste from a coal mine in the town of Aberfan (Wales) in 1966. It caused the death of 144 people, mainly children.

     
  • 96. 
    Directive .../.../EC of
     
  • 97. 
    On 19 July 1985 in Stava (Trento, Italy), a fluorite tailings dam failed and released 200,000
     
  • 98. 
    It should be borne in mind that throughout the world tailings dams have failed at an average rate of 1.7 per year over the past 30 years (see A D M Penman, Risk analyses of tailings dams constructions, paper presented at the Seminar on 'Safe Tailings Dams Constructions' held on 19-21 September 2001 in Gaellivare (Sweden), europa.eu.int/comm/environment/ waste/mining_dams_seminar.pdf).

     
  • 99. 
    The worst ever accident in the UK happened because of the collapse of a heap of inert waste from a coal mine in the town of Aberfan (Wales) in 1966. It caused the death of 144 people, mainly children.

     
  • 100. 
    In Baia Mare a tailings pond burst led to approximately 100,000
     
  • 101. 
    It should be borne in mind that throughout the world tailings dams have failed at an average rate of 1.7 per year over the past 30 years (see A D M Penman, Risk analyses of tailings dams constructions, paper presented at the Seminar on 'Safe Tailings Dams Constructions' held on 19-21 September 2001 in Gaellivare (Sweden), europa.eu.int/comm/environment/ waste/mining_dams_seminar.pdf).

     
  • 102. 
    This accident involved the release into the Guadiamar river of 2 million
     
  • 103. 
    In Baia Mare a tailings pond burst led to approximately 100,000
     
  • 104. 
    On 19 July 1985 in Stava (Trento, Italy), a fluorite tailings dam failed and released 200,000
     
  • 105. 
    It should be borne in mind that throughout the world tailings dams have failed at an average rate of 1.7 per year over the past 30 years (see A D M Penman, Risk analyses of tailings dams constructions, paper presented at the Seminar on 'Safe Tailings Dams Constructions' held on 19-21 September 2001 in Gaellivare (Sweden), europa.eu.int/comm/environment/ waste/mining_dams_seminar.pdf).

     
  • 106. 
    It should be borne in mind that throughout the world tailings dams have failed at an average rate of 1.7 per year over the past 30 years (see A D M Penman, Risk analyses of tailings dams constructions, paper presented at the Seminar on 'Safe Tailings Dams Constructions' held on 19-21 September 2001 in Gaellivare (Sweden), europa.eu.int/comm/environment/ waste/mining_dams_seminar.pdf).

     
  • 107. 
    In Baia Mare a tailings pond burst led to approximately 100,000
     
  • 108. 
    EEA at themes.eea.eu.int/ Environmental_issues/waste/indicators/generation/index_html.

     
  • 109. 
    It should be borne in mind that throughout the world tailings dams have failed at an average rate of 1.7 per year over the past 30 years (see A D M Penman, Risk analyses of tailings dams constructions, paper presented at the Seminar on 'Safe Tailings Dams Constructions' held on 19-21 September 2001 in Gaellivare (Sweden), europa.eu.int/comm/environment/ waste/mining_dams_seminar.pdf).

     
  • 110. 
    OJ L 203, 28.7.2001, p. 18.

     
  • 111. 
    EEA at themes.eea.eu.int/ Environmental_issues/waste/indicators/generation/index_html.

     
  • 112. 
    It should be borne in mind that throughout the world tailings dams have failed at an average rate of 1.7 per year over the past 30 years (see A D M Penman, Risk analyses of tailings dams constructions, paper presented at the Seminar on 'Safe Tailings Dams Constructions' held on 19-21 September 2001 in Gaellivare (Sweden), europa.eu.int/comm/environment/ waste/mining_dams_seminar.pdf).

     
  • 113. 
    The worst ever accident in the UK happened because of the collapse of a heap of inert waste from a coal mine in the town of Aberfan (Wales) in 1966. It caused the death of 144 people, mainly children.

     
  • 114. 
    On 19 July 1985 in Stava (Trento, Italy), a fluorite tailings dam failed and released 200,000
     
  • 115. 
    This accident involved the release into the Guadiamar river of 2 million
     
  • 116. 
    In Baia Mare a tailings pond burst led to approximately 100,000
     
  • 117. 
    These matters are set out in detail in section 5 of the Explanatory Memorandum.

     
  • 118. 
    COM(2000)664 final.

     
  • 119. 
    Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances (OJ L 10, 14.1.1997, p. 13).

     
  • 120. 
    Report of the International Task Force for Assessing the Baia Mare Accident, December 2000.

     
  • 121. 
    European Parliament resolution on the Commission communication on safe operation of mining activities: a follow-up to recent mining accidents, A5-0214/2001 of 19 June 2001.

     
  • 122. 
    COM(2001)624 final.

     
  • 123. 
    The Explanatory Memorandum of the Seveso II amending Proposal states: 'The Commission is aware of the fact that its Proposal might not cover tailings disposal facilities used in connection with mechanical processing operations, and that do not contain any other hazardous substances than those naturally present in the ground or subsoil, such as heavy metals. It proposes therefore to cover the safety aspects of such tailings disposal facilities through the initiative on the management of mining waste'.

     
  • 124. 
    For more information on the BAT Document, see eippcb.jrc.es/pages/ FActivities.htm.

     
  • 125. 
    This section is largely based on excerpts from the report of the 'Mining, Minerals and Sustainable Development' project, supported by the World Business Council on Sustainable Development.

     
  • 126. 
    Ibid.

     
  • 127. 
    Summary of technical information and examples for this section are mainly taken from the first draft of the BAT Document on 'Management of tailings and waste rock in mining activities' drawn up by the European IPPC Bureau located at the IPTS in Seville, September 2002. This section only gives a broad and simplified overview of the situation.

     
  • 128. 
    This example is taken from www.rheinbraun.de.

     
  • 129. 
    OJ L 194, 25.7.1975, p. 39. Directive as amended by Council Directive 91/156/EEC of 18 March 1991 (OJ L 78, 26.3.1991, p. 31).

     
  • 130. 
    Currently, there is a request for a preliminary ruling pending before the ECJ (C-114/01 Avesta Polarit) as to whether mining activities should be considered to be outside the scope of Directive 75/442/EEC as amended. The Commission, as well as the Finnish authorities, have submitted that the reference to 'other legislation' in Article 2(1)(b)(ii) of Directive 75/442/EEC as amended means 'other Community legislation', which would confirm that the Directive applies to the mining sector, given no relevant Community legislation on waste from the extractive industries exists at the moment. In contrast, Germany and the UK argue that the reference to 'legislation' means both national and EU legislation. The effect of their interpretation would mean that the mining sector is excluded from the scope of Directive 75/442/EEC (given that a considerable amount of national legislation already exists). The latter argument would go against the spirit and purpose of the Directive (as revised in 1991), which includes the achievement of a common Community definition of waste and a high level of environmental protection throughout the EU. The opinion of the Advocate-General, delivered on 10 April 2003, confirms the interpretation of the Commission.

     
  • 131. 
    In the light of the ECJ judgement in case C-9/00 (Palin Granit Oy), material such as topsoil, waste rock, overburden or tailings from extraction activities are waste when they fulfil the definition in Article 1(a) of Directive 75/442/EEC.

     
  • 132. 
    COM(1996)399 final.

     
  • 133. 
    It should be borne in mind that throughout the world tailings dams have failed at an average rate of 1.7 per year over the past 30 years (see A D M Penman, Risk analyses of tailings dams constructions, paper presented at the Seminar on 'Safe Tailings Dams Constructions' held on 19-21 September 2001 in Gaellivare (Sweden), europa.eu.int/comm/environment/ waste/mining_dams_seminar.pdf).

     
  • 134. 
    It should be borne in mind that throughout the world tailings dams have failed at an average rate of 1.7 per year over the past 30 years (see A D M Penman, Risk analyses of tailings dams constructions, paper presented at the Seminar on 'Safe Tailings Dams Constructions' held on 19-21 September 2001 in Gaellivare (Sweden), europa.eu.int/comm/environment/ waste/mining_dams_seminar.pdf).

     
  • 135. 
    OJ L 182, 16.7.1999, p. 1.

     
  • 136. 
    It should be borne in mind that throughout the world tailings dams have failed at an average rate of 1.7 per year over the past 30 years (see A D M Penman, Risk analyses of tailings dams constructions, paper presented at the Seminar on 'Safe Tailings Dams Constructions' held on 19-21 September 2001 in Gaellivare (Sweden), europa.eu.int/comm/environment/ waste/mining_dams_seminar.pdf).

     
  • 137. 
    Member States may also declare that they wish to take advantage of the option in the Landfill Directive to reduce the range of obligations that apply under that Directive in relation to the permanent underground storage of waste in deep geological cavity such as a salt or potassium mine (see Articles 2(f) and 3(5) of the Directive). However, this option is likely to be of practical benefit only to mines that have deep underground and impermeable corridors/shafts, and would not be of use to open cast type operations.

     
  • 138. 
    Tailings ponds are large earth-fill dams containing the residue (tailings) of the milling process to extract metals from mined ores. To obtain the valuable materials, the rock is ground into fine particles and mixed with water and chemicals to help them float out. The resulting fine slurry has the consistency of sand, clay and silt. It may contain sulphides which, when mixed with water in air, form acid.

     
  • 139. 
    OJ L 257, 10.10.1996, p. 26.

     
  • 140. 
    OJ L 10, 14.1.1997, p. 13.

     
  • 141. 
    COM(2001)624 final of 10.12.2001. This proposal is currently proceeding through the legislative process in the Council and the European Parliament. An amended proposal has been adopted by the Commission and political agreement has now been reached in the Council on a Common Position on it.

     
  • 142. 
    OJ L 327, 22.12.2000, p. 1.

     
  • 143. 
    OJ L 175, 5.7.1985, p. 40.

     
  • 144. 
    OJ L 73, 14.3.1997, p. 5.

     
  • 145. 
    For more detailed information, see Annex 7 of the report 'Management of mining, quarrying and ore-processing waste in the European Union', BRGM, December 2001, prepared on behalf of DG Environment and available at europa.eu.int/comm/environment/ waste/0204finalreportbrgm.pdf.

     
  • 146. 
    This section is based on the draft report of the PECOmines project ("Inventory, regulation and environmental impact of toxic mining wastes in pre-Accession Countries") drawn up by the PECOmines team in the Soil and Waste Unit at the JRC in Ispra: Tamás Hámor, Legislation of mining waste management in Central and Eastern European Candidate Countries, Ispra, March 2002 (unpublished).

     
  • 147. 
    EEA at themes.eea.eu.int/ Environmental_issues/waste/indicators/generation/index_html.

     
  • 148. 
    See in particular Articles 2, 6 and 174-176 TEC.

     
  • 149. 
    EEA at themes.eea.eu.int/ Environmental_issues/waste/indicators/generation/index_html.

     
  • 150. 
    OJ L 348, 28.11.1992, p. 9.

     
  • 151. 
    EEA at themes.eea.eu.int/ Environmental_issues/waste/indicators/generation/index_html.

     
  • 152. 
    OJ L 404, 31.12.1992, p. 10.

     
  • 153. 
    Commission Communication (COM (2000)424 final) providing a compendium of policy guidelines in specific areas or sectors of co-operation establishes, in its section 2.4 on 'Mineral resources development', that the sustainable development of the mineral sector relies, inter alia, on technical/financial assistance for 'development of environmental regulatory frameworks and their enforcement'.

     
  • 154. 
    It should be borne in mind that throughout the world tailings dams have failed at an average rate of 1.7 per year over the past 30 years (see A D M Penman, Risk analyses of tailings dams constructions, paper presented at the Seminar on 'Safe Tailings Dams Constructions' held on 19-21 September 2001 in Gaellivare (Sweden), europa.eu.int/comm/environment/ waste/mining_dams_seminar.pdf).

     
  • 155. 
    This accident involved the release into the Guadiamar river of 2 million
     
  • 156. 
    In Baia Mare a tailings pond burst led to approximately 100,000
     
  • 157. 
    United Nations Convention of 25 June 1998 on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters.

     
  • 158. 
    In Baia Mare a tailings pond burst led to approximately 100,000
     
  • 159. 
    www.cyanidecode.org/ .

     
  • 160. 
    This accident involved the release into the Guadiamar river of 2 million
     
  • 161. 
    Directive .../.../EC of
     
  • 162. 
    OJ L 194, 25.7.1975, p. 39. Directive as last amended by Commission Decision 96/350/EC of 24 May 1996 adapting Annexes IIA and IIB thereto (OJ L 135, 6.6.1996, p. 32).

     
  • 163. 
    OJ L 377, 31.12.1991, p. 20. Directive as amended by Council Directive 94/31/EC of 27 June 1994 (OJ L 168, 2.7.1994, p. 28).

     
  • 164. 
    OJ L 182, 16.7.1999, p. 1.

     
  • 165. 
    OJ L 332, 28.12.2000, p. 91.

     
  • 166. 
    It should be borne in mind that throughout the world tailings dams have failed at an average rate of 1.7 per year over the past 30 years (see A D M Penman, Risk analyses of tailings dams constructions, paper presented at the Seminar on 'Safe Tailings Dams Constructions' held on 19-21 September 2001 in Gaellivare (Sweden), europa.eu.int/comm/environment/ waste/mining_dams_seminar.pdf).

     
  • 167. 
    Financial evaluation of a Proposal for a Directive on waste from the extractive industry, Symonds Group, November 2002. The cost estimates cited in the text above come from an updating exercise undertaken in April 2003 based on the revised Proposal for a Directive.

     
  • 168. 
    The concept of Net Present Value is widely used by financial analysts to compare different cash flows (i.e. sequences of costs and/or receipts spread over differing periods of years). It calculates a sum of today's money which represents a specified cash flow at a specified rate of interest. It therefore takes into account the cost of borrowing and/or using money, and the fact that a Euro in the hand is worth more than a promise of a Euro at some future point.

     
  • 169. 
    A study on the costs of improving the management of mining waste, Symonds Group, October 2001 (available at europa.eu.int/comm/environment/ waste/studies/mining/mining_cost.pdf). The costs assumptions made in this study considered the situation in the extractive industry sectors prior to the entry into force of the provisions of the Landfill Directive.

     
  • 170. 
    www.uepg.org

     
  • 171. 
    europa.eu.int/comm/ environment/ waste/ mining.htm.

     
  • 172. 
    EEA at themes.eea.eu.int/ Environmental_issues/waste/indicators/generation/index_html.

     
  • 173. 
    OJ C ..., ..., p. ...

     
  • 174. 
    OJ C ..., ..., p. ...

     
  • 175. 
    OJ C ..., ..., p. ...

     
  • 176. 
    Opinion of the European Parliament of
     
  • 177. 
    COM(2000) 664 final.

     
  • 178. 
    OJ L 10, 14.1.1997, p. 13.

     
  • 179. 
    OJ L 257, 10.10.1996, p. 26.

     
  • 180. 
    OJ L 242, 10.9.2002, p. 1.

     
  • 181. 
    OJ L 194, 25.7.1975, p. 39. Directive as last amended by Commission Decision 96/350/EC (OJ L 135, 6.6.1996, p. 32).

     
  • 182. 
    OJ L 182, 16.7.1999, p. 1.

     
  • 183. 
    OJ L 327, 22.2.2000, p. 1. Directive as amended by Decision No 2455/2001/EC (OJ L 331,15.12.2001, p.

    1).

     
  • 184. 
    Directive .../.../EC of
     
  • 185. 
    OJ L 184, 17.7.1999, p. 23.

     
  • 186. 
    It should be borne in mind that throughout the world tailings dams have failed at an average rate of 1.7 per year over the past 30 years (see A D M Penman, Risk analyses of tailings dams constructions, paper presented at the Seminar on 'Safe Tailings Dams Constructions' held on 19-21 September 2001 in Gaellivare (Sweden), europa.eu.int/comm/environment/ waste/mining_dams_seminar.pdf).

     
  • 187. 
    EEA at themes.eea.eu.int/ Environmental_issues/waste/indicators/generation/index_html.

     
  • 188. 
    On 19 July 1985 in Stava (Trento, Italy), a fluorite tailings dam failed and released 200,000
     
  • 189. 
    OJ L 377, 31.12.1991, p. 20. Directive as amended by Council Directive 94/31/EC of 27 June 1994 (OJ L 168, 2.7.1994, p. 28).

     
  • 190. 
    OJ P 196, 16.8.1967, p. l.

     
  • 191. 
    OJ L 200, 30.7.1999, p. 1.

     
  • 192. 
    European Parliament resolution on the Commission communication on safe operation of mining activities: a follow-up to recent mining accidents, A5-0214/2001 of 19 June 2001.

     
  • 193. 
    EEA at themes.eea.eu.int/ Environmental_issues/waste/indicators/generation/index_html.

     
  • 194. 
    It should be borne in mind that throughout the world tailings dams have failed at an average rate of 1.7 per year over the past 30 years (see A D M Penman, Risk analyses of tailings dams constructions, paper presented at the Seminar on 'Safe Tailings Dams Constructions' held on 19-21 September 2001 in Gaellivare (Sweden), europa.eu.int/comm/environment/ waste/mining_dams_seminar.pdf).

     
  • 195. 
    In Baia Mare a tailings pond burst led to approximately 100,000
     
  • 196. 
    These matters are set out in detail in section 5 of the Explanatory Memorandum.

     
  • 197. 
    OJ L 348, 28.11.1992, p. 9.

     
  • 198. 
    OJ L 404, 31.12.1992, p. 10.

     
  • 199. 
    The worst ever accident in the UK happened because of the collapse of a heap of inert waste from a coal mine in the town of Aberfan (Wales) in 1966. It caused the death of 144 people, mainly children.

     
  • 200. 
    EEA at themes.eea.eu.int/ Environmental_issues/waste/indicators/generation/index_html.

     
  • 201. 
    OJ L 41, 14.2.2003, p. 26.

     
  • 202. 
    It should be borne in mind that throughout the world tailings dams have failed at an average rate of 1.7 per year over the past 30 years (see A D M Penman, Risk analyses of tailings dams constructions, paper presented at the Seminar on 'Safe Tailings Dams Constructions' held on 19-21 September 2001 in Gaellivare (Sweden), europa.eu.int/comm/environment/ waste/mining_dams_seminar.pdf).

     
  • 203. 
    OJ L 129, 18.5.1976, p. 23.

     
  • 204. 
    OJ L 20, 26.1.1980, p. 43.

     
  • 205. 
    The worst ever accident in the UK happened because of the collapse of a heap of inert waste from a coal mine in the town of Aberfan (Wales) in 1966. It caused the death of 144 people, mainly children.

     
  • 206. 
    Directive .../.../EC of
     
  • 207. 
    On 19 July 1985 in Stava (Trento, Italy), a fluorite tailings dam failed and released 200,000
     
  • 208. 
    It should be borne in mind that throughout the world tailings dams have failed at an average rate of 1.7 per year over the past 30 years (see A D M Penman, Risk analyses of tailings dams constructions, paper presented at the Seminar on 'Safe Tailings Dams Constructions' held on 19-21 September 2001 in Gaellivare (Sweden), europa.eu.int/comm/environment/ waste/mining_dams_seminar.pdf).

     
  • 209. 
    The worst ever accident in the UK happened because of the collapse of a heap of inert waste from a coal mine in the town of Aberfan (Wales) in 1966. It caused the death of 144 people, mainly children.

     
  • 210. 
    In Baia Mare a tailings pond burst led to approximately 100,000
     
  • 211. 
    It should be borne in mind that throughout the world tailings dams have failed at an average rate of 1.7 per year over the past 30 years (see A D M Penman, Risk analyses of tailings dams constructions, paper presented at the Seminar on 'Safe Tailings Dams Constructions' held on 19-21 September 2001 in Gaellivare (Sweden), europa.eu.int/comm/environment/ waste/mining_dams_seminar.pdf).

     
  • 212. 
    This accident involved the release into the Guadiamar river of 2 million
     
  • 213. 
    In Baia Mare a tailings pond burst led to approximately 100,000
     
  • 214. 
    On 19 July 1985 in Stava (Trento, Italy), a fluorite tailings dam failed and released 200,000
     
  • 215. 
    It should be borne in mind that throughout the world tailings dams have failed at an average rate of 1.7 per year over the past 30 years (see A D M Penman, Risk analyses of tailings dams constructions, paper presented at the Seminar on 'Safe Tailings Dams Constructions' held on 19-21 September 2001 in Gaellivare (Sweden), europa.eu.int/comm/environment/ waste/mining_dams_seminar.pdf).

     
  • 216. 
    It should be borne in mind that throughout the world tailings dams have failed at an average rate of 1.7 per year over the past 30 years (see A D M Penman, Risk analyses of tailings dams constructions, paper presented at the Seminar on 'Safe Tailings Dams Constructions' held on 19-21 September 2001 in Gaellivare (Sweden), europa.eu.int/comm/environment/ waste/mining_dams_seminar.pdf).

     
  • 217. 
    In Baia Mare a tailings pond burst led to approximately 100,000
     
  • 218. 
    EEA at themes.eea.eu.int/ Environmental_issues/waste/indicators/generation/index_html.

     
  • 219. 
    It should be borne in mind that throughout the world tailings dams have failed at an average rate of 1.7 per year over the past 30 years (see A D M Penman, Risk analyses of tailings dams constructions, paper presented at the Seminar on 'Safe Tailings Dams Constructions' held on 19-21 September 2001 in Gaellivare (Sweden), europa.eu.int/comm/environment/ waste/mining_dams_seminar.pdf).

     
  • 220. 
    OJ L 203, 28.7.2001, p. 18.

     
  • 221. 
    Deze databank van de Europese Unie biedt de mogelijkheid de actuele werkzaamheden (workflow) van de Europese instellingen (Europees Parlement, Raad, ESC, Comité van de Regio's, Europese Centrale Bank, Hof van Justitie enz.) te volgen. EURlex volgt alle voorstellen (zoals wetgevende en begrotingsdossiers) en mededelingen van de Commissie, vanaf het moment dat ze aan de Raad of het Europees Parlement worden voorgelegd.
     
  • 222. 
    EUR-lex provides an overview of the proposal, amendments, citations and legality.