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• EU Directive on the management of waste from extractive industries: Update

Planning, building and the environment

EU Directive on the management of waste from extractive industries: Update

Background

In 2003 the European Commission adopted a proposal for an EU Directive on the management of waste from the extractive industries (ie mining and quarrying). The proposal seeks to prevent or reduce, as far as possible, any adverse effects on the environment, and any resultant risks to human health, brought about as a result of the management of waste from the extractive industries.

For access to original draft Directive proposals see the European Commission website (external link).

Communities and Local Government [formerly Office of the Deputy Prime Minister (ODPM)] has led on negotiations at EU level because of its responsibility for the planning control of mineral extractions, including the management of minerals wastes, but working closely with Defra and the DTI because of their significant interest. Defra has led on the proposal in Council.

Latest European Union Development - Progress on the Proposal

The proposed Directive has been considered jointly by the European Parliament and the European Council through the co-decision procedure.

November 2005

The conciliation process on the proposed Mining Waste Directive has now concluded. The UK Presidency reached agreement with the European Parliament's Conciliation delegation following a third informal Trialogue which took place on 21 November. The text has now been sent to the Council and the European Parliament's Plenary for final adoption. This is expected to be early next year, with publication following on slightly afterwards.

September 2005

The European Parliament completed its Second Reading on the proposed Directive by issuing its recommendation on the Council's Common Position on 6 September 2005.

The Environment Council rejected the Parliament's recommendations on 5 October 2005. A Conciliation Committee, therefore, was convened on 6 October to reach a final agreement on the proposed Directive during the UK Presidency.

October 2004

Political agreement (Environment Ministers reaching a common position) was achieved at Environment Council in October 2004. The agreed Common Position, which received support from a qualified majority at Council, provides appropriate controls specific to extractive waste and are proportionate to risk.

For access to progress on the proposed Directive through the Co-decision process see the Europa website (external link).

Aims and Requirements of the Directive

The Directive provides a regulatory framework that reflects the risks of environmental harm/impact on human health arising from the management of waste from the extractive industries. Article 4 of the Directive imposes a general objective on Member States of ensuring protection of the environment and human health. This is supplemented by a series of specific measures that may be necessary to meet that objective.

These minimum supplementary requirements include:

• operators to address, prior to commencement of operations, the category of the waste facility, the amount of waste likely to be generated and its characteristics, and the method of management, including monitoring and closure procedures,  by producing a waste management plan
• permits and conditions for waste facilities to secure environmental and safety measures to protect the environment and prevent accidents
• for waste facilities which present a significant accident hazard, the development of a major-accident prevention policy (similar to the provisions in the Seveso II Directive) to minimise the risk of an accident and to plan for its clean-up in the event that one occurs
• the drawing up of closure plans to ensure that the land affected by the waste facility is restored to a satisfactory  state and
• operators to provide, prior to commencement of operations involving the deposit/accumulation of waste in a waste facility, a financial guarantee (or equivalent) to ensure that sufficient funds are available to rehabilitate the land affected by a waste facility to a satisfactory state in the event that an operator defaults on its closure obligations

Partial RIA Consultation

A consultation paper and partial RIA (Regulatory Impact Assessment) on the proposal was issued in England in October 2003. The consultation period closed on 9 January 2004 with more than 20 responses received. Similar consultations were conducted in Wales, Scotland and Northern Ireland. The responses to these consultation exercises informed the development of the UK Government's negotiation on the proposal.

Next Steps

Following publication of the approved Directive in the Official Journal, Member States will have then 24 months to transpose the Directive into national law. Communities and Local Government will be leading the process, but working closely with Defra and DTI, as well as with the Devolved Administrations.

Other related links

European Parliament's Conciliation Committee (external link) on the proposed 'mining waste' Directive.

Press release (external link) by Jonas Sjöstedt (Rapporteur to the Committee on Environment, Public Health and Food Safety).

Euromines (external link) European Association of Mining Industries

Contacts

For more information please contact:

Begoña Vilaplana
Planning - Resources and Environment Policy (PREPd)
Communities and Local Government
Zone 4/H3
Eland House
Bressenden Place
London SW1E 5DU

Tel: 0207 944 3867
Fax: 0207 944 3859
Email: begona.vilaplana@communities.gsi.gov.uk