Project Structure Inventory European Environment Agency DG Environment New Initiative on Mining Waste Workshop I Regulations Environmental Impact Collaboration with National and Regional Authorities National Experts Research Contracts in Pre-Accession Countries JRC Institutional Links Workshop II

METHODOLOGY 4literature review, web search 4establishing project homepage 4glossary of EU legal terms 4workshops, missions 4screening Candidates and Community legislation 4questionnaire 4consultation with legal experts 4interpretation, synthesis 4reporting 6publishing pecomines

DELIVERABLES 4Collection of relevant literature and web links 4Collection of relevant legislation of Candidate Countries 4EU glossary of relevant terms 4Contribution to project homepage 4Workshops 4Inputs to Mining Waste Directive drafting 4Preliminary draft report 6Articles in international journals 6Final report (JRC volume) pecomines

CONCLUSIONS OF SCREENING THE ACQUIS specific mining legislation does not exist ( interests of mining lobby and Member States?) relevant but sometimes contradicting provisions ( malfunctions of EU legislation process?) a Community Directive with a wide scope on mining waste (and minerals) management fits the best amendment of certain directives is necessary (Seveso II, Landfill, EIA, Waste Shipment, Construction etc.) EU basis for harmonisation is unconsolidated incorporation of Candidates ideas helps EU legislative efforts pecomines

QUESTIONNAIRE ADDRESSED AND CLARIFIED Ownership (land, minerals, waste) Authority framework, licensing procedures EIA methodology and limit values Control, sanctions, liability Financial aspects and public acceptance National policies, programmes Data management and access Original regulatory ideas pecomines

Experts answers Synthesis EU screening Annexes Intro Workshop No.1 Workshop No.2 Start of project 30 p. 130 p. 25 p. pecomines

KEY PLAYERS IN MINING WASTE MANAGEMENT IN HUNGARY ParliamentConstitutional CourtSupreme Court Government M. of EconomyM. of Env. Prot.M. of Trans. & Water H. Mining Off.H. Geol. Surv.Natl. Env. Inspect. Reg. Offices Reg. Inspect. Natl. Water Auth. Reg. Water Auth. local governments County Courts Municipal Courts mining companieslandownerslocal public Legend legislationauthoritiesjurisdictioninterested parties

TYPICAL LEGISLATION FRAMEWORK OF MINING IN CANDIDATE COUNTRIES Constitution Civil Code Subsurface Resources (Mining) EnvironmentWaterSpatial Planning Mining Operation WasteEIANature Cons. Catastrophes Soil Management Nuclear Energy Hazardous Waste Landfill Water Use & Prot. Legend ActGovernment DecreeMinisterial Order Other Implementing Legislation

TYPICAL REGULATORY FRAMEWORK OF MINING IN CANDIDATE COUNTRIES Council of Ministers (Government) Min. of EconomyMin. of EnvironmentMin. of Water Constitutional Court Regional or Local Professional Authorities Mining AuthorityGeological SurveyWater Authority Supreme Court County Courts Local Courts Env. Authority Legend JurisdictionFirst-instance AuthoritiesSupervising Authorities Local Governments

pecomines TITLE AND SCOPE OF MINING ACTS

pecomines INTERNATIONAL CONVENTIONS 1

pecomines INTERNATIONAL CONVENTIONS 2

LEGAL CLASSIFICATION OF MINES LEGEND potentially high environmental risk pecomines medium environmental risk low environmental risk

MAJOR CONCLUSIONS OF THE REPORT 1 Legislative and regulatory authority framework exist in CCs relevant to mining/minerals/mining waste management Adoption of EU waste legislation is advanced EU discrepancies are already introduced to national legislation Regulatory solutions vary according to mineral types and mining traditions Regulatory control and sanctions (incl. legal and financial tools) are not efficient pecomines

MAJOR CONCLUSIONS OF THE REPORT 2 Opening and operation of mines are well regulated, closure and aftercare are less prescribed Geological data (incl. changes in mineral resources) are well recorded, mining operation and waste data are less accurately managed Mining safety regulations do not focus on environmental impacts Minor use of royalty incomes for mitigating mining related environmental impacts pecomines

FURTHER TASKS OF THE LEGAL EXPERTS Report JRC Volume Articles Input to MWD drafts pecomines