1. The Mining Waste Directive – 2006/21/EC
Michel Sponar -European Commission – DG Environment
DG ESTAT Workshop on Mining Statistics
Luxembourg October 20111
Comment: For Ernst von Weiszacker: Resource Efficiency is micro-economic or sectoral
Productivity is macro-economic and related to systems thinking
Budapest, WG on Inventories, May 2009

2. Outline Background, objectives and scope
Key definitions, key deadlines
Main requirements of the Directive
Recent developments
Reporting Obligations
Statistical needs 2

3. Background
Azñalcóllar (1998)
Baia Mare (2000)

4. Objective, Scope
Adoption in 2006 of the Directive on the management of extractive waste Links with other Directives IPPC, Seveso, Water & Waste framework Directives, IA Directive, Natura 2000
« Prevent as far as possible adverse effects
on the environment and human health
of waste from extractive Industry »

5. Ferrous metals: FE, Mn, Ni, Cr, Mo, W, V, Co Non Ferrous metals:
Cu, Pb,Zn, Sn, Al
Precious metals:
Au, Ag, Pt
Minor metals:
Sb, As, Be, Bi,
Cd, Ce, Hg, Nb,
Ta, Ti, Zr
Not in the scope: waste from off-shore activities, waste resulting “indirectly” from extractive industry 5

6. Key Definitions
« Extractive Industries» Prospecting, extraction, treatment and storage of mineral resources and the working of quarries ”Treatment” Mechanical, physical, biological thermal or chemical process carried out on mineral resources but excluding smelting, metallurgy, thermal manufacturing processes “Waste facilities” Any area designated for the accumulation or deposit of extractive waste – dams, heaps, pond 6

7. Key Deadlines Adoption: 15 March 2006, Entry in force: 1 May 2006
Transposition: no later than 1 May 2008 – all Member States have transposed and notified it
Applies to all new installations
Existing facilities by 1 May 2012
Implementing measures: In May 2009 – 5 Commission Decisions (classification, characterisation, inert waste, questionnaire, financial guarantee)
CEN mandate on harmonisation of measurement methods
Still to be developed : guidance document on inspection

8. Main Requirements Permitting including waste management Plan
Prevent risks for the environment and health notably by applying « Best Available Techniques »
Public participation, transboundary impacts
Construction and management
Major accident prevention policy
Prevention of water, soil, air pollution
Financial Guarantee
Closure and after closure procedures 8

9. Main Requirements
Requirements are linked with the type of installation:
Category “A” – 3 criteria risk of major accident, hazardous waste, dangerous substances (Annex III and Commission Decision of May 2009)
Inert waste facilities – Inert waste defined by Commission Decision (May 2009)
Not inert, not Category “A” – Not hazardous but not inert 9

10. Yes (except for cyanide)
Category A
Other waste
(not cat A, not inert)
Inert
(unpolluted soils)
BAT Application
Yes
Waste Man. Plan
Prevention water, soil and air deterioration
Yes (except for cyanide)
Construction and management
Partly
Permitting, public participation, transboundary impacts No
Financial guarantee, closure procedures
Major accident prevention policy
Yes except « Seveso » 10

11. 11

12. Most Recent Developments
Resolution of the European Parliament: 5 May 2010, ban on the use of cyanide
Ongoing contract on:
Support for the preparation of the guidelines on inspection
Further guidance on inventories and risk assessment/rehabilitation of closed/abandoned facilities
Opportunity to review the “Best Available Reference“ document
Shale gas issue 12

13. Reporting Obligations
Inventories of closed and abandoned facilities
To be achieved by May 2012 and made available to the public
Commission Decision 2009/358/EC
First reporting period: May – to be transmitted by February 2012
Report on the procedure set in place
Questionnaire includes statistics on different types of facilities and on the inspection achieved 13

14. Non Hazardous Non Inert
In operation
Closure phase
Closed or abandoned
Category A
Of which Seveso
Inert Waste
Non Hazardous Non Inert
Total 14

15. Main Statistical needs
Mining waste generation and management
For different categories combining nature of waste and its origin
Multiple purposes:
Cross checks to ensure full implementation of the Directive
Useful information for the raw materials initiative
General statistics on waste generation 15

16. Thank you for your attention
For more information:
Mining waste directive:
BREF (Best available techniques):
Michel SPONAR, 16