The analysis of the 2006 EU Extractive Waste Directive highlights several critical issues with Europe’s current mining waste regulations. Given the push to meet the 10% mining benchmark under the Critical Raw Materials Act, there are significant concerns about whether existing rules are adequate for managing the environmental and social impacts of new mining projects.
Here are the key findings from the legal analysis and the proposed recommendations:
Key findings
- Fragmentation in implementation: There is a risk of inconsistent application of the directive across EU Member States. Many provisions are ambiguous and left to the discretion of individual countries, leading to potential gaps in responsibility and enforcement.
- Lack of mandatory best practices: The directive does not mandate the use of best available techniques, such as filtered tailings, which could improve safety and reduce environmental risks. Companies have discretion over these practices, potentially leading to suboptimal waste management.
- Insufficient environmental and community protection: The directive’s provisions do not adequately protect the environment or local communities from the impacts of mining waste.
Recommendations for improvement
- Update to a regulation: Transition from the Extractive Waste Directive to a European Extractive Waste Regulation. This would ensure uniform implementation across Member States and incorporate updated rules for new mining projects and remining activities.
- Mandate best available techniques: Require companies to use the safest tailings storage and monitoring techniques. This would be based on the best practices outlined in the BREF (Best Available Techniques Reference Document) related to extractive waste management.
- Adopt safety first guidelines: Base the revision of the directive on the Safety First Guidelines, which provide detailed recommendations for tailings site design, management, and closure. This includes setting strong financial and governance provisions and broadening the definition of environmental damage to include future generations’ interests.
- Enhance community participation: Ensure that communities are actively involved throughout the lifecycle of mining projects. This includes consultation before, during, and after operations, as well as in the design and management of tailings storage facilities.
The proposed changes aim to modernize and strengthen Europe’s mining waste regulations, addressing current deficiencies and enhancing both environmental protection and community safety.
