COM(2003)319 - Management of waste from the extractive industries
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Contents
official title
Proposal for a Directive of the European Parliament and of the Council on the management of waste from the extractive industriesLegal instrument | Directive |
---|---|
Decision making procedure | ordinary legislative procedure (COD) |
reference by COM-number221 | COM(2003)319 ![]() |
Additional COM-numbers | COM(2005)170; COM(2005)477 |
procedure number223 | 2003/0107(COD) |
CELEX number224 | 52003PC0319 |
Document | 02-06-2003 |
---|---|
Online publication | 02-06-2003 |
Decision | 15-03-2006; Richtlijn 2006/21 |
Publication in Official Journal225 | 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 |
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- 1.
- 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.
- 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.
- 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.
- 38.See in particular Articles 2, 6 and 174-176 TEC.
- 39.
- 40.OJ L 348, 28.11.1992, p. 9.
- 41.
- 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.
- 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.
- 61.
- 62.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 148.See in particular Articles 2, 6 and 174-176 TEC.
- 149.
- 150.OJ L 348, 28.11.1992, p. 9.
- 151.
- 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.
- 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.
- 171.
- 172.
- 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.
- 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.
- 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.
- 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.
- 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.De Europese Commissie kent nummers toe aan officiële documenten van de Europese Unie. De Commissie maakt onderscheid in een aantal typen documenten door middel van het toekennen van verschillende nummerseries. Het onderscheid is gebaseerd op het soort document en/of de instelling van de Unie van wie het document afkomstig is.
- 222.De Raad van de Europese Unie kent aan wetgevingsdossiers een uniek toe. Dit nummer bestaat uit een vijfcijferig volgnummer gevolgd door een schuine streep met de laatste twee cijfers van het jaartal, bijvoorbeeld 12345/00 - een document met nummer 12345 uit het jaar 2000.
- 223.Het interinstitutionele nummer is een nummerreeks die binnen de Europese Unie toegekend wordt aan voorstellen voor regelgeving van de Europese Commissie.
Binnen de Europese Unie worden nog een aantal andere nummerseries gebruikt. Iedere instelling heeft één of meerdere sets documenten met ieder een eigen nummering. Die reeksen komen niet overeen met elkaar of het interinstitutioneel nummer.
- 224.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.
- 225.Als dag van bekendmaking van een Europees besluit geldt de dag waarop het besluit in het Publicatieblad wordt bekendgemaakt, en daardoor in alle officiële talen van de Europese Unie bij het Publicatiebureau beschikbaar is.
- 226.This legally binding act of the European Union establishes a set of objectives which all member states of the European Union must fulfil. The member states are required to implement directives. The member states are free to choose the manner they see fit to fulfil the required objectives.