The Mining Waste Directive (Directive 2006/21/EC) on the management of waste from the extractive industries sets up the framework for managing wastes from the extractive industry with the aim of ensuring long-term stability of disposal facilities and preventing or minimising water and soil pollution.
The List of Waste (LoW) ensures a reference nomenclature for waste at EU level. It provides a common encoding in the classification of hazardous wastes. The assignment of waste codes has an impact on the transport of waste, installation permits, decisions about recyclability of the waste or as a basis for waste statistics.
MINING WASTE DIRECTIVE
In order to fully implement the MWD, Article 22 on Implementing and amending measures, foresaw a list of provisions that should be adopted by 1 May 2008. While several of these measures have successfully been adopted, there are still some provisions that are being discussed:
- In accordance with article 22 (1) (b and f), the Commission gave a mandate to the European Committee for Standardisation (CEN) to develop the required standardised sampling and analysing methods. These documents are finalized and ready to be approved.
- Based on article 22 (1)d), which outlines the need of developing technical guidelines for inspections as one of the implementing measures, the European Commission has commissioned a study to assess the “Establishment of guidelines for the inspection of mining waste facilities, inventory and rehabilitation of abandoned facilities and analysis of the opportunity of reviewing of the reference document on the best available techniques (BREF)”. The final draft of this study is still under discussion.
IMA-Europe has actively participated in the discussions and provided input in both groups.
LIST OF WASTE
The Commission Decision on the European List of Waste (COM 2000/532/EC) establishes the concentration limits of the hazardous properties, which render a waste hazardous. The hazardous properties are listed in the Annex III of the Waste Framework Directive (2008/98/EC). The LoW is to be regularly updated based on the newest information available.
The LoW and the hazardous properties are currently being revised in order to align them with the Classification, Labelling and Packaging Regulation (link to the page). For this purpose, the Commission has created a working group in which Member States representatives, a consultant and the Commission are preparing a proposal to update the LoW. The final legislative proposal is expected to be adopted in Comitology during 2012.