EU carbon rules / Regulations / Mining Waste Directive
Extractive industry waste management, prevention of major accidents at Category A facilities
This regulation applies to:
The following provisions define its scope:
Article 1 — Subject matter
This Directive provides for measures, procedures and guidance to prevent or reduce as far as possible any adverse effects on the environment, in particular water, air, soil, fauna and flora and landscape, and any resultant risks to human health, brought about as a result of the management of waste from the extractive industries.
Article 2 — Scope
1. Subject to paragraphs 2 and 3, this Directive covers the management of waste resulting from the prospecting, extraction, treatment and storage of mineral resources and the working of quarries, hereinafter ‘extractive waste’. 2. The following shall be excluded from the scope of this Directive: (a) waste which is generated by the prospecting, extraction and treatment of mineral resources and the working of quarries, but which does not directly result from those operations; (b) waste resulting from the offshore prospecting, extraction and treatment of mineral resources; (c) injection of water and re-injection of pumped groundwater as defined in the first and second indents of Article 11(3)(j) of Directive 2000/60/EC, to the extent authorised by that Article. 3. Inert waste and unpolluted soil resulting from the prospecting, extraction, treatment and storage of mineral resources and the working of quarries and waste resulting from the extraction, treatment and storage of peat shall not be subject to Articles 7, 8, 11(1) and (3), 12, 13(6), 14 and 16, unless deposited in a Category A waste facility. The competent authority may reduce or waive the requirements for the deposit of non-hazardous waste generated from the prospecting of mineral resources, except oil and evaporites other than gypsum and anhydrite, as well as for the deposit of unpolluted soil and of waste resulting from the extraction, treatment and storage of peat as long as it is satisfied that the requirements of Article 4 are met. Member States may reduce or waive the requirements of Articles 11(3), 12(5) and (6), 13(6), 14 and 16 for non-hazardous non-inert waste, unless deposited in a Category A waste facility. 4. Without prejudice to other Community legislation, waste which falls within the scope of this Directive shall not be subject to Directive 1999/31/EC.
| Duty | Trigger | Evidence | Timing |
|---|---|---|---|
| Prepare an extractive waste management plan Prevent or minimise waste generation and ensure its safe disposal. | Generating or managing extractive waste | Waste management plan, waste classification and ledger | Before operation and on a continuing basis |
| Apply major accident prevention measures at Category A facilities Waste facilities classified as Category A by the competent authority must establish a major accident prevention policy and emergency procedures. | Facility classified as Category A | Major accident prevention policy, emergency plan and drill records | Before operation |
Article 1 — subject matter
This Directive provides for measures, procedures and guidance to prevent or reduce as far as possible any adverse effects on the environment, in particular water, air, soil, fauna and flora and landscape, and any resultant risks to human health, brought about as a result of the management of waste from the extractive industries.
Article 9 — classification of waste facilities
For the purposes of this Directive, the competent authorities shall classify a waste facility as Category A in accordance with the criteria set out in Annex III.