< Previous | Contents | Next >

Proposed EU Directive on the Management of Waste from the Extractive Industries

INTRODUCTION

1. On 2 June 2003 the EUropean Commission adopted a proposal for an EU Directive on the management of waste from the extractive industries (i.e. mining and quarrying). The proposal seeks to provide supplementary measures to the Waste Framework Directive (75/442/EC as amended by 91/156/EEC) to prevent or reduce, as far as possible, any adverse effects on the environment, and any resultant risks to human health, brought about as a result of the management of waste from the extractive industries.

The proposed Directive

2. A copy of the proposal is available from the EUropean Commission website at http://europa.eu.int/eur-lex/en/com/pdf/2003/com2003_0319en01.pdf. A brief description is at Annex A. Paragraph 24 summarises the main implications for UK operators.

Consultation

3. The UK Government is responsible for EC negotiations on the implementation of Directives and has, in liaison with the Scottish Executive and other interests (including industry representatives) represented the UK interests in these discussions. Views are now being sought on the implementation of the proposal.

4. ODPM is producing a Regulatory Impact Assessment (RIA) to evaluate the costs and benefits of the Commission’s proposals which will inform consideration of the UK’s negotiating objectives as the proposal develops. A Partial RIA which makes a provisional assessment of the impact of the proposal, in terms of the costs, benefits and risks of the proposal, is at Annex A. Further copies are available on the Planning Home page of the Executive’s website at www.scotland.gov.uk/views/views.asp. ODPM is also making available on its website at www.odpm.gov.uk/stellent/groups/odpm_planning/documents/sectionhomepage/odpm_planning_page.hcsp copies of two research reports¹ commissioned to inform the Partial RIA.

5. We are keen to receive information and comment to help ensure the RIA properly evaluates the costs and benefits of the proposals and, in particular, takes full account of any specifically Scottish issues. We are particularly keen to understand the impact of the proposals on small businesses. There are a number of matters in the Partial RIA on which comments have been specifically invited. These are identified in the text and concern:

• the definition of waste facility, the one-year exclusion period and alternatives;
• selection criteria to determine whether a waste facility requires a major-accident prevention policy;
• the likely number of tips (active, and closed where these are associated with active mines that might re-open) and lagoons which might fall within the provisions of Article 9 and be subject to the major-accident prevention provisions of Article 6 (which will require operators to draw up a major-accident prevention policy for the management of these wastes and put into effect a safety management system to implement it);
• the preparation of waste management plans by operators of spoil tips and lagoons, and likely additional costs of the proposal;
• other implementation costs, and specifically (a) whether it would be necessary to expand the specialist teams established in Mineral Planning Authorities and the Health and Safety Executive in order to meet the Directive’s obligations (b) the additional activities for these teams and likely costs associated with them;
• any particular matters that would impact on the operations and profitability of small businesses;
• the effects of the proposal on competition.

Responses

6. We look forward to receiving comments and views concerning these proposals. To ensure that views can help inform the UK Government’s negotiating line responses must be submitted by 31 January 2004 to:
Mineralswaste@scotland.gsi.gov.uk or
Ian Mitchell
Planning Division 4
Scottish Executive Development Department
Area 2-H
Victoria Quay
Edinburgh
EH6 6QQ

7. Information about the Executive’s consultation process and a Respondent Information Form (which should be completed and returned with responses) is attached to the letter that accompanies this consultation paper.

< Previous | Contents | Next >