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

footnotes

1. (i) GHK and LUC The Costs and Benefits of Financial Guarantees and Securities in the UK Extractive Industry. Report to ODPM 2003 (ii) Colman, T B, with contributions from Highley, D E, Gunn, A G, Cameron, D G and Smith, B. 2003. An assessment of the nature of the waste produced by active mineral workings in the UK. British Geological Survey Commissioned Report, CR/03/157C.
2. (75/442/EC as amended by 91/156/EEC)
3. (1999/31/EC)
4. However, since adoption of the proposal, a judgement in the ECJ has determined that this waste stream can be excluded from the scope of the WFD (and hence the Landfill Directive) where there is national legislation that results in a level of protection of the environment at least equivalent to that aimed at by the WFD (see Annex 1).
5. The Commission’s Joint Research Centre based in Seville, Spain, is preparing a BAT guidance document on the management of waste rock and tailings within the extractive industry. It is proposed that Competent Authorities and the industry should have regard to the document when planning, permitting, operating and closing a waste facility.
6. COMM(2000) 664 final
7. Source: GHK and LUC (need to identify web addressin press) The Costs and Benefits of Financial Guarantees and Securities in the UK Extractive Industry. Report to ODPM.
8 .See Table 2 in the Technical Annex
9. See Table 3 in the Technical Annex
10. A summary of the distribution of the size of the workforce at different sites, for different mineral types is provided in Table 4 in the Technical Annex.
11. GHK with Land Use Consulting
12. Local planning authorities responsible for planning control of mineral workings
13. Colman, T B, with contributions from Highley, D E, Gunn, A G, Cameron, D G and Smith, B. 2003. An assessment of the nature of the waste produced by active mineral workings in the UK. British Geological Survey Commissioned Report, CR/03/157C. 49pp. ned to identify web adress
14. The results are summarised in Table 6 in the Technical Annex.
15. GHK and LUC (in press) web address
16. As follows:
- "in the event of a breach or failure the loss of human life cannot reasonably be excluded on the basis of a risk assessment taking into account factors such as the size, the location and the environmental impact of the waste facility;
- it contains waste classified as hazardous under Directive 91/689/EEC above a certain threshold, or
- it contains substances or preparations classified as dangerous under Directives 67/548/EEC or 1999/45/EC above a certain threshold."
17. "Unless the Competent Authority has established a programme of inspections based upon a systematic appraisal of major-accident hazards of the particular establishments concerned, the programme shall entail at least one on-site inspection by the competent authority every 12 months".
18. Table 7 provides data on the main mineral activities of the EU15 Member States
19. Table 8 in the Technical Annex
20. British Aggregates Association
Barytes Association
COALPRO
CBI Minerals Committee
Quarry Products Association
Kaolin and Ball Clay Association
Silica and Moulding Sands Association
Mining Association of the United Kingdom
British Ceramics Confederation
British Cement Association
21. Defined in Article 1(d) of the WFD as "the collection, transport, recovery and disposal of waste, including the supervision of such operations and after-care of disposal sites."
22. Case C-114/01 Avesta Polarit

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