Legislative instrument details: Mining Waste Directive

Legal name Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries and amending Directive 2004/35/EC
Short name Mining Waste Directive
CELEX reference 32006L0021
Identification number 2006/21/EC
Issued by European Parliament and Council
URL to issuer http://ec.europa.eu/environment/waste/mi...
Parent legislative instrument
Valid from 01/05/2006
Abstract The Directive 2006/21/EC applies to waste resulting from extraction, processing and storage of mineral resources and the working of quarries. It 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.
According to the Directive no waste management installation of the extractive industries can operate without a permit issued by the competent authorities. Member States must ensure that operators of the mining waste facility draw up a waste management plan with objective to prevent or reduce the generation of waste and its negative impact and to
encourage waste recovery through recycling, re-use or recovery.
Waste facilities may be of two types according to their potential risks: a waste facility whose failure or incorrect operation would present a significant accident hazard (category A) and all other waste facilities(category B). For facilities in category A, the competent authority must compile an external emergency plan for the measures to be taken off-site in the event of an accident.
The operator must provide a financial guarantee before the beginning of waste processing operations so as to ensure that the provisions of the Directive are complied with and that the financial resources for restoring the site are always available.
A mining waste facility is regarded as finally closed when the competent authority carries out a final inspection, studies the reports submitted by the operator, confirms that the site has been restored and gives its approval. After closure, the operator must maintain and monitor the site for as long as the competent authority considers necessary.
Reporting framework
Reporting obligations
DG Env review of reporting theme Waste and Resources
Geographic scope European Union
Comments At intervals of three years Member States shall transmit to the Commission a report on the implementation of this Directive. The report shall be drawn up on the basis of a questionnaire or outline to be adopted by the Commission. The report shall be transmitted to the Commission within nine months of the end of the three-year period covered by it.
Every year Member States shall transmit to the Commission information on events notified by the operators in accordance with Articles 11(3) and 12(6) of the Directive.
Commission Decision 2009/335/EC of 20 April 2009 provides the technical guidelines for the establishment of the financial guarantee in accordance with Directive 2006/21/EC
Commission Decision 2009/337/EC of 20 April 2009 defines the criteria for the classification of waste facilities.
Commission Decision 2009/358/EC of 29 April 2009 harmonises, the regular transmission of the information and provides the the questionnaire reffered to in Articles 22(1)(a) and 18 of Directive 2006/21/EC
Commission Decision 2009/359/EC of 30 April 2009 complets the definition of inert waste in implementation of Article 22(1)(f) of Directive 2006/21/EC
Commission Decision 2009/360/EC of 30 April 2009 complets the technical requirements for waste characterisation