Category Archives: Soil protection

The soil provides the main foundation for human activity and housing. It is a limited and fragile resource, however: erosion, the loss of organic matter, landslides and various forms of contamination are among the problems that Europe’s environment policy seeks to address.

Soil protection

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Soil protection

Outline of the Community (European Union) legislation about Soil protection

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Environment > Soil protection

Soil protection

GENERAL FRAMEWORK

Thematic strategy for soil protection
Towards a strategy for soil protection
Évaluation d’impact de certains projets sur l’environnement
(FR)

MANAGEMENT OF SPECIFIC SOIL TYPES

Convention on the Protection of the Alps
Development and integrated management of coastal zones
Thematic strategy on the urban environment
Financial framework for the urban environment

DISCHARGES OF SUBSTANCES

Industrial emissions
Integrated pollution prevention and control (until 2013)
Stockholm Convention on persistent organic pollutants (POPs)
Export and storage of mercury

ACTIVITIES LEADING TO SPECIFIC RISKS

Carbon dioxide capture and geological storage
Landfill of waste
Promoting sustainable development in the non-energy extractive industry

Financial framework for the urban environment

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Financial framework for the urban environment

Outline of the Community (European Union) legislation about Financial framework for the urban environment

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Environment > Soil protection

Financial framework for the urban environment

The aim of this Decision is to encourage local authorities to rise to the challenge of environmental issues and to provide them with financial and technical assistance in working towards sustainability.

Document or Iniciative

Decision No 1411/2001/EC of the European Parliament and of the Council on a Community framework for cooperation to promote sustainable urban development.

Summary

1. The state of the urban environment, where some 80% of Europeans live, is a matter of concern with implications at the local, European and global levels. The depletion of natural resources and the increase in pollution and waste are impacting upon local, regional and global ecosystems.

2. The Community has already entered into an international commitment at the Rio summit. Agenda 21, which was the subject of the Protocol signed at Rio, stipulates that most local authorities in each country should undertake a consultative process with their populations.

3. Following the communication entitled “Sustainable urban development in the European Union: a framework for action” [COM(1998) 605 final], this Decision of the Council and of the European Parliament puts in place a Community framework for cooperation to define, exchange and implement good practices with regard to sustainable urban development and in the framework of Agenda 21. The main partners are the Commission and the networks of towns and cities organised at European level. The European campaign for sustainable towns and cities is an alliance which brings together 540 local authorities committed to the development of local policies and activities to ensure sustainability.

4. The types of activity which might be eligible for funding are:

information and exchanges of information on sustainable urban development and local Agenda 21 and improvement of environmental quality in areas where environmental problems occur alongside socio-economic problems;
cooperation between the partners concerned by sustainable development and Agenda 21 at European level;
accompanying measures.

These activities must take place in the course of the year to which the financial contribution relates or the following two years.

5. The Commission will ensure consistency and complementarity between these activities and other programmes and initiatives, in particular the URBAN initiative. Projects eligible under other Community programmes and funds are not eligible under this cooperation framework. The selection criteria for the activities are:

a sound cost/benefit ratio;
a lasting multiplier effect at European level;
effective and balanced cooperation among the partners concerned;
a contribution to a multinational approach;
a multisectoral approach taking account of the social, economic and environmental dimensions;
a high degree of involvement of all the players, including the representatives of civil society;
revitalisation of public services of general interest.

6. Calls for proposals for projects are published each year by no later than 31 January. The Commission decides by 31 May which projects it will finance, and then makes that decision public.

7. The programme is open to participation by Cyprus, Malta, the Central and Eastern European countries (CEECs) and countries which have concluded association agreements with the Community.

8. The Commission will take all necessary measures to combat fraud, and the financial audit will be carried out by the Court of Auditors.

The financial support given by the Commission may be reduced, suspended or recovered if irregularities are found. Beneficiaries must explain any delays in the progress of a project and must submit a financial report to the Commission six months after completion of the project. For contracts of more than one year, beneficiaries must present annual progress reports.

9. The Community cooperation framework operates from 1 January 2001 to 31 December 2004. An interim assessment is scheduled for 31 March 2003 at the latest.

10 The budget for the period 2001-2004 is EUR 14.8 million. 80% of the resources are allocated equally to information and cooperation activities. The remaining 20% goes to accompanying measures.

References

Act	Entry into force – Date of expiry	Deadline for transposition in the Member States	Official Journal
Decision No 1411/2001/EC	1.1.2001	–	OJ L 191 of 13.7.2001

Related Acts

Regulation (EC) No 614/2007 of the European Parliament and of the Council of 23 May 2007 concerning thet (LIFE+) – Commission statement [Official Journal L 149 of 9.6.2007].

Communication from the Commission to the Council and the European Parliament on Thematic Strategy on the Urban Environment [COM(2005)718 final – Not published in the Official Journal]

Communication from the Commission of 11 February 2004 “Towards a thematic strategy on the urban environment” [– Official Journal C 98 of 23.04.2004]

Towards a strategy for soil protection

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Towards a strategy for soil protection

Outline of the Community (European Union) legislation about Towards a strategy for soil protection

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Environment > Soil protection

Towards a strategy for soil protection

To formulate a plan with a view to developing a Community strategy for soil protection.

2) Document or Iniciative

Communication of 16 April 2002 from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions – Towards a Thematic Strategy for Soil Protection [COM (2002) 179 final – Not published in the Official Journal].

3) Summary

One of the objectives of the Sixth Environmental Action Programme is to protect soils against erosion and pollution. It is to fulfil this objective that the Commission is publishing this Communication, which paves the way for developing a strategy on soil protection. For the purpose of this Communication, soil is defined as the top layer of the earth’s crust, formed by mineral particles, organic matter, water, air and living organisms.

This Communication describes the functions of soil, which include:

producing food,
storing, filtering and transforming minerals, water, organic matter, gases, etc.,
providing raw materials,
being the platform for human activity.

The Communication also identifies the main threats to soil in Europe: erosion, decline in organic matter, soil contamination, soil sealing (caused by the covering of soil for housing, roads and other infrastructure), soil compaction (caused by mechanical pressure through the use of heavy machinery, overgrazing or sporting activities), decline in soil biodiversity, salinisation (excessive accumulation of soluble salts of sodium, magnesium and calcium) and floods and landslides. All these processes are either driven or exacerbated by human activity and some degradation processes have increased over recent decades. The economic consequences and restoration costs linked to the threats to soil are huge.

The Communication examines the international initiatives taken to address soil degradation, as well as action undertaken by EU Member States and Candidate Countries. As regards Community initiatives as such, the Communication stresses that an explicit Community policy does not exist at this stage. However, measures implemented under other policies (environmental, agricultural, regional, transport, research) contribute to soil protection.

Building blocks of a thematic strategy

It is therefore essential that the EU develop a Community thematic strategy for soil. This strategy will be presented in 2004. It will take into consideration the principles of precaution, anticipation and environmental responsibility, and will focus on initiatives already being undertaken in environmental policies, better integration of soil protection in other policies, soil monitoring and new actions based on monitoring results.

In environmental policy, new legislation will supplement existing legislation:

in 2002: 4th Daughter Directive on air quality and a directive on mining waste;
in 2003: revision of the Sewage Sludge Directive and Communication on Planning and Environment, focusing on sustainable use of soil;
by the end of 2004: directive on compost and other biowaste.

The Common Agricultural Policy (CAP) will encourage organic farming, the maintenance of terraces, safer pesticide use, use of certified compost, forestry, afforestation and other measures for soil protection. Under the review of the CAP, the Commission intends to expand the financial commitment to rural development and soil protection.

As regards soil monitoring, the Commission will propose, by June 2004, legislation on a Community information and monitoring system for soil threats. This monitoring will provide the basis for future legislative initiatives and will be used as a tool to adjust and review existing policies in the field of soil protection.

4) Implementing Measures

5) Follow-Up Work

Thematic strategy on the urban environment

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Thematic strategy on the urban environment

Outline of the Community (European Union) legislation about Thematic strategy on the urban environment

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Environment > Soil protection

Thematic strategy on the urban environment

Document or Iniciative

Communication from the Commission of 11 January 2006 on a thematic strategy on the urban environment [COM(2005) 718 final – Not published in the Official Journal].

Summary

The EU sets out cooperation measures and guidelines aimed at the Member States and the local authorities in order to enable them to improve urban environmental management in Europe.

The aim of this strategy is to improve the quality of the urban environment by making cities more attractive and healthier places in which to live, work and invest, and by reducing their adverse environmental impact.

The main measures proposed in the strategy are as follows:

publication of guidelines for the integration of environmental issues into urban policies. The guidelines will be based on best practice and expert advice. Integrated environmental management will make it possible to improve planning and avoid conflicts between the different measures;
publication of guidelines for sustainable urban transport plans. The guidelines will be based on best practice and expert advice. Effective transport planning should embrace both passengers and goods and promote safe and efficient use of less polluting, high-quality modes;
support for the exchange of best practices, e.g. through the networking of information, the development of demonstration projects funded by LIFE+, and the establishment of a network of national focal points;
broadening the range of information for local authorities via the Internet and of training on urban management issues for people working in regional and local government;
drawing on the Community support programmes in the context of cohesion policy or research.

The cross-cutting nature of urban management issues means that any strategy for improving the urban environment needs to be coordinated with the other environmental policies concerned. including climate change policy (sustainable construction to improve energy efficiency, urban transport plans, etc.), protection of nature and biodiversity (reducing urban sprawl, converting industrial wastelands, etc.), quality of life and health (reducing air pollution and noise, etc.), sustainable use of natural resources and prevention and recycling of waste.

Context

Four out five Europeans live in urban areas. They share the same problems: poor air quality, high levels of traffic and congestion, very high levels of ambient noise, poor-quality built environment, derelict land, greenhouse gas emissions, urban sprawl, and waste and sewage disposal.

These are highly complex problems, and the causes are inter-related, which is why an integrated approach is needed. Given the wide variety of urban areas and existing obligations, which call for tailor-made solutions, together with the difficulties encountered in setting common urban environmental standards, guidelines and coordination measures are more appropriate instruments than legislation. This strategy is therefore based on subsidiarity, giving priority to local initiatives while promoting cooperation between the different levels of decision-making (Community, national and local) and interweaving the various strands of urban management.

The urban environment strategy is one of the seven thematic strategies mentioned in the Sixth Environment Action Programme.

Related Acts

Commission Communication of 11 February 2004 “Towards a thematic strategy on the urban environment” [COM(2004) 60 final – Official Journal C 98, 23.04.2004].
By means of a European strategy for the urban environment, the EU intends to reinforce the contribution of environmental policy to the sustainable development of urban areas, notably by focusing measures around four themes: urban management, transport, construction and urban design.

Decision No 1411/2001/EC

of the European Parliament and of the Council on a Community framework for cooperation to promote sustainable urban development [Official Journal L 191 of 13.07.2001].

Carbon dioxide capture and geological storage

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Carbon dioxide capture and geological storage

Outline of the Community (European Union) legislation about Carbon dioxide capture and geological storage

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Environment > Soil protection

Carbon dioxide capture and geological storage

2). This new legislative framework aims at preventing or, and where that is not possible, minimising the harmful effects of CO₂ emissions and all environmental and health risks.

Document or Iniciative

Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006.

Summary

The objective of this Directive is to establish a legal framework for environmentally safe geological storage of carbon dioxide in order to contribute to tackling climate change.

The Directive applies to the geological storage of CO₂ within the territory of the Member States, in their exclusive economic zones and on their continental shelves.

This Directive does not apply to the geological storage of CO₂ with a capacity of less than 100 kilo tonnes.

The storage of CO₂ in a water column or in a storage site with a storage complex extending beyond the territory, in the exclusive economic zones or in the continental shelves of Member States is not permitted.

Selection and exploration of storage sites

A geological formation is selected as a storage site only if, under the proposed conditions of use, there is no significant risk of leakage and no significant environmental or health risks exist.

The suitability of a geological formation for use as a storage site is determined through a characterisation and assessment of the potential storage complex and surrounding area pursuant to the criteria specified in Annex I to this Directive. The characterisation of a site is carried out in three stages:

Step 1: data collection on the site (geology, hydrogeology, seismicity, etc.) and its surroundings (population, proximity to resources or protected sites, etc.);
Step 2: building computer models from the data collected in order to characterise the different aspects of the sites (geological structure, geomechanical and geochemical properties, available volume, etc.);
Step 3: characterisation of the storage dynamic behaviour, sensitivity characterisation and risk assessment.

The exploration required in order to obtain the information needed for selecting a storage site cannot be carried out without a permit. The permit is issued by the competent authority in each Member State for the period necessary to carry out the exploration of the site. However, an extension may be granted to complete the exploration concerned. The holder of an exploration permit has the sole right to explore the potential CO₂ storage complex. Member States ensure that no conflicting uses of the complex are permitted during the period of validity of the permit.

Storage permits

No storage site may be used without a permit. Applications for storage permits must be sent to the competent authority of each Member State and must contain certain information on the operator, the characterisation of the storage site and storage complex and an assessment of the expected security of the storage, the total quantity of CO₂ to be injected and the composition of CO₂ streams, the preventative measures, a proposed monitoring plan, the corrective measures, a proposed provisional post-closure plan, proof of financial security, etc.

The competent authority must check that the requirements applicable to this Directive and other legislative provisions of EU law are met and that the management of the site is in the hands of a person who is technically competent and reliable. Member States must inform the Commission of all draft storage permits within one month after receipt. Within four months of receipt, the Commission may then issue a non-binding opinion on the draft permits within a period of six months. When taking its decision, the competent authority must consider this opinion and, if it deviates from it, must give reasons for its final decision to the Commission.

No substantial change may be made without a new or updated storage permit being issued pursuant to this Directive.

The competent authority reviews the situation and updates, or as a last resort, withdraws the storage permit:

in the case of leakages or significant irregularities;
in the case of non-compliance with permit conditions or risks of leakages or significant irregularities;
any failure by the operator to meet the permit conditions;
on the basis of the latest scientific findings and technological progress;
in any case, five years after issuing the permit and every 10 years thereafter.

Operation, closure and post-closure obligations

No waste or any other matter may be added to the CO₂ stream with a view to disposing of it. Concentrations of incidental substances present in the stream must be below levels that could adversely affect the storage site and infrastructure or pose a risk to the environment. The operator must prove that the CO₂ stream meets these criteria and keep a register of the CO₂ streams delivered.

The operator must monitor the injection facilities, the storage complex and, where appropriate, the surrounding environment, in accordance with the monitoring plan approved by the competent authority. The monitoring serves to compare the actual and the modelled behaviour of CO₂ and to detect significant irregularities, CO₂ migration and CO₂ leakages and the effects on the environment and the population. The monitoring plan is updated at least every 5 years.

At least once a year, the operator must communicate certain information to the competent authority, including the results of the monitoring of the storage site, the quantities and characteristics of the CO₂ stream and proof of the maintenance of the financial security.

The competent authority must organise routine inspections (at least every year) or non-routine inspections (for example, in the case of leakages, in the case of significant irregularities, in the case of non-compliance with the permit conditions, or in the case of serious environmental or health complaints) of the storage sites. The report resulting from each inspection is forwarded to the operator and made publicly available.

In the case of leakages or significant irregularities, the operator must notify the competent authority immediately and take the necessary corrective measures, as described in the corrective measures plan approved by the competent authority. The competent authority may impose additional measures and, if the operator takes no action, take corrective measures itself, at the operator’s expense.

The site is closed if the conditions stated in the permit have been met, at the request of the operator or if the competent authority so decides after the withdrawal of the permit. After closure, the operator remains responsible for the site, including sealing the site and removing the injection facilities. The operator is also subject to the same obligations as during operation, in accordance with a provisional post-closure plan approved by the competent authority. Responsibility is then transferred to the competent authority when all available evidence indicates that the stored CO₂ will be completely and permanently contained, a minimum period has elapsed, the financial obligations have been fulfilled, the site has been sealed and the injection facilities have been removed. After the transfer of responsibility, routine inspections cease and monitoring is reduced to a level which allows for detection of leakages or significant irregularities. If the permit has been withdrawn, the competent authority assumes the obligations mentioned above and recovers all the costs incurred from the former operator until the conditions for a definitive transfer of responsibility to the competent authority have been met (when all available evidence indicates that the stored CO₂ will be completely and permanently contained).

Other provisions

Financial security or any other equivalent must be provided by the operator before submitting an application for a storage permit to ensure that the obligations relating to the operation, closure and post-closure of the storage site are met.

Member States must ensure that potential users are able to obtain fair, open access to CO₂ transport networks and to CO₂ storage sites. They must also put in place dispute settlement arrangements, cooperate with one another in cross-border situations, maintain a register of closed storage sites and forward it to the Commission and submit a report on the application of the Directive to the Commission, for the first time by 30 June 2011 and then every 3 years.

Background

This Directive is part of the “energy and climate change” package launched by the Commission at the beginning of 2008.

References

Proposal	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 2009/31/EC	25.6.2009	25.6.2011	OJ L 140 of 5.6.2009

Related Acts

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 23 January 2008 entitled “20 20 by 2020 – Europe’s climate change opportunity” [COM(2008) 30 final – Not published in the Official Journal].
In January 2008, the Commission adopted a series of coherent, comprehensive measures to achieve the objectives set by the EU in spring 2007 for 2020 in respect of climate change and renewable energies.

Development and integrated management of coastal zones

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Development and integrated management of coastal zones

Outline of the Community (European Union) legislation about Development and integrated management of coastal zones

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Environment > Soil protection

Development and integrated management of coastal zones

Document or Iniciative

Recommendation 2002/413/EC of the European Parliament and of the Council of 30 May 2002 concerning the implementation of Integrated Coastal Zone Management in Europe [Official Journal L 148 of 06.06.2002].

Summary

On account of the importance of coastal zones to Europe, the European Union (EU) recommends that the Member States take a strategic approach to their management. This must be based on:

protection of the coastal environment;
recognition of the threat posed by climate change;
the implementation of coastal protection measures including protection of coastal settlements and their cultural heritage;
sustainable economic opportunities and employment options;
a functioning social and cultural system;
accessible land for recreational purposes and aesthetic reasons;
the cohesion of remote coastal communities;
improved coordination of measures.

A deeper analysis of the problems associated with the management of coastal zones can be found in a Commission Communication of 2000 – COM(2000) 547 final. As in the Communication, the recommendation underlines the importance of following a number of principles in managing coastal zones. This entails taking a broad overall perspective (thematic and geographic) in the long term which takes into account distinctive local features and is based on adaptive management making adjustment easier. Turning to actors, all the parties concerned must be involved and supported by relevant administrative bodies at the different levels. Lastly, in terms of instruments, use of a combination of several should facilitate coherence.

At the same time, the EU recommends that Member States undertake a national stocktaking to identify the main actors, laws and institutions involved in the management of coastal zones across all sectors and levels. A national strategy should then be proposed.

The Union considers that these strategies could be specific to the coastal zones or be part of a geographically broader plan. In any case, the national strategy (ies) should identify and determine all aspects concerning the actors, the instruments, the resources and the dissemination of information. To be more exact, they should determine the role of the administrative actors and their coordination to allow adequate control and consistency of the actions, and to strengthen the laws governing both the marine and on-shore areas of coastal zones. In addition, measures to promote public participation in management and sources of sustainable financing must be identified.

On the matter of instruments, in developing their strategies the Member States should consider the advantages of:

national strategic plans for ensuring the control of any additional land-use planning and the exploitation of non-urban areas which should respect the natural characteristics of the coastal environment;
land purchase mechanisms and declarations of public domain to ensure public access to recreational areas without prejudice to the protection of sensitive areas;
contractual or voluntary agreements with coastal zone users;
harnessing economic and fiscal incentives;
applying regional development mechanisms.

Lastly, the strategies should also identify mechanisms to ensure full and coordinated implementation and application of legislation in the field and adequate systems for monitoring and disseminating information to the public. It would be advisable also to study how national training and education programmes could support the implementation of the above principles.

With the aim of resolving cross-border problems, the recommendation advises cooperation with neighbouring countries, including non-member countries in the same regional sea. Cooperation between the Member States and the Community institutions and other interest groups is also necessary to assess the need to set up a European coastal interest groups forum.

For 2006, the recommendation provides that the Member States must present to the Commission a report with, among other things, the results of the national stocktaking exercise, the national strategy, a summary of the actions taken and an evaluation.

Related Acts

Commission Report of 7 June 2007 on the evaluation of Integrated Coastal Zone Management (ICZM) in Europe [COM(2007) 308 final – Official Journal C 191 of 17.8.2007].

The Commission stresses the recommendation’s positive effects. Most coastal Member States have adopted management strategies for coastal zones, but they will have to make a constant effort – particularly regarding financing and indicators – to implement the strategies. The priorities for the promotion of coastal zone management lie in adapting to climate change and risks and the management of various interests related to coastal and marine zones. The Commission also acts as coordinator to ensure coherence and synergy between coastal zone instruments and policies.

Promoting sustainable development in the non-energy extractive industry

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Promoting sustainable development in the non-energy extractive industry

Outline of the Community (European Union) legislation about Promoting sustainable development in the non-energy extractive industry

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Environment > Soil protection

Promoting sustainable development in the non-energy extractive industry

Document or Iniciative

Communication from the Commission promoting sustainable development in the EU non-energy extractive industry.

Summary

The communication covers the extraction of all solid minerals, except coal and uranium. Lignite, peat, brown coal and oil shale are also excluded from the scope of the communication.

Characteristics of the European extractive industry

The extractive industry is often divided into three subsectors: metallic minerals (iron, copper, zinc, etc.), construction materials (natural stone, sand, limestone, chalk, etc.) and industrial minerals (talc, feldspar, salt, potash, sulphur, etc.).

The extractive industry is present across the Community and is relatively evenly spread over its territory. The subsector where production is more concentrated concerns metallic minerals, where Finland, Greece, Ireland, Portugal, Spain and Sweden together account for some 75% of total EU production.

The EU remains highly dependent on imports for its raw materials supply. It is the world’s largest consumer of minerals.

The European metallic minerals industry has to face up to very intense world competition and it has invested a great deal outside the Community. As regards construction materials, the European Union is a major world producer and is largely self sufficient. Natural stone is an important export product. In the industrial minerals subsector, competition has increased markedly in recent years. Geological deposits determine the location of extractive operations. The economic viability of deposits is determined by several factors (type and grade of the ore, depth of the deposit and the technical process/design that can be used for the extraction).

Environmental impact of extractive operations

From the point of view of the environment, extractive operations raise two types of concern: the use of non-renewable sources may mean that these resources will not be available for future generations and extractive operations harm the environment (air, soil and water pollution, noise, destruction or disturbance of natural habitats, visual impact on the surrounding landscape, effects on groundwater levels).

The waste produced by the extractive industry is a major problem. Mining waste is among the largest waste streams in the Community and some of that waste is dangerous.

Abandoned mine sites and unrestored quarries spoil the landscape and can pose severe environmental threats due especially to acid mine drainage.

The existing legislative framework

The Directive on environmental impact assessment covers open pit mining and quarries, where the surface of the site exceeds 25 hectares.

The deposit of waste from the processing of minerals (tailings) in a pond is covered by Directive 99/31/EC on the landfill of waste, which lays down requirements concerning the authorisation and construction of landfills, the types of waste acceptable at landfills and the monitoring procedures.

Minerals processing is covered by the Directive concerning integrated pollution prevention and control (IPPC), which also lays down that pollution must be prevented or reduced through the use of best available techniques (BAT).

The Community eco-management and audit scheme (EMAS) provides an instrument to integrate environmental concerns in the extractive industry. The reports required under this scheme provide a means for the industry to publicise its environmental performance.

The operations of the extractive industry will also be covered by the new Water Framework Directive.

Measures for sustainable development of the extractive industry

Priority issues for the integration of the environment into the extractive industry include prevention of mining accidents, improvement of the overall environmental performance of the industry and sound management of mining waste.

The Commission announces the presentation shortly of a communication reviewing Community legislation on the safe operation of mining installations, accompanied by an action plan.

The Commission is proposing to extend the scope of the Seveso II Directive to extractive activities.

A study on the management of mining waste and the assessment of related environmental risk will be completed during 2000. On the basis of the results of the study, a Directive on the management of mining waste may be proposed.

The Commission is proposing to draw up an inventory of abandoned mine sites and unrestored quarries which spoil the landscape and may pose environmental threats.

As a result of the exchange of information under the IPPC Directive, it will be possible to produce a document on the best available technology to reduce pollution and prevent or mitigate accidents in the extractive industry.

The White Paper on environmental liability reinforces the key principles of polluter-pays, prevention and precaution and others to be taken into account by the extractive industry.

The Commission is carrying out a study on voluntary environmental agreements in the European Union. On the basis of its findings, the Commission will further assess the potential use of such instruments in the extractive industry. This communication points out that several companies in the sector have adopted codes of conduct, best practice guides and policies on environmental protection.

The communication stresses that the development of environmental performance indicators would make it possible to establish a detailed assessment of the industry’s environmental performance. Resource use, discharges to air and water and land use are proposed as indicators. These indicators must provide for common measuring standards to allow for comparison of performance.

The communication stresses the importance of finding an approach for the extractive industry which takes greater account of the environment and land use planning.

Extractive operations may help to arrest depopulation in certain areas. As those operations have a finite life however, it is necessary to consider how lasting economic effects can be created in those areas.

The Commission points to the very rapid technological progress in the sector. It encourages the extractive industry to develop a common European platform to take advantage of the potential which the European research area will offer.

The Commission is willing to facilitate a framework to intensify the dialogue between the Member States, both sides of industry, NGOs, the Commission and other stakeholders. It invites all these parties to make proposals on the objectives, constitution and format of such a framework.

Role of the Member States

The competent authorities of the Member States are invited to ensure access to sites for the extractive industry and guarantee a high level of environmental protection, e.g. by incorporating environmental protection rules in their laws on mines.

The Commission invites the Member States to equip themselves with the administrative structures needed to maintain a business climate conducive to investment in the industry. To achieve this, it suggests the organisation of benchmarking of mining legislation.

The Commission recommends that public authorities in Member States adequately balance the need for land access for industry with the need for a high level of environmental protection. Member States are also invited to share experiences and information in this area.

The Commission recommends that Member States study the industry’s needs for higher education and welcomes the fact that a number of universities and the European industry have set up a network for cooperation and student exchange in the field of mining and mineral engineering.

The extractive industry in the candidate countries

The extractive industry in the candidate countries faces great difficulties in meeting the environmental requirements of the Community. In those circumstances, the Commission urges these countries to speed up privatisation and restructuring of the industry. The communication also recommends making an inventory of the problems in the sector in order to be able to prepare a strategy.

The communication mentions the development of new extractive operations and industrial cooperation as effective ways of developing the sector in candidate countries.

Related Acts

Directive 2006/21/EC

of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries [Official Journal L 102 of 11.04.2006].
This directive introduces measures to prevent or minimise any adverse effects on the environment and resultant risks to health resulting from the management of waste from the extractive industries, such as tailings and displaced material. In particular, it contains provisions relating to facilities for the management of waste from the extractive industries, measures for the management of this waste, and the inspections to be carried out.

Convention on the Protection of the Alps

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Convention on the Protection of the Alps

Outline of the Community (European Union) legislation about Convention on the Protection of the Alps

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Environment > Soil protection

Convention on the Protection of the Alps

Document or Iniciative

Council Decision 96/191/EC of 26 February 1996 concerning the conclusion of the Convention on the Protection of the Alps (Alpine Convention).

Summary

The aim of this Convention is the long-term protection of the natural ecosystem of the Alps and sustainable development in the area, as well as the protection of residents’ economic interests. The guiding principles of the Convention are prevention, polluter-pays and trans-border cooperation.

The Parties to the Convention are Austria, France, Germany, Italy, Liechtenstein, Monaco, Slovenia, Switzerland and the European Community.

In order to fulfil their objective effectively, the Parties to the Convention act in the areas of regional planning, the conservation of nature and the countryside, mountain farming, mountain forests, soil conservation, tourism and recreation, energy, transport, prevention of air pollution, water management, population and culture, and waste management.

The Convention provides for the drawing up and adoption of application protocols for each of these areas as well as for resolving disputes between the Parties.

The Parties are obliged to cooperate in the fields of research and regional monitoring as well as on legal, scientific, economic and technical matters.

A Conference of the Contracting Parties (“the Alpine Conference”) holds regular meetings (in principle every two years) to look at issues of common interest for the Contracting Parties and to make decisions and recommendations.

The Convention entered into force for the European Community on 4 April 1998.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Decision 96/191/EC	26.2.1996	–	OJ L 61 of 12.3.1996

Related Acts

Council Decision 2006/516/EC of 27 June 2006 on the conclusion, on behalf of the European Community, of the Protocol on Soil Protection, the Protocol on Energy and the Protocol on Tourism to the Alpine Convention [Official Journal L 201 of 25.7.2006].

Council Decision 2006/655/EC of 19 June 2006 on the approval, on behalf of the European Community, of the Protocol on the implementation of the 1991 Alpine Convention in the field of mountain farming [Official Journal L 271 of 30.9.2006].
This Protocol establishes international measures aimed at ensuring and promoting mountain farming which suits local conditions and is compatible with the environment. It aims to make a long-term contribution to maintaining population and sustainable economic activities helping to produce typical quality produce, safeguard the natural environment, protect against natural risks, and conserve the beauty and the recreational value of the traditional countryside and cultural life.

Council Decision 2005/923/EC of 2 December 2005 on the signing on behalf of the European Community of the Protocol on Soil Protection, the Protocol on Energy and the Protocol on Tourism to the Alpine Convention [Official Journal L 337 of 22.12.2005].
The Protocol on Soil Protection contains measures focusing, amongst other things, on the designation of protected areas, areas at risk or threatened by erosion, the economical and prudent use of soils and raw materials, and certain activities such as agriculture, forestry and tourism.

The Protocol on Energy focuses mainly on the use of certain types of energy such as renewables, hydroelectricity and fossil fuels, on transport and energy distribution, and on the restoration of sites following public or private works.

The provisions of the Protocol on Tourism primarily concern tourism management and controlling tourist flows, structural developments such as ski lifts and ski slopes, accommodation and the balanced development of economically weak areas.

Commission declarations have been annexed to the Decision, in particular concerning questions of interpretation and the compatibility with the Treaties of some provisions in the Protocols.

Commission Decision 2004/69/EC of 22 December 2003 adopting, pursuant to Council Directive 92/43/EEC, the list of sites of Community importance for the Alpine biogeographical region [Official Journal L 14 of 21.1.2004].
As part of the Natura 2000 Network and to protect biodiversity through the conservation of natural habitats and wild fauna and flora in the Member States, the Commission, in agreement with the Member States concerned, has drawn up a list of sites of Community importance for the Alpine biogeographical region.

Council Decision 98/118/EC of 16 December 1997 concerning the conclusion of the Protocol of Accession of the Principality of Monaco to the Convention on the Protection of the Alps [Official Journal L 33 of 7.2.1998].

Export and storage of mercury

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Export and storage of mercury

Outline of the Community (European Union) legislation about Export and storage of mercury

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Environment > Soil protection

Export and storage of mercury

Document or Iniciative

Regulation (EC) No 1102/2008 of the European Parliament and of the Council of 22 October 2008 on the banning of exports of metallic mercury and certain mercury compounds and mixtures and the safe storage of metallic mercury.

Summary

The ban on exports of mercury from the European Union (EU) shall contribute to reducing the global mercury supply, and, indirectly, to limiting the emissions of this heavy metal, which is extremely toxic to the environment.

The ban

This Regulation bans the exports of metallic mercury and certain mercury compounds and mixtures originating from the EU. The ban is to apply from 15 March 2011 to exports of:

metallic mercury (Hg);
cinnabar ore;
mercury chloride (Hg₂Cl₂);
mercury oxide (HgO);
mixtures of metallic mercury with other substances with a mercury concentration of at least 95 % weight.

Mercury storage

From 15 March 2011, mercury produced by certain industrial activities will have to be stored in conditions that guarantee the safety of human health and the environment. The industrial activities concerned are:

the chlor-alkali industry;
the cleaning of natural gas
non-ferrous smelting and mining operations; and
the extraction of cinnabar ore in the European Union.

Metallic mercury from these sources is considered waste, metallic mercury and can be stored:

temporarily or permanently in an underground salt-mine adapted for the purpose or in deep underground, hard rock formations; or even
temporarily in above-ground facilities specifically dedicated for that purpose prior to its final disposal.

This option constitutes a derogation from the provisions of Directive 1999/31/EC, which prohibit the disposal of liquid waste in landfills (metallic mercury is liquid at normal temperature and pressure).

Safety assessment

The safety assessment for the storage of mercury is carried out in accordance with Decision 2003/33/EC establishing criteria and procedures for the acceptance of waste at landfills. This assessment shall ensure that the particular risks arising from the nature and long-term properties of the metallic mercury and its containment are covered.

Storage permit

The permit which is granted to mercury storage sites shall include requirements for regular visual inspections of the containers and the installation of appropriate vapour detection equipment to detect any leak.

Member States shall submit to the Commission a copy of any permit issued for a facility designated to store mercury, as well as information on the application and market effects of this Regulation in their territory by 1 July 2012.

Exchange of information

The Commission shall organise an exchange of information between the Member States and the industries concerned on the possibility of:

extending the export ban to other mercury compounds, to mixtures with a lower mercury content and to products containing mercury (thermometers, barometers and sphygmomanometers);
an import ban of metallic mercury, mercury compounds and products containing mercury;
extending the storage obligation to metallic mercury from other sources;
time limits concerning temporary storage of metallic mercury.

Background

The ban on exports and the safe storage of surplus mercury are essential elements of the Community strategy concerning mercury adopted in 2005. This strategy aims to combat pollution caused by mercury in the EU and the world. It includes 20 actions which aim to reduce mercury emissions, limit supply and demand and protect against exposure, particularly to methylmercury present in fish.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 1102/2008	4.12.2008	–	OJ L 304 of 14.11.2008

Related Acts

Communication from the Commission of 28 January 2005, “Community Strategy concerning Mercury” [COM(2005) 20 final- Not published in the Official Journal].

In view of the risks to human health and the environment associated with mercury the EU is drawing up a strategy based on six objectives and accompanied by specific actions chiefly aimed at reducing the quantity and circulation of mercury in the EU and the wider world and populations’ exposure to the substance.

Directive 82/176/EEC (RO) (SK) (SL) (FI) (SV) of 22 March 1982 on limit values and quality objectives for mercury discharges by the chlor-alkali electrolysis industry [Official Journal L 81 of 27 March 1982].
This Directive lays down limit values for mercury emission standards in the EU’s aquatic environment. It also lays down methods for measuring the mercury content in discharges and a monitoring procedure.