Sustainable Mining in the European Union: The Legislative Aspect

This paper is a review of the community legislation of the European Union (“acquis communautaire”) with regard to the mineral extractive industry. It highlights the existing inconsistencies of the acquis, which require correction. Historically, the mining industry has received privileged treatment within the European Community. The treaties declare the promotion of a policy of using natural resources prudently and rationally to avoid their unconsidered exhaustion. However, mining is excluded from the scope of major environmental directives or reserves a certain freedom for interpretation. This has led to an increasing number of related cases at the European Court of Justice.The regulatory tools of the environmental acquis are rather diverse in controlling the emission sources, the pollution pathways, and the impacted receptor media through administrative measures or assigning environmental quality targets. A combined approach is needed for controlling the environmental impacts of the extractive industries. The amendment of the Seveso II Directive, the elaboration of a reference document on best available techniques and the preparation of a wide-scope directive on mining waste management might provide a frame for the elimination of the above discrepancies. In addition, a coherent European Community policy based on the balanced consideration of economic, environmental, and social aspects could ensure a sustainable development of the mining industry.