2015/2117(INI) | [ParlTrack]

Nicola CAPUTO, Claudiu Ciprian TĂNĂSESCU, Nessa CHILDERS, Simona BONAFÈ, Pavel POC, Massimo PAOLUCCI

Motion for a resolution
Recital G a (new)

G a. whereas the EU is highly dependent on the import of raw materials from third countries and a significant number of natural resources face rapid depletion; whereas the environmental and health legislation in those third countries is often less stringent than in the EU;

Amendment 12 #

Motion for a resolution
Recital G a (new)

G a. whereas COM(2015) 614 "Closing the loop - An EU action plan for the Circular Economy" adopted by the Commission has not provided any legislative review for the Directive;

Amendment 13 #

Motion for a resolution
Recital G b (new)

G b. whereas the transition to a circular economy offers important intrinsic environmental benefits and is key to the EU long-term competitiveness;

Amendment 14 #

Motion for a resolution
Paragraph 2

2. Calls on the Member States concerned and the Commission to ensure the correct and complete transposition of the Directive as soon as possible; requests the Commission to provide sufficient guiding to the Member States to ensure the correct and complete transposition;

Amendment 15 #

Motion for a resolution
Paragraph 2

2. Calls on the Member States concerned and the Commission to ensure the correct and complete transposition and implementation of the Directive as soon as possible;

Amendment 16 #

Motion for a resolution
Paragraph 4

4. Urges the Commission, therefore, to adopt sector-specific guidelines on inspections in the extractive waste industries as soon as possible; calls on the Commission to ensure the possibility of unscheduled on the spot inspections by the relevant competent Member States authorities;

Amendment 17 #

Motion for a resolution
Paragraph 4

4. Urges the Commission, therefore, to adopt sector-specific guidelines on inspections in the extractive waste industries as soon as possible, and in any case not later than by the end of 2017;

Amendment 18 #

Gesine MEISSNER

Motion for a resolution
Paragraph 4

4. Urges the Commission, therefore, to adopt concrete sector-specific guidelines, including a definition, on inspections in the extractive waste industries as soon as possible;

Amendment 19 #

~~4. Urges the Commission, therefore, to adopt sector-specific guidelines on inspections in the extractive waste industries as soon as possible;~~(Does not affect the English version.)

Amendment 2 #

Motion for a resolution
Citation 8

— having regard to the European Implementation Assessment study on the ‘Mining Waste Directive’ of January 2017 carried out by the European Parliamentary Research Service, including its Annex 1 Study 'Exploring the alternatives to technologies involving high environmental and health risks related to the improper management of the waste from extractive industries: Challenges, risks and opportunities for the extractive industries arising in the context of the "circular economy" concept'7 , _________________ 7 PE number: 593.788.

Amendment 20 #

Motion for a resolution
Paragraph 4 a (new)

4 a. Invites the European Commission to evaluate the possibility to start up a revision of the directive to include offshore activities and extend it to the injection of water and re-injection of pumped ground water;

Amendment 21 #

Nicola CAPUTO, Claudiu Ciprian TĂNĂSESCU, Nessa CHILDERS, Simona BONAFÈ, Elena GENTILE, Pavel POC, Massimo PAOLUCCI

Motion for a resolution
Paragraph 6 a (new)

6 a. Underlines that some figures provided by Member States regarding the number of facilities on their territories identified as being subject to the Directive do not seem plausible because in some cases they are relatively low when compared to data on the total generation of extractive waste at national level coming from other information sources;

Amendment 22 #

Motion for a resolution
Paragraph 7

7. Calls for reform of the current reporting mechanism (including the questionnaire) as a matter of priority, ~~taking into account~~in time for the upcoming deadlines for the third reporting period (2014-2017), so as to allow a proper assessment of the implementation of the Directive in practice based on the third reporting period and thereafter; calls on the Commission to ensure that the questionnaire no longer allows for different interpretations, requires Member States to report on extractive waste facilities and requires that only up-to-date information is submitted;

Amendment 23 #

Motion for a resolution
Paragraph 7

7. Calls for reform of the current reporting mechanism (including the questionnaire) as a matter of priority, taking into account the upcoming deadlines for the third reporting period (2014-2017); requests the Commission to include into the reporting mechanism a demand to provide all the relevant environmental impact data;

Amendment 24 #

György HÖLVÉNYI

Motion for a resolution
Paragraph 7 a (new)

7 a. Suggests that the questionnaire under Annex III of Commission Decision 2009/358/EC needs to be improved by obliging Member States to report exhaustive and reliable data on extractive waste facilities hosted on their territories; the chosen reform approach should allow for a European database of extractive waste facilities to be established and easily up-dated, which would be instrumental for the full picture of practical implementation of the Directive to be outlined, monitored and assessed at EU level; in addition, other approaches could be given consideration - e.g. an exemplary completed national report under Article 18(1) of the Directive could be used as a model to be followed;

Amendment 25 #

Motion for a resolution
Paragraph 8

8. ~~Takes note~~Regrets that the Commission has published only one implementation report covering both the first and second reporting periods (2008-2011 and 2011- 2014), instead of one every three years as required pursuant to Article 18(1) of the Directive, thus leaving the public for many years without information on ~~an economic activity with significant environmental, health and social implications~~the (lack of) implementation of this Directive and hereby de facto delaying further action to ensure full implementation of this Directive, even though this Directive deals with an economic activity with significant environmental, health and social implications; calls on the Commission to strictly respect the three- year intervals for reporting;

Amendment 26 #

Motion for a resolution
Paragraph 8

~~8. Takes note~~(-8) Expresses its regret that the Commission has published only one implementation report covering both the first and second reporting periods (2008- 2011 and 2011- 2014), thus leaving the public without information on an economic activity with significant environmental, health and social implications;

Amendment 27 #

Motion for a resolution
Paragraph 9

9.(-9) Acknowledges that the majority of Member States have adopted the measures required to implement the provisions set out in the Directive; ~~notes~~calls attention to the fact, however, that differences between Member States’ interpretations show that further effort is needed to ensure that all Member States understand and apply the basic concepts of the directive in a similar way, thus ensuring a level playing field across the EU;

Amendment 28 #

Motion for a resolution
Paragraph 10

10. Welcomes the Commission’s plans to issue general guidance on the implementation of the provisions set out in the Directive, which would allow for improvements in both compliance with and enforcement of the Directive; points out to the large variation in interpretation and misunderstandings as regards basic provisions of the Directive (for example, whether Member States host facilities covered by the Directive or not);

Amendment 29 #

Motion for a resolution
Paragraph 10

10. Welcomes the Commission’'s plans to issue general guidance on the implementation of the provisions set out in the Directive, which would allow for improvements in both compliance with and enforcement of the Directive, including the whole life cycle of a mining waste facility from permitting to rehabilitation and post-closure monitoring;

Amendment 3 #

Nicola CAPUTO, Claudiu Ciprian TĂNĂSESCU, Nessa CHILDERS, Simona BONAFÈ, Elena GENTILE, Pavel POC, Massimo PAOLUCCI

Motion for a resolution
Citation 10 a (new)

- having regard to COM(2015) 614 from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions "Closing the loop - An EU action plan for the Circular Economy",

Amendment 30 #

Motion for a resolution
Paragraph 11

11. Is especially concerned about the incompleteness of the process regarding the due classification and permitting of Category A facilities, which involve higher risks, and warns that external emergency plans are missing for around 25 % of the Category A facilities located on EU territory; calls, therefore, on the Member States to immediately finalise the adequate classification of facilities on their territories and submit the data to the Commission;

Amendment 31 #

Motion for a resolution
Paragraph 11

11. Is especially concerned about the incompleteness of the process regarding the due classification and permitting of Category A facilities, which involve higher risks, and warns that external emergency plans are missing for around 25 % of the Category A facilities located on EU territory; calls, therefore, on the Member States to finalise the adequate classification of facilities on their territories and to adopt the missing external emergency plans no later than by the end of 2017;

Amendment 32 #

Nicola CAPUTO, Claudiu Ciprian TĂNĂSESCU, Nessa CHILDERS, Simona BONAFÈ, Elena GENTILE, Pavel POC, Massimo PAOLUCCI

Motion for a resolution
Paragraph 11 a (new)

11 a. Is concerned that, based on the national reports submitted under Article 18(1) of the Directive, a significant number of EU Member States appear not to have correctly identified the facilities falling under the scope of the Directive, in particular as regards facilities that should be classified as falling under Category A;

Amendment 33 #

Motion for a resolution
Paragraph 11 a (new)

11 a. Highlights the importance of gaining information of the condition of the current tailings ponds; calls on the Member States to improve the dam safety, in order to protect human health and the environment especially in the Category A facilities;

Amendment 34 #

Motion for a resolution
Paragraph 12

12. Stresses the importance of already involving the local communities concerned in the planning phase of extractive waste management projects using hazardous substances, and of guaranteeing transparency and the real involvement of citizens throughout the authorisation procedure; calls on the Commission to provide good practice database for better involvement of the local communities;

Amendment 35 #

Nicola CAPUTO, Claudiu Ciprian TĂNĂSESCU, Nessa CHILDERS, Simona BONAFÈ, Pavel POC, Massimo PAOLUCCI

Motion for a resolution
Paragraph 12

12. Stresses the importance of already involving the local communities concerned in the planning phase of extractive waste management projects using hazardous substances, and of guaranteeing transparency and the real involvement of citizens throughout the authorisation procedure; reiterates the importance of the Espoo and Aarhus Conventions in this respect;

Amendment 36 #

Motion for a resolution
Paragraph 12

12. Stresses the importance of already involving the local communities concerned in the planning phase of extractive waste management projects using hazardous substances, and of guaranteeing transparency and the real involvement of citizens throughout the authorisation procedure and when updating a granted permit or permit conditions;

Amendment 37 #

Motion for a resolution
Paragraph 12 a (new)

12 a. Deplores the current practice that allows the extractive industry to buy portions of land in the close proximity to extraction points so to favour the illicit disposal of their mining waste in the cheapest possible way without any official control which results in a deadly impact on groundwater, the environment, as well as animal and human health; asks therefore the Commission to investigate the use of non authorised disposal sites and to monitor Member States policies in repressing this kind of behaviours;

Amendment 38 #

Motion for a resolution
Paragraph 12 b (new)

12b. Calls on the Commission to propose more effective measures to protect the environment and citizens' health since some Member States have proven unable so far to prevent soil and water pollution by some operators;

Amendment 39 #

Motion for a resolution
Paragraph 13

13. Takes note of the unnecessary administrative burden on authorities and operators as regards the management of inert waste and unpolluted soil, and calls on the Commission and Member States to avoid the duplication of authorisation processes, taking into account the sector’s characteristics and the safety and environment implications;deleted

Amendment 4 #

Motion for a resolution
Citation 10 a (new)

- having regard to the Commission Communication of 2 December 2015 "Closing the loop - An EU Action Plan for the Circular Economy",

Amendment 40 #

Motion for a resolution
Paragraph 13

13. Takes note of the unnecessary administrative burden on authorities and operators as regards the management of inert waste and unpolluted soil, and calls on the Commission and Member States to avoid the duplication of authorisation processes, taking into account the sector’'s characteristics and the health, safety and environment implications;

Amendment 41 #

György HÖLVÉNYI

Motion for a resolution
Paragraph 14 a (new)

14 a. Notes that existing EU legislation fails to properly address the financial implications of industrial disasters; urges the Commission to further elaborate the concept of an EU-wide industrial disaster risk sharing facility to be financed by an insurance premium harmonised at EU level in order to provide immediate and effective financial help in case of industrial disasters;

Amendment 42 #

Motion for a resolution
Paragraph 15

15. Draws attention to its resolution of 5 May 2010 on a complete ban on cyanide mining in the EU, especially in light of the weak implementation status concerning the authorisation of Category A facilities, and reiterates its call on the Commission to propose a complete ban on the use of cyanide mining technologies in the European Union as soon as possible; , especially in light of the availability of non-toxic alternatives such as for example cyclodextrin 1a ; _________________ 1aLiu et al. (2013) "Selective isolation of gold facilitated by second-sphere coordination with α-cyclodextrin", Nature Communications

Amendment 43 #

Motion for a resolution
Paragraph 15

15. Draws attention to its resolution of 5 May 2010 on a complete ban on cyanide mining in the EU, especially in light of the weak implementation status concerning the authorisation of Category A facilities, and reiterates its call on the Commission to propose a complete ban on the use of cyanide mining technologies in the European Union as soon as possible; requests the Member States to ensure immediately the best possible management of the cyanide tailings ponds;

Amendment 44 #

Motion for a resolution
Paragraph 16

16. Urges businesses and the relevant competent authorities to consider available advanced technologies during the process of permitting extractive waste facilities, especially as regards the design of tailing dams keeping in mind the highest environmental standards; calls on the Member States to collect and analyse the data provided for the permit procedure and compare it to the actual environmental impacts of an operating mining waste facility and where needed, to make the necessary correction to the permit requirements;

Amendment 45 #

Motion for a resolution
Paragraph 16 a (new)

16 a. Calls on the Commission to ensure sufficient financing for the research and innovation in the field of management of the mining waste facilities in order to improve the safety of the facilities;

Amendment 46 #

Nicola CAPUTO, Claudiu Ciprian TĂNĂSESCU, Nessa CHILDERS, Simona BONAFÈ, Elena GENTILE, Pavel POC, Massimo PAOLUCCI

Motion for a resolution
Paragraph 17

17. Calls on the Commission to use the opportunity of the ongoing Best Available Techniques Reference Document (BREF) review in the context of the ‘circular economy’' concept, to give priority to higher environmental standards and resource efficiency when defining best practices ~~on mining waste~~to be included in the mining waste management plans;

Amendment 47 #

Motion for a resolution
Paragraph 17 a (new)

17 a. Calls on the Commission to encourage the recovery of critical raw materials also from mining waste as defined in the EU Action Plan for the Circular Economy;

Amendment 48 #

Motion for a resolution
Paragraph 18

18. Takes note of the trend in mining to turn to lower-grade and deeper resources in Europe, which results in the extraction of more material in order to produce the target metal; requests the Member States to utilise waste rock in the best possible way to replace virgin rock material where possible; is very concerned about the process efficiency of chemical processing, as a lower ore/host-rock ratio means that more tailings, and thus mining waste, will be produced per tonne of target metal;

Amendment 49 #

Motion for a resolution
Paragraph 18

18. ~~Takes note of~~Regrets the trend in mining to turn to lower-grade and deeper resources in Europe, which results in the extraction of more material in order to produce the target metal; is very concerned about the process efficiency of chemical processing, as a lower ore/host-rock ratio means that more tailings, and thus mining waste, will be produced per tonne of target metal;

Amendment 5 #

György HÖLVÉNYI

Motion for a resolution
Citation 10 a (new)

- having regard to the feasibility study of the European Commission on the concept of an EU-wide industrial disaster risk sharing facility 1a , _________________ 1a Study to explore the feasibility of creating a fund to cover environmental liability and losses occurring from industrial accidents, Final Report, European Commission, DG ENV, 17 April 2013.

Amendment 50 #

Motion for a resolution
Paragraph 18 a (new)

18 a. Emphasises that in view of the EU's transition towards a circular economy, reducing the use of resources and fostering reuse and recycling are key; calls on the Commission to consider setting targets to this end, based on a life- cycle assessment;

Amendment 51 #

Motion for a resolution
Paragraph 19 a (new)

19 a. Calls on the Commission and the competent authorities in the Member States to further invest in research and development in alternative viable processes to supply the EU with raw and secondary raw materials and to prevent waste from mining activities;

Amendment 52 #

Motion for a resolution
Paragraph 20

20. Emphasises that the historical heritage of abandoned mining waste facilities could, in the medium or short term, potentially pose a serious threat to human health or the environment; calls on the Commission to clarify in the most transparent way all the derogations from the Directive provided to Member States, and the gaps that remain in relation to historical waste sites and their remediation, and to come up with an action plan on the full rehabilitation of these sites, taking into account the possible advantages of the ‘circular economy’ concept if applied to the management of waste from extractive industries;

Amendment 53 #

Motion for a resolution
Paragraph 20

20. Emphasises that the historical heritage of abandoned mining waste facilities could, in the medium or short term, potentially pose a serious threat to human health or the environment; calls on the Commission together with the Member States to come up with an action plan on the full rehabilitation of these sites, taking into account the possible advantages of the ‘circular economy’ concept if applied to the management of waste from extractive industries and taking into account best practices as for example C-Mine in Genk (Flanders);

Amendment 54 #

Motion for a resolution
Paragraph 20

20. Emphasises that the historical heritage of abandoned mining waste facilities could, in the medium or short term, potentially pose a serious threat to human health or the environment; calls on the Commission to come up with an action plan on the full rehabilitation of these sites, taking into account the possible advantages of the ‘'circular economy’' concept if applied to the management of waste from extractive industries; stresses that post- closure monitoring programs are essential part of any mining waste facility;

Amendment 6 #

Nicola CAPUTO, Claudiu Ciprian TĂNĂSESCU, Nessa CHILDERS, Simona BONAFÈ, Elena GENTILE, Pavel POC, Massimo PAOLUCCI

Motion for a resolution
Recital D

D. whereas the Commission has not yet adopted the guidelines on inspections as required by Article 22(1)(c) of the Directive, and the Directive does not explicitly define the concept of an inspection, nor set out in detail how an inspection should be carried out;

Amendment 7 #

Motion for a resolution
Recital D

D. whereas even eleven years after adoption of the Directive, the Commission has not yet adopted the guidelines on inspections as required by Article 22(1)(c) of the Directive;

Amendment 8 #