Address https://gelex.eu/eli/EU/decision/2009/335@2009-04-20/en

Contents

1. Preamble
2. 1. Article 1
   2. Article 2

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to 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, and in particular Article 22(1)(c) thereof,

Whereas:

(1) In order to ensure a common approach between the Member States when the financial guarantee referred in Article 14 of Directive 2006/21/EC is established, a minimum common basis for the calculation of the guarantee should be defined and notably for what concerns the information to take into account and the method of calculation of the guarantee;

(2) The measures provided for in this Decision are in accordance with the opinion of the Committee established in accordance with Article 23(2) of Directive 2006/21/EC,

HAS ADOPTED THIS DECISION:

Article 1

1. Member States and competent authorities shall base the calculation of the financial guarantee referred to in Article 14 of Directive 2006/21/EC on the following:

(a) the likely impacts on the environment and on human health of the waste facility;

(b) the definition of the rehabilitation including the after use of the waste facility;

(c) applicable environmental standards and objectives, including physical stability of the waste facility, minimum quality standards for the soil and water resources and maximum release rates of contaminants;

(d) the technical measures needed to achieve environmental objectives, in particular measures aiming at ensuring the stability of the waste facility and limit environmental damages;

(e) the measures required to achieve objectives during and after closure, including land rehabilitation, after closure treatment and monitoring if required, and, if relevant, measures to reinstate biodiversity;

(f) the estimated time scale of impacts and required mitigation measures;

(g) an assessment of the costs necessary to ensure land rehabilitation, closure and after closure including possible after closure monitoring or treatment of contaminants.

2. The assessment referred to in point (g) shall be performed by independent and suitably qualified third parties and shall take into account the possibility of unplanned or premature closure.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 20 April 2009. For the Commission Stavros Dimas Member of the Commission

Versions

1. 2009-04-20

Cited by

• P8_TA(2015)0349 Lessons learned from the red mud disaster five years after the accident in Hungary European Parliament resolution of 8 October 2015 on lessons learned from the red mud disaster, five years after the accident in Hungary (2015/2801(RSP)) 2017/C 349/09 Notice · Grade B

  having regard to Commission Decision 2009/335/EC of 20 April 2009 on technical guidelines for the establishment of the financial guarantee in accordance with Directive 2006/21/EC of the European Parliament and of the Council concerning the management of waste from extractive industries,

• P8_TA(2015)0349 Lessons learned from the red mud disaster five years after the accident in Hungary European Parliament resolution of 8 October 2015 on lessons learned from the red mud disaster, five years after the accident in Hungary (2015/2801(RSP)) 2017/C 349/09 Notice · Grade B

  Notes that the 2010 red mud disaster was Hungary’s worst industrial catastrophe, and commemorates the victims on the occasion of the fifth anniversary of that tragic event; Recognises the rapid and effective intervention of the national authorities in the crisis response phase and the major efforts made by civil society during the unprecedented disaster; Recalls that Hungary triggered the EU Civil Protection Mechanism and received a European team of experts charged with drawing up recommendations, inter alia on how to work out optimal solutions for eliminating and mitigating damages; Notes tha

• P8_TA(2017)0199 Implementation of the Mining Waste Directive European Parliament resolution of 27 April 2017 on implementation of the Mining Waste Directive (2006/21/EC) (2015/2117(INI)) 2018/C 298/17 Notice · Grade B

  having regard to Commission Decision 2009/335/EC of 20 April 2009 on technical guidelines for the establishment of the financial guarantee,

• P8_TA(2017)0199 Implementation of the Mining Waste Directive European Parliament resolution of 27 April 2017 on implementation of the Mining Waste Directive (2006/21/EC) (2015/2117(INI)) 2018/C 298/17 Notice · Grade B

  whereas Commission Decision 2009/335/EC is without prejudice to Article 14 of the Directive, which requires that the financial guarantee be based on the assumption of rehabilitation being performed by a third party;

• P8_TA(2017)0199 Implementation of the Mining Waste Directive European Parliament resolution of 27 April 2017 on implementation of the Mining Waste Directive (2006/21/EC) (2015/2117(INI)) 2018/C 298/17 Notice · Grade B

  Regrets the fact that Member States (EU-27) have experienced certain transposition problems in terms of timing or quality, or both, and that proper implementation of the Directive cannot be expected in practice for the time being in all Member States, given the existence of ongoing non-conformity infringement procedures; 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; asks the Commission to provide sufficient guidance to the Member States in order to ensure this correct and complet