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Project Structure

National. Experts. Project Structure. European. Inventory. Environment Agency. Research. Workshop I. Contracts in. Regulations. Pre-Accession. Countries. DG Environment. New Initiative on. Mining Waste. Collaboration. Environmental. with National. Impact. and Regional.

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Project Structure

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  1. National Experts Project Structure European Inventory Environment Agency Research Workshop I Contracts in Regulations Pre-Accession Countries DG Environment New Initiative on Mining Waste Collaboration Environmental with National Impact and Regional Workshop II Authorities JRC Institutional Links

  2. METHODOLOGY • literature review, web search • establishing project homepage • glossary of EU legal terms • workshops, missions • screening Candidates’ and Community legislation • questionnaire • consultation with legal experts • interpretation, synthesis • reporting • publishing pecomines

  3. DELIVERABLES • Collection of relevant literature and web links • Collection of relevant legislation of Candidate Countries • EU glossary of relevant terms • Contribution to project homepage • Workshops • Inputs to Mining Waste Directive drafting • Preliminary draft report • Articles in international journals • Final report (JRC volume) pecomines

  4. CONCLUSIONS OF SCREENING THE ACQUIS • specific mining legislation does not exist ( interests of mining lobby and Member States?) • relevant but sometimes contradicting provisions ( malfunctions of EU legislation process?) • a Community Directive with a wide scope on mining waste (and minerals) management fits the best • amendment of certain directives is necessary (Seveso II, Landfill, EIA, Waste Shipment, Construction etc.) • EU basis for harmonisation is unconsolidated incorporation of Candidates’ ideas helps EU legislative efforts pecomines

  5. QUESTIONNAIRE ADDRESSED AND CLARIFIED • Ownership (land, minerals, waste) • Authority framework, licensing procedures • EIA methodology and limit values • Control, sanctions, liability • Financial aspects and public acceptance • National policies, programmes • Data management and access • Original regulatory ideas pecomines

  6. pecomines Exploitation REGULATIONS WORKPACKAGE Workshop No.2  25 p. Intro 25 p. EU screening 25 p. Synthesis Experts’ answers 130 p. Workshop No.1 Annexes 30 p. Start of project

  7. KEY PLAYERS IN MINING WASTE MANAGEMENT IN HUNGARY Parliament Constitutional Court Supreme Court Government M. of Economy M. of Env. Prot. M. of Trans. & Water County Courts H. Mining Off. H. Geol. Surv. Natl. Env. Inspect. Natl. Water Auth. Reg. Offices Reg. Offices Reg. Inspect. Reg. Water Auth. local governments Municipal Courts mining companies landowners local public Legend legislation authorities jurisdiction interested parties

  8. TYPICAL LEGISLATION FRAMEWORK OF MINING IN CANDIDATE COUNTRIES Constitution Civil Code Subsurface Resources (Mining) Environment Water Spatial Planning Catastrophes Waste EIA Nature Cons. Soil Management Mining Operation Hazardous Waste Water Use & Prot. Nuclear Energy Landfill Other Implementing Legislation Legend Act Government Decree Ministerial Order

  9. TYPICAL REGULATORY FRAMEWORK OF MINING IN CANDIDATE COUNTRIES Constitutional Court Supreme Court Council of Ministers (Government) Min. of Economy Min. of Environment Min. of Water Mining Authority Geological Survey Env. Authority Water Authority County Courts Regional or Local Professional Authorities Local Governments Local Courts Legend Jurisdiction Supervising Authorities First-instance Authorities

  10. TITLE AND SCOPE OF MINING ACTS pecomines

  11. INTERNATIONAL CONVENTIONS 1 pecomines

  12. INTERNATIONAL CONVENTIONS 2 pecomines

  13. LEGAL CLASSIFICATION OF MINES LEGEND potentially high environmental risk medium environmental risk low environmental risk pecomines

  14. MAJOR CONCLUSIONS OF THE REPORT 1 • Legislative and regulatory authority framework exist in CCs relevant to mining/minerals/mining waste management • Adoption of EU waste legislation is advanced • EU discrepancies are already introduced to national legislation • Regulatory solutions vary according to mineral types and mining traditions • Regulatory control and sanctions (incl. legal and financial tools) are not efficient pecomines

  15. MAJOR CONCLUSIONS OF THE REPORT 2 • Opening and operation of mines are well regulated, closure and aftercare are less prescribed • Geological data (incl. changes in mineral resources) are well recorded, mining operation and waste data are less accurately managed • Mining safety regulations do not focus on environmental impacts • Minor use of royalty incomes for mitigating mining related environmental impacts pecomines

  16. FURTHER TASKS OF THE LEGAL EXPERTS • Report • JRC Volume • Articles • Input to MWD drafts pecomines

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