WRITTEN QUESTION E-3280/97 by Bernd Lange (PSE) to the Commission (20 October 1997)

Subject: Classification of the stowage of waste in mining cavities according to Annex IIA or IIB of Directive 91/156/EEC on waste

In Germany, some of the waste used as stowage in mines is of high quality and could be suitable for recycling, for example the recovery of metals from steelwork dust or the treatment of foundry sand. This is contrary to a waste management policy of channelling waste towards recovery centres where it can be recycled as effectively as possible and endangers the very existence of such recovery centres.

1. Is stowage in mines a disposal operation within the meaning of Annex IIA or a recovery operation within the meaning of Annex IIB of Directive 91/156/EEC?

2. If the Commission considers stowage in mines to be a disposal operation, does it regard it as the most rational solution in ecological terms?

3. What part of coherent Community waste-management strategy is formed by stowage in mines?

Answer given by Mrs Bjerregaard on behalf of the Commission (5 December 1997)

1. The Commission considers stowage of waste in mines to be a disposal operation in accordance with Annex IIA of Directive 75/442/EEC, as amended by Directive 91/156/EEC ((OJ L 194, 25.7.1975 amended by Directive 91/156/CEE, OJ L 78, 26.3.1991. )), on waste. Such an operation could be classified as D1, D3 or D12.

2. Pursuant to Article 3 of Directive 75/442/EEC, Member States take the appropriate measures to encourage firstly the prevention or reduction of waste production and its harmfulness, and secondly the recovery of waste by means of recycling, re-use or reclamation or any other process with a view to extracting secondary raw materials or the use of waste as a source of energy.

This hierarchy of waste management principles is confirmed in the communication from the Commission on the review of the Community strategy for waste management of July 1996 ((COM(96) 399 final. )), stating that prevention of waste shall remain the first priority, followed by recovery and finally by the safe disposal of waste. It is recognised that this hierarchy has to be applied with a certain degree of flexibility, with a view to the best environmental solution in each specific case. Notwithstanding, landfilling of waste is seen by the Commission as the last and least best solution.

3. In the context of a coherent Community waste management strategy, the Commission is of the opinion that stowage of waste in mines may be considered as an option when the other options higher up the waste management hierarchy, namely prevention and recovery, have been exhausted or are not possible for the waste in question taking into account available technologies and economic and social costs.

The authorities would have to ensure that any stowage is carried out without endangering human health or the environment, and in particular without risk to water and soil. For this purpose, the operation must be subject to a permit from the authority in accordance with Article 9 of Directive 75/442/EEC. Such a permit will cover the types and quantities of waste, the technical requirements, the security precautions taken, the disposal site and the treatment method. If the intended method of disposal is unacceptable from the point of view of environmental protection, it may be refused.