WRITTEN QUESTION P-0540/03 by Samuli Pohjamo (ELDR) to the Commission. Definition of waste in the preparation of the Mining Waste Directive.
Date: 2003-02-19
Institutions: European Parliament, Provisional data
Subjects: Northern Europe, case-law (EU), corporate finance, decontamination, environmental protection, industrial waste, interpretation of the law, mining operation, ore deposit, small and medium-sized enterprises

C 268 E/108

Official Journal of the European Union

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7.11.2003

2003, the breakdown between the various Member States is far from uniform, as 79 % of installations are
located in only four countries and 67 % in three. Contrary to what might be expected, the countries with
the best performance are not, with the exception of Greece, those with the greatest potential, but rather
those where proactive measures have been taken.

As regards the targets of the Member States, Community acts refer only to the commitment of the Member
States as regards,
target of a 12 % share for renewable energies in total energy
consumption by 2010 and, second, national targets regarding electricity production from renewable
energy sources under Directive 2001/77/EC (1). Only a minority of Member States have specific
programmes or targets concerning the development of solar heating.

the overall

first,

At Community level, legislative instruments do not contain any specific targets for thermal solar energy or
heating/refrigeration. Nevertheless, the Member States have committed themselves under Directive 2002/
91/EC of the European Parliament and of the Council of 26 December 2002 on the energy performance of
buildings (2) to reduce demand in this sector by introducing measures concerning energy efficiency and the
use of renewable energy sources. Some cities have already adopted municipal regulations to promote the
use of solar heating in buildings.

The Commission supports initiatives aimed at promoting thermal solar energy under Community
programmes, including its use in buildings and heating/refrigeration. As regards innovation under the 6th
Framework Programme for research and technological development, one objective is Community support
for the development of more efficient solar collectors and the use of plastic and composite materials
(for example Flexcol and Compact projects). A second objective concerns the development of more
efficient solar power stations for the large scale production of energy using solar concentration
technologies (for example, Eurotrough, Solair and PS10 projects). As regards promotion, the Altener
programme encourages the production of solar energy in sectors such as tourism (hotels, etc.) and sport
(sports facilities). Certain regions of the Member States have turned to the European Regional Development
Fund (ERDF) for financial assistance for solar energy programmes (for example, Crete and Andalusia).

The Commission considers that the targets set (cid:1) between 75 and 100 million square metres (cid:1) should be
maintained and that efforts should be made in regions with the greatest potential, particularly through the
rapid application of the abovementioned Directive on the energy performance of buildings.

(1) Directive 2001/77/EEC of the European Parliament and of the Council of 27 September 2001 on the promotion of
electricity produced from renewable energy sources in the internal electricity market, OJ L 283, 27.10.2001.

(2) OJ L 1, 4.1.2003.

(2003/C 268 E/109)

WRITTEN QUESTION P-0540/03

by Samuli Pohjamo (ELDR) to the Commission

(19 February 2003)

Subject: Definition of waste in the preparation of the Mining Waste Directive

Promising ore deposits have been discovered in Northern Scandinavia. The exploitation of these deposits
would be very important not only for these areas but for the EU as a whole. Their importance is all the
greater in view of the level of development of the region in other respects, a region where it is difficult to
develop new economic activities and improve employment because of the low population density, the cold
climate and the long distances.

The recent interpretation of mining waste by the Court of Justice of the European Community, however,
jeopardises the economic operating conditions of the prospective new mines. The core of the problem is
that waste is not classified according to the danger it represents to the environment. For example,
mechanically and chemically untreated surface materials and leftover stone are not in any way dangerous
substances, and they should emphatically not be classified as waste when they are moved to a temporary
storage place for the duration of the mining operations.

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Official Journal of the European Union

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A further problem is posed by the enormous payments required to guarantee the after-care of the mines.
The small and medium-sized enterprises working in this area do not have enough funds at their disposal to
pay these guarantees.

What measures does the Commission propose to take to ensure that the Mining Waste Directive currently
in preparation distinguishes sufficiently clearly between leftover stone and surface material resulting from
mining activities on the one hand and waste materials harmful to the environment on the other? It should
take particular account of the economic conditions for the operation of the prospective mines. In what
way are the preparations for the directive considering the viewpoint of small and medium-sized
enterprises?

Answer given by Mrs Wallström on behalf of the Commission

(3 April 2003)

In preparing a proposal for a Directive on the management of waste from extractive industries, the
Commission’s intention is to allow for requirements proportionate to the risks involved by the various
types of waste generated. In doing so, the Commission draws on the definition of ‘waste’ set out in the
Waste Framework Directive, Council Directive 75/442/EEC of 15 July 1975 on waste (1) (as amended by
Council Directive 91/156/EEC of 18 March 1991 (2)). The recent ruling of the European Court of Justice
the Honourable Member is referring to will serve as a guide for any future interpretation of this notion.

Regarding the financial guarantees for the after-care of the waste facilities, the Commission has not yet
taken any decision but is considering a sufficiently broad range of instruments, whereby the amount of
guarantee will be adapted to the progress of rehabilitation work. It is expected that these arrangements will
properly address the viewpoints of small and medium-sized enterprises.

(1) OJ L 194, 25.7.1975.
(2) OJ L 78, 26.3.1991.

(2003/C 268 E/110)

WRITTEN QUESTION E-0550/03

by Laura González Álvarez (GUE/NGL) to the Commission

Subject: Environmental impact of wind farms

(26 February 2003)

Environmental, cultural and local community groups have drawn our attention to their concerns about the
uncontrolled proliferation of wind farms in the province of Guadalajara (Campisalabos, Cantalojas and
Villa) and those that are planned in the Tiermes-Caracena (Canalejas, Sierro and De Grado) area in Soria.
Farms at Hijes and Somolinos have not been authorised on environmental grounds.

The Tiermes-Caracena area is classified as an Important Bird Area (IBA No 079) and is located between the
Altos de Barahona and Macizo de Ayllón Special Protection Areas (SPAs) for birds. The area is home to
large populations of griffon vulture, black vulture, golden eagle, owl, Egyptian vulture and the highly-
endangered Dupont’s lark.

The archaeological site at Tiermes (which has been declared a cultural asset by the Castilla-Léon regional
government), covering a period ranging from the Bronze Age to the Middle Ages, includes an important
necropolis and an entire Roman town. The medieval buildings include the twelfth-century church of Our
Lady of Tiermes. The local inhabitants, who, despite having applied to the relevant authorities, have yet to
receive the information they require on the matter, consider this situation to be a serious threat to the
area’s rich natural and artistic heritage.

Would the Commission not agree that directives:

(cid:1) 97/11/EC (1) on environmental impact assessments,

(cid:1) 79/409/EEC (2) on the conservation of wild birds,