A legal analysis commissioned by the European NGO Transport & Environment (T&E) examines whether current EU rules on mining waste are fit for new projects. The assessment is linked to plans to open additional mines to help meet a 10% mining target under the Critical Raw Materials Act. T&E evaluated the adequacy of the existing framework against that objective.
EU mining waste rules assessed against raw materials expansion plans
T&E’s analysis focuses on the 2006 EU Extractive Waste Directive (EWD), which sets requirements for extractive waste management. The NGO says Europe’s environmental and social standards are often cited as safeguards against harmful impacts from mining activities, including those involving critical raw materials such as lithium. It argues that the current directive leaves gaps relevant to new mining proposals.
The analysis also points to a long-term decline in Europe’s mining sector, describing this as a factor behind regulations that it says are outdated. T&E states that, in some cases, the rules are less stringent than those in countries including Brazil and China. The legal review was prepared by Hörchner Advocaten, an environmental law firm based in the Netherlands.
Serbia-EU memorandum and European Commission statements
The assessment is set against policy developments involving Serbia and the EU. A memorandum of understanding on sustainable raw materials has been signed between Serbia and the European Union. In connection with that agreement, Maroš Šefčovič, Vice President of the European Commission, previously asserted that the EU has the most comprehensive and stringent regulatory framework for sustainable development and environmental protection globally.
T&E’s review takes place as Europe looks to expand mining capacity for critical raw materials. The NGO’s evaluation is presented as a test of whether existing mining waste regulations can support new projects under the broader raw materials agenda. The analysis highlights shortcomings in how the EWD addresses key risk areas.
Jadar lithium project included among projects scrutinized
One project referenced in the review is Rio Tinto’s Jadar lithium project. T&E says its commissioned legal analysis identifies multiple shortcomings in how the EWD would apply to extractive waste from such developments. The issues are described as affecting technology requirements, environmental and community safeguards, closure safety, and administrative clarity.
The analysis lists four main concerns with the directive. First, it says the EWD does not mandate adoption of the safest and most advanced mining waste technologies. Second, it states current provisions do not provide adequate protection for affected environments or local communities.
Technology, closure safety, and accountability gaps cited in EWD
The third concern raised by T&E relates to mine closure risks. The NGO’s analysis describes concerns about closure safety and potential disaster risks if proper protocols are not followed. The fourth issue concerns unclear responsibilities and timelines under accident or damage scenarios.
T&E says the directive lacks clarity on responsibilities when accidents or damage occur. It also states that it does not specify how strong or how frequently prevention and monitoring plans should be. According to T&E, these ambiguities could lead to uneven application across member states.
T&E warns about uneven implementation across member states
T&E warns of a significant risk of fragmentation in how the EWD is implemented. It says many critical provisions remain ambiguous and subject to discretion by individual EU member states. The NGO emphasizes a need for clearer guidance on accountability and preventative measures within the directive framework.
In response to its findings, T&E calls for revision of the EWD. The NGO also provides recommendations intended to address gaps identified in technology standards, environmental and community protection, mine closure safety, and responsibility and timeline requirements for prevention and monitoring.