Europe’s demand for critical raw materials is rising sharply, yet its mining waste regulations remain dangerously outdated. As the continent races to secure metals essential for the energy transition, digital technologies, and defence, new mines are being proposed to reduce reliance on imports. The EU Critical Raw Materials Act aims for 10% of the EU’s mined materials to come from local sources by 2030, but outdated rules could undermine both safety and sustainability.
Mining waste: Europe’s hidden risk
Mining and quarrying generate the largest waste stream globally, totaling around 100 billion tons annually. As ore grades decline, more rock must be processed to extract metals, creating vast amounts of tailings and by-products. Improperly managed, this waste can include heavy metals like arsenic and lead, or acid-generating materials, posing serious risks to human health and ecosystems.
Past disasters underscore the danger. The Brumadinho dam collapse in Brazil in 2019 killed over 250 people, while European incidents in Baia Mare (Romania), Kolontar (Hungary), and Talvivaara (Finland) have also drawn public attention. Tailings dam failures are increasing due to larger dams, aging infrastructure, and weak oversight.
Yet mining waste can also be an economic opportunity. “Re-mining” tailings allows recovery of valuable metals, reducing the environmental footprint of legacy waste. In Europe alone, re-mined cobalt could power over 185,000 electric vehicles, demonstrating the potential for a circular and sustainable mining sector.
Outdated EU rules and gaps
The EU Extractive Waste Directive, last updated in 2006, leaves significant gaps. Legal analyses reveal fragmented implementation across Member States, inconsistent protection standards, and discretionary use of best available techniques. Technologies like filtered tailings and dry stacking, which reduce moisture and make dams safer, are widely used globally but not mandatory in Europe.
Liability and monitoring obligations post-mine closure are also unclear. Compared to countries like Brazil, Ecuador, and China, the EU has no restrictions on building tailings dams near populated areas. For instance, the Touro copper mine in Galicia, Spain, plans an 81-meter-high dam just 200 meters from a village, highlighting a critical safety gap.
Recommendations for a safer, circular future
To address these challenges, Europe must revise its mining waste framework and align it with global best practices. Key recommendations include:
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Transform the Directive into a European Extractive and Circular Waste Regulation
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Harmonize implementation across Member States.
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Integrate re-mining rules to reduce extraction of primary materials.
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Foster innovation in circular technologies, turning waste into a resource.
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Mandate the use of safest storage and monitoring techniques
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Require filtered tailings, dry stacking, and advanced monitoring.
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Protect communities and reassure the public on health and environmental safety.
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Align with Safety First Guidelines
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Incorporate global best practices endorsed by 150+ organizations.
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Ensure robust design, governance, financial security, and closure plans for tailings sites.
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The path fward
With EU mining waste rules falling short, it is critical that the European Commission revises the Extractive Waste Directive as part of the upcoming Circular Economy Act. Updated regulations would improve environmental safety, encourage circular mining practices, and support innovation in resource efficiency, ensuring that Europe can mine responsibly while advancing its green and technological ambitions.
Europe cannot afford to wait—modernizing mining legislation is essential for protecting communities, securing critical metals, and building a sustainable, circular economy.
