Mining, remediation, and financial guarantees : the Swedish implementation of the Extractive Waste Directive 2006/21

Abstract: Modern society relies on metals and minerals produced by the mining industry. However, waste from extractive operations is one of the largest waste streams in the European Union. This waste can have serious impact on the environment and human health and safety in the long-term. Wastes from mining industries must therefore be properly managed. To ensure that extractive waste facilities are properly managed, and that the necessary remedial measures are taken, the operator must provide a financial guarantee before commencing operation. This financial guarantee provides the necessary funds for remediation, regardless of the financial capacity of the operator. The financial guarantee instrument was imposed on the mining sector through the Extractive Waste Directive 2006/21/EC. Considering the financial guarantee instrument’s novelty in the European Union, and Sweden’s status as one of Europe’s major mining countries, the Swedish implementation of Extractive Waste Directive 2006/21/EC has been chosen as the focus of this study. Thus, this thesis will provide insight into the Swedish implementation’s practicality, predictability, and conformity with European Union law.