ARTICLE
The European Commission rejected the European Parliament's resolution related to the prohibition of the use of cyanide
July 1, 2010
In our May 2010 issue we informed about the Resolution of the European Parliament [Resolution (2010)0145] in which it was requested to the European Commission to submit a proposal for the complete prohibition of the “use of cyanide based mining technologies in the European Union before the end of 2011”, with the purpose of protecting water resources and ecosystems from cyanide contamination resulting from mining activities.
On June 23, the position of the European Commission on said Resolution was made known through the answer given by the European Commissioner Potocnik on behalf of the European Commission.
(a) After a profound analysis of the issue stated by the Resolution (2010)0145, the European Commission considers that “the general prohibition of cyanide in mining activities is not justified from the environmental point of view nor health in general”.
(d) The European Commission considers the priority should be ensuring the application of Directive 2006/21/EC by the Member States.
On June 23, the position of the European Commission on said Resolution was made known through the answer given by the European Commissioner Potocnik on behalf of the European Commission.
Likewise, this answer points out that:
(a) After a profound analysis of the issue stated by the Resolution (2010)0145, the European Commission considers that “the general prohibition of cyanide in mining activities is not justified from the environmental point of view nor health in general”.
(b)There is legislation (Directive 2006/21/EC) that include precise and strict requirements to ensure an appropriate level of security for residues generated by the mining industry. In this way, it points out that “the limit values for cyanide storage defined by the aforesaid Directive are as strict as possible and mean in effect a step towards the destruction of cyanide after it is stored”.
(c)Due to the lack of a better alternative technology (one causing lower impact on the environment), “a general prohibition for the use of cyanide would mean the closing of mines which are operating in appropriate security conditions”. That would be detrimental to employment with no added value to health or the environment.
(d) The European Commission considers the priority should be ensuring the application of Directive 2006/21/EC by the Member States.
This insight is a brief comment on legal news in Argentina; it does not purport to be an exhaustive analysis or to provide legal advice.