Table 1: Overview of existing legislations on mining impact regulations in Mediterranean countries

SouthernMediterranean countries / European Mediterranean countries
Mining waste management
(i.e. from exploration and mining, preparation and treatment of minerals) / Mining waste are not addressed separately from other waste categories (see Tunisian Law n° 96-41 dated on June 10,1996 specified for years later by the Decree No. 2000-2339 of October 10, 2000 and Moroccan law n° 28-00 where we find no specific definition of the dangerousness of mining waste and no specific provision for their management) / The management of extractive waste is the subject of various legal texts (for instance the Spanish Royal Decree 975/2009, of June 12, 2009 in Spain and the French Decree No 2011-220 of February 25,2011 in France, pursuant to the directive 2006/21 EC).
Environmental objectives
(environmental impact study; preventive protection and restoration after damages) / Environmental objectives are presents both in waste legislation (Tunisian Law n° 96-41 of June 10,1996 ; Moroccan royal decree n° 1-06-153 of November22, 2006) and in mining regulations (TunisianLaw 2003-30 of April 28, 2003) / Environmental objectives appear at national level in the mining legislation several years before publication (at European level) of the Directive 2006/21 EC on the management of waste from extractive industries (in France: French Law No 99-245 of March 30, 1999; French Decree No 2000-547 ofJune 16, 2000; French Decree 2001-209 of March 16, 2001; French Decree No 2011-220 of February 25, 2011. In Spain: Mining Law No. 22/1973 of July 21, 1973; Royal Decree 2994/1982 of October 15; Royal Decree 1116/1984 of May 9, 1984).
Environmental objectives are considered in the national regulations throughpreventive measures,and provisions related to environmental monitoringorthe restoration andrehabilitation ofexploitedsites.
However, in France,mining lawis deemed "out of date" because of its poorintegration ofenvironmental concerns (Gossement 2011): lack ofimpact assessment,lack ofpublic inquiry prior tothe agreement ofexclusive licenses, lack of public debate, lack of informationonthe techniques usedby the petitioners,sidelininglocal politicians. Similarlyin Spain (such as The mining area in the Cartagena and La Unión mountains in the region of Murcia) contaminationrelatedto mining activitiesarea tangible signof the gap betweenthe goals setby the lawand reality.
Health risks and safety issues / Health risks and safetyissues are recently consideredin Tunisian Law 2003-30 dated of April 28,2003.Only this lawamong the studied regulations clearly mentions the scope of the health issue related to post-mining (art.73): “to return the exploited area to the state in such a condition so as not to present a risk to the health and safety of third parties, to the environment and to the resources”; but this objective is notspecified. / Health risks and safetyissues relatedto extractiveactivitiesare addressed by the legislation of the studiedEuropean countriesin the early80’s (Cf. French Decree No. 80-331 of May 7, 1980); it specifically regulates the protectionof mining andquarryingworkersagainstthe risksof their activityand theirworking conditions forsafety andhealth; the European directive 89/391/CEE of June 12,1989 harmonizes the national lawsand creates european standards toimprove the safety andhealth ofworkers in activity.
The directive 2006/21 EC provides measures, procedures and guidance to prevent or reduce as far as possible any adverse effects on the environment (water, air, soil, fauna and flora, landscapes) and human health risks resulting from the management of waste from extractive industries : both preventive and curative measures and procedures.

Law References:

Directive 2006/21/EC of the European Parliament and of the Council of March 15, 2006 on the management of waste from extractive industries and amending Directive 2004/35/EC - Statement by the European Parliament, the Council and the Commission

French Mining code, consolidated version of March 1, 2011

French Decree n° 80-331 of May 7,1980 laying down general rules for mining, Official Gazette of May 10, 1980

French Law n° 99-245 of March 30,1999 on liability for damage resulting from mining and the prevention of mining risks after the end of the operation. French Official Gazette n° 76 of March 31, 1999, page 4767

French Decree n° 90-918 of October 11,1990 related to the right of information on major hazards. French Official Gazette n°238 of October 13,1990, page 12415

French Decree n°2000-465 of May 29, 2000 on the application of articles75-2 and 75-3 of the Mining Code. French Official Gazette n°127 of 1 June 01, 2000, page 8216

French Decree n°2000-547 of June 16,2000 on the application of articles 94 and 95 of the Mining Code. French Official Gazette n° 143 of 22 June 2000, page 9335

French Decree n° 2001-209 of March 6, 2001 which amended and supplemented theFrench Decree n° 95-696 of May 09, 1995 about opening of mining operations and the mining police.French Official Gazette n°57 of March 8, 2001, page 3697

French Decree n° 2002-353 of March 15,2002 related on the prevention and monitoring agency of mining risks, repealed at April 1, 2007.French Official Gazette n°64 of March 16, 2002, page 4768

French Decree n° 2010-21/CEof April 19,2010 on the management of mining waste. French Official Gazette n°0180 of August 6, 2010, page 9

French Decree n° 2011-220 of February 25,2011 on emergency plans for the management of extractive waste. French Official Gazette of March01, 2011

Spanish Mining Law n° 22/1973 of July 21, 1973 published in BOE of July 24, 1973; effective from August 13, 1973. Revised January 1, 2015

Spanish Royal Decree n° 1116/1984 of May 9, 1984 on restoration of natural areas affected by coal mining open pit and the rational use of these energy resources published in BOE of June 13, 1984;effective from July 03, 1984to June 14, 2009

Spanish Royal Decree n° 2994/1982, of October 15, 1980 on restoration of natural areas affected by mining activities published in BOEof November 15, 1982;effective from December 5, 1982 to June 14, 2009

Spanish Royal Decree n° 975/2009 of June 12, 2009 on the management of waste from the extractive industries and the protection and rehabilitation of areas affected by mining activities published in BOE of June 13, 2009; effective from June 14, 2009. Revised in May 18, 2012

Moroccan Royal Decree n° 2-07-253 on 14 rejeb 1429 (July18, 2008) classifying waste and establishing the list of hazardous waste in Morocco

Moroccan Royal Decree on 3 chaoual 1332 (August 25,1914) regulating unsanitary, inconvenient or dangerous sites, BO n° 97 of September 07, 1914as amended and supplemented by Royal Decrees of October 13, 1933, August 11, 1937, June 9, 1938, November 9, 1942 and January 18, 1950, BO n°1101 of December 01, 1933, page 1191

Moroccan Royal Decreen° 1-02-130 on 1 rabiiIl 1423 (June 13, 2002) promulgating the law n° 08-01 related to quarrying in Morocco, BO of September 05, 2002

Moroccan Royal Decreen° 1-06-153 on 30 chaoual 1427 (November 22, 2006) promulgating the law n° 28-00 related waste management and its disposal in Morocco, BO of December 07, 2006

Tunisian Law 2003-30 dated on April 28,2003 promulgating mining code

Tunisian Decree nº 2003-1726 establishing the composition and modalities of operation of the mining advisory committee.

Tunisian Law n° 96-41 dated on June 10,1996 related to the hazardous waste control, its management and elimination (which defines waste, specifying its categories, regulating their treatment and establishing the principle of criminal responsibility in cases of misuse, Tunisian Official Gazette n° 49 of June 18, 1996 modified by law 2001-14 dated on January30,2001on the simplification of administrative procedures relating to permits given by the Ministry of Environment and Spatial Planning in the fields of its competence, Tunisian Official Gazette n° 10 of February 2, 2001

Tunisian Decree n° 2000-2339 of October 10, 2000 establishing the list of hazardous waste

Tunisian Decree n° 2005-1991 of July 11, 2005, relating to the study of impact on the environment