EU Legislative Framework

EU Environmental Directives

Directive 2001/42/EC of the European Parliament and of the Council of June 27, 2001, on the assessment of the effects of certain plans and programmes on the environment;

  • Competent national authorities must analyze and integrate environmental considerations to help the decision-making of proposed actions or programs and must address reasonable alternatives.

Directive 2014/52/EU of the European Parliament and of the Council of April 16, 2014, amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment;

  • Competent national authority shall identify environmental impacts of proposed projects to prevent any negative effects.

Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora;

  • Member States must guarantee the conservation of habitats in special areas of conservation and must assess potential environmental risks on proposed projects and their implications on wildlife species and their habitats.

Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage;

  • Where significant damages are caused to the environment, human health and wildlife species, operators are held liable and bear all costs of remediation based on the polluter pays principle.

Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries and amending Directive 2004/35/EC;

  • Mining operators are required to develop a waste management plan as part of the permit application as to waste generation, treatment, recovery and disposal, and to develop preventative, control and monitoring measures.

Directive 2009/31/EC of the European Parliament and of the Council of April 23, 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No. 1013/2006;

  • Operators must provide necessary financial and administrative guarantees in case of spill and leakage incidents. 

Directive 2010/75/EU of the European Parliament and of the Council of November 24, 2010, on industrial emissions (integrated pollution and control);

  • Operators must meet technical requirements based on best available techniques to prevent and control air, water and land pollution from industrial activities.

Council Directive 96/82/EC of December 9, 1996, on the control of major-accident hazards involving dangerous substances;

  • Operators must take all measures to ensure a high-level protection of the environment, health and economy from major industrial accidents involving dangerous chemical products through a system of inspection and control.

Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for the Community action in the field of water policy; and 

Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration;

  • Operators must ensure the good ecological condition of surface and ground waters and must adopt preventative measures during the drilling stage. The Water Framework directive does not allow pollutant injection into groundwater; however, the European Commission declared that the use of fracturing fluid is to be considered as waste and flowback water, therefore falls under the Mining Waste directive. 

Regulation EC/1907/2006 of the European Parliament and of the Council of December 18, 2006, on the Registration, Evaluation, Authorization, and Restriction of Chemicals

  • Manufacturers, importers and downstream users must gather information on the properties and hazards of the chemical substances they use. These substances must be registered to the European Chemicals Agency. 

Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994, on the conditions for granting and using authorizations for the prospection, exploration and production of hydrocarbons;

  • The licensing round process must be based and decided on transparent and non-discriminatory basis. Each Member State must publish the official invitation for licensing applications in the Official Journal of the European Union.