Metals play an important role in modern societies, providing raw materials for countless products from construction to electronics. However, the average mining operation generates substantial environmental impacts, including water pollution, habitat destruction, and significant greenhouse gas emissions. With the green and digital transitions, military pursuit and overall economic growth driving increased demand for critical raw materials, mining activities are projected to intensify, even across Europe. The EU BREF on the Mining Industry (MIN BREF) sets binding minimum performance standards aimed at preventing and minimizing the negative environmental and health impacts of mining operations.
Process and current status
The development of the MIN BREF began in 2024, the kickoff meeting took place on 2-5 December 2024.
Data collection is currently underway, with the setup of mine specific questionnaires ongoing, with expected due date of data submission by Q1 2026. A first draft is expected for Q2 2026 and the Final meeting for Q2 2027.
Environmental challenges of mining
Mining operations present multiple environmental challenges:
- Water impacts: Mining consumes vast quantities of water and risks contamination through acid mine drainage, heavy metal leaching, and process chemicals including xanthates and polymer flocculants.
- Chemical pollution: Processing chemicals like cyanide pose significant risks. Many countries have already banned cyanide use in gold mining, establishing that it cannot be considered Best Available Technique (BAT). The use of chemicals is also relevant to air pollution.
- Biodiversity loss: Mining causes habitat destruction and fragmentation with impacts persisting long after operations cease. Under IED 2.0, biodiversity protection is now an explicit BAT criterion.
- Climate impacts: Mining contributes to greenhouse gas emissions through direct operations (extraction, grinding) and use of machinery/ other equipment. Decarbonisation efforts are underway in Nordic mines (electrification of equipment), providing improvement and co-benefits for air pollution mitigation and hence occupational well-being. The EEB expects dedicated BAT-AEPLs on GHG emission prevention.
- Waste generation / circular economy: Mine tailings represent one of the largest waste streams in the EU, with potential for catastrophic failures and long-term contamination. Most requirements are set within the BAT Reference Document for the Management of Waste from Extractive Industries, however these relate to the waste phase only. We consider that the aspect of residues management (incl. recovery) as key and support the setting of stringent measures / best practice aimed to ensure safety including for workers on site.
- Human health impacts: Mining can cause health risks to workers and communities. The IED 2.0 explicitly requires BAT to address human health protection, including accident prevention.
See further information in EEB submission to the Kick off Meeting here.
The review in a nutshell
The MIN BREF development has achieved so far, several positive outcomes as to potential BAT-Conclusions determination:
- For water management, stringent requirements for closed-loop water systems and comprehensive monitoring of effluents will significantly reduce water consumption and contamination risks.
- For land restoration, detailed standards for progressive rehabilitation during operations and post-closure management will help minimize long-term environmental impacts.
- For tailings management, adoption of best available techniques for waste characterization, storage, and monitoring will reduce risks of catastrophic failures and long-term contamination as well as enhancing recovery of (waste) minerals.
- An in-depth assessment will have to be made as to the use of process chemicals of concern and options to substitute them with better alternatives.
- Decarbonisation / electrification is considered as relevant topic for BAT determination.
- Biodiversity protection will have to be addressed.
- Odour/noise/vibration will be addressed.
However, several areas remain where the ambition level has been compromised at the kick off meeting:
- It is yet to be seen if the parameters for energy efficiency and greenhouse gas emissions will deliver specific reduction targets that would drive meaningful climate action in the sector.
- The provisions on chemical management should prioritisation of substitution of hazardous substances with safer alternatives rather than containment or end of pipe controls.
- Site remediation should be subject to BAT determination, despite France and industry opposing. A subgroup shall clarify further as to what which steps and aspects will be further considered in the information collection.
- Cyanide process (gold) not off the table, even if in theory “covered” by NFM BREF. Delegates, mainly from France, Italy and industry rather argued on legalistic points “it is covered in NFM BREF” but there is no adequate regulation (specific BAT-AELs) of the aspect in the NFM BREF, dating back to 2016. This is a fundamental shortcoming if lawyers get theoretical concern through which will avoid dealing with the issue at the substance.
- Liability and safety concerns (as supported by Finland and in part Germany) will not be addressed. The main argument was that the MWEI BREF would cover this and that liability is not part of an EU BREF scope.
- Lithium mining via brine due to geothermal activity is not further addressed due to geothermal activities not being an IED activity.
- Occupational health protection is only implicitly considered.
The above mentioned aspects are the main take aways from the Kick Off meeting, real outcomes will now depend on the further information exchange process and stringency of future BAT-C determination as well as positions taken by Member States on the matter.
How can you make a difference?
While the MIN BREF represents an important step toward more responsible mining practices in Europe, effective implementation and enforcement will be crucial to ensure that theoretical standards translate to real environmental improvements. The pivotal challenge lies in reconciling Europe’s growing demand for raw materials with the urgent imperative to safeguard ecosystems, water resources, and communities from the detrimental impacts of mining.
Data collection is under way, we seek to build a strong case on the following aspects:
- Real mine examples of decarbonisation in action, besides those mentioned in our input to the Background Paper, with performance data
- Best practice examples on biodiversity protection and restoration of good chemical and ecological status (of water and soil)
- Information on substitute potential for process chemicals of concern and water pollution abatement techniques.
- Other good practice example of responsible mining operations (metalliferous) you may wish to share with us (please also provide illustrations on shortcoming of the BAT-Conclusions of the MWEI BREF that you believe should be remediated in the MIN BREF).
Contacts
Diego Marin, Senior Policy Officer for Raw Materials and Resource Justice – Diego.marin@eeb.org