Licensing procedures for exploitation

Legal nature and conditions of exploration permitting procedures All the permitting procedures governing mineral exploration in the EU Member States (MS) at the relevant level (e.g. national, regional, local) shall be identified and the year of entry into force of the procedures be provided. A summary of all the existing procedures shall be provided, containing inter alia the following information:

  1. Summarise all the different permitting procedures for exploration in all Member States at the relevant level;
  2. identifying the differences for the different types of mineral deposits (if any)
  3. describe the permitting procedures (e.g. if it is based in public tenders, expression of interest or both) for the different types of mineral resources,
  4. Number and identification of public entities involved in the process, Analysis of their role and whether their input is binding.
  5. Legal analysis of the different permitting procedures (building up on the previous analysis of the legislation on which they are based on), to assess whether in practice they may fall under the EU Internal Market legislation (e.g. Services Directive 2006/123/EC, Concessions Directive 2014/23/EU, Classical Directive 2014/24/EU, Utilities Directive 2014/25/EU). For those cases which may fall outside EU secondary legislation the analysis shall explain the reasons and their compatibility with the relevant articles of the TFEU related to the Internal Market freedoms.
  6. Timeframes within the different permitting for exploration, specifying the differences applicable to different mineral resources, if any. A detailed explanation of the deadlines included in the procedures for each of the authorities involved to issue their opinion including all possible appeals shall be included. The study will provide with a clear picture of which is the minimum amount of time foreseen by each of the permitting procedures applicable in the EU to be added on top of those timeframes foreseen in the legislation (see point 2.c), and a comparison with the average length of time to get the permit under each of the identified permitting procedures.
  7. geographic areas covered by the permit,
  8. rights and duties of the licensee,
  9. legal nature of the rights,
  10. description and analysis of any link between the exploration permit and a future license for exploitation;
  11. granted rights in view of a future exploitation license,
  12. average length to get a permit (specify differences for different mineral resources,
  13. Tax regime.