Principal legislation governing mineral exploration and extraction at national, regional and local levels

Map all the legislation governing mineral exploration and extraction in the EU Member States (MS) at the relevant level is to be identified and the year of enforcement of the legislation is to be provided. A summary of all the existing legislation identified shall be provided, containing inter alia the following information:

the ownership of the different mineral resources;
  1. the administrative procedures applicable to the management of the different categories of mineral resources (centralised vs decentralised);
  2. the level of governance of the different types of mineral resources (national, regional, county, local), including all relevant authorities and whether their opinion is legally binding;
  3. Legal and administrative timeframes within the different permitting and license procedures for exploration and exploitation. A detailed explanation of the deadlines included in the legislation 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 legislation applicable in the EU.
  4. Legal and administrative timeframes within the different permitting and license procedures for exploration and exploitation. A detailed explanation of the deadlines included in the legislation 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 legislation applicable in the EU.
  5. Legal analysis of the different categories of permitting procedures included in the identified legislation, to assess whether 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 on the Internal Market freedoms.