Mercury Trade [EU]
Use, storage and trade of mercury
Regulation (EU) 2017/852 — protecting human health and the environment from exposure to mercury and mercury compounds
It seeks to protect human health and the environment by laying down measures and conditions concerning:
the use and storage of and trade in mercury, mercury compounds and mixtures of mercury;
the production and use of and trade in mercury-added products (i.e. products to which mercury is intentionally added to perform the function for which the product is intended);
the management of mercury waste.
Trade, manufacture and storage of mercury
The regulation bans:
exports of mercury compounds and mixtures of mercury listed in Annex I as of 1 January 2018, depending on the compounds in question;
imports of mercury and mixtures of mercury from sources such as the chlor-alkali industry — other than for their disposal as waste;
the use of mercury and mercury compounds in manufacturing processes in which:
mercury or mercury compounds are used as catalysts* (since 1 January 2018)
mercury is used as an electrode* (as of 1 January 2022);
the export, import and production in the EU of mercury-added products from 31 December 2018 or 31 December 2020, depending on the product in question;
artisanal and small-scale gold mining and processing in which mercury amalgamation is used to extract gold from ore.
Dental amalgam
From 1 July 2018, mercury amalgam must no longer be used in fillings of milk teeth, the dental treatment of children under 15 and of breastfeeding or pregnant women.
EU countries must prepare a national plan on the measures they will use to phase out the use of dental amalgam.
Waste management
Waste facility operators may temporarily store mercury waste in liquid form if specific requirements for its storage are met and the storage is in a dedicated above-ground location that is appropriately equipped.
Temporary storage may not exceed 5 years (i.e. until 1 January 2023), although there is a possibility for an extension of 3 years.
Traceability
The regulation introduces a system to ensure traceability throughout the length of the mercury waste management chain. Waste producers and mercury waste facility operators must keep an information register.
Minamata Convention
The regulation enables the EU and EU countries to approve, ratify and implement the 2013 Minamata Convention on mercury signed by the EU and EU countries, and ensures that EU law is in line with the convention.
National law
EU countries may apply stricter requirements than those laid down in this regulation.
Review
The European Commission must report by 30 June 2020 on the outcome of the phasing out of dental amalgam. By 2024, it will prepare a report on the implementation and possible review of this regulation.
Repeal
The regulation repeals Regulation (EC) No 1102/2008 with effect from 1 January 2018.
It has applied since 13 June 2017 except for point (d) of Part I of Annex III (relating to chlor-alkali production in which mercury is used as an electrode) which has applied since 11 December 2017.
BACKGROUND
For more information, see:
Mercury (European Commission).
Catalyst: a substance that increases the rate of a chemical reaction without itself undergoing any permanent chemical change.
Electrode: a conductor through which an electric current enters or leaves an object, substance, or region.
MAIN DOCUMENT
Regulation (EU) 2017/852 of the European Parliament and of the Council of 17 May 2017 on mercury, and repealing Regulation (EC) No 1102/2008 (OJ L 137, 24.5.2017, pp. 1-21)
Minamata Convention on Mercury
Decision (EU) 2017/939 concluding on behalf of the European Union the Minamata Convention on Mercury
It approves, on behalf of the EU, the Minamata Convention on Mercury — a global treaty that aims to protect human health and the environment from the adverse effects of mercury. The convention is included in the annex to the decision.
Key Points
The Minamata Convention on Mercury — concluded under the auspices of the United Nations Environment Programme — sets up an international set of rules for cooperation and measures to limit the use of mercury and mercury compounds. It further aims to control and reduce anthropogenic emissions (i.e. relating to, or resulting from the influence of human beings) of mercury and mercury compounds to air, water and land.
The convention covers the complete life-cycle of mercury. It contains articles that introduce:
a ban on new mercury mines and a phase-out of existing ones;
restrictions on international trade in mercury;
control measures on emissions and releases;
measures to prohibit the manufacture, import or export of a range of mercury-added products;
measures to phase-out and phase-down the use of mercury in key manufacturing processes;
measures to phase down the use of dental amalgam;
measures to reduce mercury emissions from artisanal and small-scale gold mining and processing;
measures to ensure the environmental sound interim storage of mercury and mercury compounds and the environmental sound management of mercury waste.
The EU adopted Regulation (EU) 2017/852 to enable EU countries to implement the convention.
Application & Background
It has applied since 11 May 2017.
BAMercury is recognised as a substance producing significant adverse neurological and other health effects, with particular concerns expressed about its harmful effects on unborn children and infants. The global transport of mercury in the environment was a key reason for taking the decision that global action to address the problem of mercury pollution was required.
The EU signed the Minamata Convention on Mercury in October 2013 and thereby committed itself to ensuring its ratification and implementation.
For more information, see:
Minamata Convention on Mercury (European Commission)
Minamata Convention on Mercury (United Nations).
MAIN DOCUMENT
Council Decision (EU) 2017/939 of 11 May 2017 on the conclusion on behalf of the European Union of the Minamata Convention on Mercury (OJ L 142, 2.6.2017, pp. 4-39)
RELATED DOCUMENTS
Council Decision (EU) 2017/938 of 23 September 2013 on the signing, on behalf of the European Union, of the Minamata Convention on Mercury (OJ L 142, 2.6.2017, pp. 2-3)
Regulation (EU) 2017/852 of the European Parliament and of the Council of 17 May 2017 on mercury, and repealing Regulation (EC) No 1102/2008 (OJ L 137, 24.5.2017, pp. 1-21)