Use, storage and trade of mercury
SUMMARY OF:
Regulation (EU) 2017/852 – protecting human health and the environment from exposure to mercury and mercury compounds
WHAT IS THE AIM OF THE REGULATION?
The regulation (mercury regulation) seeks to protect human health and the environment by laying down measures and conditions concerning:
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the use and storage of and trade in mercury, mercury compounds and mixtures of mercury;
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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);
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the use of mercury and mercury compounds in manufacturing processes;
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the management of mercury waste.
KEY POINTS
Trade in mercury, mercury compounds and mixtures of mercury
The regulation bans:
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exports of mercury as of 1 January 2018 (export had already been banned since 15 March 2011 under the previous mercury regulation, Regulation (EC) No 1102/2008);
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exports of the mixtures of mercury and of the mercury compounds listed in Annex I, as of 1 January 2018 or 1 January 2020 (depending on the compound in question);
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imports of mercury and mixtures of mercury listed in Annex I, from sources such as the chlor-alkali industry, other than for their disposal as waste.
Trade, manufacturing and placing on the market of mercury-added products
The regulation bans:
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the export, import and manufacturing in the European Union (EU) of mercury-added products listed in Annex II from 31 December 2018 or 31 December 2020, depending on the product in question;
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the manufacturing and placing on the market of new mercury-added products*, unless proven to provide significant environmental or health benefits and authorised by the European Commission by means of an implementing act.
Dental amalgam
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From 1 July 2018, dental amalgam must no longer be used in fillings of milk teeth and for the dental treatment of children under 15 and of breastfeeding or pregnant women.
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EU Member States must prepare a national plan on the measures they will use to phase out the use of dental amalgam.
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Operators of dental facilities must ensure that amalgam waste (particles, residues and fillings) is collected and handed over to authorised waste management undertakings.
Use of mercury in manufacturing processes
The regulation bans:
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the use of mercury and mercury compounds in manufacturing processes in which:
- mercury or mercury compounds are used as catalysts* (since 1 January 2018), including for the production of polyurethane,
- mercury is used as an electrode* (as of 1 January 2022);
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new manufacturing processes using mercury or mercury compounds*, unless proven to provide significant environmental or health benefits and formally authorised by the Commission.
Use of mercury in artisanal and small-scale gold mining
Artisanal and small-scale gold mining and processing in which mercury amalgamation is used to extract gold from ore is prohibited as of 1 January 2018.
Waste management
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Waste facility operators may temporarily store mercury waste in liquid form, pending final disposal, if specific requirements for its storage are met and the storage is in a dedicated above-ground facility that is appropriately equipped.
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Temporary storage of liquid mercury waste will no longer be permitted as from 1 January 2026 (Delegated Regulation (EU) 2022/2526).
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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.
Reporting
By 1 January 2020 and at regular intervals afterwards, Member States had to report to the Commission and make publicly available:
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information concerning the implementation of this regulation;
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information needed for the fulfilment of the EU’s reporting obligation under the Minamata Convention;
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a summary of the information provided annually by economic operators of specific sources (e.g. cleaning of natural gas, non-ferrous mining and smelting operations) to relevant national authorities regarding management of their mercury waste;
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information regarding sites hosting vast amounts of mercury or of mercury waste (more than 50 metric tonnes of mercury) located in their territories.
Review
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The Commission must report by 30 June 2020 on the outcome of its assessment regarding the need to regulate mercury emissions from crematoria, the feasibility of phasing out the use of dental amalgam for all members of the population and of banning the export, import and production of additional mercury-added products that are already prohibited from being placed on the internal market.
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By 2024, it will prepare a report on the implementation of this regulation. Both reports may be accompanied by a legislative proposal to review the regulation.
National law
Member States may apply stricter requirements than those laid down in this regulation.
Minamata Convention
The regulation enables the EU and Member States to approve, ratify and implement the 2013 Minamata Convention on mercury signed by the EU and Member States, and ensures that EU law is in line with the convention.
Repeal
The regulation repeals Regulation (EC) No 1102/2008 with effect from 1 January 2018.
FROM WHEN DOES THE REGULATION APPLY?
It has applied since 1 January 2018 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 further information, see:
KEY TERMS
New mercury-added products. A mercury-added product that was not being manufactured prior to 1 January 2018.
New manufacturing process using mercury or mercury compounds. A manufacturing process that was not used prior to 1 January 2018.
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).
Successive amendments to Regulation (EU) 2017/852 have been incorporated into the original text. This consolidated version is of documentary value only.
RELATED DOCUMENTS
Commission Delegated Regulation (EU) 2022/2526 of 23 September 2022 amending Regulation (EU) 2017/852 of the European Parliament and of the Council as regards the temporary storage of mercury waste in liquid form (OJ L 328, 22.12.2022, pp. 66–67).
Commission Implementing Decision (EU) 2019/1752 of 25 February 2019 establishing questionnaires, as well as the format and frequency of reports to be prepared by the Member States in accordance with Regulation (EU) 2017/852 of the European Parliament and of the Council (OJ L 269, 23.10.2019, pp. 5–11).
Commission Implementing Decision (EU) 2017/2287 of 8 December 2017 specifying the forms to be used in relation to the import of mercury and of certain mixtures of mercury pursuant to Regulation (EU) 2017/852 of the European Parliament and of the Council on mercury (OJ L 328, 12.12.2017, pp. 118–122).
last update 16.01.2023