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Brussels, |
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Mercury
The purpose of the EU is protect human health and the environment from the harmful effects of mercury.
Mercury is a highly toxic chemical that poses significant risks to human health and the environment. It enters the food chain primarily through fish consumption, where it accumulates and can cause harm to various organs and systems in the body.
In response to these risks, the European Union (EU) has developed comprehensive legislation over the past two decades to address all stages of the mercury lifecycle. This includes regulations on mining, trade, products containing mercury, and measures to reduce mercury pollution.
Several measures have been implemented by the EU to restrict the use of mercury. The EU has banned the use of mercury-containing batteries, thermometers, barometers, and blood pressure monitors. Mercury is also no longer allowed in most electronic switches and relays. Energy-efficient lamps that use mercury technology are subject to restrictions on mercury content. Furthermore, the use of dental amalgam, which contains mercury, is prohibited for vulnerable patients.
In July 2023, the European Commission proposed a revision to the existing rules to further restrict the remaining uses of mercury within the EU.
Through these regulatory actions, the EU aims to minimize the release of mercury into the environment, reduce human exposure to this toxic substance, and protect both public health and the ecosystem from the harmful effects of mercury contamination.
In response to these risks, the European Union (EU) has developed comprehensive legislation over the past two decades to address all stages of the mercury lifecycle. This includes regulations on mining, trade, products containing mercury, and measures to reduce mercury pollution.
Several measures have been implemented by the EU to restrict the use of mercury. The EU has banned the use of mercury-containing batteries, thermometers, barometers, and blood pressure monitors. Mercury is also no longer allowed in most electronic switches and relays. Energy-efficient lamps that use mercury technology are subject to restrictions on mercury content. Furthermore, the use of dental amalgam, which contains mercury, is prohibited for vulnerable patients.
In July 2023, the European Commission proposed a revision to the existing rules to further restrict the remaining uses of mercury within the EU.
Through these regulatory actions, the EU aims to minimize the release of mercury into the environment, reduce human exposure to this toxic substance, and protect both public health and the ecosystem from the harmful effects of mercury contamination.
The current EU legislation
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Regulation (EU) 2017/852 is a comprehensive legislation that covers the entire life cycle of mercury. It complements existing EU environmental laws on mercury and includes various measures to regulate its use and minimize its environmental and health impacts.
The regulation prohibits the export of mercury and mercury compounds, as well as the manufacture, export, and import of a wide range of mercury-added products (MAPs). It also prohibits the use of mercury or mercury compounds as catalysts and electrodes in industrial processes. The regulation addresses the use of dental amalgams, aiming to reduce their use and assess the feasibility of a complete phase-out by 2030. Furthermore, the regulation prohibits new uses of mercury in industry and products, except when significant environmental or health benefits are demonstrated, and no mercury-free alternatives with such benefits are available. It also ensures the safe management of mercury waste without endangering human health or the environment. |
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The European Commission has adopted several Implementing Acts and Decisions related to the Regulation, including forms for import of mercury, an inventory of mercury-added products and manufacturing processes, and questionnaires and reporting requirements for Member States:
In July 2023, the Commission adopted the Delegated Regulation (+ Annex) that transposes the provisions of the Minamata Convention into EU law, introducing additional prohibitions on the manufacture, import, and export of mercury-containing products, including lamps and non-electrical equipment.
Through these regulations, the EU aims to effectively control and minimize the risks associated with mercury, protect human health and the environment, and comply with international commitments such as the Minamata Convention.
- Commission Decision on forms to be used in relation to the import of mercury
- An Inventory of mercury-added products and manufacturing processes using mercury or mercury compounds is available in accordance with Art 8(7) of the Regulation
- Implementing Decision 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
In July 2023, the Commission adopted the Delegated Regulation (+ Annex) that transposes the provisions of the Minamata Convention into EU law, introducing additional prohibitions on the manufacture, import, and export of mercury-containing products, including lamps and non-electrical equipment.
Through these regulations, the EU aims to effectively control and minimize the risks associated with mercury, protect human health and the environment, and comply with international commitments such as the Minamata Convention.
Other laws:
- Storage of mercury and mercury compounds: Both the SEVESO Directive and Industrial Emissions Directive (IED) lay down requirements aiming at ensuring the environmentally-sound storage of metallic mercury and of mercury compounds.
- Mercury-added products: The mercury content, the placing on the market and the import into the EU of a wide range of mercury-added products (e.g. batteries, electrical and electronic equipment, thermometers,) is regulated in the Battery and the RoHS (switches, relays, lamps) Directives as well as the REACH and cosmetic products Regulations.
- Manufacturing processes: Mercury emissions from major industrial sources are regulated under the Industrial Emissions Directive (IED) which requires installations to operate on the basis of a permit and to apply the best available techniques (BAT) including the production of chlor-alkali, which was the most important manufacturing process using mercury and was banned by Commission Implementing Decision 2013/732.
- Mercury emissions and releases to air, water and soil: These are regulated by the Industrial Emissions Directive (IED) in combination with the Water Framework Directive and with the Surface Water Directive that establishes maximum concentration levels of mercury into surface water bodies, sediment and biota.
- Mercury waste management: Metallic mercury as waste and waste containing or contaminated with mercury qualify in most cases as 'hazardous waste' under the Waste Framework Directive. In parallel, the Landfill Directive sets specific requirements for the storage of mercury waste.
Previously, the EU adopted a Mercury Strategy in 2005 and was revised in 2010.
Revision of the Regulation
On 14 July 2023, the Commission proposed a revision to target the last intentional remaining uses of mercury in a variety of products in the EU, in line with commitments set out in the EU’s Zero Pollution Ambition.
The revision set out rules to:
The revision set out rules to:
- phase out the use of dental amalgam from 1 January 2025 in light of viable mercury-free alternatives, thereby reducing human exposure and environmental burden
- prohibit the manufacture and export of dental amalgam from the EU from 1 January 2025
- prohibit the manufacture and export of six additional mercury containing lamps from 1 January 2026 and 1 January 2028 (depending on the lamps type).
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International cooperation
Given the transboundary nature of mercury pollution, the international community took action under the Minamata Convention. It is a global treaty to protect the human health and the environment from anthropogenic emissions and releases of mercury and mercury compounds. The Convention was signed in 2013 and ratified by the EU in 2017.
The Commission adopted two legislative proposals in 2016 to enable EU to ratify the Convention:
The Commission adopted two legislative proposals in 2016 to enable EU to ratify the Convention:
- Regulation on Mercury repealing and replacing Regulation (EC) 1102/2008 (see above)
- Council Decision concerning the conclusion on behalf of the EU of the Minamata Convention on Mercury.
- Impact Assesment Report
- Impact Assesment – Summary
Committee and expert group
The Commission regularly convenes meetings of the Mercury Regulation Committee and of the Mercury Expert Group that gather governmental experts to work on implementation of the Regulation.
All documents concerning the meetings of both groups are publicly available.
The Commission regularly convenes meetings of the Mercury Regulation Committee and of the Mercury Expert Group that gather governmental experts to work on implementation of the Regulation.
All documents concerning the meetings of both groups are publicly available.
