Opinion of the Commission pursuant to Article 251(2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's Common Position regarding the Proposal for a Regulation of the European Parliament and of the Council on the banning of exports and the safe storage of metallic mercury amending the proposal of the Commission pursuant to Article 250(2) of the EC Treaty
Date: 2008-07-08
Institutions: European Commission
Subjects: environmental law, environmental protection, fish, foodstuff, industrial pollution, mercury, public health

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 8.7.2008 
COM(2008) 452 final 

2006/0206 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251(2), third subparagraph, point (c) of the EC Treaty, on the 
European Parliament's amendments to the Council's Common Position regarding the 
Proposal for a  

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  
on the banning of exports and the safe storage of metallic mercury 

AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 250(2) of the 
EC Treaty 

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2006/0206 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251(2), third subparagraph, point (c) of the EC Treaty, on the 
European Parliament's amendments to the Council's Common Position regarding the 
Proposal for a  

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
on the banning of exports and the safe storage of metallic mercury 

1. 

BACKGROUND 

Procedure 

On 26 October 2006 the Commission submitted a Proposal for a Regulation on the banning of 
exports  and  the  safe  storage  of  metallic  mercury  to  the  European  Parliament  and  of  the 
Council for adoption by co-decision procedure as laid down in Article 251 of the EC Treaty. 

The European Economic and Social Committee delivered its opinion on 25 April 2007. 

The European Parliament adopted its position in first reading on 20 June 2007. 

The Council adopted its Common Position on 20 December 2007. The European Parliament 
adopted its position in second reading on 21 May 2008. 

2. 

OBJECTIVE OF THE COMMISSION PROPOSAL 

On  28  January  2005,  the  Commission  adopted  the  Communication  to  the  Council  and  the 
European Parliament on a Community Strategy Concerning Mercury, COM(2005)20 final. 

Action 5 stipulates that “as a pro-active contribution to a proposed globally organised effort 
to phase out primary production of mercury and to stop surpluses re-entering the market …, 
the Commission intends to propose an amendment to Regulation (EC) No. 304/2003 to phase 
out the export of mercury from the Community by 2011.” 

Under Action 9, “The Commission will take action to pursue the storage of mercury from the 
chlor-alkali  industry,  according  to  a  timetable  consistent  with  the  intended  phase-out  of 
mercury exports by 2011. In the first instance the Commission will explore the scope for an 
agreement with industry.” 

On 24 June 2005, the Council adopted its Conclusions on the Mercury Strategy. It welcomed 
the Commission Communication and underlined “the importance of the proposal to phase out 
the export of mercury from the Community”. It also invited the Commission “to take action as 
soon as possible … to present appropriate proposals” on the issue of the “phasing out of the 
export of mercury from the Community and action to pursue the safe storage or disposal of 
mercury inter alia from the chlor-alkali industry to a timescale consistent with the intended 
phase out of mercury exports”. 

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On 14 March 2006, the European Parliament adopted a Resolution welcoming the Strategy, 
underlining “the significance of the Commission’s pro-active proposal to phase out the export 
of  metallic  mercury  …  from  the  Community”  and  asking  the  Commission  “to  take  action 
ensuring that all mercury coming from the chlor-alkali industry is safely stored”. 

The  present  Proposal  for  a  Regulation  of  the  European  Parliament  and  the  Council  aims 
therefore at implementing actions 5 and 9 of the Strategy by banning the export of metallic 
mercury  from  the  Community  as  well  as  ensuring  that  this  mercury  does  not  re-enter  the 
market  and  is  safely  stored.  The  fundamental  purpose  is  to  limit  further  additions  to  the 
“global pool” of mercury already released. 

3. 

COMMISSION COMMENTS 

3.1 

General 

At  its  Plenary  Session  of  21  May  2008,  the  European  Parliament  adopted  a  compromise 
package  consisting  of  22  amendments  which  had  been  agreed  with  the  Council  in  view  of 
reaching a second reading agreement. 

These amendments concern essentially 

–  the scope of the export ban (extended to two mercury compounds and mixtures with a high 
mercury content, in order to prevent circumventing the export ban on metallic mercury) 

–  the date of the entry into effect of the export ban (15 March 2011 instead of 1 July 2011) 

–  the link of an information exchange and a report on safe disposal (solidification) options to 

the adoption of specific acceptance criteria under comitology, 

–  extended reporting requirements and 

–  an enhanced revision clause. 

The  Commission  accepts  all  these  amendments  as  they  are  in  line  with  the  overall  purpose 
and the general characteristics of the Proposal. 

3.2 

Amended Proposal 

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its Proposal as set out 
above. 

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