Commission Recommendation of 22 December 2008 on the safe storage of metallic mercury no longer used in the chlor-alkali industry (notified under document number C(2008) 8422)
Date: 2008-12-22
Institutions: European Commission
Subjects: EU environmental policy, export restriction, mercury, metal pollution, pollution control measures, storage

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Official Journal of the European Union

20.1.2009

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

RECOMMENDATIONS

COMMISSION

COMMISSION RECOMMENDATION

of 22 December 2008

on the safe storage of metallic mercury no longer used in the chlor-alkali industry

(notified under document number C(2008) 8422)

(Only the English text is authentic)

(2009/39/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(6)

Having regard to the Treaty
establishing the European
Community, and in particular Article 211, second indent,
thereof,

Whereas:

The Commission has adopted a Community Strategy
Concerning Mercury (1).

Action 9 of the Strategy stipulates the storage of mercury
from the
the
Commission to explore the scope for an agreement
with industry.

chlor-alkali

commits

industry

and

(7)

(8)

the Council

adopted positive
On 24 June 2005,
inviting the Commission
Conclusions on the Strategy,
to pursue the safe storage or disposal of mercury, inter
alia,
industry to a timescale
consistent with the intended phase out of mercury
exports.

chlor-alkali

from the

On 14 March 2006, the European Parliament adopted a
Resolution welcoming
the
the
Commission to take action ensuring that all mercury
coming from the chlor-alkali industry is safely stored.

Strategy,

asking

The European Parliament and the Council adopted Regu­
lation (EC) No 1102/2008 of 22 October 2008 on the
banning of exports of metallic mercury and certain
mercury compounds and mixtures and the safe storage
of metallic mercury (2).

(1)

(2)

(3)

(4)

(5)

Euro Chlor, the association of the chlor-alkali industry in
Europe, with the support of its member companies, has
adopted a commitment on the safe storage of mercury
that is no longer needed in the chlor-alkali production
process (decommissioned mercury). All companies of the
industry operating within the Community
chlor-alkali
can sign up to this commitment on objective and non-
discriminatory terms.

The Commission is satisfied with the undertakings given
by Euro Chlor in its commitment which complements
the provisions of the Regulation.

The commitment
fulfils the criteria laid down in the
Communication from the Commission on Environmental
Agreements at Community Level within the Framework
of
and
on
Improvement of the Regulatory Environment (3),

Simplification

the Action

Plan

the

HEREBY RECOMMENDS:

1. The members of Euro Chlor as well as other companies of
the chlor-alkali
industry operating within the Community
which will adhere to the Euro Chlor Voluntary Agreement
on the Safe Storage of Decommissioned Mercury should use
utmost care in selecting storage facilities for decommissioned
mercury (i.e. metallic mercury that is not required for the
future operation of plants based on the mercury cell process)
and undertake to have contracts in place with the operators
of such storage facilities that are classified and authorised for
the disposal of hazardous waste. Such contracts should be
based on objective and non-discriminatory requirements.

(1) COM(2005) 20 final, 28.1.2005.
(2) OJ L 304, 14.11.2008, p. 75.

(3) COM(2002) 412 final, 17.7.2002.

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Official Journal of the European Union

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2. The members of Euro Chlor should engage to respect a high standard of technical requirements with
respect to the containment of mercury, the preparation and filling operations as well as the loading and
unloading of containers.

3. Euro Chlor should provide relevant data related to decommissioned mercury on an annual basis.

This Recommendation is addressed to Euro Chlor.

Done at Brussels, 22 December 2008.

For the Commission

Stavros DIMAS
Member of the Commission