COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the review of the Community Strategy Concerning Mercury
Date: 2010-12-07
Institutions: European Commission
Subjects: dangerous substance, electrical equipment, electronic equipment, metals, public health, technological change, waste management, waste recycling

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EUROPEAN COMMISSION 

Brussels, 7.12.2010 
COM(2010) 723 final 

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT AND THE COUNCIL  

on the review of the Community Strategy Concerning Mercury 

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COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT AND THE COUNCIL  

on the review of the Community Strategy Concerning Mercury 

1. 

INTRODUCTION 

On  28  January  2005,  the  Commission  adopted  the  Communication  to  the  Council 
and  the  European  Parliament  on  a  Community  Strategy  Concerning  Mercury1.  The 
Strategy  addresses  most  aspects  of  the  mercury  life  cycle.  Its  key  aim  is  to  reduce 
mercury levels both in relation to human exposure and the environment. It identifies 
twenty priority actions to be undertaken, both within the EU and internationally. 

The Strategy was welcomed by Council Conclusions on 24 June 2005 as well as by a 
European Parliament Resolution on 14 March 2006. 

The Commission expressed its intention to "review the mercury strategy as a whole 
by the end of 2010", as indicated in Section 11 of the Communication. In support of 
the  review, 
to  perform  a 
the  Commission  asked  an  external  consultant 
comprehensive  study  on  the  implementation  of  the  Strategy.2  In  addition,  a 
stakeholder  consultation  meeting  with  Member  States,  industry  and  environmental 
NGOs  was  held  on  18  June  2010  in  Brussels.  The  final  report  reflects  comments 
received during the meeting as well as written comments submitted between July and 
August 2010. 

This review is based on the findings of this study and other information available to 
the Commission. It also fulfils the Commission's obligation to report on progress in 
multilateral activities according to Article 8(5) of Regulation (EC) No 1102/2008 on 
the  banning  of  exports  of  metallic  mercury  and  certain  mercury  compounds  and 
mixtures  and  the  safe  storage  of  metallic  mercury3.  The  obligation  laid  down  in 
Article  8(2)  of  the  Regulation  to  report  on  ongoing  research  activities  on  safe 
disposal options is complied with by the study report on "Requirements for facilities 
and  acceptance  criteria  for  the  disposal  of  metallic  mercury"  available  on  the 
Commission's website (see also action 9 below). 

2. 

INTERNATIONAL DEVELOPMENTS 

Due to the long range transport properties of mercury, the exposure of people living 
in the Union as well as the exposure of the EU's environment can not be reduced to 
an  acceptable  level  through  domestic  policies  alone.  Co-ordinated  international 
action  is  therefore  needed  to  address  the  mercury  problem  in  a  globally  effective 
manner. The Mercury Strategy had this in mind when focusing seven of its actions 
(actions  14  to  20)  on  supporting  and  promoting  international  activities.  The  EU 

1 
2 
3 

COM(2005)20 final 
http://ec.europa.eu/environment/chemicals/mercury/pdf/review_mercury_strategy2010.pdf  
OJ L 304, 14.11.2008, p.75 

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repeatedly requested the UNEP Governing Council to take a decision on the opening 
of negotiations on a global legally binding instrument on mercury. In February 2009, 
the Governing Council finally decided to establish an Intergovernmental Negotiating 
Committee  (INC)  mandated  for  developing  a  global  legally  binding  instrument 
covering  most  aspects  of  the  mercury  life  cycle.  The  first  session  of  the  INC  took 
place in Stockholm, 7-11 June 2010 and the process is aimed at concluding early in 
2013.  The  European  Strategy  on  mercury  and  its  implementation  aims  at  making  a 
significant contribution to this process.  

Once the global legally binding instrument is adopted, the Commission will evaluate 
the need to further review the EU Mercury Strategy in order to fully reflect the new 
international obligations.  

3. 

THE IMPLEMENTATION OF THE STRATEGY 

Overall, there is significant progress in the implementation of the actions decided in 
2005. In the following, a short overview on progress is given for all twenty actions. 
For ease of reference the full text of those actions is reproduced in the Annex. 

3.1. 

Reducing emissions 

Action 1: implementation of IPPC 

Directive  2008/1/EC4  on  Integrated  Pollution  Prevention  and  Control  (IPPC  – 
initially adopted in 1996) is a key legal instrument for reducing mercury emissions. 
However,  the  way  the  instrument  was  applied  by  Member  States'  permitting 
authorities together with a weak application of Best Available Techniques (BAT) in 
permits have not allowed for making full use of the reduction potential for mercury 
emissions.  The  Commission,  therefore,  has  paid  particular  attention  to  redress  this 
situation,  in  the  in-depth  revision  of  the  IPPC  Directive  which  has  taken  place  and 
has led to the new Industrial Emissions Directive (IED) 

Indeed,  in  the  new  Industrial  Emissions  Directive  (IED),  adopted  on  8  November 
2010,  which  will  replace  the  IPPC  Directive,  the  role  of  BAT  and  BAT  associated 
emission  levels  (AEL)  is  strongly  reinforced.  They  are  now  to  be  adopted  by  the 
Commission  as  BAT  Conclusions  and  will  have  legal  effect.  The  possibility  for 
permitting authorities to deviate from the AEL levels will be restricted and subject to 
justification according to strict criteria set out in the Directive. It is expected that this 
will  result  in  an  accelerated  replacement  of  mercury-based  technologies  and 
reduction of mercury emissions in a range of industrial sectors, in particular cement 
production, non-ferrous metal industries, large combustion plants, waste incineration 
and chlor-alkali manufacturing. 

4 

OJ L24/8 of 29.1.2008 

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Action 2: development of BAT Reference documents (BREFs) 

This  is  an  ongoing  exercise.  The  BREFs  for  the  Chlor-Alkali  Manufacturing 
Industry,  Large  Combustion  Plants,  and  the  Non-Ferrous  Metals  Industry  are 
currently  under  review  in  close  co-operation  with  stakeholders.  In  this  context, 
mercury  emissions  will  be  specifically  addressed  in  this  process,  in  particular  with 
regard to the decommissioning of mercury cell plants in the chlor-alkali industry.  

Action 3: emissions from small-scale coal combustion  

A study on "Costs and environmental effectiveness of options for reducing mercury 
emissions  to  air  from  small-scale  combustion  installations"  was  finalised  in 
December 20055. According to the findings of the study, this source was estimated to 
contribute 16% of the total EU mercury emissions. On the basis of these findings, the 
European Commission, in its proposal for the IED, suggested reducing the threshold 
for the application of the rules applying to large combustion plants from a total rated 
input  of  50 MW  to  20 MW.  However,  the  EU  legislator  maintained  the  50 MW 
threshold  and  introduced  in  the  Directive  a  clause  requiring  the  Commission  to 
review  by  end  2012  the  need  to  control  emissions  below  this  threshold  and  if 
appropriate  come  forward  with  a  legislative  proposal.  The  Commission  will  follow 
up on this in due course. 

Action 4: management of dental amalgam waste 

Dental  amalgam  is  the  second  biggest  use  of  mercury  in  the  EU.  Commission 
Decision 2000/532/EC6 characterises amalgam waste from dental care as hazardous 
waste,  it  is  therefore  subject  to  the  provisions  of  the  recently  established  Waste 
Framework  Directive7.  The  Commission  has  reviewed  actual  practices  in  dental 
clinics in Member States through a questionnaire survey carried out in 2005. It was 
concluded that while in many Member States the installation of amalgam separators 
is obligatory and appropriate collection schemes have been established, this is not the 
case throughout the Community.  

Mercury  emissions  from  dental  cabinets  are  also  subject  to  EU  water  legislation. 
Mercury  is  classified  as  priority  hazardous  substance  according  to  Annex  X  of  the 
Water  Framework  Directive  (WFD)8,  thus  Member  States  are  obliged  in  the  long 
term to take measures to cease or phase out the emissions, discharges and losses of 
this  substance.  In  addition  and  reflecting  the  combined  approach  of  the  WFD, 
Directive 2008/105/EC9 establishes Environmental Quality Standards in the field of 
water policy for certain priority substances including mercury and its compounds. In 
case  these  standards  are  not  met,  Member  States  have  to  take  measures  to  comply 
with them as foreseen by Article 11 of WFD. 

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http://ec.europa.eu/environment/chemicals/mercury/ 
OJ L226/3 of 6/9/2000 
Directive 2008/98/EC, OJ L312/3 of 22.11.2008 
Directive 2000/60/EC, OJ L327 of 22.12.2000 
OJ L348/89 of 24.12.2008 

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3.2. 

Reducing supply 

Action 5: mercury export ban 

On 22 October 2008, the EU legislator adopted Regulation (EC) No 1102/200810 on 
the  banning  of  exports  of  metallic  mercury  and  certain  mercury  compounds  and 
mixtures and the safe storage of metallic mercury. The export ban enters into force 
on  15  March  2011.  Reporting  obligations  and  an  information  exchange  established 
under  the  Regulation  will  allow  for  assessing  the  effectiveness  of  the  ban  and  its 
impact on the global mercury market. 

3.3. 

Reducing demand 

Dental  amalgam  and  measuring  equipment  applications  have  been  identified  as  of 
particular importance as they represent the major volumes of mercury still present in 
products. 

Action 6: use of dental amalgam 

The Commission services consulted two Scientific Committees on the use of dental 
amalgam,  the  Committee  for  Environmental  and  Health  Risks  (SCHER)  and  the 
Committee  for  Emerging  and  Newly  Identified  Health  Risks  (SCENIHR).  The 
opinions11,12 of both Committees were not conclusive regarding the appropriateness 
of additional regulatory measures to restrict the use of dental amalgam. 

However,  given  that  some  Member  States  have  already  substantially  restricted  the 
use  of  dental  amalgam  in  their  national  health  care  systems  and  given  that  dental 
amalgam  represents  the  second  largest  use  of  mercury  in  the  EU,  the  Commission 
has decided to undertake a full lifecycle assessment of this mercury use. The results 
of this assessment are expected for the end of 2011.  

Action 7: measuring and control equipment containing mercury 

The EU legislator adopted on 25 September 2007 Directive 2007/51/EC13 amending 
Council  Directive  76/769/EEC  relating  to  restrictions  on  the  marketing  of  certain 
measuring  devices  containing  mercury.  Fever  thermometers  as  well  as  other 
mercury-containing  measuring 
barometers, 
sphygmomanometers, thermometers other than fever thermometers) intended for sale 
to the general public may no longer be placed on the market. The Directive includes 
a  review  clause  for  a  possible  extension  of  the  existing  restrictions  to  other 
measuring devices containing mercury. 

(e.g.  manometers, 

devices 

An extension of this marketing restriction to additional health care devices as well as 
to measuring devices intended for professional and industrial use is presently under 
consideration.  However, 
legal  framework  has  changed  with  Directive 
76/769/EEC being repealed and further marketing restrictions now having to follow 

the 

10 
11 
12 
13 

OJ L304/75 of 14.11.2008 
http://ec.europa.eu/health/archive/ph_risk/committees/04_scher/docs/scher_o_089.pdf  
http://ec.europa.eu/health/archive/ph_risk/committees/04_scenihr/docs/scenihr_o_016.pdf  
OL L257 of 3.10.2007 

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the  procedures  laid  down  in  the  REACH  Regulation  (EC)  No  1907/200614.  The 
above-mentioned  directive  2007/51/EC  has  been  included  in  the  Annex  XVII 
"Restrictions on the manufacture, placing on the market and use of certain dangerous 
substances,  mixtures  and  articles",  under  the  entry  18a,  of  the  REACH  Regulation 
(EC) 1907/2006, as amended by Commission Regulation (EC) No. 552/200915. The 
European  Chemicals  Agency  (ECHA),  further  to  a  request  from  the  European 
Commission based on its obligation contained in the review clause of the restriction 
on  mercury-containing  measuring  devices,  evaluated  new  scientific  evidence  and 
prepared  a  report  proposing  to  further  restrict  mercury  in  measuring  devices  in 
healthcare and in other professional and industrial uses. The opinion building process 
of the restriction report prepared by ECHA started with a public consultation on 24 
September  2010.  The  opinions  of  the  relevant  Committees  under  REACH  are 
expected  to  be  submitted  to  the  Commission  in  September  2011.  The  Commission 
will  subsequently  decide  whether  and  when  the  restrictions  will  enter  into  force  in 
the  EU.  In  a  related  development,  SCENIHR  has  recently  issued  an  opinion16 
confirming  that  reliable  alternatives to mercury sphygmomanometers in health care 
are available. 

Action 8: other products and applications  

The study report "Options for reducing mercury use in products and applications and 
the fate of mercury already circulating in society"17 addresses most current mercury 
applications and contains an assessment of options for reducing inputs of mercury to 
society. This study also covers action 10. 

Following  the  progressive  ban  of  incandescent  bulbs  from  the  EU  market  by  the 
2005  Eco-design  Directive  as  amended  in  200918,  the  Commission  addressed  the 
mercury content of increasingly used energy efficient light bulbs. On 24.9.2010, the 
Commission adopted a Decision amending the Annex to Directive 2002/95/EC (the 
so-called  RoHS  Directive)  which  significantly  reduced  the  limit  values  for  such 
mercury  containing  bulbs19.  These  light  bulbs  are  also  subject  to  the  provisions  on 
separate collection and treatment of Directive 2002/96/EC20 on waste electrical and 
electronic  equipment  (WEEE).  In  addition,  the  Commission  asked  the  Scientific 
Committee on Health and Environmental Risks (SCHER) for an opinion on mercury 
in  certain  energy-saving  light  bulbs.  The  SCHER  concluded21  that  compact 
fluorescent  lamps  (CFLs)  offer  a  net,  although  limited,  decrease  in  total  mercury 
emissions from the lamps and from coal-fired power plants providing electricity for 
lighting as compared with the other light bulbs considered. The SCHER was also of 
the  opinion  that  a  human  health  risk  for  adults  due  to  breakage  of  such  lamps  was 
unlikely. For children SCHER could not conclude on the risk, since data on exposure 
are missing. 

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OJ L396/1 of 30.12.2006 
OJ L164/7 of 26.6.2009 
http://ec.europa.eu/health/archive/ph_risk/committees/04_scenihr/docs/scenihr_o_025.pdf  
http://ec.europa.eu/environment/chemicals/mercury/pdf/study_report2008.pdf  
Directive 2009/125/EC, OJ L 285, 31.10.2009, p.10 
OJ L251/28 of 25.9.2010 
OJ L37/24 of 13.2.2003 
http://ec.europa.eu/health/scientific_committees/environmental_risks/docs/scher_o_124.pdf 

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In December 2008, the Commission proposed a recast of the WEEE and of the RoHS 
Directives which aims, inter alia, at a further reduction of the hazardous substances 
(including  mercury)  content  in  waste  and  enhanced  recollection  and  recycling 
targets. A first reading agreement was reached in the co-decision process for RoHS 
in  November  2010,  whilst  the  WEEE  proposal  is  still  under  examination  by  the 
European  Parliament  and  the  Council.  Directive  2000/53/EC  on  end-of-life 
vehicles22 (as last amended in 2010) stipulates a general ban on mercury in materials 
and  components  of  vehicles.  An  exemption  is  still  granted  for  headlight  lamps  and 
fluorescent tubes used in instrument panel displays, but this exemption is limited in 
time until 1 July 2012 (date of vehicle type approval). 

Under Directive 2006/66/EC on batteries and accumulators and waste batteries and 
accumulators23,  the  maximum  allowed  content  of  mercury  in  batteries  and 
accumulators  was  significantly  lowered  as  compared  to  the  previous  (repealed) 
Batteries Directive 91/157/EEC. 

3.4. 

Addressing surpluses and reservoirs 

Action 9: storage 

Regulation (EC) No 1102/2008 of the European Parliament and of the Council on the 
banning of exports of metallic mercury and certain mercury compounds and mixtures 
and the safe storage of metallic mercury stipulates that mercury from selected large-
volume  sources,  in particular the chlor-alkali industry, is to be considered as waste 
and subject to disposal. Specific criteria for the safe storage of metallic mercury are 
presently under development and will be adopted by the Commission early 2011. In 
addition, 
industry  signed  a  voluntary  agreement, 
committing  itself  to  send  surplus  mercury  only  to  storage  sites  that  guarantee  high 
safety  standards.  The  reporting  obligations  under  Regulation  No  1102/2008  will 
allow the Commission to monitor closely the implementation of this commitment. 

the  European  chlor-alkali 

In line with the obligation to keep under review ongoing research activities on safe 
disposal options, including solidification of metallic mercury (see Article 8(2) of the 
Regulation),  the  Commission  has  commissioned  a  consultant's  report  finalised  in 
autumn 201024. Progress in solidification techniques that are about to hit the market 
are likely to impact on the development of requirements and criteria for the storage 
of metallic mercury according to Article 4(3). This work is still ongoing by the time 
of adoption of this Communication. 

Action 10: mercury in products already circulating in society 

Work undertaken under this action is reported under action 8. 

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OJ L 269, 21.10.2000, p.34 
OJ L 266, 26.9.2006, p.1 
http://ec.europa.eu/environment/chemicals/mercury/ 

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3.5. 

Protection against exposure 

Action 11: mercury in fish and seafood 

The  European  Food  Safety  Authority  (EFSA)  has  developed  refined  tools  to 
calculate  exposure  at  a  detailed  food  level  and  in  some  specific  population  groups. 
The  new  Comprehensive  Food  Consumption  Database25  contains  information  on 
children and adult consumption at individual level capturing age, gender and weight 
of  each  participant.  If  new  data  on  mercury  become  available,  refined  exposure 
assessments can be carried out using the new food consumption database. 

National  authorities  have  given  more  detailed  consumption  advice  concerning 
mercury  in  food  using  the  Information  Note  from  the  Commission  as  a  basis  (see 
also below under action 12).  

In  order  to  further  improve  the  protection  of  the  health  of  workers  who  may  be 
exposed to mercury, the Commission adopted Directive 2009/161/EU26 establishing 
a third list of indicative occupational exposure limit values (IOELVs). This includes 
an IOELV for mercury and divalent inorganic mercury compounds. 

Action 12: information on mercury in food 

On the basis of the knowledge acquired under Action 11, the Commission issued an 
Information  Note27  to  Member  States  regarding  methylmercury  in  fish  and  fishery 
products on 21 April 2008. This note provides advice on the maximum quantities of 
certain  fish  to  be  consumed  by  vulnerable  groups  (pregnant  and  breast-feeding 
women  and  young  children),  which  should  be  used  as  guidance  by  Member  States 
when issuing consumer advice. 

3.6. 

Improving understanding 

Action 13: priorities for mercury research  

the  Community  Research  and  Development 

A number of research projects addressing priorities for mercury research have been 
funded  by  the  EU  since  2005.  Details  of  projects  funded  through  the  Seventh 
Framework Programme (FP7) and other research funding mechanisms are available 
through 
Information  Service 
(CORDIS)28. A grant agreement for a five-year research project on a Global Mercury 
Observation System (GMOS) with a total cost of 8,8 million euro and involving 24 
partners  from  24  countries  has  been  recently  signed  under  the  FP7  environment 
programme. The Commission contributes 6,8 million Euro to the overall cost for this 
project  that  officially  started  on  1  November  2010.  The  objective  of  GMOS  is  to 
provide key information on the atmospheric transport of mercury at global scale that 
could be used as a basis for the evaluation of the effectiveness of mercury emissions' 

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26 
27 

28 

http://www.efsa.europa.eu/en/datex/datexfooddb.htm  
OJ L338 of 19.12.2009 
Information note from the EC dated 21 April 2008 on methylmercury in fish and fishery products: 
ec.europa.eu/food/food/chemicalsafety/contaminants/information_note_mercury-fish_21-04-2008.pdf  
http://cordis.europa.eu/search  

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reduction strategies. This will be an important contribution in assessing the long-term 
success of the relevant policies at European and global level. 

The EU's financial  instrument for the Environment (LIFE) has been used to fund a 
pilot  project  on  the  safe  disposal  of  metallic  mercury29.  In  addition,  the  European 
Commission  launched  in  2009  a  study  on  "Scientific  support  in  relation  to  the  EU 
Mercury  Policy".  The  objective  of  the  study  is  to  provide  the  Commission  with  a 
solid  scientific  knowledge  base  on  mercury  by  analysing  and  summarising  existing 
research  results  of  policy  relevance.  It  will  provide  for  a  consolidated  inventory  of 
mercury-related  findings  from  diverse  research  projects  undertaken  over  the  recent 
years. The results of this study are expected for summer 2011. 

3.7. 

Supporting and promoting international action. 

The EU actively supported efforts under the UNEP Global Mercury Programme, in 
particular  those  leading  to  decision  25/530  of  the  UNEP  Governing  Council  in 
February  2009.  Decision  25/5  was  the  starting  point  for  a  3  to  4  year  negotiation 
process that should lead to a global legally binding instrument on mercury (see also 
chapter 2 and actions 17 & 18). At the global level, the European Commission has 
provided support to the Group on Earth Observation that has recently initiated a new 
Task  (Global  Monitoring  Plan  for  Mercury)  aiming  to  build  a  global  observation 
system for mercury.  

Action 14: input to international fora and activities 

In addition to the above, the European Commission and several Member States have 
engaged in a number of international activities raising awareness as well as seeking 
solutions  for  the  mercury  problem.  In  this  context,  an  international  conference  was 
organised by the European Commission in October 2006 in Brussels. The EU and its 
Member States are members and participants in several international fora where the 
mercury issue is discussed31. Initiatives have also been taken at individual Member 
State level, such as IKIMP32 (Integrating Knowledge to Inform Mercury Policy), a 3-
year knowledge exchange initiative dedicated to mercury issues in the UK.  

Action 15: funding to reduce emissions from coal combustion in third countries 

The European Commission has provided funding of €1million to UNEP for carrying 
out  a  project  on  "Reducing  mercury  emissions  from  coal  combustion  in  the  energy 
sector".  The  project  currently  underway  is  being  lead  by  the  International  Energy 
Agency  Clean  Coal  Centre33  and  focuses  on  countries  with  a  high  dependency  on 
solid  fuels  in  particularly  China,  India,  Russia  and  South  Africa.  Furthermore,  an 
open  call  for  proposals  on  clean  coal  technologies  was  published  by  the  European 
Commission  in  2010  for  grants  targeted  at  coal-dependent  countries,  emerging 

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30 
31 

32 
33 

MERSADE project (http://www.mayasa.es/ing/mersade.asp); MERSADE LIFE06 ENV/ES/PREP/03 
http://www.chem.unep.ch/mercury/GC25/GC25Report_English_25_5.pdf  
Including  the  UNEP  Mercury  Programme,  the  Heavy  Metals  Protocol  under  the  UNECE  LRTAP 
Convention, the OSPAR and Basel Conventions etc 
http://www.mercurynetwork.org.uk/  
http://www.iea-coal.org.uk  

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economies  and  developing  countries34.  These  grants  are  aimed  mainly  at  capacity 
building activities and studies and comprise a total budget of 3 million euro. While 
the project will not focus exclusively on mercury it will help identifying co-benefits 
of emission control techniques in the coal-based power sector. 

Action 16: prior informed consent for the import of mercury 

Already since 2003, prior informed consent has been made mandatory for the export 
and  import  of  mercury  compounds  through  Regulation  (EC)  No  304/2003  (now 
replaced  by  Regulation  (EC)  No  689/200835)  concerning  the  export  and  import  of 
dangerous substances, thereby implementing the Rotterdam Convention on the Prior 
Informed Consent (PIC) procedure on certain dangerous chemicals and pesticides in 
international  trade.  The  PIC  procedure  was  also  applied  to  imports  of  mercury 
compounds for use as pesticide.  

Action  17:  Heavy  Metals  Protocol  to  the  UNECE  Convention  on  Long  Range 
Transboundary Air Pollution  

The  EU  and  20  Member  States  are  Parties to  the  Heavy  Metals  Protocol  under  the 
UNECE  Convention  on  Long  Range  Transboundary  Air  Pollution  (LRTAP).  The 
European Commission strongly encourages Member States that have not ratified the 
Protocol yet to do so the soonest possible. In September 2008, the EU proposed the 
addition  of  a  number  of  mercury-containing  products  to  Annex  VI  of  the  Protocol. 
The Executive Body of the LRTAP Convention will decide in December 2010 on the 
possible  opening  of  a  negotiation  process  and  on  the  scope  of  the  negotiation 
mandate. However, it will be important to ensure that negotiations under the Heavy 
Metals Protocol are in line with developments under the future UNEP legally binding 
instrument on Mercury.  

Action 18: support the UNEP Global Mercury Programme 

The  European  Commission  is  participating  in  the  Global  Mercury  Partnership 
Advisory  Group  and  has  formally  subscribed  to  the  "Mercury  Releases  from  Coal 
Combustion"  Partnership  area,  while  Germany  and  Italy  are  members  of  the 
"Mercury  Waste  Management"  and  "Mercury  Air  Transport  and  Fate  Research" 
areas  respectively.  UNEP  Governing  Council  Decision  25/5  specified  the  Global 
Mercury  Partnership  as  one  of  the  main  mechanisms  for  the  delivery  of  immediate 
actions  on  mercury  during  the  negotiation  process  of  the  global  legally  binding 
instrument on mercury.  

Action 19: mercury in the gold mining sector 

In  2010  the  European  Commission  will  provide  a  financial  contribution  of  €1,5 
million to UNDP for setting up the Guiana Shield Facility36. The facility is a multi-
donor  financial  mechanism  focused  on  activities  needed  to  ensure  the  ecological 

34 

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36 

https://webgate.ec.europa.eu/europeaid/online-
services/index.cfm?ADSSChck=1281432803820&do=publi.detPUB&searchtype=AS&Pgm=7573841
&debpub=&orderby=upd&orderbyad=Desc&nbPubliList=15&page=1&aoref=129199  
OJ L204/14 of 31.7.2008 
http://ec.europa.eu/europeaid/documents/aap/2010/af_aap_2010_dci-env.pdf  

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integrity  of  the  Guyana  Shield  eco-region37.  It  will  fund  field-based  projects 
addressing  (among  others)  risks  caused  by  illegal  and  unregulated  gold  mining  by 
small  scale  gold  miners  (garimpeiros)  spreading  into  French  Guyana,  Suriname, 
Guyana, Venezuela and Colombia. 

Action 20: reduction of mercury supply at the international level  

The  mandate  given  by  UNEP's  Governing  Council  to  the  INC  in  form  of  Decision 
25/5  contains  inter  alia  the  reduction  of  mercury  supply,  capacity-building  for  the 
environmentally  sound  storage  of  the  substance  and  the  reduction  of  international 
trade  in  mercury.  The  EU  has  already  made  a  contribution  to  the  overall  goal  by 
adopting the Mercury Export Ban Regulation (see action 5). Within the negotiating 
process,  the  EU  will  advocate  its  policy  approach  and  explore  the  possibilities  of 
how it could be appropriately reflected in a future legally binding instrument.  

4. 

CONCLUSIONS 

The  implementation  of  the  Mercury  Strategy  is  in  an  advanced  stage,  having 
delivered on almost all actions. 

For the reduction of mercury emissions, a new legal framework is now in place for 
large  point  sources.  The  implementation  of  the  new  Industrial  Emissions  Directive 
will allow the EU to realise the considerable emission reduction potential that can be 
achieved  through  the  application  of  Best  Available  Techniques.  However,  this  will 
require an ambitious transposition and implementation practice in the Member States 
which will be closely followed and supported by the Commission. 

Concerning the demand for mercury in products, current work will continue on the 
extension  of  the  existing  marketing  restrictions  for  certain  measuring  devices 
containing mercury to additional devices used in the health care sector, in particular 
sphygmomanometers and for other professional and industrial uses. 

The  Commission  sees  in  particular  the  necessity  to  investigate  more  the  issue  of 
dental amalgam. The Commission therefore intends to undertake in 2011 a study to 
assess the issue in more detail with due consideration to all aspects of its lifecycle. 

International action is a priority for the coming years. Given the global aspect of the 
mercury problem, internal EU legislation alone cannot guarantee effective protection 
of the European citizen. The Commission therefore intends to focus its efforts on the 
negotiation of a global legally binding instrument on mercury under the auspices of 
UNEP.  In  this  context,  the  EU  has  a  lot  to  offer  by  having  already  effective 
instruments  at  EU  level.  Once  this  international  instrument  has  taken  shape,  the 
European Commission will assess which aspects of the mercury life cycle should be 
subject  to  additional  EU-specific  action,  including  if  needed  additional  legislative 
proposals, and taking into account the 2013 review of the Export Ban Regulation and 
further  progress  under  the  Strategy.  This  is  particularly  valid  for  the  additional 
import and export restrictions suggested by the consultant's review study which need 
to be assessed against the background of internationally negotiated obligations. 

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http://www.guianashield.org  

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The actions of the Community Strategy Concerning Mercury (full text) 

ANNEX  

1. 

REDUCING EMISSIONS 

Action 1.  The  Commission  will  assess  the  effects  of  applying  IPPC  on  mercury 
emissions,  and  consider  if  further  action  like  Community  emission  limit  values  is 
needed,  as  data  under  the  IPPC  and  EPER38  reporting  requirements  are  submitted, 
and in a broader strategy review by the end of 2010. This will include review of the 
co-benefit  effect  of  controls  to  be  implemented  by  1  January  2008  under  Directive 
2001/80/EC to reduce sulphur dioxide emissions from large combustion plants. 

Action 2.  The  Commission  will  encourage  Member  States  and  industry  to  provide 
more  information  on  mercury  releases  and  prevention  and  control  techniques,  so 
conclusions can be drawn in BREFs helping to reduce emissions further. The second 
edition  of  the  chlor-alkali  BREF  will  include  information  to  address  the  risk  of 
releases in decommissioning mercury cells. 

Action 3.  The  Commission  will  undertake  a  study  in  2005  of  options  to  abate 
mercury emissions from small scale coal combustion, to be considered alongside the 
broader CAFE assessment. 

Action 4.  The  Commission  will  review  in  2005  Member  States’  implementation  of 
Community  requirements  on  the  treatment  of  dental  amalgam  waste,  and  will  take 
appropriate steps thereafter to ensure correct application.  

2. 

REDUCING SUPPLY 

Action 5.  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 
as  described  in  section  10,  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. 

3. 

REDUCING DEMAND 

Action 6.  In  the  short  term  the  Commission  will  ask  the  Medical  Devices  Expert 
Group  to consider the use of mercury  in dental amalgam, and will seek  an  opinion 
from  the  Scientific  Committee  on  Health  and  Environmental  Risks,  with  a  view  to 
considering whether additional regulatory measures are appropriate.  

38 

Commission  Decision  2000/479/EC  of  17  July  2000  on  the  implementation  of  a  European  pollutant 
emission  register  (EPER)  according  to  Article  15  of  Council  Directive  96/61  concerning  integrated 
pollution prevention and control, OJ L192, 28.7.2000. 

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Action 7.  The  Commission  intends  to  propose  in  2005  an  amendment  to  Directive 
76/769/EEC39  to  restrict  the  marketing  for  consumer  use  and  healthcare  of  non-
electrical or electronic measuring and control equipment containing mercury. 

Action 8.  The  Commission  will  further  study  in  the  short  term  the  few  remaining 
products  and  applications  in  the  EU  that  use  small  amounts  of  mercury.  In  the 
medium  to  longer  term,  any  remaining  uses  may  be  subject  to  authorisation  and 
consideration  of  substitution  under  the  proposed  REACH  Regulation40,  once 
adopted. 

4. 

ADDRESSING SURPLUSES AND RESERVOIRS 

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 the industry. 

Action 10. The Commission will undertake further study in the short to medium term 
of the fate of mercury in products already circulating in society. 

5. 

PROTECTION AGAINST EXPOSURE 

Action 11. In the short term, EFSA will investigate further specific dietary intakes of 
different  types  of  fish  and  seafood  among  vulnerable  subpopulations  (e.g.  pregnant 
women, children). 

Action 12. The Commission will provide additional information concerning mercury 
in  food  as  new  data  become  available.  National  authorities  will  be  encouraged  to 
give advice in the light of local specificities. 

6. 

IMPROVING UNDERSTANDING 

Action 13.  Priorities  for  mercury  research  will  be  addressed  in  the  7th  RTD 
Framework Programme and other appropriate funding mechanisms. 

39 

40 

Directive  76/769/EEC  on  the  approximation  of  the  laws,  regulations  and  administrative  provisions  of 
the Member States relating to restrictions on the marketing and use of certain dangerous substances and 
preparations, OJ L 262, 27.9.76. 
Proposal for a Regulation of the European Parliament and of the Council concerning the Registration, 
Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals 
Agency and amending Directive 1999/45/EC and Regulation (EC) {on Persistent Organic Pollutants}, 
COM(2003) 644 final, 29.10.2003. 

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7. 

SUPPORTING AND PROMOTING INTERNATIONAL ACTION 

Action 14.  The  Community,  Member  States  and  other  stakeholders  should  pursue 
input to international fora and activities, and bilateral engagement and projects with 
third countries, including technology transfer, to address the mercury problem. 

Action 15. The Commission will consider establishing a specific funding scheme for 
research  and  pilot  projects  to  reduce  mercury  emissions  from  coal  combustion  in 
countries  with  a  high  dependency  on  solid  fuels,  e.g.  China,  India,  Russia,  etc., 
similar to the CARNOT programme that promotes the clean and efficient use of solid 
fuels. 

Action 16. The Community should promote an initiative to make mercury subject to 
the PIC procedure of the Rotterdam Convention. 

Action 17.  The  Community  and  Member  States  should  continue  to  support  work 
under  the  Heavy  Metals  Protocol  to  the  UNECE  Convention  on  Long  Range 
Transboundary Air Pollution. 

Action 18.  The  Community,  Member  States  and  other  stakeholders  should  also 
support the UNEP Global Mercury Programme, e.g. through review of materials and 
provision of technical knowledge and human and financial resources. 

Action 19.  The  Community  and  Member  States  should  support  global  efforts 
contributing  to  reduced  use  of  mercury  in  the  gold  mining  sector,  e.g.  the 
UNDP/GEF/UNIDO Global Mercury Project. They will also consider possibilities to 
support  individual  developing  countries  through  the  various  instruments  related  to 
development cooperation assistance, taking national strategies for development into 
account. 

Action 20.  To  reduce  mercury  supply  internationally,  the  Community  should 
advocate a global phase-out of primary production and encourage other countries to 
stop  surpluses  re-entering  the  market,  under  an  initiative  similar  to  that  of  the 
Montreal  Protocol  on  substances  that  deplete  the  ozone  layer.  To  support  this 
objective, the envisaged amendment of Regulation (EC) No. 304/2003 would phase 
out the export of mercury from the Community by 2011. 

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