COUNCIL DIRECTIVE amending Council Directive 1999/31/EC as regards specific criteria for the storage of metallic mercury considered as waste  Proposal for a COUNCIL DIRECTIVE amending Council Directive 1999/31/EC as regards specific criteria for the storage of metallic mercury considered as waste
Date: 2011-05-27
Institutions: European Commission
Subjects: hazardous waste, mercury, storage of waste

EUROPEAN COMMISSION 

Brussels, 27.5.2011 
COM(2011) 299 final 

2011/0132 (NLE) 

Proposal for a 

COUNCIL DIRECTIVE 

amending Council Directive 1999/31/EC as regards specific criteria for the storage of 
metallic mercury considered as waste  

 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Article 2 of Regulation (EC) No 1102/20081 stipulates that metallic mercury from four major 
sources shall be considered as waste and be disposed of in a way that is safe for human health 
and the environment. According to Article 3, metallic (liquid) mercury may be stored, by way 
of  derogation  from  Article  5(3)a  of  Directive  1999/31/EC2,  temporarily  or  permanently  in 
adapted  salt  mines  or  deep  hard-rock  formations,  or  temporarily  in  dedicated  above-ground 
facilities. Article 4 (3) stipulates that requirements for such storage facilities and acceptance 
criteria shall be adopted in accordance with the comitology procedure referred to in Article 16 
of  Directive  1999/31/EC  and  take  the  form  of  amendments  of  Annexes  I,  II  and  III  of  that 
Directive. 

The  storage  obligation  (as  well  as  the  export  ban  according  to  Article  1  of  the  Regulation) 
entered into effect on 15 March 2011. 

In  order  to  prepare  an  appropriate  proposal  for  storage  criteria,  the  Commission  (DG 
Environment) asked for a study on "Requirements for facilities and acceptance criteria for the 
disposal  of  metallic  mercury"  performed  by  BiPRO  GmbH.  The  final  report  was  made 
available in April 20103.  

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES  

Based  on  the  findings  of  this  study  but  also  on  other  sources,  the  Commission  developed  a 
first  preliminary  draft  of  criteria,  in  form  of  a  working  document,  and  submitted  it  in  June 
2010 to Member States experts for comments until 3 September 2010. 

During this consultation it became evident that, insofar as permanent storage was concerned, 
additional assessments of the long-term behaviour of metallic mercury in underground storage 
are needed for the determination of sound and knowledge-based requirements for permanent 
storage. 

The Commission did however continue to prepare, in close co-operation with Member States 
experts, criteria for temporary storage of metallic mercury. The issue of criteria for permanent 
storage  will  be  revisited  as  soon  as  the  knowledge  base  has  improved,  taking  into  account 
information  from  Member  States  that  may  develop  capacities  and  are  currently  running 
national assessments of environmental safety. 

On the basis of the comments received from the first round of consultation, a revised working 
document was discussed in an informal meeting with waste and mercury experts on 6 October 
2010. 

1 

2 
3 

Regulation (EC) No 1102/2008 of the European Parliament and of the Council 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 (Text with EEA relevance) OJ L 304, 14.11.2008, p. 75 
Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste, OJ L 182, 16.7.1999, p.1 
The study can be consulted on the webpage http://ec.europa.eu/environment/chemicals/mercury/ 

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With  additional  remarks  and  amendments  taken  on  board,  the  paper  was  submitted  for  a 
debate  (without  voting)  to  the  Committee  for  the  adaptation  to  scientific  and  technical 
progress  established  under  Directive  1999/31/EC  on  the  landfill  of  waste  on  10  December 
2010. Taking into account the scrutiny reservation of one Member State and the remarks from 
two others to be accommodated in an amended version, the document was acceptable to all 
those present. 

The  Commission  transferred  the  content  of  this  working  paper  with  the  above  mentioned 
amendments  into  a  legislative  document,  a  draft  Commission  Directive  amending  Council 
Directive  1999/31/EC  as  regards  specific  criteria  for  the  storage  of  metallic  mercury 
considered as waste. This draft Directive was submitted to the (re-named) Committee for the 
"Adaptation  to  scientific  and  technical  progress  and  implementation  of  the  Directives  on 
waste established under Article 39 of Directive 2008/98/EC" on 11 February 2011 for voting 
under written procedure. The draft contained a reference to correlation tables to be drawn up 
by Member States. Given that the basic act (the Landfill Directive) does not contain such a 
reference,  it  was  not  deemed  as  appropriate  to  include  it  in  the  amending  act.  Therefore  a 
revised version of the  draft was  subject  of  a re-launch of the written procedure on 7 March 
2011. 

By the end of the 30-day period for voting (5 April 2011), no qualified majority was obtained 
(241 votes in favour, 75 votes against, 29 abstentions). 

In accordance with Article 5a paragraph 4 of Council Decision 1999/468/EC laying down the 
procedures for the exercise of implementing powers conferred on the Commission, a proposal 
relating to the measures to be taken shall therefore be submitted to the Council. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

According  to  the  proposal,  a  section  concerning  specific  requirements  for  the  storage  of 
metallic mercury will be added to each of the Annexes I, II and III to the Landfill Directive. 
The structure of the Directive and its annexes remain unchanged. 

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2011/0132 (NLE) 

Proposal for a 

COUNCIL DIRECTIVE 

amending Council Directive 1999/31/EC as regards specific criteria for the storage of 
metallic mercury considered as waste  

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 191 thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 

Acting in accordance with a special legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

Regulation  (EC)  No 1102/2008  stipulates  that,  by  way  of  derogation  from  Article 
5(3)(a)  of  Council  Directive  1999/31/EC  of  26  April  1999  on  the  landfill  of  waste4, 
metallic  mercury  that  is  considered  as  waste  may,  in  appropriate  containment,  be 
temporarily  stored  for  more  than  one  year  or  permanently  stored  in  certain  types  of 
landfills. 

Storage of metallic mercury that is considered as waste is already regulated by Union 
legislation on waste management. 

The  storage  of  metallic  mercury  that  is  considered  as  waste  for  up  to  one  year  is 
subject to the permit requirements according to Article 23 of Directive 2008/98/EC of 
the  European  Parliament  and  of  the  Council  of  19  November  2008  on  waste  and 
repealing certain Directives5. 

The provisions of Directive 1999/31/EC as well as the provisions of Council Decision 
2003/33/EC  of  19  December  2002  establishing  criteria  and  procedures  for  the 
acceptance  of  waste  at  landfills  pursuant  to  Article  16  of  and  Annex  II  to  Directive 
1999/31/EC6 apply to facilities for the storage of metallic mercury for more than one 
year according to Article 3(1) of Regulation (EC) No 1102/2008. 

(5) 

This  implies,  in  particular,  that  all  facilities  for  the  storage  of  metallic  mercury  for 
more  than  one  year  need  a  permit  according  to  Articles  7,  8  and  9  of  Directive 

4 
5 
6 

OJ L 182, 16.7.1999, p. 1. 
OJ L 312, 22.11.2008, p. 3. 
OJ L 11, 16.1.2003, p. 27. 

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1999/31/EC  and  that  such  facilities  are  subject  to  the  control  and  monitoring 
requirements  laid  down  in  Article  12  of  that  Directive,  as  well  as,  in  the  case  of 
underground storage, to the safety assessment requirements according to Appendix A 
of Decision 2003/33/EC. 

In addition, such facilities are subject to the general provisions on record keeping as 
laid down in Directive 2008/98/EC.  

In addition, the provisions of Council Directive 96/82/EC of 9 December 1996 on the 
control of major-accident hazards involving dangerous substances7 apply to  facilities 
for the temporary above-ground storage according to Article 3(2) of Regulation (EC) 
No 1102/2008. 

However, those provisions do not fully address the specific characteristics of metallic 
mercury, and additional requirements are therefore needed. 

Those  additional  requirements  should  take  into  account  research  activities  on  safe 
disposal options, including solidification of metallic mercury. There is progress in the 
development  of  environmentally  sound  solidification  options  but  it  is  premature  to 
decide on the large scale viability of such options. 

(6) 

(7) 

(8) 

(9) 

(10)  Additional  assessments  of 

the 

long-term  behaviour  of  metallic  mercury 

in 
underground storage are needed for the determination of sound and knowledge-based 
requirements  for  permanent  storage.  The  requirements  laid  down  in  this  Directive 
should therefore be limited to temporary storage and are considered as appropriate and 
representing the best available techniques for the safe storage of metallic mercury for a 
time span of up to five years.  

(11)  Directive 1999/31/EC should therefore be amended accordingly. 

HAS ADOPTED THIS DIRECTIVE: 

Annexes  I,  II  and  III  to  Directive  1999/31/EC  are  amended  as  set  out  in  the  Annex  to  this 
Directive 

Article 1 

Article 2 

1. 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions necessary  to  comply  with  this  Directive  by 15  March 2012  at the latest. 
They shall forthwith communicate to the Commission the text of those provisions. 

When  Member  States  adopt  those  provisions,  they  shall  contain  a  reference  to  this 
Directive  or  be  accompanied  by  such  a  reference  on  the  occasion  of  their  official 
publication. Member States shall determine how such reference is to be made. 

7 

OJ L 10, 14.1.1997, p. 13. 

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2. 

Member States shall communicate to the Commission the text of the main provisions 
of national law which they adopt in the field covered by this Directive. 

This Directive shall enter into force on the third day following that of its publication in the 
Official Journal of the European Union. 

Article 3 

Article 4 

This Directive is addressed to the Member States. 

Done at Brussels, 

For the Council 
The President 

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ANNEX 

Annexes I, II and III to Directive 1999/31/EC are amended as follows: 

(1) 

The following section is added to Annex I: 

'8. Temporary storage of metallic mercury 

For the  purposes  of temporary storage for more than one year of metallic  mercury, 
the following requirements shall apply: 

–  Metallic mercury shall be stored separately from other waste; 

– 

– 

– 

– 

– 

Containers shall be stored in collecting basins suitably coated so as to be free 
of  cracks  and  gaps  and  impervious  to  metallic  mercury  with  a  containment 
volume adequate for the quantity of mercury stored; 

The storage site shall be provided with engineered or natural barriers that are 
adequate  to  protect  the  environment  against  mercury  emissions  and  a 
containment volume adequate for the total quantity of mercury stored; 

The  storage  site  floors  shall  be  covered  with  mercury-resistant  sealants.  A 
slope with a collection sump shall be provided; 

The storage site shall be equipped with a fire protection system; 

Storage  shall  be  arranged  in  a  way  to  ensure  that  all  containers  are  easily 
retrievable.' 

(2) 

The following section is added to Annex II: 

'6. Specific requirements for metallic mercury 

For the purposes of temporary  storage for  more than one year of metallic  mercury, 
the following requirements shall apply: 

A.  Composition of the mercury 

Metallic mercury shall comply with the following specifications: 

– 

– 

mercury content greater than 99,9 % per weight; 

no  impurities  capable  of  corroding  carbon  or  stainless  steel  (e.g.  nitric  acid 
solution, chloride salts solutions). 

B.  Containment 

Containers  used  for  the  storage  of  metallic  mercury  shall  be  corrosion-  and  shock-
resistant. Welds shall therefore be avoided. The containers shall comply in particular 
with the following specifications: 

– 

container material: carbon steel (ASTM A36 minimum) or stainless steel (AISI 
304, 316L); 

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– 

– 

– 

containers shall be gas and liquid tight; 

the outer side of the container shall be resistant against the storage conditions; 

the  design  type  of  the  container  shall  successfully  pass  the  drop  test  and  the 
leakproofness  tests  as  described  in  Chapters  6.1.5.3  and  6.1.5.4  of  the  UN 
Recommendations on the Transport of Dangerous Goods, Manual of Tests and 
Criteria. 

The maximum filling ratio of the container shall be 80 % by volume to ensure that 
sufficient  ullage  is  available  and  neither  leakage  nor  permanent  distortion  of  the 
container can occur as a result of an expansion of the liquid due to high temperature. 

C. 

Acceptance procedures 

Only  containers  with  a  certificate  complying  with  the  requirements  set  out  in  this 
section shall be accepted. 

Acceptance procedures shall comply with the following: 

– 

– 

– 

– 

only  metallic  mercury  which  fulfils  the  minimum  acceptance  criteria  set  out 
above shall be accepted;  

containers  shall  be  visually  inspected  before  storage.  Damaged,  leaking  or 
corroded containers shall not be accepted;  

containers  shall  bear  a  durable  stamp  (made  by  punching)  mentioning  the 
identification  number  of  the  container,  the  construction  material,  its  empty 
weight, the reference of the manufacturer and the date of construction; 

containers shall bear a plate permanently fixed to the container mentioning the 
identification number of the certificate. 

D.  Certificate 

The certificate indicated in subsection C shall include the following elements:  

– 

– 

– 

– 

– 

– 

– 

name and address of the waste producer; 

name and address of the responsible for the filling; 

place and date of filling; 

quantity of the mercury; 

the  purity  of  the  mercury  and,  if  relevant,  description  of  the  impurities, 
including the analytical report; 

confirmation 
transport/storage of mercury; 

that 

the  containers  have  been  exclusively  used  for 

the 

the identification numbers of the containers; 

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– 

any specific comments. 

Certificates shall be issued by the producer of the waste or, in default, by the person 
responsible for its management.' 

(3) 

The following section is added to Annex III: 

'6. Specific requirements for metallic mercury 

For the purposes of temporary storage for  more than one year of metallic  mercury, 
the following requirements shall apply: 

A.  Monitoring, inspection and emergency requirements 

A  continuous  mercury  vapour  monitoring  system  with  a  sensitivity  of  at  least  0,02 
mg  mercury/m³  shall  be  installed  in  the  storage  site.  Sensors  shall  be  positioned  at 
ground  level  and  head  level.  This  shall  include  a  visual  and  acoustic  alert  system. 
The system shall be maintained annually. 

The storage site and containers shall be visually inspected by an authorized person at 
least once a month. Where leaks are detected, the operator shall immediately take all 
necessary action to avoid any emission of mercury to the environment and restore the 
safety  of  the  storage  of  the  mercury.  Any  leaks  shall  be  considered  to  have 
significant adverse environmental effects as referred to in Article 12(b). 

Emergency  plans  and  adequate  protective  equipment  suitable  for  handling  metallic 
mercury shall be available on site. 

B. 

Record keeping 

All documents containing the information referred to in Section 6 of Annex II and in 
point A of this Section, including the certificate accompanying the container, as well 
as  records  concerning  the  destocking  and  dispatch  of  the  metallic  mercury  after  its 
temporary storage and the destination and intended treatment shall be kept for at least 
3 years after the termination of the storage.' 

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