Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of the European Union, at the Seventh Session of the Intergovernmental Negotiating Committee on mercury and at the first meeting of the Conference of the Parties of the Minamata Convention on Mercury with regard to the provisional and subsequent final adoption of guidance referred to in its Article 8, paragraphs 8 and 9.
Date: 2016-01-18
Institutions: Directorate-General for Environment, European Commission
Subjects: UN Environment Programme, air quality, atmospheric pollutant, international conference, international convention, mercury, metal pollution, pollution control, prevention of pollution

EUROPEAN 
COMMISSION 

Brussels, 18.1.2016  
COM(2016) 3 final 

2016/0008 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be adopted, on behalf of the European Union, at the Seventh Session of 
the Intergovernmental Negotiating Committee on mercury and at the first meeting of 
the Conference of the Parties of the Minamata Convention on Mercury with regard to 
the provisional and subsequent final adoption of guidance referred to in its Article 8, 
paragraphs 8 and 9.  

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Explanatory Memorandum 

1. 

CONTEXT OF THE PROPOSAL  

The European Union (EU) and 26 Member States have signed the Minamata Convention on 
Mercury  (hereinafter  referred  to  as  "the  Convention")1  which  was  negotiated  under  the 
auspices  of  the  United  Nations  Environment  Programme  (UNEP)  and  adopted  in  October 
2013 at a Conference of the Plenipotentiaries in Kumamoto, Japan2.  

The Convention is the main international legal framework aimed at protecting human health 
and  the  environment  from  anthropogenic  emissions  and  releases  of  mercury  and  mercury 
compounds  (hereinafter  referred  to  as  "mercury  emissions")  to  air,  water  and  land.  It 
addresses  the  whole  life-cycle  of  mercury  from  primary  mercury  mining  to  mercury  waste 
disposal.  

Article  8  of  the  Convention  requires  Parties  to  control  and,  where  feasible,  reduce  mercury 
emissions to air originating from point sources falling within the source categories listed in its 
Annex D. In accordance with Article 8, paragraph 2, letter (b), of the Convention, a Party may 
choose to regulate only part of the sources covered within a source category, provided that the 
sources  covered  account  at  least  for  75  per  cent  of  the  emissions  from  the  source  category 
concerned.  
In line with Article 8, paragraph 4, of the Convention, Parties shall require all "new sources"3 
to make use of the best available techniques (BAT) and of the best environmental practices 
(BEP).  For  "existing  sources",  Parties  shall  control  atmospheric  mercury  emissions  through 
one or more of the measures listed in Article 8, paragraph 5, of the Convention, which include 
the use of BAT and BEP, the establishment of a quantified goal or the setting-up of  emission 
limit  values  (ELVs).  Parties  are  also  required,  by  virtue  of  Article  8,  paragraph  7,  of  the 
Convention,  to  establish  and  maintain  an  inventory  of  mercury  emissions  to  air  from  the 
sources regulated under Article 8.  

To assist Parties to fullfil these obligations, Article 8, paragraphs 8 and 9, of the Convention 
provides  that  guidance  shall  be  adopted  by  the Conference  of  the  Parties  to  the  Convention 
(CoP)  on  BAT  and  BEP,  on  support  for  Parties  in  implementing  the  measures  set  out  in 
Article 8, paragraph 5 (in particular in establishing quantified goals and ELVs), on the criteria 
that Parties may implement under Article 8, paragraph 2, letter (b) and on the methodology 
for preparing an emission inventory.  
Article 8, paragraph 10 (2nd sentence), of the Convention specifies that Parties shall take this 
guidance into account when implementing Article 8.  

Within  this  framework,  the  Conference  of  Plenipotentiaries  on  the  Convention  set  up  and 
mandated  a  group  of 
the 
Intergovernmental  Negotiating  Committee,  to  develop  the  guidance  documents  called  for  in 
the above-mentioned Article 8, paragraphs 8 and 9. The objectives set by the Conference are 
to  enable  the  CoP  to  decide  on  such  issues  at  its  first  meeting  and  to  promote  expeditious 
international action to protect human health and the environment from anthropogenic mercury 

technical  experts,  as  a  subsidiary  body  reporting 

to 

1 

2 

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of 

copy 

Convention 

the  Minamata 

Certified 
https://treaties.un.org/doc/Treaties/2013/10/20131010%2011-16%20AM/CTC-XXVII-17.pdf 
The European Union and twenty-one Member States signed the Minamata Convention on 10 October 
2013, Croatia, Cyprus, Latvia and Poland on 24 September 2014 and Malta on 8 October 2014. While 
Estonia and Portugal did not sign the Convention, they have expressed their commitment to ratify it.  
A "new source" means a source the construction or substantial modification of which is commenced at 
least one year after the date of entry into force of the Convention for the Party concerned.      

on  Mercury, 

available 

at: 

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emissions  pending  the  entry  into  force  of  the  Convention.4  In  effect,  the  four  guidance 
documents  have  been  finalised  by  this  expert  group,  published  by  the  UNEP  Secretariat  on 
[XX/XX/XXXX]5 and shall accordingly be submitted for provisional adoption at the Seventh 
session  of  the  Intergovernmental  Negotiating  Committee  (INC.7)  to  take  place  on  10-15 
March 2016 in Jordan, bearing in mind that they are not expected to be modified in substance 
between  this  provisional  adoption  and  their  formal  and  final  adoption  by  the  Conference  of 
the Parties to the Convention (CoP).  

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

The group of technical experts met four times between February 2014 and September 2015. 
Following a public consultation by UNEP on the draft guidance documents that took place in 
summer 2015, the group finalised the draft documents shortly after its fourth meeting held on 
10-15 September 2015 in Stockholm. 

While the EU is working towards the transposition into Union law and the ratification of the 
Convention, the obligations resulting from the above-mentioned Article 8, paragraphs 4, 5 and 
7,  as  complemented  by  the  Article  8  guidance,  are  already  established  in  several  EU 
instruments.  In  particular,  Directive  2010/75/EU  on  Industrial  Emissions  (IED)6  requires 
operators of installations covered by Article 8 of the Convention to take appropriate measures 
to prevent pollution caused for instance by mercury emissions, and, for that purpose, to make 
use  of  BAT.  Regarding  the  obligation  to  set  up  and  maintain  a  mercury  emission  inventory 
and  the  relevant  methodology  explained  in  the  proposed  guidance,  Regulation  (EC)  No 
166/2006 on a European Pollutant Release and Transfer Register (E-PRTR)7 establishes such 
an inventory.  

Therefore, the provisional adoption of the guidance documents, followed by formal adoption 
by the CoP, would not cause any additional environmental or socio-economic impacts in the 
EU.  It  would  however  encourage  third  countries  to  reduce  emissions  of  mercury  to  air  that 
cause  transboundary  pollution  in  the  EU  and  contribute  to  contaminating  the  global  food 
chain. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

Considering  that  EU  legislation  is  in  line  with  the  four  proposed  guidance  documents,  the 
position to be taken by the EU at INC.7 should be to support them so as to ensure that they are 
provisionally adopted, with a view to promoting their implementation as soon as possible and 
to enabling their formal and final adoption by the CoP at its first meeting. 

4. 

BUDGETARY IMPLICATION 

The proposed decision does not have budgetary implications for the Union. 

4 
5 

6 

7 

UNEP(DTIE)/Hg/CONF/4, Resolution 1, paragraph 10 
The text of the four guidance, as finalised by the group of technical experts mandated by the Conference 
of Plenipotentiaries and published by the UNEP Secretariat on [XX/XX/XXXX) are available at […].    
Directive  2010/75/EU  of  the  European  Parliament  and  of  the  Council  of  24  November  2010  on 
Industrial Emissions, OJ L 334, 17.12.2010, p. 17. 
Regulation  (EC)  No  166/2006  of  the  European  Parliament  and  of  the  Council  of  18  January  2006 
concerning  the  establishment  of  a  European  Pollutant  Release  and  Transfer  Register  and  amending 
Council Directives 91/689/EEC and 96/61/EC, OJ L 33, 4.2.2006, p. 1.  

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2016/0008 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be adopted, on behalf of the European Union, at the Seventh Session of 
the Intergovernmental Negotiating Committee on mercury and at the first meeting of 
the Conference of the Parties of the Minamata Convention on Mercury with regard to 
the provisional and subsequent final adoption of guidance referred to in its Article 8, 
paragraphs 8 and 9.  

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 192(1) in conjunction with Article 218(9) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

The  Union  is  a  signatory  to  the  Minamata  Convention  on  Mercury8  (hereinafter 
referred to as "the Convention"). 

Article  8,  paragraph  4,  of  the  Convention  requires  Parties  to  ensure  that  new  point 
sources  falling  within  the  source  categories  listed  in  Annex  D  make  use  of  best 
available techniques and best environmental practices to control and, where feasible, 
reduce emissions of mercury and mercury compounds to the atmosphere. 

Article 8, paragraph 5, of the Convention provides that Parties shall control and, where 
feasible,  reduce  air  emissions  of  mercury  and  mercury  compounds  from  the  existing 
point sources falling within the source categories listed in Annex D by implementing 
one or more of the following measures: the use of best available techniques and best 
environmental practices and/or the establishment of quantified goals and/or emission 
limit values and/or a multi-pollutant control strategy and/or alternative measures.  

Article 8, paragraph 7, of the Convention calls for Parties to establish and maintain an 
inventory of emissions of mercury and mercury compound to the atmosphere.  

Article 8, paragraph 8, of the Convention stipulates that the Conference of the Parties 
to  the  Convention,  at  its  first  meeting,  shall  adopt  guidance  on  best  available 
techniques  and  best  environmental  practices,  taking  into  account  any  difference 
between  new  and  existing  sources  and  the  need  to  minimize  cross-media  effects,  as 
well  as  guidance  aimed  at  supporting  parties  to  implement  their  obligations  under 
Article  8,  paragraph  5,  in  particular  in  determining  goals  and  setting  emission  limit 
values.  

(6) 

Article 8, paragraph 9, of the Convention foresees the adoption by the Conference of 
the  Parties  to  the  Convention,  as  soon  as  practicable,  of  guidance  on  criteria  that 

8 

EN 

Certified 
https://treaties.un.org/doc/Treaties/2013/10/20131010%2011-16%20AM/CTC-XXVII-17.pdf 

the  Minamata 

on  Mercury 

Convention 

copy 

of 

available 

4 

at: 

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Parties  may  develop  pursuant  to  Article  8,  paragraph  2,  letter  (b),  when  choosing  to 
apply control measures on emissions of mercury and mercury compounds to air only 
to the point sources falling within a given source category listed in Annex D, provided 
that at least 75 per cent of the emissions of the concerned source category are covered, 
and  of  guidance  on  the  methodology  to  be  used  for  preparing  inventory  of  air 
emissions of mercury and mercury compounds. 

Article 8, paragraph 10, second sentence, of the Convention specifies that Parties shall 
take  the  guidance  into  account  in  implementing  the  relevant  provisions  of  Article  8. 
Such guidance will therefore have legal effects. 

The  text  of  the  proposed  four  guidance  documents  was  developed  by  the  group  of 
technical experts established and mandated by the Conference of Plenipotentiaries on 
the  Convention  in  accordance  with  the  Final  Act  of  this  Conference  and  formally 
published  by 
the  United  Nations  Environment  Programme  Secretariat  on 
[XX/XX/XXXX]. 

The Intergovernmental Negotiating Committee of the Convention should provisionally 
adopt the proposed four guidance documents at its seventh session to be held on 10-15 
March 2016 in Jordan so as to promote their implementation as soon as possible and to 
enable the Conference of the Parties of the Convention to formally adopt them at its 
first meeting.  

(7) 

(8) 

(9) 

(10)  Union legislation, including Directive 2010/75/EU of the European Parliament and of 
the Council of 24 November 2010 on Industrial Emissions9 and Regulation (EC) No 
166/2006  of  the  European  Parliament  and  of  the  Council  of  18  January  2006 
concerning  the  establishment  of  a  European  Pollutant  Release  and  Transfer  Register 
and  amending  Council  Directives  91/689/EEC  and  96/61/EC10  complies  with  the 
provisions of Article 8 of the Convention, as complemented by the proposed guidance. 

(11)  The proposed guidance should therefore be supported. 

HAS ADOPTED THIS DECISION:  

Article 1 

The  European  Union  shall  support  at  the  seventh  session  of  the  Intergovernmental 
Negotiating  Committee  on  mercury  the  provisional  adoption  of  the  guidance  referred  to  in 
Article 8, paragraphs 8 and 9, of the Minamata Convention on Mercury, as  finalised  by  the 
group of technical experts mandated for that purpose by the Conference of Plenipotentiaries 
on  the  Convention  and  as  published  by  the  UNEP  Secretariat  on  XX/XX/XXXX]  so  as  to 
promote their implementation as soon as possible and to enable the Conference of the Parties 
of  the  Convention  to  finally  adopt  them  at  its  first  meeting.  The  European  Union  shall  also 
support such subsequent final adoption.  

Minor  changes  consistent  with  the  Union  acquis  to  the  guidance  may  be  agreed  to  by  the 
representatives of the Union without further decision of the Council.  

The  Decision(s)  of  the  Conference  of  the  Parties  of  the  Minamata  Convention  on  Mercury 
adopting the guidance shall be published in the Official Journal of the European Union.  

Article 2 

Article 3 

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10 

OJ L 334, 17.12.2010, p. 17. 
Regulation (EC) No 166/2006 European Pollutant Release and Transfer Register and amending Council 
Directives 91/689/EEC and 96/61/EC, OJ L 33, 4.2.2006, p. 1.  

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This Decision shall enter into force on the day of its adoption. 

Done at Brussels, 

For the Council 
The President 

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