COMMISSION STAFF WORKING DOCUMENT EXECUTIVE SUMMARY OF THE IMPACT ASSESSMENT Ratification and Implementation of the Minamata Convention on Mercury Accompanying the document proposal for a Regulation of the European Parliament and of the Council on mercury, and repealing Regulation (EC) No 1102/2008
Date: 2016-02-02
Institutions: Directorate-General for Environment, European Commission
Subjects: EU production, dental medicine, environmental protection, export restriction, import restriction, international convention, mercury, metal pollution, mining of ore, underground storage of waste

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   EUROPEAN COMMISSION  Brussels, 2.2.2016  SWD(2016) 14 final   COMMISSION STAFF WORKING DOCUMENT  EXECUTIVE SUMMARY OF THE IMPACT ASSESSMENT  Ratification and Implementation of the Minamata Convention on Mercury Accompanying the document proposal for a Regulation of the European Parliament and of the Council on mercury, and repealing Regulation (EC) No 1102/2008 {COM(2016) 39 final} {SWD(2016) 17 final} {SWD(2016) 18 final}  
 
 
Impact Assessment on the Ratification and Implementation by the EU of the Minamata Convention on Mercur 

Executive Summary Sheet 

A. Need for action 

Why? What is the problem being addressed? Maximum 11 lines 
Exposure to mercury, mainly through eating of contaminated fish, can cause harm to the brain, lungs, kidneys 
and immune system. The EU has already taken action to tackle the problem by reducing mercury emissions and 
use  domestically.  However,  the  global  character  of  the  mercury  problem  means  that  the  EU  cannot  provide 
sufficient  protection  to  its  citizens  on  its  own,  as  exposure  to  mercury  is  due,  to  a  great  extent,  to  emissions 
originating  in  other  parts  of  the  world.  Hence,  the  EU  actively  supported  the  international  negotiations  for  a 
global  treaty  on  mercury  and  signed  the  Minamata  Convention  on  Mercury.  As  long  as  the  Minamata 
Convention is not ratified by at least 50 parties, it does not enter into force and therefore the above problem is 
not being tackled at a global scale. Six areas have been identified where EU legislation is currently not adapted 
to  the  Minamata  Convention,  which  concern  (1)  import  of  metallic  mercury,  (2)  exports  of  mercury-added 
products (3) existing use of mercury in industrial processes, (4) new mercury uses in products and processes (5) 
artisanal small gold mining and (6) use of dental amalgam. 

What is this initiative expected to achieve? Maximum 8 lines 

International action tackling the mercury problem would complement existing EU action and would enable a 
significant reduction of mercury pollution at the EU and global levels and its transboundary transport into the EU. 
In the medium to long term, this would reduce mercury contamination of the food chain. 

What is the value added of action at the EU level? Maximum 7 lines 

The transboundary character of mercury pollution requires action at a global level. Ratification by the EU and its 
Member States is needed for the Convention to enter into force and have global support. Additionally certain 
aspects (e.g. trade of mercury containing products) regulated by the Minamata Convention are either exclusive 
EU competence or would affect the acquis and can therefore only be addressed at EU level. Furthermore, while 
all Member States are committed to ratifying the Minamata Convention, they could only do so after transposition 
and ratification of the Convention by the EU. 

What legislative and non-legislative policy options have been considered? Is there a preferred choice or 
not? Why? Maximum 14 lines 

B. Solutions 

Transposition of international law can only be achieved through the legislative route. Given the vast EU acquis 
on  mercury,  and  as  the  Minamata  Convention  is  largely  modelled  after  EU  law,  ratification  by  the  EU 
necessitates  only  limited  legislative  interventions.  The  options  are  designed  in  a  way  to  tackle  the  six  areas 
where legislative gaps exist. In general they either foresee the minimum changes required for the ratification of 
the Minamata Convention or go beyond that and apply a stricter approach. The preferred option combines trade 
restrictions on mercury and mercury-added products, a prohibition on placing on the market of new products and 
industrial  processes  using  mercury,  restrictions  in  the  use  of  mercury  in  certain  manufacturing  processes  and 
restricting  conditions  for  using  dental  amalgam.  It  mainly  comprises  measures  corresponding  to  the  minimum 
changes  required  for  ratification  but  includes  slightly  stricter  measures  concerning  new  uses  of  mercury  and 
dental  amalgam.  In  relation  to  dental  amalgam,  which  attracts  most  public  interest,  it  was  concluded  that  the 
prohibition  of  dental  amalgam,  favoured  by  the  public,  is  not  proportionate  in  the  light  of  the  opinions  of  EU's 
scientific committees on health and environmental risks and this option was thus discarded. 

Who supports which option? Maximum 7 lines 

There is broad support for the ratification and implementation of the Minamata Convention. There were 
generally no significant differences in the responses given by individuals and organisations and most of them 
(39-85%) opted for a stricter approach in transposing the Convention. However, a small number of respondents 
(2-12%) preferred a less strict approach. Regarding uses of mercury in industrial processes, a full prohibition is 
vastly supported by individual and NGOs but a third of private sector organisations called for a less strict 
approach. Regarding dental amalgam, a very large majority individuals and NGOs supported a prohibition whilst 
just under half of private sector organisations supported a softer approach. 

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C. Impacts of the preferred option 

What are the benefits of the preferred option (if any, otherwise main ones)? Maximum 12 lines 

The main benefits will come as a consequence of the entry into force and application of the Convention by third 
countries. This will reduce global emissions of mercury and in the longer term contamination of the food chain 
globally  and  at  EU  level.  Furthermore,  the  preferred  options  for  updating  the  acquis  will  cause  a  drastic 
reduction in mercury releases to sludge and water. Job creation is to be expected in companies involved in the 
manufacturing,  installation  and  maintenance  of  amalgam  separators  or  specialised  in  managing  mercury- 
containing waste. 

What are the costs of the preferred option (if any, otherwise main ones)? Maximum 12 lines 

Total cost of the preferred scenario are estimated at 13-135 million EUR/y. The most significant economic 
impacts are expected in the chemicals production sector, where a mercury process is currently applied in two 
German plants for the production of alcoholates used for various catalytic processes. As the scenario leaves 
open whether those two industrial plants will be converted to mercury-free processes in the foreseeable 
future, which depends on the measures that may be taken by Germany or voluntarily by industry. Therefore 
the cost range for this option (3-77 million EUR/y) is large. An additional cost of 10-58 million EUR/y is 
associated to installing and maintaining amalgam separators at dental practices. 

How will businesses, SMEs and micro-enterprises be affected? Maximum 8 lines 

SMEs  and  micro-enterprises  will  not  be  significantly  impacted  by  the  preferred  options,  except  those  dentists 
who are not yet equipped with dental amalgam amalgamators and separators. 
Third countries respecting the Convention will apply similar standards as those currently in force within the EU, 
which will contribute to levelling the global playing field for mercury using and emitting activities. 

Will there be significant impacts on national budgets and administrations? Maximum 4 lines 

EU ratification of the Convention on Mercury would not entail any significant administrative burden or impacts on 
national budgets. It would facilitate ratification by the Member States who are committed to doing so. 

Will there be other significant impacts? Max 6 lines 

Entry into force of the Convention is expected to open markets for the EU eco-industry and to support trade of 
EU products that already comply with low-mercury or mercury-free requirements that integrated in the Minamata 
Convention. 

When will the policy be reviewed? Maximum 4 lines 

D. Follow up 

As  the  global  dimension  would  be  a  major  aspect  of  any  evaluation  of  mercury  policy,  the  EU  will  review  its 
policy in parallel to the Convention's effectiveness evaluation, which is expected to take place in 2023. 

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