Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union at the fourth meeting of the Conference of the Parties to the Minamata Convention on Mercury as regards the adoption of decisions amending Annexes A and B to that Convention on mercury-added products and manufacturing processes in which mercury or mercury compounds are used, in accordance with Article 4, paragraph 8 and Article 5, paragraph 10 of that Convention
Date: 2021-02-17
Institutions: Directorate-General for Environment, European Commission
Subjects: environmental protection, international convention, mercury, metal pollution, prevention of pollution, public health, revision of an agreement

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   EUROPEAN COMMISSION  Brussels, 17.2.2021  COM(2021) 63 final 2021/0033 (NLE)  Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union at the fourth meeting of the Conference of the Parties to the Minamata Convention on Mercury as regards the adoption of decisions amending Annexes A and B to that Convention on mercury-added products and manufacturing processes in which mercury or mercury compounds are used, in accordance with Article 4, paragraph 8 and Article 5, paragraph 10 of that Convention  
 
EXPLANATORY MEMORANDUM 

1. 

SUBJECT MATTER OF THE PROPOSAL 

This  proposal  concerns  the  decision  establishing  the  position  to  be  taken,  on  the  Union's 
behalf, at the fourth meeting of the Conference of the Parties to the Minamata Convention on 
Mercury ('the Agreement’) regarding the envisaged adoption of Decisions amending Annexes 
A and B to that Convention. These annexes establish lists of mercury-added products and of 
manufacturing processes using mercury or mercury compounds (‘mercury processes’), subject 
either to phase-out dates or to provisions regulating mercury use1.    

2. 

CONTEXT OF THE PROPOSAL 

2.1. 

The Minamata Convention on Mercury (‘the Agreement’) 

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

It entered into force on 16 August 2017. 
The  European  Union  (‘the  Union’)  is  a  party  to  the  Agreement2,  as  well  as  most  Member 
States3. 

Pursuant  to  Article  4,  paragraph  1  of  the  Agreement,  the  mercury-added  products  listed  in 
Part  I  to  Annex  A  (e.g.  certain  compact  fluorescent  lamps)  can  no  longer  be  manufactured, 
imported and exported after the phase-out dates specified therein. 

In accordance with Article 4, paragraph 3, Parties shall take measures to regulate mercury use 
in respect of the mercury-added products listed in Part II to Annex A. 

In accordance with Article 5, paragraph, 2, the mercury processes listed in Part I of Annex B 
(e.g. chlor-alkali production) must cease using mercury or mercury compounds by the phase-
out dates set therein. 

By virtue of Article 5, paragraph, 3, Parties shall take measures to regulate mercury use in the 
mercury processes listed in Part II of Annex B, including in terms of conversion to mercury-
free processes, when economically and technically feasible.    

Pursuant to Articles 4, paragraphs 4, 7, 8, and 5, paragraphs 5, 9, 10, Annexes A and B shall 
be reviewed by 16 August 2022, taking into account the Parties’ amendment proposals4 and 
information  transmitted  on  mercury-added  products  and  available  technical  and  economic 
mercury-free  alternatives,  while  considering  the  environmental  and  human  health  risks  and 
benefits.       

1 

2 

3 

4 

For the purpose of this document, the expression ‘regulating mercury use’ covers generically requirements 
such as those established in Parts II of Annexes A and B to the Minamata Convention on Mercury.     
Council Decision (EU) 2017/939 of 11 May 2017 on the conclusion on behalf of the European Union of the 
Minamata Convention on Mercury (OJ L 142, 2.6.2017, p. 4).  
On 16 November 2020, twenty-four Member States had ratified the Minamata Convention on Mercury, i.e. 
Austria,  Belgium,  Bulgaria,  Croatia,  Cyprus,  Czech  Republic,  Denmark,  Estonia,  Finland,  France, 
Germany,  Greece,  Hungary,  Ireland,  Latvia,  Lithuania,  Luxembourg,  Malta,  Netherlands,  Portugal, 
Romania, Slovakia, Slovenia and Sweden. 
For the purpose of this document, ‘Parties’ means Parties to the Convention on Mercury.  

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Articles 26 and 27 set the basic rules regarding i.a. the submission by the Parties of proposals 
for amending the Annexes to the Agreement, as well as for the adoption and entry into force 
of the amended Annexes. Proposals for amending the Annexes must be communicated to all 
Parties by the Secretariat of the Agreement at least six months before the Conference of the 
Parties to the Agreement (‘COP’) at which it is proposed for adoption, i.e. in this case at the 
latest on 1 May 2021. Proposed amended Annexes are adopted in accordance with the voting 
rules set in Article 26, paragraph 3, and in Decision MC-1/1 on Rules of Procedures adopted 
by the COP at its first meeting (24-29 September 2017)5.  

The amendment to an Annex enters into force for all Parties one year after the Depository of 
the  Agreement  communicates  its  adoption,  except  for  those  Parties  having  made  a  relevant 
declaration in accordance with Article 30, paragraph 5. Since the Union has not made such a 
declaration, the general rule on the entry into force of amended or new Annexes applies to it.     

2.2. 

The Conference of the Parties (‘COP’)   

The  COP  performs  the  functions  assigned  to  it  by  the  Agreement.  To  that  end,  it  shall 
consider and undertake inter alia any action that may be required for achieving the objectives 
of the Agreement, including the adoption of relevant guidelines. 

According to Article 28 of the Agreement and the above-mentioned Decision MC-1/1, each 
Party  has  one  vote.  However,  the  Union,  as  a  regional  economic  integration  organisation, 
exercises its right to vote, on matters within its competence, with a number of votes equal to 
the  number  of  its  Member  States  that  are  parties  to  the  Agreement.  The  Union  shall  not 
exercise its right to vote if any of its Member States exercises its right to vote, and vice versa. 

The envisaged acts of the Conference of the Parties  

2.3. 
The  COP,  during  its  third  meeting  (25-29  November  2019),  adopted  Decision  MC-3/16 
establishing  an  ad  hoc  group  of  technical  experts  to  proceed  with  discussions  on  mercury-
added  products  and  mercury  processes  during  the  intersessional  period  leading  to  its  fourth 
meeting  (‘COP4’).  The  mandate  of  this  group  called  in  particular  for  improving  and 
organising the information submitted by the Parties in accordance with Article 4, paragraphs 4 
and 7, and Article 5, paragraphs 4 and 9, of the Agreement, on the availibility, technical and 
economic feasibility, environmental and health risks and benefits of mercury-free alternatives 
to such products and processes. 

In light of the outcome of the expert work, COP4 is expected to adopt one or more decisions 
on this matter (the envisaged acts). 

The  envisaged  acts  will  amend  Annex  A  to  the  Agreement  by  complementing  it  with 
additional mercury-added products for which economically and technically feasible mercury-
free alternatives  benefitting human health and the environment  are available and which will 
be subject to a manufacturing, import and export prohibition at specified phase-out dates or to 
measures regulating mercury use. 

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Decision  MC-1/1 
http://www.mercuryconvention.org/Meetings/COP1/Decisions/tabid/8648/language/en-US/Default.aspx 
Decision  MC-3/1  Review  of  annexes  A  and  B,  UNEP/MC/COP3/Dec.  1,  available  at: 
http://www.mercuryconvention.org/Meetings/COP3/Decisions/tabid/8654/language/en-US/Default.aspx 

UNEP/MC/COP1/Dec. 

procedure, 

available 

Rules 

at: 

of 

1, 

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The envisaged acts will also amend Annex B to the Agreement by complementing its Part I 
with  mercury  processes  for  which  economically  and  technically  feasible  mercury-free 
alternatives  benefitting  human  health  and  the  environment  are  available  and  which  will 
therefore cease to use mercury by a specified phase-out date.  

The  envisaged  acts  will  amend  Part  II  of  Annex  B  to  the  Agreement  by  strenghtening  its 
provisions regulating mercury use for vinyl chloride monomer (VCM), sodium and potassium 
methylate  or  ethylate  (alcoholates)  and  polyurethane  production  and/or  by  adding  other 
mercury processes with associated mercury use requirements.    

3. 

POSITION TO BE TAKEN ON THE UNION'S BEHALF 

The objective of the Union is to phase-out mercury use at Union and global level, as rapidly 
and  as  completely  as  possible,  where  viable  alternatives  exist.7  The  achievement  of  this 
objective requires notably the phasing-out of mercury-added products and the conversion of 
mercury processes to non-mercury processes, when viable, technically feasible and beneficial 
to human health and the environment. 

Progress at global level towards this objective would contribute to the Zero Pollution ambition 
for a toxic-free environment set-out in the European Green Deal8. It would also contribute to 
implementing  the  2020  EU  Chemical  Strategy  for  Sustainability9  in  which  the  European 
Commission  has  committed  to  maintain  a  leading  role  at  international  level  concerning  the 
sound management of chemicals, including by promoting EU standards globally. 

Review of Annex A to the Agreement setting the list of mercury-added products subject to a 
manufacturing, import and export ban or to requirements on mercury use.  

The position to be taken on the Union’s behalf is based upon the following elements:  

Annex  II  to  Regulation  (EU)  2017/852  on  Mercury  (‘Mercury  Regulation’)10,  which  has 
transposed  Annex  A  (Part  I)  to  the  Agreement,  has  a  broader  scope  of  application  than  the 
Agreement, as it covers more mercury-added products (e.g. button cell batteries).  

The  Union  submission  (March  2020),  transmitted  in  accordance  with  Decision  MC-3/111, 
identifies  a  number  of  other  mercury-added  products  for  which  feasible  and  beneficial 
mercury-free alternatives are available, including products which are already prohibited from 
being  placed  on  the  internal  market  and  imported12/13,  e.g.  in  accordance  with  Directive 

7 
8 
9 

See Council Conclusions 'Review of the Community Strategy concerning Mercury', 14 March 2011 
Communication from the Commission of 11.12.219, The European Green Deal, COM(2019) 640 final.   
Communication  of  the  Commission  ‘Chemicals  Strategy  for  Sustainability  Towards  a  Toxic-Free 
Environment’ (COM(2020) 667 final, of 14.10.2020. 

10  Regulation (EU) 2017/852 of the European Parliament and of the Council of 17 May 2017 on Mercury and 

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repealing Regulation (EC) No 1102/2008 (OJ L 137, 24.05.2017, p. 1).  
Submission  from  the  EU  on  mercury-added  products  and  manufacturing  processes  using  mercury  or 
mercury 
at:  
http://www.mercuryconvention.org/Portals/11/documents/meetings/COP4/submissions/EU_AnnexAB.pdf 
The notion of ‘placing on the internal market’ includes ‘import’ under EU legislation regulating the placing 
on the market of mercury-added products.    

compounds 

available 

(March 

2020), 

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2011/65/EU (‘RoHS’)14 and Regulation (EC) No 1907/2006 (‘REACH’)15, but which are not 
yet subject to a manufacturing and export prohibition.  

Accordingly, the review at global level of Annex A provides several opportunities to enhance 
the level playing field worldwide and to reduce further mercury use and associated pollution:  

(1) 

(2) 

To  narrow  the  gap  between  the  existing,  more  advanced  Union  law  and  the 
Agreement by adding, to Part I of its Annex A, products already listed in Annex II to 
the Union Mercury Regulation.  

To add in Part I of Annex A to the Agreement products that are not yet subject to a 
ban  on  manufacturing  and  export  under  the  Union  Mercury  Regulation  but  are 
nonetheless either no longer allowed to be placed on the Union market or subject to 
on-going  legislative  developments  aimed  at  setting  a  similar  ban  at  Union  level. 
Should  Parties  choose  to  add  one  or  more  products  in  Part  II  of  Annex  A  to  the 
Agreement, i.e. with no specified dates for their phase-out, the Union would still see 
such policy option as an opportunity to narrow the gap between the Agreement and 
Union  law,  provided  that  clear  mercury-regulating  measures  are  set  for  such 
products.          

Should  such  additions  be  agreed  upon  by  Parties  at  COP4  and  supported  by  the  Union,  the 
Commission would, in line with Article 20 of the Mercury Regulation, adopt a Delegated Act 
aimed to align Annex II to the Regulation with the amended Annex A to the Agreement.   

Hence, the position to be taken on the Union’s behalf at COP4 shall consist in supporting the 
adoption  of  acts  aimed  to  extend  the  scope  of  application  of  Annex  A  to  the  Agreement  to 
mercury-added  products  that  are  already  prohibited  from  being  manufactured  and  traded  in 
accordance with Annex II to the Union Mercury Regulation, or are already banned from being 
placed  on  the  Union  market,  or  are  subject  to  on-going  legislative  developments  aimed  at 
setting a similar ban at  Union level,  and that can be replaced with mercury-free alternatives 
proven  to  be  economically  and  technically  feasible  as  well  as  beneficial  from  an 
environmental and human health perspective.  

Review  of  Annex  B  to  the  Agreement  setting  the  list  of  mercury  processes  subject  to  a 
‘phase-out’ date or to requirements on mercury use.  

The position to be taken on the Union’s behalf is based upon the following elements:  

13  The  full  list  of  relevant  EU  law  is  available  in  the  Commission  Staff  Working  Document  Impact 
Assessment  ‘Ratification  and  Implementation  by  the  EU  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’ (SWD/2016/017 final, of 2.2.2016).  

14  Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of 
the  use  of  certain  hazardous  substances  in  electrical  and  electronic  equipment  (OJ  L  174,  01.07.2011,  p. 
88).   

15  Regulation  No  1907/2006  of  the  European  Parliament  and  of  the  Council  of  18  December  2006  on  the 
Registration,  Evaluation,  Authorisation  and  Restriction  of  Chemicals  (REACH),  establishing  a  European 
Chemicals  Agency, amending Directive 1999/45/EC and repealing Council  Regulation (EEC) No 793/93 
and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission 
Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396 of 30.12.2006, p. 1). 

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Union  law,  in  particular  Article  7,  paragraphs  1  and  3,  and  Annex  III  to  the  Mercury 
Regulation has transposed Article 5, paragraphs 2 and 3, and Annex B, to the Agreement, in a 
stricter manner.  

Firstly, whilst Annex B to the Agreement covers five specific mercury processes (production 
of chlor-alkali, acetaldehyde, VCM, alcoholates and polyurethane), Annex III to the Mercury 
Regulation contains a catch-all provision prohibiting, at specified phase-out dates, the use of 
mercury or mercury compounds in all manufacturing processes in the Union, i.e. when used 
as a catalyst (1 January 2018) or as an electrode (1 January 2022). The scope of application of 
this prohibition is thus open-ended under Union law. 

Secondly,  although  Annex  III  to  the  Mercury  Regulation  sets  several  derogating  phase-out 
dates  for  VCM,  alcoholates  and  polyurethane  production,  those  provisions  are  stricter  in 
comparison  with  Annex  B  to  the  Agreement:  indeed,  the  Mercury  Regulation  prohibits 
mercury  use  as  electrode  for  chlor-alkali  production  since  11  December  2017,  whereas  the 
Agreement  sets  2025  as  a  phase-out  date.  Furthermore,  whereas  the  Mercury  Regulation 
prohibits mercury use as catalyst for polyurethane production since 1 Janvier 2018, for VCM 
production  as  from  1  January  2022  and  as  electrode  for  alcoholate  production  as  from  1 
January  2028,  the  Agreement  sets  only  a  restriction  on  mercury  use  and  specifies  that  the 
Parties  either  ‘aim  at’  phasing-out  this  use  by  16  August  2027  (polyurethane)  or  phase-out 
such use five years after the COP has determined that mercury-free alternatives have become 
technically  and  economically  feasible  (VCM  and  alcoholates).  The  Mercury  Regulation 
specifies  that  existing  production  capacities  of  alcoholates  with  mercury  used  as  electrodes 
must not increase before the phase-out date (1 January 2028), whilst the Agreement foresees 
neither  such  a  stand-still  obligation  for  any  of  the  three  mercury  processes  (VCM, 
polyurethane and alcoholates) nor a binding phase-out date.  

Alike  the  review  of  Annex  A  to  the  Agreement,  the  review  of  Annex  B  provides  several 
opportunities  to  enhance the level playing field  world-wide  and reduce the industrial use of 
mercury:  

(1) 

(2) 

(3) 

To narrow the gap between existing, more advanced Union law and the Agreement 
by adding, to Annex B to the Agreement, phase-out dates for VCM, alcoholates and 
polyurethane  production  using  mercury,  in  consistency  with  the  Union  acquis  and 
considering  existing  available  technically  and  economically  feasible  mercury-free 
alternatives  processes,  as  reported  in  the  March  2020  Union  submission  under 
Decision MC-3/1. 

To  introduce,  in  Annex  B  to  the  Agreement,  a  catch-all  provision  covering  all 
existing mercury processes together with phase-out dates. 

To introduce, in Annex B to the Agreement, a provision prohibiting any increase in 
production  capacities  of  mercury  processes  by  the  phase-out  dates  to  be  set  by  the 
Parties.  

Hence, the position to be taken on the Union’s behalf at COP4 shall consist in supporting the 
adoption  of  acts  aimed  to  introduce  a  phase-out  date  for  all  mercury  processes  and  to 
strenghten provisions regulating mercury use by adding, in particular, the duty not to increase 
production capacities by the relevant phase-out date.        

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4. 

LEGAL BASIS 

4.1. 

Procedural legal basis 

4.1.1.  Principles 

Article  218(9)  of  the  Treaty  on  the  Functioning  of  the  European  Union  (TFEU)  regulates 
decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by 
an  agreement,  when  that  body  is  called  upon  to  adopt  acts  having  legal  effects,  with  the 
exception of acts supplementing or amending the institutional framework of the agreement.’ 

The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the 
rules of international law governing the body in question. It also includes instruments that do 
not  have  a  binding  effect  under  international  law,  but  that  are  ‘capable  of  decisively 
influencing the content of the legislation adopted by the EU legislature’16. 

4.1.2.  Application to the present case 

The COP is a body set up by an agreement, namely the Minamata Convention on Mercury. 

The acts which the COP is called upon to adopt constitute act having legal effects, because the 
Parties  to  the  Agreement  would  have  to  take  measures  to  ensure  that  they  are  implemented 
and complied with. 

The  envisaged  acts  do  not  supplement  or  amend  the  institutional  framework  of  the 
Agreement. 

Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU. 

4.2. 

Substantive legal basis 

4.2.1.  Principles 

The  substantive  legal  basis  for  a  decision  under  Article  218(9)  TFEU  depends  primarily  on 
the objective and content of the envisaged act in respect of which a position is taken on the 
Union's behalf.  If the  envisaged act  pursues two  aims or has two components  and if one of 
those  aims  or  components  is  identifiable  as  the  main  one,  whereas  the  other  is  merely 
incidental, the decision under Article 218(9) TFEU must be founded on a single substantive 
legal basis, namely that required by the main or predominant aim or component. 

4.2.2.  Application to the present case 

The  main  objective  and  content  of  the  envisaged  acts  relate  to  the  protection  of  the 
environment and human health. 

Thus, the substantive legal basis of the proposed decision is Article 192(1) TFEU. 

4.3. 

Conclusion 

The legal basis of the proposed decision should be Article 192(1) TFEU, in conjunction with 
Article 218(9) TFEU. 

16 

Judgment  of 
ECLI:EU:C:2014:2258, paragraphs 61 to 64.  

the  Court  of  Justice  of  7  October  2014,  Germany  v  Council,  C-399/12, 

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2021/0033 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken on behalf of the European Union at the fourth meeting of the 
Conference of the Parties to the Minamata Convention on Mercury as regards the 
adoption of decisions amending Annexes A and B to that Convention on mercury-added 
products and manufacturing processes in which mercury or mercury compounds are 
used, in accordance with Article 4, paragraph 8 and Article 5, paragraph 10 of that 
Convention 

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) 

The  Minamata  Convention  on  Mercury17  (‘the  Agreement’)  was  concluded  by  the 
Union  by  Council  Decision  (EU)  2017/93918  and  entered  into  force  on  16  August 
2017.  

Pursuant to  Decision MC-1/1  on Rules of Procedures, adopted by the Conference of 
the Parties to the Agreement at its first meeting, the Parties shall make every effort to 
reach agreement on all matters of substance by consensus. 

The  Conference  of  the  Parties  to  the  Agreement,  during  its  fourth  meeting  on  1-5 
November  2021,  is  expected  to  adopt  one  or  more  decisions  (‘the  proposed 
Decisions’) amending Annex A to the Agreement containing the list of mercury-added 
products that are subject either to a manufacturing, import and export prohibition at a 
specified  date  or  to  mercury-regulating  measures,  and/or  Annex  B  to  the  Agreement 
containing  a  list  of  manufacturing  processes  using  mercury  or  mercury  compounds 
(‘mercury processes’) subject to an obligation to cease mercury use at a specific date 
or to mercury-regulating requirements.  

(4) 

The  proposed  Decisions  would  extend  the  scope  of  application  of  Annex  A  to  the 
Agreement  to  further  mercury-added  products  with  associated  phase-out  dates  or 
mercury-regulating measures.  

(5)   Annex II to Regulation (EU) 2017/85219 transposing Annex A to the Agreement into 
Union  law  already  covers  more  mercury-added  products  and  other  mercury-added 

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copy 

Certified 
https://treaties.un.org/doc/Treaties/2013/10/20131010%2011-16%20AM/CTC-XXVII-17.pdf 
Council Decision (EU) 2017/939 of 11 May 2017 on the conclusion on behalf of the European Union of 
the Minamata Convention on Mercury (OJ L 142, 2.6.2017, p. 4).  

the  Minamata 

on  Mercury 

Convention 

available 

at: 

19  Regulation (EU) 2017/852 of the European Parliament and of the Council of 17 May 2017 on Mercury and 

repealing Regulation (EC) No 1102/2008 (OJ L 137, 24.05.2017, p. 1). 

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products are subject either to a prohibition on the placing on the internal market under 
Union  legislation  or  to  on-going  legislative  developments  at  Union  level  aiming  at 
such a prohibition.   

(6) 

The  proposed  Decisions  would  broaden  the  scope  of  application  of  Annex  B  to  the 
Agreement by introducing phase-out dates for the mercury processes it covers, and/or 
by  adding  further  mercury  processes  combined  with  phase-out  dates  and/or  by 
strenghtening its mercury-regulating requirements for the concerned processes. 

(7)   Annex  III  to  Regulation  (EU)  2017/852  transposing  Annex  B  to  the  Agreement  into 
Union  law  covers  more  mercury  processes  and  sets  phase-out  dates  for  all  the 
concerned processes.   

(8) 

(9) 

It  is  appropriate  to  establish  the  position  to  be  taken  on  the  Union's  behalf  in  the 
Conference  of  the  Parties  to  the  Agreement,  as  the  proposed  Decisions,  if  approved, 
will have legal effects since the Parties to the Agreement will have to take measures to 
implement them at national and/or regional levels.  

The  Union  contributed  significantly  to  develop  provisions  of  the  Agreement  on 
mercury-added products and mercury processes and to the intersessional expert work 
launched  by  Decision  MC-3/120  adopted  by  the  Conference  of  the  Parties  to  the 
Agreement at its third meeting and that has led to the proposed Decisions; 

(10)  The Union should support the adoption of Decisions by the Conference of the Parties 
to the Agreement that allow narrowing the gap between Union law and the Agreement 
and are aimed to extend the scope of application of the Agreement to mercury-added 
products  that  are  already  prohibited  from  being  placed  the  Union  market,  or  are 
subject  to  on-going legislative developments  aimed at  setting  a similar ban at  Union 
level,  in  consistency  with  the  Union  objective  to  phase-out  the  use  of  mercury  and 
mercury compounds whenever feasible; 

(11)  The  Union  should  also  support  the  adoption  of  Decisions  by  the  Conference  of  the 
Parties  to  the  Agreement  that  allow  narrowing  the  gap  between  Union  law  and  the 
Agreement  by  ensuring  that  mercury  processes  already  addressed  under  Regulation 
(EU)  2017/852  are  made  subject  to  phase-out  by  specified  dates  or  to  stricter 
requirements regulating mercury use.  

HAS ADOPTED THIS DECISION: 

Article 1 

The position to be taken on the Union's behalf in the fourth meeting of the Conference of the 
Parties to the Agreement shall be to support (i) the adoption of Decisions amending Annexes 
A and B to the Agreement that would narrow the gap between Union law and the Agreement 
and  (ii)  the  adoption  of  Decisions  amending  Annex  A  applying  a  global  manufacture  and 
trade prohibition on mercury-added products that are already or shall soon be prohibited from 
being placed on the Union market and by setting phase-out dates or stricter requirements for 
mercury processes.    

20  Decision  MC-3/1  Review  of  annexes  A  and  B,  UNEP/MC/COP3/Dec.  1,  available  at: 
http://www.mercuryconvention.org/Meetings/COP3/Decisions/tabid/8654/language/en-US/Default.aspx£ 

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Article 2 

Refinement  of  the  position  referred  to  in  Article  1  may  be  agreed  to,  in  the  light  of 
developments at the fourth meeting of the Conference of the Parties to the Agreement, by the 
representatives  of  the  Union,  in  consultation  with  Member  States  during  on-the-spot 
coordination meetings, without a further decision of the Council. 

Article 3 

This Decision is addressed to the Commission. 

Done at Brussels, 

 For the Council 
The President 

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9 

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