Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union at the sixth meeting of the Conference of the Parties to the Minamata Convention on Mercury as regards the adoption of decisions amending that Convention on mercury-added products and manufacturing processes in which mercury or mercury compounds are used
Date: 2025-10-03
Institutions: Directorate-General for Environment, European Commission
Subjects: chemical compound, cosmetics industry, dental medicine, environmental protection, export restriction, international convention, mercury, metal pollution, public health, revision of an agreement

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   EUROPEAN COMMISSION  Brussels, 3.10.2025  COM(2025) 633 final 2025/0320 (NLE)  Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union at the sixth meeting of the Conference of the Parties to the Minamata Convention on Mercury as regards the adoption of decisions amending that Convention on mercury-added products and manufacturing processes in which mercury or mercury compounds are used  
 
EXPLANATORY MEMORANDUM 

1. 

SUBJECT MATTER OF THE PROPOSAL 

This  proposal  concerns  the  decision  establishing  the  position  to  be  taken  on  the  European 
Union’s (‘EU’) behalf, at the sixth meeting of the Conference of the Parties (‘COP6’) to the 
Minamata  Convention  on  Mercury  (‘the  Agreement’)  regarding  the  envisaged  adoption  of 
decisions  on  the  trade  of  mercury  compounds  and  amending  Annexes A  and  B  to  the 
Agreement.  These  Annexes  set  out  a  list  of  mercury-added  products  and  a  list  of 
manufacturing  processes  that  use  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 for protecting human health and the 
environment from anthropogenic emissions and releases of mercury and mercury compounds 
into  the  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 is a Party to the Agreement2. All Member States are also Parties. 

In accordance with Article 3, paragraph 13 of the Agreement requires the Conference of the 
Parties  (‘COP’) to  evaluate whether the trade in  specific mercury compounds comprises the 
objective of the Agreement and to consider whether specific mercury compounds should, by 
their  listing  in  a  new  additional  annex  in  accordance  with  Article 27  of  the  Agreement,  be 
made subject to paragraphs 6 and 8 of Article 3 of the Agreement. 

In accordance with Article 3, paragraph 6 of the Agreement,  “each Party shall not  allow the 
export  of  mercury  except  to  a  Party  that  has  provided  the  exporting  Party  with  its  written 
consent or to a non-Party that has provided the exporting Party with its written consent”. 

Pursuant to Article 3, paragraph 8 of the Agreement, “each Party shall not allow the import of 
mercury from a non-Party to whom it will provide its written consent unless the non-Party has 
provided  certification  that  the  mercury  is  not  from  sources  identified  as  not  allowed  under 
paragraph 3 or 5(b)”. 

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 or 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  no  longer  involve  the  use  of  mercury  or  mercury 
compounds by the phase-out dates set therein. 

Pursuant to 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. 

For the purpose of this document, the expression ‘regulating mercury use’ covers  generic requirements 

1 
such as those established in Parts II of Annexes A and B to the Agreement. 
2 
the Minamata Convention on Mercury (OJ L 142, 2.6.2017, p. 4). 

Council Decision (EU) 2017/939 of 11 May 2017 on the conclusion on behalf of the European Union of 

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Articles 26  and  27  set  the  basic  rules  regarding,  inter  alia,  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 (‘the Secretariat’) at least six 
months before the COP at which it is proposed for adoption. Proposed amended Annexes are 
adopted  in  accordance  with  the  voting  rules  set  out  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)3.  The  Secretariat  has  not  received  any  such  proposal  for 
consideration at COP6. 

However,  the  COP  decided  in  Decision  MC-5/4  to  consider  at  COP6  a  proposal  to  amend 
Parts I and II of Annex A with regard to dental amalgam. The proposed text contained in that 
decision resulted from the consideration by the COP of the original proposal, which had been 
submitted  by  Botswana  and  Burkina  Faso  on  behalf  of  the  Africa  region  and  which  was 
communicated to the Parties on 27 April 2023, six months before COP5. 

Decision  MC-5/6  was  adopted  at  COP5.  This  decision  invited  the  Parties  and  relevant 
organisations  to  voluntarily  submit,  by  31 March 2025,  information  on  technically  and 
economically  feasible  alternatives  to  the  use  of  mercury  and  mercury  compounds  in  vinyl 
chloride  monomer  production,  in  accordance  with  Article 5,  paragraph 8  and  Article 17, 
paragraph 1 of the Agreement.  

An amendment  to  an  Annex  enters  into force for all Parties one year  after the  Agreement’s 
depository  communicates  its  adoption,  except  for  those  Parties  that  have  made  a  relevant 
declaration  in  accordance  with  Article 30,  paragraph 5.  The  Union  has  not  made  such  a 
declaration, so 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. 

2.3. 

Potential decisions at COP6 

COP6 is expected to adopt a decision on the supply and trade of mercury compounds. 

COP6 will also consider adopting a decision related to the trade in mercury compounds. The 
envisaged  act  could  establish an additional  annex to  the Agreement that  would list  mercury 
compounds  that would be made subject  to  written consent  procedures pursuant  to  Article 3, 
paragraphs 6  and  8  of  the  Agreement.  The  list  of  mercury  compounds  that  could  be  listed 
includes: 

3 
(available 
http://www.mercuryconvention.org/Meetings/COP1/Decisions/tabid/8648/language/en-US/Default.aspx). 

procedure,  UNEP/MC/COP1/Dec. 

Decision  MC-1/1, 

Rules 

of 

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at: 

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(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

mercury (I) chloride 

mercury (II) sulphide 

cinnabar 

mercury (II) oxide 

mercury (II) sulphate 

mercury (II) nitrate 

mercury (II) acetate 

mercury (II) chloride 

mercury (II) iodide 

(10) 

mercury (II) amidochloride 

COP6  is  also  expected  to  adopt  one  or  more  decisions  to  amend  Annexes A  and  B  to  the 
Agreement. 

Firstly, COP6 will consider the proposed amendments to Part I of Annex A, with a view to 
adopting  a  decision  thereon,  as  appropriate.  The  amendments  would  remove  the  brackets 
around the entry on dental amalgam as well as the corresponding phase-out date (2030). The 
entry would therefore be subject  either to a manufacturing, import and export prohibition at 
specified phase-out dates or to measures regulating mercury use. COP6 will also consider the 
proposal  to  further  amend  Part II  of  Annex A  by  adding  additional  provisions  on  dental 
amalgam. 

Secondly, COP6 will consider adopting a decision, as appropriate, based on the Secretariat’s 
final report on challenges preventing the manufacture, import and export of cosmetics listed 
in Part I of Annex A as well as on current or proposed measures taken by Parties to address 
those challenges.  

Thirdly,  COP6  will  consider  an  amendment  to  Annex B  to  establish  that  mercury-free 
catalysts based on existing processes have become technically and economically feasible and 
benefit human health and the environment. This would trigger an automatic phase-out date no 
later  than  five  years  after  COP6  (i.e. by  2030)  with  a  view  to  adopting  a  decision,  as 
appropriate.  This  amendment  is  based  on  the  Secretariat’s  report  on  the  technical  and 
economic  feasibility  of  mercury-free  catalysts  in  vinyl  chloride  monomer  (‘VCM’) 
production, which is based on information submitted by Parties and relevant organisations and 
set out in document UNEP/MC/COP.6/INF/9.3.Position to be taken on the Union's behalf 

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  exist4.  The  achievement  of  this 
objective  will  in  particular  require  the  phasing-out  of  mercury-added  products  and  the 
conversion of mercury processes into non-mercury processes when this is viable, technically 
feasible and beneficial to human health and the environment. 

4 

See Council Conclusions of 14 March 2011, ‘Review of the Community Strategy concerning Mercury’. 

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Progress  at  global  level  towards  achieving  this  objective  would  contribute  to  the  Zero 
Pollution ambition for a toxic-free environment that was set out in the European Green Deal5. 
It would also contribute to implementing the 2020 EU Chemical Strategy for Sustainability6 
in  which  the  European  Commission  made  a  commitment  to  maintain  a  leading  role  at  the 
international  level  concerning  the  sound  management  of  chemicals,  including  by  promoting 
EU standards globally. It would also be in line with the EU’s revamped ambitions for clean 
and  circular  competitiveness,  as  enshrined,  inter  alia,  in  the  Clean  Industrial  Deal7  and  the 
Water Resilience Strategy8. 

Supply and trade of mercury compounds 

The  position  to  be  taken  on  the  Union’s  behalf  at  COP6  shall  consist  in  supporting  the 
adoption  of  an  additional  annex  to  the  Agreement,  listing  mercury  compounds  subject  to 
written consent in accordance with Article 3, paragraphs 6 and 8 of the Agreement, where this 
is consistent with the Union acquis (i.e. listing mercury compounds which are already subject 
to an export prohibition under Annex III of the Mercury Regulation).  

The  position  to  be  take  on  the  Union’s  behalf  is  based  on  the  fact  that  the  Mercury 
Regulation9 prohibits the export of certain mercury compounds, in accordance with Annex III 
on  mercury  compounds  subject  to  Article 3,  paragraphs 2  and  3  and  Article 7,  paragraph 3. 
The mercury compounds subject to an export prohibition include: 

•  mercury (I) chloride (Hg2Cl2, CAS RN 10112-91-1) 
•  mercury (II) oxide (HgO, CAS RN 21908-53-2) 
•  cinnabar ore 
•  mercury sulfide (HgS, CAS RN 1344-48-5)  
•  mercury (II) sulphate (HgSO4, CAS RN 7783-35-9) 
•  mercury (II) nitrate (Hg(NO3)2, CAS RN 10045-94-0) 

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

The  Union’s  position  at COP6  shall  consist  in  supporting  the  adoption  of  the  envisaged  act 
which is consistent with the Union acquis or mercury-added products that are already banned 
from  being  placed  on  the  Union  market,  and  that  can  be  replaced  with  mercury-free 
alternatives  that  have  been  proven  to  be  economically  and  technically  feasible  as  well  as 
beneficial from the environmental and human health perspective. 

5 
Communication from the Commission of 11 December 2019 to the European Parliament, the European 
Council,  the  Council,  the  European  Economic  and  Social  Committee  and  the  Committee  of  the  Regions,  The 
European Green Deal, COM(2019) 640 final. 
6 
Communication  of  the  Commission  of  14 October 2020  to  the  European  Parliament,  the  Council,  the 
European  Economic  and  Social  Committee  and  the  Committee  of  the  Regions,  Chemicals  Strategy  for 
Sustainability Towards a Toxic-Free Environment, COM(2020) 667 final. 
7 
Communication  from  the  Commission  of  26 February 2025  to  the  European  Parliament,  the  Council, 
the European Economic and Social Committee and the Committee of the Regions, The Clean Industrial Deal: A 
joint roadmap for competitiveness and decarbonisation, COM(2025) 85 final. 
8 
Communication  from  the  Commission  of  4 June 2025  to  the  European  Parliament,  the  Council,  the 
European  Economic  and  Social  Committee  and  the  Committee  of  the  Regions,  European  Water  Resilience 
Strategy, COM(2025) 280 final. 
9 
and repealing Regulation (EC) No 1102/2008 (OJ L 137, 24.5.2017, p. 1). 

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

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The Union’s position is based on the following two elements.  

Article 10, paragraph 7 of the revised Mercury Regulation prohibits the use and export from 
the EU of dental amalgam. The import and manufacture of dental amalgam is prohibited from 
1 July 2026.  By  way  of  derogation,  the  import  and  manufacturing  of  dental  amalgam  is 
allowed for patients’ specific medical needs. 

Annex  II  of  the  Mercury  Regulation  prohibits  the  export,  import  and  manufacture  of 
cosmetics  with  mercury  and  mercury  compounds,  except  in  those  special  cases  included  in 
entries 16 and 17 of Annex V to the Cosmetics Regulation10. 

Review of Annex B to the Agreement setting out 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 at COP6 shall be to support the adoption of the 
envisaged act to introduce a phase-out date for VCM and to strengthen provisions regulating 
mercury  use  by  adding,  in  particular,  a  duty  not  to  increase  production  capacities  by  the 
relevant phase-out date. 

This position to be taken on the Union’s behalf is based on the following three points.  

Union  law  (particularly  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 
more strictly.  

Annex B to the Agreement covers five specific mercury processes (production of chlor-alkali, 
acetaldehyde, VCM, alcoholates and polyurethane), but Annex III to the Mercury Regulation 
contains a catch-all provision that prohibits, 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 therefore open-ended under Union law. 

Annex III  to  the  Mercury  Regulation  sets  several  derogating  phase-out  dates  for  VCM, 
alcoholates and polyurethane production, but those provisions are stricter than Annex B to the 
Agreement.  Whereas  the  Mercury  Regulation  has  prohibited  mercury  use  for  VCM 
production since 1 January 2022, the Agreement only restricts mercury use and specifies that 
the Parties aim at phasing out this use five years after the COP has determined that mercury-
free  alternatives  have  become  technically  and  economically  feasible  (VCM).  The  review  of 
Annex B provides an opportunity to narrow the gap between the currently stricter Union law 
and the less strict Agreement. This would be achieved by adding to Annex B phase-out dates 
for VCM production using mercury, in compliance with the Union acquis and taking account 
of  existing  available  technically  and  economically  feasible  mercury-free  alternatives 
processes.  

10 
on cosmetic products (OJ L 342, 22.12.2009, p. 59). 

Regulation  (EC)  No 1223/2009 of  the  European  Parliament  and  of  the  Council of 30 November 2009 

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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 are ‘capable of decisively influencing the 
content of the legislation adopted by the EU legislature’11. 

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 concern the possible adoption of a new Annex 
to the Minamata Convention on Mercury, as well as the possible amendment of two existing 
Annexes.  Given  that,  pursuant  to  Article  27,  paragraph  1  of  the  Minamata  Convention  on 
Mercury, the Annexes form an integral part of the Convention, the envisaged acts are acts that 
have legal effects because they are legally binding on the Parties pursuant to international law.  

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

The procedural legal basis for the proposed decision is therefore 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 (i) the envisaged act pursues two aims or has two components; and (ii) one 
of  those  aims  or  components  is  identifiable  as  the  main  one  (whereas  the  other  is  merely 
incidental),  then  the  decision  under  Article 218(9)  TFEU  must  be  founded  on  a  single 
substantive legal basis – namely the legal basis 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. 

The substantive legal basis of the proposed decision is therefore 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. 

11 
ECLI:EU:C:2014:2258, paragraphs 61 to 64. 

Judgment  of 

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

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2025/0320 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken on behalf of the European Union at the sixth meeting of the 
Conference of the Parties to the Minamata Convention on Mercury as regards the 
adoption of decisions amending that Convention on mercury-added products and 
manufacturing processes in which mercury or mercury compounds are used 

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) 

(6) 

(7) 

The  Minamata  Convention  on  Mercury12  (‘the  Agreement’)  was  concluded  by  the 
Union  by  Council  Decision 
force  on 
16 August 2017.  

(EU)  2017/93913  and  entered 

into 

Pursuant  to  Article  27  in  conjunction  with  Article  26  of  the  Agreement,  the 
Conference  of  the  Parties  may  adopt  decisions  adopting  new  Annexes  to  the 
Agreement and amending its existing Annexes. 
The  Conference  of  the  Parties,  during  its  6th  meeting  on  3-7  November  2025,  may 
adopt  a  new  Annex  to  the  Agreement,  listing mercury  compounds  subject  to  written 
consent for export, in accordance with Article 3, paragraphs 6 and 8 of the Agreement. 

In addition, the Conference of the Parties to the Agreement is expected to adopt one or 
more decisions to amend Annexes A and B to the Agreement. Annex A contains a 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.  Annex B 
contains  a  list  of  manufacturing  processes  using  mercury  or  mercury  compounds 
(‘mercury  processes’)  that  are  subject  to  an  obligation  to  cease  mercury  use  on  a 
specific date or to mercury-regulating requirements. 

The envisaged acts of the Conference of the Parties will have legal effects. 

It  is  necessary  to  establish  the  position  to  be  taken  on  the  Union's  behalf  in  the 
Conference of the Parties to the Agreement.  

The Union should support the adoption of decisions by the Conference of the Parties 
to the Agreement that make it possible to narrow the gap between Union law and the 
Agreement and that are consistent with the Union acquis regarding: 

copy 

Certified 

12 
the  Minamata 
https://treaties.un.org/doc/Treaties/2013/10/20131010%2011-16%20AM/CTC-XXVII-17.pdf. 
13 
the Minamata Convention on Mercury (OJ L 142, 2.6.2017, p. 4).  

on  Mercury 

Council Decision (EU) 2017/939 of 11 May 2017 on the conclusion on behalf of the European Union of 

available 

at: 

Convention 

of 

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(11) 

(12) 

(13) 

The  export  of  mercury  compounds  that  have  already  been  addressed  under 
Regulation (EU) 2017/85214. 

The  prohibition  of  dental  amalgam  whilst  maintaining  the  exemption  for  dental 
amalgam  necessary  for  specific  medical  needs,  in  consistency  with  Article  10, 
paragraph (2a) of Regulation (EU) 2017/852 on mercury.  

The  prohibition  of  mercury  processes  already  prohibited  under  Regulation  (EU) 
2017/852  on  mercury  by  specified  dates  or  made  subject  to  stricter  requirements 
regulating mercury use. 

HAS ADOPTED THIS DECISION: 

Article 1 

The position to be taken on the Union’s behalf in the sixth meeting of the Conference of the 
Parties to the Agreement shall be to support the adoption of:  

(i) a decision establishing a new Annex to the agreement listing mercury compounds subject 
to export restriction in accordance with Article 3, paragraphs (6) and (8) of the Agreement; 

(ii)  decisions  amending  Annex A  consistent  with  the  Union  acquis  on  dental  amalgam  and 
cosmetics;  

(iii)  a  decision  amending  Annex B  to  ensure  that  mercury  processes  that  are  already 
prohibited under Regulation (EU) 2017/852 on mercury are phased out by specified dates or 
made subject to stricter requirements regulating mercury use. 

Minor  technical  changes  to  the  position  referred  to  in  Article 1  may  be  agreed  upon  and 
without a further decision of the Council. 

Article 2 

This Decision enters into force on the date of its adoption. 

Article 3 

Done at Brussels, 

 For the Council 
The President 

14 

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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