Overview
Mercury is a chemical that is highly toxic to humans and the environment. When released into the environment it enters the food chain where it accumulates, mainly in fish. Exposure to high levels of mercury can cause harm to the brain, lungs, kidneys and immune system.
Over the past twenty years, the EU has developed a comprehensive body of legislation covering all aspects of the mercury lifecycle, from primary mining to waste disposal. This includes measures on trade, products containing mercury and mercury pollution.
The revised regulation on Mercury enters into force on 30 July 2024. It further restricts the remaining uses of mercury in the EU.
Objectives
EU law aims to ensure a high level of protection of human health and the environment from mercury, in line with the objectives of the European Green Deal, the EU Chemicals Strategy on Sustainability and the Zero Pollution Action Plan.
Law
The revised regulation on Mercury covers the full life cycle of mercury. It complements a large body of existing EU environmental law on mercury by:-
- Prohibiting the export of mercury and mercury compounds, as well as the manufacture, export and import of a large range of mercury-added products (MAPs).
- Forbidding the use of mercury or mercury compounds as catalysts and electrodes in industrial processes.
- Phasing out the use and banning the export of dental amalgam by 1 January 2025. Member States that require more time to adapt their national healthcare system get a limited and temporary derogation for the use, manufacture, and import of dental amalgam (until 30 June 2026).
- Only allowing dental amalgam use, manufacture and import for specific medical needs and when deemed strictly necessary by a medical practitioner.
- Prohibiting new uses of mercury in industry and products, except when significant environmental or health benefits are demonstrated and no mercury-free alternatives delivering such benefits are available.
- Ensuring that mercury waste is managed without endangering human health or harming the environment.
- Banning the manufacture and export of six additional mercury-containing lamps from 31 December 2025 or 31 December 2026 (depending on the lamp type).
The Commission has adopted the following Implementing Acts:-
- Commission Decision on forms to be used in relation to the import of mercury
- An Inventory of mercury-added products and manufacturing processes using mercury or mercury compounds is available in accordance with Art 8(7) of the Regulation
- Implementing Decision establishing questionnaires, as well as the format and frequency of reports to be prepared by the Member States in accordance with Regulation (EU) 2017/852
In July 2023, the Commission adopted the Delegated Regulation transposing the Minamata Convention into EU law, which introduces a prohibition against the manufacture, import and export of eight additional mercury-containing products, including mercury-containing lamps and non-electrical equipment.
Previously, the EU adopted a Mercury Strategy in 2005, which was revised in 2010.
Other laws
Both the SEVESO Directive and the revised Industrial and Livestock Rearing Emissions Directive (IED 2.0) lay down requirements aimed at ensuring the environmentally sound storage of metallic mercury and mercury compounds.
The mercury content, placing on the market and import into the EU of a wide range of mercury-added products (e.g. batteries, electrical and electronic equipment, and thermometers) are covered in the Battery and RoHS (switches, relays and lamps) Directives, as well as the REACH and Cosmetic Products Regulations.
Mercury emissions from major industrial sources are regulated under the revised Industrial and Livestock Rearing Emissions Directive (IED 2.0). This requires installations to operate based on permits and to apply the best available techniques (BAT), including the production of chloralkali, which was the most important manufacturing process using mercury and was banned by Commission Implementing Decision 2013/732.
These are regulated by the revised Industrial and Livestock Rearing Emissions Directive (IED 2.0) in combination with the Water Framework Directive and Environmental Quality Standards Directive (EQSD) that establishes maximum concentration levels of mercury in surface water bodies, sediment and biota.
Metallic mercury as waste and waste containing or contaminated with mercury qualify in most cases as 'hazardous waste' under the Waste Framework Directive. In parallel, the Landfill Directive sets specific requirements for the storage of mercury waste.
International action
Given the transboundary nature of mercury pollution, the international community took action under the Minamata Convention - a global treaty to protect human health and the environment from anthropogenic emissions and releases of mercury and mercury compounds. The Convention was signed in 2013 and ratified by the EU in 2017.
The Commission adopted two legislative proposals in 2016 to enable the EU to ratify the Convention
- Regulation on Mercury repealing and replacing Regulation (EC) 1102/2008
- Council Decision concerning the conclusion on behalf of the EU of the Minamata Convention on Mercury
- Impact Assessment Report
- Impact Assessment – Summary
For more information on the ratification, see our press release and Q&A.
Committee and expert group
The Commission regularly convenes meetings of the Mercury Regulation Committee and of the Mercury Expert Group that gather governmental experts to work on the implementation of the Regulation. All documents concerning the meetings of both groups are publicly available.
Main law: Revised regulation on Mercury
Reports: Compilation of information on sites potentially contaminated with mercury or mercury compounds, Report on the reviews required under Article 19 (1) of Regulation 2017/852 on the use of mercury in dental amalgam and products, Report - tackling mercury pollution in the EU and worldwide, which summarises knowledge on mercury
Factsheet: EU rules on mercury in action
Q&A: EU mercury policy and the ratification of the Minamata Convention
Related topics: Chemicals
Related strategies: Chemicals Strategy, Zero Pollution Action Plan
Related Commission priorities: European Green Deal
