Mercury

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.

With the revision of Regulation (EU) 2017/852, the Commission has developed guidance on abatement technologies for emissions of mercury and mercury compounds from crematoria, to be applied in Member States. The guidance document provides flexibility to, and reference material for, Member States to determine how best to reduce emissions from crematoria.

Other laws

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.