32017R0852

WHAT IS THE AIM OF THE REGULATION?

Regulation (EU) 2017/852 (mercury regulation) seeks to protect human health and the environment by laying down measures and conditions concerning:

• the use and storage of and trade in mercury, mercury compounds and mixtures of mercury;
• the manufacture of and trade in mercury-added products, including dental amalgam;
• the use of mercury and mercury compounds in manufacturing processes;
• the management of mercury waste.

KEY POINTS

Trade in mercury, mercury compounds and mixtures of mercury

The regulation bans:

• exports of mercury as of 1 January 2018;
• exports of the mixtures of mercury and of the mercury compounds listed in Annex I, as of 1 January 2018 or 1 January 2020 (depending on the compound);
• imports of the mercury and the mixtures of mercury listed in Annex I, as of 1 January 2018.

Trade in and manufacturing and placing on the market of mercury-added products

The regulation bans:

• the export, import and manufacturing in the European Union (EU) of the mercury-added products listed in Annex II (including batteries, switches and relays, certain lamps, cosmetics, pesticides, barometers and thermometers) as of the dates specified in the Annex, depending on the product;
• the manufacturing and placing on the market of new mercury-added products¹, unless proven to provide significant environmental or health benefits and authorised by the European Commission by means of an implementing act.

Dental amalgam

The regulation bans:

• the use of dental amalgam in fillings of milk teeth and for the dental treatment of children under 15 and of breastfeeding or pregnant women as of 1 July 2018;
• the use of dental amalgam for dental treatment in the EU as of 1 January 2025 (EU Member States needing more time to adapt their national healthcare system are granted a derogation until 30 June 2026);
• the export of dental amalgam as of 1 January 2025;
• the manufacturing and import of dental amalgam as of 1 July 2026.

By way of derogation, the use, import and manufacturing of dental amalgam is authorised for dental treatment when deemed strictly necessary by the dental practitioner based on the specific medical needs of the patient.

Use of mercury in manufacturing processes

The regulation bans:

• the use of mercury and mercury compounds in manufacturing processes in which:
  • mercury or mercury compounds are used as catalysts² (as of 1 January 2018), including for the production of polyurethane,
  • mercury is used as an electrode³ (as of 1 January 2022);
• new manufacturing processes using mercury or mercury compounds⁴, unless proven to provide significant environmental or health benefits and formally authorised by the Commission.

Use of mercury in artisanal and small-scale gold mining

Artisanal and small-scale gold mining and processing in which mercury amalgamation is used to extract gold from ore is prohibited as of 1 January 2018.

Waste management

• Waste facility operators may temporarily store mercury waste in liquid form, pending final disposal, if specific requirements for its storage are met and the storage is in a dedicated above-ground facility that is appropriately equipped.
• The temporary storage of liquid mercury waste will no longer be permitted as of 1 January 2026 (Delegated Regulation (EU) 2022/2526).
• The regulation introduces a system to ensure traceability throughout the length of the mercury waste management chain. Waste producers and mercury waste facility operators must keep an information register.

Mercury emissions from crematoria

By 31 December 2025, the Commission will publish guidance on abatement technologies for emissions of mercury and mercury compounds from crematoria.

Reporting

By 1 January 2020 and at regular intervals afterwards, Member States must report to the Commission and make publicly available:

• information concerning the implementation of this regulation;
• information needed for the fulfilment of the EU’s reporting obligation under the Minamata Convention;
• a summary of the information provided annually by economic operators of specific sources (e.g. cleaning of natural gas, non-ferrous mining and smelting operations) to relevant national authorities regarding management of their mercury waste;
• information regarding sites hosting vast amounts of mercury or of mercury waste (more than 50 tonnes of mercury) located in their territories;
• information on the measures implemented on the basis of the Commission guidance on abatement technologies for mercury emissions from crematoria.

By 31 May of a given calendar year, importers and manufacturers of dental amalgam must report to their competent authority for the preceding calendar year on the amount of dental amalgam they imported or manufactured.

Review

The Commission must report by 30 June 2029 on:

• the implementation and impact of the guidance on abatement technologies for mercury emissions from crematoria;
• the need to maintain the exemption from the prohibition on the use, import and manufacturing of dental amalgam based on the specific medical needs of the patient;
• the developments under the Minamata Convention as regards the phasing out of illegal mercury use in cosmetics;
• the need to phase out remaining mercury uses;
• the need to expand the list of mercury waste sources;
• the need to expand the list of mercury compounds.

National law

Member States may apply stricter requirements than those laid down in this regulation.

Minamata Convention

The regulation enables the EU and Member States to approve, ratify and implement the 2013 Minamata Convention on mercury signed by the EU and Member States, and ensures that EU law is in line with the convention.

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 1 January 2018.

BACKGROUND

For further information, see:

• Mercury (European Commission).

KEY TERMS

1. New mercury-added products. A mercury-added product that was not being manufactured prior to 1 January 2018.
2. Catalyst. A substance that increases the rate of a chemical reaction without itself undergoing any permanent chemical change.
3. Electrode. A conductor through which an electric current enters or leaves an object, substance or region.
4. New manufacturing process using mercury or mercury compounds. A manufacturing process that was not used prior to 1 January 2018.

MAIN DOCUMENT

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, 24.5.2017, pp. 1–21).

Successive amendments to Regulation (EU) 2017/852 have been incorporated into the original text. This consolidated version is of documentary value only.

RELATED DOCUMENTS

Commission Delegated Regulation (EU) 2023/2049 of 14 July 2023 amending Regulation (EU) 2017/852 of the European Parliament and of the Council as regards mercury-added products subject to manufacturing, import and export prohibitions (OJ L 236, 26.9.2023, pp. 21–23).

Commission Delegated Regulation (EU) 2022/2526 of 23 September 2022 amending Regulation (EU) 2017/852 of the European Parliament and of the Council as regards the temporary storage of mercury waste in liquid form (OJ L 328, 22.12.2022, pp. 66–67).

Commission Implementing Decision (EU) 2019/1752 of 25 February 2019 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 of the European Parliament and of the Council (OJ L 269, 23.10.2019, pp. 5–11).

Commission Implementing Decision (EU) 2017/2287 of 8 December 2017 specifying the forms to be used in relation to the import of mercury and of certain mixtures of mercury pursuant to Regulation (EU) 2017/852 of the European Parliament and of the Council on mercury (OJ L 328, 12.12.2017, pp. 118–122).