Legal provisions of COM(2006)636 - Banning of exports and the safe storage of metallic mercury - Main contents
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| dossier | COM(2006)636 - Banning of exports and the safe storage of metallic mercury. |
|---|---|
| document | COM(2006)636  |
| date | October 22, 2008 |
Article 1
1. The export of metallic mercury (Hg, CAS RN 7439-97-6), cinnabar ore, mercury (I) chloride (Hg2Cl2, CAS RN 10112-91-1), mercury (II) oxide (HgO, CAS RN 21908-53-2) and mixtures of metallic mercury with other substances, including alloys of mercury, with a mercury concentration of at least 95 % weight by weight from the Community shall be prohibited from 15 March 2011.
2. The prohibition shall not apply to exports of compounds referred to in paragraph 1 for research and development, medical or analysis purposes.
3. The mixing of metallic mercury with other substances for the sole purpose of export of metallic mercury shall be prohibited from 15 March 2011.
Article 2
From 15 March 2011, the following shall be considered as waste and be disposed of in accordance with Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste (9) in a way that is safe for human health and the environment:
| (a) | metallic mercury that is no longer used in the chlor-alkali industry; |
| (b) | metallic mercury gained from the cleaning of natural gas; |
| (c) | metallic mercury gained from non-ferrous mining and smelting operations; and |
| (d) | metallic mercury extracted from cinnabar ore in the Community as from 15 March 2011. |
Article 3
1. By way of derogation from Article 5(3)(a) of Directive 1999/31/EC, metallic mercury that is considered as waste may, in appropriate containment, be
| (a) | temporarily stored for more than one year or permanently stored (disposal operations D 15 or D 12 respectively, as defined in Annex II A of Directive 2006/12/EC) in salt mines adapted for the disposal of metallic mercury, or in deep underground, hard rock formations providing a level of safety and confinement equivalent to that of those salt mines; or |
| (b) | temporarily stored (disposal operation D 15, as defined in Annex II A of Directive 2006/12/EC) for more than one year in above-ground facilities dedicated to and equipped for the temporary storage of metallic mercury. In this case, the criteria set out in section 2.4 of the Annex to Decision 2003/33/EC shall not apply. |
The other provisions of Directive 1999/31/EC and Decision 2003/33/EC shall apply to points (a) and (b).
2. Directive 96/82/EC shall apply to storages as referred to in paragraph 1(b) of this Article.
Article 4
1. The safety assessment to be carried out in accordance with Decision 2003/33/EC for the disposal of metallic mercury according to Article 3 of this Regulation shall ensure that the particular risks arising from the nature and long-term properties of the metallic mercury and its containment are covered.
2. The permit referred to in Articles 8 and 9 of Directive 1999/31/EC for facilities referred to in Article 3(1)(a) and (b) of this Regulation shall include requirements for regular visual inspections of the containers and the installation of appropriate vapour detection equipment to detect any leak.
3. The requirements for facilities referred to in Article 3(1)(a) and (b) of this Regulation as well as acceptance criteria for metallic mercury, amending Annexes I, II and III of Directive 1999/31/EC, shall be adopted in accordance with the procedure referred to in Article 16 of that Directive. The Commission shall make an appropriate proposal as soon as possible, and at the latest by 1 January 2010, taking into account the outcome of the exchange of information pursuant to Article 8(1) and the report on research on safe disposal options pursuant to Article 8(2).
Any final disposal operation (disposal operation D 12, as defined in Annex II A of Directive 2006/12/EC) concerning metallic mercury shall only be permitted after the date at which the amendment of Annexes I, II and III of Directive 1999/31/EC has been adopted.
Article 5
1. Member States shall submit to the Commission a copy of any permit issued for a facility designated to store metallic mercury temporarily or permanently (disposal operations D 15 or D 12 respectively, as defined in Annex II A of Directive 2006/12/EC), accompanied by the respective safety assessment pursuant to Article 4(1) of this Regulation.
2. By 1 July 2012, Member States shall inform the Commission on the application and market effects of this Regulation in their respective territories. Member States shall, upon request from the Commission, submit that information earlier than that date.
3. By 1 July 2012, importers, exporters and operators of activities referred to in Article 2, as appropriate, shall send to the Commission and to the competent authorities the following data:
| (a) | volumes, prices, originating country and destination country as well as the intended use of metallic mercury entering the Community; |
| (b) | volumes, originating country and destination country of metallic mercury considered as waste that is traded cross-border within the Community. |
Article 6
1. The companies concerned in the chlor-alkali industry shall send the following data related to the decommissioning of mercury in a given year to the Commission and the competent authorities of the Member States concerned:
| (a) | best estimate of total amount of mercury still in use in chlor-alkali cell; |
| (b) | total amount of mercury stored in the facility; |
| (c) | amount of waste mercury sent to individual temporary or permanent storage facilities, location and contact details of these facilities. |
2. The companies concerned in the industry sectors that gain mercury from the cleaning of natural gas or as a by-product from non-ferrous mining and smelting operations shall send the following data related to mercury gained in a given year to the Commission and the competent authorities of the Member States concerned:
| (a) | amount of mercury gained; |
| (b) | amount of mercury sent to individual temporary or permanent storage facilities as well as location and contact details of these facilities. |
3. The companies concerned shall send the data referred to in paragraphs 1 and 2, as applicable, for the first time by 4 December 2009, and thereafter each year by 31 May.
4. The Commission shall make the information in paragraph 3 publicly available in accordance with Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (10).
Article 7
Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are applied. The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify those provisions to the Commission by 4 December 2009 and shall notify it without delay of any subsequent amendment affecting them.
Article 8
1. The Commission shall organise an exchange of information between the Member States and the relevant stakeholders by 1 January 2010. This exchange of information shall, in particular, examine the need for:
| (a) | extending the export ban to other mercury compounds, mixtures with a lower mercury content and products containing mercury, in particular thermometers, barometers and sphygmomanometers; |
| (b) | an import ban of metallic mercury, mercury compounds and products containing mercury; |
| (c) | extending the storage obligation to metallic mercury from other sources; |
| (d) | time limits concerning temporary storage of metallic mercury. |
This exchange of information shall also consider the research on safe disposal options.
The Commission shall organise further exchanges of information when new relevant information has become available.
2. The Commission shall keep under review ongoing research activities on safe disposal options, including solidification of metallic mercury. The Commission shall submit a report to the European Parliament and the Council by 1 January 2010. On the basis of this report, the Commission shall, if appropriate, present a proposal for a revision of this Regulation as soon as possible and not later than 15 March 2013.
3. The Commission shall assess the application and market effects of this Regulation in the Community, taking into account the information referred to in paragraphs 1 and 2 and in Articles 5 and 6.
4. The Commission shall as soon as possible, but not later than 15 March 2013, submit to the European Parliament and the Council a report, if appropriate accompanied by a proposal for a revision of this Regulation, which shall reflect and evaluate the outcome of the information exchange referred to in paragraph 1 and of the assessment referred to in paragraph 3, as well as the report referred to in paragraph 2.
5. The Commission shall report to the European Parliament and the Council by 1 July 2010 on progress in multilateral activities and negotiations on mercury, assessing in particular the consistency of the timing and scope of the measures specified in this Regulation with international developments.
Article 9
Until 15 March 2011, Member States may maintain national measures restricting the export of metallic mercury, cinnabar ore, mercury (I) chloride, mercury (II) oxide and mixtures of metallic mercury with other substances, including alloys of mercury, with a mercury concentration of at least 95 % weight by weight which were adopted in line with Community legislation before 22 October 2008.
Article 10
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.