Explanatory Memorandum to COM(2016)42 - Conclusion of the Minamata Convention on Mercury - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2016)42 - Conclusion of the Minamata Convention on Mercury. |
|---|---|
| source | COM(2016)42  |
| date | 02-02-2016 |
The Minamata Convention on Mercury (hereafter 'the Minamata Convention' or 'the Convention') concluded under the auspices of the United Nations Environment Programme (UNEP) is the main international legal framework for cooperation and measures to control and limit the use and anthropogenic emissions of mercury and mercury compounds to air, water and land.
Mercury is recognised as a global threat to human health and the environment. Exposure to high levels of mercury, including through the consumption of contaminated fish and seafood, can cause harm to the brain, lungs, kidneys and to the immune system. Mercury is characterised by its transboundary nature, as emissions can travel for thousands of kilometers through air and water from the place where they occur. In the EU, it is estimated that between 40% and 80% of the total mercury deposition originates from third countries, including for a large part from East and South-East Asia.
The Convention was adopted and opened for signature at a Conference of the Plenipotentiaries in Kumamoto, Japan, in October 2013. The European Union and twenty-one Member States signed the Convention on 10 October 2013 while Croatia, Cyprus, Latvia and Poland did so on 24 September 2014 and Malta on 8 October 2014. 1
The Convention addresses the whole life-cycle of mercury with the objective to protect human health and the environment. It sets restrictions on primary mining and international trade of mercury, prohibits the manufacture, import and export of a wide range of mercury-added products, foresees prohibitions or operating conditions for several manufacturing processes using mercury and calls for discouraging new uses of mercury in products and industrial processes. In addition, the Convention provides for measures to be taken to reduce mercury emissions from Artisanal and Small-scale Gold Mining (hereafter, 'ASGM') and major industrial activities, including through the use of best available techniques. It requires also interim storage of mercury and management of mercury waste to occur in an environmentally sound manner.
The EU has made significant progress for the last 10 years in addressing mercury domestically as a follow-up to the adoption in 2005 of the Community Strategy Concerning Mercury (hereafter, 'the Strategy'), 2 as supported by the Council of the European Union 3 and the European Parliament. 4 The Strategy consists of 20 actions aiming at reducing mercury emissions and at cutting mercury supply and demand. It highlights the transboundary character of mercury emissions and the necessity for action at global level with seven of its actions focused on the need to support and promote international activities. The review of the Strategy in 2010 5 recalls that the exposure of the environment and individuals in the EU cannot be reduced to an acceptable level via domestic policies alone and that co-ordinated international action is thus necessary to address effectively the mercury problem. Alike the initial 2005 Strategy, this review was also supported by the Council of the European Union 6 that reaffirmed the need to minimise and, where feasible, eliminate global anthropogenic mercury emissions to air, water and land and, for that purpose, for the EU to intensify its international efforts to reduce mercury emissions and exposure on a global scale.
Whereas the UNEP Governing Council launched in 2009 the international process for the development of a global legally-binding instrument, Council Decision of 6 December 2010 authorised the Union to take part to this process. 7 Not only has the EU been instrumental in promoting such negotiations, but also in influencing their outcome throughout the six sessions of the Intergovernmental Negotiating Committee (2010-2014).
In parallel to this proposed Decision, the Commission has put forward a proposal for a Regulation by the European Parliament and the Council to transpose the limited number of provisions of the Convention that are not yet implemented into EU legislation, which are identified in the impact assessment report accompanying that proposal. 8
In accordance with its Article 30, the Minamata Convention is subject to ratification, acceptance or approval by States and by regional economic integration organisations.
The deposit of the instruments of ratification, acceptance or approval of the Minamata Convention by the European Union and its Member States should take place collectively and in a co-ordinated fashion so as to make sure, as far as possible, that the Convention enters into force for both the EU and its Members States at the same time.
In the light of the above, it is appropriate for the European Union to approve the Convention.
The text of the Minamata Convention is attached to this Decision.