Regulation 2017/852 - Mercury - Main contents
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official title
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 (Text with EEA relevance. )| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2017/852 |
| Original proposal | COM(2016)39  |
| CELEX number i | 32017R0852 |
| Document | 17-05-2017; Date of signature |
|---|---|
| Publication in Official Journal | 24-05-2017; OJ L 137 p. 1-21 |
| Signature | 17-05-2017 |
| Effect | 13-06-2017; Entry into force Date pub. +20 See Art 24 11-12-2017; Application Partial application See Art 24 01-01-2018; Application See Art 24 |
| Deadline | 01-01-2020; See Art 18.1 30-06-2020; Review See Art 19.1 01-01-2021; See See 15.2 13-09-2021; At the latest See Art 21.2 31-12-2029; Review See Art 19.2 And 19.2a |
| End of validity | 31-12-9999 |
24.5.2017 |
EN |
Official Journal of the European Union |
L 137/1 |
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
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
Mercury is a very toxic substance which represents a global and major threat to human health, including in the form of methylmercury in fish and seafood resources, ecosystems and wildlife. Due to the transboundary nature of mercury pollution, between 40 % and 80 % of total mercury deposition in the Union originates from outside the Union. Action is therefore warranted at local, regional, national and international levels. |
(2) |
Most mercury emissions and associated exposure risks result from anthropogenic activities such as primary mercury mining and processing, the use of mercury in products and industrial processes, artisanal and small-scale gold mining and processing, coal combustion and the management of mercury waste. |
(3) |
The Seventh Environment Action Programme adopted by Decision No 1386/2013/EU of the European Parliament and of the Council (3) establishes the long-term objective of a non-toxic environment and, for that purpose, stipulates that action is needed to ensure the minimisation of significant adverse effects of chemicals on human health and the environment by 2020. |
(4) |
The Communication of 28 January 2005 from the Commission to the European Parliament and the Council entitled ‘Community Strategy Concerning Mercury’, as reviewed on 7 December 2010 (‘the Strategy’), aims at minimising and, where feasible, ultimately eliminating global anthropogenic mercury releases to air, water and land. |
(5) |
In the past 10 years, significant progress has been achieved in the Union in the field of mercury management following the adoption of the Strategy and of a wide range of measures concerning mercury emissions, supply, demand and use, and the management of mercury surplus and stocks. |
(6) |
The Strategy recommends that the negotiation and conclusion of an international legally-binding instrument on mercury should be a priority as Union action alone cannot guarantee effective protection of the citizens of the Union against the negative health effects of mercury. |
(7) |
The Union and 26 Member States have signed the Minamata Convention on Mercury of 2013 (‘the Convention’). The two Member States that did not sign the Convention, Estonia and Portugal, have expressed their commitment to ratify it. The Union and all its Member States are therefore committed to its conclusion, transposition and implementation. |
(8) |
Swift approval of the Convention by the Union and its ratification by Member States will encourage the major global mercury users and emitters, which are signatories of the Convention, to ratify and implement it. |
(9) |
This Regulation should complement the Union acquis and lay down the provisions that are needed to ensure the complete alignment of the Union acquis with the Convention so that the Union and its Member States are able to respectively approve or ratify and implement the Convention. |
(10) |
Further action undertaken by the Union, going beyond the Convention requirements, would lead the way, as was... |
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