5. ANNEX 1 EU LEGISLATION CONCERNING MERCURY

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1 5. ANNEX 1 EU LEGISLATION CONCERNING MERCURY CURRENT AND FORTHCOMING EU LEGISLATION CONCERNING MERCURY Mercury export ban LEGAL INSTRUMENT Regulation (EC) No 1102/2008 of 22 October 2008 on the banning of exports of metallic mercury and certain mercury compounds and mixtures and the safe storage of metallic mercury (OJ L 304, ) The ban forms a key part of the EU's strategy for reducing global exposure to mercury, as it will significantly reduce global supply and thereby also emissions of the heavy metal into the environment. The ban concerns 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 exported from the Community. Exemptions exist for mercury compounds used for research and development, medical and analysis purposes. The Regulation provides that the following shall be considered as waste: - metallic mercury that is no longer used in the chlor-alkali industry; - metallic mercury gained from the cleaning of natural gas; - metallic mercury gained from non-ferrous mining and smelting operations; and - metallic mercury extracted from cinnabar ore in the Community. The Regulation includes provisions for the safe storage of metallic mercury waste, which may be: - temporarily stored for more than one year or permanently stored 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 - temporarily stored for more than one year in above-ground facilities dedicated to and equipped for the temporary storage of metallic mercury. The Regulation identifies a number of points to be considered for its future revision: - An exchange of information between the Member States and the relevant stakeholders shall take place by 1 January 2010 to 155

2 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. - The Commission will 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 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 OTHER RELEVANT INFORMATION The export ban and mercury waste management requirements will become applicable in all Member States from 15 March Euro Chlor, the business association representing chlor-alkali producers in Europe, has pledged to ensure safe underground storage of mercury surpluses from the industry once this ban takes effect. Integrated Pollution Prevention and Control (IPPC) LEGAL INSTRUMENT Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control ( IPPC Directive) (OJ L 257, ) Codified version: Directive 2008/1/EC of 15 January 2008 concerning integrated pollution prevention and control (OJ L24, ) 205 The purpose of the IPPC Directive is to achieve integrated prevention and control of pollution arising from the activities listed in Annex I of the Directive (energy industries, production and processing of metals, mineral industry, chemical industry, waste management and other activities like intense livestock farming, pulp and paper industry and tanneries). It lays down the requirement to prevent or, where that is not practicable, to reduce pollution of the air, water and land, including from mercury and its compounds, from the abovementioned activities, including measures concerning waste, in order to achieve a high level of protection of the environment taken as a whole. Control is to be achieved by way of a permitting regime whereby the operator of an installation applies for a permit and a competent authority determines whether or not a permit is to be 205 The codified act includes all the previous amendments to the Directive 96/61/EC and introduces some linguistic changes and adaptations (e.g. updating the number of legislation referred to in the text). The substance of Directive 96/61/EC has not been changed and the adopted new legal act is without prejudice to the new Proposal for a Directive on Industrial Emissions. 156

3 issued. Among other requirements, permits are to include emission limit values (or equivalent parameters or technical measures) which are to be based on the Best Available Techniques (BAT) for the sector, but taking account of the technical characteristics of the installation concerned, its geographical location and the local environmental conditions. OTHER RELEVANT INFORMATION The Directive entered into force on 30 October New installations, and substantial changes to existing installations, require a permit issued in accordance with the Directive before they are brought into operation. Existing installations had to be brought into compliance with the requirements of the Directive by 30 October In order to support the implementation of the Directive the Commission is producing a series of BAT Reference documents (BREFs) on best available techniques for the main industry sectors under the Directive. An important document concerning mercury is the BREF on chlor-alkali manufacturing, adopted in December 2001, which concludes that mercury cells are not BAT. This BREF is under review; in particular, information on the decommissioning of mercury cell plants will be updated and complemented in the revised version. The review of the BREF started in 2009 (the kick-off meeting report from October 2009 is available on eippcb.jrc.es/pages/factivities.htm). Other relevant BREF documents containing information on BAT to reduce mercury emissions cover the following sectors: large combustion plants; large volume inorganic chemicals; cement, lime and magnesium oxide manufacturing industries; non-ferrous metal industries; production of iron and steel; waste incineration; and waste treatment industries. The IPPC Directive will be replaced soon by the new Industrial Emissions Directive (IED) which was endorsed by the European Parliament in July The IED recasts seven existing Directives related to industrial emissions into a single legislative instrument 206. The recast includes the IPPC Directive, the Large Combustion Plants Directive, the Waste Incineration Directive and four other Directives. The aim of the new Directive is to tackle the shortcomings of current legislation on industrial emissions. The proposal for this new Directive does not include emission limit values (ELVs) for mercury for activities other than waste incineration, but it puts greater emphasis on the use of BAT for setting ELVs in permits. 206 Proposal for Directive of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) (Recast) [COM(2007) 843 final], December 2007: eurlex.europa.eu/lexuriserv/lexuriserv.do?uri=com:2007:0844:fin:en:pdf 157

4 European Pollutant Release and Transfer Register (E-PRTR) LEGAL INSTRUMENT Regulation (EC) No 166/2006 of 18 January 2006 concerning the establishment of a European Pollutant Release and Transfer Register (OJ L 33, ) OTHER RELEVANT INFORMATION This Regulation sets up a European Pollutant Release and Transfer Register (E-PRTR) at EU level in the form of a publicly accessible electronic database. This database will meet the requirements of the United Nations Economic Commission for Europe (UN-ECE) Protocol on Pollutant Release and Transfer Registers, signed by the Community in May The E-PRTR replaces the European Pollutant Emission Register (EPER) which had been implemented in The E-PRTR goes beyond the requirements of the EPER, for example by including a greater number of pollutants and activities as well as releases to land, releases from diffuse sources and off-site transfers. Member States are required to submit reports to the Commission on emissions from all individual facilities with one or more activities mentioned in Annex I, which include in particular those covered by Directive 96/61/EC (the "IPPC" Directive). The reports must include details of emissions for all pollutants for which the thresholds specified in an Annex are exceeded. The reporting thresholds for mercury and its compounds are 10 kg/year for emissions to air, 1 kg/year for emissions to water and 1 kg/year for emissions to land. Under the EPER, the first set of emissions data, covering the year 2001, was published in The second data set, covering 2004, was published in autumn Under the E-PRTR, the first set of emissions data, covering the year 2007, was published in The next report in 2010 will cover 2008 data. Data is available from the E-PRTR website (prtr.ec.europa.eu) which also includes data from the previous EP ER. Registration, Evaluation and Authorisation of Chemicals (REACH) LEGAL INSTRUMENT Regulation (EC) No 1907/2006 of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency ( ) (OJ L 136, ), as amended Main recent amendment related to mercury: Regulation (EC) No 552/2009 of 22 June 2009 amending Annex XVII of REACH (OJ L164, ) REACH replaces over 40 existing Directives and Regulations, including Directive 76/769/EEC under which certain restrictions on the use of mercury had been established. Registration: Chemicals manufactured or imported in quantities of 158

5 more than one tonne per year and per manufacturer/importer have to be registered in a central database managed by the European Chemicals Agency. The registration includes information on properties (such as physicochemical, toxicological and eco toxicological properties), uses and safe ways of handling the chemicals. Information shall be passed down the supply chain, so that those that use chemicals in their own production processes to produce other products could do so in a safe and responsible way. To cope with the large number of existing substances a phased approach is proposed. The deadlines for registration are set according to the volume of the substance on the market or the hazard. The shortest deadlines apply to very high volume substances (above 1000 tonnes), and carcinogenic, mutagenic or reproduction toxic (CMR) substances above 1 tonne. These will have to be registered within 3 years. Evaluation: The competent authorities may evaluate any substance where they had justified reasons to suspect that there was a risk to human health or the environment. The programme of substance evaluations is based on rolling plans prepared by Member State Competent Authorities. The programme takes account of criteria for setting priorities drawn up by the Agency. Authorisation: All substances of very high concern are subject to authorisation. Authorisations apply to particular uses of the substance in question. Authorisation may be granted only if the producer or importer can show that risks from the use in question can be adequately controlled, or that the socio-economic benefits of the use of the substance outweigh the risks. In the latter case, the possibility of substitution shall be considered. Annex XVII of REACH establishes a list of dangerous substances, preparations and articles subject to restrictions on the manufacture, placing on the market and use. For mercury, restrictions are as follows: Item 18: 1. Mercury compounds shall not be used as substances and constituents of preparations intended for use: a) to prevent the fouling by micro-organisms, plants or animals of: - the hulls of boats, - cages, floats, nets and any other appliances or equipment used for fish or shellfish farming, - any totally or partly submerged appliances or equipment; b) in the preservation of wood; c) in the impregnation of heavy-duty industrial textiles and yarn intended for their manufacture; d) in the treatment of industrial waters, irrespective of their use. 2. The placing on the market of batteries and accumulators, containing more than 0,0005 % of mercury by weight, including in those cases where these batteries and accumulators are incorporated into appliances shall be 159

6 Item 18a: prohibited. Button cells and batteries composed of button cells with a mercury content of no more than 2 % by weight shall be exempted from this prohibition. 1. Mercury shall not be placed on the market: (a) in fever thermometers; (b) in other measuring devices intended for sale to the general public (e.g. manometers, barometers, sphygmomanometers, thermometers other than fever thermometers). 2. The restriction in paragraph 1(b) shall not apply to: (a) measuring devices more than 50 years old on 3 October 2007; or (b) barometers (except barometers within point (a)) until 3 October By 3 October 2009 the Commission shall carry out a review of the availability of reliable safer alternatives that are technically and economically feasible for mercury containing sphygmomanometers and other measuring devices in healthcare and in other professional and industrial uses. On the basis of this review or as soon as new information on reliable safer alternatives for sphygmomanometers and other measuring devices containing mercury becomes available, the Commission shall, if appropriate, present a legislative proposal to extend the restrictions in paragraph 1 to sphygmomanometers and other measuring devices in healthcare and in other professional and industrial uses, so that mercury in measuring devices is phased out whenever technically and economically feasible. OTHER RELEVANT INFORMATION REACH entered into force on 1 June Several deadlines were defined for the application of the various articles of the Directive, the deadline for the application of Annex XVII being 1 June Regulation (EC) No 552/2009 amending Annex XVIII of REACH entered into force on 27 June Several intentions to submit restriction proposals in accordance with Annex XV of REACH have been notified recently 207 : In November 2009, on request of the Commission, the European Chemicals Agency (ECHA) notified its intention to submit a proposal for the restriction of the placing on the market and use of mercury containing sphygmomanometers and other measuring devices in healthcare and in other professional and industrial uses. In June 2009, Norway notified its intention to submit proposals for the restriction of some mercury compounds used in pesticides and as catalysts in polyurethane elastomer manufacture (phenylmercury 2-ethylhexanoate, phenylmercuric octanoate, phenylmercury acetate, phenylmercury neodecanoate, phenylmercury propionate). The scope of the restriction proposal 207 Registry of intentions for Annex XV dossiers: echa.europa.eu/chem_data/reg_int_tables/reg_int_curr_int_en.asp#current_restriction 160

7 covers exposure from manufacture, placing on the market and use of substances, mixtures or articles containing the substances. The above dossiers are expected to be submitted by 15 June Restrictions on marketing and use of plant protection products LEGAL INSTRUMENTS OTHER RELEVANT INFORMATION Directive 79/117/EEC of 21 December 1978 prohibiting the placing on the market and use of plant protection products containing certain active substances (OJ L 33, ) Directive 91/188/EEC of 19 March 1991 amending for the fifth time the Annex to Directive 79/117/EEC prohibiting the placing on the market and use of plant protection products containing certain active substances (OJ L 92, ) Regulation (EC) No 396/2005 of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (OJ L70, ), as amended Regulation (EC) No 149/2008 of 29 January 2008 amending Regulation (EC) No 396/2005 by establishing Annexes II, III and IV setting maximum residue levels for products covered by Annex I thereto (OJ L58, ) According to Article 3 of Council Directive 79/117/EEC, plant protection products containing one or more of the following active substances may be neither placed on the market nor used: mercury oxide, mercurous chloride (calomel), other inorganic mercury compounds, alkyl mercury compounds, alkoxyalkyl and aryl mercury compounds. Directive 91/188/EEC deleted some limited exemptions from these restrictions which had previously been allowed. Regulation 149/2008 establishes maximum residue levels for certain food products. In these food products, the maximum residue level for mercury compounds is set at the lower limit of analytical determination, i.e mg/kg. 1 January 1981 Directive 79/117/EEC will be replaced by a Regulation on placing on the market of plant protection products, specifying strict criteria for approval of substances, to ensure a high level of protection for human and animal health and the environment. A proposal for this Regulation was issued in July According to the draft Regulation, active substance shall only be approved if they are not considered to be a persistent, bioaccumulating and toxic, unless exposure to humans is negligible. Regulation 149/2008: entered into force on 1 September

8 Restrictions on marketing of biocides LEGAL INSTRUMENT Directive 98/8/EC of 16 February 1998 concerning the placing of biocidal products on the market (OJ L 123, ) OTHER RELEVANT INFORMATION Biocidal products cannot be placed on the market and used in the territory of the Member States unless authorised in accordance with Directive 98/8/EC. No biocidal products containing mercury have been authorised and accordingly they are banned in the Community. 14 May 2000 On 12 June 2009, the European Commission adopted a proposal for a Regulation concerning the placing on the market and use of biocidal products (COM(2009)267). The proposed Regulation will repeal and replace the current Directive 98/8/EC. Classification, packaging and labelling of dangerous substances LEGAL INSTRUMENT Regulation (EC) No 1272/2008 of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, ) Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (OJ B 196, ) Directive 1999/45/EC of 31 May 1999 concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations (OJ L 200, ) NB: Directive 67/548/EEC and Directive 1999/45/EC will be repealed with effect from 1 June 2015 The following substances have a harmonised classification and labelling in accordance with the provisions laid down in the Regulation and are included in its Annex: - mercury (Index No , EC No ); - inorganic mercury compounds with the exception of mercuric sulphide and those specified elsewhere in the Annex (Index No ); - dimercury dichloride, mercurous chloride, calomel (Index No , EC No ); - organic mercury compounds with the exception of those specified elsewhere in the Annex (Index No ); - mercury difulminate, mercuric fulminate, fulminate of mercury (Index No , EC No ); - dimercury dicyanide oxide, mercuric oxycyanide (Index No , EC No ); - dimethylmercury; diethylmercury (Index No ); 162

9 - phenylmercury nitrate; phenylmercury hydroxide; basic phenylmercury nitrate (Index No ); - 2-methoxyethylmercury chloride (Index No , EC No ); - mercury dichloride, mercuric chloride (Index No X, EC No ); - phenylmercury acetate (Index No , EC No ). Application deadline for substances: 1 December 2010 (before this date, provisions of Directive 67/548 still apply) Application deadline for mixtures: 1 June 2015 (before this date, provisions of Directive 1999/45 still apply) Export and import of certain dangerous chemicals LEGAL INSTRUMENT Regulation (EC) No. 689/2008 of 17 June 2008 concerning the export and import of dangerous chemicals (OJ L 204, ) NB: Regulation (EC) No. 689/2008 replaces Regulation (EC) No. 304/2003 of 28 January 2003 The export of mercury compounds is prohibited by Regulation 1102/2008, but imports of mercury compounds into the EU would be subject to Regulation 689/2008. Regulation 689/2008 implements the Rotterdam Convention on the Prior Informed Consent (PIC) Procedure for Certain Hazardous Chemicals and Pesticides in International Trade. The Convention provides for an exchange of information between its parties on restrictions on hazardous chemicals and pesticides and their import and export. The trigger for action is when a party takes regulatory action to ban or severely restrict a hazardous chemical or pesticide in its own territory in order to protect human health and/or the environment. The party must then notify the Secretariat of the Convention of that ban or restriction. It should also make export of the substance subject to a notification procedure, whereby the first export annually to any party would have to be notified in advance to the designated authority in that country of destination. This obligation ends when the substance becomes subject to the PIC procedure and the importing party has given an import decision (see below). When two notifications of bans or severe restrictions for the same substance have been received under the Convention from two geographic regions, a chemical review committee will consider whether these meet the criteria of Annex II to the Convention. The committee may recommend that the substance be added to the PIC procedure and prepare a decision guidance document (DGD), containing relevant information to help parties take an informed decision on whether or not to accept imports. If the Conference of the Parties decides that the chemical should be included in the PIC procedure, the DGD is circulated and all parties to the Convention should communicate an import decision to the Secretariat on whether and under what circumstances they wish to receive imports of the substance. Exporting parties are then obliged to ensure that their exporters comply with these wishes. 163

10 Mercury compounds (including inorganic mercury compounds, alkyl mercury compounds and alkyloxyalkyl and aryl mercury compounds) are subject to the PIC procedure (they are included in Annex I of Regulation 689/2008 which establishes the list of chemicals subject to the PIC procedure). In addition, soaps containing mercury (included in Annex V of the Regulation) are subject to export ban. 1 August 2008 Safety of toys LEGAL INSTRUMENT Directive 2009/48/EC of 18 June 2009 on the safety of toys (OJ L 170, ) NB: Directive 2009/48/EC replaces Directive 88/378/EEC of 3 May 1988, which will be repealed with effect from 20 July 2011 Directive 2009/48 lays down rules on the safety of toys and on their free movement in the Community. Annex II sets out essential safety requirements for toys, including migration limit values for a variety of chemicals including mercury. Migration limit values for mercury are defined as follows: mg/kg in dry, brittle, powder-like or pliable toy material mg/kg in liquid or sticky toy material - 94 mg/kg in scraped-off toy material. These provisions differ from those of the previous Directive (88/378/EEC) in which limit values where established in terms of bioavailability resulting from the use of toys (0.5 µg/day for mercury). Directive 2009/48 entered into force on 20 July 2009 and the transposition deadline in Member States is 20 January Measures set out in the Directive shall apply in Member States from 20 July Cosmetics LEGAL INSTRUMENT Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products (as amended) (OJ L 262, ) Mercury and its compounds may not be present as ingredients in cosmetics, including soaps, lotions, shampoos, skin bleaching products, etc., except for phenyl mercuric salts for conservation of eye makeup and products for removal of eye make-up in concentrations not exceeding 0.007% weight-to-weight (e.g. thiomersal) that are marketed within the European Community. Member States had to bring into force the measures needed to comply with Directive 76/768/EEC no later than 27 March

11 Electrical and electronic equipment LEGAL INSTRUMENTS Directive 2002/95/EC of 27 January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment ( RoHS Directive) (OJ L 37, ) Directive 2002/96/EC of 27 January 2003 on waste electrical and electronic equipment ( WEEE Directive) (OJ L 37, ) The RoHS Directive requires the substitution of certain heavy metals and other substances, including mercury, in new electrical and electronic equipment by 1 July However, a maximum concentration value of 0,1% by weight in homogeneous materials for lead, mercury, hexavalent chromium, polybrominated biphenyls and polybrominated biphenyl ethers is tolerated (this provision was added by Commission Decision 2005/618/EC of 18 August 2005). Some applications of mercury are exempted. For mercury, these are: the use of mercury in compact fluorescent lamps not exceeding 5 mg per lamp the use of mercury in straight fluorescent lamps not exceeding - halophosphate 10 mg - triphosphate with normal lifetime 5 mg - triphosphate with long lifetime 8 mg the use of mercury in straight fluorescent lamps for special purposes the use of mercury in other lamps not specifically mentioned in the annex the use of mercury as a cathode sputtering inhibitor in DC plasma displays with a content up to 30 mg per display until 1 July Each exemption must be reviewed at least every four years with the aim of considering deletion. A comitology procedure is established to provide for this, and to consider any further exemptions. Some of the exempted applications, including use of mercury in straight fluorescent lamps, are identified as priorities for review by this comitology procedure. The WEEE Directive aims to prevent the generation of WEEE and to support the reuse, recycling and other forms of recovery of such waste. It also seeks to improve the environmental performance of all operators involved in the life cycle of electrical and electronic equipment. In particular, it required that producers, or third parties acting on their behalf, set up systems by 13 August 2004 to provide for the treatment of WEEE using best available treatment, recovery and recycling techniques. Member States must achieve a high level of separate collection for WEEE, and any mercury-containing components must be removed from any separately collected WEEE. 13 August

12 OTHER RELEVANT INFORMATION In December 2008 the European Commission proposed to revise the RoHS and WEEE Directives in order to tackle the fast increasing waste stream of and electrical and electronic equipment. The aims are to increase the amount of e-waste that is appropriately treated and reduce the number that go to final disposal, and to reduce administrative burden. Proposed amendments which may be relevant to the mercury issue include: - The addition of medical devices and monitoring and control instruments within the scope of the RoHS Directive. - A 4-year maximum validity period for the exemptions, which is set to stimulate substitution efforts, provide legal security and shift the burden of proof to the applicant, in line with REACH. Ecodesign of non-directional household lamps LEGAL INSTRUMENTS Directive 2005/32/EC of 6 July 2005 establishing a framework for the setting of ecodesign requirements for energy-using products and amending Directive 92/42/EEC and Directives 96/57/EC and 2000/55/EC ( Ecodesign Directive Energy-related Products ) (OJ L191, ) Regulation (EC) No 244/2009 of 18 March 2009 implementing Directive 2005/32/EC with regard to ecodesign requirements for non-directional household lamps (OJ L 76, ) Directive 2005/32/EC establishes a framework under which manufacturers and importers of energy-related products (ErP) will, at the design stage, be obliged to increase energy efficiency and reduce products negative environmental impacts. Regulation 244/2009 establishes ecodesign requirements specific to non-directional household lamps, i.e. lamps that emit light in all directions. The non-directional household lamps covered by the Regulation are domestic lighting products such as incandescent, CFL and LED lamps. The Regulation encourages the replacement of incandescent light bulbs by more energy-efficient ones, however these more energyefficient light bulbs usually contain mercury. Annex IV of the Regulation provides indicative benchmarks for bestperforming products and technology available on the market at the time of adopting the Regulation. With regard to mercury content of the lamps, it is indicated that the energy efficient compact fluorescent lamps with the lowest mercury content include not more than 1.23 mg mercury. The Regulation requires that the amount of mercury in the bulb (in mg) is displayed on the packaging of each lamp. There are six different stages for the gradual implementation of ecodesign requirements set by Regulation 244/2009, which extend from September 2009 through September

13 Batteries and accumulators containing certain dangerous substances LEGAL INSTRUMENT Directive 2006/66/EC of 6 September 2006 on batteries and accumulators and waste batteries and accumulators (OJ L 266, ) NB: Directive 2006/66/EC repeals and replaces Directive 91/157/EEC of 18 March 1991 on batteries and accumulators containing certain dangerous substances Directive 2006/66 prohibits the placing on the market of certain batteries and accumulators with a proportional mercury or cadmium content above a fixed threshold. The aim is to cut the amount of hazardous substances - in particular, mercury, cadmium and lead - dumped in the environment; this should be done by reducing the use of these substances in batteries and accumulators and by treating and re-using the amounts that are used. For mercury, the threshold is % by weight in batteries and accumulators, whether or not incorporated in appliances (except for button cells, which must have a mercury content of less than 2% by weight). The Directive applies to all types of batteries and accumulators, apart from those used in equipment to protect Member States' security or for military purposes, or in equipment designed to be sent into space. It therefore covers a wider range of products than Directive 91/157/EEC, which applied only to batteries containing mercury, lead or cadmium, and excluded "button cells". To ensure that a high proportion of spent batteries and accumulators are recycled, Member States must take whatever measures are needed to promote and maximise separate waste collections and prevent batteries and accumulators being thrown away as unsorted municipal refuse. Collection rates of at least 25% and 45% have to be reached by 26 September 2012 and 26 September 2016 respectively. The Directive also introduces labelling requirements in order to provide end-users with transparent, reliable and clear information on batteries and accumulators and any heavy metals they contain. The packaging of batteries, accumulators and button cells containing more than 0,0005 % mercury shall be marked with the chemical symbol Hg. Transposition deadline in Member States: 26 September Restrictions on the placing on the market had to be implemented by 26 September Measures related to treatment and recycling had to be implemented by 26 September Deadlines for achieving minimum collection targets of 25% and 45% are 26 September 2012 and 26 September 2016 respectively. 167

14 End-of-life vehicles LEGAL INSTRUMENT Directive 2000/53/EC of 18 September 2000 on end-of-life vehicles ( ELV Directive) (OJ L 269, ) Directive 2000/53/EC lays down measures which aim, as a first priority, at the prevention of waste from vehicles and, in addition, at the reuse, recycling and other forms of recovery of end-of-life vehicles and their components so as to reduce the disposal of waste, as well as at the improvement in the environmental performance of all of the economic operators involved in the life cycle of vehicles and especially the operators directly involved in the treatment of end-of-life vehicles. According to Article 4 of this Directive mercury, inter alia, is restricted in materials and components of vehicles. In particular, under Article 4(2)(a) Member States must ensure that materials and components of vehicles put on the market after 1 July 2003 do not contain mercury other than in bulbs and instrument display panels. In addition, under Article 6 Member States must ensure that end-of life vehicles are stored and treated in accordance with minimum specified technical requirements, including the removal, as far as possible, of all components identified as containing mercury. 21 April 2002 Packaging and packaging waste LEGAL INSTRUMENTS Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (OJ L 365, ), as amended by Directive 2004/12/EC of the European Parliament and of the Council of 11 February 2004 (OJ L 47, ) Commission Decision 2009/292/EC of 24 March 2009 establishing the conditions for a derogation for plastic crates and plastic pallets in relation to the heavy metal concentration levels established in Directive 94/62/EC (OJ L 79, ) Commission Decision 2001/161 of 19 February 2001 establishing the conditions for a derogation for glass packaging in relation to the heavy metal concentration levels established in Directive 94/62/EC (OJ L 62, ), as amended by Commission Decision 2006/340/EC of 8 May 2006 (OJ L 125, ) Directive 94/62/EC aims to harmonise national measures concerning the management of packaging and packaging waste in order to prevent environmental impacts in the Member States and third countries, and to avoid obstacles to trade in packaged goods. It lays down measures aimed, as a first priority, at preventing the production of packaging waste and, as additional fundamental principles, at reusing packaging, at recycling and other forms of recovering packaging waste and, hence, at reducing the final disposal of such waste. Article 10 sets a specific reduction plan for heavy metals present in packaging. The sum of concentration levels of lead, cadmium, mercury 168

15 and hexavalent chromium present in packaging or packaging components must not exceed specified levels, reducing with time. The maximum level was set at 600 ppm by weight by 30 June 1998, reducing to 100 ppm by weight by 30 June Some exemptions to these maximum levels exist for plastic crates and plastic pallets (see Decision 2009/292) and for glass packaging (see Decision 2006/340), in order to take into account issues related to the recycling of these materials. 30 June 2001 Hazardous waste LEGAL INSTRUMENT Directive 2008/98/EC of 19 November 2008 on waste and repealing certain Directives ( Waste Framework Directive ) (OJ L 312, ) Commission Decision 2000/532/EC of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste (OJ L 226, ) (as amended) NB: Directive 91/689/EEC will be repealed with effect from 12 December Its provisions have been integrated into the Waste Framework Directive. Directive 2008/98 contains general provisions on the management of hazardous wastes (e.g. mixing ban, permit requirement for establishments or undertakings, hazardous waste producer s record). Wastes are identified as hazardous based on properties listed in Annex III of the Directive. By Commission Decision 2000/532/EC a list of waste was adopted. It contains characteristics (concentration thresholds) for the majority of properties listed in Annex III of Directive 2008/98. In addition, any waste marked with an asterisk (*) is considered as hazardous waste. The annex of the Decision explicitly contains the following waste codes: * Wastes containing mercury, from natural gas purification * Waste containing mercury * Barium sulphate sludge containing mercury, from the MFSU of halogens and halogen chemical processes * Waste from gas cleaning containing mercury, from crematoria * Components containing mercury, from dismantling of vehicles * Mercury containing batteries * Construction and demolition wastes containing mercury * Amalgam waste from dental care * Fluorescent tubes and other mercury containing waste There are also other specific waste codes that include the expression containing dangerous which would include mercury. Directive 2008/98/EC: Member States have until 12 December 2010 to bring into force the requirements (until this date, Directive 91/689 remains 169

16 OTHER RELEVANT INFORMATION applicable) Decision 2000/532/EC: 1 January 2002 The determination that waste is hazardous has implications in respect of the application of other Community measures. For example, if waste is to be exported then Regulation (EC) No 1013/2006 on shipments of waste applies. This prevents hazardous waste being exported to non-oecd countries. However, as specified in the recitals of the Mercury Export Ban Regulation (No 1102/2008), in order to allow appropriate disposal of metallic mercury in the Community, the competent authorities of destination and dispatch are encouraged to avoid raising objections to shipments of metallic mercury waste. Incineration of waste LEGAL INSTRUMENT Directive 2000/76/EC of 4 December 2000 on the incineration of waste (OJ L 332, ) OTHER RELEVANT INFORMATION The aim of this Directive is to prevent or to limit as far as practicable negative effects on the environment, in particular pollution by emissions into air, soil, surface water and groundwater, and the resulting risks to human health, from the incineration and co-incineration of waste. Emission limit values for discharges of waste water from the cleaning of exhaust gases at incineration plants are established in Annex IV of the Directive. The limit value for mercury is 0.03 mg/l. Air emission limit values for incineration plants are set out in Annex V. The limit value for mercury is 0.05 mg/m3, as an average value over a minimum period of 30 minutes and a maximum of 8 hours. Mercury in emissions to air has to be measured at least twice per year; mercury in emissions to water at least once per month. These provisions apply to new installations as from 28 December 2002 and to existing installations as from 28 December Most waste incineration facilities also fall under the scope of Directive 96/61 of 24 September 1996 concerning integrated pollution prevention and control (the IPPC Directive). Where the application of the IPPC Directive would entail stricter requirements than those of Directive 2000/76, then these stricter requirements take precedence. A Best Available Techniques Reference Document (BREF) on waste incineration was published in The BREF provides indicative operational emission level ranges associated with the use of BAT for releases to air of incineration plants; for mercury and its compounds, these ranges are as follows: < 0.05 mg/nm 3 for a non-continuous sample; mg/nm 3 as a ½ hour average and mg/nm 3 as a 24h average. 170

17 Storage and landfill of waste LEGAL INSTRUMENTS Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182, ) Council Decision 2003/33/EC of 19 December 2002 establishing criteria and procedures for the acceptance of waste at landfills pursuant to Article 16 of and Annex II to Directive 1999/31/EC (OJ L 11, ) Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances ( Seveso Directive ) (OJL 010, ) Directive 1999/31/EC aims to prevent or reduce negative effects on the environment and risk to human health from the landfilling of waste. Article 4 requires that Member States classify landfills into the following categories: landfill for hazardous waste landfill for non-hazardous waste landfill for inert waste. Member States must also ensure that certain wastes are not accepted in a landfill. These include liquid waste, and any other waste that does not fulfil the acceptance criteria determined in accordance with an annex. However, the Mercury Export Ban Regulation (No 1102/2008) introduces a derogation to the prohibition of liquid waste, in order to allow metallic mercury to be stored in specific above-ground facilities (temporarily) or in salt mines or deep underground, hard rock formations (temporarily or permanently) under certain conditions to minimise pollution risks. Acceptance criteria were set out in Decision 2003/33/EC. They include specific mercury leaching values for wastes acceptable at the different classes of landfill. Decision 2003/33/EC also sets out criteria for underground storage of waste. For the acceptance of waste in underground storage sites, a sitespecific safety assessment must be carried out. Additional considerations are specified for deep storage in hard rock. Articles 7 and 8 of Directive 1999/31 require that operators of landfills apply for permits and that competent authorities ensure that certain conditions will be met in those cases where landfilling is authorised. One such condition is that landfills comply with certain technical standards set in an annex, for example concerning protection of soil and water. Another is that operators maintain adequate financial security to meet their obligations, including aftercare. According to the Mercury Export Ban Regulation (No 1102/2008), the Seveso Directive (Directive 96/82/EC) shall apply for the temporary above ground storage of liquid mercury. The Seveso directive aims at the prevention of major accidents which involve dangerous substances, and the limitation of their consequences for man and the environment, with a view to ensuring high levels of protection. The Seveso Directive requires that the possible risks of the storage of liquid mercury have to be identified and evaluated in a safety report by taking into consideration the specific properties of liquid mercury. In particular, the risks of accidental release 171

18 have to be taken into consideration and adequate measures have to be implemented to reduce on the one hand, the risk of accidental releases, and on the other hand to minimise subsequent potential negative effects to the environment. The assessment under the Seveso directive also includes possible scenarios in cases of natural disasters such as floods but also manmade threats such as terrorist attacks. Adequate management plans have to be established to fulfil these requirements. Directive 1999/31 entered into force on 16 July 1999 and was to be transposed in the Member States by 16 July Member States had until 16 July 2009 to bring existing landfills into compliance. From 15 March 2011, temporary above-ground storages of metallic mercury considered as waste according to Regulation 1102/2008 will be subject to Directive 96/82. Sewage sludge LEGAL INSTRUMENT Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture (OJ L 181, ) OTHER RELEVANT INFORMATION Directive 86/278/EEC aims to regulate the use of sewage sludge in agriculture in such a way as to prevent harmful effects on soil, vegetation, animals and humans, while encouraging its correct use. Member States must prohibit the application of sewage sludge to soil where the concentration of one or more metals in the soil exceeds the limit values laid down in a first annex. For mercury, the soil limit value is 1 to 1.5 mg/kg of dry matter for soils with a ph higher than 6 and lower than 7. Member States must also regulate the use of sludge such that the accumulation of heavy metals in soil does not exceed the limit values. They can do this in one of two ways: a) by laying down the maximum quantities of sludge which may be applied per unit of area per year while observing limit values for heavy metal concentration in sludge set in accordance with a second annex for mercury this limit value is 16 to 25 mg/kg of dry matter; or b) by observing the limit values for the quantities of metals introduced into the soil per unit of area and unit of time as specified in a third annex for mercury this limit value is 0.1 kg/ha/yr. Reference methods for sampling and analysis are specified. Member States must also ensure that up-to-date records are kept of the quantities of sludge produced and used in agriculture, the composition and properties of the sludge, the type of treatment carried out, and the place where the sludge is used. 4 July 1989 The European Commission is currently assessing whether Directive 86/278 should be reviewed. For example, since its adoption, several Member States have enacted and implemented stricter limit values for heavy metals. 172

19 Discharges of dangerous substances to water LEGAL INSTRUMENTS Directive 2000/60/EC of 23 October 2000 establishing a framework for Community action in the field of water policy ( Water Framework Directive)(OJ L 327, ) Decision 2001/2455/EC of 20 November 2001 establishing the list of priority substances in the field of water policy (OJ L 331, ) Directive 2006/11/EC of 15 February 2006 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (OJ L 64, ) Directive 2008/105/EC of 16 December 2008 on environmental quality standards in the field of water policy, amending and subsequently repealing Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive 2000/60/EC (OJ L 348, ) Directive 2000/60/EC establishes a framework for the protection of inland surface waters, transitional waters, coastal waters and groundwater. Article 16 provides for the adoption of Community measures for substances included in a list of priority substances, i.e. those which present a significant risk to or via the aquatic environment. There are two levels of measures: (i) priority substances are subject to progressive reduction of pollution; and (ii) priority hazardous substances are subject to cessation or phasing-out of emissions, discharges and losses within 20 years after adoption of measures. The list of priority substances is set out in Decision 2001/2455/EC, wherein mercury is identified as a priority hazardous substance. Directive 2008/105/EC establishes limits, known as Environmental Quality Standards (EQS), for the 33 first priority substances. For mercury and its compounds, the EQS in surface waters are 0.05 µg/l as an annual average and 0.07 µg/l as maximum allowable concentration. However, Member States may opt to apply EQS for sediment and/or biota instead of waters, in certain categories of surface water; in such case, an EQS of 20 μg/kg for mercury and its compounds will be applied, this EQS being for prey tissue (wet weight), choosing the most appropriate indicator from among fish, molluscs, crustaceans and other biota. Directive 2006/11 lays down rules for protection against, and prevention of, pollution resulting from the discharge of certain substances into the aquatic environment. It applies to inland surface water, territorial waters and internal coastal waters. To combat the pollution of these waters, two lists have been compiled of dangerous substances that need to be controlled: - pollution caused by the discharge of substances in List I must be eliminated; - pollution from the products in List II must be reduced. Mercury and its compounds are included in List I. The Directive sets quality objectives and emission limit values for List I substances based on the best available techniques. These limit values are compulsory unless the Member States prove that the quality objectives are being met and continuously maintained. All discharges of List I substances require prior authorisation by the competent authority in the Member States concerned. The authorisation is granted for a limited period and lays down emission 173

20 standards which may be more stringent than the thresholds set by Community legislation, particularly to take account of the toxicity or persistence of the substance in the environment into which it is discharged. It is up to the Member States to ensure compliance with the emission standards. OTHER RELEVANT INFORMATION Directive 2000/60 entered into force on 22 December 2000, with a deadline for transposition of 22 December The date for achievement of the environmental objectives is 22 December 2015, with ongoing implementation cycles thereafter. For mercury and other priority hazardous substances, the cessation or phasing-out of emissions, discharges and losses should be achieved within 20 years after adoption of measures. However, the recitals to Directive 2008/105/EC note that, for substances occurring naturally such as mercury, complete phase-out of emissions, discharges and losses from all potential sources is impossible. Directive 2008/105 entered into force on 13 January 2009, and Member States had until 13 July 2010 to bring into force its requirements. Directive 2006/11 will be repealed by the Water Framework Directive as from 22 December Protection of groundwater LEGAL INSTRUMENTS Directive 80/68/EEC on the protection of groundwater against pollution caused by certain dangerous substances (OJ L 20, ) Directive 2006/118/EC of 12 December 2006 on the protection of groundwater against pollution and deterioration (OJ L 372, ) NB: Directive 80/68/E will be repealed in 2013 Directive 80/68/EEC aims to prevent the pollution of groundwater by substances set out in two lists in an Annex, and as far as possible to check or eliminate the consequences of pollution which has already occurred. Mercury and its compounds are included in the List I of Families and Groups of Substances, to which the most stringent requirements apply. Direct discharges (introduction without percolation through the ground or subsoil) of substances in List I into groundwater are prohibited. Any disposal or tipping of List I substances which might lead to indirect discharge (introduction after percolation through the ground or subsoil) must be subject to prior investigation. Member States must then prohibit such activity, or authorise it provided that all the technical precautions necessary to prevent such discharge are observed. In addition, all appropriate measures deemed necessary must be taken to prevent any indirect discharge of List I substances due to activities on or in the ground other than disposal or tipping. Directive 80/68/EEC will be repealed by the Water Framework Directive in 2013, and Directive 2006/118/EC is designed to fill the legislative gap following the repeal of Directive 80/68/EEC. Directive 2006/118/EC is designed to prevent and combat groundwater pollution. Its provisions include: - criteria for assessing the chemical status of groundwater; 174