10 EU strategy for mercury
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16908/10
COM(10) 723
| Commission Communication on the review of the Community Strategy concerning mercury
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| Legal base | —
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| Document originated | 7 December 2010
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| Deposited in Parliament | 15 December 2010
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| Department | Environment, Food & Rural Affairs
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| Basis of consideration | EM of 22 December 2010
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| Previous Committee Report | None, but see footnote
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| To be discussed in Council | No date set
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
10.1 Mercury and its compounds are highly toxic to humans, especially
to the developing nervous system, as well as to wildlife populations.
It can exist in three forms — elemental, inorganic and organic
— and one of the last of these (methylmercury) gives rise
to the greatest concern. As mercury is persistent, it can accumulate
in organisms along food chains and be transported long distances,
via the atmosphere and oceans, and, although the majority of emissions
to air are elemental mercury, with the remainder in the inorganic
form, these can be transformed following deposition into methylmercury,
especially in aquatic environments.
10.2 Although mercury is released naturally, its
use by humans has led to significant increases in environmental
exposure: and, even though many applications have been discontinued,
it still has several uses, such as in measuring instruments and
dental amalgam. Also, conversion of the chlor-alkali industry
in the EU to mercury-free technology is expected to result in
12-15,000 tonnes of surplus mercury in coming years. Against this
background, the Commission put forward in January 2005 a Community
Strategy,[55] which addresses
most aspects of the mercury life cycle and aims to reduce levels
in relation to human and environmental exposure. In particular,
it identifies twenty priority actions at EU and wider international
levels, under seven headings — reducing emissions, reducing
supply, reducing demand, addressing surpluses and reservoirs,
protecting against exposure, improving understanding, and supporting
international action.
The current document
10.3 In putting forward this strategy, the Commission
also said that it would carry out a review by the end of 2010,
and it has now sought to do so in this Communication. In general,
it says that there has been significant progress in implementation
of the Strategy, with delivery on almost all the actions identified,
and that there are currently no proposals for legislation or additional
action, because it is awaiting the adoption of a global legally
binding instrument on mercury under the UN Environment Programme
(UNEP), which is expected to be agreed in 2013.
10.4 In the meantime, the Commission summarises the
key action taken under the various headings in the strategy:
Reducing Emissions
The Commission observes that implementation of the
new Industrial Emissions Directive (2010/75/EU) is expected to
accelerate the replacement of mercury-based technologies and reduce
emissions in a range of industrial sectors, including cement production,
non-ferrous metal industries, large combustion plants, waste incineration
and chlor-alkali manufacturing. It says that it will review by
the end of 2012 whether there is a need to lower thresholds in
the Directive for applying the rules for large combustion plants,
in order to encompass small-scale installations.
Reducing Supply
The Commission notes that, in order to reduce the
amount of mercury reaching the global market, Regulation (EC)
No 1102/2008 will prohibit the export of metallic mercury and
certain mercury compounds and mixtures/alloys from the EU as from
15 March 2011.
Reducing Demand
The Commission says that reports on the use of dental
amalgam have not been conclusive as regards the need for additional
regulatory measures to restrict its use, and that it will therefore
undertake a full lifecycle assessment, which is expected to be
completed by the end of 2011. In the meantime, it notes that Directive
2007/51/EC prohibits the placing on the market of mercury in fever
thermometers and other mercury-containing measuring devices[56]
intended for sale to the general public (though the restrictions
do not apply to devices already in use or sold second hand, or
to those in the latter category which were more than 50 years
old on 3 October 2007). It also says that a public consultation
is currently being held on a report by European Chemicals Agency
(ECHA), proposing the extension of these restrictions to other
measuring devices in healthcare and professional and industrial
uses, and that the opinions of the relevant Committees under the
Chemicals Regulation (REACH) are expected to be submitted in September
2011, following which it will decide whether to introduce legislation
to give effect to these proposals within
the EU.
Addressing Surpluses and Reservoirs
The Commission points out that Regulation 1102/2008/EC
restricts the export of metallic mercury and certain mercury compounds
and mixtures, classifies certain metallic mercury as waste and
requires the storage of this waste in ways which are safe for
human health and the environment. It adds that specific criteria
for the safe, temporary storage of waste metallic mercury are
presently under development, and are expected to be adopted by
the Commission in early 2011 within the context of Council Directive
1999/31/EC on the landfill of waste.
Protecting Against Exposure
The Commission says that it issued an Information
Note to Member States in April 2008, providing advice on the maximum
quantities of certain fish to be consumed by vulnerable groups
(pregnant and breast-feeding women and young children).
Improving Understanding
The Commission comments that a number of research
projects addressing mercury have been funded by the EU, and that
the Global Mercury Observation System, involving 24 partner countries,
was established in November 2010 to provide key information on
the global atmospheric transport of mercury in order to evaluate
the effectiveness of mercury emissions reduction strategies. Also,
it launched in 2009 a study on "Scientific support in relation
to the EU Mercury Policy", to analyse existing research results
of policy relevance, the results of which are expected in 2011.
Supporting International Action
The Commission says that it and Member States have
engaged in a number of international fora, raising awareness and
seeking solutions to mercury issues. As well as negotiations on
a global legally binding instrument, these have included the UNEP
Global Mercury Programme, especially aimed at reducing mercury
emissions from coal combustion, and the UN Economic Convention
for Europe Convention on Long Range Trans-boundary Air Pollution,
where the EU has proposed the addition of a number of mercury-containing
products to the Protocol.
The Government's view
10.5 In his Explanatory Memorandum of 22 December
2010, the Parliamentary Under-Secretary at the Department for
Environment, Food & Rural Affairs (Lord Henley) says that
mercury has been recognised as a priority pollutant for many years,
and that a number of national, European and international efforts
have been initiated to reduce emissions to the environment. He
adds that the use of mercury has been greatly reduced in the UK
in recent decades and emissions
to air, water and soils, as well as its export from the EU and
applications in batteries, paint and seed dressings, fever thermometers
and other measuring devices intended for sale to the general public,
are regulated under a range of European Directives.
10.6 The Minister says that in general the UK continues
to be supportive of the approach adopted by the Community Strategy,
and is content with the progress made. It fully agrees with the
Commission's intention to await adoption of a global legally binding
instrument on mercury before evaluating the need for further review
of the Strategy, and it also continues to support strongly the
need for the Commission to work closely with Member States, industry
and non-governmental organisations on all aspects of the Strategy,
particularly with regard to the continuing work on whether to
extend marketing restrictions on mercury in measuring and control
equipment, and the issue of dental amalgam.
Conclusion
10.7 Since this document is simply a report on
the implementation of the Community strategy for mercury, and
contains no new proposals, we are content to clear it. However,
we believe that the particular environmental and health problems
presented by mercury are sufficiently important to justify our
drawing its contents to the attention of the House. In particular,
we note that the Commission considers good progress has been made
under the various headings in the strategy, and that it will take
further stock of the position when a globally binding instrument
has been agreed under the UN Environment Programme.
55 (26348) 5999/05: see HC 38-xi (2004-05), chapter
7 (15 March 2005). Back
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Such as barometers, non-fever thermometers, sphygmomanometers. Back
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