Regulation (EU) 2017/852: Mercury for Safe Industrial Facilities
Ensure compliance with European restrictions on the use, trade, and storage of mercury. Regulation (EU) 2017/852 governs industrial processes, dental amalgam, and mercury waste management under the Minamata Convention.
2018
EU mercury mining ban in effect
Dental Amalgam
Restricted for minors and pregnant women since 2019
Hazardous Waste
Surplus metallic mercury classified since 2011
What is Regulation (EU) 2017/852?
Regulation (EU) 2017/852 lays down measures and conditions concerning various products, industrial processes, and activities involving mercury or mercury compounds, as well as the production, import, and export of mercury within the European Union.
The regulation transposes and implements the Minamata Convention on Mercury at European level, tightening obligations in several respects beyond the international treaty to reduce anthropogenic mercury emissions and releases that threaten human health and ecosystems.
Its scope covers everything from primary mining, already banned in EU territory, to the use of dental amalgam, chlor-alkali industrial processes, and the final management of mercury as hazardous waste.
Who must comply with the Mercury Regulation?
Any operator handling, trading, importing, exporting, or generating mercury waste within European Union territory has obligations under this regulation.
Industrial facilities
Chlor-alkali processes, manufacture of mercury-added products, use of catalysts. Registration and emissions control mandatory.
Dental clinics
Dental amalgam restrictions for vulnerable groups, mandatory use of pre-dosed capsules and amalgam separators.
Waste managers
Safe storage, solidification, and transport of metallic mercury classified as hazardous waste under specific regulations.
Importers and exporters
Notification to the European Commission, prior informed consent from origin or destination countries, strict control of mercury mixtures.
Benefits of Mercury Regulation compliance
Adapting industrial processes to mercury restrictions delivers significant legal, reputational, and environmental advantages.
Avoid environmental penalties
Documented compliance reduces the risk of administrative fines and facility closures due to unlawful mercury management.
Worker protection
Reduces occupational exposure to mercury, a substance highly toxic to the nervous system, kidneys, and fetal development.
Environmental reputation
Demonstrating compliance with Minamata and the European Regulation strengthens corporate image with customers, investors, and authorities.
Transition to alternatives
Anticipating mercury substitution with alternative technologies reduces future costs of regulatory and waste adaptation.
Mercury Regulation compliance process
A clear roadmap to identify risks, adapt processes, and document compliance with European mercury regulations.
Mercury usage inventory
Identify all processes, products, and equipment containing or using mercury at the facility, including stored surpluses.
Applicable regulatory analysis
Determine which restrictions, prohibitions, and registration obligations apply based on the type of activity and mercury use.
Alternative assessment
Study alternative technologies and substances to mercury for industrial processes, minimizing future dependence.
Waste and surplus management
Establish procedures for safe storage, solidification, and delivery of residual mercury to an authorized waste manager.
Documentation and registration
Compile usage records, emissions reports, and compliance evidence for inspections by environmental authorities.
Frequently asked questions — Regulation (EU) 2017/852 Mercury
What is Regulation (EU) 2017/852 on mercury?
Regulation (EU) 2017/852 governs the use, trade, import, export, and storage of mercury and its compounds within the European Union. It transposes the Minamata Convention at European level and sets strict restrictions to protect human health and the environment from anthropogenic mercury emissions and releases.
Which industrial activities are restricted by the Mercury Regulation?
Primary mercury mining and extraction (banned since 2018), manufacture of mercury-added products (thermometers, barometers, certain switches), industrial processes using mercury as a catalyst or electrode (chlor-alkali), and management of mercury as hazardous waste. The export and import of metallic mercury and mixtures is also regulated.
How does the Regulation affect dental amalgam?
Since 1 January 2019, the European Union has banned the use of mercury-based dental amalgam for treating deciduous teeth, children under 15, and pregnant or breastfeeding women, unless the dentist deems it strictly necessary. Additionally, since July 2018, dental clinics must use pre-dosed capsules to prevent mercury release into wastewater.
What obligations apply to industrial facilities using mercury?
Facilities must register mercury use with the competent authority, apply best available techniques (BAT) to minimize emissions, manage residual mercury as hazardous waste under the Waste Framework Regulation, and ensure safe storage of surplus metallic mercury classified as waste since 2011.
Can mercury be exported or imported within the EU?
Export of metallic mercury from the EU is prohibited except for very limited exceptions related to uses permitted under the Minamata Convention. Import requires prior informed consent from the exporting country and notification to the European Commission, with special controls on mercury mixtures and compounds intended for artisanal gold mining, an activity banned in the EU.
What penalties does non-compliance with the Mercury Regulation entail?
Penalties vary by Member State but include significant administrative fines, facility closure orders for non-compliant installations, product withdrawal from the market, and in serious cases, criminal liability for unlawful hazardous waste management. Environmental authorities conduct periodic inspections at facilities with mercury-using processes.
How should metallic mercury waste be managed?
Metallic mercury classified as waste must be delivered to authorized waste managers for safe temporary storage prior to permanent solidification, in accordance with the Regulation's technical requirements. Permanent underground storage without specific safeguards is prohibited, and transport must comply with dangerous goods regulations.
How does the Regulation relate to the Minamata Convention?
Regulation (EU) 2017/852 implements at European level the commitments undertaken by the EU upon ratifying the Minamata Convention on Mercury, a 2013 United Nations international treaty. The EU goes beyond the Convention's minimum requirements in aspects such as the dental amalgam ban for vulnerable groups and phase-out timelines for industrial uses.
Ensure Regulation (EU) 2017/852 compliance at your facility
Our specialists analyze your industrial processes, identify mercury uses subject to restriction, and design the adaptation and waste management plan under the Minamata Convention.
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