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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)

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)

This Regulation shall be binding in its entirety and directly applicable in all Member States.

1. Panoramica

CHAPTER I GENERAL PROVISIONS

CHAPTER II TRADE AND MANUFACTURING RESTRICTIONS CONCERNING MERCURY, MERCURY COMPOUNDS, MIXTURES OF MERCURY AND MERCURY-ADDED PRODUCTS

CHAPTER III RESTRICTIONS ON USE AND STORAGE OF MERCURY, MERCURY COMPOUNDS AND MIXTURES OF MERCURY

CHAPTER IV DISPOSAL OF WASTE AND MERCURY WASTE

CHAPTER V PENALTIES, COMPETENT AUTHORITIES AND REPORTING

CHAPTER VI DELEGATED AND IMPLEMENTING POWERS

CHAPTER VII FINAL PROVISIONS

ANNEX I

Mercury compounds subject to Article 3(2) and (3) and Article 7(3) and mixtures of mercury subject to Article 3(2), Article 4(1) and Article 7(3)

Mercury compounds prohibited for export from 1 January 2018:

—

Mercury (I) chloride (Hg2Cl2, CAS RN 10112-91-1)

—

Mercury (II) oxide (HgO, CAS RN 21908-53-2)

—

Cinnabar ore

—

Mercury sulfide (HgS, CAS RN 1344-48-5)

Mercury compounds prohibited for export from 1 January 2020:

—

Mercury (II) sulphate (HgSO4, CAS RN 7783-35-9)

—

Mercury (II) nitrate (Hg(NO3)2, CAS RN 10045-94-0)

Mixtures of mercury prohibited for export and import from 1 January 2018:

—

Mixtures of mercury with other substances, including alloys of mercury, with a mercury concentration of at least 95 % by weight.

ANNEX II

Mercury-added products referred to in Article 5

Part A — Mercury-added products

Mercury-added products	Date from which the export, import and manufacturing of the mercury-added products are prohibited
1. Batteries or accumulators that contain more than 0,0005 % of mercury by weight.	31.12.2020
2. Switches and relays, except very high accuracy capacitance and loss measurement bridges and high frequency radio frequency switches and relays in monitoring and control instruments with a maximum mercury content of 20 mg per bridge, switch or relay.	31.12.2020
▼M4
2a. Very high accuracy capacitance and loss measurement bridges and high frequency radio frequency switches and relays in monitoring and control instruments with a maximum mercury content of 20 mg per bridge, switch or relay, except those used for research and development purposes.	31.12.2025
▼B
3. Compact fluorescent lamps (CFLs) for general lighting purposes: (a) CFL.i ≤ 30 watts with a mercury content exceeding 2,5 mg per lamp burner; (b) CFL.ni ≤ 30 watts with a mercury content exceeding 3,5 mg per lamp burner.	31.12.2018
▼M2
3a. Compact fluorescent lamps with an integrated ballast (CFL.i) for general lighting purposes that are ≤ 30 watts with a mercury content not exceeding 2,5 mg per lamp burner.	31.12.2025
▼M3
3b. All other compact fluorescent lamps (CFLs) for general lighting purposes that are not included in entries 3 and 3a.	31.12.2025
▼B
4. The following linear fluorescent lamps (LFLs) for general lighting purposes: (a) Triband phosphor < 60 watts with a mercury content exceeding 5 mg per lamp; (b) Halophosphate phosphor ≤ 40 watts with a mercury content exceeding 10 mg per lamp.	31.12.2018
▼M3
4a. Tri-band phosphor lamps for general lighting purposes that are not included in entry 4, point (a).	31.12.2026
4b. Halophosphate phosphor lamps for general lighting purposes that are not included in entry 4, point (b).	31.12.2025
4c. Non-linear tri-band phosphor lamps.	31.12.2026
4d. Non-linear halophosphate phosphor lamps.	31.12.2025
▼B
5. High pressure mercury vapour lamps (HPMVs) for general lighting purposes.	31.12.2018
▼M3
5a. High pressure sodium (vapour) lamps (HPS) for general lighting purposes with: (a) P ≤ 105 W exceeding 16 mg Hg; (b) 105 W < P ≤ 155 W exceeding 20 mg Hg; (c) P > 155 W exceeding 25 mg Hg.	31.12.2025
▼B
6. The following mercury-added cold cathode fluorescent lamps and external electrode fluorescent lamps (CCFLs and EEFLs) for electronic displays: (a) short length (≤ 500 mm) with mercury content exceeding 3,5 mg per lamp; (b) medium length (> 500 mm and ≤ 1 500 mm) with mercury content exceeding 5 mg per lamp; (c) long length (> 1 500 mm) with mercury content exceeding 13 mg per lamp.	31.12.2018
▼M2
6a. Cold cathode fluorescent lamps (CCFL) and external electrode fluorescent lamps (EEFL) of all lengths for electronic displays, that are not included in entry 6.	31.12.2025
▼B
7. Cosmetics with mercury and mercury compounds, except those special cases included in entries 16 and 17 of Annex V to Regulation (EC) No 1223/2009 of the European Parliament and of the Council (1).	31.12.2020
8. Pesticides, biocides and topical antiseptics.	31.12.2020
9. The following non-electronic measuring devices: (a) barometers; (b) hygrometers; (c) manometers; (d) thermometers and other non-electrical thermometric applications; (e) sphygmomanometers; (f) strain gauges to be used with plethysmographs; (g) mercury pycnometers; (h) mercury metering devices for determination of the softening point. This entry does not cover the following measuring devices: — non-electronic measuring devices installed in large-scale equipment or those used for high precision measurement where no suitable mercury-free alternative is available; — measuring devices more than 50 years old on 3 October 2007; — measuring devices which are to be displayed in public exhibitions for cultural and historical purposes.	31.12.2020
▼M2
10. The following electrical and electronic measuring devices except those installed in large-scale equipment or those used for high precision measurement where no suitable mercury-free alternative is available: (a) melt pressure transducers; (b) melt pressure transmitters; (c) melt pressure sensors.	31.12.2025
11. Other mercury-added products: (a) Mercury vacuum pumps; (b) Tyre balancers and wheel weights; (c) Photographic film and paper; (d) Propellant for satellites and spacecraft.	31.12.2025
▼B
(1) Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (OJ L 342, 22.12.2009, p. 59).

Part B — Additional products excluded from the list in Part A of this Annex

Switches and relays, cold cathode fluorescent lamps and external electrode fluorescent lamps (CCFLs and EEFLs) for electronic displays and measuring devices, when they are used to replace a component of larger equipment and provided that no feasible mercury-free alternative for that component is available, in accordance with Directive 2000/53/EC of the European Parliament and of the Council ( 5 ) and Directive 2011/65/EU.

ANNEX III

Mercury-related requirements applicable to manufacturing processes referred to in Article 7(1) and (2)

Part I: Prohibited use of mercury or mercury compounds, whether in pure form or in mixtures, in manufacturing processes

(a)

from 1 January 2018: manufacturing processes in which mercury or mercury compounds are used as a catalyst;

(b)

by way of derogation from point (a), the production of vinyl chloride monomer shall be prohibited from 1 January 2022;

(c)

from 1 January 2022: manufacturing processes in which mercury is used as an electrode;

(d)

by way of derogation from point (c), from 11 December 2017: chlor-alkali production in which mercury is used as an electrode;

(e)

by way of derogation from point (c), the production of sodium or potassium methylate or ethylate shall be prohibited from 1 January 2028;

(f)

from 1 January 2018: the production of polyurethane, to the extent not already restricted or prohibited in accordance with entry 62 of Annex XVII to Regulation (EC) No 1907/2006.

Part II: Manufacturing processes subject to restrictions on use and releases of mercury and mercury compounds

Production of sodium or potassium methylate or ethylate

The production of sodium or potassium methylate or ethylate shall be carried out in accordance with point (e) of Part I and subject to the following conditions:

(a)

no use of mercury from primary mercury mining;

(b)

reduction of direct and indirect release of mercury and of mercury compounds into air, water and land in terms of per unit production by 50 % by 2020 as compared to 2010;

(c)

supporting research and development in respect of mercury-free manufacturing processes; and

(d)

as from 13 June 2017, the capacity of installations using mercury and mercury compounds for the production of sodium or potassium methylate or ethylate that were in operation before that date shall not be increased and no new installations shall be allowed.

ANNEX IV

Content of the national plan on artisanal and small-scale gold mining and processing referred to in Article 9

The national plan shall include the following information:

(a)

national objectives and reduction targets to eliminate the use of mercury and mercury compounds;

(b)

actions to eliminate:

(i)

whole ore amalgamation;

(ii)

open burning of amalgam or processed amalgam;

(iii)

burning of amalgam in residential areas; and

(iv)

cyanide leaching in sediment, ore or tailings to which mercury has been added without first removing the mercury;

(c)

steps to facilitate the formalization or regulation of the artisanal and small-scale gold mining and processing sector;

(d)

baseline estimates of the quantities of mercury used and the practices employed in artisanal and small-scale gold mining and processing within its territory;

(e)

strategies for promoting the reduction of emissions and releases of, and exposure to, mercury in artisanal and small-scale gold mining and processing, including mercury-free methods;

(f)

strategies for managing trade and preventing the diversion of mercury and mercury compounds from both foreign and domestic sources to use in artisanal and small-scale gold mining and processing;

(g)

strategies for involving stakeholders in the implementation and continuing development of the national plan;

(h)

a public health strategy on the exposure of artisanal and small-scale gold miners and their communities to mercury which shall include, inter alia, the gathering of health data, training for health-care workers and awareness-raising through health facilities;

(i)

strategies to prevent the exposure of vulnerable populations, particularly children and women of child-bearing age, especially pregnant women, to mercury used in artisanal and small-scale gold mining and processing;

(j)

strategies for providing information to artisanal and small-scale gold miners and affected communities; and

(k)

a schedule for the implementation of the national plan.

ANNEX V

Correlation table

Regulation (EC) No 1102/2008	This Regulation
Article 1(1)	Article 3(1) and (2)
Article 1(2)	Article 3(3)
Article 1(3)	Article 3(4)
Article 2	Article 11
Article 3(1)(a)	Article 13(3)(a)
Article 3(1)(b)	Article 13(1)
Article 3(1), second subparagraph	Article 13(1), first subparagraph and Article 13(3), third subparagraph
Article 3(2)	—
Article 4(1)	Article 13(1)
Article 4(2)	Article 13(1)
Article 4(3)	—
Article 5(1)	—
Article 5(2)	—
Article 5(3)	—
Article 6(1)(a)	—
Article 6(1)(b)	Article 12(1)(a)
Article 6(1)(c)	Article 12(1)(b) and (c)
Article 6(2)(a)	Article 12(1)(a)
Article 6(2)(b)	Article 12(1)(b) and (c)
Article 6(3)	Article 12(1)
Article 6(4)	—
Article 7	Article 16
Article 8(1)	—
Article 8(2)	—
Article 8(3)	—
Article 8(4)	—
Article 8(5)	—
Article 9	—

1.1 Riferimenti

1.2 Requisiti identificati

1.3 Standard correlati

2. Requisiti identificati

Requisiti
Fonte	Requisito

3. Standard correlati

Standard
Fonte	Requisito

Ticket collegati

Collegamenti
Tipo di collegamento	Ticket
is related to	Imported: Verordnung (EU) 2017/852 über Quecksilber (CELEX:02017R0852-20260320)

Builddate: 20.03.2026 00:00:00 -Doknr: CELEX:32017R0852
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