Mercury

CAS number:
7439-97-6

Date circular:
12/12/2022

Chemical name: Mercury

Final regulatory action has been taken for the category: Industrial

Final regulatory action: The chemical is Severely Restricted

Use or uses prohibited by the final regulatory action:

Regulation (EC) 1907/2006 (REACH)

Mercury shall not be placed on the market:

-in fever thermometers;

-in other measuring devices intended for sale to the general public (such as manometers, barometers, sphygmomanometers, thermometers other than fever thermometers).

The following mercury-containing measuring devices intended for industrial and professional uses shall not be placed on the market:

-barometers;

-hygrometers;

-manometers;

-sphygmomanometers;

-strain gauges to be used with plethysmographs;

-tensiometers;

-thermometers and other non-electrical thermometric applications.

-mercury pycnometers;

-mercury metering devices for determination of the softening point.

Directive 2006/66/EC

Without prejudice to Directive 2000/53/EC on end-of life vehicles, Member States shall prohibit the placing on the market of all batteries or accumulators, whether or not incorporated into appliances, that contain more than 0,0005 % of mercury by weight.

Directive 2011/65/EU (RoHS)

Member States shall ensure that electric and electronic equipment placed on the market, including cables and spare parts for its repair, its reuse, updating of its functionalities or upgrading of its capacity, does not contain mercury in concentrations above 0,1 %. Certain applications are exempted from this restriction (see section below).

Regulation (EU) 2017/852 on mercury

Regulation (EU) 2017/852 establishes a progressive restriction on the use of mercury and mercury compounds in industrial manufacturing processes. The use of mercury and mercury compounds in the following manufacturing processes have already been banned in the EU:

1.Manufacturing processes in which mercury or mercury compounds are used as a catalyst;

2.Most manufacturing processes (including chlor-alkali production) in which mercury is used as an electrode, with the exemption of those listed in the section below;

3.The production of polyurethane.

The manufacturing, import and export of the following mercury added products is prohibited:

1.Batteries or accumulators that contain more than 0,0005 % of mercury by weight.

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.

3.Compact fluorescent lamps (CFLs) for general lighting purposes:

oCFL.i = 30 watts with a mercury content exceeding 2,5 mg per lamp burner;

oCFL.ni = 30 watts with a mercury content exceeding 3,5 mg per lamp burner.

4.The following linear fluorescent lamps (LFLs) for general lighting purposes:

oTriband phosphor 60 watts with a mercury content exceeding 5 mg per lamp;

oHalophosphate phosphor = 40 watts with a mercury content exceeding 10 mg per lamp.

5.High pressure mercury vapour lamps (HPMVs) for general lighting purposes.

6.The following mercury-added cold cathode fluorescent lamps and external electrode fluorescent lamps (CCFLs and EEFLs) for electronic displays:

oshort length (= 500 mm) with mercury content exceeding 3,5 mg per lamp;

omedium length ( 500 mm and = 1 500 mm) with mercury content exceeding 5 mg per lamp;

olong length ( 1 500 mm) with mercury content exceeding 13 mg per lamp.

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.

8.Pesticides, biocides and topical antiseptics.

9.The following non-electronic measuring devices:

obarometers;

ohygrometers;

omanometers;

othermometers and other non-electrical thermometric applications;

osphygmomanometers;

ostrain gauges to be used with plethysmographs;

omercury pycnometers;

omercury metering devices for determination of the softening point.

The use of mercury in artisanal and small-scale gold mining and processing in which mercury amalgamation is used to extract gold from ore is prohibited.

From 1 January 2019, dental amalgam can only be used in pre-dosed encapsulated form. The use of mercury in bulk form by dental practitioners is prohibited. From 2018 dental amalgam shall not be used for dental treatment of deciduous teeth, of children under 15 years and of pregnant or breastfeeding women, except when deemed strictly necessary by the dental practitioner based on the specific medical needs of the patient.

Art. 8 of Regulation (EU) 2017/852 sets a regulatory regime under which the manufacturing and placing on the market of new Mercury Added Products (MAPs) and the use of new processes are prohibited unless authorised by the Commission under its Art. 8 (6) or allowed under Art. 4(6) of the RoHS Directive.

A new MAP is accordingly defined under Art. 8(1) as one that was not being manufactured prior to 1 January 2018 whilst a new process is defined under Art. 8(2) as one that was not being used prior to 1 January 2018. An indicative, non-exhaustive list of MAPs and manufacturing processes is available, together an indicative non-exhaustive list of EU legal instruments directly or indirectly covering them is available in the following link:

https://circabc.europa.eu/sd/a/ef04cabe-8f8e-484f-8e2f-dcbbc352c5a2/Inventory%20art%208(7)%20Mercury%20Reg%202018-07-02.pdf

Use or uses that remain allowed:

Regulation (EU) 2017/852 on mercury

The use of mercury or mercury compounds, whether in pure form or in mixtures, in the following manufacturing processes:

1.Regarding manufacturing processes in which mercury is used as an electrode, production of sodium or potassium methylate or ethylate remains allowed until 1 January 2028. Chlor-alkali production in which mercury is used as an electrode is prohibited from 11 December 2017.

2.The use of mercury and mercury compounds in the production of sodium or potassium methylate or ethylate shall be until January 2028, subject to the following conditions:

ono use of mercury from primary mercury mining;

oreduction 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;

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

oas 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.

The manufacturing, import and export of the following mercury added products is allowed:

1.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 on end-of life vehicles and Directive 2011/65/EU (RoHS).

2.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.

The manufacturing and use of mercury-added products for research, for calibration of instrumentation, or for use as a reference standard is permitted as well as products that are essential for civil protection and military uses;

The use of non-electronic measuring devices installed in large-scale equipment or those used for high precision measurement where no suitable mercury-free alternative is available is permitted.

Manufacture and placing on the market of the following new mercury added products is permitted for:

1.equipment which is necessary for the protection of the essential interests of the security of Member States, including arms, munitions and war material intended for specifically military purposes;

2.equipment designed to be sent into space;

3.technical improvements made to or the redesign of mercury-added products that were being manufactured prior to 1 January 2018 provided that such improvements or redesign lead to less mercury being used in those products.

The use of mercury and mercury compounds in the following manufacturing processes is permitted:

1.Isotope separation, in particular lithium-6 and lithium-7 (e.g. COLEX process);

2.Production e.g. of tetraethyl lead, y-keto acids and vitamin B-2;

3.Fire gilding and mercury silvering.

Manufacturing and use of Dental amalgams in pre-dosed encapsulated form is permitted. The use of amalgam separators in dental facilities in which dental amalgam is used or dental amalgam fillings or teeth containing such fillings are removed is mandatory, in order to protect dental practitioners and patients from mercury exposure and to ensure that the resulting waste is collected and disposed of in accordance with sound waste management and under no circumstances released into the environment.

The review undertaken by the European Commission (COM/2020/378 final https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1597885340723&;uri=CELEX:52020DC0378) makes clear that the phase out of the largest remaining use of mercury in the EU - dental amalgam - is technically and economically feasible, before 2030. Therefore, the Commission will present to the European Parliament and the Council in 2022 a legislative proposal to phase out the use of dental amalgam.

Directive 2011/65/EU (RoHS)

The use of mercury is allowed for the following medical devices and monitoring and control instrument:

1.Detectors for ionising radiation;

2.Infra-red light detectors;

3.Reference electrodes: low chloride mercury chloride, mercury sulphate and mercury oxide;

4.Very high accuracy capacitance and loss measurement bridges and in high frequency RF switches and relays in monitoring and control instruments not exceeding 20 mg of mercury per switch or relay.

The use of mercury is allowed for the following applications:

1.Mercury in single capped (compact) fluorescent lamps not exceeding (per burner):

(a)For general lighting purposes 30 W: 2.5 mg

(b)or general lighting purposes = 30 W and 50 W: 3.5 mg

(c)For general lighting purposes = 50 W and 150 W: 5 mg

(d)For general lighting purposes = 150 W: 15 mg

(e)For general lighting purposes with circular or square structural shape and tube diameter = 17 mm: 7 mg

(f)For special purposes: 5 mg

2.Mercury in double-capped linear fluorescent lamps for general lighting purposes not exceeding (per lamp):

(a)Tri-band phosphor with normal lifetime and a tube diameter 9 mm (e.g. T2): 4 mg

(b)Tri-band phosphor with normal lifetime and a tube diameter = 9 mm and = 17 mm (e.g. T5): 3 mg

(c)Tri-band phosphor with normal lifetime and a tube diameter 17 mm and = 28 mm (e.g. T8): 3.5 mg

(d)Tri-band phosphor with normal lifetime and a tube diameter 28 mm (e.g. T12): 3.5 mg

(e)Tri-band phosphor with long lifetime (= 25 000 h): 8 mg: 3.5 mg

3.Mercury in other fluorescent lamps not exceeding (per lamp):

(a)Non-linear tri-band phosphor lamps with tube diameter 17 mm (e.g. T9): 15 mg

(b)Lamps for other general lighting and special purposes (e.g. induction lamps) 15 mg

4.Mercury in cold cathode fluorescent lamps and external electrode fluorescent lamps (CCFL and EEFL) for special purposes not exceeding (per lamp):

(a)Short length (= 500 mm): 3.5 mg

(b)Medium length ( 500 mm and = 1 500 mm): 5mg

(c)Long length ( 1 500 mm): 13 mg

(d)Mercury in other low pressure discharge lamps (per lamp): 15 mg

5.Mercury in High Pressure Sodium (vapour) lamps for general lighting purposes not exceeding (per burner) in lamps with improved colour rendering index Ra 60:

(a)P = 155 W: 30 mg

(b)155 W P = 405 W: 40 mg

(c)P 405 W: 40 mg

6.Mercury in other High Pressure Sodium (vapour) lamps for general lighting purposes not exceeding (per burner):

(a)P = 155 W: 25 mg

(b)155 W P = 405 W: 30 mg

(c)P 405 W: 40 mg

7.Mercury in metal halide lamps (MH)

8.Mercury in other discharge lamps for special purposes not specifically mentioned in this Annex III of RoHS

In December 2021, the European Commission adopted 12 delegated acts concerning exemptions for the use of mercury in lamps (including compact fluorescent lamps CFL, triband phosphor LFLs, CCFL and EEFL. These delegated acts will phase out some of those applications in a short time period (2023 - 2025).

https://environment.ec.europa.eu/topics/waste-and-recycling/rohs-directive_en

Directive 2006/66/EC

The use of mercury is allowed for portable batteries and accumulators intended for use in:

1. emergency and alarm systems, including emergency lighting;

2. medical equipment.

Regulation (EC) 1907/2006 (REACH)

The use of Mercury-containing measuring devices is allowed for the following exemptions:

1.Mercury-containing measuring sphygmomanometers as reference standards in clinical validation studies of mercury-free sphygmomanometers;

2.Mercury-containing measuring devices more than 50 years old on 3 October 2007;

3.Mercury-containing measuring devices which are to be displayed in public exhibitions for cultural and historical purpose;

4.Mercury-containing measuring devices that were in use in the Community before 3 April 2009. However, Member States may restrict or prohibit the placing on the market of such measuring devices.

The final regulatory action was based on a risk or hazard evaluation: Yes

Summary of the final regulatory action:

The use of mercury is severely restricted in the European Union pursuant to Regulation (EU) 2017/852 on mercury, Regulation (EC) 1907/2006 (REACH), Directive 2011/65/EU (RoHS) and Directive 2006/66/EC (batteries and accumulators).

In 2006, Directive 2006/66/EC introduced a prohibition on the placing on the market of batteries and accumulators containing mercury.

In 2007, Directive 2007/51/EC introduced a restriction under Directive 76/769/EEC on the placing on the market of mercury in fever thermometers and in other measuring devices intended for sale to the general public.

Regulation (EC) No 1907/2006 (REACH) repealed Directive 76/769/EEC. Commission Regulation (EC) No 552/2009 amended Annex XVII to REACH by incorporating in entry 18.a the restrictions on certain measuring devices containing mercury that was adopted under Directive 2007/51/EC.

In 2011, Directive 2011/65/EU (RoHS) stablished a restriction on the placing on the market of electric and electronic equipment to a maximum concentration value of 0.1% of mercury, allowing exemptions for certain applications for a limited time period.

Commission Regulation (EU) No 847/2012 amended Annex XVII to REACH by incorporating in in entry 18.a. a restriction on the placing on the market of mercury-containing and mercury-using measuring devices intended for industrial and professional uses. The restriction started to apply from 10 April 2014.

Regulation (EU) 2017/852 on mercury was adopted on May 2017. This regulation complements the European Union acquis and lays down the provisions that are needed to ensure the complete alignment of the European Union acquis with the Minamata Convention on Mercury establishing measures and conditions concerning the use and storage of and trade in mercury, mercury compounds and mixtures of mercury, and the manufacture and use of and trade in mercury-added products, and the management of mercury waste.

The reasons for the final regulatory action were relevant to: Human health and environment

Summary of known hazards and risks to human health:

Mercury is a chemical of global concern owing to its long-range atmospheric transport, its persistence in the environment once anthropogenically introduced, its ability to bioaccumulate in ecosystems and its significant negative effects on human health, which include significant adverse neurological and other health effects, with particular concerns expressed about its harmful effects on infants and unborn children.

Mercury can be transformed to methylmercury, the most toxic form, which biomagnifies especially in the aquatic food chain, making populations and wildlife with a high intake of fish and seafood particularly vulnerable.

Expected effect of the final regulatory action in relation to human health:

Reduction of risk for human health from the use of mercury.

Summary of known hazards and risks to the environment:

Expected effect of the final regulatory action in relation to the environment:

Reduction of risk for the environment from the use of mercury.

Date of entry into force of the final regulatory action: 13/06/2017

Directive 2006/66/EC entered into force on 26 September 2006.

Directive 2007/51/EC started to apply on 3 April 2009.

Commission Regulation (EC) No 552/2009 entered into force on 27 June 2009.

Directive 2011/65/EU entered into force on 21 July 2011.

Commission Regulation (EU) No 847/2012 started to apply from 10 April 2014.

Regulation (EU) 2017/852 entered into force on 13 June 2017.