Chemical name: Mercury Final regulatory action has been taken for the category: Industrial Final regulatory action: The chemical is Banned Use or uses prohibited by the final regulatory action: The ordinance (1998:944) prohibits: - placing on the market or use of mercury - placing articles containing mercury on the market In addition to the prohibition of export of metallic mercury under regulation (EC) nr 1102/2008, mercury and articles containing mercury may not be commercially exported from Sweden. Use or uses that remain allowed: 1. mercury naturally present in coal, ore or ore concentrates; 2. batteries containing less than 0.0005 % by weight of mercury; 3. packaging and packaging components; 4. motor vehicles and their trailers covered by the provisions concerning the approval of vehicles in Ordinance (2009: 211); 5. light trucks and passenger cars other than the EU-approved cars covered by 2 Regulation (2003: 208) concerning prohibition of certain metals in cars; 6. products for in vitro diagnostics subject to the Act (1993: 584) concerning medical devices; 7. commercial exportation of dental amalgams as subject to the Act (1993: 584) concerning medical devices, when export is made to another country in the European Union or European Economic Area; 8. human and veterinary medicines covered by the Medicines Act (2015: 315) and the European Parliament and Council Regulation (EC) No 726/2004; 9. if a similar ban on the placing on the market or use the provisions of Annex XVII to Regulation (EC) No 1907/2006; 10. the uses permitted under Article 67.1 second sentence and 18a.3, 18a.6 and 18a.8 Annex XVII Regulation (EC) 1907/2006, commercial export or import of a) goods in connection with repair or calibration abroad; b) military equipment in connection with exercises, training or international activities; or c) replacement parts and other components for repair and maintenance of equipment for a specific military purpose; 11. mercury waste being exported from Sweden for recovery or disposal; or 12. electrical and electronic equipment, cables and spare parts covered by the Regulation (2012: 861) on hazardous substances in electrical and electronic equipment. The final regulatory action was based on a risk or hazard evaluation: Yes Summary of the final regulatory action: A general ban that prohibits placing on the market or use of mercury, goods that contain mercury to be placed on the Swedish market, or exported from Sweden. Goods that are already on the market or are in use may continue to be used. It is not permitted to refill these products with new mercury. Certain limited exemptions from the ban exists, and if there are additional exceptional reasons, the Swedish Chemicals Agency may grant an exemption in an individual case. The export of waste that contains mercury is prohibited. The Swedish Environmental Protection Agency has the possibility to grant exemptions for the export of waste for recovery in individual cases if there are special reasons and also to impose the condition that the mercury shall be re-imported into Sweden for final disposal. A number of areas where harmonised EC legislation makes it very difficult to introduce national rules was identified and these are therefore excluded. This applies, for example, to batteries, light sources and vehicles. The reasons for the final regulatory action were relevant to: Human health and environment Summary of known hazards and risks to human health: The National Food Administration (NFA) recommends pregnant women not to eat fresh-water fish more than 2-3 times a year. This applies as well to large predatory fish such as fresh tuna, swordfish, large halibut, shark and skate. The rest of the population is recommended not to eat fresh-water fish more than once a week. The World Health Organization, WHO, has set a tolerable weekly intake of methylmercury of 1.6 micrograms per kilogram of body weight. A newer tolerable weekly intake of 1.3 micrograms per kilogram of body weight has been developed by the European Food Safety Authority, EFSA. According to the NFA risk assessment in 2007 estimated that a small percentage (0-4%) of pregnant women in Sweden can exceed NRC's lower value of 0.7. Very stringent measures have been necessary to reduce the exposure to mercury for major parts of the Swedish population. The restrictions on the occupational use of mercury have also been considered necessary since the normal background exposure to mercury is already too high. Any additional exposure to mercury is therefore linked to unacceptable risks for negative effects on human health. Expected effect of the final regulatory action in relation to human health: Decreased emission and thereby decreased levels in fish for consumption. Summary of known hazards and risks to the environment: There has been an atmospheric deposition for a number of decades and the levels are high enough to disturb important biological processes in the soil, especially in the south of Sweden. These processes are essential to maintain the ecosystem in the forests including the production capacity. Even though the emissions have decreased in the last few decades there is still a continued accumulation of mercury in the top layer of the soils in forests. The levels are now up to five times the natural levels. Likewise, the levels in arable land are close to the concentrations where the productivity of the soil is at risk. Regarding fish and wildlife there have been no reports on adverse effects on fish species at present concentrations. It is however likely that predatory mammals might be at risk due to high concentrations of mercury in predatory fish, such as pike. The US EPA has developed methylmercury wildlife criteria for mink and otter (Mercury study report to congress, US EPA, Dec 1997), and these are exceeded already at, for Swedish conditions, relatively common mercury concentrations of 1 ng/l in fresh-water fish (UNEP, Global Mercury Assessment). Considering the high concentration of mercury in Swedish fish, it is therefore realistic to assume negative effects on mammals living primarily on a fish diet. Expected effect of the final regulatory action in relation to the environment: Decreased emission levels and thereby decreased risks for negative effects on the ecosystems in the soil, lakes and coastal areas in the Baltic Sea. Date of entry into force of the final regulatory action: 01/06/2009 This notification replaces all previously submitted notifications on this chemical. Date of issue of the previous notification: 12/06/2006, where it was informed that the chemical was severely restricted. This notification did not meet the requirements of Annex I to the Convention. |