Regulation (EU) 2017/852 on mercury, and repealing Regulation (EC) No 1102/2008

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Publication Date 24/05/2017
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Regulation of the European Parliament and of the Council of 17 May 2017 aimed at ensuring the fulfilment by the Union and the Member States of the obligations of the Minamata Convention on Mercury.

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In October 2013 the European Union signed the Minamata Convention on Mercury. The Convention addresses the whole life-cycle of mercury, from primary mercury mining to the management of mercury waste, with the objective to protect human health and the environment from anthropogenic emissions of mercury and mercury compounds to air, water and land.

Much of the Minamata Convention is already covered by Union legislation. However, assessment of the Union acquis has identified a limited number of regulatory gaps that need to be filled in to ensure the full alignment of Union legislation with the Convention. In the interest of legal clarity, the obligations resulting from the Convention that are not yet transposed into EU law should be integrated into a single legal act.

For that purpose, Regulation (EC) No 1102/2008, as the only dedicated Union legal act on mercury to date, should serve as the basis for doing so. Yet, given the nature and extent of the necessary modifications to Regulation (EC) No 1102/2008 and the need to enhance consistency and legal clarity, this new Regulation should repeal and replace it while taking over its substantive obligations whenever still needed.

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Commentary and Analysis
EPRS: Briefing, April 2016: Regulation on mercury aligning EU legislation with the Minamata Convention [Initial Appraisal of a European Commission Impact Assessment]

EUR-Lex: COM(2016)39: Proposal for a Regulation on mercury, and repealing Regulation (EC) No 1102/2008
EUR-Lex: SWD(2016)18: Implementation plan
EUR-Lex: SWD(2016)17: Impact assessment
EUR-Lex: SWD(2016)14: Executive summary of the impact assessment
European Commission: DG Environment: Chemicals: Mercury

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