Focus on Environmental Impact Assessment (EIA)

As of 2011, the EU has prohibited all Member States from exporting metallic mercury, certain mercury compounds and mixtures (Regulation No 1102/2008). The rules on the safe storage of mercury were introduced, as well as provisions on how to dispose of waste mercury in a way that is safe to health and the environment. On 1 January 2018 a new Regulation on Mercury (2017/852) came into force within the EU. The EU export ban has been supplemented with an import ban on mercury and mercury mixtures. Certain specified products to which mercury has been added may not be exported, imported or manufactured. Furthermore, the use of amalgam is restricted; there are also requirements that dental clinics making use of dental amalgam or those using amalgam in fillings must have an amalgam separator installed. The Regulation also regulates the use of mercury in industrial operations, the storage of waste mercury, etc.

The Regulation restricts the import of mercury and certain mixtures of mercury to the EU. Export of mercury to countries outside the EU is also banned. The Regulation also includes rules on certain types of products that contain mercury, use of amalgam, use of mercury in industrial activities and how mercury waste shall be stored and disposed of. In particular, mercury and mercury compounds, whether in pure form or in mixtures, from any of the large sources must be considered to be waste within the meaning of the Waste Framework Directive and be disposed of without endangering human health or harming the environment. Such disposal should not lead to any form of reclamation of mercury. The temporary storage facilities must be dedicated to and equipped for this purpose. The operators of facilities undertaking the temporary storage of mercury waste must, as soon as the mercury waste is taken out of temporary storage, issue a certificate confirming that the mercury waste was sent to a facility undertaking disposal operations.

The Member States must take all measures necessary to ensure that the penalties applicable to infringements of the Regulation are implemented. The penalties must be effective, proportionate and dissuasive.