The Bundesrat

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on mercury, and repealing Regulation (EC) No 1102/2008

Scrutiny details

Subsidiarity deadline: 30/03/2016
Scrutiny Information

Scrutiny date: 18/03/2016

Subsidiarity Concern:

No Important information to exchange

No Veto

Information on parliamentary scrutiny

Referred to Committees on:

European Union Questions

the Environment, Nature Protection and Reactor Safety

Economic Affairs

Lisbon Treaty procedures
  Political Dialogue

15/06/2016 | Reply to Bundesrat - COM20160039

18/03/2016 | Scrutiny results - COM20160039

The Bundesrat welcomes in general the fact that the Commission is transposing the UN-Minimata-convention into European law. Especially the aim to close arisen gaps when transposing the Minimata-convention and to ensure the full adjustment of the EU legal framework to it is much appreciated. Corresponding to the aim of the Minimata-convention, the proposed regulation will help to reduce mercury emissions effectively.

In that light, the Bundesrat calls the Commission to reappraise the necessity of exception clauses in Articles 4 and 5 of the draft regulation, as such exception may be contrary to the followed goal by the Minimata-convention to protect human health and the environment by anthropogenic mercury emissions.

The Bundesrat point out that mercury is a prioritary dangerous good, for which Article 16 para. 1 of the European Water Framework Directive (Directive 2000/60/EC - WFD) obliges for a complete phasing-out to zero emissions by 2028. Commission's proposals on measures and time-schemes, according to Article 16 para. 6 WFD, are still not presented, though. Therefore, the Bundesrat calls to integrate such phasing-out provisions for mercury in accordance with Article 16 para. 6 WFD into the draft regulation on mercury.

The Bundesrat expresses itself also against any provisions, empowering the European Commission to allow exceptionally the use of mercury for new products by implemented acts, as thus would be in contradiction to the phasing-out obligation.

Finally, the Bundesrat states that the draft does not include any provisions obliging to reduce mercury emissions emitted by large-scale firing plants. However, on global level, mercury emissions emitted by coal-fired large-scale firing plants are on the second place (behind gold mining); in Europe on first place. As best available techniques are mentioned in the Minimata-convention as a central element for reducing mercury emissions, the Bundesrat calls to include appropriate provisions in the draft regulation.

Contact points for EU matters

IPEX Correspondents:
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