Background on mercury
Mercury is a naturally occurring element. It can be released to the environment from natural sources – such as weathering of mercury-containing rocks, forest fires, volcanic eruptions or geothermal activities – but also from human activities. An estimated 5500-8900 tons of mercury is currently emitted and re-emitted each year to the atmosphere, with much of the re-emitted mercury considered to be related to human activity, as are the direct releases. Due to its unique properties, mercury has been used in various products and processes for hundreds of years. Currently, it is mostly utilised in industrial processes that produce chloride (PVC) production, and polyurethane elastomers. It is extensively used to extract gold from ore in artisanal and small-scale gold mining. It is contained in products such as some electrical switches (including thermostats), relays, measuring and control equipment, energy-efficient fluorescent light bulbs, some types of batteries and dental amalgam. It is also used in laboratories, cosmetics, pharmaceuticals, including in vaccines as a preservative, paints, and jewelry. Mercury is also released unintentionally from some industrial processes, such as coal-fired power and heat generation, cement production, mining and other metallurgic activities such as non-ferrous metals production, as well as from incineration of many types of waste. The single largest source of human-made mercury emissions is the artisanal and small-scale gold mining sector, which is responsible for the release of as much as 1,000 tonnes of mercury to the atmosphere every year.History of the negotiations
Mercury and mercury compounds have long been known to be toxic to human health and the environment. Large-scale public health crises due to mercury poisoning, such asList of signatories and parties
As of December 2022, there are 128 signatories to the treaty and 139 parties.Provisions
The convention has 35 articles, 5 annexes and a preamble. The preamble of the convention states that the parties have recognized that 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 and the environment."Article 1
*States the objective of the convention, which is "to protect the human health and the environment from anthropogenic emissions and releases of mercury and mercury compounds".Article 2
* Sets out definitions used in more than one Article of the convention, including: ** "Artisanal and small-scale gold mining" which refers to gold mining conducted by individual miners or small enterprises with limited capital investment and production; ** "Best available techniques"; ** "Best environmental practices" means using the most appropriate combination of environmental control measures and strategies; ** "Mercury" specifically refers to elemental mercury (Hg), CAS No. 7439-97-6; ** "Mercury compound"; ** "Mercury-added product" refers to a product or product component that contains mercury or a mercury compound that was intentionally added; ** "Party" and "Parties present and voting"; ** "Primary mercury mining"; ** "Regional economic integration organization"; ** "Use allowed".Article 3
* Addresses the question of mercury supply sources and trade. * The provisions of this Article do not apply to mercury compounds used for laboratory research, naturally occurring trace quantities of mercury or mercury compounds present, mercury-added products. * It prohibits parties to allow mercury mining that was not being conducted prior to the date of entry into force of the convention for them, and it only allows mercury mining that was conducted at the date of entry into force for up to fifteen years after that date. * It encourages countries to identify individual stocks of mercury or mercury compounds exceeding 50 metric tons as well as sources of mercury supply generating stocks exceeding 10 metric tons per year. If excess mercury from the decommissioning of chlor alkali facilities is available, such mercury is disposed of in accordance with the guidelines for environmentally sound management using operations that do not lead to recovery, recycling, reclamation, direct re-use or alternative uses. * Parties are not allowed to export mercury without the written consent of the importing Party and only for either environmentally sound interim storage or a use allowed. These controls only apply to mercury, not to either mercury compounds or mercury-added products.Article 4
*Addresses the question of mercury-added products. *The Convention employs two approaches to controlling mercury in products, namely setting a phase-out date for some, and specifying measures to be taken in allowing continued use for others.Article 5
* Deals with manufacturing processes in which mercury or mercury compounds are used. * Sets out measures either to phase out or to restrict such existing processes. * It also does not allow the development of new facilities that would use manufacturing processes listed in Annex B and discourages the development of new manufacturing processes in which mercury or mercury compounds are intentionally used.Article 6
* Relates to exemptions available to a Party upon request. * A State or regional economic integration organization can register for one or more exemptions from the phase out dates listed in Parts I of Annexes A and B. * They do so on becoming a Party, or in the case of a product or process that is added by amendment to the list, no later than the date upon which that amendment enters into force for it. * Exemptions can be registered for a listed category or an identified sub-category. * The registration is made by notifying the Secretariat in writing, and must be accompanied by a statement explaining the Party's need for the exemption.Article 7
* Deals with the question of artisanal and small-scale gold mining and processing in which mercury amalgamation is used to extract gold from ore. * Each Party that has small-scale gold mining and processing within its territory has the general obligation to take steps to reduce the use of mercury and mercury compounds in such mining and processing needs to reduce, and where feasible eliminate, the use of mercury and mercury compounds in mining and processing, as well as the emissions and releases to the environment of mercury from such activities. * Additional obligations, including the development and implementation of a national action plan, are laid out for a Party that determines that artisanal and small-scale gold mining and processing in its territory is more than insignificant.Article 8
* Concerns emissions of mercury and mercury compounds. * It aims at controlling and, where feasible, reducing emissions of mercury and mercury compounds to the atmosphere, through measures to control emissions from the point sources listed in Annex D. * The Article differentiates between measures required for new sources and those required for existing sources. Releases to land and water are not addressed in Article 8 – they are addressed in Article 9 of the convention.Article 9
* Addresses the releases of mercury and mercury compounds to land and water * Aims at controlling and where feasible reducing releases of mercury and mercury compounds from significant anthropogenic point sources that are not addressed in other provisions of the convention. * Each state should within three years after of date of entry into force of the Convention identify the relevant point source categories of releases of mercury into land and water.Article 10
* Applies to the environmentally sound interim storage of mercury other than waste mercury. * Parties are requested to take measures to ensure that mercury and mercury compounds that are intended for a use allowed under the convention are stored in an environmentally sound manner, taking into account any guidelines and in accordance with any requirements that the Conference of Parties adopts.Article 11
* Deals with mercury wastes, including their definition, their management in an environmentally sound manner and transportation across international boundaries''.''Article 12
* Deals with contaminated sites. * Each state needs to endeavour to develop appropriate strategies for identifying and assessing sites contaminated by mercury or mercury compounds. * When taking action to reduce the risks posed by sites contaminated by mercury or mercury compounds, each Party is required to ensure that actions are performed in an environmentally sound manner, and actions incorporate, where appropriate, an assessment of the risks to human health and the environment from mercury or mercury compounds contained in these sites.Article 13
* Relates to the question of financial resources and mechanism. * Establishes a mechanism for the provision of adequate, predictable and timely financial resources, comprising the Global Environment Facility Trust Fund and a specific international programme to support capacity building and technical assistance.Article 14
* Addresses the issues of capacity-building, technical assistance and technology transfer. * Calls for cooperation between Parties to provide timely and appropriate capacity-building and technical assistance to developing country Parties, including through regional, sub regional and national arrangements.Article 15
* Establishes an Implementation and Compliance Committee to promote implementation of, and compliance with, all provisions of this convention. * The Committee comprises 15 members nominated by Parties and elected by the Conference of the Parties. * Issues can be taken up by the committee on self-referral by a Party, on the basis of information submitted under the reporting provisions, or upon request from the Conference of the Parties.Article 16
* Relates to health aspects. * It encourages Parties to promote the development and implementation of strategies and programmes to identify and protect populations at risk It encourages Parties to adopt and implement science based educational and preventive programmes on occupational exposure to mercury and mercury compounds. * It encourages Parties to promote appropriate health-care services for prevention, treatment and care for populations affected by the exposure to mercury or mercury compounds. * Finally it encourages Parties to establish and strengthen institutional and health professional capacities.Article 17
* Deals with information exchange. * Each party shall facilitate the exchange of information.Article 18
*Stresses the importance of public information, awareness and education.Article 19
* Relates to research, development and monitoring.Article 20
* Deals with the possibility for parties to develop an implementation plan.Article 21
* Parties shall report to the Conference of the Parties, through the secretariat on the measures taken to implement the provisions of the convention and the effectiveness of those measures as well as the possible challenges in meeting the objectives of the convention. * Parties shall include in their reporting the information called for in the different articles of the convention.Article 22
* Deals with effectiveness evaluation. * The Conference of the Parties needs to evaluate the effectiveness of the Convention no later than six years after the date of entry into force and periodically thereafter.Article 23
* Establishes the Conference of the Parties.Article 24
* Establishes the Secretariat, which is to be provided by the United Nations Environment Programme.Article 25
* Deals with the settlement of disputes between Parties.Article 26
* Sets the rules for the amendments to the convention. * Amendments to the Convention may be proposed by any Party, and they must be adopted at a meeting of the Conference of the Parties. * Ratification (acceptance or approval) of an amendment shall be notified to the Depositary in writing.Article 27
*Sets the rules for adoption and amendment of annexes.Article 28
* Establishes the rules for the right to vote: one party, one vote, except in the case of a regional economic integration organization, which, on matters within its competence, shall exercise its right to vote with a number of votes equal to the number of its members States that are Parties to the convention. Such an organization shall not exercise its right to vote if any of its member States exercises its right to vote and vice versa.Article 29
* Relates to the signature of the convention, which was open for one year until 9 October 2014.Article 30
* Deals with the ratification, acceptance, approval of the convention or accession thereto.Article 31
* Deals with the convention's entry into the force, which will take place on the ninetieth day after the date of deposit of the fiftieth instrument of ratification, acceptance, approval or accession.Article 32
*States that no reservations may be made to the convention.Article 33
* Gives the right to Parties to withdraw from the Convention at any time after three years from the date on which the convention has entered into force for them, through written notification to the Depositary. * Any such withdrawal shall take effect one year after the receipt of the notification by the depositary or any later specified date.Article 34
* Names The Secretary-General of the United Nations as the depositary of the convention.Article 35
* States that the Arabic, Chinese, English, French, Russian and Spanish texts of the convention are equally authentic.See also
*External links
References
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