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Mercury waste thresholds

The Conference of the Parties,Welcoming the outcome of the work of the group of technical experts on mercury waste thresholds,Taking note of decision BC-14/8, on technical guidelines on the environmentally sound management of wastes consisting of, containing or contaminated with mercury or mercury compounds, adopted by the Conference of the Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal at its fourteenth meeting,
1.Decides that no threshold needs to be established for mercury waste falling under subparagraph 2 (a) of article 11, and that waste listed in table 1 of the annex to the present decision shall be regarded as such mercury waste;
2.Also decides that no threshold needs to be established for mercury waste falling under subparagraph 2 (b) of article 11, and that mercury-added products that are disposed of, are intended to be disposed of or are required to be disposed of, including those listed in table 2 of the annex to the present decision, will be regarded as such mercury waste;
3.Requests the group of technical experts to further substantiate its present recommendation that a total concentration threshold may be appropriate for mercury wastes falling under subparagraph 2 (c) of article 11, including a technical analysis of options and the consideration of possible impacts;
4.Requests the secretariat, in cooperation with the artisanal and small‑scale gold mining partnership area, to seek comments from parties and other stakeholders to improve the guidance on the preparation of national action plans for artisanal and small‑scale gold mining regarding management of tailings from such mining, with a view to presenting a revised version of the guidance for consideration and possible adoption by the Conference of the Parties at its fourth meeting;
5.Decides that, at present, there is no need to develop thresholds for overburden and waste rock from mining other than primary mercury mining, and that thresholds for tailings from mining other than primary mercury mining should be established in a two-tiered approach using a totals concentration threshold as an initial screen and a leaching threshold as the second tier, and requests the group of technical experts to do further work to establish the thresholds;
6.Also decides to extend the mandate of the group of technical experts until the fourth meeting of the Conference of the Parties, and calls upon the secretariat to cooperate with the secretariat of the Basel, Stockholm and Rotterdam Conventions to facilitate cooperation between the members of the technical expert group and of the small intersessional working group established under the Basel Convention to update the technical guidelines on the environmentally sound management of wastes consisting of, containing or contaminated with mercury or mercury compounds;11UNEP/CHW.12/5/Add.8/Rev.1.
7.Further decides to extend the mandate of the group of technical experts to:
(a)Conduct a technical analysis of threshold options, considering the impacts of applying the proposed options, and make recommendations;
(b)Develop thresholds for mercury waste falling under subparagraph 2 (c) of article 11;
(c)Conduct analysis of whether tailings from artisanal and small‑scale gold mining should be subject to a threshold, taking into account the relationship between articles 11 and 7;
(d)Recommend thresholds for tailings from industrial-scale non-ferrous metal mining other than primary mercury mining;
(e)Subject to completion of items (a) to (d) above, review, and possibly recommend a revision of, the lists of mercury waste falling under subparagraphs 2 (a) to (c) of article 11, set out in tables 1, 2 and 3 of the annex to the present decision, as appropriate;
8.Invites parties to confirm the current members of the group of technical experts, nominate new members, or replace members as appropriate through the bureau members representing regions, taking into account the need for expertise in areas covered by the mandate of the group;
9.Decides that the group of technical experts will work by electronic means and will meet face to face once to address the matters mentioned in the previous paragraphs of the present decision, will make any necessary updates to the lists in tables 1, 2 and 3 of the annex to the present decision, and will report on its work to the Conference of the Parties at its fourth meeting;
10.Requests the following additional procedural provisions to guide the group’s work:
(a)All the experts nominated by the parties and present will work on the issues subject to the mandate of the group, avoiding separate treatment of the technical issues;
(b)All decisions of the group of technical experts should be agreed on the basis of consensus. In case no consensus is reached, the secretariat should take note of this lack of consensus, register the discussion and the different positions, and note the level of support for each alternative;
(c)Prior to the meeting, the secretariat and the chair of the group of technical experts will provide to the parties a provisional agenda and a scenario note in preparation for the meeting;
11.Encourages the parties and other stakeholders to contribute to the process of updating the technical guidelines on the environmentally sound management of wastes consisting of, containing or contaminated with mercury or mercury compounds by providing comments on the draft updated guidelines when invited to do so;
12.Invites the appropriate bodies of the Basel Convention to take into account the present decision in updating the technical guidelines on the environmentally sound management of wastes consisting of, containing or contaminated with mercury or mercury compounds;
13.Requests the secretariat to continue to support the work of the group of technical experts.

Annex to decision MC-3/5

Lists of mercury waste falling under paragraph 2 of article 11

Table 1 – List of mercury waste consisting of mercury or mercury compoundsa (subparagraph 2 (a) of article 11)

aThe Convention defines a mercury compound as any substance consisting of atoms of mercury and one or more atoms of other chemical elements that can be separated into different components only by chemical reactions.
Type of wasteWaste sourceb
Recovered elemental mercurycMining activity:Tailings from artisanal and small‑scale gold miningMercury captured from:Non-ferrous metals roasting and smelting processesCrude oil and natural gas processingTreatment of:Mercury-added products upon becoming wasteWaste contaminated with mercury or mercury compoundsContaminated environmental mediaTreatment of waste from:Chlor-alkali,d alcoholates (e.g., sodium or potassium methylate or ethylate), dithionite and ultrapure potassium hydroxide solution production with mercury technology, including decommissioning facilitiesPolyurethane, vinyl chloride monomer, acetaldehyde production using a mercury‑containing catalyst
Elemental mercuryMercury stockpile (e.g., industries, laboratories, dental offices, educational and research institutions, government institutions, landfills, dumpsites, lighthouses)
Mercury (I) chloride and mercury (II) chloridePrimary zinc, lead, copper and gold roasting and smelting processesReagentCalomel electrode for electrochemical measurementsMedicine/pharmaceuticalsVinyl chloride monomer catalyst – mercury (II) chlorideStockpiles
Mercury (II) oxide (mercuric oxide)Dry cell batteries, pigment in paints and glass modifiers, fungicide, cosmetics, laboratory reagent, antifouling paintsStockpiles
Mercury (II) sulfate (mercuric sulfate)Lab reagent, catalyst used for the production of acetaldehydeStockpiles
Mercury (II) nitrate (mercuric nitrate)Oxidizing agent, laboratory reagentStockpiles
Cinnabar concentratePrimary mercury miningStockpiles
Mercury sulfidePigmentStabilization of waste mercury for storage and/or disposalStockpiles
bA facility or activity where waste is likely to be generated or accumulated.cRecovered mercury as described in subparagraph 3 (b) of article 11.dRecovery can sometimes occur without treatment.

Table 2 – Non-exhaustive list of waste containing mercury or mercury compounds (subparagraph 2 (b) of article 11)a

aMercury-added products listed in the "type of waste" column of this table are regarded as waste under subparagraph 2 (b) of article 11 when they are disposed of, are intended to be disposed of, or are required to be disposed of by the provisions of national law or the Minamata Convention.
Type of wasteWaste sourceb
Non-electronic measuring devices containing mercury (barometers, hygrometers, manometers, thermometers, sphygmomanometers)Hospitals, clinics, healthcare facilities (human and animal), pharmacies, households, schools, laboratories, universities, industrial facilities, airports, meteorological stations, ship recycling facilities
Electrical and electronic switches, contacts, relays and rotating electrical connectors with mercuryDismantling facilities of waste electrical and electronic equipment (relays, connectors and switches), industrial facilities (attached to boilers), households, offices
Fluorescent bulbs, high intensity discharge (HID) bulbs (mercury vapour bulbs, metal halide and high-pressure sodium bulbs), neon/argon lampsHouseholds, industrial and commercial facilities, automobile facilities, collection points
Batteries/accumulators containing mercuryHouseholds, industrial and commercial facilities, collection points
Biocides and pesticides containing mercury and their formulations and productsAgricultural, horticultural, industrial and commercial facilities (including stockpiles), laboratories
Paints and varnishes containing mercuryIndustrial and commercial facilities, households
Pharmaceuticals containing mercury for human and veterinary uses, including vaccinesIndustrial and healthcare facilities (including stockpiles), livestock industry
Cosmetics and related products containing mercuryIndustrial facilities (including stockpiles)
Dental amalgamDental offices, dental schools, crematoria
Scientific instrument used for the calibration of medical or scientific devices containing mercuryLaboratories, institutionsc (including stockpiles)
bA facility or activity where waste is likely to be generated or accumulated.cInstitutions include public and private ones.

Table 3 – Indicative list of waste contaminated with mercury or mercury compounds (subparagraph 2 (c) of article 11)a

aWastes listed in this table are regarded as mercury waste when they exceed thresholds. Waste exceeding the established threshold but not listed here would also be considered mercury waste.
Type of wasteWaste sourceb
Waste from industrial pollution control devices or cleaning of industrial off-gasescFlue gas from sources such as:Extraction and use of fuels/energy sourcesSmelting and roasting processes in the production of non-ferrous metalsProduction processes with mercury impuritiesRecovery of precious metals from waste electrical and electronic equipmentCoal combustionWaste incineration and co-incinerationCrematoria
Bottom ashCoal combustionBiomass fired power and heat generationWaste incineration
Wastewater treatment residues/slurriesdTreatment of wastewater from:Extraction and use of fuels/energyProduction of mercury-added productsManufacturing processes in which mercury or mercury compounds are usedPrimary non-ferrous metals productionProduction processes with mercury impuritiesRecovery of precious metals from waste electrical and electronic equipmentWaste incineration, co-incineration and other thermal treatmentCrematoriaHealthcare facilitiesControlled landfills leachateUncontrolled dumping of wastesAgricultural facilities
SludgeSeparator tanks and sedimentary sand tanks for refining of crude oil, natural gas production and processing, drilling, ship cleaning, chemical processes, etc.Treatment of wastes contaminated with mercury (e.g., chemical precipitation and chemical oxidation)
Oil and gas refining catalystRefining of crude oilProcessing of natural gas
Tailings and extraction process residuesPrimary mercury miningArtisanal and small‑scale gold mining
Rubble, debris and soileConstruction/demolitionRemediation of contaminated sites
Other waste from manufacturing processes using mercury or mercury compoundsfChlor-alkali production with mercury technologyProduction of alcoholates (e.g., sodium or potassium methylate or ethylate)Dithionite and ultrapure potassium hydroxide solutionVinyl chloride monomer (VCM) production with mercuric chloride (HgCl2) catalystAcetaldehyde production with mercury sulphate (HgSO4) catalyst, etc.
Other waste from the manufacturing of mercury-added productsgManufacturing of mercury-added products
Other waste from natural gas cleaninghNatural gas cleaning
Wastes from waste treatment facilitiesiWaste treatment facilities
bA facility or activity where waste is likely to be generated or accumulated.cIncludes filters and activated carbon.dInclude filters and resins.eContaminated soil transported off-site is regarded as waste.fMercury cells, mercury recovery units (retort), waste catalysts, decommissioning or demolition waste, personal protective equipment, elements used to contain mercury spills, etc.gProcess residues, demolition waste, etc.hScale removed from pipework and pipe cleaning equipment, etc.iWaste treated to stabilize/solidify mercury in the waste, fluorescent coatings, metal and glass.