Article 3 – Mercury supply sources and trade
1. For the purposes of this Article: (a) References to “mercury” include mixtures of mercury with other substances, including alloys of mercury, with a mercury concentration of at least 95 per cent by weight; and (b) “Mercury compounds” means mercury (I) chloride (known also as calomel), mercury (II) oxide, mercury (II) sulphate, mercury (II) nitrate, cinnabar and mercury sulphide. 2. The provisions of this Article shall not apply to: (a) Quantities of mercury or mercury compounds to be used for laboratory-scale research or as a reference standard; or (b) Naturally occurring trace quantities of mercury or mercury compounds present in such products as non-mercury metals, ores, or mineral products, including coal, or products derived from these materials, and unintentional trace quantities in chemical products; or (c) Mercury -added products. 3. Each Party shall not allow primary mercury mining that was not being conducted within its territory at the date of entry into force of the Convention for it. 4. Each Party shall only allow primary mercury mining that was being conducted within its territory at the date of entry into force of the Convention for it for a period of up to fifteen years after that date. During this period, mercury from such mining shall only be used in manufacturing of mercury-added products in accordance with Article 4 , in manufacturing processes in accordance with Article 5 , or be disposed in accordance with Article 11 , using operations which do not lead to recovery, recycling, reclamation, direct re-use or alternative uses. 5. Each Party shall: (a) Endeavour 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, that are located within its territory; (b) Take measures to ensure that, where the Party determines that 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 referred to in paragraph 3 (a) of Article 11 , using operations that do not lead to recovery, recycling, reclamation, direct re-use or alternative uses. 6. Each Party shall not allow the export of mercury except: (a) To a Party that has provided the exporting Party with its written consent, and only for the purpose of: (i) A use allowed to the importing Party under this Convention; or (ii) Environmentally sound interim storage as set out in Article 10 ; or (b) To a non-Party that has provided the exporting Party with its written consent, including certification demonstrating that: (i) The non-Party has measures in place to ensure the protection of human health and the environment and to ensure its compliance with the provisions of Articles 10 and 11 ; and (ii) Such mercury will be used only for a use allowed to a Party under this Convention or for environmentally sound interim storage as set out in Article 10 . 7. An exporting Party may rely on a general notification to the Secretariat by the importing Party or non-Party as the written consent required by paragraph 6 . Such general notification shall set out any terms and conditions under which the importing Party or non-Party provides its consent. The notification may be revoked at any time by that Party or non-Party . The Secretariat shall keep a public register of all such notifications. 8. Each Party shall not allow the import of mercury from a non-Party to whom it will provide its written consent unless the non-Party has provided certification that the mercury is not from sources identified as not allowed under paragraph 3 or paragraph 5 (b) . 9. A Party that submits a general notification of consent under paragraph 7 may decide not to apply paragraph 8 , provided that it maintains comprehensive restrictions on the export of mercury and has domestic measures in place to ensure that imported mercury is managed in an environmentally sound manner. The Party shall provide a notification of such decision to the Secretariat, including information describing its export restrictions and domestic regulatory measures, as well as information on the quantities and countries of origin of mercury imported from non-Parties. The Secretariat shall maintain a public register of all such notifications. The Implementation and Compliance Committee shall review and evaluate any such notifications and supporting information in accordance with Article 15 and may make recommendations, as appropriate, to the Conference of the Parties. 10. The procedure set out in paragraph 9 shall be available until the conclusion of the second meeting of the Conference of the Parties. After that time, it shall cease to be available, unless the Conference of the Parties decides otherwise by simple majority of the Parties present and voting , except with respect to a Party that has provided a notification under paragraph 9 before the end of the second meeting of the Conference of the Parties. 11. Each Party shall include in its reports submitted pursuant to Article 21 information showing that the requirements of this Article have been met. 12. The Conference of the Parties shall at its first meeting provide further guidance in regard to this Article, particularly in regard to paragraphs 5 (a) , 6 and 8 , and shall develop and adopt the required content of the certification referred to in paragraphs 6 (b) and 8 . 13. The Conference of the Parties shall evaluate whether the trade in specific mercury compounds compromises the objective of this Convention and consider whether specific mercury compounds should, by their listing in an additional annex adopted in accordance with Article 27 , be made subject to paragraphs 6 and 8 .