Minamata Convention on mercury and EU trade restrictions
The Minamata Convention on mercury is a 2013 treaty. For Belgium, EU law bans metallic mercury exports and restricts imports and listed products.
The Minamata Convention on Mercury is an international treaty to protect human health and the environment from human-caused emissions and releases of mercury and mercury compounds. In Belgium, the EU Mercury Regulation prohibits metallic mercury exports from the EU, restricts imports and sets prohibition dates for listed mercury-added products.
A supplier's consent paperwork doesn't override an EU prohibition. Before arranging a shipment, separate the treaty framework from the EU rules that govern the substance, intended use or product.
What the Minamata Convention on mercury requires
The Convention was adopted in Kumamoto, Japan, on 10 October 2013 and entered into force on 16 August 2017. UN treaty record
Treaty Article 3 addresses mercury supply and trade. Its export framework requires written consent and an allowed use or environmentally sound interim storage. Exports to non-Party destinations require additional certification. Treaty Article 4 addresses mercury-added products, including restrictions on manufacture, import and export after listed phase-out dates, subject to applicable exclusions or registered exemptions. Original treaty provisions
Those provisions do not give businesses a general right to trade mercury. The EU Mercury Regulation imposes its own restrictions and permits Member States to apply stricter requirements consistently with the Treaty on the Functioning of the European Union. For a Belgian shipment, start with the EU provisions and confirm applicable Belgian requirements. EU Regulation, Article 1
The EU dates below concern EU law, not domestic rules throughout the UK or US. Searches for the "Mercury Export Ban Act of 2008" concern US legislation, not another name for the EU Mercury Regulation.
The EU mercury export ban
Article 3(1) is direct: "The export of mercury shall be prohibited." Here, mercury means metallic mercury. A destination country's written consent under the Minamata Convention, including consent for an allowed use or for environmentally sound interim storage, does not create permission to export metallic mercury from the EU. EU Regulation, Articles 2 and 3
Article 3(2) prohibits exports of the mercury compounds and mixtures listed in Annex I from their listed dates. This includes mixtures of mercury with other substances, including alloys, with a mercury concentration of at least 95% by weight, restricted since 1 January 2018. But the 95% threshold is not a safe harbour for lower-concentration materials. Article 3(4) separately prohibits exports of other mercury compounds or mixtures for reclaiming mercury. EU Regulation, Article 3 and Annex I
The laboratory-scale research or laboratory analysis derogation in Article 3(3) concerns mercury compounds listed in Annex I. It does not cover metallic mercury or Annex I mixtures. Nor should the Annex I list be read as a ban on every mercury compound for every export purpose. Identify the material and purpose before applying an exception. EU Regulation, Article 3
Importing mercury into Belgium
EU Article 4 prohibits imports of mercury and Annex I mixtures for purposes other than disposal as waste. An allowed-use derogation exists, but the importing Member State must give written consent, and the proposed use must be allowed in that Member State. For this derogation, a use allowed under EU legislation is deemed allowed in the Member State, without prejudice to national measures adopted in accordance with the TFEU. For Belgium, a supplier's assurance is not enough. EU Regulation, Article 4
Origin is an either-or test. If the exporting country is a Convention Party, the mercury must not come from primary mercury mining prohibited by treaty Article 3(3) and (4). If it is not a Party, that country must certify that the mercury is not from primary mercury mining. Either route still requires Member State consent and an allowed use. Check the exporting country's treaty status for the proposed shipment rather than assuming its status from an earlier transaction. EU Regulation, Article 4
Other purpose-based prohibitions remain. Imports of other mercury mixtures or compounds for reclaiming mercury are prohibited. Mercury imports for artisanal and small-scale gold mining and processing are also prohibited. EU Regulation, Article 4(2) and (3)
Consent forms and waste imports
Implementing Decision 2017/2287 provides the written-consent form in its Annex I and the non-Party certification form in its Annex II. These annexes belong to the forms decision, not to the Mercury Regulation's substance and product lists. The form rules do not apply to mercury, or a mixture of mercury, that qualifies as waste or is considered waste. Implementing Decision 2017/2287
For disposal-as-waste imports, Article 4 requires the exporting country to lack access to available conversion capacity within its territory. Meeting that condition does not itself authorise a waste shipment. Separate waste-shipment requirements must also be checked. EU Regulation, Article 4
Confirm the current Belgian authority's submission instructions before shipping. Don't assume that a completed form alone permits the import. Belgian mercury guidance
Which mercury-added products are restricted?
EU Article 5 prohibits export, import and manufacture of Annex II products from their listed dates. It does not create a universal ban on possession, use or sale of existing stocks. Other EU legislation can impose stricter requirements. EU Regulation, Article 5
The table gives selected categories, not the full Annex II list. Dates mean the date from which the prohibition applies. EU Regulation, Annex II
| Selected category | Scope or limit | Prohibition date |
|---|---|---|
| Batteries and accumulators | More than 0.0005% mercury by weight | 31 December 2020 |
| Switches and relays | Entry 2, except specified high-accuracy bridges and high-frequency devices | 31 December 2020 |
| Cosmetics | Mercury or mercury compounds, except special cases under Cosmetics Regulation Annex V entries 16 and 17 | 31 December 2020 |
| Pesticides, biocides and topical antiseptics | Listed mercury-added products | 31 December 2020 |
| Listed non-electronic measuring devices | Entry 9, subject to its exclusions | 31 December 2020 |
| Electrical and electronic melt-pressure transducers, transmitters and sensors | Entry 10, with large-scale equipment and high-precision exclusions | 31 December 2025 |
| Mercury vacuum pumps, tyre balancers and wheel weights, photographic film and paper, satellite and spacecraft propellant | Entry 11 | 31 December 2025 |
| Tri-band phosphor lamps for general lighting not included in entry 4, point (a); non-linear tri-band phosphor lamps | Entries 4a and 4c | 31 December 2026 |
The last row is still an upcoming deadline as of 31 October 2026. Regulation 2024/1849 inserted those lamp entries. Other lamp categories have separate dates and technical limits, and other EU restrictions may apply earlier. There is no single prohibition date for all mercury lamps. Regulation 2024/1849
Delegated Regulation 2026/55 inserted entry 2a for the high-accuracy bridges and high-frequency switches and relays left out of entry 2. Entry 2a covers these devices with a maximum mercury content of 20 mg per item, except those for research and development. The Annex prints 31 December 2025. The delegated act was adopted on 17 December 2025, published on 17 March 2026 and entered into force on 20 March 2026. And the Annex date is not when that EU amendment took effect. It implements COP5 Decision MC-5/4, not COP6. Delegated Regulation 2026/55
Keep exclusions attached to their product entry. Entry 9 includes barometers, hygrometers, manometers and thermometers. Its exclusions cover specified large-scale equipment and high-precision devices where no suitable mercury-free alternative exists. They also cover devices more than 50 years old on 3 October 2007, and devices intended for public cultural or historical exhibitions. Entry 10 does not carry those age and exhibition exclusions. EU Regulation, Annex II
Article 5(2) also excepts products essential for civil protection or military uses, and products for research, instrument calibration or reference standards. These product exceptions do not permit metallic mercury trade. Annex II Part B has a limited replacement-component exclusion where no feasible mercury-free alternative exists, in accordance with Directives 2000/53/EC and 2011/65/EU. It is not a blanket spare-parts exemption. EU Regulation, Article 5 and Annex II
Dental amalgam has separate provisions
Dental amalgam is governed by Article 10, not an Annex II product row. Exports have been prohibited since 1 January 2025. Import and manufacture have been prohibited since 1 July 2026, with a derogation for specific medical needs. Regulation 2024/1849
Dental treatment use has been prohibited since 1 January 2025 unless the dental practitioner deems it strictly necessary based on the patient's specific medical needs. Until 30 June 2026, Member States that met the act's reimbursement and socioeconomic conditions could still allow that use. That route has ended. Do not use a treatment exception as a general trade permission. Regulation 2024/1849
Check the shipment against the right provision
First identify whether the shipment is metallic mercury, a mixture, a compound or a mercury-added product. Establish its purpose, then apply the relevant trade provision or product entry. For an allowed-use import into Belgium, resolve origin, Party status and written consent before shipment. Waste status and other applicable legislation need separate checks. This sequence does not guarantee customs clearance. EU Regulation, Articles 3 to 5
RegAffairs AI's answer on mercury imports into Belgium cites the regulation and the Belgian guidance. The consolidated EU text checked for this guide is the 20 March 2026 edition. EUR-Lex still opened the regulation at that edition on 1 November 2026. Consolidations are documentation tools rather than legally binding editions.