Minamata Convention and Belgium Mercury Imports

Belgium doesn't apply the Minamata Convention's trade rules directly. They reach importers through the EU Mercury Regulation (EU) 2017/852, which the Belgian FPS Health, Food Chain Safety and Environment enforces. In practice, metallic mercury and mixtures of at least 95% mercury are banned from import unless the FPS gives written consent beforehand. Most mercury-added products are also banned from import, under a dated list.

1. Metallic mercury and high-mercury mixtures (EU Regulation Article 4)

• Default ban: importing mercury, and the mixtures listed in Annex I, is prohibited unless it is for disposal as waste. Import for disposal is allowed only if the exporting country has no conversion capacity on its own territory ^[1].
• Annex I mixtures: mixtures of mercury with other substances, including alloys, with at least 95% mercury by weight. Their import and export have been prohibited since 1 January 2018 ^[2].
• The exception is where the Convention comes in. Import for a use allowed in the Member State is allowed if the importing Member State has given written consent and one of two conditions is met ^[1]:
  • the exporting country is a Party to the Convention and the mercury is not from primary mercury mining prohibited under Article 3(3) and (4) of the Convention; or
  • the exporting country is not a Party and has certified that the mercury is not from primary mercury mining.
• Mercury for artisanal and small-scale gold mining may not be imported for any purpose ^[1].
• Mercury waste: where its import is allowed, the Waste Shipment Regulation (EC) No 1013/2006 also applies ^[1].

2. How Belgium handles consent

• Importers must fill in a form and send it to the FPS, which decides whether to grant consent. If consent is not granted, the import into Belgium is not authorised ^[3].
• The FPS asks for the EU Annex I import form. You must also submit the Annex II form if the mercury comes from a country that is not a Party to the Convention ^[3].
• Send the forms to mercury-imports@environment.belgium.be before the import takes place ^[4].

3. Mercury compounds

• Importing mercury compounds, and mercury mixtures not covered by point 1, is prohibited when the purpose is to reclaim mercury ^[1]. Otherwise the FPS says importing compounds is allowed.
• Compounds listed in Part III of Annex I to the PIC Regulation must be reported under Article 11 of that Regulation ^[4].

4. Mercury-added products (EU Regulation Article 5 and Annex II)

• The ban: export, import and manufacture of the products in Annex II are prohibited from the dates set there. Products for civil protection and military uses are exempt, as are products for research, instrument calibration or use as a reference standard ^[5].
• Product types covered include ^[6]:
  • batteries with more than 0.0005% mercury by weight;
  • switches and relays;
  • most fluorescent and high-pressure mercury vapour lamps;
  • cosmetics;
  • pesticides, biocides and topical antiseptics;
  • non-electronic measuring devices;
  • mercury vacuum pumps, tyre balancers and wheel weights;
  • photographic film and paper;
  • propellant for satellites and spacecraft.
• Next deadline: the ban on tri-band phosphor lamps not covered by entry 4(a) (entry 4a) and on non-linear tri-band phosphor lamps (entry 4c) applies from 31.12.2026 ^[6].
  • The Convention's own Annex A sets 2027 for comparable lamp types ^[7][8].
  • The EU text is the one that binds a Belgian importer, and Article 1 allows Member States to apply stricter requirements ^[9].
• Dental amalgam: import has been prohibited since 1 July 2026, except for specific medical needs ^[10].

5. Overlap with REACH Annex XVII The FPS also says import is not allowed where REACH bans placing on the market under entries 18, 18a or 30 ^[3]:

• Entry 18: mercury compounds in antifouling, wood preservation, heavy-duty textiles and industrial water treatment ^[11].
• Entry 18a: mercury in fever thermometers and other measuring devices ^[12].
• Entry 30: reproductive toxicants supplied to the general public ^[13].

Under the EU Regulation, import counts as placing on the market ^[14]. Penalties are set nationally (Article 16) ^[15].

I couldn't open the Convention's own pages, so I haven't quoted Article 3 or confirmed Belgium's ratification. The official links are the Belgium party profile and the Convention text.

Approach: I read the current consolidated text of the EU Mercury Regulation 2017/852, the Belgian FPS Health guidance on mercury trade, REACH Annex XVII and the Convention's Annex A product list.