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10.12.2011 Official
Journal
of
the
European
Union L
328/49
DIRECTIVES
COUNCIL DIRECTIVE 2011/97/EU
of 5 December 2011
amending Directive 1999/31/EC as regards specific criteria for the storage of metallic mercury
considered as waste
THE COUNCIL OF THE EUROPEAN UNION,
pursuant to Article 16 of and Annex II to Directive
1999/31/EC ( 4 ) apply to facilities for the storage of
metallic mercury for more than 1 year according to
Article 3(1) of Regulation (EC) No 1102/2008.
Having regard to the Treaty on the Functioning of the European
Union,
(5) This
implies,
in
particular,
that
all
facilities
for
the
storage
of metallic mercury for more than 1 year need a permit
Having regard to Regulation (EC) No 1102/2008 of the
according to Articles 7, 8 and 9 of Directive 1999/31/EC
European Parliament and of the Council of 22 October 2008
and that such facilities are subject to the control and
on the banning of exports of metallic mercury and certain
monitoring requirements laid down in Article 12 of
mercury compounds and mixtures and the safe storage of
that Directive, as well as, in the case of underground
metallic mercury ( 1 ), and in particular Article 4(3) thereof, as
storage, to the safety assessment requirements
well as to Council Directive 1999/31/EC of 26 April 1999
according to Appendix A of Decision 2003/33/EC.
on the landfill of waste ( 2 ), and in particular Article 16 thereof,
(6) In
addition,
such
facilities
are
subject
to
the
general
Having regard to the proposal from the European Commission,
provisions on record keeping as laid down in Directive
2008/98/EC.
Whereas:
(7) In
addition,
the
provisions
of
Council
Directive
96/82/EC
of 9 December 1996 on the control of major-accident
(1) Regulation
(EC)
No
1102/2008
stipulates
that,
by
way
of
hazards involving dangerous substances ( 5 ) apply to
derogation from Article 5(3)(a) of Directive 1999/31/EC,
facilities for the temporary above-ground storage
metallic mercury that is considered as waste may, in
according to Article 3(2) of Regulation (EC) No
appropriate containment, be temporarily stored for
1102/2008.
more than 1 year or permanently stored in certain
types of landfills.
(8) However,
those
provisions
do
not
fully
address
the
specific characteristics of metallic mercury, and additional
(2) Storage
of
metallic
mercury
that
is
considered
as
waste
is
requirements are therefore needed.
already regulated by Union legislation on waste
management.
(9) Those
additional
requirements
should
take
into
account
research activities on safe disposal options, including the
(3) The
storage
of
metallic
mercury
that
is
considered
as
solidification of metallic mercury. There is progress in the
waste for up to 1 year is subject to the permit
development of environmentally sound solidification
requirements according to Article 23 of Directive
options but it is premature to decide on the large-scale
2008/98/EC of the European Parliament and of the
viability of such options.
Council of 19 November 2008 on waste ( 3 ).
(10) Additional
assessments
of
the
long-term
behaviour
of
(4)
Directive 1999/31/EC and Council Decision 2003/33/EC
metallic mercury in underground storage are needed for
of 19 December 2002 establishing criteria and
the determination of sound and knowledge-based
procedures for the acceptance of waste at landfills
requirements for permanent storage. The requirements
laid down in this Directive should therefore be limited
( 1 ) OJ L 304, 14.11.2008, p. 75.
( 2 ) OJ L 182, 16.7.1999, p. 1.
( 4 ) OJ L 11, 16.1.2003, p. 27.
( 3 ) OJ L 312, 22.11.2008, p. 3.
( 5 ) OJ L 10, 14.1.1997, p. 13.

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L 328/50
EN
Official Journal of the European Union
10.12.2011
to temporary storage and are considered as appropriate
When Member States adopt those provisions, they shall contain
and representing the best available techniques for the safe
a reference to this Directive or be accompanied by such a
storage of metallic mercury for a time span of up to 5
reference on the occasion of their official publication. Member
years.
States shall determine how such reference is to be made.
(11) Directive 1999/31/EC should therefore be amended
2. Member
States
shall
communicate
to
the
Commission
the
accordingly.
text of the main provisions of national law which they adopt in
the field covered by this Directive.
(12) No
opinion
was
given
by
the
committee
referred
to
in
Article 16 of Directive 1999/31/EC. It is therefore appro
Article 3
priate for the Council to adopt this Directive,
This Directive shall enter into force on the third day following
its publication in the Official Journal of the European Union.
HAS ADOPTED THIS DIRECTIVE:
Article 4
Article 1
This Directive is addressed to the Member States.
Annexes I, II and III to Directive 1999/31/EC are hereby
amended as set out in the Annex to this Directive.
Done at Brussels, 5 December 2011.
Article 2
1. Member
States
shall
bring
into
force
the
laws,
regulations
For the Council
and administrative provisions necessary to comply with this
Directive by 15 March 2013. They shall forthwith communicate
The President
to the Commission the text of those provisions.
W. PAWLAK

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EN
10.12.2011 Official
Journal
of
the
European
Union L
328/51
ANNEX
Annexes I, II and III to Directive 1999/31/EC are amended as follows:
(1) the following section is added to Annex I:
‘8. Temporary storage of metallic mercury
For the purposes of temporary storage for more than 1 year of metallic mercury, the following requirements shall
apply:
— Metallic mercury shall be stored separately from other waste.
— Containers shall be stored in collecting basins suitably coated so as to be free of cracks and gaps and impervious
to metallic mercury with a containment volume adequate for the quantity of mercury stored.
— The storage site shall be provided with engineered or natural barriers that are adequate to protect the environment
against mercury emissions and a containment volume adequate for the total quantity of mercury stored.
— The storage site floors shall be covered with mercury-resistant sealants. A slope with a collection sump shall be
provided.
— The storage site shall be equipped with a fire protection system.
— Storage shall be arranged in a way to ensure that all containers are easily retrievable.’;
(2) the following section is added to Annex II:
‘6. Specific requirements for metallic mercury
For the purposes of temporary storage for more than 1 year of metallic mercury, the following requirements shall
apply:
A. Composition of the mercury
Metallic mercury shall comply with the following specifications:
— mercury content greater than 99,9 % per weight,
— no impurities capable of corroding carbon or stainless steel (e.g. nitric acid solution, chloride salts solutions).
B. Containment
Containers used for the storage of metallic mercury shall be corrosion- and shock-resistant. Welds shall therefore be
avoided. The containers shall comply in particular with the following specifications:
— container material: carbon steel (ASTM A36 minimum) or stainless steel (AISI 304, 316L),
— containers shall be gas and liquid tight,
— the outer side of the container shall be resistant against the storage conditions,
— the design type of the container shall successfully pass the drop test and the leakproofness tests as described in
Chapters 6.1.5.3 and 6.1.5.4 of the UN Recommendations on the Transport of Dangerous Goods, Manual of Tests
and Criteria.
The maximum filling ratio of the container shall be 80 % by volume to ensure that sufficient ullage is available and
neither leakage nor permanent distortion of the container can occur as a result of an expansion of the liquid due to
high temperature.
C. Acceptance procedures
Only containers with a certificate complying with the requirements set out in this Section shall be accepted.
Acceptance procedures shall comply with the following:
— only metallic mercury which fulfils the minimum acceptance criteria set out above shall be accepted,

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L 328/52
EN
Official Journal of the European Union
10.12.2011
— containers shall be visually inspected before storage. Damaged, leaking or corroded containers shall not be
accepted,
— containers shall bear a durable stamp (made by punching) mentioning the identification number of the container,
the construction material, its empty weight, the reference of the manufacturer and the date of construction,
— containers shall bear a plate permanently fixed to the container mentioning the identification number of the
certificate.
D. Certificate
The certificate indicated in subsection C shall include the following elements:
— name and address of the waste producer,
— name and address of the responsible for the filling,
— place and date of filling,
— quantity of the mercury,
— the purity of the mercury and, if relevant, a description of the impurities, including the analytical report,
— confirmation that the containers have been used exclusively for the transport/storage of mercury,
— the identification numbers of the containers,
— any specific comments.
Certificates shall be issued by the producer of the waste or, in default, by the person responsible for its management.’;
(3) the following section is added to Annex III:
‘6. Specific requirements for metallic mercury
For the purposes of temporary storage for more than 1 year of metallic mercury, the following requirements shall
apply:
A. Monitoring, inspection and emergency requirements
A continuous mercury vapour monitoring system with a sensitivity of at least 0,02 mg mercury/m 3 shall be installed
in the storage site. Sensors shall be positioned at ground level and head level. This shall include a visual and acoustic
alert system. The system shall be maintained annually.
The storage site and containers shall be visually inspected by an authorised person at least once a month. Where leaks
are detected, the operator shall immediately take all necessary action to avoid any emission of mercury to the
environment and restore the safety of the storage of the mercury. Any leaks shall be considered to have significant
adverse environmental effects as referred to in Article 12(b).
Emergency plans and adequate protective equipment suitable for handling metallic mercury shall be available on site.
B. Record keeping
All documents containing the information referred to in Section 6 of Annex II and in point A of this Section,
including the certificate accompanying the container, as well as records concerning the destocking and dispatch of the
metallic mercury after its temporary storage and the destination and intended treatment shall be kept for at least 3
years after the termination of the storage.’.

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