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20.9.2012 Official
Journal
of
the
European
Union L
253/5
COMMISSION REGULATION (EU) No 848/2012
of 19 September 2012
amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the
Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as
regards phenylmercury compounds
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
considered as a global persistent pollutant, circulating
between air, water, sediments, soil and biota in various
Having regard to the Treaty on the Functioning of the European
forms and can change in the environment into methyl
Union,
mercury, its most toxic form.
Having regard to Regulation (EC) No 1907/2006 of the
(4) Regulation
(EC)
No
1907/2006
provides
that,
if
a
European Parliament and of the Council of 18 December
Member State considers that the manufacture, placing
2006 concerning the Registration, Evaluation, Authorisation
on the market or use of a substance on its own, in a
and Restriction of Chemicals (REACH), establishing a
mixture or in an article poses a risk to human health or
European Chemicals Agency, amending Directive 1999/45/EC
the environment that is not adequately controlled and
and repealing Council Regulation (EEC) No 793/93 and
needs to be addressed, it shall prepare a dossier after
Commission Regulation (EC) No 1488/94 as well as Council
notifying that intention to the European Chemicals
Directive 76/769/EEC and Commission Directives 91/155/EEC,
Agency (hereinafter ‘the Agency’).
93/67/EEC, 93/105/EC and 2000/21/EC ( 1 ), and in particular
Article 68(1) thereof,
(5) Pursuant
to
Decision
of
the
EEA
Joint
Committee
No
25/2008 of 14 March 2008 amending Annex II
Whereas:
(Technical regulations, standards, testing and certification)
to the EEA Agreement
( 5 ), Regulation (EC) No
(1)
In its Communication to the Council and the European
1907/2006 was incorporated into the Agreement on
Parliament on a Community Strategy Concerning
the European Economic Area.
Mercury ( 2 ) the Commission outlined that it is
necessary to reduce mercury levels in the environment
and human exposure and proposed as objectives, among
(6) Norway
has
prepared
a
dossier
concerning
five
others, the reduction of entry into circulation of mercury
phenylmercury compounds, namely phenylmercury
in society, by cutting supply and demand, the reduction
acetate, phenylmercury propionate, phenylmercury 2-
of mercury emissions and the protection against mercury
ethylhexanoate, phenylmercury octanoate and
emissions. That Communication was reviewed in
phenylmercury neodecanoate, which demonstrates that
2010 (
action on a Union-wide basis is necessary to address

3 ).
the risk to human health and the environment posed
by the manufacture, use and placing on the market of
(2) The
Council
has
reaffirmed
several
times
its
commitment
those substances, on their own, in mixtures and articles.
to the overall objective of protecting human health and
That dossier was submitted to the Agency in order to
the environment from the release of mercury and its
initiate the restriction process.
compounds by minimising and, where feasible, ultimately
eliminating global anthropogenic mercury releases to air,
water and land. In this context, the Council underlined
(7) The
five
phenylmercury
compounds
are
known
to
be
that mercury-added products, where viable alternatives
used especially as catalysts in polyurethane systems
exist, should be phased out as rapidly and as completely
used for coatings, adhesives, sealants and elastomer appli
as possible, with the ultimate goal that all mercury-added
cations. The mercury catalysts are incorporated into the
products should be phased-out, taking into due account
polymer structure and remain in the final article from
technical and economic circumstances and the needs for
which mercury or phenylmercury compounds are not
scientific research and development ( 4 ).
released intentionally. Other phenylmercury compounds
are not known to be used as catalysts in polyurethane
systems and therefore they were not included in the
(3) Mercury
and
its
compounds
are
highly
toxic
to
humans,
ecosystems and wildlife. High doses can be fatal to
assessment performed in the dossier.
humans, but even relatively low doses can have serious
adverse neurodevelopmental impacts and have also been
(8) The
life-cycle
of
the
phenylmercury
compounds
leads
to
linked with possible harmful effects on the cardiov
a significant release of mercury to the environment and
ascular, immune and reproductive systems. Mercury is
adds to the overall emissions of mercury. In particular,
the phenylmercury compounds are degraded in the
( 1 ) OJ L 396, 30.12.2006, p. 1.
environment and give degradation products, including
( 2 ) COM(2005) 20 final.
methylmercury, with equivalent level of concern to
( 3 ) COM(2010) 723 final.
persistent, bioaccumulative and toxic substances (PBTs).
( 4 ) Council Conclusions of 15 March 2011 ‘Review of the Community
The interconversion of metabolites of phenylmercury
Strategy Concerning Mercury’, of 4 December 2008 ‘Addressing
global mercury challenges’ and of 24 June 2005 ‘On the
Community Strategy Concerning Mercury’.
( 5 ) OJ L 182, 10.7.2008, p. 11.

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L 253/6
EN
Official Journal of the European Union
20.9.2012
compounds allows for long range transport properties.
effectiveness in addressing the identified risks in terms of
Therefore as transformation/degradation products with
the proportionality of its socioeconomic benefits to its
PBT-properties are being generated, the phenylmercury
socioeconomic costs.
compounds themselves must be treated like PBT-
substances with regard to emission and exposure
(12) The Agency has submitted to the Commission the
control. To this end, the exposures and emissions to
opinions of the Committees for Risk Assessment and
humans and the environment should be minimised as
Socioeconomic Analysis.
much as possible.
(13) It
is
appropriate
to
provide
for
a
reasonable
period
of
(9) The
main
exposure
to
humans
via
the
environment
may
be through food, in which the phenylmercury
time for the stakeholders concerned to take the measures
compounds degradation products, including methyl
that may be required to comply with the measures set
mercury, may be found. Methylmercury biomagnifies
out in this Regulation.
especially in the aquatic food chain, making human
population and wildlife with a high intake of fish and
(14) The
measures
provided
for
in
this
Regulation
are
in
seafood particularly vulnerable. Methylmercury readily
accordance with the opinion of the Committee estab
passes both the placental barrier and the blood-brain
lished under Article 133 of Regulation (EC) No
barrier, inhibiting potential mental development even
1907/2006,
before birth, making the exposure of women of child-
bearing age and children of greatest concern.
HAS ADOPTED THIS REGULATION:
(10) On
10
June
2011,
the
Committee
for
Risk
Assessment
of
Article 1
the Agency (RAC) adopted its opinion on the proposed
restriction, taking into account its effectiveness in
Annex XVII to Regulation (EC) No 1907/2006 is amended in
reducing the risks to human health and the environment.
accordance with the Annex to this Regulation.
Moreover, RAC identified that other organomercury
compounds might be used as catalysts in the polymer
Article 2
production. However, these substances were not included
in the assessment performed in the dossier.
This Regulation shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
(11) On
15 September 2011 the Committee for Socioe
European Union.
conomic Analysis of the Agency adopted its opinion
on the proposed restriction, taking into account its
It shall apply from 10 October 2017.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 September 2012.
For the Commission
The President
José Manuel BARROSO

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EN
20.9.2012 Official
Journal
of
the
European
Union L
253/7
ANNEX
In Annex XVII to Regulation (EC) No 1907/2006, the following entry 62 is added:
‘62.
1. Shall not be manufactured, placed on the market or used as
substances or in mixtures after 10 October 2017 if the concentration
(a) Phenylmercury acetate
of mercury in the mixtures is equal to or greater than 0,01 % by weight.
EC No: 200-532-5
CAS No: 62-38-4
2. Articles
or
any
parts
thereof
containing
one
or
more
of
these
substances shall not be placed on the market after 10 October 2017
(b) Phenylmercury propionate
if the concentration of mercury in the articles or any part thereof is
EC No: 203-094-3
equal to or greater than 0,01 % by weight.’
CAS No: 103-27-5
(c) Phenylmercury 2-ethylhexanoate
EC No: 236-326-7
CAS No: 13302-00-6
(d) Phenylmercury octanoate
EC No: -
CAS No: 13864-38-5
(e) Phenylmercury neodecanoate
EC No: 247-783-7
CAS No: 26545-49-3

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Document Outline

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