Summary
Details
- Global
Mandatory: Parties must implement treaty controls through national measures.
Functionally mandatory: Companies must comply with domestic mercury product, trade, waste and emissions rules.
Stronger requirements: Mercury-added products, ASGM, industrial processes, emissions sources and mercury waste.
Some products, uses or medical/technical cases may have exemptions or phase-down approaches.
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What’s Required
The Minamata Convention regulates mercury across its lifecycle, from mining and trade through products, industrial processes, emissions, releases, storage and waste. Its official text and annexes include controls on mercury-added products, manufacturing processes using mercury, emissions, releases and reporting obligations.
The core architecture includes:
Controls on mercury supply sources and trade.
Restrictions on mercury-added products.
Phase-out or phase-down of mercury in manufacturing processes.
Controls on artisanal and small-scale gold mining.
Measures on emissions to air.
Measures on releases to land and water.
Environmentally sound interim storage.
Mercury waste management.
Contaminated site management.
National action plans and reporting.
This creates a global mercury lifecycle governance model, where compliance concerns the chemical itself, products containing it and pollution pathways.
1. Mercury Supply and Trade Controls
The Convention controls mercury supply and trade because mercury can move globally and remain hazardous through multiple uses.
Parties must manage:
Primary mercury mining.
Export and import controls.
Written consent procedures.
Mercury compounds.
Mercury mixtures.
Mercury stocks.
Environmentally sound storage.
This creates a controlled substance trade regime, where mercury cannot be treated as a normal commodity.
2. Mercury-Added Products
The Convention restricts or phases out several mercury-added products.
Relevant categories include:
Batteries.
Switches and relays.
Certain lamps.
Cosmetics where applicable.
Pesticides, biocides and topical antiseptics where applicable.
Non-electronic measuring devices.
Dental amalgam measures.
Other products added or amended through Conference of the Parties decisions.
The Convention booklet was updated in 2024 to reflect COP-5 decisions, showing that the treaty continues to evolve through amendments and implementation decisions.
3. Manufacturing Processes Using Mercury
The Convention also covers industrial processes where mercury or mercury compounds are used.
Affected areas include:
Chlor-alkali production.
Acetaldehyde production.
Vinyl chloride monomer production.
Sodium or potassium methylate or ethylate production.
Polyurethane production using mercury-containing catalysts.
The official text includes measures for some processes to reduce mercury use, reduce emissions and releases, support mercury-free alternatives, and phase out mercury use where feasible.
This creates an industrial process substitution model, where mercury-dependent production must shift to safer alternatives.
4. Artisanal and Small-Scale Gold Mining
Artisanal and small-scale gold mining, or ASGM, is one of the most important mercury issues globally.
The Convention requires Parties with more than insignificant ASGM to develop national action plans.
This affects:
Informal mining.
Gold supply chains.
Refiners.
Jewellery.
Financial flows.
Mercury traders.
Local communities.
Indigenous and rural health.
Water and soil contamination.
This creates a mining and human health governance layer, where mercury control intersects with poverty, informal labour, illegal trade and responsible sourcing.
5. Emissions, Releases and Waste
The Convention controls mercury pollution pathways.
Companies and governments must address:
Emissions to air.
Releases to land and water.
Coal combustion.
Non-ferrous metals production.
Cement production.
Waste incineration.
Contaminated sites.
Mercury waste.
Storage and disposal.
This creates a pollution prevention and hazardous waste governance model, where mercury must be controlled beyond product bans.
6. Product, Procurement and Scope 3 Implications
The Minamata Convention affects companies that buy or sell products containing mercury or operate in sectors where mercury may appear in legacy equipment or waste.
Affected supply chains include:
Healthcare.
Dentistry.
Lighting.
Laboratory equipment.
Industrial controls.
Mining and gold.
Electronics.
Energy and cement.
Hazardous waste.
Demolition and remediation.
Companies should screen:
Mercury-added products.
Legacy measuring devices.
Dental materials.
Lamps and lighting systems.
Waste contractors.
Gold sourcing chains.
Industrial catalysts.
Emissions control systems.
This creates a restricted-substance procurement model, where mercury content affects market access, waste obligations and supplier eligibility.
Important Deadlines
Key timelines include:
2013: Minamata Convention adopted.
2017: Convention entered into force.
2024: Convention booklet updated to reflect COP-5 decisions.
Ongoing: Parties submit reports under Article 21.
Ongoing: Product and process restrictions are implemented through national law.
Ongoing: ASGM national action plans and emissions controls are developed by relevant Parties.
Current Status
The Convention is active and expanding.
Current focus areas include:
Mercury-added product phase-outs.
Dental amalgam.
ASGM implementation.
Mercury emissions from industry.
Mercury waste and storage.
Contaminated sites.
Gold supply chains.
Updated COP decisions and amendments.
National implementation and reporting.
Penalties for Non-Compliance
Potential consequences include:
Import refusal.
Product bans.
Customs seizure.
Waste enforcement.
Industrial permitting consequences.
Mining enforcement.
Fines under national law.
Product recalls.
Supplier delisting.
Contaminated-site liability.
Examples of Known Violations
Typical violations and failure modes include:
Illegal mercury mining, trading or smuggling.
Misdeclaring mercury shipments to avoid customs controls.
Supplying mercury to illegal or informal gold mining operations.
Continuing to manufacture, import or sell restricted mercury-added products.
Using mercury in industrial processes beyond permitted limits or phase-out dates.
Poor management of mercury waste, contaminated equipment or dental amalgam waste.
Uncontrolled mercury emissions from industrial sources such as coal, cement, metals or waste incineration.
Weak national enforcement of mercury trade, product, mining, emissions or waste rules.
Resources
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