The measures required to control the trade of mercury reflect several key principles, namely: mercury to be traded must not be from sources not allowed under the Convention; the consent of the importing country, regardless of whether it is a Party or non-Party, must be obtained before an export; and trade with non-Parties is allowed, provided the non-Party can provide a certification that it has certain measures in place equivalent to those required of a Party. These measures are intended to help protect human health and the environment by reducing mercury availability and preventing its uncontrolled distribution.

Regulating mercury supply and trade

 

Primary mercury mining continues to take place in some countries, increasing global supply of mercury, estimated in 2015 at 3,850-4,400 tonnes per year. Under Article 3, the Convention requires that mercury from sources such as decommissioned chlor-alkali facilities and other industrial processes be managed in an environmentally sound manner and not be used in prohibited activities. Minimizing the supply of mercury on the global market is key to achieving the objective of the Convention.

If not effectively controlled, mercury supply and trade can contribute to continued environmental contamination, particularly through the demand for mercury in artisanal and small-scale gold mining (ASGM), which remains high with between 1,400 and 2,800 metric tonnes being emitted to air and released in water and soil each year. Under Article 3, Parties shall not allow the export of mercury to Parties and non-Parties except under certain conditions, such as written consent of the importing country and for use allowed under the Convention.

 

 

Strengthening international cooperation to address mercury supply

 

In decision MC-5/2 on mercury supply sources and trade, the fifth meeting of the Conference of the Parties (COP-5) invited Parties to submit to the Secretariat, by 25 March 2025, information on experiences and challenges faced in the implementation of Article 3 as well as information on activities undertaken in relation to the Bali Declaration on combating illegal trade in mercury to be compiled by the Secretariat for consideration by COP-6.

Parties are also encouraged to promote joint campaigns and training to enhance the capacity of enforcement and customs officers to control mercury trade at national level. COP-6 will consider guidance on trade of mercury from primary mercury mining, a study of the global supply, trade and use of mercury compounds, as well as a draft update to the existing guidance on stocks adopted in decision MC-1/2.

Measures to control mercury-added products and to limit mercury use in industrial processes have been taken by Parties to the Minamata Convention, and mercury use in products and processes has decreased. This trend is expected to continue, reducing the need for mercury and its trade.

 

Meet the expert

 

Should you need further information, please do not hesitate to contact Lara Ognibene, Legal Officer of the Secretariat of the Minamata Convention on Mercury, at lara.ognibene [at] un.org.