Swedish regulations on mercury and articles containing mercury
There is a general ban in Sweden on mercury and articles containing mercury. According to this ban, mercury and articles containing mercury may not be placed on the Swedish market or be professionally transferred out of Sweden. In addition, mercury as a substance, compound, and mixture may not be used. There are exemptions from some of the bans and the possibility to apply for a dispensation.
Ban on mercury and articles containing mercury
Exemptions from the ban
Despite the general bans in Sweden, mercury and articles containing mercury may sometimes be used, placed on the Swedish market or be professionally transferred out of Sweden in accordance with the exemptions stated in 10 § of the Regulation.
Furthermore, there are additional national exemptions in Chapter 7 and Appendix 3 of the Swedish Chemicals Agency’s Regulations (KIFS 2017:7). Several of these exemptions are time-limited.
Dispensation from the ban
Where there are special grounds, the Swedish Chemicals Agency may grant a dispensation from the ban on mercury. We can only grant a dispensation in individual cases.
In order for us to consider an application from you for a dispensation, you must provide sufficient grounds for such. It is the applicant company that shall provide proof that the criteria for being granted a dispensation are met. You must therefore submit supporting documentation for us to be able to grant a dispensation.
An application for dispensation shall include a report on your business, the requirement of your business to use mercury, which alternatives have been investigated and a reason why the alternatives are not satisfactory. In order to show that your use will not involve unacceptable exposure, a risk assessment shall be attached to the application setting out all the stages during handling. You shall also present a plan for phasing out your use of the substance.
The information that shall be included in your application is specified in the application form.
In order to encourage the development of alternatives, the Swedish Chemicals Agency does not as a rule grant a dispensation for longer than two years at a time.
Our processing time in these cases is approximately three months and the application fee is SEK 15 000. If you already have a dispensation and are seeking an extension, bear in mind to apply in good time before the dispensation’s expiry.