The EU Member States have been split in a debate over whether the exemption that allows the use of mercury in fluorescent lighting products should continue.
Mercury is classified as a toxic material due to its potential to cause damage to both human health and the environment. Whilst the EU banned mercury from being used in much equipment including batteries and electrical equipment, there has been an exemption to its ban to allow its use.
Since 2011 an exemption to Directive 2011/65/EU, on the restriction of the use of certain hazardous substances in electrical and electronic equipment (RoHS), granted the lighting industry permission to use mercury in fluorescent lighting products.
Germany, the Netherlands, Hungary, Poland and the Czech Republic have requested the European Commission continue the exemption for the lighting industry. However, concerns have been raised by member states including Sweden, Finland and Bulgaria over the impact of continued mercury use on the environment. They claim that the argument back in 2011 that supported the exemption is no longer applicable. There was a successful argument that the use of mercury in lighting should be allowed as there was no readily available alternative, as mercury-free LEDs produced significantly poorer lighting levels. However, there have been advances in technology since then so it is argued the exemption is no longer suitable.
A letter from the Swedish government stated: ''Sweden’s main concern is that there are no legal grounds for renewing an exemption for the use in questions. Today there are economically viable substitutes available for most of the mercury-containing light sources.''
They also argued that the exemption would breach the EU's legal obligations under the Minamata Convention. The EU signed the Minamata Convention on Mercury in 2017, this international treaty seeks its signatories to reduce their use of mercury and mercury compounds in order to protect human health and the environment.
The decision the Commission has to make on the exemption will be closely followed, as this is seen as a test of the EU's commitment to its European Green Deal, which was hailed as a 'man on the moon moment' for Europe by Ursula von der Leyen, the European Commission president.
