Results of the Fifth Meeting of the Conference of the Parties to the Minamata Convention on Mercury (COP-5)

1. Key results

COP-5 held discussions on certain issues, including the revision of Annexes A and B of the Convention (hereinafter referred to as “Annex A” or “Annex B”) and the threshold relevant to waste contaminated with mercury or mercury compounds.

(1) Revision of mercury-added products (Annex A)

Article 4 of the Convention stipulates provisions for the ban of the manufacture, import, or export of mercury-added products (Annex A), and Article 5 stipulates those for manufacturing processes in which mercury or mercury compounds are used (Annex B). Following on from the previous meeting, COP-5 discussed revising Annexes A and B. Focusing on nine types of mercury-added products, combining those on which the last meeting (COP-4) could not reach agreement and those newly proposed before this meeting (COP-5), COP-5 agreed to eliminate the manufacturing and import and export of the products step by step from the end of 2025 to the end of 2027. With this agreement, the manufacturing and import and export of fluorescent lamps for general lighting purposes, including those on which stepwise abolishment was agreed in the past, will be totally phased out by the end of 2027.

(2) Mercury supply sources and trade

Article 3 of the Convention defines the terms “mercury” and “mercury compounds” and also stipulates provisions for the limit of primary mercury mining, the identification of supply sources of mercury and mercury compounds, and import and export control. COP-5 decided to call for the parties to provide information on their challenges and experience in executing Article 3 and their activities for eradicating the illegal trade of mercury. Moreover, the meeting decided on: the update of the guidance for identifying stocks of mercury and the supply sources of mercury and other compounds, the preparation of guidance on the identification, control, and reduction of primary mercury mining, the implementation of a survey on the current state of mercury compound trade, and other issues.

(3) Artisanal and small-scale gold mining (ASGM)

Article 7 of the Convention requires the party, if at any time it determines that ASGM in its territory is more than insignificant, to: (a) notify the secretariat, (b) develop and implement a national action plan in accordance with Annex C, (c) submit its national action plan to the secretariat no later than three years, and (d) provide a review every three years. COP-5 requested a party that has developed a national action plan to: submit the results of the review on the progress; in the case where ASGM activities are intended to be carried out in the territories of indigenous peoples and local communities, take appropriate measures with the free, prior, and fully-informed consent of the indigenous peoples and local communities; and encourage the engagement of indigenous peoples, local communities, and other relevant stakeholders in the development and implementation of the national action plan.

(4) Emissions of mercury to the atmosphere

Article 8 of the Convention requires the parties that have the relevant sources of emissions of mercury to the atmosphere to use the best available techniques (BAT) and best environmental practices (BEP) to curb the emissions. COP-5 called for the parties with experience in using the guidance on BAT and BEP adopted at COP-1 to provide the secretariat with information on their experience.

(5) Release of mercury to land and water

Article 9 of the Convention requires the parties to develop and update an inventory of releases of mercury from relevant point sources to land and water. It also requires the Conference of the Parties to adopt, as soon as practicable, a guidance on BAT and BEP to control releases of mercury.
 
COP-5 held discussions on the draft guidance on BAT and BEP developed by a group of technical experts and adopted it. 

(6) Mercury waste thresholds

Article 11 of the Convention requires the Conference of the Parties to define mercury waste thresholds subject to the Convention and requires the parties to take appropriate measures for securing the management of such mercury in an environmentally sound manner. COP-5 held discussions mainly on “waste contaminated with mercury or mercury compounds”, on which no threshold was determined among those falling under three categories of such waste. As a result, it defined a 15 mg/kg total concentration of mercury as the threshold subject to the regulations under the Convention and decided to require a party that decides not to apply the threshold to submit to the secretariat information on its appropriate waste management measures.

(7) Effectiveness evaluation of the Convention

Article 22 of the Convention requires the Conference of the Parties to evaluate the effectiveness of the Convention (meaning to evaluate whether certain measures under the Convention effectively work to achieve the purposes of the Convention), beginning no later than six years after the date of entry into force of the Convention and periodically thereafter at intervals to be decided by the Conference of the Parties. COP-5 officially launched a working group to carry out the effectiveness evaluation, adopted a list of indicators for the evaluation, and decided to evaluate the effectiveness at COP-7 in 2027.

(8) National reporting on the implementation of the Convention

Article 21 of the Convention requires the parties to report on the measures that they have taken to implement the Convention and on the effectiveness of such measures. COP-5 held discussions on the results and other information shown in the first full reports submitted by the parties targeting the period from August 2017 to the end of 2020 and adopted the format of national reports and the revised reporting guidance.

(9) Administrative issues

Aside from the above, the parties discussed and decided the program of work and budget for 2024 and how to proceed with reviewing the Convention's financial mechanism.

Future schedule

COP-6 will be held in Geneva, Switzerland, from November 3 to 7, 2025.

Reference (URL)

• Fifth meeting of the Conference of the Parties to the Minamata Convention on Mercury (COP-5): UNEP website

Division in Charge

Chemical Management Policy Division, Manufacturing Industries Bureau