14.11.2008 Official Journal of the European Union L 304/75 REGULATION (EC) No 1102/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 October 2008 on the banning of exports of metallic mercury and certain mercury compounds and mixtures and the safe storage of metallic mercury (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Commu- nity, and in particular Article 175(1) thereof and, in relation to Article 1 of this Regulation, Article 133 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee (1), After consulting the Committee of the Regions, Acting in accordance with the procedure laid down in Article 251 of the Treaty (3, Whereas: 1 Mercury releases are recognised as a global threat that warrants action at local, regional, national and global level. In accordance with the Communication from the Commis- sion to the Council and the European Parliament entitled ‘Community Strategy Concerning Mercury’, the Council conclusions of 24 June 2005 and the European Parliament’s resolution of 14 March 2006 (°) on the aforementioned strategy, it is necessary to reduce the risk of exposure to mercury for humans and the environment. Measures taken at Community level must be seen as part of a global effort to reduce the risk of exposure to mercury, in particular in the framework of the Mercury Programme under the United Nations Environment Programme. Environmental and social problems arise from the closure of mercury mines in the Community. The support of projects and other initiatives from the available funding 0OJ C 168, 20.7.2007, p. 44. Opinion of the European Parliament of 20 June 2007 (O] C 146 E, 12.6.2008, p. 209), Council Common Position of 20 December 2007 (O] C 52 E, 26.2.2008, p. 1) and Position of the European Parliament of 21 May 2008 (not yet published in the Official Journal). Council Decision of 25 September 2008. OJ C 291 E, 30.11.2006, p. 128. ®) mechanism should continue in order to allow the areas affected to find viable solutions for local environment, employment and economic activities. The export of metallic mercury, cinnabar ore, mercury (1) chloride, mercury (II) oxide and mixtures of metallic mercury with other substances, including alloys of mercury, with a mercury concentration of at least 95 % weight by weight from the Community should be banned in order to significantly reduce the global mercury supply. The export ban will result in considerable amounts of surplus mercury in the Community that should be prevented from re-entering the market. Therefore, the safe storage within the Community of this mercury should be ensured. In order to provide for possibilities of safe storage of metallic mercury that is considered as waste, it is appropriate to derogate from Article 5(3)(a) of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (*) for certain types of landfill, and to declare the criteria set out in section 2.4 of the Annex to Council Decision 2003/33/EC of 19 December 2002 establishing criteria and procedures for the acceptance of waste at landfills pursuant to Article 16 of and Annex II to Directive 1999/31/EC (°) inapplicable for retrievable temporary storage of metallic mercury for more than one year in above-ground facilities dedicated to and equipped for this purpose. The other provisions of Directive 1999/31/EC should apply to all storage facilities for metallic mercury that is considered as waste. This includes the requirement, set out in Article 8(a)(iv) of that Directive, that the applicant for a permit make adequate provision, by way of a financial security or any other equivalent, to ensure that the obligations (including after-care provision) arising under the permit are discharged and that the closure procedures are followed. Furthermore, Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage () applies to such storage facilities. ( OJL 182, 16.7.1999, p. 1. () OJL 11, 16.1.2003, p. 27. () OJ L 143, 30.4.2004, p. 56.