Key data
| Regulation | Delegated Regulation (EU) 2026/55 — amends Regulation (EU) 2017/852 |
|---|---|
| Publication | March 17, 2026 |
| Entry into force | January 1, 2026 |
| Affected parties | Manufacturers, importers and exporters of products with added mercury in the EU |
| Category | European Regulation |
| Most exposed sectors | Technology, health and lighting |
| Consequences of non-compliance | Administrative sanctions and withdrawal of affected products from the market |
Manufacturers, importers and exporters working with products containing added mercury have an immediate obligation: to verify whether any of their items are included in the new prohibited list established by the Delegated Regulation (EU) 2026/55, published on March 17, 2026 with effect from January 1, 2026.
This regulation amends the Regulation (EU) 2017/852, the European reference standard on mercury, expanding its annex of products subject to prohibitions on manufacture, import and export. It is not a brand new regulation: it is an update that tightens the existing framework, adding more products to the prohibited list.
What does this regulation establish?
Regulation 2026/55 has a specific objective: to expand the catalog of products with added mercury that cannot be manufactured, imported or exported within the territory of the European Union.
The base regulation, Regulation (EU) 2017/852, already established a control framework for mercury in Europe. The new delegated regulation updates its annex of prohibited products, incorporating new categories or product references that were not previously expressly included in that list.
| Aspect | Regulation (EU) 2017/852 (base) | Delegated Regulation 2026/55 (amendment) |
|---|---|---|
| Scope of prohibition annex | Original list of prohibited mercury products | Annex expanded with new products with added mercury |
| Applicable prohibitions | Manufacture, import and export of listed products | Maintained and extended to newly incorporated products |
| Reference date | Entry into force in 2017 | Effect from January 1, 2026 |
To know exactly which specific products are incorporated into the annex, it is essential to consult the full text of Regulation 2026/55 on EUR-Lex, where the updated annex is published with details of each affected product.
Economic and operational impact
The consequences of this regulation are not just documentary compliance. They have a direct impact on the operations and costs of affected companies:
- Product catalog review: Companies must audit their portfolio to identify whether any product contains added mercury and whether it is included in the new prohibited annex.
- Review of contracts with international suppliers: Importers and exporters must update their contracts and compliance controls to avoid transactions with now-prohibited products.
- Risk of market withdrawal: Products that violate the prohibition can be withdrawn from the market by the competent authorities, with the economic and reputational cost that entails.
- Administrative sanctions: Non-compliance can result in administrative sanctions, the specific amount of which depends on the national legislation of each Member State.
- Cost of technological substitution: Companies that use mercury in their production processes will need to evaluate technological alternatives for affected products.
Who does it affect?
The regulation directly impacts the following companies and professionals:
- Manufacturers of products with added mercury established in the EU, especially in the technology, health and lighting sectors.
- Importers who introduce into the European market products with mercury from third countries.
- Exporters who send from the EU products with added mercury to markets outside the Union.
- Technology sector companies that have historically used mercury in electronic components and devices.
- Health sector companies, including manufacturers of medical or diagnostic equipment that may contain mercury.
- Lighting sector companies, given the historical use of mercury in certain types of lamps and lighting systems.
- Compliance officers, operations directors and procurement managers in companies in the mentioned sectors.
Practical example
A Spanish company manufacturing industrial lighting equipment that uses mercury in some of its lamp models must, from January 1, 2026, verify whether those specific models appear in the new annex of Regulation 2026/55.
If any of those models is included in the prohibited list, the company cannot continue manufacturing or exporting them outside the EU. Additionally, if it has stock in storage or in the process of importing mercury-containing components for those models, it must verify whether those operations are also affected by the prohibition.
In case of failing to act and continuing with the manufacture or commercialization of those products, it is exposed to the withdrawal of affected items from the market and to administrative sanctions by the competent authority in Spain.
What should companies do now?
- Consult the updated annex of Regulation 2026/55 on EUR-Lex to identify exactly which products with added mercury are prohibited from January 1, 2026.
- Audit the company's product catalog to determine whether any contain added mercury and whether they match the products listed in the new annex.
- Review contracts with international suppliers to ensure that products now prohibited are not being imported or exported.
- Update internal compliance controls (compliance, customs, operations) to incorporate the new restrictions of Regulation 2026/55.
- Evaluate technological alternatives for affected products that need to be reformulated or replaced to comply with the prohibition.
- Consult with a legal advisor specialized in hazardous substances regulations and foreign trade if there are doubts about product classification or the scope of prohibitions.
Frequently asked questions
What mercury products are prohibited from 2026 in the EU?
Delegated Regulation 2026/55 expands the annex of Regulation (EU) 2017/852 with new products with added mercury subject to prohibition on manufacture, import and export. To know the exact list of affected products, it is necessary to consult the updated annex published in the OJEU, as the regulation does not specify in its executive summary each specific product by name.
When does the prohibition of mercury products under Regulation 2026/55 come into force?
The entry into force is January 1, 2026, although the regulation was published on March 17, 2026. Companies must verify whether their products were already in circulation before that date and how that affects their compliance situation.
Which sectors are most exposed to the mercury prohibition in the EU?
According to the regulation itself, the most exposed industries are technology, health and lighting, given the historical use of mercury in their processes and products.
What happens if a company continues to manufacture or import prohibited mercury products?
Non-compliance can result in administrative sanctions and withdrawal of affected products from the market by the competent authorities, with significant economic and reputational consequences for the company.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. The information provided is based on the text of Regulation (EU) 2026/55 and Regulation (EU) 2017/852 as of the publication date. Regulations may be subject to amendments, interpretations or clarifications by the European Commission or national authorities. Companies should consult with legal and regulatory specialists before making decisions based on this information. The author and publisher assume no liability for the use or misuse of this information.