What changed

on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2017/852 of the European Parliament and of the Council of 17 May 2017 on mercury as regards dental amalgam and other mercury-added products subject to manufacturing, import and export restrictions

P9_TA(2024)0019

PR_COD_1amCom

Mercury: dental amalgam and other mercury-added products subject to manufacturing, import and export restrictions

Symbols for procedures

Committee on the Environment, Public Health and Food Safety

* Consultation procedure

PE753.554

*** Consent procedure

Amendments adopted by the European Parliament on 17 January 2024 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2017/852 of the European Parliament and of the Council of 17 May 2017 on mercury as regards dental amalgam and other mercury-added products subject to manufacturing, import and export restrictions (COM(2023)0395 – C9-0309/2023 – 2023/0272(COD))

***I Ordinary legislative procedure (first reading)

***II Ordinary legislative procedure (second reading)

***III Ordinary legislative procedure (third reading)

(The type of procedure depends on the legal basis proposed by the draft act.)

Amendments to a draft act

Amendments by Parliament set out in two columns

Deletions are indicated in bold italics in the left-hand column. Replacements are indicated in bold italics in both columns. New text is indicated in bold italics in the right-hand column.

The first and second lines of the header of each amendment identify the relevant part of the draft act under consideration. If an amendment pertains to an existing act that the draft act is seeking to amend, the amendment heading includes a third line identifying the existing act and a fourth line identifying the provision in that act that Parliament wishes to amend.

Amendments by Parliament in the form of a consolidated text

New text is highlighted in bold italics. Deletions are indicated using either the ▌symbol or strikeout. Replacements are indicated by highlighting the new text in bold italics and by deleting or striking out the text that has been replaced.

By way of exception, purely technical changes made by the drafting departments in preparing the final text are not highlighted.

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2017/852 of the European Parliament and of the Council of 17 May 2017 on mercury as regards dental amalgam and other mercury-added products subject to manufacturing, import and export restrictions

(COM(2023)0395 – C90309/2023 – 2023/0272(COD))

(Ordinary legislative procedure: first reading)

– having regard to the Commission proposal to Parliament and the Council (COM(2023)0395),

– having regard to Article 294(2) and Article 192(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90309/2023),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the opinion of the European Economic and Social Committee of 26 October 2023,

– after consulting the Committee of the Regions,

– having regard to Rule 59 of its Rules of Procedure,

– having regard to the report of the Committee on the Environment, Public Health and Food Safety (A9-0002/2024),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment 1

(4a) Crematoria are a significant source of releases of mercury into the atmosphere and even with a phase-out of dental amalgam, crematoria will continue to contribute to mercury pollution of air, water, and soil. It is necessary to collect information on measures implemented in Member States, and to develop guidelines for crematoria, in order to achieve appropriate pollution prevention and to mitigate the impact on the environment and human health.

Amendment 16

Proposal for a regulation

Recital 4 b (new)

Text proposed by the Commission

Amendment

(4b) To limit the socio-economic impact of a shift to mercury-free fillings on the costs of dental care for patients and dentists, Member States should endeavour to ensure appropriate reimbursement is made available for mercury-free alternatives. The phase-out of dental amalgam should be accompanied by professional training for dentists, where appropriate, in order to adjust to new techniques.

Amendment 4

46 Council Decision (EU) 2022/549 of 17 March 2022 on the position to be taken on behalf of the European Union at the second segment of the fourth meeting of the Conference of the Parties to the Minamata

46 Council Decision (EU) 2022/549 of 17 March 2022 on the position to be taken on behalf of the European Union at the second segment of the fourth meeting of the Conference of the Parties to the Minamata Convention on Mercury as regards the adoption of a Decision to amend Annexes A and B to that Convention (OJ L 107, 6.4.2022, p. 78).

Amendment 5

(1b) In Article 18, the following paragraph is added:

‘3a. By 3130 June 2024, and every two years thereafter, Member States shall report to the Commission on planned and implemented measures to reduce mercury emissions and releases from crematoria.

The Commission shall make the data on measures reported by Member States in accordance with the first subparagraph publicly available.’

Amendment

(1d)(1e) In Article 19, paragraph 3 is replaced by the following:

3. The Commission shall, if appropriate, present a legislative proposal together with its reports referred to in paragraphs 1 and 2.

"3. The Commission shall, if appropriate, present a legislative proposal together with its reports referred to in this Article."

(02017R0852)

Amendment 13

31.12.2025

ANNEX: LIST OF ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur declares that she has received input from the following entities or persons in the preparation of the report, until the adoption thereof in committee:

Entity and/or person

Bundeszahnärztekammer

European Network for Environmental Medicine

PROCEDURE – COMMITTEE RESPONSIBLE

Title

Amending Regulation (EU) 2017/852 of the European Parliament and of the Council of 17 May 2017 on mercury as regards dental amalgam and other mercury-added products subject to manufacturing, import and export restrictions

References

COM(2023)0395 – C9-0309/2023 – 2023/0272(COD)

Date submitted to Parliament

14.7.2023

Committee responsible

Date announced in plenary

ENVI

11.9.2023

Rapporteurs

Date appointed

Marlene Mortler

23.8.2023

Discussed in committee

20.11.2023

Date adopted

11.1.2024

Result of final vote

+:

–:

0:

70

3

7

Members present for the final vote

Catherine Amalric, Mathilde Androuët, Maria Arena, Traian Băsescu, Aurélia Beigneux, Hildegard Bentele, Delara Burkhardt, Pascal Canfin, Nathalie Colin-Oesterlé, Corina Crețu, Maria Angela Danzì, Esther de Lange, Bas Eickhout, Cyrus Engerer, Malte Gallée, Gianna Gancia, Teuvo Hakkarainen, Anja Hazekamp, Martin Hojsík, Pär Holmgren, Jan Huitema, Petros Kokkalis, Ewa Kopacz, Peter Liese, Javi López, César Luena, Elżbieta Katarzyna Łukacijewska, Marian-Jean Marinescu, Lydie Massard, Marina Mesure, Tilly Metz, Silvia Modig, Ville Niinistö, Ljudmila Novak, Grace O’Sullivan, Nikos Papandreou, Jutta Paulus, Jessica Polfjärd, Sándor Rónai, Maria Veronica Rossi, Laurence Sailliet, Silvia Sardone, Ivan Vilibor Sinčić, Maria Spyraki, Nils Torvalds, Edina Tóth, Alexandr Vondra, Emma Wiesner

Substitutes present for the final vote

João Albuquerque, Catherine Chabaud, Christophe Clergeau, Estrella Durá Ferrandis, Jens Gieseke, Nicolás González Casares, Radan Kanev, Ska Keller, Danilo Oscar Lancini, Marisa Matias, Max Orville, Robert Roos, Susana Solís Pérez, Róża Thun und Hohenstein, Nikolaj Villumsen

Substitutes under Rule 209(7) present for the final vote

Mazaly Aguilar, Tom Berendsen, Lars Patrick Berg, Marie Dauchy, Andrius Kubilius, Karen Melchior, Andżelika Anna Możdżanowska, Andrey Novakov, Maite Pagazaurtundúa, Markus Pieper, René Repasi, Raffaele Stancanelli, François Thiollet, Johan Van Overtveldt, Lucia Vuolo, Bernhard Zimniok, Carlos Zorrinho

Date tabled

12.1.2024

FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

Key to symbols: