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

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

A-9-2024-0002

Committee on the Environment, Public Health and Food Safety · Rapporteur: Marlene Mortler

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Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.

Parliament's amended version of the Commission proposal to amend Regulation (EU) 2017/852 on mercury sets a ban on dental amalgam for all patients from 1 January 2025, except where a dental practitioner deems it strictly necessary for duly justified specific medical needs. It requires mercury-added products still in circulation that can no longer be used to be treated as waste and collected separately. It adds reporting duties for member states on measures to cut mercury emissions from crematoria, and for the Commission to report on those emissions and draft abatement guidelines. It asks the Commission to report by 30 June 2026 on the feasibility of withdrawing dental amalgam exemptions by 2030, and by 31 December 2026 on the Minamata Convention, remaining mercury uses and mercury waste sources.

Committee position. The Committee on the Environment, Public Health and Food Safety proposes that Parliament adopt its first-reading position amending the Commission proposal, notably to ban dental amalgam from 1 January 2025, require separate collection of unused mercury-added products, and add reporting and review duties on crematoria and remaining mercury uses.

Key points

  1. A new recital states that mercury is a chemical of global concern and harms human health, passing from mothers to children via the placenta or breastfeeding.
  2. A recital cites the affordability of mercury-free alternatives and the transition to mercury-free fillings in many member states as reasons to prohibit dental amalgam for the whole population, while keeping it possible for patients with specific medical needs.
  3. A new recital states that crematoria are a significant source of mercury releases and that information on member state measures and guidelines for crematoria are needed.
  4. A recital updates the expiry dates of exemptions for mercury-added lamps under Directive 2011/65/EU.
  5. A new recital asks the Commission to report on implementation and enforcement of the Minamata Convention, including mercury in cosmetics and non-allowed uses, and to assess remaining uses such as porosimetry, lighthouses and vaccines.
  6. A new recital notes the lack of proper collection systems for mercury-added products and continued secondary emissions from landfills and waste incinerators.
  7. From 1 January 2025, dental amalgam is not to be used for dental treatment of any member of the population, except when deemed strictly necessary by the dental practitioner based on duly justified specific medical needs of the patient.
  8. Mercury-added products still in circulation that can no longer be used are to be considered waste and collected separately and in an environmentally sound manner.
  9. By 31 June 2024, and every two years thereafter, member states are to report to the Commission on planned and implemented measures to reduce mercury emissions and releases from crematoria, and the Commission is to make that data publicly available.
  10. By 31 December 2025, the Commission is to report to Parliament and the Council on reducing mercury emissions and releases from crematoria and, where appropriate, draft guidelines on abatement technologies.
  11. By 30 June 2026, the Commission is to report on the feasibility of withdrawing dental amalgam exemptions by 2030 and the impact on patients, and by 31 December 2026 on the Minamata Convention, remaining mercury uses and mercury waste sources, proposing measures where appropriate.
  12. The Commission is to present a legislative proposal together with its reports where appropriate.

Who is affected

  • Dental patients: dental amalgam is banned for all from 1 January 2025, except for duly justified specific medical needs.
  • Dental practitioners: they may still use amalgam when they deem it strictly necessary based on a patient's specific medical needs.
  • Member states: they must report to the Commission on crematoria emission measures by 31 June 2024 and every two years thereafter.
  • Crematoria: the Commission is to report on their mercury emissions and may draft abatement guidelines.
  • Holders of unused mercury-added products: such products are to be treated as waste and collected separately.

Figures and deadlines

  • 1 January 2025: date from which dental amalgam shall not be used for dental treatment of any member of the population.
  • 31 June 2024: first deadline for member states to report on crematoria emission measures, then every two years.
  • 31 December 2025: deadline for the Commission to report on crematoria emissions and draft abatement guidelines.
  • 30 June 2026: deadline for the Commission to report on the feasibility of withdrawing dental amalgam exemptions by 2030.
  • 31 December 2026: deadline for the Commission to report on the Minamata Convention, remaining mercury uses and mercury waste sources.
  • 13 April 2016: date the exemption expired for non-linear halophosphate lamps.
  • 24 February 2023: date the exemption expired for certain compact fluorescent lamps and for most high pressure sodium (vapour) lamps.
  • 24 August 2023: date the exemption expires for linear fluorescent lamps for general lighting purposes.

Legal basis: Article 294(2) and Article 192(1) of the Treaty on the Functioning of the European Union.