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

TA-9-2024-0019 · P9_TA(2024)0019 · PE753.554

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Parliament's amended version of a proposed regulation amending Regulation (EU) 2017/852 on mercury. It bans dental amalgam for dental treatment of the whole population from 1 January 2025, except where strictly necessary for specific medical needs. It bans the manufacture and export of dental amalgam, requires separate collection of mercury-added products that can no longer be used, and requires Member States to report on measures to cut mercury emissions from crematoria. It asks the Commission to report on crematoria emissions, on phasing out dental amalgam exemptions by 2030, on mercury use in cosmetics and other remaining uses, and to propose measures where appropriate.

Key points

  1. Mercury is described as a chemical of global concern that persists, bioaccumulates, harms health and passes from mothers to children via the placenta or breastfeeding.
  2. The recitals note mercury-free alternatives are affordable and that many Member States are already moving to mercury-free fillings, making a ban feasible and cost-effective.
  3. Crematoria are called a significant source of mercury releases, so information on Member State measures and guidelines for crematoria are needed.
  4. Member States should endeavour to ensure appropriate reimbursement for mercury-free alternatives, and the phase-out should be accompanied by professional training for dentists.
  5. The Commission should report on implementation and enforcement of the Minamata Convention, including mercury use in cosmetics and manufacturing, import and export for non-allowed uses.
  6. The lack of proper collection systems for mercury-added products leads to secondary emissions from landfills and incinerators, so separate, environmentally sound collection is needed.
  7. From 1 January 2025, dental amalgam shall not 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.
  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 30 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 public.
  10. By 31 December 2025, the Commission shall report to Parliament and the Council on reducing mercury emissions from crematoria and, where appropriate, draft guidelines on abatement technologies.
  11. By 30 June 2026, the Commission shall report on the feasibility of withdrawing dental amalgam exemptions by 2030 and the impact on patients, and by 31 December 2026 report on the Convention, remaining mercury uses and expanding the waste sources list.
  12. The Commission shall, if appropriate, present a legislative proposal together with its reports under this Article.

Who is affected

  • Dental patients: dental amalgam is banned for treatment from 1 January 2025, except for strictly necessary specific medical needs.
  • Dentists: must stop using dental amalgam except where strictly necessary, and may need training for mercury-free techniques.
  • Member States: must report on crematoria emission measures by 30 June 2024 and every two years, and should ensure reimbursement for mercury-free alternatives.
  • The Commission: must report on crematoria, dental amalgam exemptions, the Minamata Convention and remaining mercury uses, and propose measures where appropriate.
  • Manufacturers and exporters: the manufacture and export of dental amalgam is to be prohibited.

Figures and deadlines

  • 1 January 2025: date from which dental amalgam shall not be used for dental treatment of any member of the population.
  • 30 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 reducing mercury emissions from crematoria.
  • 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 Convention, remaining mercury uses and expanding the waste sources list.
  • 2030: year by which the feasibility of withdrawing dental amalgam exemptions is to be assessed.
  • 2025: year by which the phase-out of mercury in cosmetics by Parties to the Convention is referred to.