BETA


2023/0272(COD) Mercury: dental amalgam and other mercury-added products subject to manufacturing, import and export restrictions

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead ENVI MORTLER Marlene (icon: EPP EPP) FRITZON Heléne (icon: S&D S&D), AMALRIC Catherine (icon: Renew Renew), METZ Tilly (icon: Verts/ALE Verts/ALE), VONDRA Alexandr (icon: ECR ECR), VILLUMSEN Nikolaj (icon: GUE/NGL GUE/NGL)
Lead committee dossier:
Legal Basis:
TFEU 192-p1

Events

2024/07/10
   Final act published in Official Journal
2024/06/13
   CSL - Draft final act
Documents
2024/06/13
   CSL - Final act signed
2024/05/30
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2024/04/10
   EP - Decision by Parliament, 1st reading
Details

The European Parliament adopted by 575 votes to 12, with 38 abstentions, a 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 on mercury as regards dental amalgam and other mercury-added products subject to manufacturing, import and export restrictions.

The position adopted by the European Parliament at first reading under the ordinary legislative procedure is as follows:

Dental amalgam

The Regulation proposed that from 1 January 2025 , dental amalgam should not be used for dental treatment in the Union, except when deemed strictly necessary by the dental practitioner based on the specific medical needs of the patient.

Dental amalgam may be used for dental treatment until 30 June 2026 in order to limit the socio-economic impact of the phase-out of dental amalgam, in particular on low-income patients. Member States in which dental amalgam is the only publicly reimbursed material at a rate of at least 90 % under national law, and in which such reimbursement is not yet possible for mercury-free alternatives as of 1 January 2025. Member States should provide reasoned explanations for making use of the derogation.

From 1 January 2025, the export of dental amalgam should be prohibited. From 1 July 2026 , the import and manufacturing of dental amalgam should be prohibited. By way of derogation, the import and manufacturing of dental amalgam should be allowed for specific medical needs.

By 31 May of a given calendar year, importers and manufacturers of dental amalgam should report to their competent authority for the preceding calendar year the amount of dental amalgam they imported or manufactured.

Restriction on the manufacture and export of certain mercury-added lamps

Mercury-added products such as linear triband phosphor lamps for general lighting purposes that are not already covered by Annex II, as well as non-linear triband phosphor lamps, should be subject to a ban on manufacture, import and export from 31.12.2026 .

Review

By 31 December 2029 , the Commission should report to the European Parliament and to the Council on:

- the implementation and impact of the guidance, developed by the Commission by 31 December 2025, on abatement technologies for emissions of mercury and mercury compounds from crematoria applied in Member States;

- the need to maintain the exemption from the prohibition on the use of dental amalgam;

- the developments under the Convention as regards the phase-out of illegal mercury use in cosmetics ;

- the need to phase out remaining mercury uses;

- the need to expand the list of mercury waste sources;

- the need to expand the list of mercury compounds set out in Annex I, by adding, for example, mercuric azanide chloride (HgNH2Cl).

Documents
2024/03/11
   EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
2024/02/21
   CSL - Coreper letter confirming interinstitutional agreement
2024/01/17
   EP - Results of vote in Parliament
2024/01/17
   EP - Decision by Parliament, 1st reading
Details

The European Parliament adopted by 550 votes to 14, with 64 abstentions, amendments to 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.

The matter was referred back to the committee responsible for inter-institutional negotiations.

The main amendments adopted in plenary relate to the following:

Dental amalgam

From 1 January 2025 , dental amalgam should 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 of the patient.

Waste

Mercury-added products that are still in circulation and that can no longer be used should be considered waste and should be collected separately and in an environmentally sound manner.

Restriction on the manufacture and export of certain mercury-added lamps

Mercury-added products such as linear triband phosphor lamps for general lighting purposes that are not already covered by Annex II, as well as non-linear triband phosphor lamps, should be subject to a ban on manufacture, import and export from 31.12.2025 (instead of 31.12.2027).

Report and review

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.

Members suggested that by 30 June 2024, and every two years thereafter, Member States should report to the Commission on planned and implemented measures to reduce mercury emissions and releases from crematoria. By 31 December 2025, the Commission should report to the European Parliament and to the Council on the reduction of mercury emissions and releases from crematoria on the basis of the reporting and, where appropriate, draft guidelines on the abatement technologies to control and reduce mercury emissions and releases from crematoria.

By 30 June 2026, the Commission should submit a report assessing the feasibility of withdrawing the exemptions for the use of dental amalgam , by 2030. That report should also outline the impact on the health of patients generally and patients dependent on amalgam fillings.

At the latest by 31 December 2026, the Commission should report to the European Parliament and to the Council on:

- the implementation and enforcement of the Convention including as regards the phase-out of mercury in cosmetics by 2025 by the Parties to the Convention and controlling and eliminating the manufacturing, import and export of mercury compounds for illegal practices within the Union and globally;

- the need to phase out remaining mercury uses, such as in lighthouses and porosimetry;

- the necessity to expand the list of mercury waste sources.

In parallel, the Commission should, where appropriate, propose measures, such as a review of Regulation (EU) No 649/2012 of the European Parliament and of the Council concerning the export and import of hazardous chemicals and restrictions of exports of mercuric azanide chloride (HgNH2Cl).

Documents
2024/01/17
   EP - Matter referred back to the committee responsible
2024/01/12
   EP - Committee report tabled for plenary, 1st reading
Details

The Committee on the Environment, Public Health and Food Safety adopted the report by Marlene MORTLER (EPP, DE) 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 on mercury as regards dental amalgam and other mercury-added products subject to manufacturing, import and export restrictions.

The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:

Dental amalgam

The report stated that considering the availability of mercury-free alternatives, the affordability of alternative materials and the current transition to mercury-free fillings in many Member States, it is appropriate to prohibit the use of dental amalgam for dental treatment of all members of the population, whilst maintaining the possibility of using dental amalgam for patients with specific medical needs.

From 1 January 2025 , dental amalgam should 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 of the patient.

Waste

Mercury-added products that are still in circulation and that can no longer be used should be considered waste and should be collected separately and in an environmentally sound manner.

Restriction on the manufacture and export of certain mercury-added lamps

Mercury-added products such as linear triband phosphor lamps for general lighting purposes that are not already covered by Annex II, as well as non-linear triband phosphor lamps, should be subject to a ban on manufacture, import and export from 31.12.2025 (instead of 31.12.2027).

The report stated that significant co-benefits can be achieved by phasing out the export of mercury-added lamps as soon as possible, given that mercury-free alternatives are more energy-efficient and would therefore prevent tonnes of CO2 emissions from being released.

Report and review

Members suggested that by 30 June 2024, and every two years thereafter, Member States should report to the Commission on planned and implemented measures to reduce mercury emissions and releases from crematoria . By 31 December 2025, the Commission should report to the European Parliament and to the Council on the reduction of mercury emissions and releases from crematoria on the basis of the reporting and, where appropriate, draft guidelines on the abatement technologies to control and reduce mercury emissions and releases from crematoria.

By 30 June 2026, the Commission should submit a report assessing the feasibility of withdrawing the exemptions for the use of dental amalgam, by 2030. That report should also outline the impact on the health of patients generally and patients dependent on amalgam fillings.

At the latest by 31 December 2026, the Commission should report to the European Parliament and to the Council on:

- the implementation and enforcement of the Convention including as regards the phase-out of mercury in cosmetics by 2025 by the Parties to the Convention and controlling and eliminating the manufacturing, import and export of mercury compounds for illegal practices within the Union and globally;

- the need to phase out remaining mercury uses, such as in lighthouses and porosimetry;

- the necessity to expand the list of mercury waste sources.

Documents
2024/01/11
   EP - Vote in committee, 1st reading
2023/12/19
   EP - Amendments tabled in committee
Documents
2023/11/28
   EP - Amendments tabled in committee
Documents
2023/11/28
   EP - Amendments tabled in committee
Documents
2023/11/14
   CZ_CHAMBER - Contribution
Documents
2023/10/24
   EP - Committee draft report
Documents
2023/09/11
   EP - Committee referral announced in Parliament, 1st reading
2023/08/23
   EP - MORTLER Marlene (EPP) appointed as rapporteur in ENVI
2023/07/14
   EC - Document attached to the procedure
2023/07/14
   EC - Document attached to the procedure
2023/07/14
   EC - Document attached to the procedure
2023/07/14
   EC - Document attached to the procedure
2023/07/14
   EC - Legislative proposal published
Details

PURPOSE: to phase out the use of dental amalgam and to restrict the manufacture and export of certain mercury-containing lamps.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: mercury is a highly toxic element and a major risk to the environment and human health. Dental amalgam is the largest remaining intentional use of mercury in the Union estimated at around 40 t in 2019. Considering the risk posed by mercury to both human health and the environment, the Commission developed in 2005 a dedicated Mercury Strategy as reviewed in 20103 inviting the Union to address all facets of mercury, including its use in products.

According to the review clause established in Regulation (EU) 2017/852 (the Mercury Regulation), the Commission is asked to report to the European Parliament and to the Council on the outcome of its assessment regarding:

- the feasibility of a total phase-out of the use of dental amalgam preferably by 2030 and the need for the EU to regulate associated mercury emissions from crematoria;

- the environmental benefits and the feasibility of prohibiting the manufacturing, import and export of other remaining mercury-added products, which are already or will soon be banned from being placed on the market in accordance with other Union instruments.

The Commission adopted in August 2020 its Review Report on the feasibility of phasing out the use of mercury in dental amalgam and other products. Both this report and the subsequent Commission’s impact assessment pointed to the appropriateness of presenting a legislative proposal to phase out the use of dental amalgam and to restrict the manufacture and export of certain mercury-containing lamps .

This initiative contributes to implementing the 2020 EU Chemicals Strategy for Sustainability and 2021 EU Zero Pollution Action Plan adopted under the European Green Deal.

CONTENT: the objectives of this proposal amending Regulation (EU) 2017/852 on mercury are as follows:

(a) extend the prohibition to use dental amalgam to include all members of the population in the Union as from 1 January 2025 (total phase-out), whilst safeguarding the right of the dental practitioners to still use it when deemed strictly necessary for addressing specific medical needs of the patient (e.g., allergies, moisture control issues etc.);

(b) set a prohibition on the manufacturing in the Union and export of dental amalgam as from 1 January 2025;

(c) make the following six additional mercury-added products subject to a manufacturing, import and export prohibition by adding them to Annex II:

- compact fluorescent lamps (CFLs) for general lighting purposes, not yet covered by Annex II nor by the concomitant amendment to Annex II resulting from above-cited Delegated Act;

- triband phosphor linear fluorescent lamps (LFLs) for general lighting purposes not yet covered by Annex II;

- halophosphate phosphor LFLs for general lighting purposes not yet covered by Annex II;

- non-linear triband phosphor lamps for general lighting purposes;

- non-linear halophosphate phosphor lamps;

- high pressure sodium (vapour) lamps for general lighting purpose.

It should be noted that this proposal does not introduce an EU-wide obligation for Member States and operators to equip crematoria with mercury emissions abatement technology.

Documents

  • Draft final act: 00053/2024/LEX
  • Decision by Parliament, 1st reading: T9-0191/2024
  • Approval in committee of the text agreed at 1st reading interinstitutional negotiations: GEDA/A/(2024)001159
  • Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)001159
  • Results of vote in Parliament: Results of vote in Parliament
  • Decision by Parliament, 1st reading: T9-0019/2024
  • Committee report tabled for plenary, 1st reading: A9-0002/2024
  • Amendments tabled in committee: PE757.033
  • Amendments tabled in committee: PE756.167
  • Amendments tabled in committee: PE756.274
  • Contribution: COM(2023)0395
  • Committee draft report: PE753.554
  • Document attached to the procedure: EUR-Lex
  • Document attached to the procedure: SEC(2023)0395
  • Document attached to the procedure: EUR-Lex
  • Document attached to the procedure: SWD(2023)0395
  • Document attached to the procedure: EUR-Lex
  • Document attached to the procedure: SWD(2023)0396
  • Document attached to the procedure: EUR-Lex
  • Document attached to the procedure: SWD(2023)0397
  • Legislative proposal published: COM(2023)0395
  • Legislative proposal published: EUR-Lex
  • Document attached to the procedure: EUR-Lex SEC(2023)0395
  • Document attached to the procedure: EUR-Lex SWD(2023)0395
  • Document attached to the procedure: EUR-Lex SWD(2023)0396
  • Document attached to the procedure: EUR-Lex SWD(2023)0397
  • Committee draft report: PE753.554
  • Amendments tabled in committee: PE756.167
  • Amendments tabled in committee: PE756.274
  • Amendments tabled in committee: PE757.033
  • Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)001159
  • Draft final act: 00053/2024/LEX
  • Contribution: COM(2023)0395

Votes

A9-0002/2024 – Marlene Mortler – After recital 4 – Am 16 #

2024/01/17 Outcome: +: 305, -: 218, 0: 101
PL DE IT CZ EL IE HU BG LV HR SK SI BE LT AT CY LU FI EE PT MT RO NL FR DK SE ES
Total
46
80
65
21
19
13
18
13
5
12
14
8
20
8
15
6
6
13
7
20
5
26
24
72
12
20
56
icon: PPE PPE
156

Hungary PPE

1

Latvia PPE

2

Cyprus PPE

2

Luxembourg PPE

2

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Against (1)

3

Estonia PPE

For (1)

1

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For (1)

1

Denmark PPE

For (1)

1
icon: ECR ECR
58

Greece ECR

1

Bulgaria ECR

2

Latvia ECR

For (1)

1

Croatia ECR

1

Slovakia ECR

Against (1)

1

Belgium ECR

2

Finland ECR

1

Netherlands ECR

Against (1)

Abstain (1)

4

Sweden ECR

3
icon: ID ID
50

Czechia ID

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1
3

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1

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1
icon: NI NI
44

Germany NI

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2

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1

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1
4
icon: The Left The Left
34

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4

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2

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1

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1

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1
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60

Poland Verts/ALE

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1

Italy Verts/ALE

3

Czechia Verts/ALE

3

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2

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3

Lithuania Verts/ALE

Abstain (1)

1

Austria Verts/ALE

3

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1

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3

Portugal Verts/ALE

Abstain (1)

1

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3

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1

Sweden Verts/ALE

3

Spain Verts/ALE

2
icon: Renew Renew
98

Poland Renew

1

Italy Renew

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2

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1

Ireland Renew

2

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2

Bulgaria Renew

3

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1

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1

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2

Belgium Renew

4

Lithuania Renew

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1

Austria Renew

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1

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2

Finland Renew

3

Estonia Renew

3

Sweden Renew

3
icon: S&D S&D
124

Czechia S&D

For (1)

1

Greece S&D

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1

Hungary S&D

3

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2

Slovakia S&D

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1

Slovenia S&D

2

Belgium S&D

2

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2

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2

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Against (1)

1

Finland S&D

2

Estonia S&D

2

Netherlands S&D

4

A9-0002/2024 – Marlene Mortler – Commission proposal #

2024/01/17 Outcome: +: 550, 0: 64, -: 14
DE FR IT ES PL RO NL PT EL SE BE HU DK IE AT FI HR SK SI LT CY LU EE MT LV CZ BG
Total
81
72
64
56
47
26
24
20
20
20
20
17
14
13
15
13
12
14
8
9
6
6
7
5
5
21
13
icon: PPE PPE
156

Hungary PPE

1

Denmark PPE

For (1)

1

Slovakia PPE

4

Cyprus PPE

2

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2

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1

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For (1)

1

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2
icon: S&D S&D
123

Greece S&D

1

Belgium S&D

2

Hungary S&D

2

Slovakia S&D

For (1)

1

Slovenia S&D

2

Lithuania S&D

2

Cyprus S&D

2

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For (1)

1

Estonia S&D

2

Czechia S&D

Abstain (1)

1

Bulgaria S&D

2
icon: Renew Renew
99

Italy Renew

2

Poland Renew

1

Greece Renew

1
3

Hungary Renew

2

Ireland Renew

2

Austria Renew

For (1)

1

Finland Renew

3

Croatia Renew

For (1)

1

Slovenia Renew

2

Lithuania Renew

1

Luxembourg Renew

2

Estonia Renew

3

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1
icon: Verts/ALE Verts/ALE
62

Italy Verts/ALE

3

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2

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For (1)

1

Netherlands Verts/ALE

3

Portugal Verts/ALE

1

Sweden Verts/ALE

3

Belgium Verts/ALE

3

Denmark Verts/ALE

2

Ireland Verts/ALE

2

Austria Verts/ALE

3

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3

Lithuania Verts/ALE

For (1)

1

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For (1)

1

Czechia Verts/ALE

3
icon: The Left The Left
35

Netherlands The Left

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1

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1

Belgium The Left

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1

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1

Finland The Left

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1

Cyprus The Left

2

Czechia The Left

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1
icon: NI NI
45

Germany NI

Abstain (1)

3
4

Belgium NI

For (1)

1

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1

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1

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1
icon: ECR ECR
58

Netherlands ECR

Abstain (1)

4

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1

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3

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2

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Abstain (1)

1

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1

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1

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1

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2
icon: ID ID
50

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3

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1

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1

A9-0002/2024 – Marlene Mortler – Provisional agreement – Am 19 #

2024/04/10 Outcome: +: 575, 0: 38, -: 12
DE IT ES FR PL NL SE PT BE HU RO AT BG FI EL IE DK CZ LV SK SI LT LU HR EE CY MT
Total
92
61
56
71
47
28
21
20
21
18
18
18
14
14
15
12
13
21
7
14
7
9
6
6
7
5
4
icon: PPE PPE
155

Hungary PPE

1

Denmark PPE

For (1)

1

Slovakia PPE

Abstain (1)

4

Luxembourg PPE

2

Croatia PPE

2

Estonia PPE

For (1)

1

Cyprus PPE

2

Malta PPE

For (1)

1
icon: S&D S&D
125

Belgium S&D

2

Greece S&D

1

Denmark S&D

2

Czechia S&D

For (1)

1

Latvia S&D

For (1)

1

Slovakia S&D

For (1)

1

Slovenia S&D

For (1)

1

Lithuania S&D

Against (1)

2

Luxembourg S&D

For (1)

1

Estonia S&D

2

Cyprus S&D

2
icon: Renew Renew
96

Poland Renew

1
3

Hungary Renew

2

Austria Renew

For (1)

1

Finland Renew

3

Greece Renew

1

Ireland Renew

2

Latvia Renew

For (1)

1

Slovenia Renew

2

Lithuania Renew

1

Luxembourg Renew

2

Croatia Renew

For (1)

1

Estonia Renew

3
icon: Verts/ALE Verts/ALE
68

Italy Verts/ALE

3

Spain Verts/ALE

3

Poland Verts/ALE

For (1)

1

Netherlands Verts/ALE

3

Sweden Verts/ALE

3

Portugal Verts/ALE

1

Belgium Verts/ALE

3

Austria Verts/ALE

3

Finland Verts/ALE

3

Greece Verts/ALE

For (1)

1

Ireland Verts/ALE

1

Denmark Verts/ALE

2

Czechia Verts/ALE

3

Lithuania Verts/ALE

2

Luxembourg Verts/ALE

For (1)

1
icon: ECR ECR
59

Germany ECR

1

France ECR

For (1)

1

Bulgaria ECR

2

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1

Latvia ECR

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1

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1
icon: The Left The Left
33

Netherlands The Left

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1

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Belgium The Left

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1

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1

Czechia The Left

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1

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1
icon: NI NI
41

Germany NI

Abstain (1)

2

France NI

Abstain (1)

1

Netherlands NI

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1

Belgium NI

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1

Romania NI

For (1)

1

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1

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1
icon: ID ID
48

Austria ID

3

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1

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1

Estonia ID

Abstain (1)

1
AmendmentsDossier
100 2023/0272(COD)
2023/11/27 ENVI 8 amendments...
source: 756.274
2023/11/29 ENVI 62 amendments...
source: 756.167
2023/12/19 ENVI 30 amendments...
source: 757.033

History

(these mark the time of scraping, not the official date of the change)

events/11
date
2024-07-10T00:00:00
type
Final act published in Official Journal
procedure/final
title
Regulation 2024/1849
url
https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32024R1849
procedure/stage_reached
Old
Procedure completed, awaiting publication in Official Journal
New
Procedure completed
docs/9
date
2024-06-13T00:00:00
docs
title: 00053/2024/LEX
type
Draft final act
body
CSL
events/10
date
2024-06-13T00:00:00
type
Final act signed
body
CSL
procedure/Other legal basis
Old
Rules of Procedure EP 159
New
Rules of Procedure EP 165
procedure/stage_reached
Old
Awaiting signature of act
New
Procedure completed, awaiting publication in Official Journal
docs/9
date
2024-06-13T00:00:00
docs
title: 00053/2024/LEX
type
Draft final act
body
CSL
events/10
date
2024-06-13T00:00:00
type
Final act signed
body
CSL
procedure/Other legal basis
Old
Rules of Procedure EP 159
New
Rules of Procedure EP 165
procedure/stage_reached
Old
Awaiting signature of act
New
Procedure completed, awaiting publication in Official Journal
docs/9
date
2024-06-13T00:00:00
docs
title: 00053/2024/LEX
type
Draft final act
body
CSL
events/10
date
2024-06-13T00:00:00
type
Final act signed
body
CSL
procedure/Other legal basis
Old
Rules of Procedure EP 159
New
Rules of Procedure EP 165
procedure/stage_reached
Old
Awaiting signature of act
New
Procedure completed, awaiting publication in Official Journal
docs/9
date
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  • The European Parliament adopted by 575 votes to 12, with 38 abstentions, a 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 on mercury as regards dental amalgam and other mercury-added products subject to manufacturing, import and export restrictions.
  • The position adopted by the European Parliament at first reading under the ordinary legislative procedure is as follows:
  • Dental amalgam
  • The Regulation proposed that from 1 January 2025 , dental amalgam should not be used for dental treatment in the Union, except when deemed strictly necessary by the dental practitioner based on the specific medical needs of the patient.
  • Dental amalgam may be used for dental treatment until 30 June 2026 in order to limit the socio-economic impact of the phase-out of dental amalgam, in particular on low-income patients. Member States in which dental amalgam is the only publicly reimbursed material at a rate of at least 90 % under national law, and in which such reimbursement is not yet possible for mercury-free alternatives as of 1 January 2025. Member States should provide reasoned explanations for making use of the derogation.
  • From 1 January 2025, the export of dental amalgam should be prohibited. From 1 July 2026 , the import and manufacturing of dental amalgam should be prohibited. By way of derogation, the import and manufacturing of dental amalgam should be allowed for specific medical needs.
  • By 31 May of a given calendar year, importers and manufacturers of dental amalgam should report to their competent authority for the preceding calendar year the amount of dental amalgam they imported or manufactured.
  • Restriction on the manufacture and export of certain mercury-added lamps
  • Mercury-added products such as linear triband phosphor lamps for general lighting purposes that are not already covered by Annex II, as well as non-linear triband phosphor lamps, should be subject to a ban on manufacture, import and export from 31.12.2026 .
  • Review
  • By 31 December 2029 , the Commission should report to the European Parliament and to the Council on:
  • - the implementation and impact of the guidance, developed by the Commission by 31 December 2025, on abatement technologies for emissions of mercury and mercury compounds from crematoria applied in Member States;
  • - the need to maintain the exemption from the prohibition on the use of dental amalgam;
  • - the developments under the Convention as regards the phase-out of illegal mercury use in cosmetics ;
  • - the need to phase out remaining mercury uses;
  • - the need to expand the list of mercury waste sources;
  • - the need to expand the list of mercury compounds set out in Annex I, by adding, for example, mercuric azanide chloride (HgNH2Cl).
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  • The European Parliament adopted by 575 votes to 12, with 38 abstentions, a 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 on mercury as regards dental amalgam and other mercury-added products subject to manufacturing, import and export restrictions.
  • The position adopted by the European Parliament at first reading under the ordinary legislative procedure is as follows:
  • Dental amalgam
  • The Regulation proposed that from 1 January 2025 , dental amalgam should not be used for dental treatment in the Union, except when deemed strictly necessary by the dental practitioner based on the specific medical needs of the patient.
  • Dental amalgam may be used for dental treatment until 30 June 2026 in order to limit the socio-economic impact of the phase-out of dental amalgam, in particular on low-income patients. Member States in which dental amalgam is the only publicly reimbursed material at a rate of at least 90 % under national law, and in which such reimbursement is not yet possible for mercury-free alternatives as of 1 January 2025. Member States should provide reasoned explanations for making use of the derogation.
  • From 1 January 2025, the export of dental amalgam should be prohibited. From 1 July 2026 , the import and manufacturing of dental amalgam should be prohibited. By way of derogation, the import and manufacturing of dental amalgam should be allowed for specific medical needs.
  • By 31 May of a given calendar year, importers and manufacturers of dental amalgam should report to their competent authority for the preceding calendar year the amount of dental amalgam they imported or manufactured.
  • Restriction on the manufacture and export of certain mercury-added lamps
  • Mercury-added products such as linear triband phosphor lamps for general lighting purposes that are not already covered by Annex II, as well as non-linear triband phosphor lamps, should be subject to a ban on manufacture, import and export from 31.12.2026 .
  • Review
  • By 31 December 2029 , the Commission should report to the European Parliament and to the Council on:
  • - the implementation and impact of the guidance, developed by the Commission by 31 December 2025, on abatement technologies for emissions of mercury and mercury compounds from crematoria applied in Member States;
  • - the need to maintain the exemption from the prohibition on the use of dental amalgam;
  • - the developments under the Convention as regards the phase-out of illegal mercury use in cosmetics ;
  • - the need to phase out remaining mercury uses;
  • - the need to expand the list of mercury waste sources;
  • - the need to expand the list of mercury compounds set out in Annex I, by adding, for example, mercuric azanide chloride (HgNH2Cl).
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  • The European Parliament adopted by 575 votes to 12, with 38 abstentions, a 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 on mercury as regards dental amalgam and other mercury-added products subject to manufacturing, import and export restrictions.
  • The position adopted by the European Parliament at first reading under the ordinary legislative procedure is as follows:
  • Dental amalgam
  • The Regulation proposed that from 1 January 2025 , dental amalgam should not be used for dental treatment in the Union, except when deemed strictly necessary by the dental practitioner based on the specific medical needs of the patient.
  • Dental amalgam may be used for dental treatment until 30 June 2026 in order to limit the socio-economic impact of the phase-out of dental amalgam, in particular on low-income patients. Member States in which dental amalgam is the only publicly reimbursed material at a rate of at least 90 % under national law, and in which such reimbursement is not yet possible for mercury-free alternatives as of 1 January 2025. Member States should provide reasoned explanations for making use of the derogation.
  • From 1 January 2025, the export of dental amalgam should be prohibited. From 1 July 2026 , the import and manufacturing of dental amalgam should be prohibited. By way of derogation, the import and manufacturing of dental amalgam should be allowed for specific medical needs.
  • By 31 May of a given calendar year, importers and manufacturers of dental amalgam should report to their competent authority for the preceding calendar year the amount of dental amalgam they imported or manufactured.
  • Restriction on the manufacture and export of certain mercury-added lamps
  • Mercury-added products such as linear triband phosphor lamps for general lighting purposes that are not already covered by Annex II, as well as non-linear triband phosphor lamps, should be subject to a ban on manufacture, import and export from 31.12.2026 .
  • Review
  • By 31 December 2029 , the Commission should report to the European Parliament and to the Council on:
  • - the implementation and impact of the guidance, developed by the Commission by 31 December 2025, on abatement technologies for emissions of mercury and mercury compounds from crematoria applied in Member States;
  • - the need to maintain the exemption from the prohibition on the use of dental amalgam;
  • - the developments under the Convention as regards the phase-out of illegal mercury use in cosmetics ;
  • - the need to phase out remaining mercury uses;
  • - the need to expand the list of mercury waste sources;
  • - the need to expand the list of mercury compounds set out in Annex I, by adding, for example, mercuric azanide chloride (HgNH2Cl).
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  • The Committee on the Environment, Public Health and Food Safety adopted the report by Marlene MORTLER (EPP, DE) 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 on mercury as regards dental amalgam and other mercury-added products subject to manufacturing, import and export restrictions.
  • The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
  • Dental amalgam
  • The report stated that considering the availability of mercury-free alternatives, the affordability of alternative materials and the current transition to mercury-free fillings in many Member States, it is appropriate to prohibit the use of dental amalgam for dental treatment of all members of the population, whilst maintaining the possibility of using dental amalgam for patients with specific medical needs.
  • From 1 January 2025 , dental amalgam should 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 of the patient.
  • Waste
  • Mercury-added products that are still in circulation and that can no longer be used should be considered waste and should be collected separately and in an environmentally sound manner.
  • Restriction on the manufacture and export of certain mercury-added lamps
  • Mercury-added products such as linear triband phosphor lamps for general lighting purposes that are not already covered by Annex II, as well as non-linear triband phosphor lamps, should be subject to a ban on manufacture, import and export from 31.12.2025 (instead of 31.12.2027).
  • The report stated that significant co-benefits can be achieved by phasing out the export of mercury-added lamps as soon as possible, given that mercury-free alternatives are more energy-efficient and would therefore prevent tonnes of CO2 emissions from being released.
  • Report and review
  • Members suggested that by 30 June 2024, and every two years thereafter, Member States should report to the Commission on planned and implemented measures to reduce mercury emissions and releases from crematoria . By 31 December 2025, the Commission should report to the European Parliament and to the Council on the reduction of mercury emissions and releases from crematoria on the basis of the reporting and, where appropriate, draft guidelines on the abatement technologies to control and reduce mercury emissions and releases from crematoria.
  • By 30 June 2026, the Commission should submit a report assessing the feasibility of withdrawing the exemptions for the use of dental amalgam, by 2030. That report should also outline the impact on the health of patients generally and patients dependent on amalgam fillings.
  • At the latest by 31 December 2026, the Commission should report to the European Parliament and to the Council on:
  • - the implementation and enforcement of the Convention including as regards the phase-out of mercury in cosmetics by 2025 by the Parties to the Convention and controlling and eliminating the manufacturing, import and export of mercury compounds for illegal practices within the Union and globally;
  • - the need to phase out remaining mercury uses, such as in lighthouses and porosimetry;
  • - the necessity to expand the list of mercury waste sources.
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2024-01-17T00:00:00
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  • The European Parliament adopted by 550 votes to 14, with 64 abstentions, amendments to 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.
  • The matter was referred back to the committee responsible for inter-institutional negotiations.
  • The main amendments adopted in plenary relate to the following:
  • Dental amalgam
  • From 1 January 2025 , dental amalgam should 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 of the patient.
  • Waste
  • Mercury-added products that are still in circulation and that can no longer be used should be considered waste and should be collected separately and in an environmentally sound manner.
  • Restriction on the manufacture and export of certain mercury-added lamps
  • Mercury-added products such as linear triband phosphor lamps for general lighting purposes that are not already covered by Annex II, as well as non-linear triband phosphor lamps, should be subject to a ban on manufacture, import and export from 31.12.2025 (instead of 31.12.2027).
  • Report and review
  • 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.
  • Members suggested that by 30 June 2024, and every two years thereafter, Member States should report to the Commission on planned and implemented measures to reduce mercury emissions and releases from crematoria. By 31 December 2025, the Commission should report to the European Parliament and to the Council on the reduction of mercury emissions and releases from crematoria on the basis of the reporting and, where appropriate, draft guidelines on the abatement technologies to control and reduce mercury emissions and releases from crematoria.
  • By 30 June 2026, the Commission should submit a report assessing the feasibility of withdrawing the exemptions for the use of dental amalgam , by 2030. That report should also outline the impact on the health of patients generally and patients dependent on amalgam fillings.
  • At the latest by 31 December 2026, the Commission should report to the European Parliament and to the Council on:
  • - the implementation and enforcement of the Convention including as regards the phase-out of mercury in cosmetics by 2025 by the Parties to the Convention and controlling and eliminating the manufacturing, import and export of mercury compounds for illegal practices within the Union and globally;
  • - the need to phase out remaining mercury uses, such as in lighthouses and porosimetry;
  • - the necessity to expand the list of mercury waste sources.
  • In parallel, the Commission should, where appropriate, propose measures, such as a review of Regulation (EU) No 649/2012 of the European Parliament and of the Council concerning the export and import of hazardous chemicals and restrictions of exports of mercuric azanide chloride (HgNH2Cl).
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  • PURPOSE: to phase out the use of dental amalgam and to restrict the manufacture and export of certain mercury-containing lamps.
  • PROPOSED ACT: Regulation of the European Parliament and of the Council.
  • ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
  • BACKGROUND: mercury is a highly toxic element and a major risk to the environment and human health. Dental amalgam is the largest remaining intentional use of mercury in the Union estimated at around 40 t in 2019. Considering the risk posed by mercury to both human health and the environment, the Commission developed in 2005 a dedicated Mercury Strategy as reviewed in 20103 inviting the Union to address all facets of mercury, including its use in products.
  • According to the review clause established in Regulation (EU) 2017/852 (the Mercury Regulation), the Commission is asked to report to the European Parliament and to the Council on the outcome of its assessment regarding:
  • - the feasibility of a total phase-out of the use of dental amalgam preferably by 2030 and the need for the EU to regulate associated mercury emissions from crematoria;
  • - the environmental benefits and the feasibility of prohibiting the manufacturing, import and export of other remaining mercury-added products, which are already or will soon be banned from being placed on the market in accordance with other Union instruments.
  • The Commission adopted in August 2020 its Review Report on the feasibility of phasing out the use of mercury in dental amalgam and other products. Both this report and the subsequent Commission’s impact assessment pointed to the appropriateness of presenting a legislative proposal to phase out the use of dental amalgam and to restrict the manufacture and export of certain mercury-containing lamps .
  • This initiative contributes to implementing the 2020 EU Chemicals Strategy for Sustainability and 2021 EU Zero Pollution Action Plan adopted under the European Green Deal.
  • CONTENT: the objectives of this proposal amending Regulation (EU) 2017/852 on mercury are as follows:
  • (a) extend the prohibition to use dental amalgam to include all members of the population in the Union as from 1 January 2025 (total phase-out), whilst safeguarding the right of the dental practitioners to still use it when deemed strictly necessary for addressing specific medical needs of the patient (e.g., allergies, moisture control issues etc.);
  • (b) set a prohibition on the manufacturing in the Union and export of dental amalgam as from 1 January 2025;
  • (c) make the following six additional mercury-added products subject to a manufacturing, import and export prohibition by adding them to Annex II:
  • - compact fluorescent lamps (CFLs) for general lighting purposes, not yet covered by Annex II nor by the concomitant amendment to Annex II resulting from above-cited Delegated Act;
  • - triband phosphor linear fluorescent lamps (LFLs) for general lighting purposes not yet covered by Annex II;
  • - halophosphate phosphor LFLs for general lighting purposes not yet covered by Annex II;
  • - non-linear triband phosphor lamps for general lighting purposes;
  • - non-linear halophosphate phosphor lamps;
  • - high pressure sodium (vapour) lamps for general lighting purpose.
  • It should be noted that this proposal does not introduce an EU-wide obligation for Member States and operators to equip crematoria with mercury emissions abatement technology.