2023/0272(COD) | [ParlTrack]

Proposal for a regulation
Annex - paragraph 1 – point 2 a

Regulation (EU) 2017/852
Annex I

(1a) In Annex I, the following point is added: ‘Mercury compounds prohibited for export from 1 January 2025 - Mercuric azanide chloride (Hg(NH2)Cl, CAS RN 10124-48-8)’

Amendment 70 #

Proposal for a regulation
Annex – point 2 – entry 4a

Regulation (EU) 2017/852
Annex II - part A – point 4 a (new) and 4 c (new)

Amendment 71 #

Proposal for a regulation
Annex - paragraph 1 – point 2

Regulation (EU) 2017/852
Annex II - part A – point 4 a (new) and 4 c (new)

Mercury-added products Date from which the export, import and manufacturing of the mercury-added products are prohibited ‘4a. Triband phosphor lamps for general lighting 31.12.2027 5 purposes that are not included in entry 4, point (a). 4b. Halophosphate phosphor lamps for general 31.12.2025 lighting purposes that are not included in entry 4, point (b). 4c. Non-linear triband phosphor lamps. 31.12.2027 5 4d. Non-linear halophosphate phosphor lamps. 31.12.2025’; Or. en Justification: 4a. The putting on the market of this category of lamp expired on 24 February 2023 under the Restricition of Hazardous Substances directive. Therefore the full manufacture and export ban could have occurred before 2025. Given that there are mercury free and more cost-efficient alternative (LEDs), and that the few remaining companies still producing this category of lamp have already shifted the production to LED, the export of triband phosphor lamps for general lighting purposes that are not included in entry 4, point (a) can be phased out at much earlier date, and hence by 31.12.2025. 4c. Again, by 24 Feb 2025, the putting on the market of this category of lamp will be phase- out under the R, so there will be Restriction of hazardous substances, nough time for industry to fully phase out the export and manufacture too. Moreover, there are mercury free and cost-efficient alternative (LEDs), to which the EU market is transitionning to.

Amendment 72 #

Proposal for a regulation
Annex – paragraph 1 – 2

Regulation (EU) 2017/852
Annex II – part A– point 4 a (new)

Mercury-added products Date from which the export, import and manufacturing of the mercury-added products are prohibited ‘4a. Triband phosphor lamps for general lighting 31.12.20275 purposes that are not included in entry 4, point (a). Or. en Justification: The putting on the market of this category of lamp expired on 24 February 2023 under the RoHS directive. Therefore, the full manufacture and export ban could have occurred before 2025. Given that there are mercury free and more cost-efficient alternative (LEDs), and that the few remaining companies still producing this category of lamp have already shifted the production to LED, the export of triband phosphor lamps for general lighting purposes that are not included in entry 4, point (a) can be phased out at much earlier date, and hence by 31.12.2025.

Amendment 73 #

Proposal for a regulation
Annex – paragraph 1 – point 2

Regulation (EU) 2017/852
Annex II – part A – point 4 c (new)

Mercury-added products Date from which the export, import and manufacturing of the mercury-added products are prohibited 4c. Non-linear triband phosphor lamps. 31.12.20275

Amendment 74 #

Proposal for a regulation
Annex – paragraph 1 – point 3

Regulation (EU) 2017/852
Annex II – part A – point 5 a (new)

Amendment 75 #

Proposal for a regulation
Annex - paragraph 1 – point 3 Regulation (EU) 2017/852

Mercury-added products Date from which the export, import and manufacturing of the mercury-added products are prohibited 5a. High pressure mercury sodium (vapour) lamps 31.12.2025 (HPS) for general lighting purposes with: (a) P ≤ 105 W exceeding 16 mg Hg (b) 105 W < P ≤ 155 W exceeding 20 mg Hg (c) P > 155 W exceeding 25 mg Hg Or. en Justification: This amendment proposal concerns lamps that are only used in street lighting luminaires. It is of utmost importance to ensure coherence between the Mercury Regulation and the RoHS Directive (Directive 2011/65/EU) which regulates the placing on the market of mercury- containing lamps. If left with conflicting phase-out dates for the same products in different EU legislations, legal uncertainty will be created, confusing businesses, customers and authorities alike. The Commission proposes a restriction date of 31.12.2025 for ‘HPS lamps for general lighting’. However, under the RoHS Directive, some of these general lighting lamps are still allowed to be placed on the EU market until 24 February 2027. Moreover, an application for renewal of these exemptions to allow their placing on the market even beyond that date is still allowed under RoHS. It is important that the proper legal RoHS process which includes a detailed socio-economic impact assessment is carried out when deciding on a final phase-out date for these lamps. We thus propose to remove these very specific lamps and let them be regulated by the RoHS Directive.

Amendment 76 #

Proposal for a regulation
Annex - paragraph 1 – point 3 a

Regulation (EU) 2017/852
Annex II - part A – point 5 a (new)

Mercury-added products Date from which the export, import and manufacturing of the mercury-added products are prohibited 5a. High Pressure Sodium (vapour) lamps (HPS) 31.12.2025 for general lighting purposes with improved colour rendering index 80≥Ra>60

source: 756.274

2023/11/29 ENVI 62 amendments...

Amendment 10 #

Proposal for a regulation
Recital 3 a (new)

(3a) Mercury from dental amalgam pollutes waters through dental clinic disposal and waste, pollutes air through cremation, dental clinic emissions, sludge incinerations and respiration and pollutes land through landfills, burials and fertilisers; since an environmentally sound management of dental amalgam is not feasible, the phasing out of amalgam constitutes a cost-effective way to prevent mercury pollution.

Amendment 11 #

Proposal for a regulation
Recital 3 b (new)

(3b) The use of dental amalgam is more expensive then other filling materials when the environmental and health costs are taken into account; it is crucial to underline that the material cost only accounts for a minimal part of the overall treatment costs and that the negligible cost difference between dental amalgam and mercury-free alternatives are to decrease with increasing demand and innovation.

Amendment 12 #

Proposal for a regulation
Recital 3 c (new)

(3c) Moreover, there is an overall declining trend in the use of dental amalgam use in Member States and many have effectively phased out or plan to phase out dental amalgam use by banning the use of this toxic obsolete technology, while others have replaced dental amalgam with mercury-free alternatives in national reimbursement systems.

Amendment 13 #

Proposal for a regulation
Recital 4

(4) Considering the availability of mercury-free alternatives and the current transition to mercury-free fillings used 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~~. Further, the transition to mercury free alternatives for dental fillings has already advanced in many Member States, highlighting the feasibility and need for this prohibition. In order to prevent dental amalgam, which is prohibited on the Union market, being manufactured for export from the Union, it is necessary to prohibit the manufacture and export of dental amalgam. Article 10 of Regulation (EU) 2017/852 should therefore be amended accordingly.

Amendment 14 #

Proposal for a regulation
Recital 4

(4) Considering the availability of mercury-free alternatives, 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. In order to prevent dental amalgam, which is prohibited on the Union market, being manufactured for export from the Union, it is necessary to prohibit the manufacture and export of dental amalgam. Article 10 of Regulation (EU) 2017/852 should therefore be amended accordingly.

Amendment 15 #

Proposal for a regulation
Recital 4

(4) Considering the availability of mercury-free alternatives with dentists well-trained in their use, 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~~. In order to prevent dental amalgam, which is prohibited on the Union market, being manufactured for export from the Union, it is necessary to prohibit the manufacture and export of dental amalgam. Article 10 of Regulation (EU) 2017/852 should therefore be amended accordingly.

Amendment 16 #

Proposal for a regulation
Recital 4

(4) Considering the availability of mercury-free alternatives, 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. In order to prevent the use of dental amalgam~~, which is prohibited on the Union market, being manufactured for export from the Union,~~ from becoming more widespread, it is necessary to prohibit the ~~manufacture and~~ export of dental amalgam. Article 10 of Regulation (EU) 2017/852 should therefore be amended accordingly.

Amendment 17 #

Proposal for a regulation
Recital 4

(4) Considering the availability of mercury-free alternatives, as well as bans and phase-out of dental amalgam already in effect 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~~. In order to prevent dental amalgam, which is prohibited on the Union market, being manufactured for export from the Union, it is necessary to prohibit the manufacture and export of dental amalgam. Article 10 of Regulation (EU) 2017/852 should therefore be amended accordingly.

Amendment 18 #

Proposal for a regulation
Recital 4 a (new)

(4a) Mercury-free alternatives are available, affordable, effective and more widely used by dentists as well as preferred by most citizens; to limit the economic impact of a shift to mercury- free fillings on the costs of dental care for patients and dentists, Member States should ensure appropriate reimbursement is 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 19 #

Proposal for a regulation
Recital 4 a (new)

(4a) The phase out of dental amalgam by 2025 at the latest is not only technically feasible but a cost efficient way of preventing additional mercury pollution. It serves the interest of citizens who can already benefit from mercury free alternatives that are more effective, affordable, commonly used and preferred by dental practitioners in the Union.

Amendment 20 #

Proposal for a regulation
Recital 4 a (new)

(4a) Phasing out amalgam is not only a cost-effective way to prevent dental mercury pollution, but also has no or minor negative socio-economic consequences, as mercury-free alternatives are available, affordable, effective, less harmful to human health, more widely used by dentists, which is why mercury-free alternatives are preferred by most EU citizens.

Amendment 21 #

Proposal for a regulation
Recital 4 b (new)

(4b) Crematoria are a significant source of releases of mercury into the atmosphere and even with phasing out of dental amalgam, crematoria will continue to threaten the EU’s objective to reduce mercury pollution to air, water and soil; it is therefore necessary to develop guidelines for crematoria and implement appropriate pollution prevention measures and focus on mitigating the impact on the environment and people’s health, the guidance should also highlight relevant costs and benefits for implementing such measures, considering also the co-benefit in controlling other pollutants as well as the effect on local environment.

Amendment 22 #

Proposal for a regulation
Recital 5

~~(5)~~ Article 4(1) of Directive ~~(5)~~ 2011/65/EU of the European Parliament and of the Council44 prohibits the placing on the Union market and import into the Union of certain electrical and electronic equipment containing mercury. Annex III to that Directive lists, among other items, certain mercury-added lamps exempted from the said prohibition until the dates specified therein. ~~That~~For non-linear halophosphate lamps the exemption ~~already~~ expired on 13 April 2016 ~~for non-linear halophosphate lamps, and it will expire~~, on 24 February 2023 for certain compact fluorescent lamps, on 24 February 2023 orand on 24 ~~February~~August 20273 for ~~certain compact~~linear fluorescent lamps~~, linear fluorescent lamps and high pressure sodium (vapour) lamps for general lighting purposes, as well as for non-linear tri- band phosphor fluorescent lamps~~ for general lighting purposes. For non-linear tri-band phosphor fluorescent lamps, the exemption expires 24 February 2025. The exemption for most high pressure sodium (vapour) lamps for general lighting purposes, with improved colour indexes, expired 24 February 2023, whereas for the remaining ones, as well as for other high pressure sodium (vapour) lamps for general lighting purposes, the exemptions will expire. In addition, certain linear fluorescent lamps for general lighting purposes are listed for a future prohibition in Decision MC-4/3 adopted at the fourth meeting, held from 21 to 25 March 2022, of the Conference of the Parties to the Minamata Convention on Mercury45 . That Decision was supported by the Union by means of Council Decision (EU) 2022/54946 . As some of those lamps are currently not covered by Part A of Annex II to Regulation (EU) 2017/852, they should, for the sake of coherence, be included therein to prohibit their manufacturing and export from the dates in line with Annex III of Directive 2011/65/EU and the most ambitious dates included in Decision MC-4/3. _________________ 44 Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (OJ L 174, 1.7.2011). 45 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). 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

Amendment 23 #

Proposal for a regulation
Recital 5

(5) Article 4(1) of Directive 2011/65/EU of the European Parliament and of the Council44 prohibits the placing on the Union market and import into the Union of certain electrical and electronic equipment containing mercury. Annex III to that Directive lists, among other items, certain mercury-added lamps exempted from the said prohibition until the dates specified therein. That exemption already expired on 13 April 2016 for non-linear halophosphate lamps, ~~and it will expire~~ on 24 February 2023 for ~~on 24 February~~certain compact fluorescent lamps, on 24 August 20273 for ~~certain compact~~linear fluorescent lamps~~, linear fluorescent lamps and high pressure sodium (vapour) lamps for general lighting purposes, as well as for non-linear tri- band phosphor fluorescent lamps~~ for general lighting purposes. For non-linear tri-band phosphor fluorescent lamps, the exemption expires on 24 February 2025. The exemption for most high pressure sodium (vapour) lamps for general lighting purposes, with improved colouring index, already expired on 24 February 2023, whereas for the remaining ones as well as for other high pressure sodium (vapour) lamps for general lighting purposes, the exemption will expire on 24 February 2025. In addition, certain linear fluorescent lamps for general lighting purposes are listed for a future prohibition in Decision MC-4/3 adopted at the fourth meeting, held from 21 to 25 March 2022, of the Conference of the Parties to the Minamata Convention on Mercury45 . That Decision was supported by the Union by means of Council Decision (EU) 2022/54946 . As some of those lamps are currently not covered by Part A of Annex II to Regulation (EU) 2017/852, they should, for the sake of coherence, be included therein to prohibit their manufacturing and export from the dates in line with Annex III of Directive 2011/65/EU and the most ambitious dates included in Decision MC-4/3. _________________ 44 Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (OJ L 174, 1.7.2011). 45 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). 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

Amendment 24 #

Proposal for a regulation
Recital 5 a (new)

(5a) The continued export of mercury- added products, and mercury-added lamps in particular, represents a significant risk for importing countries. With the lack of effective and safe collection and recycling systems for mercury-bearing lamps in the developing countries, such imports from the EU endangers people’s health and the environment. Moreover, considering its transboundary nature, mercury released elsewhere can be found back into the EU air, soil, water and citizens’ bodies. It is crucial that such double standards are avoided and that reducing mercury use within the EU should in parallel stop unwanted mercury and mercury-added products from being exported; in addition to the health and environmental benefits, use of mercury-free alternatives is energy- efficient and would prevent tonnes of CO2 emissions from being released.

Amendment 25 #

Proposal for a regulation
Recital 5 a (new)

(5a) The continued export of mercury- added products, mercury-added lamps in particular, represents a significant risk for importing countries. Where there is a lack of effective and safe collection and recycling systems for mercury-bearing lamps in the receiving countries, such imports from the EU represent a real menace to people’s health and the environment. Moreover, considering its transboundary nature, mercury released elsewhere in the world can be identified back in the air, soil, water, and in the bodies of citizens in the EU. Acknowledging the transboundary nature of mercury, reducing the demand for mercury within the EU should also stop unwanted mercury, and mercury-added products, from being exported outside the EU.

Amendment 26 #

Proposal for a regulation
Recital 5 a (new)

(5a) The export of mercury-added products, particularly mercury added lamps poses risks for the importing countries. This is especially relevant where importing countries lack capacity to effectively and safely collect and recycle these products, which is crucial to mitigate the risk of mercury pollution in the environment. In line with the Union approach of reducing use and demand of mercury-added products, it is necessary to ban exports to third countries in parallel with Union market prohibitions of these products.

Amendment 27 #

(5b) Recent reports show that European companies are manufacturing and exporting mercury compounds, which are used for non-allowed uses, particularly in cosmetics. It is therefore appropriate to prohibit the manufacture, import and export of all mercury compounds that are operating in an unregulated environment and ensure rules are enforced for non-allowed uses such as in cosmetics. Monitoring of the trade and use of mercury compounds is necessary in order to ensure that mercury compounds are not traded for uses prohibited within the EU and by the Minamata Convention.

Amendment 28 #

Proposal for a regulation
Recital 5 b (new)

(5b) Phasing out the export of mercury- added lamps as early as possible, will have both health and environmental benefits. Furthermore, significant co-benefits can be achieved, as mercury-free alternatives are more energy-efficient, hence preventing tonnes of CO2 emissions from being released.

Amendment 29 #

Proposal for a regulation
Recital 5 c (new)

(5c) Considering the lack of proper collection systems for non-electronic mercury-added products, secondary mercury emissions continue to occur in landfills and waste incinerators, therefore it is of utmost importance to collect such waste separately and in an environmentally sound manner.

Amendment 30 #

Proposal for a regulation
Recital 5 c (new)

(5c) Acknowledging the readiness of the EU market for lamps and the ongoing transition towards mercury-free lamps in the EU and globally, it is appropriate to prohibit the EU export of the remaining mercury-added lamps at the earliest possible time.

Amendment 31 #

Proposal for a regulation
Recital 5 d (new)

(5d) Crematoria are significant sources of releases of mercury in the atmosphere. The impact on the environment and people’s health becomes even more significant as crematoria are mostly located near residential areas, schools, or natural areas. Considering this, even with an early phase out of dental amalgam, crematoria will continue to threaten EU’s objective to reduce mercury pollution to air, water, and soil. To achieve levels of mercury that are considered as non- harmful to health and natural ecosystems, it is necessary to develop guidelines and implement appropriate measures for crematoria.

Amendment 32 #

Proposal for a regulation
Recital 5 d (new)

(5d) The Commission should further assess the remaining use of mercury- added products, identify where alternatives are available and, where appropriate, suggest accompanying legislative proposals where phase out should be foreseen, including in porosimetry, lighthouses and vaccines.

Amendment 33 #

Proposal for a regulation
Recital 5 e (new)

(5e) Only a few mercury compounds are regulated by this Regulation, from which elemental mercury can potentially be recovered. Recent reports prove that European companies are manufacturing and exporting mercury compounds for non-allowed uses, e.g. mercury containing cosmetics. Acknowledging that the production is facilitated by the unregulated trade of such compounds, which in turn exposes many individuals to mercury through e.g. their use of mercury containing cosmetics, the manufacturing, import and export of all mercury compounds that may be intended for non- allowed uses should be prohibited in the EU.

Amendment 34 #

Proposal for a regulation
Recital 5 f (new)

(5f) Porosimetry can involve substantial amounts of mercury, which can generate significant amounts of mercury-containing waste. Recognising alternatives to mercury porosimetry are commercially available, this mercury usage needs to be further assessed.

Amendment 35 #

Proposal for a regulation
Recital 5 g (new)

(5g) Large quantities of mercury are used in lighthouses, which is why it is appropriate to ensure that these products containing mercury, will be considered as waste and be disposed of in an environmentally safe manner when no longer in use. Furthermore, the manufacture and trade of mercury lighthouses should be phased out.

Amendment 36 #

Proposal for a regulation
Recital 5 h (new)

(5h) Mercury in the form of thimerosal or thiomersal may be used as preservative in vaccines, although mercury-free alternatives exist. Given that this use can still be a source of mercury exposure, it needs to be addressed at EU level.

Amendment 37 #

Proposal for a regulation
Recital 5 i (new)

(5i) Considering the lack of proper collection systems for mercury-added products in non-electronic and electronic waste, secondary mercury emissions continue to occur from landfills and waste incinerators, calling for the need to collect the products separately and in an environmentally sound manner.

Amendment 38 #

Proposal for a regulation
Article 1 – paragraph 1 – point -1 a (new)

Regulation (EU) 2017/852
Article 3 – paragraph 4 a (new)

-1a. In Article 3, the following paragraph 4a is added: '4a. The export of all mercury compounds shall be subject to export notifications under Regulation (EU) No 649/2012 and shall be made publicly available by national competent authorities of exporting Member States.'

Amendment 39 #

Proposal for a regulation
Article 1 – paragraph 1 – point -1 (new)

Regulation (EU) 2017/852
Article 3 – paragraph 4 a (new)

(-1) In Article 3, the following paragraph 4a is added: ‘4a. The export of all mercury compounds, for any uses, shall be notified to the designated national authority of the Member State in which the exporter is established (the exporter's Member State). ’

Amendment 40 #

Proposal for a regulation
Article 1 – paragraph 1 – point -1 a (new)

Regulation (EU) 2017/852
Article 3 – paragraph 4 b (new)

(-1a) In Article 3, the following paragraph 4b is added: '4b. The export of all mercury compounds, for any uses, shall be subject to export notifications under article 8 of REGULATION (EU) No 649/2012.'

Amendment 41 #

Proposal for a regulation
Article 1 – paragraph 1 – point -1 b (new)

Regulation (EU) 2017/852
Article 3 – paragraph 4 c (new)

(-1b) In Article 3, the following paragraph 4c is added: '4c. The information referred to in paragraph 5 and 6, shall be made publicly available.’

Amendment 42 #

Proposal for a regulation
Article 1 – paragraph 1 – point -1 a (new)

-1a Article 4, paragraph 1, subparagraph 1 is replaced by the following: "1. The import of mercury, mercury compounds, and the import of the mixtures of mercury listed in Annex I, including mercury waste from any of the large sources referred to in points (a) to (d) of Article 11, for purposes other than disposal as waste shall be prohibited. Such import for disposal as waste shall only be allowed where the exporting country has no access to available conversion capacity within its own territory. " Or. en (32017R0852)

Amendment 43 #

Proposal for a regulation
Article 1 – paragraph 1 – point -1 a (new)

Regulation (EU) 2017/852
Article 4 – paragraph 1– subparagraph 1 and 2

-1a In Article 4, paragraph 1, subparagraphs 1 and 2 are replaced by the followings: "1. The import of mercury, mercury compounds, and the import of the mixtures of mercury listed in Annex I, including mercury waste from any of the large sources referred to in points (a) to (df) of Article 11, for purposes other than disposal as waste shall be prohibited. Such import for disposal as waste shall only be allowed where the exporting country has no access to available conversion capacity within its own territory. Without prejudice to Article 11 and by way of derogation from the first subparagraph of this paragraph, the import of mercury, mercury compounds and the import of the mixtures of mercury listed in Annex I for a use allowed in a Member State shall be allowed where the importing Member State has granted written consent to such import in either of the following circumstances: " Or. en (32017R0852)

Amendment 44 #

Proposal for a regulation
Article 1 – paragraph 1 – point -1 c (new)

Regulation (EU) 2017/852
Article 4 – paragraph 1 – subparagraphs 1 and 2

(-1c) Article 4, paragraph 1, subparagraphs 1 and 2 are replaced by the following: "‘1. The import of mercury, mercury compounds and the import of ~~the~~ mixtures ~~of mercury~~ listed in Annex I, including mercury waste from any ~~of the~~ large sources referred to in points (a) to (de) of Article 11, for purposes other than disposal as waste shall be prohibited. Such import for disposal as waste shall only be allowed where the exporting country has no access to available conversion capacity within its own territory. Without prejudice to Article 11 and by way of derogation from the first subparagraph of this paragraph, the import of mercury, mercury compounds and the import of the mixtures of mercury listed in Annex I for a use allowed in a Member State shall be allowed where the importing Member State has granted written consent to such import in either of the following circumstances: ’" Or. en (32017R0852)

Amendment 45 #

Proposal for a regulation
Article 1 – paragraph 1 – point -1 d (new)

Regulation (EU) 2017/852
Article 4 – paragraph 2 a (new)

(-1d) In Article 4, the following paragraph 2a is added: ‘2a. The import of mercury compounds for uses not allowed shall be prohibited.’

Amendment 46 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a

Regulation (EU) 2017/852
Article 10 – paragraph 2 a (new)

2a. 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 the specific medical needs of the patient.’; Member States shall ensure that all population groups have access to affordable alternatives to dental amalgam, paying particular attention to vulnerable persons and persons with lower incomes.’;

Amendment 47 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a

Regulation (EU) 2017/852
Article 10 – paragraph 2 a (new)

2a. 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 the specific medical needs of the patient~~.;

Amendment 48 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a

Regulation (EU) 2017/852
Article 10 – paragraph 2 a (new)

Amendment 49 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a

Regulation (EU) 2017/852
Article 10 – paragraph 2 a (new)

2a. From 1 January 20258, 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 the specific medical needs of the patient.;

Amendment 50 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a

Regulation (EU) 2017/852
Article 10 paragraph 2 a (new)

2a. From 1 January 202530, 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 the specific medical needs of the patient.;

Amendment 51 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b

Regulation (EU) 2017/852
Article 10 paragraph 7 (new)

~~7. From 1 January 2025, the manufacture and export of dental amalgam shall be prohibi~~deleted.;

Amendment 52 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b

Regulation (EU) 2017/852
Article 10 – paragraph 7 (new)

7. From 1 January 20258, the manufacture and export of dental amalgam shall be prohibited.;

Amendment 53 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b

Regulation (EU) 2017/852
Article 10 – paragraph 7 (new)

7. From 1 January 2025, the ~~manufacture and~~ export of dental amalgam shall be prohibited.’;

Amendment 54 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b a (new)

Regulation (EU) 2017/852
Article 10 – paragraph 7 a (new)

(ba) In Article 10, the following paragraph 7a is added: ‘7a. By 30 June 2024, the Commission shall issue guidance on measures to prevent and reduce mercury emissions release from crematoria, including on the processes and technologies to control and reduce mercury emissions; Member States shall report to the Commission on the implementation of proposed mitigating measures every two years and provide justification in cases where guidance was not followed; the Commission shall make the data collected from Member States publicly available.’

Amendment 55 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)

Regulation (EU) 2017/852
Article 11a (new)

(1a) The following article is added: ‘11a Emissions 1. By 31 December 2025, Member States shall communicate the measures implemented and/or intending to implement and the relevant timeframe, to reduce mercury emissions and release from crematoria, including relevant justifications.’

Amendment 56 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 b (new)

Regulation (EU) 2017/852
Article 11 a (new)

(1b) The following article is added: '11 b. Remaining uses of mercury added products By 31 March 2025 Member States, where mercury is used in porosimetry, shall take necessary measures to ensure that 100 % of the mercury used is recycled and provide information to the Commission on the companies, quantities used and fate of excess mercury or of end of life mercury involved.’

Amendment 57 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 d (new)

Regulation (EU) 2017/852
Article 11 – paragraph 1 a (new)

(1d) In Article 11, the following paragraph 1a is added: '1a. Mercury added products still circulating in society and which can no longer be used, shall be considered waste and collected separately and in an environmentally sound manner.’

Amendment 58 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)

Regulation (EU) 2017/852
Article 11 – point d a (new)

(1a) In Article 11, the following point (da) is added: ‘(da) mercury no longer used in light houses;’

Amendment 59 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 c (new)

Regulation (EU) 2017/852
Article 11 – point d a (new)

(1c) In Article 11, the following point (da) is added: '(da) Mercury that is no longer used in light houses'

Amendment 60 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)

Regulation (EU) 2017/852
Article 11 – point d b (new)

(1a) In Article 11, the following point (db) is added: '(db) mercury no longer used in porosimetry.'

Amendment 61 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 b (new)

Regulation (EU) 2017/852
Article 19 – paragraph 2a (new)

(1b) In Article 19, the following paragraph 2a is inserted: ‘2a. By 31 December 2025 the Commission shall assess the feasibility of controlling and eliminating the manufacturing, import and export of mercury compounds, especially those for non-allowed uses, and assess the feasibility to phase out remaining mercury uses in the Union, including the use of mercury in porosimetry, lighthouses and vaccines.’

Amendment 62 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 e (new)

Regulation (EU) 2017/852
Article 19 – paragraph 1 a (new)

(1e) In Article 19, the following paragraph 1a is added: '1a. By 31 December 2024, the Commission shall report to the European Parliament and to the Council, presenting a guidance document on the abatement technologies to control and reduce mercury emissions from crematoria, including different processes or technologies available, relevant costs and benefits for implementing such measures, considering also the co-benefit in controlling other pollutants as well as the effect to the local environment.'

Amendment 63 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 f (new)

Regulation (EU) 2017/852
Article 19 – paragraph 1 b (new)

(1f) In Article 19, the following paragraph 1b is added: '1b. By 31 December 2026, the Commission shall assess progress and report to the European Parliament and to the Council on the implementation and measures taken in the Member States to reduce the mercury emissions from crematoria, on the basis of the Member State reporting as per new article.'

Amendment 64 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 g (new)

Regulation (EU) 2017/852
Article 19 – paragraph 1 c (new)

(1g) In Article 19, the following paragraph 1c is added: '1c. By 31 December 2025, the Commission shall report to the European Parliament and to the Council on the outcome of its assessment regarding: (a)The feasibility of controlling and eliminating the manufacture, import and export of mercury compounds, especially those for non-allowed uses; (b) The feasibility to phase out remaining mercury uses, in the Union. The assessment should cover, without being limited to, the use of mercury in porosimetry, in lighthouses, and in vaccines, as well as others.’

Amendment 65 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 h (new)

Regulation (EU) 2017/852
Article 19 – paragraph 3

(1h) 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.~~ , 1a,1b, 1c and 2, by 31 December 2027.’" Or. en (32017R0852)

Amendment 66 #

Proposal for a regulation
Article 1 – paragraph 1 a (new)

Regulation (EU) 2017/852
Article 19 – paragraph 3

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, 1a and 2. of this Article and related to paragraph 8 of Article 11." Or. en (32017R0852)

Amendment 67 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 d (new)

Regulation (EU) 2017/852
Annex I

(1d) In Annex I, the following point is added: ‘Mercury compounds prohibited for export from 1 January 2025: — Mercuric azanide chloride (Hg(NH2)Cl, CAS RN 10124-48-8)’

Amendment 68 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 i (new)

Regulation (EU) 2017/852
Annex I

(1i) In Annex I, the following point is added: ‘Mercury compounds prohibited for export from 1 January 2025: - Mercury compounds intended for non- allowed uses’

Amendment 7 #

Proposal for a regulation
Recital 2

(2) Following the conclusion reached by the Commission in its report42 and its subsequent Impact Assessment43 , the Commission found it appropriate to present a legislative proposal, in accordance with Article 19(3) of Regulation (EU) 2017/852, on the phasing out of the use of dental amalgam and ~~the prohibition of the manufacturing and export of dental amalgam and~~ certain mercury-containing lamps. _________________ 42 Report from the Commission to the European Parliament and the Council on the reviews required under Article 19(1) of Regulation 2017/852 on the use of mercury in dental amalgam and products, COM(2020) 378 final, 17.08.2020. 43 Commission Staff Working Document – Impact Assessment Report – Impact Assessment Accompanying the document ‘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’. SWD (2023) 395

Amendment 8 #

Proposal for a regulation
Recital 2

(2) Following the conclusion reached by the Commission in its report42 and its subsequent Impact Assessment43, the Commission found it appropriate to present a legislative proposal, in accordance with Article 19(3) of Regulation (EU) 2017/852, on the phasing out of the use of dental amalgam and the prohibition of the ~~manufacturing and~~ export of dental amalgam and certain mercury-containing lamps. _________________ 42 Report from the Commission to the European Parliament and the Council on the reviews required under Article 19(1) of Regulation 2017/852 on the use of mercury in dental amalgam and products, COM(2020) 378 final, 17.08.2020. 43 Commission Staff Working Document – Impact Assessment Report – Impact Assessment Accompanying the document ‘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’. SWD (2023) 395the manufacture, export and import of certain mercury- containing lamps.

Amendment 9 #

Proposal for a regulation
Recital 2 a (new)

(2a) Mercury is one of the most harmful substances of global concern, it is persistent and accumulates in the body and is passed on from mothers to children through placenta and breastfeeding; mercury is particularly toxic and poses health threats to the development of children's brains, damages to the central nervous system, kidneys, the cardiovascular system and the immune system.

source: 756.167

2023/12/19 ENVI 15 amendments...

Amendment 1 #

Proposal for a regulation
Recital 1 a (new)

(1a) Mercury is a chemical of global concern for the environment, owing to its long-range atmospheric transport, its persistence following its anthropogenic introduction into the environment and its ability to bioaccumulate in ecosystems. Mercury also has significant negative effects on human health and is passed from mothers to children via the placenta or through breastfeeding. Mercury pollution of the environment can result from anthropogenic activities, including insufficient management of mercury waste, cremation or improper implementation of mandatory separators in dental practices.

Amendment 10 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 b (new)

Regulation (EU) 2017/852
Article 19 – paragraph 1 a (new)

(1b) In Article 19, the following paragraph is inserted: ‘1a. By 31 December 2025, the Commission shall 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 referred to in Article 18(3a) and, where appropriate, draft guidelines on the abatement technologies to control and reduce mercury emissions and releases from crematoria, taking into account existing guidelines.’

Amendment 11 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 c (new)

Regulation (EU) 2017/852
Article 19 – paragraph 2 a (new)

(1c) In Article 19, the following paragraph is inserted: ‘2a. By 30 June 2026, the Commission shall submit a report to the European Parliament and to the Council assessing the feasibility of withdrawing the exemptions for the use of dental amalgam, referred to in Article 10, by 2030. That report shall also outline the impact on the health of patients generally and patients dependent on amalgam fillings. The Commission shall, where appropriate, propose measures, together with its report referred to in the first subparagraph. At the latest by 31 December 2026, the Commission shall report to the European Parliament and to the Council on: (a) 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; (b) the need to phase out remaining mercury uses, such as in lighthouses and porosimetry; (c) the necessity to expand the list of mercury waste sources referred to in Article 11. Together with its report referred to in the third subparagraph of this paragraph, the Commission shall, where appropriate, propose measures, such as a review of Regulation (EU) No 649/2012 of the European Parliament and of the Council1a and restrictions of exports of mercuric azanide chloride (HgNH2Cl). __________________________________ 1a Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the export and import of hazardous chemicals (OJ L 201 27.7.2012, p. 60).’

Amendment 12 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 d (new)

Regulation (EU) 2017/852
Article 19 – paragraph 3

(1d) 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.~~this Article."

Amendment 13 #

Proposal for a regulation
Annex –paragraph 1 – point 2

Regulation (EU) 2017/852
Annex II – part A - entry 4a

‘4a. Triband phosphor lamps for general 31.12.20275 lighting purposes that are not included in entry 4, point (a).

Amendment 14 #

Proposal for a regulation
Annex – paragraph 1 – point 2

Regulation (EU) 2017/852
Annex II – part A - entry 4c

4c. Non-linear triband phosphor lamps. 31.12.20275

Amendment 15 #

Proposal for a regulation
Annex – paragraph 1 – point 3

Regulation (EU) 2017/852
Annex II – part A – entry 5a

5a. High pressure mercury sodium 31.12.2025 (vapour) lamps (HPS) for general lighting purposes with: (a) P ≤ 105 W exceeding 16 mg Hg; (b) 105 W < P ≤ 155 W exceeding 20 mg Hg; (c) P > 155 W exceeding 25 mg Hg.

Amendment 2 #

Proposal for a regulation
Recital 4

(4) 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. The transition to mercury- free alternatives for dental fillings has already advanced in many Member States, thus highlighting the feasibility of and need for that prohibition as a cost- effective way of preventing additional mercury pollution. In order to prevent dental amalgam, which is prohibited on the Union market, being manufactured for export from the Union, it is necessary to prohibit the manufacture and export of dental amalgam. Article 10 of Regulation (EU) 2017/852 should therefore be amended accordingly.

Amendment 3 #

Proposal for a regulation
Recital 4 a (new)

(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 4 #

Proposal for a regulation
Recital 5

(5) Article 4(1) of Directive 2011/65/EU of the European Parliament and of the Council44 prohibits the placing on the Union market and import into the Union of certain electrical and electronic equipment containing mercury. Annex III to that Directive lists, among other items, certain mercury-added lamps exempted from the said prohibition until the dates specified therein. That exemption already expired on 13 April 2016 for non-linear halophosphate lamps, ~~and it will expire~~ on 24 February 2023 for ~~on 24 February~~certain compact fluorescent lamps, and on 24 August 20273 for ~~certain compact~~linear fluorescent lamps~~, linear fluorescent lamps and high pressure sodium (vapour) lamps for general lighting purposes, as well as for non-linear tri- band phosphor fluorescent lamps~~ for general lighting purposes. For non-linear triband phosphor fluorescent lamps, the exemption expires on 24 February 2025. The exemption for most high pressure sodium (vapour) lamps for general lighting purposes with an improved colouring index expired on 24 February 2023, whereas for the remaining ones as well as for other high pressure sodium (vapour) lamps for general lighting purposes, the exemption will expire on 24 February 2025. In addition, certain linear fluorescent lamps for general lighting purposes are listed for a future prohibition in Decision MC-4/3 adopted at the fourth meeting, held from 21 to 25 March 2022, of the Conference of the Parties to the Minamata Convention on Mercury45 . That Decision was supported by the Union by means of Council Decision (EU) 2022/54946 . As it is appropriate to prohibit the export from the Union of the remaining mercury- added lamps as soon as possible, and some of those lamps are currently not covered by Part A of Annex II to Regulation (EU) 2017/852, they should, for the sake of coherence, be included therein to prohibit their manufacturing and export from the dates ~~in line with~~specified in Annex III of Directive 2011/65/EU and the most ambitious dates included in Decision MC- 4/3. Moreover, 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. __________________ 44 Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (OJ L 174, 1.7.2011). 45 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). 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

Amendment 5 #

Proposal for a regulation
Recital 5 a (new)

(5a) In light of the detrimental effects of mercury and mercury compounds on human health and the environment, exposure and emissions should be further minimised as much as possible. Recent reports show that European companies are manufacturing and exporting mercury compounds which are used for non-allowed uses, particularly in cosmetics. Therefore, the Commission should report on the implementation and enforcement of the Minamata Convention, in particular with regard to the use of mercury and mercury compounds in cosmetics and to the manufacturing, import and export of mercury and mercury compounds for non-allowed uses. The Commission should further assess the remaining uses of mercury, for example in porosimetry, lighthouses and vaccines, as well as the need to amend the list of large waste sources, and, where appropriate, suggest measures to phase out such uses and regulate manufacture, import and export for such purposes.

Amendment 6 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a

Regulation (EU) 2017/852
Article 10 – paragraph 2a

Amendment 7 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a

Regulation (EU) 2017/852
Article 10 – paragraph 2a

Amendment 8 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b

Regulation (EU) 2017/852
Article 10 – paragraph 7

7. From 1 January 202530, the manufacture and export of dental amalgam shall be prohibited.;

Amendment 9 #