Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | ENVI | MORTLER Marlene ( EPP) | FRITZON Heléne ( S&D), AMALRIC Catherine ( Renew), METZ Tilly ( Verts/ALE), VONDRA Alexandr ( ECR), VILLUMSEN Nikolaj ( GUE/NGL) |
Lead committee dossier:
Legal Basis:
TFEU 192-p1
Legal Basis:
TFEU 192-p1Subjects
Events
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).
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).
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.
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
Activities
Votes
A9-0002/2024 – Marlene Mortler – After recital 4 – Am 16 #
A9-0002/2024 – Marlene Mortler – Commission proposal #
A9-0002/2024 – Marlene Mortler – Provisional agreement – Am 19 #
Amendments | Dossier |
100 |
2023/0272(COD)
2023/11/27
ENVI
8 amendments...
Amendment 69 #
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) Mercury-added products
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) 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
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
Amendment 74 #
Proposal for a regulation Annex – paragraph 1 – point 3 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 mercury sodium (vapour) lamps 31.12.2025
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
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
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.
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
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
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
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 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,
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) 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.
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 (
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
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
Amendment 48 #
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
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 202
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 20
Amendment 51 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point b Regulation (EU) 2017/852 Article 10 paragraph 7 (new) 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 202
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
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.
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
Amendment 67 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 d (new) Regulation (EU) 2017/852 Annex I 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
Amendment 8 #
Proposal for a regulation Recital 2 (2) Following the conclusion reached by the Commission in its report
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
30 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 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 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 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 Amendment 12 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 d (new) Regulation (EU) 2017/852 Article 19 – paragraph 3 Amendment 13 #
Proposal for a regulation Annex –paragraph 1 – point 2 Regulation (EU) 2017/852 Annex II – part A - entry 4a ‘4a.
Amendment 13 #
Proposal for a regulation Annex –paragraph 1 – point 2 Regulation (EU) 2017/852 Annex II – part A - entry 4a ‘4a.
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. 31.12.202
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. 31.12.202
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
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
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 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 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,
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,
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 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 2a. From 1 January 20
Amendment 6 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point a Regulation (EU) 2017/852 Article 10 – paragraph 2a 2a. From 1 January 20
Amendment 7 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point a Regulation (EU) 2017/852 Article 10 – paragraph 2a 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
Amendment 7 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point a Regulation (EU) 2017/852 Article 10 – paragraph 2a 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
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 20
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 20
Amendment 9 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 a (new) Regulation (EU) 2017/852 Article 18 – paragraph 3 a (new) (1a) In Article 18, the following paragraph is added: ‘3a. By 31 June 2024, and every two years thereafter, Member States shall report to the Commission on planned and implemented measures to reduce mercury emissions and releases from crematoria. The Commission shall make the data on measures reported by Member States in accordance with the first subparagraph publicly available.’
Amendment 9 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 a (new) Regulation (EU) 2017/852 Article 18 – paragraph 3 a (new) (1a) In Article 18, the following paragraph is added: ‘3a. By 31 June 2024, and every two years thereafter, Member States shall report to the Commission on planned and implemented measures to reduce mercury emissions and releases from crematoria. The Commission shall make the data on measures reported by Member States in accordance with the first subparagraph publicly available.’
source: 757.033
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