Regulation (EU) 2024/1849

What it is

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. 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: 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. 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. 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…

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