Changes between two versions

What changed between the adopted text of 17 Jan 2024 and the adopted text of 10 Apr 2024

From · adopted text· 17 Jan 2024

TA-9-2024-0019

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

To · adopted text· 10 Apr 2024

TA-9-2024-0191

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

These two texts have too little in common to compare paragraph by paragraph: they are different documents rather than versions of one (for example one group’s motion and the joint text that was adopted).

+16 added · −23 removed · 1 changed paragraphs, packaging included.

Part 1 of 1: Paragraphs 1–44

Removed:~~P9_TA(2024)0019~~

Added:P9_TA(2024)0191

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

Committee on the Environment, Public Health and Food Safety

PE753.554

Changed:~~Amendments adopted by the~~ European Parliament onlegislative 17resolution ~~January~~of 10 April 2024 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 of 17 May 2017 on mercury as regards dental amalgam and other mercury-added products subject to manufacturing, import and export restrictions (COM(2023)0395 – C9-0309/2023 – 2023/0272(COD))

(Ordinary legislative procedure: first reading)

Removed: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.

Change 1

Added:The European Parliament,

Removed: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.

Added:– having regard to the Commission proposal to Parliament and the Council (COM(2023)0395),

Removed: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.

Added:– having regard to Article 294(2) and Article 192(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90309/2023),

Removed:Recital 4 b (new): (4b) To limit the socio-economic impact of a shift to mercury-free fillings on the costs of dental care for patients and dentists, Member States should endeavour to ensure appropriate reimbursement is made 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.

Added:– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

Removed: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, on 24 February 2023 for certain compact fluorescent lamps, and on 24 August 2023 for linear 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 thos…

Added:– having regard to the opinion of the European Economic and Social Committee of 26 October 2023,

Removed: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.

Added:– after consulting the Committee of the Regions,

Removed:Recital 5 b (new): (5b) Considering the lack of proper collection systems for mercury-added products in non-electronic and electronic waste, secondary mercury emissions from landfills and waste incinerators continue to occur, which points to the need to collect such products separately and in an environmentally sound manner.

Added:– having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 21 February 2024 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,