Proposal for a Regulation amending Regulation (EU) 2017/852 on mercury as regards dental amalgam and other mercury-added products subject to manufacturing, import and export restrictions

Summary:

Legislative initiative tabled by the European Commission on 14 July 2023, introducing amendments to Regulation (EU) 2017/852 on mercury as regards dental amalgam and other mercury-added products subject to manufacturing, import and export restrictions. This is a text with EEA relevance.

Further information:

Mercury is a highly toxic element and a major risk to the environment and human health. According to Regulation (EC) No 1272/2008, mercury has been classified as being toxic for reproduction, fatal if inhaled, causing damage to all organs through prolonged or repeated exposure and very toxic for aquatic life with long lasting adverse effects.

Regulation (EU) 2017/852 - also known as the Mercury Regulation - is the main instrument of EU law dedicated to mercury and mercury compounds, addressing the entire life-cycle of this substance from primary mercury mining to the final disposal of mercury waste and transposing the Minamata Convention on Mercury. Notably, the framework addresses mercury use in products by establishing prohibitions on the manufacture, import and export of a range of mercury-added products. The proposed amendments seek to address the last intentional remaining uses of mercury in products in the European Union (EU).

The proposed Regulation broadly aims to address the objectives of the European Green Deal, the EU Chemicals Strategy for Sustainability and the Zero Pollution Action Plan. The draft law was adopted by the European Commission on 14 July 2023. The plenary of the European Parliament endorsed a negotiating position for the proposal on 17 January 2024. The Council of the European Union adopted its general approach to it on 30 January. An informal agreement between the co-legislators on a compromise text for this file on 8 February.

• Primary Source

Commentary and Analysis

European Environmental Bureau (EEB): Press Release, 14/07/2023: One step closer towards making mercury history in the EU https://eeb.org/one-step-closer-towards-making-mercury-history-in-the-eu/

German Social Insur­ance – Working Group Europe: News, August 2023: European Commission plans ban on dental amalgam from 2025 https://dsv-europa.de/en/news/2023/08/dentalamalgam.html

HKTDC Research: Regulatory Alert, 10/10/2023: EU Amends List of Mercury-Added Products Subject to Manufacturing, Import and Export Prohibitions https://research.hktdc.com/en/article/MTUwNjA3MTIyMg

German Social Insur­ance – Working Group Europe: News, January 2024: European Parliament calls for dental amalgam ban from 2025 https://dsv-europa.de/en/news/2024/01/dentalamalgam.html

European Environmental Bureau (EEB): Press Release, 12/01/2024: Way open towards strengthening the EU Mercury Regulation https://eeb.org/way-open-towards-strengthening-the-eu-mercury-regulation/

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Official

EUR-LEX: SWD(2023)395: Staff Working Document accompanying the Proposal - Executive Summary of the Impact Assessment Report https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2023:395:FIN

EUR-LEX: SWD(2023)396: Staff Working Document accompanying the Proposal - Impact Assessment Report https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2023:396:FIN

EUR-LEX: SWD(2023)397: Staff Working Document accompanying the Proposal - Subsidiarity Grid https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2023:397:FIN

European Parliament: Legislative Observatory: Procedure File for Proposal on Mercury: dental amalgam and other mercury-added products subject to manufacturing, import and export restrictions (2023/0272(COD)) https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=en&reference=2023/0272(COD)

European Parliament: Legislative Train Schedule: Revision of Regulation (EU) 2017/852 on mercury https://www.europarl.europa.eu/legislative-train/theme-a-european-green-deal/file-revision-of-the-mercury-regulation

European Commission: DG Environment: Chemicals: Mercury https://ec.europa.eu/environment/chemicals/mercury/index_en.htm

European Commission: DG Environment: News, 14/07/2023: Zero Pollution: Commission proposes to ban all remaining intentional uses of mercury in the EU https://environment.ec.europa.eu/news/zero-pollution-commission-proposes-ban-all-remaining-intentional-uses-mercury-eu-2023-07-14_en

UK Government: Policy Papers, 01/11/2023: Explanatory Memorandum for EU Legislation within the scope of the UK/EU Withdrawal Agreement and the Windsor Framework - COM/2023/395 https://www.gov.uk/government/publications/em-on-eu-mercury-products-legislation-com23395-and-c234683

Council of the European Union: Press Release, 30/01/2024: Mercury: Council ready to start talks with Parliament to completely phase out mercury in the EU https://www.consilium.europa.eu/en/press/press-releases/2024/01/30/mercury-council-ready-to-start-talks-with-parliament-to-completely-phase-out-mercury-in-the-eu/

European Commission: Press Release, 08/02/2024: Commission welcomes provisional agreement to ban all remaining intentional uses of toxic mercury in the EU https://ec.europa.eu/commission/presscorner/detail/en/ip_24_679

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