(BRUSSELS) – The EU Council was set for talks Tuesday to phase out use of dental amalgam and prohibit the manufacturing, import and export of a number of mercury-added products, including certain lamps.
The proposal addresses the residual remaining uses of mercury in products in the EU, with a view to establishing a mercury-free Europe.
The negotiating mandate, which was agreed at Coreper level, sets out the Council’s position for the start of negotiations (‘trilogues’) with the Parliament to shape the final text of the legislation.
Current rules already forbid the use of dental amalgam for treating teeth in children under 15 years old and pregnant or breastfeeding women, but the amendments extend the prohibition to everybody in the EU.
The proposed date for total phase-out in the EU is 1 January 2025, except when the use of dental amalgam is deemed strictly necessary by the dental practitioner to address specific medical needs of the patient.
However, a two-year derogation for those member states where low-income individuals would otherwise be socio-economically disproportionally affected by the phase-out date, and member states will have to justify their use of the derogation and notify the Commission of the measures they intend to implement to achieve the phase-out by 1 January 2027.
While the Council in its negotiating mandate has maintained the prohibition to export dental amalgam from 1 January 2025 as proposed by the Commission, it agreed to ban the manufacturing and import in the EU from 1 January 2027.
Six additional mercury-containing lamps would be made subject to a manufacturing, import and export ban as from 1 January 2026 and 1 January 2028, depending on the type of lamps.
The Council is now ready to start negotiations with the European Parliament to agree on the final shape of the amendments. Once a provisional agreement has been reached, the final text will need to be formally adopted by both institutions.
Commission proposal on the revision of the Mercury Regulation