Commission welcomes provisional agreement to ban all remaining intentional uses of toxic mercury in the EU

This article is brought to you in association with the European Commission.

The Commission welcomes the provisional political agreement reached between the European Parliament and the Council on the Commission’s proposal for a revision of the Mercury Regulation. Given the availability of alternatives, the revised Mercury Regulation will prohibit the last intentional remaining uses of mercury in the EU. By prohibiting the use of dental amalgam as of 1 January 2025 and by introducing a prohibition to manufacture, import and export of certain mercury-containing lamps, this revised regulation will further protect Europeans from toxic mercury. This represents a major step forward to safeguard human health as well as to deliver significant environmental benefits, in line with the EU’s Zero Pollution ambition.

The new law will help the EU and its Member States deliver on their commitments under the European Green Deal, the Chemicals Strategy for Sustainability  and the Zero Pollution Action Plan.

Member States will have to make the shift from dental amalgam to mercury-free dental filling materials. They will also have to cease producing and exporting mercury-containing lamps, replacing them instead with mercury-free alternatives like LEDs, which are also more energy efficient. These measures are aligned with those taken under other relevant EU legislation, such as the Regulation on the Restriction of Hazardous Substances (RoHS).

Specific outcomes

• The use and export of dental amalgam will be prohibited by 1 January 2025.
• A limited and temporary derogation until 30 June 2026 for the use, manufacture and import of dental amalgam will be allowed for Member States requiring more time to adapt their national health care system.
• The use, manufacture and import of dental amalgam will continue to be allowed for specific medical needs when deemed strictly necessary by a medical practitioner.
• The manufacture, import and export of six additional mercury-containing lamps will be prohibited from 31 December 2025 or the 30 June 2026, depending on the lamp category.

Next steps

The European Parliament and the Council will now formally have to adopt the new Regulation before it can enter into force. It will then enter into force 20 days after its publication in the Official Journal of the EU.

Background

Mercury is a very toxic substance which represents a global and major threat to human health and the environment. It is used in industrial processes and in a variety of products including in lamps and dental amalgam. Exposure to high levels of mercury can cause harm to the central nervous system, lungs, kidneys, and the immune system.

The Mercury Regulation protects human health and the environment from anthropogenic emissions and releases of mercury. In doing so, it addresses the entire lifecycle of mercury from primary mercury mining to the final disposal of mercury waste. The existing Regulation already prohibited the use of dental amalgam for children and pregnant women as of 1 July 2018.

In addition, the Minamata Convention on Mercury is the main international legal framework seeking to protect human health and the environment from anthropogenic emissions and releases of mercury to air, water and land. Like the Mercury Regulation, it addresses the whole lifecycle of mercury.

On 14 July 2023, the Commission adopted the proposal for a revision of the Mercury Regulation. The law is key to control mercury pollution. It also implements international obligations in the EU, in particular the Minamata Convention.

For More Information

Commission’s proposal for a revision of the Mercury Regulation (14 July 2023)

Impact Assessment

Quote(s)

There is no reason to continue using mercury in our daily lives when the health risks are so well documented. We now have effective alternatives for dentistry and lamps. With the revision of the Mercury Regulation, the EU is on track to becoming the first mercury-free economy and to move one step further towards a toxic-free future for EU citizens and our environment.

Virginijus Sinkevičius, Commissioner for Environment, Oceans and Fisheries