23 Amendments of Michèle RIVASI related to 2023/0272(COD)
Amendment 9 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Mercury is one of the most harmful substances of global concern, it is persistent and accumulates in the body and is passed on from mothers to children through placenta and breastfeeding; mercury is particularly toxic and poses health threats to the development of children's brains, damages to the central nervous system, kidneys, the cardiovascular system and the immune system.
Amendment 10 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) Mercury from dental amalgam pollutes waters through dental clinic disposal and waste, pollutes air through cremation, dental clinic emissions, sludge incinerations and respiration and pollutes land through landfills, burials and fertilisers; since an environmentally sound management of dental amalgam is not feasible, the phasing out of amalgam constitutes a cost-effective way to prevent mercury pollution.
Amendment 11 #
Proposal for a regulation
Recital 3 b (new)
Recital 3 b (new)
(3b) The use of dental amalgam is more expensive then other filling materials when the environmental and health costs are taken into account; it is crucial to underline that the material cost only accounts for a minimal part of the overall treatment costs and that the negligible cost difference between dental amalgam and mercury-free alternatives are to decrease with increasing demand and innovation.
Amendment 12 #
Proposal for a regulation
Recital 3 c (new)
Recital 3 c (new)
(3c) Moreover, there is an overall declining trend in the use of dental amalgam use in Member States and many have effectively phased out or plan to phase out dental amalgam use by banning the use of this toxic obsolete technology, while others have replaced dental amalgam with mercury-free alternatives in national reimbursement systems.
Amendment 15 #
Proposal for a regulation
Recital 4
Recital 4
(4) Considering the availability of mercury-free alternatives with dentists well-trained in their use, 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. 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.
Amendment 18 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Mercury-free alternatives are available, affordable, effective and more widely used by dentists as well as preferred by most citizens; to limit the economic impact of a shift to mercury- free fillings on the costs of dental care for patients and dentists, Member States should ensure appropriate reimbursement is 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.
Amendment 21 #
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4b) Crematoria are a significant source of releases of mercury into the atmosphere and even with phasing out of dental amalgam, crematoria will continue to threaten the EU’s objective to reduce mercury pollution to air, water and soil; it is therefore necessary to develop guidelines for crematoria and implement appropriate pollution prevention measures and focus on mitigating the impact on the environment and people’s health, the guidance should also highlight relevant costs and benefits for implementing such measures, considering also the co-benefit in controlling other pollutants as well as the effect on local environment.
Amendment 23 #
Proposal for a regulation
Recital 5
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, and it will expire on 24 February 2023 for on 24 Februarycertain compact fluorescent lamps, on 24 August 20273 for certain compactlinear fluorescent lamps, linear fluorescent lamps and high pressure sodium (vapour) lamps for general lighting purposes, as well as for non-linear tri- band phosphor fluorescent lamps for general lighting purposes. For non-linear tri-band phosphor fluorescent lamps, the exemption expires on 24 February 2025. The exemption for most high pressure sodium (vapour) lamps for general lighting purposes, with improved colouring index, already 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 some of those lamps are currently not covered by Part A of Annex II to Regulation (EU) 2017/852, they should, for the sake of coherence, be included therein to prohibit their manufacturing and export from the dates in line with Annex III of Directive 2011/65/EU and the most ambitious dates included in Decision MC-4/3. _________________ 44 Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (OJ L 174, 1.7.2011). 45 Council Decision (EU) 2022/549 of 17 March 2022 on the position to be taken on behalf of the European Union at the second segment of the fourth meeting of the Conference of the Parties to the Minamata Convention on Mercury as regards the adoption of a Decision to amend Annexes A and B to that Convention (OJ L 107, 6.4.2022, p. 78). 46 Council Decision (EU) 2022/549 of 17 March 2022 on the position to be taken on behalf of the European Union at the second segment of the fourth meeting of the Conference of the Parties to the Minamata
Amendment 24 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The continued export of mercury- added products, and mercury-added lamps in particular, represents a significant risk for importing countries. With the lack of effective and safe collection and recycling systems for mercury-bearing lamps in the developing countries, such imports from the EU endangers people’s health and the environment. Moreover, considering its transboundary nature, mercury released elsewhere can be found back into the EU air, soil, water and citizens’ bodies. It is crucial that such double standards are avoided and that reducing mercury use within the EU should in parallel stop unwanted mercury and mercury-added products from being exported; in addition to the health and environmental benefits, use of mercury-free alternatives is energy- efficient and would prevent tonnes of CO2 emissions from being released.
Amendment 27 #
(5b) Recent reports show that European companies are manufacturing and exporting mercury compounds, which are used for non-allowed uses, particularly in cosmetics. It is therefore appropriate to prohibit the manufacture, import and export of all mercury compounds that are operating in an unregulated environment and ensure rules are enforced for non-allowed uses such as in cosmetics. Monitoring of the trade and use of mercury compounds is necessary in order to ensure that mercury compounds are not traded for uses prohibited within the EU and by the Minamata Convention.
Amendment 29 #
Proposal for a regulation
Recital 5 c (new)
Recital 5 c (new)
(5c) Considering the lack of proper collection systems for non-electronic mercury-added products, secondary mercury emissions continue to occur in landfills and waste incinerators, therefore it is of utmost importance to collect such waste separately and in an environmentally sound manner.
Amendment 32 #
Proposal for a regulation
Recital 5 d (new)
Recital 5 d (new)
(5d) The Commission should further assess the remaining use of mercury- added products, identify where alternatives are available and, where appropriate, suggest accompanying legislative proposals where phase out should be foreseen, including in porosimetry, lighthouses and vaccines.
Amendment 38 #
Proposal for a regulation
Article 1 – paragraph 1 – point -1 a (new)
Article 1 – paragraph 1 – point -1 a (new)
Regulation (EU) 2017/852
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
-1a. In Article 3, the following paragraph 4a is added: '4a. The export of all mercury compounds shall be subject to export notifications under Regulation (EU) No 649/2012 and shall be made publicly available by national competent authorities of exporting Member States.'
Amendment 43 #
Proposal for a regulation
Article 1 – paragraph 1 – point -1 a (new)
Article 1 – paragraph 1 – point -1 a (new)
Regulation (EU) 2017/852
Article 4 – paragraph 1– subparagraph 1 and 2
Article 4 – paragraph 1– subparagraph 1 and 2
-1a In Article 4, paragraph 1, subparagraphs 1 and 2 are replaced by the followings: "1. The import of mercury, mercury compounds, and the import of the mixtures of mercury listed in Annex I, including mercury waste from any of the large sources referred to in points (a) to (df) of Article 11, for purposes other than disposal as waste shall be prohibited. Such import for disposal as waste shall only be allowed where the exporting country has no access to available conversion capacity within its own territory. Without prejudice to Article 11 and by way of derogation from the first subparagraph of this paragraph, the import of mercury, mercury compounds and the import of the mixtures of mercury listed in Annex I for a use allowed in a Member State shall be allowed where the importing Member State has granted written consent to such import in either of the following circumstances: " Or. en (32017R0852)
Amendment 48 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EU) 2017/852
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. From 1 January 2025, dental amalgam shall not be used for dental treatment of any member of the population, except when deemed strictly necessary by the dental practitioner based on the specific medical needs of the patient.;
Amendment 54 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b a (new)
Article 1 – paragraph 1 – point 1 – point b a (new)
Regulation (EU) 2017/852
Article 10 – paragraph 7 a (new)
Article 10 – paragraph 7 a (new)
(ba) In Article 10, the following paragraph 7a is added: ‘7a. By 30 June 2024, the Commission shall issue guidance on measures to prevent and reduce mercury emissions release from crematoria, including on the processes and technologies to control and reduce mercury emissions; Member States shall report to the Commission on the implementation of proposed mitigating measures every two years and provide justification in cases where guidance was not followed; the Commission shall make the data collected from Member States publicly available.’
Amendment 58 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EU) 2017/852
Article 11 – point d a (new)
Article 11 – point d a (new)
(1a) In Article 11, the following point (da) is added: ‘(da) mercury no longer used in light houses;’
Amendment 60 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EU) 2017/852
Article 11 – point d b (new)
Article 11 – point d b (new)
(1a) In Article 11, the following point (db) is added: '(db) mercury no longer used in porosimetry.'
Amendment 61 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 b (new)
Article 1 – paragraph 1 – point 1 b (new)
Regulation (EU) 2017/852
Article 19 – paragraph 2a (new)
Article 19 – paragraph 2a (new)
(1b) In Article 19, the following paragraph 2a is inserted: ‘2a. By 31 December 2025 the Commission shall assess the feasibility of controlling and eliminating the manufacturing, import and export of mercury compounds, especially those for non-allowed uses, and assess the feasibility to phase out remaining mercury uses in the Union, including the use of mercury in porosimetry, lighthouses and vaccines.’
Amendment 66 #
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
Regulation (EU) 2017/852
Article 19 – paragraph 3
Article 19 – paragraph 3
In Article 19, paragraph 3 is replaced by the following: "3. The Commission shall, if appropriate, present a legislative proposal together with its reports referred to in paragraphs 1, 1a and 2. of this Article and related to paragraph 8 of Article 11." Or. en (32017R0852)
Amendment 67 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 d (new)
Article 1 – paragraph 1 – point 1 d (new)
Regulation (EU) 2017/852
Annex I
Annex I
Amendment 72 #
Proposal for a regulation
Annex – paragraph 1 – 2
Annex – paragraph 1 – 2
Regulation (EU) 2017/852
Annex II – part A– point 4 a (new)
Annex II – part A– point 4 a (new)
Mercury-added products Date from which the export, import and manufacturing of the mercury-added products are prohibited ‘4a. Triband phosphor lamps for general lighting 31.12.20275 purposes that are not included in entry 4, point (a). Or. en Justification: The putting on the market of this category of lamp expired on 24 February 2023 under the RoHS directive. Therefore, the full manufacture and export ban could have occurred before 2025. Given that there are mercury free and more cost-efficient alternative (LEDs), and that the few remaining companies still producing this category of lamp have already shifted the production to LED, the export of triband phosphor lamps for general lighting purposes that are not included in entry 4, point (a) can be phased out at much earlier date, and hence by 31.12.2025.
Amendment 73 #
Proposal for a regulation
Annex – paragraph 1 – point 2
Annex – paragraph 1 – point 2
Regulation (EU) 2017/852
Annex II – part A – point 4 c (new)
Annex II – part A – point 4 c (new)
Mercury-added products Date from which the export, import and manufacturing of the mercury-added products are prohibited 4c. Non-linear triband phosphor lamps. 31.12.20275