Activities of Michel DANTIN related to 2016/0023(COD)
Plenary speeches (1)
Mercury (debate) FR
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on mercury, and repealing Regulation (EC) No 1102/2008 PDF (977 KB) DOC (129 KB)
Amendments (42)
Amendment 97 #
Proposal for a regulation
Recital 1
Recital 1
(1) Mercury is a highly toxic substance which represents a global and major threat to human health, including by methylmercury in fish and seafood resources, the ecosystems and wildlife. Due to the transboundary nature of mercury pollution, between 40% and 80% of total mercury deposition in the Union originates from outside of the Union and therefore warrants action at local, regional, national and international levelsIn high doses, mercury is particularly harmful to young children and foetuses, and it affects the intellectual faculties among others. Restrictions on its use should therefore be adopted.
Amendment 98 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Due to the transboundary nature of mercury pollution, between 40% and 80% of total mercury deposition in the Union originates from outside of the Union and therefore warrants action at local, regional, national and international levels.
Amendment 104 #
Proposal for a regulation
Recital 5
Recital 5
(5) Significant progress has been achieved in the Union in the past 10 years in the field of mercury management following the adoption of the Strategy and of a wide range of measures concerning mercury emissions, supply, demand and use and the management of mercury surplus and stocks. Particular attention should be devoted to the full implementation of this Regulation in accordance with the rules.
Amendment 114 #
Proposal for a regulation
Recital 9
Recital 9
(9) As Union legislation already transposes many of the obligations of the Convention, this Regulation should onlas a priority lay down provisions that complement the Union acquis and that are needed to ensure its full alignment with the Convention and, accordingly, to enable the Union and its Member States to ratify and implement it.
Amendment 116 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Additional measures at Union level whose level of ambition goes beyond that of the Convention may be adopted where they make it possible to reduce the harmful effects of mercury efficiently and effectively, in accordance with the scientific state of the art, on condition that such measures do not place European businesses at a competitive disadvantage in relation to the rest of the world. By way of example, the Union should encourage the use of recycled mercury for industrial purposes.
Amendment 118 #
Proposal for a regulation
Recital 10
Recital 10
(10) The mercury export ban set out inIn accordance with Regulation (EC) No 1102/2008 of the European Parliament and of the Council39, the mercury export ban should be complemented by restrictions on the import of mercury depending on the source, the intended use and the place of origin of mercury. The national authorities designated in accordance with Regulation (EU) No 649/2012 of the European Parliament and of the Council40 should perform the administrative functions linked to the implementation of such restrictions. __________________ 39 Regulation (EC) No 1102/2008 of the European Parliament and of the Council of 22 October 2008 on the banning of exports of metallic mercury and certain mercury compounds and mixtures and the safe storage of metallic mercury (OJ L 304, 14.11.2008, p. 75). 40 Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the export and import of hazardous chemicals (OJ L 201, 27.7.2012, p. 60).
Amendment 125 #
Proposal for a regulation
Recital 12
Recital 12
(12) This Regulation should therefore have a twofold legal basis, Articles 192(1) and 207 of the TFEU, as it seeks to protect both the environment and human health and to ensure uniformity in respect of its trade aspects through the export and import prohibition and restrictions affecting mercury, mercury compounds and mercury-added products, and it should have a twofold legal basis, namely Articles 192(1) and 207 of the TFEU.
Amendment 127 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) With the aim of reducing imports of mercury and storage of mercury waste, either stabilised or partially stabilised, the use of mercury obtained by means of recycling should be encouraged where possible.
Amendment 128 #
Proposal for a regulation
Recital 13
Recital 13
(13) This Regulation applies without prejudice to the provisions of the applicable Union acquis that set stricter requirements for such products, including in terms of their maximum content of mercury, but without being restricted to that aspect.
Amendment 129 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) This Regulation aims to protect human health while also ensuring the availability of medicated and medicinal products containing mercury that confer proven benefits to health for which no mercury-free alternative exists.
Amendment 134 #
Proposal for a regulation
Recital 14
Recital 14
(14) The production of sodium or potassium methylate or ethylate by means of a process using mercury ought ultimately to be prohibited. In the absence of a relevant available mercury-free production processes, operating conditioncess for the production of sodium or potassium methylate or ethylate involving the use of mercury should be set, the derogation period should be extended for a maximum specified period and/or until a mercury- free process has been deemed technically and economically feasible.
Amendment 140 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) It is essential that mercury waste be traceable so as to ensure that it is properly treated and disposed of and to prevent illegal use thereof Accordingly, an effective traceability system throughout the mercury waste management chain ought to be introduced at Union level.
Amendment 142 #
Proposal for a regulation
Recital 16 b (new)
Recital 16 b (new)
(16b) Buccodental health awareness- raising and education is the most effective way of preventing caries and, hence, of reducing the use of a dental restoration such as dental amalgam. Member States ought to promote buccodental health, for example by setting national objectives.
Amendment 143 #
Proposal for a regulation
Recital 17
Recital 17
(17) The use of dental amalgam in an encapsulated pre-dosed form and the implementation of amalgam separators should be made mandatory to protect dental practitioners and patients from mercury exposure and to ensure that resulting mercury waste are not released into the environment, but are collected and subjected to sound waste management. To ensure that amalgam separators are effective, minimum requirements for performance of equipment and amalgam waste management by practitioners ought to be guaranteed at Union level. Given the size of the undertakings from the dentristry sector concerned by this change, it is appropriate to provide sufficient time to adapt to the new provision.
Amendment 149 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) Member States should be called on to support the training of students and dentists in the use of mercury-free alternatives, in particular for vulnerable groups such as pregnant women and children, and to encourage buccodental health research and innovation in order to improve knowledge of existing materials and restoration techniques and to develop new materials.
Amendment 155 #
Proposal for a regulation
Recital 18
Recital 18
(18) Most of the criteria established in Council Directive 1999/31/EC41 for the temporaryThe permanent storage of liquid mercury waste should apply to the permanent storage of mercury wasbe prohibited in unorderground storage facilities. The applicability of some of those criteria should depend on the specific characteristics of each underground storage facility, as determined by the competent authorities of the Member States in charge of the implementation of Directive 1999/31/EC. __________________ 41Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182 of 16.7.1999, p. 1) to prevent harm to human health and the environment and to prevent the illegal use thereof.
Amendment 167 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6 a (new)
Article 2 – paragraph 1 – point 6 a (new)
6a. 'temporary storage' means the storage of mercury waste for a limited period prior to the final-disposal process.
Amendment 168 #
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
The first subparagraph shall not apply to the export of the mercury compounds listed in Annex I for laboratory-scale research, for mercury in pre-dosed capsules for the in-situ generation of dental amalgam, for vaccines and substances for allergy testing and for mercury or mercury compounds intended for the manufacture of homeopathic and anthroposophic medicinal products or their active pharmaceutical ingredients.
Amendment 172 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
The import of mercury and of mixtures as listed in Annex I for uses other than disposal as waste shall be prohibited.
Amendment 175 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 2 – indent 2 a (new)
Article 4 – paragraph 1 – subparagraph 2 – indent 2 a (new)
- the mercury and mixtures listed in Annex I are used for the production of medicated and medicinal products, without prejudice to either of the above instances.
Amendment 176 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. By way of derogation from the first subparagraph, import shall be allowed only where recycled mercury is no longer available and provided that the use thereof is technically possible and/or does not affect product quality.
Amendment 186 #
Proposal for a regulation
Article 5 – paragraph 2 – indent 2 a (new)
Article 5 – paragraph 2 – indent 2 a (new)
- medicated and medicinal products for which there is no feasible mercury- free alternative.
Amendment 202 #
Proposal for a regulation
Article 8 – paragraph 3 – indent 2 a (new)
Article 8 – paragraph 3 – indent 2 a (new)
- information on the lack of a mercury-free alternative that is technically or economically feasible;
Amendment 212 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. From 1 January 2019 onwards dental amalgam shall only be used in an pre-dosed encapsulated form.
Amendment 215 #
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. From 1 January 2019 onwards, the use of dental amalgam shall be banned in the context of dental repair work carried out on pregnant women or on milk teeth, except in cases where the practitioner regards it as necessary on the grounds that there is no satisfactory alternative.
Amendment 223 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. From 1 January 20219 onwards dental facilities shall be equipped with amalgam separators aimed at retaining and collecting all amalgam particles. Those separators shall b, including those contained in liquid waste. Practitioners shall take steps to ensure that separators are maintained as required to ensure a high and ongoing level of retention of at least 95% of amalgam particles.
Amendment 231 #
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. Practitioners shall be responsible for the conditioning and disposal of their waste and must make sure that these stages are carried out in an environmentally sound manner. They must satisfy themselves that the service providers who collect their waste comply with the rules in force.
Amendment 246 #
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
Amendment 253 #
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. By way of derogation from point (a) of Article 5(3) of Directive 1999/31/EC, mercury waste may be stored temporarily, for a maximum period of 10 years in accordance with the specific requirements for the temporary storage of mercury waste as laid down in Annexes I, II and II to that Directive, in one of the following ways:
Amendment 260 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) temporarily stored for more than one year or permanently stored in salt mines that are adapted for the disposal of mercury, or in deep underground hard rock formations providing a level of safety and confinement equivalent to that of those salt mines;
Amendment 270 #
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) temporarily stored in above-ground facilities dedicated to and equipped for the temporary storage of mercury.
Amendment 272 #
Proposal for a regulation
Article 13 – paragraph 2 – introductory part
Article 13 – paragraph 2 – introductory part
2. The specific requirements for the temporary storage of mercury waste, as laid down in Annexes I, II and III to Directive 1999/31/EC shall apply to tPermanent storage shall be authorised only if the mercury waste has been stabilised or partially stabilised in salt mines that are adapted for the disposal of mercury, or in deep underground hard rock formations providing a level of safety and confinement equivalent to that of those salt mines. The opermanent storage facilities referred to in point (a) of paragraph 1 of this Article under the following conditions laid down ators of facilities carrying out mercury stabilisation must establish, within the register referred to in Article 35 of Directive 2008/98/EC, a register containing the following Annexes to that Directiveinformation:
Amendment 275 #
Proposal for a regulation
Article 13 – paragraph 2 – point a
Article 13 – paragraph 2 – point a
(a) Annex I, Section 8 (first, third and fifth indents) and Annex II to Directive 1999/31/EC shall apply;for each shipment of mercury waste received: (i) the origin and quantity of the mercury waste received; (ii) the name and contact information of the supplier.
Amendment 278 #
Proposal for a regulation
Article 13 – paragraph 2 – point b
Article 13 – paragraph 2 – point b
(b) Annex I, Section 8 (second, fourth and sixth indents) and Annex III, Section 6, to Directive 1999/31/EC shall only apply where deemed appropriate by the competent authorities of the Member States in charge of implementing that Directivefor each shipment of stabilised mercury waste leaving the facility: (i) the quantity of stabilised mercury waste and its mercury content; (ii) the destination and the planned disposal operations for the stabilised mercury waste; (iii) the certificate issued by the operator responsible for the permanent storage of the solidified mercury waste, as provided for in Article 1b.
Amendment 280 #
Proposal for a regulation
Article 13 – paragraph 2 – point b a (new)
Article 13 – paragraph 2 – point b a (new)
(ba) the quantity of mercury waste stored in the facility at the end of each month.
Amendment 281 #
Proposal for a regulation
Article 13 – paragraph 2 – point b b (new)
Article 13 – paragraph 2 – point b b (new)
(bb) The operator of the facility shall forward the register to the authorities designated by the Member State by 31 January at the latest.
Amendment 282 #
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. Once the disposal operation has been completed, facility operators responsible for the permanent storage of mercury waste must issue a certificate stipulating that the entire shipment of mercury waste has been stored permanently in accordance with Directive 1999/31/EC. That certificate shall include information concerning the place of storage.
Amendment 286 #
Proposal for a regulation
Article 13 – paragraph 2 b (new)
Article 13 – paragraph 2 b (new)
2b. The Commission shall report to Parliament and the Council before 1 January 2023 on whether the period set out in paragraph 1 needs to be changed. The Commission may accompany this report with a legislative proposal.
Amendment 287 #
Proposal for a regulation
Article 13 – paragraph 2 c (new)
Article 13 – paragraph 2 c (new)
2c. By 1 January 2019, the Commission shall ensure the traceability of waste mercury throughout the chain and for all parties involved, in accordance with the provisions of this regulation and the applicable EU law. If there is found to be a gap in legislation, the Commission shall introduce, by means of delegated acts, a system for reporting and monitoring mercury waste. The system shall log inflows and outflows of mercury waste for each party involved in the chain, particularly waste producers, waste collection operators, temporary storage operators, stabilisation facility operators and permanent storage operators. The reporting shall state the quantity of mercury waste held by each person or entity at all links in the chain.
Amendment 328 #
Proposal for a regulation
Annex III – part 1 – point b
Annex III – part 1 – point b
(b) from 1 January 201925: vinyl chloride monomer production
Amendment 330 #
Proposal for a regulation
Annex III – part 1 – point b a (new)
Annex III – part 1 – point b a (new)
(ba) from 1 January 2025: sodium methylate or ethylate production
Amendment 333 #
Proposal for a regulation
Annex III – part 1 – point b b (new)
Annex III – part 1 – point b b (new)
(bb) By way of derogation from Part I, the production of potassium methylate or ethylate shall be permitted for a period of up to ten years from the entry into force of this regulation, provided that no alternative process has been deemed viable. As soon as appropriate alternative techniques are available within the Union, the Commission shall ban, by means of delegated acts adopted in accordance with Article 17, the mercury- based process concerned.