On Thursday 8 February, negotiators from the European Parliament, the Belgian Presidency of the EU Council and the European Commission reached agreement on the proposed revision of the EU Mercury Regulation (2017/85) to phase out the remaining uses of and trade in this highly toxic heavy metal.
“We are targeting the remaining uses of mercury to make the EU mercury-free”, stressed the Belgian Minister for the Environment of the Brussels-Capital Region, Alain Maron, on behalf of the Council.
The European Parliament’s chief negotiator, Marlene Mortler (EPP, German), welcomed “an important step towards a mercury-free future”.
Under this provisional agreement, the use and export of dental amalgam will be banned from 1 January 2025, unless the practitioner deems it strictly necessary on the basis of the patient’s specific, duly justified medical needs.
A temporary exemption. Member States where people on low incomes would be disproportionately affected in socio-economic terms will benefit from a limited derogation until 30 June 2026. No later than one month after the entry into force of the revised regulation, these countries 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 30 June 2026.
The Commission will carry out a general review of the derogations by 31 December 2029, taking into account the availability of mercury-free alternatives.
Mercury emissions from crematoria. By 31 December 2029, the Commission will examine the implementation and impact of the guidelines in the Member States on how to reduce emissions from crematoria. The negotiators agreed that this review should also include an assessment of the need to phase out the remaining uses of mercury and to extend the list of sources of mercury waste.
Lamps. The six categories of mercury-containing lamps will be banned from manufacture and import into the EU from 1 January 2026 or 2027, depending on the category of lamp concerned. Their export will be banned from 2026.
One week of negotiations was all it took to reach agreement on a text proposed by the European Commission in July (see EUROPE 13223/19) and on which the Council voted at the end of January (see EUROPE 13339/4), just after the Parliament (see EUROPE 13330/10).
Parliament and the Council still need to confirm this provisional agreement to allow formal adoption of the revised regulation, which will enter into force 20 days after its publication in the Official Journal of the EU. (Original version in French by Aminata Niang)