WRITTEN QUESTION E-3456/00

by Cecilia Malmström (ELDR) to the Commission

(7 November 2000)

Subject: Regulations on tooth amalgam

Environmental and public health issues have gained an increasingly prominent position in the EU's legislation in recent years. At the Cardiff European Council in June 1998 a decision was also taken to step up efforts to integrate the environment and sustainable development into all Community policies. The Commission's plans to submit a proposal for a strategy on chemicals this year must be seen as part of this trend.

Will the Commission's work in this area also include a proposal for Community regulations on the use of tooth amalgam?

Or does the Commission consider that the issue of mercury in general, and tooth amalgam in particular, should be dealt with at national level, with Member States having the opportunity to notify the Commission of national bans?

Answer given by Mr Liikanen on behalf of the Commission

(9 January 2001)

The Community has addressed for quite some time the issue of mercury products in order to minimize risks to human health and the environment related to the use of mercury. Several Directives concerning several mercury-containing products have been adopted(1). The legislation concerning mercury is under constant review in order to address potential remaining risks in the light of new evidence. The recent proposal for a Directive on the restriction of the use of certain hazardous substances in electrical and electronic equipment (COM(2000) 347 final of 13 June 2000) foresees a phase-out of mercury in electrical and electronical equipment with few exceptions.

1. The specific issue of amalgam waste from dental care has been addressed in Decision 2000/532/EC replacing Commission Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste. This Decision includes an entry for amalgam waste from dental care which is considered to be hazardous waste and therefore has to comply with the requirements of Directive 91/689/EEC on hazardous waste. This constitutes a way to minimise the release of mercury into the environment by avoiding these residues from being released via the sewage systems in the clinics and laboratories.

2. As regards the use of dental amalgams, the Commission follows attentively, in close co-operation with Member States and other interested parties, the development of substitutes for the use of mercury in dental amalgam and their impact on health.

3. If Member States intend to introduce stricter rules on mercury in an area covered by Community legislation based on Article 95 of the Treaty, they can only do so under the specific conditions and notification requirements provided for in this Article.

In the areas not harmonised or in areas covered by Community measures based on Article 175 of the Treaty, the intended measures need to be notified according to the provisions of Directive 98/34 of 22 June 1998 insofar as they constitute technical regulations within the meaning of this Directive.

(1) Directive 91/157/EEC on batteries and accumulators containing certain dangerous substances as amended by the following: Directive 98/101/EC banning mercury in batteries; Directive 82/176/EEC on limit values and objectives for mercury discharges by the chlor-alkali electrolysis industry Directive 89/677/EEC amending for the 8th time Directive 76/769 on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations; Directive 2000/53/EC on end of life vehicles, as well as Directive 94/62/EC on packaging and packaging waste.