WRITTEN QUESTION E-3456/00 by Cecilia Malmström (ELDR) to the Commission. Regulations on tooth amalgam.
Date: 2000-11-07
Institutions: European Parliament, Provisional data
Subjects: competence of the Member States, dental medicine, hazardous waste, intra-EU trade, metal pollution

22.5.2001

EN

Official Journal of the European Communities

C 151 E/175

information needs and provision in the context of tourism. The Commission(cid:146)s (cid:145)progress report on the
follow-up to the conclusions of the Council on Tourism and Employment(cid:146) (1) is based on the interim
findings of these groups. The report has been adopted recently and is available on the Commission website
homepage.

(1) COM(2000) 696 final.

(2001/C 151 E/200)

WRITTEN QUESTION E-3456/00

by Cecilia Malmstr(cid:246)m (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(cid:146)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(cid:146)s plans to submit a proposal for a strategy on chemicals this year must be seen as part of this
trend.

Will the Commission(cid:146)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 (cid:145)amalgam waste from dental care(cid:146) 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

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22.5.2001

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.

(2001/C 151 E/201)

WRITTEN QUESTION E-3461/00

by Chris Davies (ELDR) to the Commission

(8 November 2000)

Subject: Communication on children

Further to announcements made by Commissioner Vitorino nearly one year ago regarding a possible
(cid:145)Communication on Children(cid:146), will the Commission state whether it intends to publish such a document?

If not, why not?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(5 January 2001)

The Honourable Member is referring to the remark made by the Member of the Commission responsible
for Justice and Home Affairs during the parliamentary debate which took place in November 1999 to
celebrate the tenth anniversary of the United Nations Convention on the Rights of the Child. As expressed
in the minutes of the debate, the Member said, in the opening session, that (cid:145)the Commission will give
consideration to the idea of publishing a communication on children (cid:133)(cid:146). He concluded: (cid:145)With regard to
sectoral policies, I still hold with the suggestion of a communication on this subject by the Commission
which must, by definition, be horizontal(cid:146).

The Commission is of the view that these statements do not lead to the conclusion that the Commission
has committed itself to publishing a communication on children(cid:146)s rights.

It is also worth mentioning that competence for action concerning children still remains largely with the
Member States, given the lack of an explicit legal base in the EC Treaty for the Community to safeguard
children(cid:146)s rights in terms that go beyond the existing framework.

(2001/C 151 E/202)

WRITTEN QUESTION E-3462/00

by Laura GonzÆlez `lvarez (GUE/NGL) to the Commission

(8 November 2000)

Subject: High tension power line on Mount Riaæo (Castille and Leon, Spain)

The high tension power line planned for Mount Riaæo, in the (cid:145)Picos de Europa(cid:146) regional park, may clash
with various nature protection provisions covering regional parks, special conservation areas (Natura 2000
Network), special bird protection zones (Directive 79/409/EEC) and the brown bear recovery plan area.