Annexes to COM(2023)395 - Amendment of Regulation 2017/852 on mercury as regards dental amalgam and other mercury-added products subject to manufacturing, import and export restrictions

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dossier COM(2023)395 - Amendment of Regulation 2017/852 on mercury as regards dental amalgam and other mercury-added products subject to ...
document COM(2023)395 EN
date June 13, 2024
Annexes in this document are deemed references to Articles and Annexes to the Mercury Regulation, unless otherwise specified.    
(15) Report from the Commission to the European Parliament and the Council on the reviews required under Article 19 (1) of Regulation 2017/852 on the use of mercury in dental amalgam and products, COM(2020) 378 final, 17.08.2020.
(16) Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC (OJ L 266 26.9.2006, p. 1).
(17) Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006).
(18) Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (OJ L 342 22.12.2009, p. 59).
(19) 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).
(20) ‘CFL ni’ means compact fluorescent lamps without integrated ballast i.e., non-integrated ballast.
(21)

   Commission Delegated Directive (EU) 2022/276 of 13 December 2021 amending, for the purpose of adapting to technical and scientific progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in single capped (compact) fluorescent lamps for general lighting purposes (OJ L 43, 24.2.2022, p. 32–34). 

(22)

   Commission Delegated Directive (EU) 2022/284 of 16 December 2021 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in double-capped linear fluorescent lamps for general lighting purposes (OJ L 43, 24.2.2022, p. 57–59).

(23)

   Commission Delegated Directive (EU) 2022/282 of 13 December 2021 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in non-linear tri-band phosphor lamps (OJ L 43, 24.2.2022, p. 51–53).

(24)

   Commission Delegated Directive (EU) 2022/283 of 13 December 2021 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in High Pressure Sodium (vapour) lamps with improved colour rendering index for general lighting purposes (OJ L 43, 24.2.2022, p. 54–56).

(25) UNEP/MC/COP.4/Dec.3 - Decision MC-4/3: Review and amendment of annexes A and B to the Minamata Convention on Mercury, available at  https://www.mercuryconvention.org/en/documents/review-and-amendment-annexes-and-b-minamata-convention-mercury
(26)

   Council Decision (EU) 2021/727 of 29 April 2021 on the submission, on behalf of the European Union, of proposals to amend Annexes A and B to the Minamata Convention on Mercury, regarding mercury-added products and manufacturing processes in which mercury or mercury compounds are used (OJ L 55 of 5.5.2021, p. 23).

(27)

   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).

(28) C(2023) 4683 - Commission Delegated Regulation amending Regulation (EU) 2017/852 of the European Parliament and of the Council as regards mercury-added products subject to manufacturing, import and export prohibitions.
(29)

   Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water policy, amending and subsequently repealing Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive 2000/60/EC of the European Parliament and of the Council (OJ L 348, 24.12.2008, p. 84–97).

(30)

   Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (OJ L 334, 17.12.2010, p. 17–119).

(31)

   Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182, 16.7.1999, p. 1–19). 

(32) Commission Regulation (EC) No 1881/2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs (OJ L 364 20.12.2006, p. 5).
(33)

   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). 

(34) Agenda 2030 for Sustainable Development: https://www.un.org/sustainabledevelopment/development-agenda/
(35) Commission Staff Working Document – Impact Assessment Report – Impact Assessment Accompanying the document ‘Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) 2017/852 of the European Parliament and of the Council of 17 May 2017 on mercury as regards dental amalgam and other mercury-added products subject to manufacturing, import and export restrictions’. SWD (2023) 395
(36) Ref. Ares(2023)2149020
(37)

   Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1–44).

(38) Commission Implementing Decision (EU) 2019/1752 of 25 February 2019 establishing questionnaires, as well as the format and frequency of reports to be prepared by the Member States in accordance with Regulation (EU) 2017/852 of the European Parliament and of the Council (OJ L 269, 23.10.2019, p. 5–11).
(39) OJ C , , p. .
(40) OJ C , , p. .
(41) Regulation (EU) 2017/852 of the European Parliament and of the Council of 17 May 2017 on mercury, and repealing Regulation (EC) No 1102/2008 (OJ L 137, 24.5.2017, p. 1).
(42) Report from the Commission to the European Parliament and the Council on the reviews required under Article 19(1) of Regulation 2017/852 on the use of mercury in dental amalgam and products, COM(2020) 378 final, 17.08.2020.
(43) Commission Staff Working Document – Impact Assessment Report – Impact Assessment Accompanying the document ‘Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) 2017/852 of the European Parliament and of the Council of 17 May 2017 on mercury as regards dental amalgam and other mercury-added products subject to manufacturing, import and export restrictions’. SWD (2023) 395
(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
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EUROPEAN COMMISSION

Brussels, 14.7.2023

COM(2023) 395 final


ANNEX

to the

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
amending Regulation (EU) 2017/852 of the European Parliament and of the Council of 17 may 2017 on mercury as regards dental amalgam and other mercury-added products subject to manufacturing, import and export restrictions


{SEC(2023) 395 final} - {SWD(2023) 395 final} - {SWD(2023) 396 final} - {SWD(2023) 397 final}


ANNEX


Part A of Annex II is amended as follows:


(1)the following entry 3b is inserted:

Mercury-added productsDate from which the export, import and manufacturing of the mercury-added products are prohibited
‘3b. All other compact fluorescent lamps (CLFs) for general lighting purposes not already covered by entries 3 and 3a31.12.2025’;


(2)the following entries 4a to 4d are inserted:

Mercury-added productsDate from which the export, import and manufacturing of the mercury-added products are prohibited
‘4a. Triband phosphor lamps for general lighting purposes that are not included in entry 4, point (a).31.12.2027
4b. Halophosphate phosphor lamps for general lighting purposes that are not included in entry 4, point (b).31.12.2025
4c. Non-linear triband phosphor lamps.31.12.2027
4d. Non-linear halophosphate phosphor lamps.31.12.2025’;


(3)the following entry 5a is inserted:

Mercury-added productsDate from which the export, import and manufacturing of the mercury-added products are prohibited
‘5a High pressure mercury sodium (vapour) lamps (HPS) for general lighting purposes.31.12.2025’.


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