in force 2024-07-30 MODIFIED+1,281 −27§
Amended by Regulation (EU) 2024/1849 32024R1849
applies from: unknown (the text changed beyond its dates, so no date that moved can be read as the application date)
dates added to the text: 2025-12-31, 2029-12-31 · dates removed: 2024-12-31
The reporting deadline in paragraph 2 was moved from 31 December 2024 to 31 December 2029.
A new paragraph 2a was added requiring a Commission report to the European Parliament and Council by 31 December 2029 covering crematoria emission abatement guidance (to be developed by 31 December 2025), the dental amalgam exemption and derogation, cosmetics mercury phase-out developments, remaining mercury use phase-out, expansion of the mercury waste source list, and expansion of the mercury compounds list in Annex I.
Paragraph 3 was reworded to refer to the reports referred to in this Article generally, rather than specifically to the reports in paragraphs 1 and 2.
Cited: Art. 19, v1 · Art. 19, v2
text before / after
02017R0852-20231016 → 02017R0852-20240730
Article 19
Review
1. By 30 June 2020, the Commission shall report to the European Parliament and to the Council on the outcome of its assessment regarding:
(a) the need for the Union to regulate emissions of mercury and mercury compounds from crematoria;
(b) the feasibility of a phase out of the use of dental amalgam in the long term, and preferably by 2030, taking into account the national plans referred to in Article 10(3) and whilst fully respecting Member States' competence for the organisation and delivery of health services and medical care; and
(c) the environmental benefits and the feasibility of a further alignment of Annex II with relevant Union legislation regulating the placing on the market of mercury-added products.
2. By 31 December 2024, 2029, the Commission shall report to the European Parliament and to the Council on the implementation and the review of this Regulation, inter alia, in the light of the effectiveness evaluation undertaken by the Conference of the Parties to the Convention and of the reports provided by the Member States in accordance with Article 18 of this Regulation and Article 21 of the Convention.
2a. By 31 December 2029, the Commission shall report to the European Parliament and to the Council on:
(a) the implementation and impact of the guidance, developed by the Commission by 31 December 2025, on abatement technologies for emissions of mercury and mercury compounds from crematoria applied in Member States;
(b) the need to maintain the exemption from the prohibition on the use of dental amalgam referred to in Article 10(2a), first subparagraph, taking into account the impact on the health of patients generally and of patients dependent on amalgam fillings, and the need to maintain the derogation for the import and manufacturing of dental amalgam as referred to in Article 10(7), third subparagraph;
(c) the developments under the Convention as regards the phase-out of illegal mercury use in cosmetics, taking into account information provided by Parties to the Convention in line with Decision MC-5/5 of the Conference of the Parties on the preparation of a report on cosmetics;
(d) the need to phase out remaining mercury uses;
(e) the need to expand the list of mercury waste sources set out in Article 11;
(f) the need to expand the list of mercury compounds set out in Annex I, by adding, for example, mercuric azanide chloride (HgNH2Cl).
3. The Commission shall, if appropriate, present a legislative proposal together with its the reports referred to in paragraphs 1 and 2. this Article.