The EU enables Northern Ireland dentists to continue using dental amalgam until 31 December 2034, or until the date agreed by the global Minamata Convention, to which the UK is a signatory, whichever is earlier.
The conditions for the agreement with the EU are regular reporting and proof of continuous progress in reducing the use of amalgam:
a) Take the necessary measures to ensure regular and consistent progress towards full compliance with the EU Regulation at the latest by 31 December 2034 or until the date agreed by the Parties to the Minamata Convention on Mercury for phasing out the use of dental amalgam, whichever is earlier.
b) Ensure that dental amalgam can only be used for dental treatment in Northern Ireland if the patient resides in the United Kingdom and if the treatment is carried out by a dental practitioner registered for that purpose in Northern Ireland.
c) Implement and enforce a system to penalise operators who do not comply with the conditions of this Notice, including when registered dental practitioners in Northern Ireland use dental amalgam for residents outside of the United Kingdom or any operator would resell dental amalgam to Union operators.
d) Ensure that the imports of dental amalgam destined to dental practitioners in Northern Ireland are commensurate to their use of such material.
f) The competent authorities in the United Kingdom in respect of Northern Ireland shall by 31 December of each calendar year submit a written report to the European Commission, based inter alia on information received from importers of dental amalgam on the amount of dental amalgam they imported. The report shall contain the following information:
- The amount of dental amalgam imported into Northern Ireland and the amount of dental amalgam used in dental treatments. In this regard, the competent authorities in the United Kingdom in respect of Northern Ireland shall also estimate the available stock of dental amalgam present in Northern Ireland, including in view of the requirement in section 2(d).
- The number and percentage of dental amalgam treatments in Northern Ireland as well as of the number and percentage of alternative dental treatments.
- Any relevant actions undertaken by the competent authorities in the United Kingdom in respect of Northern Ireland to reduce the use of dental amalgam in dental treatments and promote the transition to mercury-free alternatives.
- An update of the ‘Northern Ireland Plan to phase down the use of dental amalgam’ shared with the Commission in 2019.
With this notice it was avoided to pull the stormont break as requested from the British Dental Association.
The European Network had given evidence in front of the Windsor Framework Committe and submitted several comments to defend the EU’s decision to phase out dental amalgam by 1 January 2025.
Further Information:
Commissions Notice: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:C_202404675
Report of the Windsor Framework Democratic Scrutiny Committee: https://www.niassembly.gov.uk/assembly-business/committees/2022-2027/windsor-framework-democratic-scrutiny-committee/reports/inquiry-into-regulation-eu-20241849/
