“The new regulation for mercury by the European Union (EU) is a significant development in the global effort to reduce and eliminate mercury pollution. It highlights the importance of international and regional cooperation in addressing the human health and environmental impacts of this toxic chemical.”
This was the statement of environmental NGO, BAN Toxics, after the EU’s Revised Regulation for Mercury entered into force on July 30, 2024. The new law prohibits the last intentional uses of mercury by EU member states, including the use and export of dental amalgam, and the manufacture, import, and export of certain categories of mercury-containing lamps.
“Illegal transboundary trade of mercury and mercury-added products remains a major challenge for Philippine regulatory agencies. The influx of imported mercury-containing cosmetic products, for example, continues unabated despite existing regulatory frameworks at both the national and global regional levels.
“We need international collaboration arrangements, which could include information exchange, market surveillance, and technical or financial assistance to enhance capabilities for detecting illegal products. Such collaboration may also help address the entry into the country of mercury-added products that are purchased via e-commerce platforms such as Lazada and Shopee,” said Thony Dizon, BAN Toxics Advocacy and Campaign Officer.
Mercury is a highly toxic chemical that can cause irreparable damage to the nervous system. It is indestructible which means its emissions and releases can bioaccumulate and biomagnify, posing a significant threat to human health and the environment.
According to Dizon, the Philippines has made significant strides in strengthening regulations to reduce mercury use in the country. In 2019, the Department of Environment and Natural Resources (DENR) issued Administrative Order 2019-20, or the Revised Chemical Control Order for Mercury and Mercury Compounds. The Department of Health (DOH) also issued Administrative Order No. 2020-0020, or the “Guidelines on the Phase-out of Mercury Use in Dental Restorative Procedures.”
Additionally, the Food and Drug Administration (FDA) issued FDA Circular No. 2022-003, which bans all mercury-added thermometers, sphygmomanometers, dental amalgam capsules, and liquid mercury for use in dental restorative purposes.
In 2020, the Philippines ratified the Minamata Convention on Mercury, a legally binding global treaty designed to reduce and eliminate mercury emissions and releases into the environment.
BAN Toxics has recently submitted information to the Minamata Convention Secretariat which cited illegal shipments and unregulated online trade as the main challenges in addressing mercury containing cosmetics.
“Our country is always at the receiving end of this illegal transboundary trade since we are not the source of these products. But if more cross-border agreements or mechanisms are in place, this might reduce illegal production and trade of mercury and mercury-added products,” the group said.
The revised Regulation on Mercury prohibits the last intentional remaining uses of mercury in the EU and contributes to the Zero Pollution objective of a toxic-free environment. It represents a breakthrough in the safeguarding of human health, with clear environmental benefits.
The new rules prohibit the use and export of dental amalgam by January 1, 2025. Member States requiring more time to adapt their national healthcare system get a limited and temporary derogation for the use, manufacture, and import of dental amalgam (until June 30, 2026). Eventually, dental filling materials will soon be free from mercury, except for specific medical needs and when deemed strictly necessary by a medical practitioner.
Under the revised regulation, Member States will have to stop manufacturing, importing and exporting certain categories of mercury-containing lamps (as of December 31, 2025, or December 31, 2026, depending on the lamp category). These will be replaced by alternatives like LEDs, which are less toxic and more energy efficient.
