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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 (Text with EEA relevance)
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1.From 1 January 2019, dental amalgam shall only be used in pre-dosed encapsulated form. The use of mercury in bulk form by dental practitioners shall be prohibited.
2.From 1 July 2018, dental amalgam shall not be used for dental treatment of deciduous teeth, of children under 15 years and of pregnant or breastfeeding women, except when deemed strictly necessary by the dental practitioner based on the specific medical needs of the patient.
F13.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4.From 1 January 2019, operators of dental facilities in which dental amalgam is used or dental amalgam fillings or teeth containing such fillings are removed, shall ensure that their facilities are equipped with amalgam separators for the retention and collection of amalgam particles, including those contained in used water.
Such operators shall ensure that:
(a)amalgam separators put into service from 1 January 2018 provide a retention level of at least 95 % of amalgam particles;
(b)from 1 January 2021, all amalgam separators in use provide the retention level specified in point (a).
Amalgam separators shall be maintained in accordance with the manufacturer's instructions to ensure the highest practicable level of retention.
5.Capsules and amalgam separators complying with [F2United Kingdom standards, or with] international standards that provide an equivalent level of quality and retention, shall be presumed to satisfy the requirements set out in paragraphs 1 and 4.
6.Dental practitioners shall ensure that their amalgam waste, including amalgam residues, particles and fillings, and teeth, or parts thereof, contaminated by dental amalgam, is handled and collected by an authorised waste management establishment or undertaking.
Dental practitioners shall not release directly or indirectly such amalgam waste into the environment under any circumstances.
Textual Amendments
F1Art. 10(3) omitted (31.12.2020) by virtue of The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 21(2)
F2Words in Art. 10(5) substituted (31.12.2020) by The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 21(3)
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