The Northern Ledger

Amplifying Northern Voices Since 2018

NI dentists can use amalgam until 2034; export ban

“A glimmer of hope,” is how the British Dental Association in Northern Ireland put it as Westminster signed off new enforcement rules for mercury. The regulations confirm Northern Ireland can keep using dental amalgam for UK‑resident patients up to 31 December 2034, while tightening trade controls around the material.

The Control of Mercury (Enforcement) (Amendment) Regulations 2025 take effect on Wednesday 3 December 2025. They amend the 2017 framework so UK authorities can police EU mercury rules in Northern Ireland under the Windsor Framework, with specific carve‑outs for dentistry.

What changes, in plain terms? Two things. First, export of dental amalgam from Northern Ireland is prohibited. Second, until the end of 2034, Northern Ireland practices may still import amalgam and use it, but only to treat people who live in the UK. After that long‑stop date, the import ban bites too.

Brussels’ underlying law is clear: the EU outlawed the routine use of dental amalgam from 1 January 2025, with manufacturing and imports into the EU ending from 1 July 2026. The Commission also confirmed these changes apply in Northern Ireland via the Windsor Framework. The UK instrument translates that into day‑to‑day enforcement with a targeted health exemption through 2034.

There is a hard residency test baked in. The BDA has told practices that amalgam in Northern Ireland can now be used only for patients who live in the UK. A patient’s home address can be taken as proof of residence. That means no amalgam for non‑UK residents crossing the border for cheaper treatment.

Trade flows change too. The BDA’s guidance states exports of dental amalgam from Northern Ireland to outside the UK are banned, while any imports destined for Northern Ireland dentists must be “commensurate to use”. In short: stockpiling is out, and wholesalers will need tighter paperwork.

For suppliers and group practices across the North of England with depots serving Belfast and Derry, the priorities are practical: verify residency at booking, align orders to expected chair‑side use, and brief reception teams so patients aren’t promised silver fillings that can’t legally be provided. Customs officials now have explicit powers to assist with enforcement.

Northern Ireland’s Health Minister Mike Nesbitt welcomed the EU’s formal derogation earlier this year, calling the outcome “a priority” for the Department given the pressure on services. The Department of Health says the permission lasts until 31 December 2034 or an earlier global date set under the Minamata Convention.

The environmental driver hasn’t gone away. EU ministers framed the changes as part of a push to eliminate mercury use and cut emissions, including from crematoria, with new reporting and abatement guidance built into the rules. Expect more attention on capture technology and waste handling across the UK.

Dentists have warned for months that an immediate ban would have hit NHS access in Northern Ireland. BDA survey work submitted to Stormont found nine in ten practices expected higher costs and reduced capacity if amalgam vanished overnight. The 2034 runway buys time, but the profession is blunt: sustained reform and investment still need to follow.

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