Regulation (EU) 2017/852 of the European Parliament and of the CouncilShow full title

CHAPTER I U.K. GENERAL PROVISIONS

Article 1 U.K. Subject matter and objective

This Regulation establishes measures and conditions concerning the use and storage of and trade in mercury, mercury compounds and mixtures of mercury, and the manufacture and use of and trade in mercury-added products, and the management of mercury waste, in order to ensure a high level of protection of human health and the environment from anthropogenic emissions and releases of mercury and mercury compounds.

F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in Art. 1 omitted (31.12.2020) by virtue of The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 12

Article 2 U.K. Definitions

[F2 1.] For the purposes of this Regulation, the following definitions apply:

(1)

‘mercury’ means metallic mercury (Hg, CAS RN 7439-97-6);

(2)

‘mercury compound’ means any substance consisting of atoms of mercury and one or more atoms of other chemical elements that can be separated into different components only by chemical reactions;

(3)

‘mixture’ means a mixture or solution composed of two or more substances;

(4)

‘mercury-added product’ means a product or product component that contains mercury or a mercury compound that was intentionally added;

(5)

‘mercury waste’ means metallic mercury that qualifies as waste as defined in point (1) of Article 3 of Directive 2008/98/EC;

(6)

‘export’ [F3 (except in the expressions “exporting country” and “exported mercury”)] means any of the following:

(a)

the permanent or temporary export [F4 from the United Kingdom to a country other than one which is a member state on IP completion day] of mercury, mercury compounds, mixtures of mercury and mercury-added products F5 ...;

(b)

F6 ...

(7)

‘import’ means the physical introduction into the [F7 United Kingdom from a country other than one which is a member state on IP completion day] of mercury, mercury compounds, mixtures of mercury and mercury-added products F8 ...;

(8)

‘disposal’ means disposal as defined in point (19) of Article 3 of Directive 2008/98/EC;

(9)

‘primary mercury mining’ means mining in which the principal material sought is mercury;

(10)

‘conversion’ means the chemical transformation of the physical state of mercury from a liquid state to mercury sulfide or a comparable chemical compound that is equally or more stable and equally or less soluble in water and that presents no greater environmental or health hazard than mercury sulfide;

(11)

‘placing on the market’ means supplying or making available [F9 in Great Britain], whether in return for payment or free of charge, to a third party. Import shall be deemed to be placing on the market.

(12)

[F10 ‘competent authority’ means—

(a)

for England and offshore installations in the English offshore area, the Environment Agency;

(b)

for Scotland and offshore installations in the Scottish offshore area, the Scottish Environment Protection Agency;

(c)

for Wales, the Natural Resources Body for Wales;

and ‘offshore installation’, ‘English offshore area’ and ‘Scottish offshore area’ have the meanings given in Schedule 2 to the Control of Mercury (Enforcement) Regulations 2017.]

(13)

[F10 ‘appropriate authority’ means—

(a)

in relation to England, the Secretary of State;

(b)

in relation to Scotland, the Scottish Ministers;

(c)

in relation to Wales, the Welsh Ministers;

but, for making regulations under these Regulations in relation to Scotland, the appropriate authority is the Secretary of State, if consent is given by the Scottish Ministers, and, for making regulations under these Regulations in relation to Wales, the appropriate authority is the Secretary of State, if consent is given by the Welsh Ministers.]

[F11 2. For the purposes of these Regulations, “Directive 2008/98/EC” means Directive 2008/98/EC as last amended by Directive (EU) 2018/851 and read in accordance with paragraphs 3 and 4.

3. Article 5 of Directive 2008/98/EC is to be read as if—

(a) in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

(b) after paragraph 1 there were inserted—

“1A. Any decision as to whether a substance or object is a by-product must be made—

(a) in accordance with any regulations setting out detailed criteria on the application of the conditions in paragraph 1 to specific substances or objects; and

(b) having regard to any guidance published by the appropriate authority or the competent authority for the purposes of this Article.”;

(c) paragraphs 2 and 3 were omitted.

4. Article 6 of Directive 2008/98/EC is to be read as if—

(a) in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

(b) after paragraph 1 there were inserted—

“1A. Any decision as to whether a substance or object has ceased to be waste must be made—

(a) in accordance with any regulations or retained direct EU legislation setting out detailed criteria on the application of the conditions in paragraph 1 to specific types of waste; and

(b) having regard to any guidance published by the appropriate authority or the competent authority for the purposes of this Article.”;

(c) in paragraph 2—

(i) the first subparagraph were omitted;

(ii) in the second subparagraph, for “Those detailed criteria” there were substituted “Any detailed criteria set out in guidance as referred to in paragraph 1A”;

(iii) the third and fourth subparagraphs were omitted;

(d) paragraph 3 were omitted;

(e) in paragraph 4—

(i) in the first subparagraph—

(aa) in the first sentence, for the words from the beginning to “Member State” there were substituted “Where criteria have not been set as referred to in paragraph 1A(a), the competent authority”;

(bb) the second sentence were omitted;

(ii) in the second subparagraph—

(aa) for “Member States” there were substituted “The appropriate authority”;

(bb) “by competent authorities” were omitted.]

Textual Amendments

F2 Art. 2 renumbered as Art. 2(1) (31.12.2020) by The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 13(2)

F3 Words in Art. 2(1)(6) inserted (31.12.2020) by The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 13(3)(a)(i)

F4 Words in Art. 2(1)(6)(a) inserted (31.12.2020) by The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 13(3)(a)(ii)(aa)

F5 Words in Art. 2(1)(6)(a) omitted (31.12.2020) by virtue of The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 13(3)(a)(ii)(bb)

F6 Art. 2(1)(6)(b) omitted (31.12.2020) by virtue of The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 13(3)(a)(iii)

F7 Words in Art. 2(1)(7) substituted (31.12.2020) by The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 13(3)(b)(i)

F8 Words in Art. 2(1)(7) omitted (31.12.2020) by virtue of The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 13(3)(b)(ii)

F9 Words in Art. 2(1)(11) inserted (31.12.2020) by The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 13(3)(c)

F10 Art. 2(1)(12)(13) inserted (31.12.2020) by The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 13(3)(d)

F11 Arts. 2(2)-(4) inserted (31.12.2020) by The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 13(4)