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

CHAPTER II U.K. TRADE AND MANUFACTURING RESTRICTIONS CONCERNING MERCURY, MERCURY COMPOUNDS, MIXTURES OF MERCURY AND MERCURY-ADDED PRODUCTS

Article 3 U.K. Export restrictions

1. The export [F1 from Great Britain] of mercury shall be prohibited.

2. The export [F2 from Great Britain] of the mercury compounds and of the mixtures of mercury listed in Annex I shall be prohibited as from the dates set out therein.

3. By way of derogation from paragraph 2, the export [F3 from Great Britain] of the mercury compounds listed in Annex I for the purposes of laboratory-scale research or laboratory analysis shall be allowed.

4. The export [F4 from Great Britain], for the purpose of reclaiming mercury, of mercury compounds and of mixtures of mercury that are not subject to the prohibition laid down in paragraph 2 shall be prohibited.

Textual Amendments

F1 Words in Art. 3(1) inserted (31.12.2020) by The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 14(2)

F2 Words in Art. 3(2) inserted (31.12.2020) by The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 14(3)

F3 Words in Art. 3(3) inserted (31.12.2020) by The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 14(4)

F4 Words in Art. 3(4) inserted (31.12.2020) by The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 14(5)

Article 4 U.K. [F5 Restrictions on imports and movements involving Northern Ireland]

1. The import [F6 into Great Britain of mercury and] mixtures of mercury listed in Annex I, including mercury waste from any of the large sources referred to in points (a) to (d) of Article 11, for purposes other than disposal as waste shall be prohibited. Such import for disposal as waste shall only be allowed where the exporting country has no access to available conversion capacity within its own territory.

Without prejudice to Article 11 and by way of derogation from the first subparagraph of this paragraph, the import [F7 into Great Britain of mercury and] mixtures of mercury listed in Annex I for a use allowed in [F8 Great Britain] shall be allowed where the [F9 competent authority] has granted written consent to such import in either of the following circumstances:

(a) the exporting country is a Party to the Convention and the exported mercury is not from primary mercury mining that is prohibited under Article 3(3) and (4) of the Convention; or

(b) the exporting country not being a Party to the Convention has provided certification that the mercury is not from primary mercury mining.

F10 ...

2. The import [F11 into Great Britain] of mixtures of mercury that do not fall under paragraph 1 and of mercury compounds, for the purpose of reclaiming mercury, shall be prohibited.

3. The import [F12 into Great Britain] of mercury for use in artisanal and small-scale gold mining and processing shall be prohibited.

4. Where the import [F13 into Great Britain] of mercury waste is allowed in accordance with this Article, Regulation (EC) No 1013/2006 shall continue to apply in addition to the requirements of this Regulation.

[F14 5. Paragraphs 1 to 3, except in so far as they apply to mercury waste, shall apply to the transport of mercury etc. from Northern Ireland into Great Britain, subject to the modifications in paragraphs 6 to 8.

6. Paragraph 1 is to be read as if—

(a) in the first subparagraph—

(i) in the first sentence for “import into Great Britain” there were substituted “transport from Northern Ireland into Great Britain”;

(ii) in the second sentence—

(aa) for “import” there were substituted “transport”;

(bb) for “the exporting country” there were substituted “Northern Ireland”;

(b) in the second subparagraph—

(i) for “import into Great Britain” there were substituted “transport from Northern Ireland into Great Britain”;

(ii) for “such import” there were substituted “such transport”.

7. Paragraph 2 is to be read as if for “import into Great Britain” there were substituted “transport from Northern Ireland into Great Britain”.

8. Paragraph 3 is to be read as if for “import into Great Britain” there were substituted “transport from Northern Ireland into Great Britain”.

9. Paragraphs 1 to 4 shall apply to the transport of mercury etc. from Great Britain into Northern Ireland, subject to the modifications in paragraphs 10 to 12.

10. Paragraph 1 is to be read as if—

(a) in the first subparagraph—

(i) in the first sentence for “import into Great Britain” there were substituted “transport from Great Britain into Northern Ireland”;

(ii) in the second sentence—

(aa) for “import” there were substituted “transport”;

(bb) for “the exporting country” there were substituted “Great Britain”;

(b) in the second subparagraph—

(i) for “import into Great Britain” there were substituted “transport from Great Britain into Northern Ireland”;

(ii) for “such import” there were substituted “such transport.”.

11. Paragraph 2 is to be read as if for “import into Great Britain” there were substituted “transport from Great Britain into Northern Ireland”.

12. Paragraph 3 is to be read as if for “import into Great Britain” there were substituted “transport from Great Britain into Northern Ireland”.]

Textual Amendments

F5 Art. 4 heading substituted (31.12.2020) by The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 15(2)

F6 Words in Art. 4(1) substituted (31.12.2020) by The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 15(3)(a)

F7 Words in Art. 4(1) substituted (31.12.2020) by The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 15(3)(b)(i)

F8 Words in Art. 4(1) substituted (31.12.2020) by The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 15(3)(b)(ii)

F9 Words in Art. 4(1) substituted (31.12.2020) by The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 15(3)(b)(iii)

F10 Words in Art. 4(1) omitted (31.12.2020) by virtue of The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 15(3)(c)

F11 Words in Art. 4(2) inserted (31.12.2020) by The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 15(4)

F12 Words in Art. 4(3) inserted (31.12.2020) by The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 15(5)

F13 Words in Art. 4(4) inserted (31.12.2020) by The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 15(6)

F14 Art. 4(5)-(12) inserted (31.12.2020) by The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 15(7)

Article 5 U.K. Export, import and manufacturing of mercury-added products

1. Without prejudice to stricter requirements set out in other applicable [F15 retained EU law], the export, import and manufacturing in [F16 Great Britain] of the mercury-added products set out in Annex II shall be prohibited as from the dates set out therein.

2. The prohibition laid down in paragraph 1 shall not apply to any of the following mercury-added products:

(a) products that are essential for civil protection and military uses;

(b) products for research, for calibration of instrumentation, or for use as a reference standard.

[F17 3. Paragraphs 1 and 2 shall apply to the transport of mercury-added products from Northern Ireland into Great Britain, and from Great Britain into Northern Ireland, subject to the following modification.

4. Paragraph 1 is to be read as if for “export, import and manufacturing in Great Britain” there were substituted “transport from Northern Ireland into Great Britain, and from Great Britain into Northern Ireland,]

Textual Amendments

F15 Words in Art. 5(1) substituted (31.12.2020) by The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 16(2)(a)

F16 Words in Art. 5(1) substituted (31.12.2020) by The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 16(2)(b)

F17 Art. 5(3)(4) inserted (31.12.2020) by The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 16(3)

Article 6 U.K. Forms for import and export

The [F18 appropriate authority may, by regulations,] specify forms to be used for the purpose of implementing Articles 3 and 4. F19 ...

Textual Amendments

F18 Words in Art. 6 substituted (31.12.2020) by The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 17(a)

F19 Words in Art. 6 omitted (31.12.2020) by virtue of The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 17(b)