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

Article 14 U.K. Traceability

1. Operators of facilities undertaking the temporary storage of mercury waste shall establish a register including the following:

(a) for each shipment of mercury waste received:

(i)

the origin and amount of that waste;

(ii)

the name and contact details of the supplier and the owner of that waste;

(b) for each shipment of mercury waste leaving the facility:

(i)

the amount of that waste and its mercury content;

(ii)

the destination and intended disposal operation of that waste;

(iii)

a copy of the certificate provided by the operator of the facility undertaking the conversion and, if applicable, the solidification of that waste, as referred to in paragraph 2;

(iv)

a copy of the certificate provided by the operator of the facility undertaking the permanent storage of the mercury waste that underwent conversion and, if applicable, solidification, as referred to in paragraph 3;

(c) the amount of mercury waste stored at the facility at the end of each month.

Operators of facilities undertaking the temporary storage of mercury waste shall, as soon as the mercury waste is taken out of temporary storage, issue a certificate confirming that the mercury waste was sent to a facility undertaking disposal operations covered by this Article.

Once a certificate as referred to in the second subparagraph of this paragraph is issued, a copy thereof shall be transmitted without delay to the economic operators concerned referred to in Article 12.

2. Operators of facilities undertaking the conversion and, if applicable, the solidification of mercury waste shall establish a register including the following:

(a) for each shipment of mercury waste received:

(i)

the origin and amount of that waste;

(ii)

the name and contact details of the supplier and the owner of that waste;

(b) for each shipment of mercury waste that underwent conversion and, if applicable, solidification leaving the facility:

(i)

the amount of that waste and its mercury content;

(ii)

the destination and intended disposal operation of that waste;

(iii)

a copy of the certificate provided by the operator of the facility undertaking the permanent storage of that waste, as referred to in paragraph 3;

(c) the amount of mercury waste stored at the facility at the end of each month.

Operators of facilities undertaking the conversion and, if applicable, the solidification of mercury waste shall, as soon as the conversion and, if applicable, the solidification operation of the entire shipment is completed, issue a certificate confirming that the entire shipment of mercury waste has been converted and, if applicable, solidified.

Once a certificate as referred to in the second subparagraph of this paragraph is issued, a copy thereof shall be transmitted without delay to the operators of the facilities referred to in paragraph 1 of this Article and to the economic operators concerned referred to in Article 12.

3. Operators of facilities undertaking the permanent storage of mercury waste that underwent conversion and, if applicable, solidification shall, as soon as the disposal operation of the entire shipment is completed, issue a certificate confirming that the entire shipment of mercury waste that underwent conversion and, if applicable, solidification has been placed into permanent storage in compliance with [F1 the relevant regulations], including information on the storage location.

Once a certificate as referred to in the first subparagraph of this paragraph is issued, a copy thereof shall be transmitted without delay to the operators of the facilities referred to in paragraphs 1 and 2 of this Article as well as to the economic operators concerned referred to in Article 12.

[F2 3A. In paragraph 3, “relevant regulations” means—

(a) for England and Wales, the Environmental Permitting (England and Wales) Regulations 2016;

(b) for Scotland, the Landfill (Scotland) Regulations 2003.]

4. Each year by 31 January, the operators of the facilities referred to in paragraphs 1 and 2 shall transmit the register for the previous calendar year to the competent [F3 authority]. The competent [F4 authority] shall annually communicate each transmitted register to the [F5 relevant authority].

[F6 5. In paragraph 4, “relevant authority” means—

(a) for England and offshore installations in the English offshore area, the Secretary of State;

(b) for Scotland and offshore installations in the Scottish offshore area, the Scottish Ministers;

(c) for Wales, the Welsh Ministers;

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.]

Textual Amendments

F1 Words in Art. 14(3) substituted (31.12.2020) by The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 25(2)

F2 Art. 14(3A) inserted (31.12.2020) by The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 25(3)

F3 Word in Art. 14(4) substituted (31.12.2020) by The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 25(4)(a)

F4 Word in Art. 14(4) substituted (31.12.2020) by The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 25(4)(b)(i)

F5 Words in Art. 14(4) substituted (31.12.2020) by The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 25(4)(b)(ii)

F6 Art. 14(5) inserted (31.12.2020) by The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 25(5)