The Mercury Export and Data (Enforcement) Regulations 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations enforce, in the United Kingdom, Regulation (EC) No 1102/2008 of the European Parliament and of the Council on the banning of exports of metallic mercury and certain mercury compounds and mixtures and the safe storage of metallic mercury (OJ No L 304, 14.11.2008, p 75 (“the EU Regulation”)).

Under the EU Regulation there are obligations to send data to a competent authority. Part 2 of these Regulations provides for the competent authority. For the purposes of these Regulations, the competent authority is the Environment Agency (in respect of England and Wales), the Scottish Environment Protection Agency (in respect of Scotland), the Department of Environment (in respect of Northern Ireland) and the Secretary of State (in respect of offshore installations).

Part 3 of these Regulations provides for offences including breach of the obligations of the EU Regulation.

1.

Bans

Export ban of Article 1(1) of the EU Regulation, that from the 15th March 2011, metallic mercury and mixtures of mercury with other substances is banned from being exported. An offence will not be committed if the export is of compounds of mercury for research and development, medical and analysis purposes in accordance with Article 1(2) of the EU Regulation. Mixing ban of Article 1(3) of the EU Regulation, that from 15th March 2011, the mixing of metallic mercury with other substances is banned if for the sole purpose of export of metallic mercury. If an offence is committed under these Regulations in respect of breach of Articles 1(1) or (3), it will not be an offence under regulations 21 to 23 and 24 and 25 of the Transfrontier Shipment of Waste Regulations 2007, S.I. 2007/1711. An offence will not be committed in relation to breach of Article 1(3) under these Regulations if an offence is committed under legislation relating to hazardous or special waste (listed in the definition of “relevant hazardous waste offence” in regulation 5(3)).

2.

Data obligations.

Data obligation of Article 5(3) of the EU Regulation, that by the 1st July 2012, importers, exporters and operators must provide data on mercury entering the EU and traded as waste within the EU. Data obligation of Article 6 of the EU Regulation, that the chlor-alkali industry and the industry sectors that gain mercury from the cleaning of natural gas or as a by-product from non-ferrous mining and smelting operations must provide data (on the amount of mercury in use or gained and on waste mercury) by 31st May in any year. An offence will not be committed under these Regulations if an offence is committed in relation to breach of Articles 5(3) or 6 under legislation relating to permit or licence conditions (listed in the definition of “relevant permitting or licence offence” in regulation 5(4)).

Part 4 of these Regulations provides for enforcement by the competent authorities. The competent authorities have enforcement related powers, including powers of entry, in section 108 of the Environment Act 1995 (England, Scotland and Wales) and in Northern Ireland under article 72 of the Waste and Contaminated Land (Northern Ireland) Order 1997 SI 1997 No 2778 (N.I. 19).

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available on the Defra website (www.defra.gov.uk) and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website (www.opsi.gov.uk).