(This note is not part of the Regulations)
These Regulations implement Council Directive 2011/97/EU (OJ No L 328, 10.12.11, p 49), which amends Council Directive 1999/31/EC on the landfill of waste (OJ No L 182 16.7.99, p 1) (“the Landfill Directive”) as regards specific criteria for the storage of metallic mercury considered as waste.
Article 5(3)(a) of the Landfill Directive prohibits the storage of liquid waste in landfill. Regulation (EC) No 1102/2008 (OJ No L 304, 14.11.08, p 75) (“the Mercury Regulation”) contains a derogation from that prohibition. These Regulations make provision relating to the use of that derogation.
Regulation 2(2) amends the Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675) to replace the definition of the Landfill Directive so as to take account of that Directive's amendment by Council Directive 2011/97/EU. Regulation 2(3) amends those Regulations to enable the regulator to exercise its functions so as to permit the storage of liquid waste in accordance with the Mercury Regulation and to impose obligations to send copies of environmental permits and safety assessments to the Secretary of State.
Regulation 3 amends the Control of Major Accident Hazards Regulations 1999 (S.I. 1999/743) in relation to England, Wales and Scotland to bring sites used for the storage of metallic mercury pursuant to Article 3(1)(b) of the Mercury Regulation within the scope of application of those Regulations.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.