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The Control of Mercury (Enforcement) Regulations 2017

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Regulation 3

SCHEDULE 1U.K.Laws relating to mercury

This schedule has no associated Explanatory Memorandum

1.  The provisions of the Mercury Regulation are—U.K.

ProvisionSubject matter
Article 3(1)Prohibits the export of mercury
Article 3(2)Prohibits the export of listed mercury compounds
Article 3(4)Prohibits the export of mercury compounds not listed under Article 3(2) for the purposes of reclaiming mercury)
Article 4(1)Prohibits the import of mercury and listed mixtures of mercury including mercury waste for purposes other than disposal as waste
Article 4(2)Prohibits the import of other mixtures of mercury and mercury compounds for purposes of reclaiming mercury
Article 4(3)Prohibits the import of mercury for use in artisanal and small-scale gold mining and processing
[F1Article 4(5) Applies the prohibitions in Article 4(1) to (3) to the transport of mercury etc., except mercury waste, from Northern Ireland into Great Britain, subject to modifications]
[F1Article 4(9) Applies the prohibitions in Article 4(1) to (4) to the transport of mercury etc. from Great Britain into Northern Ireland, subject to modifications]
Article 5(1)Prohibits the export, import and manufacturing of listed mercury-added products
[F2Article 5(3) Applies the prohibition in Article 5(1) and (2) to the transport of mercury-added products from Northern Ireland into Great Britain, and from Great Britain into Northern Ireland, subject to a modification]
Article 7(1)Prohibits the use of mercury compounds in listed manufacturing processes
Article 7(2)Makes the use of mercury compounds in other listed manufacturing processes subject to certain requirements
Article 8(1)Prohibits manufacturing new mercury-added products or placing them on the market
Article 8(2)Prohibits new manufacturing processes involving the use of mercury or mercury compounds
Article 9(1)Prohibits the use of mercury in artisanal and small-scale gold mining
Article 10(4)Requires the operators of certain dental facilities to have amalgam separators
Article 10(6) first subparagraph (but see paragraph 2 of this Schedule which contains the definition of “authorised waste management establishment”)Requires dental practitioners to ensure that amalgam waste is handled and collected by authorised waste management establishment
Article 10(6) second subparagraphRequires dental practitioners not to release amalgam waste into the environment under any circumstances
Article 12(1)Requires operators in listed industries to report on large sources of mercury
Article 13(3) first subparagraphRequires operators to convert mercury before its permanent disposal
Article 13(3) second subparagraphRequires operators to use one of a list of facilities to permanently dispose of mercury
Article 13(3) third subparagraphRequires operators of permanent storage facilities to store converted mercury separately
Article 14(1) first subparagraphRequires operators of facilities for the temporary storage of mercury to establish a register
Article 14(1) second subparagraphRequires operators of facilities for the temporary storage of mercury to issue a certificate for mercury waste leaving temporary storage
Article 14(1) third subparagraphRequires operators of facilities for the temporary storage of mercury to transmit the certificate about mercury waste leaving temporary storage
Article 14(2) first subparagraphRequires operators of facilities for the conversion of mercury to establish a register
Article 14(2) second subparagraphRequires operators of facilities for the conversion of mercury to issue a certificate for mercury waste after the conversion
Article 14(2) third subparagraphRequires operators of facilities for the conversion of mercury to transmit the certificate about conversion
Article 14(3) first subparagraphRequires operators of facilities for the permanent storage of converted mercury to issue a certificate relating to its permanent disposal
Article 14(3) second subparagraphRequires operators of facilities for the permanent storage of converted mercury to transmit the certificate about the mercury's permanent disposal

2.  The reference to an authorised waste management establishment in the first subparagraph of Article 10(6) of the Mercury Regulation is—U.K.

(a)in England and Wales, a reference to a person (or authority) listed in section 34(3) of the Environmental Protection Act 1990 (as it applies to England and Wales);

(b)in Scotland, a reference to a person (or authority) listed in section 34(3) of the Environmental Protection Act 1990 (as it applies to Scotland).

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