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(This note is not part of the Regulations)
These Regulations further transpose Council Directive 1999/31/EC on the landfill of waste (OJ No L 182 16.7.99, p.1) (“the Landfill Directive”), as amended by Council Directive 2011/97/EU (OJ No L 328, 10.12.11, p.49) as regards specific criteria for the storage of metallic mercury considered as waste (“the Waste Mercury Directive”).
Article 5(3)(a) of the Landfill Directive prohibits the storage of liquid waste in landfill. Regulation (EC) No 1102/2008 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, 14.11.08, p.75) (“the Mercury Regulation”) contains a derogation from that prohibition, and these Regulations make provision relating to the use of that derogation.
The Mercury Regulation is also implemented as regards Scotland by regulation 3 of the Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2013 (S.I. 2013/766), which amends the Control of Major Accident Hazards Regulations 1999 (S.I. 1999/743) (“the COMAH Regulations”) 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 the COMAH Regulations.
A business and regulatory impact assessment has not been produced for this instrument as it has no impact on the private, voluntary or public sectors.
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Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
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