The Mercury Export and Data (Enforcement) Regulations 2010

Offences in respect of the EU Regulation

5.—(1) It is an offence to contravene or fail to comply with any requirement of the following Articles of the EU Regulation—

(a) Article 1(1) (prohibition on export of mercury from the EU not excepted by Article 1(2) (exports of mercury compounds for research and development, medical or analysis purposes));

(b) Article 1(3) (prohibition on mixing of mercury with other substances for the sole purpose of export);

(c) Article 5(3) (obligation on importers, exporters and operators to provide data); or

(d) Article 6 (obligation on chlor-alkali industry and operators to provide data), in respect of the obligation to provide data by 31st May in any year.

(2) An offence will not be committed under —

(a) paragraph (1)(b) if, in respect of the prohibition on mixing in Article 1(3), an offence is committed in respect of a relevant hazardous waste offence; or

(b) paragraph (1)(c) or (d) if, in respect of the obligation in Article 5(3) or 6, a relevant permitting or licence offence is committed.

(3) In paragraph (2)(a), “relevant hazardous waste offence” means—

(a) in England, an offence under regulation 65(a) of the Hazardous Waste (England and Wales) Regulations 2005(1) in respect of a breach of regulation 19 of those Regulations;

(b) in Wales, an offence under regulation 65(a) of the Hazardous Waste (Wales) Regulations 2005(2) in respect of a breach of regulation 19 of those Regulations;

(c) in Scotland, an offence under regulation 18 of the Special Waste Regulations 1996(3) in respect of a breach of regulation 17 of those Regulations;

(d) in Northern Ireland, an offence under regulation 43(1) of the Hazardous Waste Regulations (Northern Ireland) 2005(4) in respect of a breach of regulation 19 of those Regulations.

(4) In paragraph (2)(b), “relevant permitting or licence offence” means—

(a) in England and Wales, an offence under any of the following paragraphs of regulation 38 of the Environmental Permitting (England and Wales) Regulations 2007(5)—

(i) paragraph (1)(b);

(ii) paragraph (1)(e);

(iii) paragraph (1)(f);

(iv) paragraph (1)(g);

(b) in Scotland, an offence under—

(i) any of the following provisions of the Environmental Protection Act 1990(6)—

(aa) section 33(6)(7);

(bb) section 35(7B)(8);

(cc) section 44(1)(9);

(dd) section 44(2)(10);

(ii) any of the following paragraphs of regulation 30 of the Pollution Prevention and Control (Scotland) Regulations 2000(11)—

(aa) paragraph (1)(b);

(bb) paragraph (1)(f);

(cc) paragraph (1)(g);

(dd) paragraph (1)(h);

(c) in Northern Ireland, an offence under—

(i) any of the following provisions of the Waste and Contaminated Land (Northern Ireland) Order 1997(12)—

(aa) article 4(6);

(bb) article 6(7)(a) or (b);

(cc) article 18(1);

(dd) article 18(2);

(ii) any of the following paragraphs of regulation 33 of the Pollution Prevention and Control Regulations (Northern Ireland) 2003(13)—

(aa) paragraph (1)(b);

(bb) paragraph (1)(h);

(cc) paragraph (1)(i);

(dd) paragraph (1)(j).

(1)

S.I. 2005/894, amended by S.I. 2007/3476; there are other amending instruments but none is relevant.

(2)

S.I. 2005/1806 (W. 138), to which there are amendments not relevant to these Regulations.

(3)

S.I. 1996/972, amended by S.I. 2005/894 in relation to England and S.I. 2005/1806 in relation to Wales; there are other amending instruments but none is relevant.

(4)

S.R. (NI) 2005 No 300, amended by S.R. (NI) 2005 No 461; there are other amending instruments but none is relevant.

(5)

S.I. 2007/3538, to which there are amendments not relevant to these Regulations.

(6)

1990 c. 43.

(7)

Section 33(6) of the 1990 Act was repealed in respect of the offence of contravention of a waste management licence as regards England and Wales by regulations 73 and 74(2) of, and Schedule 21, Part 1, paragraphs 2, 4(1) and (5), and Schedule 23 to, S.I. 2007/3538.

(8)

Section 35(7B) of the 1990 Act was inserted by the Environment Act 1995, section 120, Schedule 22, paragraph 66. Section 35 of the 1990 Act was repealed in relation to England and Wales by regulations 73 and 74(2) of, and Schedule 21, Part 1, paragraphs 2, 10 and Schedule 23 to, S.I. 2007/3538.

(9)

Section 44 of the 1990 Act was substituted by the Environment Act 1995, section 112, Schedule 19, paragraph 4(1). Section 44(1) was partially repealed as regards England and Wales by regulations 73 and 74(2) of, and Schedule 21, Part 1, paragraphs 2, 11, and Schedule 23 to, S.I. 2007/3538.

(10)

Section 44 of the 1990 Act was substituted by the Environment Act 1995, section 112, Schedule 19, paragraph 4(1). Section 44((2) was partially repealed as regards England and Wales by regulations 73 and 74(2) of, and Schedule 21, Part 1, paragraphs 2, 11, and Schedule 23 to, S.I. 2007/3538.

(11)

S.S.I. 2000/323, amended by S.S.I. 2003/235; there are other amending instruments but none is relevant.

(12)

S.I. 1997/2778 (N.I.19) to which there are amendments not relevant to these Regulations.

(13)

S.R. (NI) 2003 No 46, amended by S.R. (NI) 2003 No 496; there are other amending instruments but none is relevant .