The Control of Mercury (Amendment) (EU Exit) Regulations 2019

Amendments to Article 8

12.—(1) Article 8 is amended as follows.

(2) In paragraph 1—

(a) in the first subparagraph—

(i) for “by means of a decision taken pursuant to” substitute “in accordance with”;

(ii) for “Directive 2011/65/EU of the European Parliament and of the Council” substitute “the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012(1)”;

(b) in the second subparagraph, in point (a), for “Member States” substitute “the United Kingdom”.

(3) In paragraph 2, for “by means of a decision taken pursuant to” substitute “in accordance with”.

(4) In paragraph 3, in the first sentence—

(a) for “a decision” substitute “regulations”;

(b) for “the competent authorities of the Member State concerned” substitute “one of the competent authorities”.

(5) For paragraph 4 substitute—

“4.   The competent authority concerned shall forward to the Secretary of State, the Department of Agriculture, Environment and Rural Affairs in Northern Ireland (except where that Department is the competent authority forwarding the notification), the Scottish Ministers and the Welsh Ministers the notification received from the economic operator if the competent authority considers on the basis of its own assessment of the information provided that the condition in the second subparagraph of paragraph 6 is fulfilled.

The competent authority concerned shall inform the Secretary of State, the Department of Agriculture, Environment and Rural Affairs in Northern Ireland (except where that Department is the competent authority forwarding the notification), the Scottish Ministers and the Welsh Ministers of cases in which it considers that the condition in the second subparagraph of paragraph 6 is not fulfilled.”;

(a) in the second subparagraph—

(i) for “Member State” substitute “competent authority”;

(ii) for “Commission” substitute “Secretary of State, the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, the Scottish Ministers and the Welsh Ministers”;

(iii) for “it” substitute “the competent authority”.

(6) Omit paragraph 5.

(7) Omit paragraph 7.

(1)

S.I. 2012/3032.