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1.The import [F2into Great Britain of mercury and] mixtures of mercury listed in Annex I, including mercury waste from any of the large sources referred to in points (a) to (d) of Article 11, for purposes other than disposal as waste shall be prohibited. Such import for disposal as waste shall only be allowed where the exporting country has no access to available conversion capacity within its own territory.
Without prejudice to Article 11 and by way of derogation from the first subparagraph of this paragraph, the import [F3into Great Britain of mercury and] mixtures of mercury listed in Annex I for a use allowed in [F4Great Britain] shall be allowed where the [F5competent authority] has granted written consent to such import in either of the following circumstances:
(a)the exporting country is a Party to the Convention and the exported mercury is not from primary mercury mining that is prohibited under Article 3(3) and (4) of the Convention; or
(b)the exporting country not being a Party to the Convention has provided certification that the mercury is not from primary mercury mining.
F6...
2.The import [F7into Great Britain] of mixtures of mercury that do not fall under paragraph 1 and of mercury compounds, for the purpose of reclaiming mercury, shall be prohibited.
3.The import [F8into Great Britain] of mercury for use in artisanal and small-scale gold mining and processing shall be prohibited.
4.Where the import [F9into Great Britain] of mercury waste is allowed in accordance with this Article, Regulation (EC) No 1013/2006 shall continue to apply in addition to the requirements of this Regulation.
[F105.Paragraphs 1 to 3, except in so far as they apply to mercury waste, shall apply to the transport of mercury etc. from Northern Ireland into Great Britain, subject to the modifications in paragraphs 6 to 8.
6.Paragraph 1 is to be read as if—
(a)in the first subparagraph—
(i)in the first sentence for “import into Great Britain” there were substituted “transport from Northern Ireland into Great Britain”;
(ii)in the second sentence—
(aa)for “import” there were substituted “transport”;
(bb)for “the exporting country” there were substituted “Northern Ireland”;
(b)in the second subparagraph—
(i)for “import into Great Britain” there were substituted “transport from Northern Ireland into Great Britain”;
(ii)for “such import” there were substituted “such transport”.
7.Paragraph 2 is to be read as if for “import into Great Britain” there were substituted “transport from Northern Ireland into Great Britain”.
8.Paragraph 3 is to be read as if for “import into Great Britain” there were substituted “transport from Northern Ireland into Great Britain”.
9.Paragraphs 1 to 4 shall apply to the transport of mercury etc. from Great Britain into Northern Ireland, subject to the modifications in paragraphs 10 to 12.
10.Paragraph 1 is to be read as if—
(a)in the first subparagraph—
(i)in the first sentence for “import into Great Britain” there were substituted “transport from Great Britain into Northern Ireland”;
(ii)in the second sentence—
(aa)for “import” there were substituted “transport”;
(bb)for “the exporting country” there were substituted “Great Britain”;
(b)in the second subparagraph—
(i)for “import into Great Britain” there were substituted “transport from Great Britain into Northern Ireland”;
(ii)for “such import” there were substituted “such transport.”.
11.Paragraph 2 is to be read as if for “import into Great Britain” there were substituted “transport from Great Britain into Northern Ireland”.
12.Paragraph 3 is to be read as if for “import into Great Britain” there were substituted “transport from Great Britain into Northern Ireland”.]
Textual Amendments
F1Art. 4 heading substituted (31.12.2020) by The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 15(2)
F2Words in Art. 4(1) substituted (31.12.2020) by The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 15(3)(a)
F3Words in Art. 4(1) substituted (31.12.2020) by The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 15(3)(b)(i)
F4Words in Art. 4(1) substituted (31.12.2020) by The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 15(3)(b)(ii)
F5Words in Art. 4(1) substituted (31.12.2020) by The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 15(3)(b)(iii)
F6Words in Art. 4(1) omitted (31.12.2020) by virtue of The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 15(3)(c)
F7Words in Art. 4(2) inserted (31.12.2020) by The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 15(4)
F8Words in Art. 4(3) inserted (31.12.2020) by The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 15(5)
F9Words in Art. 4(4) inserted (31.12.2020) by The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 15(6)
F10Art. 4(5)-(12) inserted (31.12.2020) by The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 15(7)