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48. In section 41(1) of the EA 1995(1) (which confers power to make schemes imposing charges), after paragraph (h) insert—
“(k)as a means of recovering costs incurred by it in performing functions conferred by Regulation EU 2017/852 of the European Parliament and of the Council of 17 May 2017 on mercury, and repealing Regulation (EC) No 1102/2008(2), the Agency, the Natural Resources Body for Wales or SEPA may require the payment to it of such charges as may from time to time be prescribed;”.
49. In regulation 3 of the Control of Major Accident Hazards Regulations 2015(3) (which relates to the application of those regulations), omit paragraph (2)(g)(ii).
50. In Schedule 1 to the EO 2002 (which lists purposes for which regulations may be made under Article 4 to that Order), after paragraph 9B insert—
“9C. Without prejudice to paragraph 9, authorising the Department to make schemes for the charging by enforcing authorities of fees or other charges as a means of recovering costs incurred by them in performing functions conferred by Regulation EU 2017/852 of the European Parliament and of the Council on mercury, and repealing Regulation (EC) No 1102/2008.”.
51. The Mercury Export and Data (Enforcement) Regulations 2010(4) are revoked.
1995 c.25. Relevant amending enactments are paragraph 39 of Schedule 4 to the Flood and Water Management Act 2010 (c.29) and S.I. 2007/1711, 2007/3106, 2008/3087, 2009/890, 2011/2911, 2012/2788, 2013/755 and 2013/1821.
OJ No L 137, 24.5.2017, p1.
S.I. 2015/483, to which there are amendments not relevant to these Regulations.
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