Article 1

[^F1 (1)^F1] ^F3,F4The form to be used by [^F2the competent authority^F2] when granting or denying written consent pursuant to the second subparagraph of Article 4(1) of Regulation (EU) 2017/852 is set out in Annex I to this Decision. However, this Article does not apply in the case of ... mercury, or a mixture of mercury, that qualifies as or is considered to be waste within the meaning of Directive 2008/98/EC ....

[^F5 (2) In this Article and in Article 2, “competent authority” and “appropriate authority” have the same meanings as in points (12) and (13) (respectively) of Article 2(1) of Regulation (EU) 2017/852 of the European Parliament and of the Council on mercury, and repealing Regulation (EC) No 1102/2008 .

(3) In this Article and in Article 2, “ Directive 2008/98/EC ” means Directive 2008/98/EC as last amended by Directive (EU) 2018/851 and read in accordance with paragraphs 3 and 4.

(4)Article 5 of Directive 2008/98/EC is to be read as if—

(a) in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

(b)after paragraph 1 there were inserted—

“1A.

Any decision as to whether a substance or object is a by-product must be made—

(a)in accordance with any regulations setting out detailed criteria on the application of the conditions in paragraph 1 to specific substances or objects; and

(b)having regard to any guidance published by the appropriate authority or the competent authority for the purposes of this Article.”;

(c)paragraphs 2 and 3 were omitted.

(5)Article 6 of Directive 2008/98/EC is to be read as if—

(a) in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

(b)after paragraph 1 there were inserted—

“1A.

Any decision as to whether a substance or object has ceased to be waste must be made—

(a)in accordance with any regulations or [^F6assimilated direct^F6] legislation setting out detailed criteria on the application of the conditions in paragraph 1 to specific types of waste; and

(b)having regard to any guidance published by the appropriate authority or the competent authority for the purposes of this Article.”;

(c)in paragraph 2—

(i)the first subparagraph were omitted;

(ii) in the second subparagraph, for “Those detailed criteria” there were substituted “Any detailed criteria set out in guidance as referred to in paragraph 1A”;

(iii)the third and fourth subparagraphs were omitted;

(d)paragraph 3 were omitted;

(e)in paragraph 4—

(i)in the first subparagraph—

(aa) in the first sentence, for the words from the beginning to “Member State”, there were substituted “Where criteria have not been set as referred to in paragraph 1A(a), the competent authority”;

(bb)the second sentence were omitted;

(ii)in the second subparagraph—

(aa) for “Member States” there were substituted “The appropriate authority”;

(bb) “by competent authorities” were omitted. ^F5]

Article 2

^F8[^F7 The competent authority^F7] may grant written consent pursuant to the second subparagraph of Article 4(1) of Regulation (EU) 2017/852 in the circumstances set out in point (b) of that subparagraph only if the certification required by that point is in the form set out in Annex II to this Decision. However, this Article does not apply in the case of ... mercury, or a mixture of mercury, that qualifies as or is considered to be waste within the meaning of Directive 2008/98/EC.

^F9Article 3

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^F10Article 4

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ANNEX I FORM FOR GRANTING OR DENYING WRITTEN CONSENT, PURSUANT TO ARTICLE 4(1) OF REGULATION (EU) 2017/852, TO THE IMPORT [^F11ETC.^F11] OF MERCURY OR OF THE MIXTURES OF MERCURY LISTED IN ANNEX I TO THAT REGULATION

FORM FOR GRANTING OR DENYING WRITTEN CONSENT, PURSUANT TO ARTICLE 4(1) OF REGULATION (EU) 2017/852 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL ON MERCURY, TO THE IMPORT [^F12ETC.^F12] OF MERCURY OR OF THE MIXTURES OF MERCURY LISTED IN ANNEX I TO THAT REGULATION

[^F13 Note: This form applies to the import into Great Britain of mercury and of mixtures of mercury with other substances, including alloys of mercury, with a mercury concentration of at least 95% by weight, as listed in Annex I to Regulation (EU) 2017/852 on mercury (‘mixtures of mercury’). This form also applies to the transport of such mercury and mixtures from Northern Ireland into Great Britain and from Great Britain into Northern Ireland. This form does not apply in the case of mercury, or a mixture of mercury, that qualifies as or is considered to be waste within the meaning of Directive 2008/98/EC on waste ^M1 . ^F13]

^F14...

[^F15Section A^F15] : Contact information to be provided by the exporting country

Name of designated national focal point or responsible government official:

Address:

Tel.:

Fax:

Email:

[^F16Section B^F16] : Shipment information to be provided by the exporting country

[^F17Section C^F17] : Information to be provided by the [^F18competent authority^F18]

What is the purpose of the import of the mercury whether in pure form or in mixtures? Please circle:

[^F20Section D^F20] : Shipping information

Importer

Name of business:

Address:

Tel.:

Fax:

Email:

Exporter

Name of business:

Address:

Tel.:

Fax:

Email:

[^F21Section E^F21] : Indication of consent by the [^F22competent authority^F22]

Nature of consent, please circle:

Please use the space below to indicate any conditions, additional details or relevant information.

…

…

^F23...

ANNEX II FORM TO BE USED BY COUNTRIES THAT ARE NOT PARTIES TO THE MINAMATA CONVENTION ON MERCURY INTENDING TO EXPORT MERCURY, WHETHER IN PURE FORM OR IN MIXTURES, TO [^F24GREAT BRITAIN^F24] FOR THE PROVISION OF CERTIFICATION ON THE SOURCE OF MERCURY

FORM FOR CERTIFICATION OF THE SOURCE OF MERCURY, WHETHER IN PURE FORM OR IN MIXTURES, TO BE EXPORTED

Section A: Shipment information to be provided by the exporting country

Section B: Shipping information

Importer

Name of business:

Address:

Tel.:

Fax:

Email:

Exporter

Name of business:

Address:

Tel.:

Fax:

Email:

Section C: Certification

In accordance with Article 3(8) of the Minamata Convention on Mercury, my Government certify that the mercury included in the shipment described in this form is not from primary mercury mining

Please, provide supporting information on the source of the mercury to be exported

Signature of responsible government official and date:

• Name

• Title:

• Signature

• Date: