The Control of Mercury (Amendment) (EU Exit) Regulations 2020 was debated and approved on 9 December 2020.

This instrument amends Regulation EU 2017/852 of the European Parliament and of the Council on mercury, and repeals Regulation (EC) No 1102/2008 to enable its continued operability as retained EU law under the European Union (Withdrawal) Act 2018, following the end of the transition period. This instrument also operationalises the Northern Ireland Protocol.

The instrument will ensure the UK meets its obligations under the Protocol through the introduction of new procedural requirements for the transport of elemental or commodity mercury from NI to GB and from GB and NI and the introduction of a prohibition on the transport of specified products containing mercury between GB and NI.  Certain types of Mercury Added Products (MAPs) are already prohibited from being imported, exported and manufactured under GB/EU law.

The new procedures which have been introduced for movements of three types of mercury goods are:

  • The movement of mercury-added products from NI to GB and GB to NI will be prohibited.
  • The movement of elemental or commodity mercury from NI to GB and from GB to NI will require written consent. This written consent will be managed through the provision of a list of GB approved uses of mercury.
  • Mercury waste may only be moved from NI to GB for the purposes of disposal.
  • Mercury waste may only be moved from GB to NI for the purposes of disposal.

Mercury has been highly controlled over the past 15 years and many uses of mercury have diminished considerably. 

Information relating to the consent process for movements of mercury between GB and NI will be added shortly.

A list of current uses of mercury in products and manufacturing processes can be found at: EU Inventory

Please check regularly for any updates.

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