Penalties
Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall, by the respective dates of application of the relevant provisions of this Regulation, notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
Competent authorities
Member States shall designate the competent authorities responsible for carrying out obligations arising from this Regulation.
Report
1. By 1 January 2020 and at appropriate intervals thereafter, Member States shall prepare, provide to the Commission and make publicly available on the internet a report with the following:
(a)
information concerning the implementation of this Regulation;
(b)
information needed for the fulfilment by the Union of its reporting obligation under Article 21 of the Convention;
(c)
a summary of the information gathered in accordance with Article 12 of this Regulation;
(d)
information regarding mercury located in their territories:
(i)
a list of sites where stocks of more than 50 metric tonnes of mercury other than mercury waste are located as well as the amount of mercury at each site;
(ii)
a list of sites where more than 50 metric tonnes of mercury waste is accumulated as well as the amount of mercury waste at each site; and
(e)
a list of sources supplying more than 10 metric tonnes of mercury per year, where Member States are made aware of such sources.
Member States may decide not to make any of the information referred to in the first subparagraph publicly available on any of the grounds mentioned in Article 4(1) and (2) of Directive 2003/4/EC of the European Parliament and of the Council ( 17 ) , subject to the second subparagraph of Article 4(2) of that Directive.
2. For the purposes of the report referred to in paragraph 1, the Commission shall make an electronic reporting tool available to the Member States.
The Commission shall adopt implementing acts to establish appropriate questionnaires in order to specify the content, the information and the key performance indicators needed to meet the requirements under paragraph 1 as well as the format and the frequency of the report referred to in paragraph 1. Those questionnaires shall not duplicate reporting obligations of the Parties to the Convention. The implementing acts referred to in this paragraph shall be adopted in accordance with the examination procedure referred to in Article 22(2).
3. The Member States shall, without delay, make available to the Commission reports they provide to the Secretariat of the Convention.
Review
1. By 30 June 2020, the Commission shall report to the European Parliament and to the Council on the outcome of its assessment regarding:
(a)
the need for the Union to regulate emissions of mercury and mercury compounds from crematoria;
(b)
the feasibility of a phase out of the use of dental amalgam in the long term, and preferably by 2030, taking into account the national plans referred to in Article 10(3) and whilst fully respecting Member States' competence for the organisation and delivery of health services and medical care; and
(c)
the environmental benefits and the feasibility of a further alignment of Annex II with relevant Union legislation regulating the placing on the market of mercury-added products.
2. By 31 December 2024, the Commission shall report to the European Parliament and to the Council on the implementation and the review of this Regulation, inter alia, in the light of the effectiveness evaluation undertaken by the Conference of the Parties to the Convention and of the reports provided by the Member States in accordance with Article 18 of this Regulation and Article 21 of the Convention.
3. The Commission shall, if appropriate, present a legislative proposal together with its reports referred to in paragraphs 1 and 2.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
