(1)

Article 11 of Regulation (EU) 2017/852 establishes that mercury and mercury compounds, whether in pure form or in mixtures and originating from four large sources specified in that Article are to be considered as waste within the meaning of Directive 2008/98/EC of the European Parliament and of the Council (2), which are destined for final disposal.

(2)

Article 13(3) of Regulation (EU) 2017/852 requires that mercury waste, including waste produced by the four concerned large sources, is to undergo, prior to final disposal, specific treatment operations, i.e. conversion and, where intended to be permanently disposed of in above-ground facilities, conversion and solidification.

(3)

Article 13(1) of Regulation (EU) 2017/852 allows, by way of derogation from Article 5(3), point (a), of Council Directive 1999/31/EC (3), that mercury waste in liquid form pending conversion and solidification is temporarily stored in dedicated and equipped landfills until 31 December 2022, in accordance with the requirements on environmental and human health protection set out in Directive 1999/31/EC.

(4)

Information reported by Member States in May 2022 indicated that over 2 000 tonnes of liquid mercury waste remained in temporary storage in the Union and that the conversion and solidification of that waste required more time. The extension of the period allowed for such a storage until 31 December 2025 is considered necessary to ensure that the temporary storage in landfills continues to take place in accordance with the applicable requirements set out in Directive 1999/31/EC.

(5)

Regulation (EU) 2017/852 should therefore be amended accordingly,