Florian Schulze

Dear Madam, Sir

In regard of the ongoing implementation of measurements specified by the Mercury-Regulation (EU) 2017/852, I would like to ask for an update about which memberstates have informed the Comission so far about the implementation of the provision on penalties.

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

- A list of which member states have notified the European Commission on the implementation of the provisions on penalties referred to in article 16 of Regulation (EU) 2017/852 of 17 May 2017

- The content of all member states' notifications of the provisions on penalties referred to in article 16 of Regulation (EU) 2017/852 of 17 May 2017

- The content of any communication from the European Commission to member states about the provisions on penalties penalties referred to in article 16 of Regulation (EU) 2017/852 of 17 May 2017

The same question was posed in Januar and August 2018 and replied with the information that 14 of 28 Member states have sent the commission documents outlining the penalties related to the mercury regulation.

Could the information regarding Article 16 of Regulation (EU) 2017/852 be uploaded to the public folder "Mercury Poliy and Regulation" on CIRCABC and updated regularly?

I'm looking forward to receiving your reply.

Yours faithfully,

Florian Schulze

postal address:
European Center for Environmental Medicine
Weserstr. 165
12045 Berlin


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[4]GESTDEM 2021/4884 - Acknowledgement of receipt - access to documents
request - Article 16 of Regulation (EU) 2017/852 - Ares(2021)4964697 
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exclusivement si vous êtes un(e) utilisateur d’Ares)

Dear Sir


Thank you for your email sent 4 May 2021. We hereby acknowledge receipt of
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Yours faithfully,

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GHINEA Marilena, Environment

5 Attachments

Dear Mr. Schulze,

Please find enclosed the answer to your application for access to documents reference number GestDem 2021/4884.

Kind regards,

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Dear GHINEA Marilena,

Thank you very much for your reply.

In the earlier message of September 17, 2018 (Ref. GestDem 2018/4401) with information on Member States that have notified the European Commission of national provisions setting penalties in accordance with Article 16 of Regulation (EU) 2017/852, it was reported that the competent authorities of Croatia, Luxembourg and the Netherlands have informed the European Commission that the relevant draft national provisions were undergoing final procedural requirements in view of adoption.

Have these national provisions been adopted in the meantime and could you possibly forward them to us?

Yours sincerely,

Florian Schulze

GHINEA Marilena, Environment

2 Attachments

Dear Mr Schulze,

I hope this e-mail finds you well. I am getting back to you concerning your follow-up question regarding Article 16 on penalties of Regulation (EU) 2017/852 on Mercury. As you noted, Ref. GestDem 2018/4401 refers to Member States who notified the European Commission that draft national provisions were undergoing final procedural requirements in view of adoption. The Member States concerned were Croatia, Luxembourg and the Netherlands.

Please note that Croatia and the Netherlands have not yet provided the European Commission with their final national provisions concerning Article 16 on penalties. With regard to Luxembourg, please find attached the relevant information provided to the European Commission.

We hope this answers your question and apologise for the small oversight in our previous response.

Kind regards,

Marilena Ghinea
DG.Env C.3 – Clean Air
Tel: +32(0)2 29 85414
e-mail:[email address]

Website: http://ec.europa.eu/environment
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Dear Ms. Ghinea,

Thank you very much for your swift reply.

Yours sincerely,

Florian Schulze

European Center for Environmental Medicine
Weserstr. 165
12045 Berlin
Tel: +49(0)1781812729