A place to discuss the characteristics of the cars in Formula One, both current as well as historical. Laptimes, driver worshipping and team chatter do not belong here.
They just look like mini gurney flaps, so they are probably seeing some problems with flow attachment at the two extremities of the rear wing
It looks like theres a small slot gap, and the incidence is similar to the wing section below. These would act more like an additional wing element rather than a gurney.
Teams can use a wing that flips over because the rear wing is no longer required to stay inside the regulation box when it moves between its two positions. There's nothing gray about it.
Merc's flick ups are definitely some kind of gray area. They are either using those parts as rear wing bracing (C3.11.3 ) or rear wing auxiliary components (C3.11.7). It is the loosest possible interpretation of those words. Typically, that stuff is excluded from the requirement to remain inside the regulation box.