The Persistent Organic Pollutants (Amendment) (No. 2) Regulations 2025
These regulations amend the UK's implementation of the EU's Persistent Organic Pollutants (POPs) Regulation (EU) 2019/1021.
Specifically, they modify the permitted uses of Dechlorane Plus and UV-328, allowing their continued use in certain applications, such as aerospace, defense, and medical devices, until specific dates in 2030 and 2044.
The amendments also clarify permitted use for replacement parts and repairs within those applications.
The regulations ensure consistency with previous UK legislation (S.I. 2025/296).
Arguments For
Intended benefits: Aligning UK law with EU regulations on persistent organic pollutants, providing clarity and legal certainty for businesses using Dechlorane Plus and UV-328.
Evidence cited: References Regulation (EU) 2019/1021 and previous UK legislation (S.I. 2025/296) demonstrating the legal basis for these amendments.
Implementation methods: Direct amendment of Annex 1 to Regulation (EU) 2019/1021, specifying exceptions for the use of Dechlorane Plus and UV-328 in specific applications.
Legal/historical basis: The regulations are made under the powers conferred by Articles 15(1) and 18(1) of Regulation (EU) 2019/1021, demonstrating adherence to existing EU and UK legislation.
Arguments Against
Potential impacts: The continued use of Dechlorane Plus and UV-328, albeit with restrictions, could still pose environmental risks, potentially delaying the complete phase-out of these persistent organic pollutants.
Implementation challenges: Ensuring compliance with the specific exceptions outlined in the regulations may be challenging, requiring robust monitoring and enforcement mechanisms.
Alternative approaches: A more stringent approach to phasing out Dechlorane Plus and UV-328 could have been considered, potentially through earlier deadlines; although this could have affected various key supply chains.
Unintended effects: These amendments could unintentionally incentivize the continued production and use of the substances in the specified applications, potentially hindering the development of safer alternatives.
- Citation, commencement and extent (1) These Regulations may be cited as the Persistent Organic Pollutants (Amendment) (No. 2) Regulations 2025. (2) These Regulations come into force immediately after the Persistent Organic Pollutants (Amendment) Regulations 2025 come into force. (3) These Regulations extend to England and Wales and Scotland.
This section establishes the title, effective date, and geographical scope of the regulations.
The regulations are titled "Persistent Organic Pollutants (Amendment) (No. 2) Regulations 2025" and will enter into force after a preceding amendment from 2025.
They apply to England, Wales, and Scotland.
- Amendments to Regulation (EU) 2019/1021 (1) The table in Part A of Annex 1 (Substances listed in the Convention and in the Protocol as well as substances listed only in the Convention) of Regulation (EU) 2019/1021 of the European Parliament and of the Council on persistent organic pollutants (recast) is amended as follows. (2) In the entry for Dechlorane Plus, in the fourth column, for point 2 substitute— “2. The placing on the market and use of Dechlorane Plus are allowed for the following purposes— (a) aerospace applications, until 26 February 2030; (b) space and defence applications, until 26 February 2030; (c) medical imaging and radiotherapy devices and installations, until 26 February 2030; (d) replacement parts for, and repair of, articles in the following applications, where Dechlorane Plus was originally used in the manufacture of the article— (i) aerospace; (ii) space; (iii) defence; (iv) land-based motor vehicles; (v) stationary industrial machines for use in agriculture, forestry or construction; (vi) marine, garden, forestry and outdoor power equipment; (vii) instruments for analysis, measurements, control, monitoring, testing, production or inspection, until the earlier of— (aa) the end of the service life of the article, or (bb) 31 December 2044; (e) replacement parts for, and repair of, articles in the following applications, where Dechlorane Plus was originally used in the manufacture of the article— (i) medical devices; (ii) in-vitro diagnostic devices, until the end of the service life of the article.”. (3) In the entry for UV-328, in the fourth column, for point 2 substitute— “2. The manufacturing, placing on the market and use of UV-328 are allowed for the following purposes— (a) land-based motor vehicles, until 26 February 2030; (b) industrial coating applications for engineering machines and rail transportation vehicles, and heavy-duty coatings for large steel structures, until 26 February 2030; (c) mechanical separators in blood collection tubes, until 26 February 2030; (d) triacetyl cellulose (TAC) film in polarisers, until 26 February 2030; (e) photographic paper, until 26 February 2030; (f) aerospace and defence applications, until 26 February 2030; (g) replacement parts for articles in the following applications, where UV-328 was originally used in the manufacture of the article— (i) land-based motor vehicles; (ii) stationary industrial machines for use in agriculture, forestry or construction; (iii) liquid crystal displays in instruments for analysis, measurements, control, monitoring, testing, production or inspection, other than for medical purposes, until the earlier of— (aa) the end of the service life of the article, or (bb) 31 December 2044; (h) replacement parts for, and repair of, articles in aerospace and defence applications, where UV-328 was originally used in the manufacture of the article, until the earlier of— (i) the end of the service life of the article, or (ii) 31 December 2044.
- The placing on the market and use of UV-328 are allowed for replacement parts for articles in the following applications for medical purposes, where UV-328 was originally used in the manufacture of the article— (i) liquid crystal displays in medical and in-vitro diagnostic devices; (ii) liquid crystal displays in instruments for analysis, measurements, control, monitoring, testing, production or inspection, until the end of the service life of the article.”.
This section details amendments to Annex 1 of Regulation (EU) 2019/1021, specifically regarding Dechlorane Plus and UV-328.
The amendments modify the allowed uses of these substances, providing exceptions for use in specific applications until 2030 or 2044.
The exceptions cover various sectors, including aerospace, defense, medical, and automotive. Usage is also permitted for replacement parts and repairs in these applications until the end of the item's service life or 31 December 2044, whichever comes first.