Huw Irranca-Davies MS, Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs
Members of the Senedd will wish to be aware I have given consent to the UK Government’s Defra Secretary of State exercising a subordinate legislation-making power in a devolved area in relation to Wales.
In accordance with Article 21(8) of Regulation (EU) 2017/852 on mercury (“the Mercury Regulation”), consent was sought from Baroness Hayman of Ullock to make a Statutory Instrument titled The Control of Mercury (Amendment) Regulations 2025 (“the 2025 Regulations”) in relation to Wales.
The 2025 Regulations amend the Mercury Regulation, which applies to England, Wales, and Scotland. They update Part A of Annex II to align UK law with recent decisions adopted under the Minamata Convention on Mercury (COP-4 and COP-5), thereby reflecting the UK’s international commitments.
The 2025 Regulations introduce new entries and phase-out dates for specific mercury-containing products. These include very high accuracy capacitance and loss measurement bridges, as well as high frequency radio switches and relays used in monitoring and control instruments, with a maximum mercury content of 20 mg per item, except for those used in research and development.
The 2025 Regulations also address compact fluorescent lamps (CFLs) for general lighting purposes, specifying various wattage categories and deadlines for prohibition. Additionally, linear fluorescent lamps (LFLs) and non-linear fluorescent lamps (NFLs) are covered, with particular phosphor types and phase-out deadlines. Further provisions apply to cold cathode fluorescent lamps (CCFLs) and external electrode fluorescent lamps (EEFLs) for electronic displays not previously regulated. The 2025 Regulations extend to strain gauges for use in plethysmographs, melt pressure transducers, transmitters, and sensors (with exceptions for high precision measurement), as well as mercury vacuum pumps, tyre balancers and wheel weights, photographic film and paper, and propellant for satellites and spacecraft.
Each product category is assigned a specific date by which its use is prohibited, mostly between 2025 and 2027.
While the Welsh Government’s general principle is that subordinate legislation in devolved areas should be made by the Welsh Ministers where there is executive competence, in this case it is considered appropriate for the 2025 Regulations to be made by the Secretary of State. I consider it appropriate for the substance of the UK Government amendments to apply to Wales, as timely implementation will ensure compliance with our international obligations under the Minamata Convention on Mercury. Legislating separately for Wales would not be the most effective way to give effect to the necessary changes.
The 2025 Regulations were made on 2 December by the Secretary of State in exercise of powers conferred by Article 21(8) of the Mercury Regulations and come into force on 23 December 2025.