Llyr Gruffydd MS, Cabinet Minister for Rural Resilience and Sustainability
Members of the Senedd will wish to be aware that I have given consent for the Secretary of State for Environment, Food and Rural Affairs exercising a subordinate legislation-making power in a devolved area in relation to Wales.
Under Article 2A(c)(ii) of Regulation (EU) 2019/1021 on persistent organic pollutants (“the POPs Regulations”), the UK Government sought the consent of the Welsh Ministers to make the Persistent Organic Pollutants (Amendment) Regulations 2026 (“the 2026 Regulations”) in relation to Wales.
The 2026 Regulations implement amendments adopted at the 11th and 12th Conferences of the Parties to the Stockholm Convention on Persistent Organic Pollutants. They also update certain existing domestic controls, including concentration limits and derogations relating to PFOS and PBDEs. The relevant Convention amendments are due to take effect internationally for the UK on 16 December 2026 and require corresponding domestic controls to support compliance with the UK’s international obligations.
The 2026 Regulations amend Part A of Annex I to the POPs Regulations by:
- updating concentration limits for existing POPs, including PFOS and PBDEs;
- introducing new entries for chlorpyrifos, Dechlorane Plus, long-chain perfluorocarboxylic acids (LCPFCAs), medium-chain chlorinated paraffins (MCCPs) and UV-328; and
- setting staged concentration thresholds and detailed derogations for specific industrial, aerospace, defence and medical applications.
These changes reflect decisions SC-11/10, SC-11/11, SC-12/9, SC-12/10, SC-12/12 and SC-12/14 adopted under the Stockholm Convention.
The Welsh Government’s general principle is that the law relating to devolved matters should be made and amended in Wales. However, on this occasion, I consider it appropriate for the amendments made by the UK Government to apply in relation to Wales. This will ensure the consistent implementation of international obligations and maintain a consistent GB-wide regulatory approach. Given that the amendments are largely technical in nature and implement agreed changes to the POPs regime, I consider that proceeding through a UK SI is compatible with the Welsh Government’s Principles on UK Legislation in Devolved Areas.
The 2026 Regulations were laid before the UK Parliament on 14 October 2026 and will come into force on 16 December 2026.