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.
Pursuant to Article 2A(c)(ii) of Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on Persistent Organic Pollutants (recast) ("the POPs Regulations”) agreement was sought by The Baroness Hayman of Ullock to make a Statutory Instrument titled The Persistent Organic Pollutants (Amendment) (No. 2) Regulations 2025 (“the No. 2 Regulations”) in relation to Wales.
The No. 2 Regulations 2025 amend the table in Part A of Annex I (substances listed in the Convention and in the Protocol as well as substances listed only in the Convention) to the POPs Regulations for Dechlorane Plus and UV-328.
Dechlorane Plus is used as an additive flame retardant in various products spanning multiple sectors. The No. 2 Regulations provide limited exemptions for the use of Dechlorane Plus in various applications: aerospace, space, defence, medical imaging and radiotherapy devices and installations, until 26 February 2030. They also provide for its use in replacement parts and repair for the above if originally manufactured with Dechlorane Plus - until 2044. Additionally, the use of Dechlorane Plus for replacement part for, and repair of medical devices, in-vitro diagnostic devices where it was used in the original manufacture under the No, 2 Regulations is permitted until the end of the service life of the article.
UV-328 is used as a UV-inhibitor plastics (prevents plastics from degrading over time in sunlight), again spanning multiple sectors of use. These regulations provide limited exemptions for the manufacture, placing on the market, and use of UV-328 in parts of land-based aerospace applications, defence applications, parts for land-based motor vehicles, industrial coating applications, mechanical separators in blood collection tubes, Triacetayl cellulose film in polarizing filters, and photographic paper until 26 February 2030. Exemptions for replacement parts and repair of articles originally manufactured with UV-328 including articles for application for medical purposes, instruments for analysis, measurements, control, monitoring. Testing production and inspections (until no later than 2041), and replacement parts for, and repair of, articles in aerospace and defence applications where originally used in the manufacture - until 2044.
The Welsh Government’s general principle is the law relating to devolved matters should be made and amended in Wales. However, on this occasion, I consider it appropriate for the substance of the amendments to apply to Wales. I consider legislating separately for Wales would be neither the most appropriate way to give effect to the necessary changes, nor a prudent use of Welsh Government resources. Timely implementation will prevent production and supply disruptions in Aerospace, Defence, Medical and Automotive Sectors.
The No. 2 Regulations were laid and made on 11 March by the Secretary of State in exercise of powers conferred by Articles 15(1) and 18(1) of the POPs Regulations and come into force 21 days later, on 1 April.