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. 3) Regulations 2025 (“the No. 3 Regulations”) in relation to Wales.
In light of new and urgent information from the medical technology sector this expedited legislative action is necessary to mitigate imminent disruption to the medical sector, including the NHS Wales having recognised the significant medical applications of Dechlorane Plus and UV-238.
This is an emerging picture, we need to ensure that vital healthcare, medical applications and other sectors are protected by allowing use of relevant chemicals. Therefore, I have to consented to the No. 3 Regulations. These provide for the removal of prohibitions for Dechlorane Plus and UV-328 by amending 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.
The UK-Government have advised that they intend to reintroduce the prohibitions in the short to medium term and remain committed to the Stockholm Convention on Persistent Organic Pollutants. Industry will be informed, by Defra, of our continued commitment to the reintroduction of appropriate prohibitions.
This is not a decision I take lightly however my primary concern is to ensure that the people of Wales do not experience disruption to vital medical provision in Wales.
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 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 to the medical sector.
The No. 3 Regulations were laid and made on 20 May by the Secretary of State in exercise of powers conferred by Articles 15(1) of the POPs Regulations and come into force a day later, on 21 May.