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The Persistent Organic Pollutants (Amendment) Regulations 2026

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2026, ISBN 9780348287745

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under Article 18(4) of Regulation (EU) 2019/1021 of the European Parliament and of the Council on persistent organic pollutants (recast), for approval by resolution of each House of Parliament.

ENVIRONMENTAL PROTECTION

Made

Coming into force 16th December 2026

The Secretary of State makes these Regulations in exercise of the powers conferred by Article 15(1) of Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants (recast) (“the POPs Regulation”)f1.

The Scottish Ministers and the Welsh Ministers have consented to the Secretary of State making these Regulations, in accordance with Article 2A of the POPs Regulation.

In accordance with Article 18(4) of the POPs Regulation, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

EUR 2019/1021; relevant amending instruments are S.I. 2020/1358, S.I. 2022/1293, 2023/729, 1217, 2025/296, 297 and 605.

Contents

  1. 1Citation, commencement and extent
  2. 2Amendments to Regulation (EU) 2019/1021
  3. 3Amendments to Part A of Annex 1
  4. Signature
  5. Explanatory note

1Citation, commencement and extent

(1)

These Regulations may be cited as the Persistent Organic Pollutants (Amendment) Regulations 2026 and come into force on 16th December 2026.

(2)

These Regulations extend to England and Wales and Scotland.

2Amendments to Regulation (EU) 2019/1021

Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants (recast) is amended in accordance with regulation 3.

3Amendments to Part A of Annex 1

(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) is amended as follows.

(2)

In each of the entries for “Tetrabromodiphenyl ether”, “Pentabromodiphenyl ether”, “Hexabromodiphenyl ether”, “Heptabromodiphenyl ether” and “Bis(pentabromophenyl) ether (decabromodiphenyl ether; decaBDE)”, in the fourth column, for point 2, substitute—

  1. 2.

    “For the purposes of the entries on tetra-, penta-, hexa-, hepta- and decaBDE, Article 4(1)(b) applies where the sum of the concentrations of those substances is equal to or below—

    1. (a)

      10 mg/kg where they are present in mixtures or articles;

    2. (b)

      by way of derogation from paragraph (a)—

      1. (i)

        350 mg/kg until 29 December 2027 and 200 mg/kg as from 30 December 2027, where they are present in mixtures or articles containing or made of recovered material containing tetra-, penta-, hexa-, hepta- or decaBDE;

      2. (ii)

        350 mg/kg until 16 May 2027 and 10 mg/kg as from 17 May 2027, where they are present in toys subject to the Toys (Safety) Regulations 2011f1 or in any product facilitating children’s seating, sleep, relaxation, hygiene, changing and general body care, feeding, sucking, transportation and protection, containing or made of recovered material containing tetra-, penta-, hexa-, hepta- or decaBDE;

    except for food contact materials subject to Regulation (EC) No 1935/2004 of the European Parliament and of the Councilf2.”.

(3)

In the entry for “Perfluorooctane sulfonic acid and its derivatives (PFOS)”, in the fourth column—

(a)

for point 1, substitute—

  1. 1.

    “For the purposes of this entry, Article 4(1)(b) applies where the sum of the concentrations of PFOS and any of its salts present in a substance, mixture or article is equal to or below 0.025 mg/kg (0.0000025% by weight).”;

(b)

for point 2, substitute—

  1. 2.

    “For the purposes of this entry, Article 4(1)(b) applies where the sum of the concentrations of PFOS-related compounds present in a substance, mixture or article is equal to or below 1 mg/kg (0.0001% by weight).”;

(c)

omit point 5.

(4)

At the end of the table, insert the following new rows—

“

Chlorpyrifos2921-88-2220-864-4
  1. 1.

    For the purposes of this entry, Article 4(1)(b) applies where the concentration of Chlorpyrifos present in a substance, mixture or article is equal to or below 0.01 mg/kg (0.000001% by weight).

  • Dechlorane Plus

  • ‘Dechlorane Plus’ includes its syn-isomer and anti-isomer.

13560-89-9; 135821-03-3; 135821-74-8236-948-9
  1. 1.

    For the purposes of this entry, Article 4(1)(b) applies where the concentration of Dechlorane Plus present in a substance, mixture or article is equal to or below—

    1. (a)

      1,000 mg/kg (0.1% by weight) until 15 April 2028;

    2. (b)

      1 mg/kg (0.0001% by weight) as from 16 April 2028.

  2. 2.

    By way of derogation, the placing on the market and use of Dechlorane Plus are allowed for the following applications—

    1. (a)

      aerospace, until 26 February 2030;

    2. (b)

      space and defence, until 26 February 2030;

    3. (c)

      medical imaging and radiotherapy devices and installations, until 26 February 2030;

    4. (d)

      replacement parts for, and repair of, articles in the following applications, where Dechlorane Plus was originally used in the manufacture of the article—

      1. (i)

        aerospace;

      2. (ii)

        space;

      3. (iii)

        defence;

      4. (iv)

        land-based motor vehicles;

      5. (v)

        stationary industrial machines for use in agriculture, forestry or construction;

      6. (vi)

        marine, garden, forestry, and outdoor power equipment;

      7. (vii)

        instruments for analysis, measurements, control, monitoring, testing, production, or inspection;

      until the earlier of—

      1. (aa)

        the end of the service life of the article, or

      2. (bb)

        31 December 2044;

    5. (e)

      replacement parts for, and repair of, articles in the following applications, where Dechlorane Plus was originally used in the manufacture of the article—

      1. (i)

        medical devices and accessories for medical devices;

      2. (ii)

        in-vitro diagnostic devices and accessories for in-vitro diagnostic devices;

      within the scope of the Medical Devices Regulations 2002f3 until the end of the service life of the article.

Long-chain perfluorocarboxylic acids (LC-PFCAs), their salts and LC-PFCA-related compounds.

  1. (i)

    Long-chain perfluorocarboxylic acids and their salts, for the purposes of these Regulations, are a homologous series of substances with the molecular formula CnF2n+ 1COOH (where 8 ≤ n ≤ 20) and their salts;

  2. (ii)

    LC-PFCA-related compounds, for the purposes of these Regulations, are any substance that is a precursor and may transform to LC-PFCAs, where the perfluorinated alkyl moiety has the formula CnF2n+1 (where 8 ≤ n ≤ 20) and is directly bonded to any chemical moiety other than a fluorine, chlorine or bromine atom;

  3. (iii)

    The following compounds are not included as LC-PFCAs, their salts and LC-PFCA-related compounds: perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds, as listed in this table.

375-95-1; 335-76-2; 2058-94-8; 307-55-1; 72629-94-8; 376-06-7; 141074-63-7; 67905-19-5; 57475-95-3; 16517-11-6; 133921-38-7; 68310-12-3 and others.206-801-3; 206-400-3; 218-165-4; 206-203-2; 276-745-2; 206-803-4; 267-638-1; 240-582-5; 269-701-9 and others.
  1. 1.

    For the purposes of this entry, Article 4(1)(b) applies where the sum of the concentrations of LC-PFCAs and any of their salts present in a substance, mixture or article is equal to or below 0.025 mg/kg (0.0000025% by weight).

  2. 2.

    For the purposes of this entry, Article 4(1)(b) applies where the sum of the concentrations of LC-PFCA-related compounds present in a substance, mixture or article is equal to or below 0.26 mg/kg (0.000026% by weight).

  3. 3.

    By way of derogation from paragraphs 1 and 2, for the purposes of this entry, Article 4(1)(b) applies to the sum of concentrations of LC-PFCAs, their salts and related compounds equal to or below 10 mg/kg (0.001% by weight) where they are present in a substance to be used as a transported isolated intermediate within the meaning of Article 3, point 15 (c) of Regulation (EC) No 1907/2006f4 and fulfilling the strictly controlled conditions set out in Article 18(4), first subparagraph, points (a) to (f), of that Regulation for the production of fluorochemicals with a perfluoro carbon chain equal to or shorter than 6 atoms.

  4. 4.

    By way of derogation from paragraph 1, for the purposes of this entry, Article 4(1)(b) applies to the sum of concentrations of the following LC-PFCAs where they are present in fluoropolymers—

    1. (a)

      for C9-14, a sum equal to or below 0.1 mg/kg (0.00001% by weight), until 16 December 2030;

    2. (b)

      for C15-21, a sum equal to or below 15 mg/kg (0.0015% by weight), until 16 December 2030;

    3. (c)

      for C9-21, a sum equal to or below 0.1 mg/kg (0.00001% by weight), as from 17 December 2030;

    where Cn is the number of carbon atoms in the perfluoroalkyl chain. Where fluoropolymers are present in a mixture or article, the above levels apply only to LC-PFCAs originating from the manufacture of the fluoropolymers. All emissions of LC-PFCAs, their salts and LC-PFCA-related compounds that are unintentionally formed during the manufacture and use of fluoropolymers shall be avoided and, if not possible, reduced as far as possible.

  5. 5.

    By way of derogation from paragraph 1, for the purposes of this entry, Article 4(1)(b) applies to the sum of concentrations of the following LC-PFCAs and their salts where they are present in polytetrafluoroethylene (PTFE) micropowders—

    1. (a)

      for C9-14, a sum equal to or below 1 mg/kg (0.0001% by weight), until 16 December 2030;

    2. (b)

      for C15-21, a sum equal to or below 15 mg/kg (0.0015% by weight), until 16 December 2030;

    3. (c)

      for C9-21, a sum equal to or below 1 mg/kg (0.0001% by weight), as from 17 December 2030;

    where Cn is the number of carbon atoms in the perfluoroalkyl chain. Where PTFE micropowders are present in a mixture or article, the above levels apply only to LC-PFCAs originating from the manufacture of the PTFE micropowders. All emissions of LC-PFCAs, their salts and LC-PFCA-related compounds that are unintentionally formed during the manufacture and use of PTFE micropowders shall be avoided and, if not possible, reduced as far as possible.

  6. 6.

    By way of derogation from paragraphs 1 and 2, for the purposes of this entry, Article 4(1)(b) applies to the sum of concentrations of LC-PFCAs and any of their salts equal to or below 1 mg/kg (0.0001% by weight) and to the sum of concentrations of LC-PFCA-related compounds equal to or below 10 mg/kg (0.001% by weight) where they are present in fire-fighting foam for liquid fuel vapour suppression and liquid fuel fire (Class B fires) already installed in systems. This level shall apply until 3 August 2028.

  7. 7.

    By way of derogation, the manufacturing, placing on the market and use of LC-PFCAs, their salts and LC-PFCA-related compounds, are allowed for the following applications—

    1. (a)

      semiconductors designed for replacement parts for combustion-engine-powered vessels;

    2. (b)

      replacement parts for land-based motor vehicles that have ceased mass production;

    until the earlier of—

    1. (i)

      the end of the service life of articles being repaired, or

    2. (ii)

      31 December 2041;

    3. (c)

      semiconductors designed for replacement parts not covered in points 7(a) or (b) until 16 December 2031.

Medium-chain chlorinated paraffins (MCCPs).

‘Medium-chain chlorinated paraffins (MCCPs)’ means a substance or mixture that contains linear C14-17 chloroalkanes of the following molecular formulae:

  • C14H(30−y)Cly where y ≥ 5;

  • C15H(32−y)Cly where y ≥ 5;

  • C16H(34−y)Cly where y ≥ 6;

  • C17H(36−y)Cly where y ≥ 6.

85535-85-9; 198840-65-2; 1372804-76-6 and others.287-477-0 and others.
  1. 1.

    For the purposes of this entry, Article 4(1)(b) applies where the sum of the concentrations of the following linear chloroalkanes present in a substance or mixture is equal to or below 3% by weight, and in an article is equal to or below 0.45% by weight:

    • C14H(30−y)Cly where y ≥ 5;

    • C15H(32−y)Cly where y ≥ 5;

    • C16H(34−y)Cly where y ≥ 6;

    • C17H(36−y)Cly where y ≥ 6.

  2. 2.

    For the purposes of this entry, Article 4(1)(b) applies where the sum of the concentrations of the following linear chloroalkanes present in articles produced using recovered material from cable recycling is equal to or below 2% by weight:

    • C14H(30−y)Cly where y ≥ 5;

    • C15H(32−y)Cly where y ≥ 5;

    • C16H(34−y)Cly where y ≥ 6;

    • C17H(36−y)Cly where y ≥ 6.

    This level shall apply until 16 December 2028.

  3. 3.

    By way of derogation, the manufacturing, placing on the market and use of MCCPs are allowed for the following applications—

    1. (a)

      flexible polyvinyl chloride (PVC), limited to the following uses:

      1. (i)

        construction sector, including maintenance of buildings and other structures, except for flooring in indoor spaces that are not used for commercial purposes;

      2. (ii)

        wires and cables in the construction sector;

      3. (iii)

        wires and cables in medical devices and in-vitro diagnostic devices;

      4. (iv)

        calendered films in packaging, excluding food packaging;

      until 16 December 2031;

    2. (b)

      solid woven conveyor belts used in underground coal mines, until 16 December 2031;

    3. (c)

      flexible elastomeric foam for thermal insulation until 16 December 2031;

    4. (d)

      adhesives and sealants, limited to the following uses:

      1. (i)

        polysulfide sealant and one-component polyurethane foam used in sealing for doors and windows;

      2. (ii)

        waterproof coatings and anticorrosion coatings;

      3. (iii)

        aerospace and defence applications;

      until 16 December 2031;

    5. (e)

      tape used for non-structural bonding in aerospace and defence products, until 16 December 2031;

    6. (f)

      fatliquoring components in leather, except in children’s products, until 16 December 2031;

    7. (g)

      emergency response pyrotechnic devices, until 16 December 2031;

    8. (h)

      paints and coatings for ammunition and ammunition markings, until 16 December 2031;

    9. (i)

      metalworking fluids used in professional or industrial settings with collection systems, limited to use as extreme temperature and pressure additives for metalworking fluids used in heavy-duty processes for the production and repair of metals and metal alloy components, until 31 December 2036;

    10. (j)

      polymers and rubbers used in replacement parts for, and repair of, articles in the following applications where the substances were originally used in the manufacture of those articles:

      1. (i)

        parts for land-based motor vehicles and machinery used in agriculture, construction, forestry, or landscaping, including gardening;

      2. (ii)

        electrical and electronic equipment used for medical devices, in-vitro diagnostics devices, and instruments for measurement, analysis, manufacturing, control, monitoring, testing or inspection;

      3. (iii)

        aerospace and defence applications;

      until the earlier of—

      1. (aa)

        the end of the service life of the articles; or

      2. (bb)

        31 December 2041;

    11. (k)

      ammunition pyrotechnic defence devices to achieve specific effects, until 31 December 2041;

    12. (l)

      intumescent coating and paint for space and defence equipment and its packaging to protect against extreme temperature, until 31 December 2041;

    13. (m)

      coating and paint for the repair of, and use in replacement parts for, space and defence equipment where MCCPs were originally used in the manufacture of that equipment, until the end of service life of that equipment for its repair and maintenance.

UV-32825973-55-1247-384-8
  1. 1.

    For the purposes of this entry, Article 4(1)(b) applies where the concentration of UV-328 present in a substance, mixture or article is equal to or below—

    1. (a)

      100 mg/kg (0.01% by weight) until 3 August 2027;

    2. (b)

      10 mg/kg (0.001% by weight) as from 4 August 2027 until 3 August 2029;

    3. (c)

      1 mg/kg (0.0001% by weight) as from 4 August 2029.

  2. 2.

    By way of derogation, the manufacturing, placing on the market and use of UV-328 are allowed for the following applications—

    1. (a)

      land-based motor vehicles, until 26 February 2030;

    2. (b)

      industrial coating applications for engineering machines, rail transportation vehicles, and heavy-duty coatings for large steel structures, until 26 February 2030;

    3. (c)

      mechanical separators in blood collection tubes, until 26 February 2030;

    4. (d)

      triacetyl cellulose (TAC) film in polarisers, until 26 February 2030;

    5. (e)

      photographic paper, until 26 February 2030;

    6. (f)

      replacement parts for articles in the following applications, where UV-328 was originally used in the manufacture of the article—

      1. (i)

        land-based motor vehicles;

      2. (ii)

        stationary industrial machines for use in agriculture, forestry or construction;

      3. (iii)

        liquid crystal displays in instruments for analysis, measurements, control, monitoring, testing, production or inspection, other than for medical applications;

      until the earlier of—

      1. (aa)

        the end of the service life of the article, or

      2. (bb)

        31 December 2044.

  3. 3.

    By way of derogation, the placing on the market and use of UV-328 are allowed for the following applications—

    1. (a)

      replacement parts for articles in the following applications for medical purposes, where UV-328 was originally used in the manufacture of the article—

      1. (i)

        liquid crystal displays in medical and in-vitro diagnostic devices;

      2. (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;

    2. (b)

      water-seal tape for insulation blankets and decking on aircraft; and polyurethane and polyamide adhesives, and polyurethane coatings, for structural, mechanical, interior and electrical assemblies, and emergency, propulsion, environmental control, and flight control systems, on aircraft, until 31 December 2030.

”.

Signature

Name

Minister of State

Department for Environment, Food and Rural Affairs

Explanatory note

(This note is not part of the Regulations)

These Regulations are made in exercise of the power conferred by Article 15(1) of Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants (recast) (“the POPs Regulation”).

Regulation 3(2) makes amendments to the entries for Tetrabromodiphenyl ether, Pentabromodiphenyl ether, Hexabromodiphenyl ether, Heptabromodiphenyl ether and Bis(pentabromophenyl) ether (decabromodiphenyl ether; decaBDE) in Annex 1 to the POPs Regulation.

Regulation 3(3) makes amendments to the entry for Perfluorooctane sulfonic acid and its derivatives (PFOS) in Annex 1 to the POPs Regulation.

Regulation 3(4) adapts Annex 1 to the POPs Regulation to the following changes to the list of substances set out in Annex A to the Stockholm Convention on Persistent Organic Pollutants (“the Convention”) ratified by the United Kingdom on 17th January 2005 (Cm 6581):

  1. (a)

    decisions SC-11/10 and 11/11, adopted at the 11th Conference of the Parties and notified to parties to the Convention under the Depository Notification C.N.77.2024.TREATIES-XXVII.15 of 26 February 2024; and

  2. (b)

    decisions SC-12/9, 12/10, 12/12 and 12/14, adopted at the 12th Conference of the Parties and notified to parties to the Convention under the Depository Notifications C.N.542.2025.TREATIES-XXVII.15 of 9th October 2025 and C.N.672.2025.TREATIES-XXVII.15 of 16th December 2025.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from www.legislation.gov.uk, and from the Department for Environment, Food and Rural Affairs, Seacole Building, 2 Marsham Street, London, SW1P 4DF.