Statutory Instruments
2025 No. 1189
ENVIRONMENTAL PROTECTION
The Control of Mercury (Enforcement) (Amendment) Regulations 2025
Made
12th November 2025
Coming into force
3rd December 2025
The Secretary of State makes these Regulations in exercise of the powers conferred by section 8C(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018(1).
In accordance with paragraph 8F(1) of Schedule 7 to that Act, this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
In making these Regulations, the Secretary of State has had special regard to the matters listed in section 46 of the United Kingdom Internal Market Act 2020(2).
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Control of Mercury (Enforcement) (Amendment) Regulations 2025 and come into force on the 21st day after the day on which they are made.
(2) An amendment made by these Regulations has the same extent as the provision amended.
Amendments to the Control of Mercury (Enforcement) Regulations 2017
2. The Control of Mercury (Enforcement) Regulations 2017(3) are amended in accordance with regulations 3 and 4.
Amendment to regulation 33 (Imports and exports: assistance by customs officials)
3. In regulation 33(2)—
(a)in paragraph (h), for “.” substitute “;”;
(b)after paragraph (h), insert—
“(i)with respect to Northern Ireland, Article 10(7) first subparagraph (which prohibits the export of dental amalgam);
(j)with respect to Northern Ireland, after 31st December 2034, Article 10(7) second subparagraph in so far as it prohibits the import of dental amalgam.”.
Amendments to Schedule 1 (Laws relating to mercury)
4.—(1) In Schedule 1, in paragraph 1, in the table—
(a)after the entry relating to Article 9(1) insert—
| “With respect to Northern Ireland, Article 10(2a), subject to paragraph 3 of this Schedule | Prohibits the use of dental amalgam for dental treatment, except when deemed necessary”; |
(b)after the entry relating to Article 10(6) second subparagraph insert—
| “With respect to Northern Ireland, Article 10(7) first subparagraph | Prohibits the export of dental amalgam |
| With respect to Northern Ireland, Article 10(7) second subparagraph, subject to paragraph 3 of this Schedule | Prohibits the import and manufacturing of dental amalgam”; |
(c)after the entry relating to Article 14(3) second subparagraph insert—
| “With respect to Northern Ireland, Article 18(1a) | Requires importers and manufacturers of dental amalgam to report amounts of dental amalgam imported or manufactured”. |
(2) In Schedule 1, after paragraph 2, insert—
“3. For the purposes of this Schedule, with respect to Northern Ireland, before the end of 31st December 2034—
(a)Article 10(2a) of the Mercury Regulation(4) is to be read as not applying to the use of dental amalgam, by a registered dentist or registered dental care professional, in dental treatment in Northern Ireland of a person residing in the United Kingdom;
(b)Article 10(7) second subparagraph of the Mercury Regulation is to be read as not applying to the import of dental amalgam into Northern Ireland for use by a registered dentist or registered dental care professional, in dental treatment in Northern Ireland of a person residing in the United Kingdom.
4. In paragraph 3—
“registered dental care professional” has the same meaning as in section 53(1) of the Dentists Act 1984(5);
“registered dentist” has the same meaning as in section 53(1) of the Dentists Act 1984.”.
Emma Hardy
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
12th November 2025
2018 c. 16. Section 8C was inserted by section 21 of the European Union (Withdrawal Agreement) Act 2020 (c. 1) (“the 2020 Act”) and amended by section 55(3) of the United Kingdom Internal Market Act 2020 (c. 27). Paragraph 21 of Schedule 7 was amended by paragraph 53(2) of Schedule 5 to the 2020 Act and by paragraph 8(14)(b) of Schedule 2 to the Retained EU Law (Revocation and Reform) Act 2023 (c. 28). Further to the Joint Declaration No. 1/2023 of the EU and the United Kingdom in the Joint Committee established by the Withdrawal Agreement of 24 March 2023, the Protocol (as amended by Joint Committee Decision No. 1/2023) is now known as the “Windsor Framework”.
S.I. 2017/1200, amended by S.I. 2020/1620. A reference to the EU Mercury Regulations in the 2017 Regulations, with respect to Northern Ireland, is to be read as an ambulatory reference pursuant to paragraph 2A(1) and (2) of Schedule 8 to the European Union (Withdrawal) Act 2018.
“the Mercury Regulation” is defined in regulation 3 of the Control of Mercury (Enforcement) Regulations 2017.
1984 c. 24; inserted by S.I. 2005/2011, article 46(2)(b).
A physical copy of this Commission Notice can be ordered from the Publications Office of the European Union.