These Regulations may be cited as the Control of Mercury (Enforcement) Regulations 2025 and come into force on the 21st day after the day on which they are made.
The Control of Mercury (Enforcement) (Amendment) Regulations 2025
Published: Fri 14th Nov 25
The Control of Mercury (Enforcement) (Amendment) Regulations 2025 amend the 2017 Regulations to implement new restrictions on mercury, focusing specifically on dental amalgam within Northern Ireland as required by the 2024 EU amendment regulation concerning mercury.
These changes update customs enforcement powers regarding import and export prohibitions and clarify temporary exemptions for existing use and import of dental amalgam by registered dental professionals in Northern Ireland until the end of 2034, while also adding corresponding reporting duties.
Arguments For
Ensures that the UK meets its obligations following the amendment to EU Regulation 2017/852 (EUR 2024/1849) regarding mercury, specifically concerning dental amalgam restrictions.
Updates enforcement mechanisms by equipping customs officials to assist in enforcing new prohibitions related to the import and export of dental amalgam.
Provides specific transitional relief for Northern Ireland, allowing the continued use and import of dental amalgam under certain conditions until the end of 2034, aligning with specific Commission guidance.
Incorporates existing domestic compliance measures for dental professionals (registered dentists/care professionals) in Northern Ireland into the scope of enforcement regulations.
Arguments Against
Introduces complex, geographically targeted amendments (specifically for Northern Ireland), potentially creating different regulatory regimes within the UK regarding mercury-based products.
Modifies existing legislation (the 2017 Regulations) via detailed insertions and substitutions, increasing the complexity of the regulatory framework for businesses and enforcement agencies to navigate.
Imposes new reporting requirements on importers and manufacturers of dental amalgam in Northern Ireland, which could introduce minor administrative burdens.
The necessity for ongoing amendments to domestic enforcement legislation to reflect changes in retained EU law regarding mercury highlights ongoing alignment challenges following the UK's exit from the EU.
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. 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.
The Secretary of State created these regulations using powers granted under the European Union (Withdrawal) Act 2018, specifically sections 8C(1) and Schedule 7, paragraph 21.
Parliament has approved this instrument through a resolution in both Houses, as required by paragraph 8F(1) of Schedule 7.
Before making the regulations, the Secretary of State paid specific attention to the matters outlined in section 46 of the United Kingdom Internal Market Act 2020.
Citation, commencement and extent1.
(1)
(2)
An amendment made by these Regulations has the same extent as the provision amended.
The official short title for these rules is the Control of Mercury (Enforcement) Regulations 2025.
They become legally effective twenty-one days after the date they are formally made.
The geographical reach of any change made by these regulations matches the geographical reach of the original rule or provision that is being modified.
Amendments to the Control of Mercury (Enforcement) Regulations 20172.
The Control of Mercury (Enforcement) Regulations 2017 are amended in accordance with regulations 3 and 4.
This section states that the Control of Mercury (Enforcement) Regulations 2017 are subject to modifications detailed in the subsequent regulations, specifically 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.”.
Regulation 3 modifies regulation 33 of the 2017 Regulations, which concerns how customs officials can assist in enforcing rules related to imports and exports.
Paragraph (a) modifies the punctuation within an existing paragraph (h) to a semicolon.
Paragraph (b) introduces new provisions, (i) and (j), specifically relating to Northern Ireland concerning dental amalgam.
Provision (i) adds enforcement power regarding the prohibition on exporting dental amalgam under Article 10(7), first subparagraph.
Provision (j) outlines that, for Northern Ireland only, the prohibition on importing dental amalgam mentioned in Article 10(7), second subparagraph, will not apply after December 31, 2034.
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 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;“registered dentist” has the same meaning as in section 53(1) of the Dentists Act 1984.”.
Regulation 4 amends Schedule 1 of the 2017 Regulations, which lists the key laws relating to mercury that need enforcement.
Subsections (a), (b), and (c) introduce new entries into the enforcement table, all specific to Northern Ireland concerning dental amalgam.
These insertions detail prohibitions concerning the use, export, import, and manufacturing of dental amalgam, referencing relevant Articles of the Mercury Regulation (EU 2017/852 as amended).
Subsection (2) inserts new paragraphs 3 and 4 into Schedule 1.
Paragraph 3 provides a grace period until December 31, 2034, during which certain prohibitions on the use and import of dental amalgam in Northern Ireland do not apply if the treatment is provided by registered dental professionals to UK residents.
Paragraph 4 defines 'registered dental care professional' and 'registered dentist' by referencing the Dentists Act 1984 for the context of paragraph 3.
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