The Department for Environment, Food and Rural Affairs has made the Control of Mercury (Enforcement) (Amendment) Regulations 2025, using powers in section 8C of the European Union (Withdrawal) Act 2018. The instrument was approved by both Houses under the affirmative procedure and comes into force 21 days after being made, on Wednesday 3 December 2025. DEFRA junior minister Emma Hardy is named as signatory.
The regulations amend the Control of Mercury (Enforcement) Regulations 2017 to implement, for Northern Ireland, the EU’s revised Mercury Regulation as it applies under the Windsor Framework. In practice, this updates the list of ‘relevant provisions’ that UK authorities can enforce and aligns domestic enforcement with EU restrictions that now cover dental amalgam and other mercury‑added products.
Customs officers are expressly enabled to assist with enforcement of new prohibitions on the export and import of dental amalgam. This builds on regulation 33 of the 2017 regime, which already permits seizure and detention at the border, and ensures that restrictions can be applied at points of entry and exit in Northern Ireland.
A targeted Northern Ireland carve‑out is central to the instrument. Until 31 December 2034, EU Article 10(2a) on the prohibition of use is to be read as not applying to dental treatment carried out in Northern Ireland by a registered dentist or registered dental care professional for a patient who resides in the United Kingdom. Over the same period, the import ban in Article 10(7) is disapplied insofar as imports are for that use. Manufacturing in Northern Ireland remains prohibited from 1 July 2026 and export remains prohibited from 1 January 2025.
These time‑limited arrangements reflect the European Commission’s notice on how Regulation (EU) 2024/1849 applies to the United Kingdom in respect of Northern Ireland. The Commission has stated that, subject to conditions being met, Northern Ireland may continue to use and import dental amalgam for UK‑resident patients until 31 December 2034, or until an earlier date set under the Minamata Convention.
For context, Regulation (EU) 2024/1849 phases out dental amalgam across the EU. From 1 January 2025, use is prohibited except where a practitioner judges it strictly necessary for specific medical needs; a limited derogation runs to 30 June 2026 for certain Member States. Export is banned from 1 January 2025, with import and manufacturing banned from 1 July 2026 save for defined medical need.
The UK instrument also lists Article 18(1a) as a relevant provision for Northern Ireland. This requires importers and manufacturers to report the amounts of dental amalgam imported or manufactured to the competent authority each year, reinforcing supply‑chain oversight alongside the import restrictions.
For dental practices in Northern Ireland, the rules are practical and immediate. Amalgam may be used only for patients who reside in the UK and only by registered professionals; practices should record a UK address as evidence and update protocols accordingly. Professional bodies in Northern Ireland have already advised members to check residency status and adjust procurement to reflect commensurate use.
For distributors and importers supplying Northern Ireland, imports must be consistent with clinical demand for UK‑resident patients, and from 1 July 2026 consignments must meet specified customs formalities. Manufacturing in Northern Ireland is not permitted from that date. Firms should also prepare to meet annual reporting obligations under Article 18(1a).
These measures sit alongside global developments. On 7 November 2025, parties to the Minamata Convention agreed to ban the manufacture and trade of mercury‑added dental amalgam from 1 January 2035. The Northern Ireland derogation therefore has a clear end‑point, with the UK framework now aligned to close by 31 December 2034 at the latest.
No full impact assessment accompanies the instrument; DEFRA has prepared a de minimis assessment, indicating no significant effect on the private, voluntary or public sectors. For England, Scotland and Wales, the rules do not change clinical practice; the amendments are directed at enforcement and Northern Ireland‑specific provisions under the Windsor Framework.