
1 

(1) These Regulations may be cited as the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (Amendment) Regulations (Northern Ireland) 2025 and come into operation on the day after the day on which it is affirmed by resolution of the Assembly.
(2) The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly.
2 
The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) Regulations (Northern Ireland) 2000 are amended in accordance with regulations 3 to 9.
3 
In regulation 2(1)—
(1) in the definition of “the Department”, for “Department of the Environment” substitute “Department of Agriculture, Environment and Rural Affairs”.
(2) in the definition of “PCBs”, for “regulations 4(3) and (4), 5(3), 6(2) and 9(3),” substitute “regulations 4(3), (3B) and (4), 5(3), 9(3) and (3A),”.
4 
In regulation 4—
(1) in paragraph (1), for “, (3)”, substitute “to (3C)”;
(2) for paragraph (3), substitute—“
(3) Paragraph (3A) applies to a transformer in respect of which it is reasonable to assume that it contains—
(a) 0.005% by weight, or less, of PCBs within the fluids containing PCBs; or
(b) a total volume of 0.05dm3, or less, of fluids containing PCBs.
(3A) A transformer to which this paragraph applies—
(a) may be held until the end of its useful life; and
(b) must then be decontaminated in accordance with paragraph (4)(b) to (d), or disposed of, as soon as possible.
(3B) Paragraph (3C) applies to a transformer in respect of which it is reasonable to assume that it contains—
(a) more than 0.005% but no more than 0.05% by weight of PCBs within the fluids containing PCBs; and
(b) a total volume of more than 0.05dm3 of PCBs fluids containing PCBs.
(3C) A transformer to which this paragraph applies—
(a) may be held until the end of 31st December 2025; and
(b) must then be decontaminated in accordance with paragraph (4)(b) to (d), or disposed of, as soon as possible.”
(3) in paragraph (4)(a), for “less than 0.05% by weight and, if possible, to no more than 0.005% by weight” substitute “0.005% by weight, or less, or to reduce the total volume of fluids containing PCBs to 0.05dm3, or less”.
(4) In regulation 4(8)—
(i) in sub-paragraph (a), for “, (3)” substitute “to (3C)”;
(ii) in sub-paragraphs (b) and (c), for “not contaminated”, in both places it occurs, substitute “relevant”;
(iii) after paragraph (8) insert—“
(9) In paragraph (8), “relevant equipment” means any equipment (including any capacitor or receptacle containing residual stocks) which—
(a) contains PCBs; or
(b) having contained PCBs, has not been decontaminated, other than one which contains a total volume of PCBs exceeding 0.05dm3.
(10) For the purposes of paragraph (9)—
(a) the PCB volume of a power capacitor shall be measured by reference to all of the separate elements of a combined set; and
(b) anything of a type which may contain PCBs shall be treated as containing PCBs unless it is reasonable to assume the contrary.”
5 
In regulation 5, for paragraph (3), substitute—“
(3) Equipment in respect of which it is reasonable to assume that—
(a) within the equipment the fluids contain 0.005% by weight, or less, of PCBs; or
(b) the equipment contains a total volume of 0.05dm3, or less, of fluids containing PCBs, may be labelled as “PCBs contaminated <0.005% or <0.05dm3”.”
6 
In regulation 6, omit regulation 6(2)(b).
7 
In regulation 9, for paragraph (3), substitute—“
(3) In respect of entries in the inventory compiled on or before 30th September 2000, or an application made under regulation 10(1) before 30th September 2019, an inventory need not record information of the descriptions in paragraph (2)(c) and (d) as regards any equipment in respect of which it is reasonable to assume that the content of PCBs in the fluids is between 0.05% and 0.005% by weight.
(3A) In respect of an application made under regulation 10(1) on or after 30th September 2019, an inventory need not record information of the descriptions in paragraph (2)(c) and (d) as regards any equipment in respect of which it is reasonable to assume that it contains—
(a) 0.005% by weight, or less, of PCBs within the fluids containing PCBs; or
(b) a total volume of 0.05dm3, or less, of fluids containing PCBs.”.
8 
In regulation 10—
(1) in paragraph (1), for “, (3)”, substitute “to (3C)”; and
(2) in paragraph (2), after “regulation 9(3),”, insert “or 9(3A) (as the case may be),”.
9 
In regulation 12, after paragraph(2)(c)(i), insert—“
(ia) in a case to which paragraph (3B) of regulation 4 applies, as soon as possible after 31st December 2025;”
Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on 17th June 2025
Neelia Lloyd
A senior officer of the
Department of Agriculture, Environment and Rural Affairs
