The document summarizes key differences that are emerging between UK and EU chemical regulations, specifically UK REACH vs EU REACH and UK RoHS vs EU RoHS. It notes that while the UK systems initially mirrored the EU systems, divergence is occurring as the UK establishes its own independent framework. Differences highlighted include candidate substance lists, authorization processes, restricted substances, and obligations for companies. It also discusses areas of UK RoHS that are lagging updates from the EU, such as exemptions and product marking requirements, and that the UK will no longer be part of EU reviews and changes to RoHS.

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UK REACH vs EU REACH
UK RoHS vs EU RoHS
Emerging Differences
Presented at: Chemical Watch UK Chemicals
Regulations 2022
Presented by: Steven Andrews & Raj Takhar,
Assent

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Today’s presenters
Steve Andrews
Subject Matter Expert on
Environmental Stewardship
Assent
Raj Takhar
Senior Subject Matter Expert on
Materials Reporting (Europe)
Assent

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Agenda
1. UK REACH vs EU REACH.
▸ Candidate List
▸ Authorisation List
▸ Restricted List
▸ Summary of Obligations
▸ Divergences known (today)
2. UK RoHS vs EU RoHS
▸ Scope & List of Substances
▸ Exemptions
▸ Product Marking
▸ Review
3. Q&A.

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UK REACH vs
EU REACH
Similar in nature … but divergence
is emerging.

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UK REACH
Independent chemicals regulatory framework
● Applicable since 1st January 2021.
● UK has put in place its own independent
chemicals regulatory framework.
● UK Defra has overall policy oversight.
● UK HSE is UK Agency for UK REACH.
○ Mirrors EU REACH as far as
possible.
○ Minimises disruption to supply
chains for chemicals though our
transitional measures.
● Both UK and EU operate REACH
independently of each other.
● UK REACH obligations cover GB
(England, Scotland and Wales).
● Northern Ireland Protocol requires
companies to comply with EU REACH,
but no SCIP obligations.
● Businesses will need to take steps to
ensure regulatory requirements are
fulfilled in both the UK and EU in order
to maintain continuity of supply chains.

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UK REACH vs EU REACH
Access to systems.
● IUCLID based.
● Comply with UK REACH
○ Create Defra gov.uk account.
○ Only legal entities which are UK
based can register and transmit
data.
○ Third Party Representative
(TPR).
● IUCLID based.
● EU REACH-IT
○ Create EU REACH-IT account.
○ Multiple subsystems report data
differently for REACH, CLP, BPR
and SCIP.
○ Non-EU locations can register
themselves as actors.
○ Only EU based legal entities / Only
Representative (OR) can transmit
data.

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UK REACH vs EU REACH
Candidate List of Substances of Very High Concern
● Not Yet Updated!
● Aligns to 16th July 2019 version of EU
REACH Candidate List. 201 entries (373
substances) - available as xlsx file.
● Additional 10 substances on
HSE/DEFRA roadmap - all except for
Resorcinol; 1,3-benzenediol [CAS:
108-46-3].
● Article 7(2) transposed (>1 tn use)
● DUIN / Article 26 register new or
existing substance(s).
● Article 33 (currently under review).
● Updates twice a year.
● January 2022, 223 entries (444
substances).
● Resorcinol; 1,3-benzenediol [CAS:
108-46-3]. is on the Registry of
Intentions to be included on to the
REACH Candidate List.
● EU WFD 2018/851 introduced
additional SVHC reporting obligations
for articles with SVHCs onto the ECHA
SCIP Database.

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UK REACH vs EU REACH
Annex XIV: Authorisation List of Substances
● 54 Entries (98 Substances)
● UK list has for some substances a longer
sunset date.
● Data must be registered and recorded into
the Comply with UK REACH system by
a UK legal entity or UK based Authorised
Representative (data silo from EU
REACH-IT).
● List of Substances proposed for inclusion
UK Annex XIV (DCHP + Disodium
octaborate)
● List of UK Authorisations being
processed and grandfathered
● 54 Entries (120 substances).
● EU REACH-IT, registrations via EU-27
legal entities or an EU-27 located
Authorised Representative.
● Current Consultations (ending May 2022)
include the addition of Lead (Pb) onto the
Authorisation list + 7 other substances.

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UK REACH vs EU REACH
Annex XVII: Restricted List of Substances
● 74 Entries (1082 substances displayed
in appendix tables).
● Registry of intentions - 2 substances
Lead (Pb) and Substances in Tattoos
(already restricted under EU REACH.
● Evolving process (RMOA)
● 76 Entries (>2100 substances)
● Established process
● Includes updates via REACH
consultations & updates via EU CLP
Delegated Acts.

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UK REACH vs EU REACH
Summary of Obligations
● Candidate List:
○ Article 7(2) reporting.
○ Article 33 (being developed)
○ Contains all substances on EU
REACH Candidate List (except for
Resorcinol which has not yet been
added).
● Authorisation List:
○ Apply for authorisation where
identified.
● Restricted List:
○ Identify use and understand terms of
restriction.
● Candidate List:
○ Article 7(2) reporting.
○ Article 33 reporting.
○ EU WfD SCIP Database reporting.
● Authorisation List:
○ Apply for authorisation where
identified.
● Restricted List:
○ Identify use and understand terms of
restriction.

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UK REACH vs EU REACH
Future Misalignment Ahead!!
● Evolving process.
● Regulatory Management Options
Analysis (RMOA announced similar to EU
REACH announced.
● Following Brexit, the Comply with UK
REACH system has similarities with the
EU system, but will be UK specific.
● Pharmaceutical sector is the biggest
exporting sector for products (63K
employees, Revenues >£21 Billion).
● EU Green Deal established EU Chemical
Sustainability Strategy (EU CSS)
● EU CSS proposed overhaul of EU REACH,
which is expected to be released as a
public draft in Q4, 2022:
○ Wider scope of criteria for SVHCs.
○ EU Criteria for Essential Use (Q2,
2022).
○ EU Criteria for Safe Use (2023).
○ New EU Chemical Audit Agency.
○ Professional uses.
○ ‘one substance, one assessment’
○ More SCIP Data fields!!
UK government policy is looking at
reforming sectors and reducing burden of
reporting. EU More Reporting More Circularity

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UK RoHS vs
EU RoHS
Misalignment Already Evident & More
Ahead!!

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UK RoHS
The Restriction of the use of certain Hazardous Substances in EEE
● Applicable since 1st July 2006 (RoHS
1), then 2 January 2013 (RoHS 2).
● UK Regulations prior to Brexit mirrored
the EU Directives.
● Originally 6 substances, now 10.
● Defra has had overall policy oversight in
the UK since 2016, prior to that it was
DTI/BERR/BIS.
● The Office for Product Safety &
Standards is the UK enforcement
agency for UK RoHS.
● Both UK and EU now operate RoHS
independently of each other.
● UK RoHS obligations cover GB
(England, Scotland and Wales).
● Northern Ireland Protocol requires
companies to comply with EU RoHS.
● Businesses will need to take steps to
ensure regulatory requirements are
fulfilled in both in the UK and EU in
order to maintain continuity of supply
chains.

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UK RoHS vs EU RoHS
Scope & Lists of Substances
● The UK RoHS Regulations 2012 (SI 2012
No. 3032) mirrored the RoHS 2 Directive,
but they have already been amended by
five subsequent SIs and another on the
way!
● Time lags already evident
● The application of the four phthalates
restrictions to most Categories came into
force on 21 July 2019, but will only apply
to Categories 8 and 9 from 1 July 2022
● The RoHS 2 Directive (2011/65/EU) was
amended by (EU) 2015/863 to add the four
phthalates to Annex II
● The new phthalate restrictions applied to
most Categories from 21 July 2019
● The new phthalate restrictions applied to
Categories 8 and 9 from 21 July 2021

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UK RoHS vs EU RoHS
Exemptions
● The UK Regulations had ‘ambulatory’
provisions - RoHS exemptions updated as
and when they appeared in the EC Official
Journal.
● This ceased to happen when the Brexit
transition period ended on 31 December
2020.
● UK lists effectively frozen on that date &
new numbering.
● Now new amending SIs need to be agreed
& laid before Parliament.
● Time lags already evident, eg exemption
Annex III, 45 - January 2020 (EU); January
2021 (UK)
● RoHS exemptions - the use of any of the
restricted substances above the maximum
concentration values is permitted in certain
clearly specified & limited technical
applications - has been a feature of the
Directive since 2006.
● Separate lists for Categories 8 and 9
appeared as part of RoHS 2 in 2013.
● Each time an exemption is approved,
amended or extended a Delegated
Directive amends either Annex III or IV.

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UK RoHS vs EU RoHS
Product Marking
● The UK has introduced its own version of
the CE Mark - the UKCA Mark
● This will be required on most products
placed on the GB (English, Scottish &
Welsh) market from 1 January 2023
● But goods placed on the Northern Ireland
market will still require the CE mark
● Medical Device sector has a longer date - 1
July 2023
● The EU CE Mark has been the visible sign
of a producer’s compliance with most ‘new
approach’ legislation since the 1990s
● The first RoHS Directive did not require the
CE Mark
● This was introduced as a part of the RoHS
2 obligations in 2013

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UK RoHS vs EU RoHS
Review - RoHS 3?
● Following Brexit, the UK will not be a party
to or bound by any outcome from the EC’s
review of RoHS
● UK Government has not announced any
plans to undertake or implement a RoHS
review.
● Article 24 of RoHS 2 had a review
provision
● Consultants Evaluation Report on RoHS
published in March 2021
● EC Call for Evidence - February 2022,
deadline March 2022
● EC open public consultation - March 2022,
deadline June 2022
● Commission proposals expected before
end of year
● Negotiations likely throughout 2023

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