Product Compliance Double Duty
For many UK manufacturers, the EU is a critical market and a significant part of their bottom line. But exporting to the EU presents a host of complex product compliance requirements. UK manufacturers that aren’t paying close attention can get lulled into a false sense of security: A product that’s compliant in the UK may not be in the EU.
Although UK regulations are often aligned with their EU counterparts, there are some important differences that can present a risk to UK exporters. In addition, there are some regulations in the EU that no longer apply in the UK.
Manufacturers need to be aware of these differences to avoid penalties like fines and loss of market access. Here’s what you need to know to maintain full compliance.
UK vs. EU RoHS
The Restriction of Hazardous Substances (RoHS) Directive is one of the key market access regulations affecting UK exporters. Both the EU and UK have a version of RoHS. Both cover the same 11 categories of electrical and electronic equipment (EEE), and both restrict the same 10 substances.
Despite this, you cannot assume you’re compliant in both regions just because you meet the requirements in one.
| EU RoHS | UK RoHS | |
| Regulation Name | The Restriction of Hazardous Substances Directive 2011/65/EU (as amended), known as RoHS 2 | The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 (as amended) |
| Regulatory Authority | Enforced by individual EU member state market surveillance authorities | UK Office for Product Safety and Standards (OPSS) |
| Scope | EEE placed on the market in the EU-27, plus Northern Ireland, Iceland, Liechtenstein, and Norway | EEE placed on the market in Great Britain (England, Scotland, Wales) |
| Covered Products | Eleven categories of EEE:
|
Same 11 categories as the EU |
| Restricted Substances | Ten substances:
|
Same 10 substances as the EU |
| Substance Limits | 0.1% by weight at the homogeneous material level, except 0.01% for cadmium | Same limits: 0.1% (most), 0.01% (cadmium) |
| Marking Requirements | CE marking | The CE marking can be applied as long as any utilized technical exemption is the same as in the EU; if the exemption is different, the UKCA marking must be applied |
| Declaration of Conformity | Must be prepared and kept by manufacturer/importer | Same requirement, but must reference the UK regulations |
| Change Management | Updates/amendments are proposed by the European Commission and approved by the European Council and European Parliament | The UK regulations remain aligned, but there is some divergence in the list of technical exemptions that have been approved or extended |
EU and UK RoHS are aligned in almost every way, with the notable difference around exemptions. To maintain compliance with both, you’ll need to track which exemptions your products rely on and when they expire in both regions. Assent keeps track of these expiration dates as part of our RoHS solution. Get more information on EU RoHS exemptions and when they are set to expire.
EU vs. UK REACH
At face value, the EU and UK versions of the Registration, Evaluation, Authorisation, and Restriction of Chemicals (REACH) Regulation are practically the same. However, there are some notable variances. In particular, manufacturers must remember that they’ll need to apply for chemical authorization in both the UK and EU, and that this process is handled differently in each region.
| EU REACH | UK REACH | |
| Regulation Name | The Registration, Evaluation, Authorisation, and Restriction of Chemicals (REACH) Regulation | Same name as EU regulation |
| Regulatory Authority | European Chemicals Agency (ECHA) | UK Health and Safety Executive (HSE) |
| Scope | In principle, REACH applies to all listed chemical substances that may be present in industrial processes and domestic environments. Authorization rules apply to substances manufactured or imported into the EU above 1 tonne/year, including in mixtures and articles | Same principle and authorization rules applicable to substances manufactured or imported into the UK above 1 tonne/year, including in mixtures and articles |
| Covered Products | Any application where targeted chemical substances are used in industrial processes and everyday products (e.g., paints, cleaning products, clothing) | Same scope — all chemical substances used in similar applications |
| Key Duties | Companies must register substances with the European Chemicals Agency (ECHA), assess/manage risks, communicate safety info, and substitute hazardous chemicals | Same duties apply, though registration must be done with UK’s Health and Safety Executive (HSE), not ECHA |
| Authorization/Restriction | Certain substances require authorization; restrictions limit or ban specific uses or substances | Same system, though the UK maintains its own lists of authorizations and restrictions that are different from the EU |
| Substance Limits | No fixed limits; safety assessments are risk-based and substances are controlled via use-specific restrictions | Same risk-based approach and use restrictions apply |
| Marking Requirements | No product labeling or CE marking required under REACH | No CE, UKCA, or other labeling required for REACH |
| Technical Documentation | Registration dossiers submitted to ECHA must include substance ID, safe use data, and a chemical safety report (if needed). The requirement to submit information to ECHA’s SCIP database is triggered if any substance of very high concern (SVHC) is present above a 0.1% threshold at the article level | Registration done through UK REACH IT system: Technical requirements mirror EU REACH, but there is no UK SCIP database |
| Post-Brexit Divergence | Governed by EU legislative updates: Companies must comply with evolving EU requirements | UK REACH may diverge over time as HSE and DEFRA (the Department for Environment, Food and Rural Affairs) manage policy changes |
Want to learn how EU REACH and EU RoHS are different? Check out our blog for an in-depth primer.
Other Regulations to Consider
After Brexit, the UK chose not to mirror a few other EU regulations. Manufacturers exporting from the UK to the EU need to be aware of them to maintain market access. Let’s break them down:
SCIP Database
As an amendment to the EU Waste Framework Directive (WFD), the Substances of Concern In articles, as such or in complex objects (Products) (SCIP) database is designed to track any listed substances of very high concern (SVHCs) in products.
Companies placing articles on the EU market must submit data to the SCIP database if any article in the product contains an SVHC above the 0.1% weight by weight threshold.
SCIP submissions must cover three primary types of data:
- Article identification
- SVHC presence and location
- Safe use instructions
The ECHA has defined several mandatory data fields related to the primary data types, and several optional fields that assist in article identification.
Ecodesign for Sustainable Products Regulation
The Ecodesign for Sustainable Products Regulation (ESPR) is the EU’s proposed framework to improve the sustainability, repairability, and recyclability of a wide range of products. Individual product categories will be the subject of separate implementing measures agreed upon under the framework.
Manufacturers must design products with the circular economy in mind (durability, reuse, repair, recycling). Products must also have a digital product passport (DPP), which will provide transparent product data to consumers and other end users.
Reporting requirements may include:
- Carbon footprint
- Recycled content
- Hazardous substances
- Product lifecycle information
However, it’s important for manufacturers to keep in mind that the exact obligations will depend on product category-specific implementing measures or delegated acts as they’re developed. Manufacturers need to proactively monitor this proposal to ensure their compliance programs can meet requirements.
We also recommend implementing a holistic supply chain sustainability approach rather than focusing on specific ESPR requirements. That way, you will be prepared for a larger range of mandatory sustainability reports as they emerge.
EU Batteries Regulation
The EU Batteries Regulation (EUBR) replaces the 2006 Batteries Directive, setting stringent and broader requirements for all battery types placed on the EU market. It applies to portable, industrial, electric vehicle, and light transport batteries.
Beyond design-related obligations like materials restrictions, you’ll need to conduct due diligence on your supply chains and report on materials used. There are rolling deadlines for the introduction of these requirements from August 2025 onwards, with penalties including loss of market access, substantial fines, or terms of imprisonment dependent upon the EU country initiating the enforcement action.
Key obligations include:
- Mandatory recycled content thresholds by 2030
- Carbon footprint declarations and labeling
- Digital battery passport for tracking and transparency
- Due diligence obligations for sourcing raw materials
- Collection and repurposing targets for end-of-life batteries
- Manufacturers must adapt labeling, sourcing, design, and documentation processes now to prepare for phased deadlines
To keep up with these emerging requirements, you will need a supply chain sustainability program and due diligence processes.
Assent Simplifies the Complex
Keeping up with just one version of REACH or RoHS is hard enough. But when you’re bringing goods to both the EU and the UK markets, the complexity grows exponentially. You need a reliable partner to cut through the noise and simplify your program.
Assent gives you access to a team of global regulatory experts with extensive experience in the UK and the EU. We help you understand your specific requirements and implement processes that collect and validate all the supply chain information you need.
Plus, Assent’s AI-enhanced platform and services make it easier for you to get it all done on time with automated supplier outreach and rapid compliance status reporting. Our winning combination of expertise and software cuts through the red tape of EU and UK regulations so you can focus on delivering safe and sustainable products to your customers.
Ready to get started? Book a demo today.
