UK vs EU Regulations After Brexit

1. What Changed After Brexit

The United Kingdom left the EU Single Market and Customs Union on January 1, 2021, at the end of the Brexit transition period. On that date, the regulatory relationship between the UK and EU fundamentally changed. EU regulations were "retained" into UK domestic law under the European Union (Withdrawal) Act 2018, creating a snapshot of EU law as it stood on December 31, 2020 — but from that point forward, UK and EU regulatory frameworks are maintained independently.

In the first year or two, retained EU law in the UK was largely identical to its EU counterpart. Over time, however, the two regimes have begun diverging — and that divergence is accelerating. The EU has adopted new regulations (such as the General Product Safety Regulation 2023/988 and new CLP hazard classes) that the UK has not implemented. The UK has established its own regulatory bodies, timelines, and in some cases, different substantive requirements.

The practical consequence: if you sell products in both the UK and the EU, you must comply with both regulatory regimes separately. One compliance program no longer covers both markets. And Northern Ireland adds another layer — under the Windsor Framework, Northern Ireland follows EU rules for goods, creating a unique compliance environment within the UK itself.

2. Chemical Regulations: UK REACH vs EU REACH

When the UK left the EU, it created its own version of REACH — UK REACH, maintained by the Health and Safety Executive (HSE) rather than the European Chemicals Agency (ECHA). UK REACH was established under the REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 and retains the same fundamental structure as EU REACH: registration, evaluation, authorisation, and restriction of chemicals. But the two regimes are now separate, and compliance with one does not satisfy the other.

Key Differences

• Separate registration: Substances placed on the UK market must be registered with HSE under UK REACH. An existing EU REACH registration with ECHA does not cover the UK market.
• Candidate List divergence: UK REACH initially adopted the EU Candidate List of Substances of Very High Concern (SVHCs), but the UK now maintains its own list. Over time, the two lists may include different substances.
• Registration deadlines: UK REACH registration deadlines have been extended multiple times. The current phased deadlines are October 27, 2027 (for substances manufactured/imported at 1,000+ tonnes/year), October 27, 2030 (100+ tonnes/year), and October 27, 2033 (1+ tonnes/year).
• Lower data requirements: For some registrations, the UK has introduced a transitional approach with reduced data requirements — including the option to submit a "data access letter" instead of full study data during initial registration.
• Only Representative: Under UK REACH, a non-UK manufacturer must appoint a UK-based Only Representative (OR). An EU-based OR does not satisfy UK REACH requirements, and vice versa.

UK REACH vs EU REACH Comparison

The bottom line: if you import chemicals or chemical-containing products into both the UK and the EU, you need two separate REACH compliance programs — two registrations, two Only Representatives (if based outside both jurisdictions), and ongoing monitoring of two separate Candidate Lists.

3. CLP: UK CLP vs EU CLP

The UK retained the EU CLP Regulation as UK CLP, maintained by HSE. Products placed on the UK market must be classified, labelled, and packaged according to UK CLP; products placed on the EU market must comply with EU CLP. These were identical at the point of Brexit — but they are now diverging in substantive ways.

The Key Divergence: New EU Hazard Classes

In 2024, the EU adopted Delegated Regulation (EU) 2024/2865, amending the CLP Regulation to introduce entirely new hazard classes: endocrine disruptors for human health, endocrine disruptors for the environment, persistent/bioaccumulative/toxic (PBT), very persistent/very bioaccumulative (vPvB), and persistent/mobile/toxic (PMT). These new hazard classes took effect in the EU starting May 1, 2025.

The UK has not adopted these new hazard classes. UK CLP remains aligned with GHS Revision 7, without the additional EU-specific hazard categories. This means a product classified under EU CLP may carry hazard statements and pictograms that have no equivalent under UK CLP — and vice versa, a product that is compliant under UK CLP labelling may be non-compliant if placed on the EU market without the new hazard class assessments.

UFI Codes

Both the UK and the EU require Unique Formula Identifiers (UFI codes) on labels of hazardous mixtures. Under UK CLP Annex VIII, poison centre notifications in the UK are administered by the National Poisons Information Service (NPIS), not ECHA. A UFI code generated for the EU market and notified to ECHA's Poison Centre portal does not satisfy UK requirements — a separate notification to the UK system is required.

Practical Impact

• Products sold in both markets may need different CLP labels — one for UK, one for EU
• Some products may have additional hazard classifications under the new EU hazard classes that do not apply under UK CLP
• Sellers must monitor both UK CLP and EU CLP amendments separately — regulatory updates in one jurisdiction no longer automatically apply to the other
• Poison centre notifications must be submitted to both the UK (NPIS) and the EU (ECHA) if selling in both markets

4. Product Safety: UK GPSR vs EU GPSR

The EU adopted the new General Product Safety Regulation (EU) 2023/988 (GPSR), which replaced the old General Product Safety Directive 2001/95/EC and became fully applicable on December 13, 2024. The EU GPSR introduced significant new requirements including mandatory Authorised Representatives (ARs) for non-EU manufacturers, enhanced marketplace obligations, and expanded traceability requirements.

The UK did not adopt the EU GPSR. Instead, the UK still operates under the General Product Safety Regulations 2005 (as retained and amended), which are based on the old EU General Product Safety Directive 2001/95/EC. This means the UK product safety framework is based on pre-2024 EU rules and does not include the EU GPSR's newer requirements.

Key Differences

If you sell non-food consumer products in both the UK and the EU, you face different product safety regimes. The EU's requirements — particularly the AR mandate and marketplace obligations — are significantly more demanding than the UK's current framework. Do not assume that compliance with EU GPSR automatically means you are compliant in the UK, or vice versa.

5. CE Marking vs UKCA Marking

CE marking indicates conformity with EU product requirements and is used for products placed on the EU (and EEA) market. After Brexit, the UK created the UKCA (UK Conformity Assessed) mark for products placed on the Great Britain market (England, Scotland, and Wales).

However, the transition to UKCA has been repeatedly delayed. The UK government has extended the acceptance of CE marking for most product categories, and as of 2026, CE marking is still accepted for most products placed on the Great Britain market. The UK has indicated it will provide at least 12 months' notice before CE marking acceptance ends.

Current Status

What This Means in Practice

• If you sell only in the EU: CE marking is all you need. UKCA is irrelevant.
• If you sell only in Great Britain: Either CE or UKCA marking is currently accepted for most product categories. CE marking remains the pragmatic choice since it also keeps the EU market open.
• If you sell in both GB and EU: CE marking currently covers both. There is no need to dual-mark with UKCA at this time for most products, though monitoring UK government announcements is essential.
• Northern Ireland: CE marking applies. UKCA does not apply for product categories governed by EU rules under the Windsor Framework.

The UK government has acknowledged that the transition to mandatory UKCA has been challenging for businesses, particularly SMEs. The repeated deadline extensions reflect this reality. However, sellers should be prepared for an eventual mandatory switchover and ensure their conformity assessment documentation can support UKCA marking when required.

6. Cosmetics: UK vs EU

The UK retained the EU Cosmetics Regulation as the UK Cosmetics Regulation, which mirrors Regulation (EC) No 1223/2009 as it stood at the end of the transition period. Both regimes share the same fundamental structure — product safety assessment, notification, responsible person, labelling, and ingredient restrictions — but they are now maintained separately and are beginning to diverge.

Responsible Person

Under the UK Cosmetics Regulation, a UK-based Responsible Person (RP) is required for products placed on the UK market. This is separate from the EU Responsible Person, who must be established within the EU. A company selling cosmetics in both markets needs two separate Responsible Persons — one UK-based and one EU-based.

Product Notification

The UK uses the Submit Cosmetic Product Notification (SCPN) portal, operated by the Office for Product Safety and Standards (OPSS). This replaces the EU's Cosmetic Products Notification Portal (CPNP), operated by the European Commission. Products must be notified on both portals if sold in both markets.

Ingredient Restrictions: Where They Diverge

At the point of Brexit, the UK Cosmetics Regulation adopted the EU's Annexes II through VI (prohibited substances, restricted substances, permitted colorants, preservatives, and UV filters) as they stood in December 2020. Since then, the EU has continued updating these annexes — and the UK has not automatically followed.

The most significant divergence: the EU adopted Regulation (EU) 2023/1545, expanding the list of fragrance allergens requiring individual label declaration from 26 to 80 allergens. This expanded allergen list applies in the EU from July 2026 (for new products) and July 2028 (for existing products). The UK has not adopted this expanded allergen list — UK cosmetics labelling still requires declaration of only the original 26 fragrance allergens.

Practical Impact

• A cosmetic product sold in the EU may need to declare up to 80 allergens on its label; the same product sold in the UK only needs the original 26
• You need two separate Responsible Persons (UK RP + EU RP) — one person or company cannot serve both roles unless they have legal entities in both jurisdictions
• Products must be notified on both SCPN (UK) and CPNP (EU)
• The Product Information File (PIF) and Cosmetic Product Safety Report (CPSR) should be maintained for both markets, with attention to any differing ingredient restrictions

7. Packaging and Waste

The UK has its own packaging Extended Producer Responsibility (EPR) scheme, entirely separate from the packaging EPR schemes operated by individual EU member states. The EU's Packaging and Packaging Waste Regulation (PPWR) does not apply to the UK.

UK Packaging EPR (pEPR)

The UK's packaging EPR reform (commonly called pEPR) launched in phases from 2024. It applies to businesses that handle packaging or packaged goods, import packaging or packaged goods into the UK, or sell packaging to end consumers. Registration and reporting obligations depend on the amount of packaging handled and the business's turnover.

• Registration: With the Environment Agency (England), SEPA (Scotland), NRW (Wales), or NIEA (Northern Ireland) — depending on where the business operates.
• Reporting: Annual data on packaging placed on the UK market — broken down by material type, packaging category, and nation.
• Fees: Producer fees to fund collection, recycling, and disposal of packaging waste — the UK's pEPR shifts the full net cost of managing household packaging waste to producers.
• Non-UK sellers: If you export packaged goods to the UK, the UK importer or the first UK-based business in the supply chain typically holds the EPR obligation. However, some marketplace and distance-selling arrangements may place obligations on the overseas seller directly.

EU Packaging EPR

In the EU, packaging EPR is handled at the member state level — each country has its own scheme (e.g., CITEO in France, Grner Punkt/dual systems in Germany, CONAI in Italy). The EU PPWR is harmonising some aspects, but registration and compliance remain country-by-country. A seller shipping to multiple EU countries needs separate EPR registrations in each.

Selling in both the UK and the EU means managing separate packaging EPR registrations — UK pEPR plus individual EU member state schemes for each country you sell into.

8. Northern Ireland — The Windsor Framework

Northern Ireland occupies a unique regulatory position. Under the Windsor Framework (which replaced the original Northern Ireland Protocol), Northern Ireland follows EU rules for goods. This means EU product safety regulations, EU CLP, EU REACH, EU Cosmetics Regulation, and CE marking all apply to products placed on the Northern Ireland market.

Key Implications

• CE marking applies in NI — products placed on the Northern Ireland market must carry CE marking for relevant product categories, not UKCA.
• Products moving from Great Britain to Northern Ireland may need to demonstrate compliance with EU requirements, even though they are moving within the UK.
• "Not for EU" labeling: Certain goods moving from GB to NI through the green lane (for goods staying in the UK) require "Not for EU" labeling, confirming they are not intended for onward movement into the EU single market.
• EU REACH, EU CLP, and EU GPSR apply in NI — this means a business selling across the whole UK must comply with UK regulations for Great Britain AND EU regulations for Northern Ireland.

The Dual Compliance Challenge

For sellers targeting the entire UK market (including Northern Ireland), the Windsor Framework creates a dual compliance burden. A product placed on the GB market must comply with UK regulations, while the same product placed on the NI market must comply with EU regulations. In practice, many sellers choose to comply with the stricter of the two regimes across all UK sales for simplicity — but this is a business decision, not a legal requirement. Alternatively, some sellers exclude Northern Ireland from their UK distribution to avoid the complexity.

9. Practical Implications for Sellers

If you sell products in both the UK and the EU, the post-Brexit regulatory landscape requires separate compliance for each market. This is not optional — it is a legal requirement. Here is what dual compliance looks like in practice:

Separate Responsible Persons

You need a UK-based Responsible Person for the UK market (for cosmetics) and an EU-based Responsible Person (for cosmetics) or EU-based Authorised Representative (for GPSR). These must be separate entities or individuals established in each jurisdiction. One person or company cannot serve both roles unless they have legal presence in both the UK and an EU member state.

Separate Chemical Registrations

UK REACH registration (with HSE) + EU REACH registration (with ECHA). If you are based outside both jurisdictions, you need a UK-based Only Representative AND an EU-based Only Representative — two separate appointments.

Potentially Different CLP Classifications

With the EU's adoption of new hazard classes that the UK has not implemented, some products may require different CLP labels for the UK market versus the EU market. Sellers need to maintain separate label artwork and classification documentation for each jurisdiction.

Separate Packaging EPR Registrations

UK pEPR registration is entirely separate from EU member state packaging EPR registrations. Budget for both.

The Cost of Dual Compliance

The cost of maintaining separate compliance programs for the UK and EU is significant. Budget for dual Responsible Person fees, dual Only Representative fees (if applicable), dual product notification costs, separate labelling artwork and print runs, and the administrative burden of monitoring two sets of regulations. For small businesses, this dual compliance cost may influence whether it is commercially viable to sell in both markets — some sellers have chosen to focus on one market to reduce complexity and cost.

10. Compliance Checklist

UK Market

• Appoint a UK-based Responsible Person (cosmetics) or confirm UK-based importer/distributor
• Verify UK REACH compliance — check if substances require UK REACH registration and appoint a UK-based Only Representative if needed
• Classify and label products under UK CLP (note: UK has NOT adopted EU's new hazard classes)
• Submit poison centre notifications to UK NPIS (separate from ECHA)
• Notify cosmetics products via SCPN portal
• Confirm CE or UKCA marking (CE still accepted for most products in GB)
• Register for UK packaging EPR (pEPR) if placing packaging on the UK market
• Comply with UK General Product Safety Regulations 2005 (not the EU GPSR)
• If selling in Northern Ireland, apply EU rules for goods under the Windsor Framework

EU Market

• Appoint an EU-based Responsible Person (cosmetics) and/or EU Authorised Representative (GPSR)
• Verify EU REACH compliance — confirm existing registrations with ECHA and appoint an EU-based Only Representative if needed
• Classify and label products under EU CLP — including new hazard classes (endocrine disruptors, PBT, vPvB, PMT)
• Submit poison centre notifications to ECHA portal with UFI codes
• Notify cosmetics products via CPNP portal
• Apply CE marking for relevant product categories
• Register for packaging EPR in each EU member state you sell into
• Comply with EU GPSR 2023/988 — including AR requirements, traceability, and marketplace obligations
• Apply the expanded 80-allergen labeling for cosmetics (from July 2026 for new products)

Both Markets

• Maintain separate label artwork for UK and EU if CLP classifications or allergen declarations differ
• Monitor both UK and EU regulatory updates — divergence is ongoing and accelerating
• Budget for dual Responsible Person / Authorised Representative fees
• Budget for dual Only Representative fees (if based outside both UK and EU)
• Keep separate compliance documentation files for each market
• Review Northern Ireland obligations if your UK distribution includes NI
• Reassess annually — as the two regimes diverge further, new differences will emerge

11. Common Mistakes

Assuming UK and EU Rules Are Still the Same

This is the most dangerous assumption in post-Brexit compliance. While UK law was initially a carbon copy of EU law, the two regimes are actively diverging. The EU has adopted new CLP hazard classes, a new GPSR, expanded allergen labeling, and ongoing updates to REACH restrictions — none of which automatically apply to the UK. Treating UK and EU compliance as a single program will leave gaps in one or both markets.

Using an EU Responsible Person for UK Compliance

An EU-based Responsible Person does not satisfy UK requirements. The UK Cosmetics Regulation requires a Responsible Person established in the UK. Similarly, an EU-based Authorised Representative under the EU GPSR has no legal standing in the UK. Each market requires a locally established representative.

Not Registering Under UK REACH Separately

An existing EU REACH registration with ECHA does not cover the UK market. If you manufacture or import chemical substances or mixtures into the UK above the relevant tonnage thresholds, a separate UK REACH registration with HSE is required. The phased deadlines (2027/2030/2033) mean this is not a distant obligation — preparation should be underway now.

Applying EU GPSR Requirements to the UK Market

The UK has not adopted the EU GPSR (Regulation (EU) 2023/988). Sellers who apply EU GPSR requirements to their UK operations are not wrong to exceed the minimum — but they should understand that the UK's requirements under the retained General Product Safety Regulations 2005 are different and in some cases less demanding. Conversely, assuming UK compliance is sufficient for the EU market will result in non-compliance with the EU GPSR's AR, traceability, and marketplace obligations.

Ignoring Northern Ireland's Special Status

Northern Ireland follows EU rules for goods under the Windsor Framework. Sellers who treat the entire UK as a single regulatory zone risk non-compliance in NI. Products placed on the Northern Ireland market must carry CE marking (not UKCA for relevant categories), comply with EU CLP, and meet EU product safety requirements. The "Not for EU" labeling requirement for certain goods moving from GB to NI adds another layer that many sellers overlook.