UK REACH: Post-Brexit Chemical Regulation and Compliance

On 10 April 2025, the Environmental Audit Committee (EAC) of the UK Parliament launched a new inquiry to investigate the environmental and health risks posed by per- and polyfluoroalkyl substances (PFAS), often referred to as “forever chemicals”. The inquiry will also assess the robustness of the UK’s current regulatory approach to managing these substances.

Why PFAS Are a Concern

PFAS are widely used in consumer products such as waterproof clothing, non-stick cookware, cosmetics, and food packaging due to their resistance to heat, water, and grease. However, these substances are highly persistent in the environment and in the human body. Scientific studies have linked PFAS exposure to:

• Reduced fertility and developmental issues.

• Certain cancers.

• Hormone disruption.

• Immune system suppression.

Their widespread use and long-lasting nature have led to growing public and political concern in the UK and around the world.

Objectives of the Inquiry

The EAC inquiry will examine:

• The extent and sources of PFAS contamination in the UK.

• The current capabilities of UK regulators to detect, monitor, and manage PFAS risks.

• The adequacy of existing laws and guidance on the manufacture, use, and disposal of PFAS.

• How the UK’s regulatory approach compares with that of other jurisdictions, particularly the EU and the US.

Call for Evidence: What Submissions Should Cover

The Committee invites written submissions from stakeholders, including scientists, regulators, industry representatives, environmental groups, and members of the public. Submissions may address:

• The extent of PFAS use in the UK and in specific sectors.

• Known or potential environmental and health impacts of PFAS.

• The effectiveness of the current UK regulatory controls (including REACH under UK law).

• Challenges in monitoring PFAS in the environment and in consumer products.

• The role of alternatives and opportunities for phase-out or substitution.

• International best practice that could inform UK regulation.

• Public awareness and risk communication of PFAS exposure.

Deadline for Submissions

Written submissions must be received by 17:00 BST on Monday, 26 May 2025. Full details and the submission portal are available on the UK Parliament website here.

On 10 March 2025, the UK Department for Environment, Food & Rural Affairs (DEFRA) launched two public consultations on proposed exemptions under the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 (RoHS) in Great Britain (England, Scotland and Wales). Stakeholders are invited to submit comments by 4 May 2025.

About the RoHS Regulation

The RoHS Regulation restricts the use of certain hazardous substances in electrical and electronic equipment (EEE) placed on the market. Originally derived from EU legislation, it aims to reduce the environmental and health risks posed by substances such as lead, mercury, cadmium, and certain flame retardants.

Under the UK RoHS framework, industry can apply for exemptions to allow the use of restricted substances above the specified limits if certain criteria are met. Applications are assessed through a formal evaluation process and, if granted, exemptions apply to the whole - not just the applicant.

Consultation 1: Lead in Engine Control Units

The first consultation concerns a proposed renewal of an exemption allowing the use of lead in solder used in sensors, actuators, and engine control units (ECUs) for combustion engines. The applicant argues that no reliable alternatives are currently available for these components. If granted, the exemption would be valid until 1 January 2027 and would allow the introduction of approximately 0.123 kg of lead per year into the GB market. The consultation is available here.

Consultation 2: Mercury in Discharge Lamps

The second consultation concerns a request for an exemption for the use of mercury in certain discharge lamps designed for special purpose applications. Mercury is currently restricted under RoHS due to its toxicity, but exemptions may apply where no viable alternatives exist, particularly in specialised lighting systems. The consultation can be accessed here.

These consultations are part of DEFRA’s statutory duty to assess requests for exemptions and to ensure that any continued use of restricted substances is technically justified and time-limited. Industry stakeholders, environmental organizations, and other interested parties are encouraged to provide evidence-based feedback. Comments can be submitted until 4 May 2025 via DEFRA’s consultation portal here.