4 minute read
The Brexit factor
he UK left the European Union on 31 January 2020 with a deal known as the Withdrawal Agreement. How does this affect the compliance and sales of cosmetic products in the EU and the UK? Initially, nothing changes. After Brexit took place, we stepped into a transition period, which began on 1 February and will last until 31 December 2020. There is a possibility of the transition period being extended for up to two years, but currently, the UK government has no intentions to do so.
During the transitional period, it is business as usual, but the EU and the UK will try to agree on future trade relations and the UK will have to establish a new regulatory framework. This period of time can also be used by the industry to prepare for compliance with the new UK regulations. T
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Until the end of this year, the EU Cosmetics Regulation 1223/2009 will continue to apply to the UK. This means that the CPNP (Cosmetic Product Notification
TJAŠA GRUM of CE.way outlines what you need to know if you are selling cosmetic products in the EU and the UK.
Portal) notifications and the EU RP (responsible person) are still valid for the UK as well, and the UK RPs can still act as the EU RPs. However, at the end of the transition period (probably 1 January 2021), the future UK legislation will become applicable. This legislation
is still in the making, but it will probably share many similarities with the EU Cosmetics Regulation. It may also include certain points from the drafted ‘no deal’ UK legislation, which was prepared for the event of ‘no deal’ Brexit and is therefore not applicable anymore.
After the transitional period, companies that want to sell their products in the UK will have to: • Set up a UK-based responsible person • Keep the product information file available at the UK RP address • Do the UK notification • Update the label with the UK responsible person’s name and address >
• Update the label with the country of origin if products are made outside of the UK (e.g. for products made in the EU, the specific country of origin has to be stated).
Timelines
What are the timelines to appoint the UK RP, make the UK notification and update the labels? – UK RP will have to be appointed at least until the end of the transitional period – UK notification will have to be done in up to three months after the end of the transitional period – Labels will have to be updated in up to two years from Brexit.
However, it is important to add that the UK legislation hasn’t been published yet and negotiations are still taking place, so nothing is certain yet.
Companies selling their cosmetic products in the EU27 Member States must continue to comply with the EU Cosmetic Regulation 1223/2009.
After the transitional period, the UK-based RPs will no longer be able to act as the EU RPs. Therefore, companies that want to continue selling their products in the EU will have to: • Set up a responsible person based in the EU • Keep the product information file available at the EU RP address • Transfer the current CPNP notification to the new EU RP account or re-notify the products • Update the label with the EU responsible person name and address • Update the label with the country of origin if products are made in the UK. CE.way set up a subsidiary in the UK last year, so that it can provide the UK RP service and can do UK product notifications, once the UK notification portal becomes operational. PB
Tjaša Grum has a Bachelor’s degree in Cosmetic Science and a Master’s degree in Biochemistry from the University of Ljubljana, Slovenia. She is a Regulatory Consultant at CE.way Regulatory Consultants Ltd, which offers regulatory and testing services for cosmetic products.
tjasa@ceway.eu
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