Prepare for a no deal and be prepared for all scenarios
The 29th of March 2019 may introduce the greatest challenge to the EU & UK cosmetics industry since the introduction of the Cosmetics Regulation (1223/2009) in July 2013. As the UK prepares for Brexit all industries are scrambling to understand the possible changes to the regulatory environment and develop suitable contingency plans. The EU cosmetics industry is no different. While the final outcome of Brexit negotiations remains uncertain, it is anticipated that the UK will leave the EU on 29th March 2019, where new UK legislation will replace the existing EU Cosmetics Regulation EC 1223/2009 within the UK.
Several potential post-Brexit scenarios are emerging which can be used as starting points to build strategic plans for different business types. As illustrated below, three possible outcomes of the Brexit negotiations are foreseen: the UK leaves the EU with a deal; the UK leaves with no deal; or Brexit is aborted and the UK does not leave the EU. With respect to Cosmetics Industry Regulation, the likely key difference between Brexit with a deal or no deal is simply that a deal will provide a transition period from 29th March 2019 to the end of December 2020. A no deal scenario means no transition period and the full ramifications of Brexit would come into force on 29th March 2019.
The Necessary Changes
Several post-Brexit scenarios are emerging, as illustrated below. The UK leaves the EU with a deal; the UK leaves with no deal; or Brexit is aborted and the UK does not leave the EU.
Possible Brexit Outcomes:
It is imperative that affected businesses understand that similar actions will be required whether a Brexit deal is agreed or not – but no deal means there will be no transition period and a much greater risk of sudden problems after 29th March 2019 – therefore it is better to be prepared now.
A further point to note is that for products placed on the EU market after Brexit without a valid RP (which would then include UK RP’s) the EU importer would take on the role of RP. This means the importer would take on the associated liabilities and be able to request significant amounts of, potentially confidential, data to undertake their duties.
Two of the main aspects to consider are CPNP Notification transfers and the Responsible Person and both aspects will have different requirements depending on where you trade. Find out more about your companies position:
We can help businesses to understand the changes in legislation and can guide them through, if you have any questions or concerns, please contact Alex Fotheringham – Brexit@msl.io