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Products EU > UK & EU Market

Brexit Planning – Selling Products from EU into the UK & EU Market

New UK Legislation

A draft version of the new UK Cosmetic Regulation was published in December 2018, and is expected to be reviewed by the UK Parliament in February 2019. Key aspects to be taken into account are:-

  • Article 4 – the requirement for a UK-based Responsible Person.
  • Article 11 – the requirement for a UK-held Product Information File.
  • Article 13 – the requirement for products to be notified on a UK Web Portal.
  • Article 19 – the requirement to have the products labelled with the UK Responsible Person details.

The following sections discuss each of the above in the context of how they could apply to different businesses and what actions may be required.

It is noted that this article only discusses the regulatory aspects of Brexit relating to EC 1223/2009 – other impacts from changes to trading tariffs, customs rules, transport and other chemical or finance regulations, etc may also become relevant to those companies trading across the new UK / EU border.

CPNP Notifications

Preparations are underway for the UK equivalent to the existing EU CPNP (Cosmetic Product Notification Portal) where every Cosmetic product must be notified. This new system, developed by BEIS (Department for Business, Energy & Industrial Strategy), is not intended to be a direct copy of the existing EU system and is likely to have significant differences, at least upon initial release. Due to the tight timelines the current focus is to have a basic workable system ready for the 29th of March 2019 should it be needed in a no-deal scenario.

In the event of a no-deal scenario cosmetic products intended to be placed on the UK market:

  1. Which already have an EU CPNP notification will need to have a notification on the new UK CPNP within 90 days after the 29th of March 2019.
  2. Which have not previously been notified on the EU CPNP will require a notification on the new UK CPNP before placing on the market.

This is one of the timelines which makes correct risk assessment and contingency planning so important. If this is left to the date of withdrawal then a business has 90 days to undertake the following:

  • Set up a UK legal entity or mandate your UK Responsible Person duties to a UK entity
  • Notify all products on the UK CPNP
  • Begin to update product packaging labels with the new RP details. It is noted that all labelling must be made compliant with the UK Regulation (including UK RP details) within 2 years after 29th March 2019.

90 days is a challenging timeline for the above and so planning in advance is a key step to being prepared for Brexit.

Scenario Planning – Understand the Impact on Your Business

The required actions post-Brexit depends on two key factors:

  1. Where your Responsible Person is located
  2. Where you sell/intend to sell your products

scenario

How can MSL help?

If you have any questions or concerns, please contact Alex Fotheringham – Brexit@msl.io