Update 19 February 2019
- If we leave on WTO terms then access to EU CPNP products registered by UK companies will be restricted from 30th March 2019
- Access to the EU CPNP, so far, is not restricted by geolocation
- The UK has its own CPNP which will be up and running ‘soon’
- The UK CPNP is in beta test mode now – when it’s ready BEIS/OPSS will release the website address
- All cosmetic products sold in the UK must be registered on the UK CPNP with a UK-based Responsible Person
- This Responsible Person must be in place by 29th March 2019
- There is a 90 day grace period from 29th March 2019 within which products can be registered on the UK CPNP
- UK-based Responsible Persons will not have access to the EU CPNP from 29th March 2019 11pm
- UK-based Responsible Persons can change the RP details of their products to be EU RPs until 29th March 2019 11pm
- If UK-based Responsible Persons do not change the RP details of their products by 29th March 2019 11pm then the data is lost
- If we leave on WTO terms then sales to the EU will incur WTO tariffs (0% majority of cosmetics, 6.5% shaving products, deodorants/antiperspirants, bath salts/bath preparations)
- Labels will need to include UK RP details and EU RP details with a two year grace period – products already placed on the market can stay as they are
- NB: The EU definition of ‘placed on the market’ does not mean ‘available for sale’ – please email us for the EU explanation pdf
- The PIF must be in the language of the EU RP’s country – for English then Ireland remains the only option
These papers are particularly important for non-UK businesses (or non-UK based responsible person) exporting goods to the UK market. The most relevant paper for the cosmetics industry is:
- Appointing nominated persons to your business if there’s no Brexit deal: specifically mentions the Cosmetics Regulation and clarifies that
“For cosmetics, responsible persons based in an EU country will no longer be recognised by the UK after March 2019 (Regulation (EC) N° 1223/2009 is the main EU legislation covering cosmetics and covers the role of the responsible person). Businesses wishing to place cosmetics on the UK market will need to appoint a UK-based responsible person. This is due to specific legal duties assigned to the responsible person and their importance on ensuring the safety of products placed on the market.”
For companies worldwide wishing to place their products on the market in the UK, we offer Responsible Person services, as well as our standard CPSR services.
For companies worldwide wishing to place their products on the market in the other EU countries, we offer Responsible Person services as our sister company, Oxford Éireann, based in Cork, Ireland.
Oxford Éireann ensures that companies remain compliant with both UK and EU laws.
EU Referendum outcome does not change UK cosmetics laws
24 June 2016 CTPA
Following the outcome of the Referendum on the United Kingdom’s status in the European Union, CTPA would like to reassure its members, the cosmetics industry at large and of course our millions of consumers that the UK decision to leave the EU does not alter the strict safety laws that govern our cosmetic products.
The UK as of now is still a full member of the EU and the current legal structure will stay unchanged for the time being – indeed, the process of transitioning will take years. For our cosmetics sector, it means that all existing laws, regulations and guidelines remain in place exactly as they did before the vote – nothing changes. In particular, it means that all of the cosmetics sold in the UK must continue to comply fully with the European Cosmetic Products Regulation, including requirements relating to safety, labelling and the ban on animal testing. Consumers may have concerns about the ban on animal testing, but we would like to stress that the UK cosmetics industry voluntarily abandoned animal testing seven years ahead of the EU-wide ban, so you can be assured this is not going to change.
The European Cosmetic Products Regulation is seen globally as a success and many other jurisdictions across the world look to it for inspiration. It will remain a passport for trade.