Withdrawal of the United Kingdom and EU rules in the field of Cosmetic Products
The United Kingdom submitted on 29 March 2017 the notification of its intention to withdraw from the Union pursuant to Article 50 of the Treaty on European Union. Following a request by the United Kingdom, the European Council (Article 50) agreed on 11 April 20191 to extend further2 the period provided for in Article 50(3) TEU until 31 October 2019.3 This means that the United Kingdom will be, as of 1 November 2019 (‘the withdrawal date’), a ‘third country’.
As of the withdrawal date, responsible persons can no longer be established in the United Kingdom. Rather:
- If the cosmetic product is manufactured in the United Kingdom, the importer in the EU-27 becomes the responsible person (by default) or can designate by written mandate another person to be the responsible person, also established within the EU, who shall accept in writing.
- The same applies if the cosmetic product is manufactured in another third country, imported into the United Kingdom and subsequently imported into the EU-27.
As of the withdrawal date, prior to placing a cosmetic product on the EU-27 market, the new responsible person in the EU-27 will have to make product notifications in the CPNP. As regards existing notifications made before the withdrawal date by a responsible person established in the United Kingdom, the CPNP offers the possibility to transfer notifications to another responsible person. Thus, a UK-based responsible person can transfer an existing notification to the future EU-27 responsible person. This EU-27 responsible person will then be able to edit the notification and complete it by adding its own required information, such as the name and address of the responsible person (Article 13(1)(b) of Regulation (EC) No 1223/2009), and the new labelling (Article 13(2) of Regulation (EC) No 1223/2009; see also the section 4 of this notice). However, this transfer in CPNP is only possible until the withdrawal date. As of the withdrawal date, the former UK-based responsible person will no longer have access to the CPNP. New responsible persons established in the EU-27 can already indicate before the withdrawal date that cosmetic products manufactured in the United Kingdom will be, as of the withdrawal date, imported into the Union from the United Kingdom as a country of origin.
As of the withdrawal date, the PIF has to be made available at the address of the responsible person in the EU-27 and adapted in terms of the language requirements of the Member State in question.
As of the withdrawal date, qualifications from the United Kingdom, which have not been recognised as equivalent by an EU-27 Member State can no longer be relied on for the purpose of fulfilling the requirements of Article 10(2) of Regulation (EC) No 1223/2009. It follows that:
- for a cosmetic product placed on the Union (EU-27) market prior to the withdrawal date: cosmetic product safety assessments carried out and safety reports drawn up prior to the withdrawal date by a safety assessor holding qualifications from the United Kingdom will remain valid.
- for any cosmetic product placed on the Union (EU-27) market as of the withdrawal date: the cosmetic product safety assessment must have been carried out and the safety report drawn up by a safety assessor who, on the date of placing on the market, fulfils the requirements of Article 10(2) of Regulation No 1223/2009, i.e. holds the necessary qualifications from an EU-27 Member State.