REGULATORY BREXIT REVIEW
by a national authority. Once this has happened, it is too late for the correct RP to be put in place.
Other obligations include completing the EU CPNP (or the SCPN in the UK) notification, compiling and holding the Product Information File (PIF), and listing its name and address on the product packaging. To help companies gain regulatory compliance and continuous access to both the EU and UK markets without having to deal with multiple service providers, MSL Solution Providers is able to offer a dual Responsible Person service. It has a wholly owned subsidiary business in Dublin, Ireland, enabling it to act as the EU RP for UK businesses, whilst its Greater Manchester-based UK HQ means the team can also act as the UK RP for EU businesses wishing to trade within the UK too.
UK Notification Database When the UK Cosmetic Regulation came into force on 1 January 2021, it brought with it some significant changes in the way products are regulated in the UK, one being the introduction of the UK’s new ‘Submit Cosmetic Product Notifications’ (SCPN) portal. The vast majority of the industry had not had previous access
to the system before it went live and were subsequently faced with getting to grips with using it for the first time during the 90-day transitional window for UK notifications. Fortunately, some initial teething problems aside, the UK SCPN has been a good system to use and The Office for Product Safety and Standards (OPSS), which runs the portal, has been quick to answer any questions, making changes to the system to correct issues and add functionality. However, as the portal launched as an ‘incomplete’ system, key functionality remains missing. This is well understood by OPSS, which has a road map in place for development. Nevertheless, some of these problems made the initial 90-day window difficult for many companies, particularly those who were ill prepared for the changes that came into force on 1 January 2021. From the EU’s perspective, official rules have not changed. However, the UK’s relationship to them has and this has led to various problems.
CPNP Notifications
Despite being advised that the EU CPNP (Cosmetic Product Notification Portal) would deactivate UK entities after 31 December 2020, some
businesses were not prepared for their access to products notified by a UK-based Responsible Person (RP) to be removed from the EU system. For these products, a full re-notification by an EU-based entity has been required. In addition, there were issues with the access removal carried out by the CPNP administrators. For example, access to some ‘sub-entities’ in the EU CPNP were incorrectly removed, due to their link to a UK address. However, these were quickly resolved.
Customs Issues As a third country, the UK is now subject to customs requirements, which involves much more bureaucracy than before. Take Portugal, for example. According to Article 22 of the Decree Law 189/2008 of 24 September, importers of cosmetic products in the Portuguese market must supply to the customs authorities in Portugal-specific documentation that will allow for the goods to be cleared. To submit a legal request for a document of conformity, there is a group of papers/information that is required to be submitted to the Portuguese National Authority of Medicines and Health Products (INFARMED). This includes: 1. Current form for requesting a document of conformity, duly completed, in Word format:
ORANGE SQUARE: A CASE STUDY
According to research, in early December 2020, despite the exhortations from ministers, companies across every significant sector said that they could not finalise their Brexit planning because the terms of future trade remained opaque. Orange Square, a leading distributor of luxury niche fragrance, faced
such challenges. Partnering with MSL Solution Providers, a specialist supplier of regulatory and Responsible Person services to the cosmetics and personal care industry, MSL Solution Providers was able to advise on the impact of the UK’s withdrawal from the EU and proactively work with them to put into place all the necessary solutions. In this case, MSL has taken on the role of the UK Responsible Person and has processed the notifications on the UK SCPN. Tracy Munro, Operations Director at The Orange Square Company, comments: “Brexit presented a number of complex planning challenges for us as a business. Lack of clarity on the regulatory detail right up to the point the transition period expired added to this problem. We needed somebody living and breathing the anticipated regulatory changes who could provide some clear guidance and practical hands-on support. The experts at MSL did just this for us, explaining in clear, uncomplicated language what steps we needed to take to stay compliant. We have been extremely impressed with the MSL team – its experience and knowledge has been invaluable.”
46 June 2021
• Identification (name, address, telephone and email) of the importer;
• Identification (name) and direct contacts (phone and email) of the responsible technician;
• Identification (CPNP reference, full name and manufacturing batch number) of the cosmetic products to be imported.
2. Written mandate with clear and unequivocal identification of the importer, Responsible Person, and cosmetic products to be imported, dated and signed by both.
3. Declaration, duly dated and signed by the importer and responsible technician, whereby the importer declares that he is assisted by the responsible technician, who, in turn, declares that, regardless of the link to the importer, assumes jointly and severally the responsibility for complying with the provisions in Decree-Law No. 189/2008, of 24
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