REGULATIONS 37 UK RP
Sell EU only Sell in UK only
Appoint EU (27) RP
Retain current RP Transfer CPNP Prepare for UK CPNP Notifications Prepare for UK CPNP Notifications Figure 1: UK RP scenarios.
may appear to be small, they may have significant impacts on the regulation of cosmetic products in the UK and EU post- Brexit. The most notable issues raised involve
Cosmetic Product Notification Portal (CPNP) transfers, re-labelling and the requirement for a suitable ‘Responsible Person’ as a legal entity to represent UK cosmetic businesses within the EU community – and vice versa (a suitable ‘Responsible Person’ to represent EU businesses within the UK).
Responsible Person (RP) Every cosmetic product currently made available on the EU market must have a Responsible Person (RP). This legal entity must be “established within the Community”. Products intended to be sold in the UK and the EU post-Brexit will be subject to two different RP requirements EU and/or UK RP. It is clear that one entity will be unable
to fulfil both of these requirements as a legal entity can only be established in one country. This is a significant issue as the Responsible Person must: l Complete the Cosmetic Product Notification Portal (CPNP) Notification
l Compile and hold the Product Information File (PIF)
l List their name and address on the product packaging (so this will require packaging changes for all products with UK-based RPs) Importantly the RP is also responsible for ensuring the product is safe for use and
August 2020
must be able to discuss technical and safety issues with the relevant Competent Authority. This requires access to potentially sensitive information. From 1 January 2021, all UK RPs will be invalid in the EU. If a valid alternative is not arranged, then the EU importer will 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. Since UK companies will no longer be
legal entities within the EU post-Brexit, MSL Solution Providers has a wholly owned subsidiary business in Dublin, Ireland, which can take on this role. Similarly, thanks to its Greater Manchester-based UK HQ, it will be able to act as the UK Responsible Person for EU businesses wishing to trade within the UK too. It is therefore able to offer a dual Responsible Person service, helping companies gain regulatory compliance and seamless entry to both the EU and UK markets without having to deal with multiple service providers.
CPNP Notifications There is unlikely to be communication between EU and UK systems regarding notifications. In fact, the EU CPNP (Cosmetic Product Notification Portal) intends to deactivate UK portal entities after the 31 December 2020. It is imperative, then, that products which have previously been registered on the CPNP with a UK-based RP are changed to an EU- based entity before 1 January 2021. If this is not done in time, a full re-notification will be
required. After this date, new products will not be able to be registered on the EU Cosmetic Product Notification Portal (CPNP) by a UK-based RP. It is highly likely that the UK will
introduce a similar registration system to the EU CPNP, where every Cosmetic product intended to be placed on the UK market must be notified, with the support of a UK-based RP. From 1 January 2021, those: l Which already have an EU CPNP notification will need to have a notification on the new UK CPNP
l Which have not previously been notified on the EU CPNP will require a notification on the new UK CPNP before being placed on the market. Product packaging labels will also need to
be updated with the new RP details. It is noted that all labelling must be made compliant with the UK Regulation (including UK RP details) by 31 January 2021, although transitional agreements are possible.
Understanding the different impacts on businesses How these changes impact a business depend on two key factors: where its RP is based, and where it sells or intends to sell its products. The answers to these two questions result in six different scenarios.
Scenario 1: UK RP, selling only into the UK For businesses that currently have a UK Responsible Person and only sell products into the UK, there is no need to establish a new RP or update product packaging. They
PERSONAL CARE GLOBAL
Notifications to new RP
Amend packaging with new RP details
Sell in UK & EU
Retain current RP for UK Sales
Appoint EU (27) RP for EU Sales
Transfer CPNP Notifications to new RP
Amend packaging with new RP details
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80 |
Page 81 |
Page 82 |
Page 83 |
Page 84
