What are the changes affecting the Responsible Person after Brexit? As of January 1, 2021, the United Kingdom has become a third country; some important regulatory changes have therefore taken place. Let’s see them together.

Responsible Person

As required by Regulation (EC) No. 1223/2009, a cosmetic product can be placed on the EU market only if the physical or legal person designated as responsible person is based within the EU. The responsible person must ensure the compliance and safety of this product in order not to incur the penalties provided for by the Regulations.

Until 31 December 2020 this principle was of course also applied to products originating in the United Kingdom.

What is changed after Brexit

After Brexit, from January 1, 2021, the United Kingdom became a third country; therefore some important regulatory changes have taken place:

• In order to sell a cosmetic product on the UK market, this product must have a responsible person established in the UK. If the same product is also sold in the EU, it must also have a responsible person in the EU.
• The UK-based manufacturer can be the responsible person for his products only if the products are not exported and re-imported to the UK prior to sale.
• For products imported into the UK, the responsible person can always be the importer only if he is based in the UK.
• The responsible person can be a third person based in the UK appointed by the manufacturer or importer, only if this third person accepts the assignment in writing.
• If the manufacturer is based outside the UK, but the product is manufactured and sold in the UK (without exporting and re-imported to the UK), the manufacturer is required to appoint a third person based in the UK as the responsible person.
• If a product is manufactured on behalf of third parties (private label) and intended for the UK market, the company that appears on the label can play the role of responsible person if it is based in the UK.

UK: new cosmetic regulation coming soon

We also remind you that the UK can no longer apply Regulation (EC) No 1223/2009 and that it is currently developing its own cosmetic regulation: contact us to find out more.