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2020-11-25

How will Brexit affect your products?

The full consequences and implications of Brexit are still unknown and being worked out. It is however clear that it will require actions to some extent from Brand-owners selling their products on the UK-market. At Paragon Nordic we do our best to keep you updated and offer our assistance in the transition.

We would like to encourage you to have an open dialogue with us around this, which of your products are sold on the UK market and how/ if you wish us to assist you in this process. Much is yet to be decided but below you will find an update on the situation as of now relating to products under cosmetic or biocide regulations alternatively under CLP.

Background

Since 1 February 2020, the GB has withdrawn from the EU. The ‘withdrawal agreement’ provides for a transition period ending on 31 December 2020. As of 1 January 2021 there will be broad and far-reaching consequences, regardless of the outcome of ongoing Brexit negotiations. Stakeholders must make sure they are ready for them.

Aerosols

For Aerosol products the reversed epsilon used with in EU on Aerosol products will have to be replaced for the UKCA (UK Conformity Assessed) marking for all products placed in UK. This is a new UK product marking that will be used for goods being placed on the market in Great Britain (England, Wales and Scotland).

 

Transition time:

  • After 31 December 2020 aerosols sold in UK can carry either the reverse epsilon or the UKCA mark until 31st December 2021;
  • After 31 December 2021 all aerosols sold in GB must carry the UKCA mark. This mark can be applied as a sticker until 31st December 2022, if this is easier for marketers.

Where to find more information?

https://www.gov.uk/guidance/using-the-ukca-mark-from-1-january-2021

 

How can Paragon Nordic Help you?

Paragon Nordic will be updated in UK regulation for Aerosol products and the outcome of Brexit.  If you request it, Paragon will assist with;

  • Artwork control to ensure that labelling of products are according to requirements - UKCA mark.

Cosmetic products

As of the end of the transition period, the EU rules in the field of cosmetic products, in particular Regulation (EC) No 1223/2009 on cosmetic products, no longer apply to the United Kingdom. Cosmetic products shall after 1 Jan 2021 follow UK cosmetic regulation. This means that in the short term (at the end of the transition period) UK law will be constituted of retained EU law, therefore a mirror image of EU law, with some differences in some mechanisms that depend on the UK Government structure and on the outcome of the negotiations.

The responsibility to assure compliance of UK regulation is under the Responsible Person. Note that that current distributors bringing cosmetics into the UK market from the EU/EEA will become importers and their responsibilities will change. 

The exact details are not yet worked out, but the key actions from Brexit concerning the cosmetic regulation for companies who want to continue to sell products in UK are at the moment;

  1. Set up a UK responsible person
  2. Update the label with name, address of the RP in UK and country of origin .As per Article 19 of the UK Cosmetics Regulation draft SI, products with an EU address, but no UK address, on pack can be made available on the UK market for 24 months after Exit day, 1Jan 2021.
  3. Register the products into UK portal (this can be done from the established registration in CPNP -the UK system is not available today). Existing products à notifications from EU CPNP must be notified within 90 days from 1 January 2021.
  4. Assure that PIF and safety assessments are translated to English and that qualifications at safety assessor are confirmed in UK.  If Paragon Nordic has established PIF (including safety assessment) the documentation are written in English and Paragon can confirm confirmed qualifacations for safety assessor. The documentation established by paragon Nordic are valid, assuming that UK regulation does not add any additional requirements.

How can Paragon Nordic Help you?

Paragon Nordic will be updated in UK regulation for cosmetics and the outcome of Brexit.  If you request it, Paragon will assist with;

  • Artwork control to ensure that labelling of products are according to requirements.
  • Registration in UK portal, including transfer of existing products from CPNP.
  • Establish PIF including safety assessments valid for UK
  • When developing products for UK market ensure that Ingredients restrictions/bans/assessments are compliant to UK regulation.
  • Paragon Nordic as Downstream Users, as defined in REACH regulation, will assure compliance to REACH regulation based on the outcome of negotiation due to Brexit.
  • Paragon Nordic will also work with suppliers of raw materials and registrations so that all parts of the supply chain are compliant with regulations.

Where to find more information?

Information and updates of the outcome can be found at Cosmetic, Toiletry and Perfumery Association Ltd. https://www.ctpa.org.uk/brexit-advice?pageid=516 and at Europakommissionen, Taxation and Customs Union, Withdrawal of the United Kingdom from the EU

 

Continue to sell Products regulated according to CLP in UK?

The transition period ends on 31 December 2020. From 1 January 2021, the European Union (EU) CLP Regulation will be replaced in Great Britain by retained EU law – the UK CLP Regulation.

Businesses based in Great Britain (England, Scotland and Wales) that place chemicals (substances and mixtures) on the UK market will have to comply with the UK CLP Regulation.

 

Current distributors placed in UK bringing substances and mixtures regulated according to CLP, after 31 December 2020, into the UK market from the EU/EEA will become importers and their responsibilities will change. 

  • You must now classify (identify hazardous properties), label and package the substances and/or mixtures you want to place on the UK market according to UK CLP before placing them on the UK market.
  • Labels must be in English but other additional languages are also permitted
  • Check for UK mandatory classification and labelling (GB MCL) in the UK mandatory classification and labelling list and apply them as needed.
  • Submit information about hazardous mixtures you place on the market to the National Poisons Information Service (NPIS) on a voluntary basis.

Note that UK will not be part of the European portal via ECHA.

The main duties on UK-based businesses i.e. manufacturers, importers, downstream users and distributors (“suppliers”) to classify, label and package the chemicals (substances and mixtures) they place on the market under the UK CLP Regulation will stay the same.

 

Biocides

From 1 January 2021 applications to make biocidal active substances and products available on the UK market must be submitted to HSE. How HSE will process these applications is currently being finalised.

The Health and Safety Executive (HSE) will act as the competent authority for Great Britain.

From 1 January 2021, if you wish to apply for an active substance to be approved, or for a biocidal product to be authorised in UK, you will need to apply to HSE instead of the European Chemicals Agency (ECHA).

Active substance approvals and new biocidal product authorisations will be specific to Great Britain.

 

List of approved active substance suppliers (Article 95 list)

A UK version of the EU list of approved active substance suppliers (the ‘Article 95’ list) will be established. The list will mirror the EU list at the point when the transition period ends and will operate in the same way.

 

How can Paragon Nordic Help you?

Paragon Nordic will be updated in UK regulation for CLP and Biocides and the outcome of Brexit.  If requested, Paragon will assist with;

  • Control classification, labelling and packaging requirements according to UK CLP
  • Check for UK mandatory classification and labelling (GB MCL) in the UK mandatory classification and labelling list and apply them as needed.
  • Assist with submitting information about hazardous mixtures you place on the market to the National Poisons Information Service (NPIS).

Where to find more information?

https://www.hse.gov.uk/brexit/clp.htm

https://www.hse.gov.uk/brexit/biocides.htm

We would like to encourage you to have an open dialogue with us around this, which of your products are sold on the UK market and how/ if you wish us to assist you in this process.

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