Brexit impact on cosmetic compliance – IL 077

The United Kingdom (UK) formally left the European Union (EU) on January 31, 2020.

Northern Ireland and Great Britain will follow different routes to maintain a cosmetic regulation in their respective territory.

Northern Ireland (NI) will continue to apply European Cosmetic regulation (EC) No 1223/2009, to cosmetic products manufactured or sold in NI, as mentioned under the provisions outlined in the Annex II of the NI Protocol.

Great Britain (GB) will operate differently, and the EU Cosmetic Regulation (EC) No 1223/2009 has been duplicated into the UK Cosmetics Regulation (UKCR) with some adaptations related to labelling, language of the Product Information File and notification to the UK portal. It can be found within Schedule 34 of the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 Statutory Instrument (SI).

This regulation will apply from the 1st of January 2021.

What actions have to be taken to continue selling in GB?

The table below summarizes the actions to be taken to be able to continue selling cosmetic products in GB, and the deadlines to comply with these requirements.

 Actions to sell in GBDeadline
Responsible PersonSet up a GB RP01/01/2021
Labelling*GB RP name and address + country of origin if the product is made outside of the UK01/01/2023
Notification Existing productsTransfer the CPNP notifications into the UK portal31/03/2021
Notification New productsNotification by the GB RP in the UK portalBefore placing the product on the market
Product Information FileMust be available in English01/01/2021
Safety assessor qualificationsMust be recognized by the UK authorities01/01/2021
Distributors becoming importersEnsure a mandate is put in place with the GB RP01/01/2021

*Specific labelling for aerosols:

UKCA (UK Conformity Assessed) mark will substitute the CE mark in the UK. It will not only apply for products that currently bear the CE mark, but also to aerosol cosmetic products. In that case, it will replace the reversed epsilon mark (З), as set out in Schedule 13 of the Product Safety and Metrology (UK Aerosols Regulation).

This new requirement will come into force on the 1st of January 2021 with the following transition periods and conditions:

  • From the 1st of January 2021 aerosols sold in GB can carry the reverse epsilon and/or the UKCA mark until the 31st of December 2021;
  • From the 1st of January 2022 all aerosols sold in GB must carry the UKCA mark;
  • The UKCA mark can be applied on a sticker until the 31st of December 2022;
  • The UKCA mark is at least 5mm in height;
  • Self-certification system with no need of a third-party verification (identical as the current rules under the EU Aerosol Dispenser Directive);
  • Aerosols sold in NI must continue to carry the reverse epsilon (as NI follows EU regulations);
  • The presence of the reverted epsilon will not be prohibited.

There could be specific actions to take to continue selling in the EU.

If you manufacture your product in GB and/or your current responsible person is in GB, then you have additional requirements to continue selling in the EU. The table below summarizes these actions, and the deadlines to comply with these requirements.

 Actions to sell in the EUDeadline
Responsible PersonSet up an EU RP01/01/2021
LabellingEU RP name and address + country of origin of the product is made outside the EU (including the UK)01/01/2021
Notification Existing productsCPNP notification under an EU RP01/01/2021
Notification New productsCPNP notification by the EU RPBefore placing the product on the market
Product Information FileMust be in the language of the EU member state where the RP is located01/01/2021
Safety assessor qualificationsMust be recognized by the member state authorities01/01/2021
Distributors becoming importersEnsure a mandate is put in place with the EU RP01/01/2021

What about products already on the EU / UK market?

Goods placed on the EU or UK markets before the 1st of January 2021 may be further made available and circulate between the two markets until they reach the end consumer.  However, a proof of when the products were placed on the market shall be available and provided upon request. 

How will the EU and UK regulations evolve?

Any regulatory update published in the EU Official Journal up until the 31st of December 2020 will be automatically implemented into the UK law. Publications after the 1st of January 2021 will be carried out independently by the UK.


BIORIUS will gladly assist you with all the essential actions to comply with EU and UK requirements.

For more information, please check our Brexit website.

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