The impact of Brexit on cosmetics: a notice from the European Commission
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On 29 November 2018, the European Commission published a notice to encourage all interested parties, and especially economic operators, to get prepared to the legal repercussions of the withdrawal of United Kingdom from the Union. It is not just a matter for EU and national authorities but also for private parties, highlights the text, which focuses on the new rules in the field of cosmetic products.
This notice first reminds that the United Kingdom submitted on 29 March 2017 the notification of its intention to withdraw from the Union pursuant to Article 50 of the Treaty on European Union. This means that, unless a ratified withdrawal agreement establishes another date, all Union primary and secondary law will cease to apply to the United Kingdom from 30 March 2019, 00:00h (CET) (‘the withdrawal date’). The United Kingdom will then become a ‘third country’.
In view of the uncertainties surrounding the ratification of the Withdrawal Agreement, all interested parties, and especially economic operators, are reminded of legal repercussions, which need to be considered when the United Kingdom becomes a third country.
Subject to the transition period provided for in the draft Withdrawal Agreement, as of the withdrawal date, the EU rules in the field of cosmetic products, in particular Regulation (EC) No1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products, no longer apply to the United Kingdom. This has in particular the following consequences for cosmetic products placed on the EU market as of the withdrawal date.
According to Article 4 of Regulation (EC) No1223/2009, only cosmetic products for which a legal or natural person is designated within the EU as ‘responsible person’ shall be placed ...