UK RP for Cosmetics

UK Responsible Person for Cosmetics

UK-based RP and RP by default

All non-UK manufacturers who wish to continue, or to start, selling their products on the Great Britain (GB) market, after January 1, 2021, must appoint a UK-based RP by that date.

This immediate requirement for an RP appointment, on 1 January, 2021, reveals that no grace period is foreseen for cosmetic products that are already in circulation on the UK market at the moment in which Brexit comes into full effect.

In the same vein as the EC Regulation 1223/2009 on cosmetics, so will the UK Draft Cosmetic Regulation provide an “RP by default” mechanism too, to ensure that, in theory, no cosmetic product on the UK market is left without an RP.

This mechanism works on the basis of making the importer the entity responsible for the products that they introduce into a new market. In this case, the commercial entities that were distributors pre-Brexit will take on the role of importer post-Brexit, owing to the fact that GB will no longer be part of the European Single Market. Therefore, a commercial entity that was distributing products will shift one place up the supply chain overnight, become an importer and, consequently, the UK RP for the products they are distributing.

In practice, however, this mechanism involves a high degree of risk for non-UK manufacturers, who might find the representation representation of their products to be left to non-professional RPs with:

• Little to no knowledge of the new regulatory requirements in the UK;
• No knowhow of representation before the competent authorities;
• No awareness of their newfound role.

To avoid these risks, it is of paramount importance that all non-UK manufacturers of cosmetic products appoint a professional UK-based RP who can advise them on the regulatory compliance of their products, notify their products and handle all aspects of representation to the authorities. In order for Obelis UK to take on this role, manufacturers must:

1. Sign an UK RP Agreement with Obelis UK;
2. Ensure that they provide Obelis UK with a list of their UK distributors, so that Obelis UK can contact the distributors and make arrangements for the delegation of the RP by default role of the distributors to the professional RP (Obelis UK).

Regulation (EC) No 1223/2009 on Cosmetic Products, as amended by the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 is the applicable law that must be met before cosmetics products can be placed on the UK market.

Read more:

☛ Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019

☛ UK Notifications will be completed towards the UK SCPN Portal (Submit Cosmetic Product Notification)

☛ Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2020

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