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The Statutory Instrument (SI) Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019, which includes the UK Cosmetics Regulation within Schedule 34, was issued last year to provide a UK regulatory regime for non-food goods should the UK have left the EU without a Withdrawal Agreement (WA). Therefore, this SI was initially in place for a ‘no deal’ Brexit.
On 2 July, the UK Government Department Office for Product Safety and Standards (OPSS) announced the entry into force of the same SI from 1 January 2021; we therefore have confirmation that the UK legislation that was published for a ‘no deal’ Brexit is not expected to change in the current context.
However, a series of SIs have been published to implement technical modifications and make the Product Safety and Metrology SI suitable to the context where the UK left the EU with a WA. More information is below.
- “Extent & Meaning of the Market” - The Product Safety and Metrology etc. (Amendment to Extent and Meaning of Market) (EU Exit) Regulations 2020 – SI – 676: The Product Safety and Metrology etc. (Amendment to Extent and Meaning of Market) (EU Exit) Regulations 2020. This SI ensures that the Product Safety and Metrology is only applicable in Great Britain (GB), according to the provisions under the Northern Ireland (NI) Protocol. This means that the obligations for cosmetics under Schedule 34 of the SI is only applicable to GB and not NI.
- “Exit Day” - The Product Safety and Metrology (Amendment) (EU Exit) Regulations 2020 (currently being sifted): The Product Safety and Metrology (Amendment) (EU Exit) Regulations 2020. This SI changes references to “Exit day” to “Implementation Period completion day”, which is 31 December 2020.
More details will be made available in the updated CTPA Brexit advice page ‘Planning for What's Next’, where a new unofficial consolidated version of the UK Cosmetics Regulation will also be uploaded.
For more information on the NI Protocol, please check this news item.
