Conclusion

As of 1 January 2021, any product sourced from any EU/EEA country is classed as an import in the same way as a product sourced from the US, China, or Australia as examples.

Any product coming from outside of the UK is an imported product.  Under the UK Cosmetics Regulations, the importer is automatically identified as the RP.  As such, you have the responsibility for full compliance of the cosmetic product, including compliance with the formulation, safety, manufacturing, notification, documentation, labelling, claims and market surveillance requirements.  For more information, please check the CTPA Guide ‘Supplying Cosmetic Products on the UK Market’.

However:

  • If the brand has appointed a UK RP, you are still likely to be classed as an importer. You are strongly advised to liaise with the brand’s UK RP and arrange for a mandate, to shift your importer responsibilities to the designated RP.  In this way, you can be a distributor; as such, you have obligations under Article 6 of the UK Cosmetics Regulation.  For more information, please check paragraphs 30-33 of the UK Government guidance for cosmetic products.

Importers will also need to visit HM Revenue and Customs for information about what is required to fulfil their customs obligations.