The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 No. 696

SCHEDULE 34 U.K. Amendment of Regulation (EC) No 1223/2009 and related amendments

PART 3 E+W+S Amendment of the Cosmetic Products Enforcement Regulations 2013

29.  The Cosmetic Products Enforcement Regulations 2013 M1 are amended in accordance with paragraphs 30 to 40. E+W+S

Commencement Information

I1 Sch. 34 para. 29 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M1 S.I. 2013/1478; regulation 7(1)(a) was amended and Schedule 2 was revoked by S.I. 2015/1630.

Amendment to regulation 2 E+W+S

30.  In regulation 2 (interpretation)—

(a) in the definition of “the EU Cosmetics Regulation” omit “EU”;

(b) in the definition of “officer” omit “EU”;

(c) omit paragraph (2);

(d) in paragraph (3) omit “EU” in both places in which it occurs.

Commencement Information

I2 Sch. 34 para. 30 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment to regulation 3 E+W+S

31.  In regulation 3 (revocation and savings)—

(a) in paragraph (2)(a) after “apply” insert “ subject to the modification in paragraph 3, ”;

(b) in paragraph (2)(b) omit “EU”;

(c) after paragraph (2)(b) insert—

“(c) enforcement authorities must keep information received under regulations 17 or 19 of the 2008 Regulations until 11th July 2020;

(d) a responsible person under those Regulations must keep the information collected under regulation 16 of those Regulations until 11th July 2020.”;

(d) after paragraph (2) insert—

“(3) The modification referred to in paragraph (2)(a) is that any reference to “EEA” is to be read as including the United Kingdom.”.

Commencement Information

I3 Sch. 34 para. 31 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Insertion of regulation 3A E+W+S

32.  After regulation 3, insert—

“Transitional provisions in relation to EU Exit

3A.— (1) In this regulation—

“pre-exit period” means the period beginning with 11 July 2013 and ending immediately before [F1 IP completion day];

“product” means a cosmetic product to which these Regulations apply.

(2) Subject to paragraph (3), where a product was made available on the market during the pre-exit period, despite the amendments made by Schedule 34 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 M2 —

(a) any obligation to which a person was subject and was enforced under these Regulations as they had effect immediately before [F1 IP completion day], continues to have effect as it did immediately before [F1 IP completion day], in relation to that product; and

(b) enforcement authorities continue to be under an obligation to enforce the obligations referred to in paragraph (a).

(3) Paragraph (2) does not apply to—

(a) any obligation of any competent authority to inform the European Commission or the member States of any matter; or

(b) any obligation to take action outside of the United Kingdom in respect of that product.”.

Textual Amendments

F1 Words in Sch. 34 para. 32 substituted (31.12.2020 immediately before IP completion day) by The Product Safety and Metrology (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/852), regs. 2(2), 4(2), Sch. 1 para. 1(t)(vii)

Commencement Information

I4 Sch. 34 para. 32 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M2 S.I. 2019/696.

Amendment to regulation 4 E+W+S

33.  In regulation 4 (competent authority)—

(a) in paragraph (1)—

(i) omit “Subject to paragraph (2)”; and

(ii) omit “EU”;

(b) omit paragraph (2);

(c) in paragraph (3) omit “Notwithstanding paragraph (2),”.

Commencement Information

I5 Sch. 34 para. 33 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment to regulations 5 to 8 and 10 E+W+S

34.  In regulations 5 to 8 and 10 each place in which it occurs and in the heading to regulation 8 omit “EU”.

Commencement Information

I6 Sch. 34 para. 34 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Omission of regulation 9 E+W+S

35.  Omit regulation 9.

Commencement Information

I7 Sch. 34 para. 35 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment to regulation 10 E+W+S

36.  In regulation 10 (notification to the Secretary of State) omit the words from “,which is required” to “member States”.

Commencement Information

I8 Sch. 34 para. 36 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment to regulation 11 E+W+S

37.  In regulation 11 for “regulation 9” substitute “ Article 27(2) of the Cosmetics Regulation ”.

Commencement Information

I9 Sch. 34 para. 37 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment to regulations 12 to 15, 17, 19 to 21 E+W+S

38.  In regulations 12 to 15, 17 and 19 to 21 in each place in which it occurs omit “EU”.

Commencement Information

I10 Sch. 34 para. 38 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment to regulation 26 E+W+S

39.  In regulation 26 in paragraphs (1) and (3) after “these Regulations” insert “ and the Cosmetic Regulation ”.

Commencement Information

I11 Sch. 34 para. 39 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment to Schedule 3 E+W+S

40.  In Schedule 3 (sampling and testing) omit “EU” in each place in which it occurs.

Commencement Information

I12 Sch. 34 para. 40 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1