Regulation (EC) No 1223/2009 of the European Parliament and of the CouncilShow full title

Article 25 U.K. Non-compliance by the responsible person

1. F1 ... Competent authorities shall require the responsible person to take all appropriate measures, including corrective actions bringing the cosmetic product into conformity, the withdrawal of the product from the market or its recall, within an expressly mentioned time limit, commensurate with the nature of the risk, where there is non-compliance with any of the following:

(a) the good manufacturing practice referred to in Article 8;

(b) the safety assessment referred to in Article 10;

(c) the requirements for the product information file referred to in Article 11;

(d) the provisions on sampling and analysis referred to in Article 12;

(e) the notification requirements referred to in Articles 13 and 16;

(f) the restrictions for substances referred to in Articles 14, 15 and 17;

(g) the animal testing requirements referred to in Article 18;

(h) the labelling requirements referred to in Article 19(1), (2), (5) and (6);

(i) the requirements related to product claims set out in Article 20;

(j) the access to information for the public referred to in Article 21;

(k) the communication of serious undesirable effects referred to in Article 23;

(l) the information requirements on substances referred to in Article 24.

F2 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. The responsible person shall ensure that the measures referred to in paragraph 1 are taken in respect of all the products concerned which are made available on the market F3 ....

F4 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. The competent authority shall take all appropriate measures to prohibit or restrict the making available on the market of the cosmetic product or to withdraw the product from the market or to recall it in the following cases:

(a) where an immediate action is necessary in the event of serious risk to human health; or

(b) where the responsible person does not take all appropriate measures within the time limit referred to in paragraph 1.

F5 ...

[F6 6. In the event of serious risks to human health, a competent authority which has taken measures under paragraph 5 must inform all other competent authorities of the measures taken.]

[F7 7. For the purposes of paragraph 6 the database provided for in regulation 33(A1) of the General Product Safety Regulations 2005 (S.I. 2005/1803) must be used.]

Textual Amendments

F1 Words in Art. 25(1) omitted (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 34 para. 23(a) (as amended by S.I. 2020/676, regs. 1(1), 3); 2020 c. 1, Sch. 5 para. 1(1)

F2 Art. 25(2) omitted (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 34 para. 23(b) (as amended by S.I. 2020/676, regs. 1(1), 3); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 25(3) omitted (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 34 para. 23(c) (as amended by S.I. 2020/676, regs. 1(1), 3); 2020 c. 1, Sch. 5 para. 1(1)

F4 Art. 25(4) omitted (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 34 para. 23(d) (as amended by S.I. 2020/676, regs. 1(1), 3); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 25(5) omitted (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 34 para. 23(e) (as amended by S.I. 2020/676, regs. 1(1), 3); 2020 c. 1, Sch. 5 para. 1(1)

F6 Art. 25(6) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 34 para. 23(f) (as amended by S.I. 2020/676, regs. 1(1), 3); 2020 c. 1, Sch. 5 para. 1(1)

F7 Art. 25(7) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 34 para. 23(g) (as amended by S.I. 2020/676, regs. 1(1), 3); 2020 c. 1, Sch. 5 para. 1(1)