Last month, the Windsor Framework was formally signed off by the UK Government and European Commission. As a result, the Cosmetic Products Enforcement Regulation has been amended to include reference to the new trade agreement
The Windsor Framework is an arrangement between the UK and the EU which is designed to remove any sense of border in the Irish sea – fundamentally overturning aspects of the Northern Ireland Protocol.
Since its introduction into UK legislation, different sectors are witnessing varying repercussions. For example, headlines have been hitting about ‘Not for EU’ labels being introduced for food products trading between Great Britain and Northern Ireland.
When it comes to beauty, no new labelling guidance has been introduced to date. However, the CTPA reports that: ‘On the 4th May, the statutory guidance for the UK Cosmetics Regulation (UKCR), applicable in Great Britain (GB), and the EU Cosmetic Products Regulation (EU CPR) (applicable in NI) has been amended to remove reference to the Northern Ireland Protocol and replace it with the Windsor Framework.’
There are two key instances where this framework is important for those trading between Great Britain and Northern Ireland. The regulation states that:
- Article 5A: ‘Northern Ireland businesses seeking to sell or supply a qualifying Northern Ireland goods in GB can continue to make products in line with the EU rules that apply in NI under the terms of the Windsor Framework (Regulation (EC) No 1223/2009 on Cosmetic Products) and sell the same product in the rest of the UK. There will be no additional approvals to sell qualifying Northern Ireland goods in the rest of the UK.’
- Article 19: (In regards to labelling requirements) ‘Where under NI law the Responsible Person is based in the EEA, a Northern Ireland business does not need to change the contact details on the packaging to sell a qualifying Northern Ireland good in GB – though the requirement to have a Responsible Person based in the UK still stands.’
We will continue to update our communications surrounding trade to Northern Ireland, in light of the introduction of the Windsor Framework.
Read the ‘Regulation 2009/1223 and the Cosmetic Products Enforcement Regulations 2013: Great Britain’ here.
