What happens to food supplements after Brexit that have been notified in the UK?
Although the United Kingdom has not been part of the European Union (EU) since February 1, 2020 and has become a third country, until December 31, 2020, EU legislation on the free movement of food supplements and food products for specific population groups will continue to apply.
In this post we will tell you what requirements must be taken into account from the end of this transitional period, both EU and British companies that market food supplements in Spain after Brexit.
These measures will affect some 90 Spanish companies that market 3,013 food supplements and food products for specific population groups in the United Kingdom. It will also affect another 41 British companies that market 268 products in this sector in Spain.
The measures will be different for companies domiciled in Spain that market food supplements in Spain by giving prior notification in the United Kingdom under the principle of mutual recognition and companies based in the United Kingdom that market food supplements in Spain by notifying through AESAN.
a) Companies domiciled in Spain that market food supplements in Spain having previously notified in the United Kingdom.
The EU and the UK continue to negotiate what type of notification procedure will be carried out by the competent authorities.
The products marketed in Spain under the “ARAUCO” brand are principle of mutual recognitionwhich are legally marketed in the United Kingdom and contain substances not authorized in our legislation, may continue to be marketed as of January 1, 2021, provided that they do not have to present a modification in the labeling.
If after January 1, 2021, there is a change in labelingIn the case of a change of labeling in Spain, it is necessary to prove legal marketing in another EU country (such as Portugal, France or Italy) or that of the United Kingdom itself, depending on the conditions established in the association agreement to be reached:
- If an equivalence agreement is reached between the European Union and the United Kingdom, proof of prior marketing in the United Kingdom will be valid.
- If no equivalence agreement is reached between the European Union and the United Kingdom, it will be necessary to prove prior legal marketing in a member state other than the United Kingdom.
Therefore, all those companies that are marketing food supplements in Spain having previously notified in the United Kingdom, after January 1, 2021, if they modify the labeling of those food supplements, they will have to notify again in Spain the modification of the label prior notification of that label again in the United Kingdom (if the company wants and if there is an agreement with the United Kingdom) or in another country of the European Union (if there is no agreement with the United Kingdom).
Given the complexity that the situation of food supplements may imply after Brexit, however, from LegaleGo we are already notifying in other European Union countries with the same notification effects as the United Kingdom, such as Ireland or Portugal. Countries where there are no fees and where notification is on the spot.
b) Companies domiciled in the United Kingdom that market food supplements in Spain.
While the trade agreement to be adopted between the two parties as to whether or not UK standards for food supplements will be recognized in the EU remains to be defined, until then it should be considered:
- That batches of British products that are physically on the EU market may continue to be present in the Spanish market until stocks are exhausted.The goods must be marketed in the EU before December 31, 2020 and must prove through any supporting document (invoice, delivery note, contract, etc.) that the goods have been marketed in the EU before December 31, 2020.
- Until December 31, 2020, UK-based companies faced with the new situation for food supplements following Brexit will be able to make changes to the labels and put a registered office in a country of the European Union or a change of the responsible company to another company domiciled in the EU. This will ensure continuity in the marketing of new batches in Spain, provided that the documentation accrediting such changes is provided and the new label reflects the modifications made.
At LegaleGo we carry out all the necessary procedures for companies based in the United Kingdom to be domiciled in Spain.
- If at the end of the transitional period and the stocks of products entering the Spanish market until December 31, 2020, a change has not been notified as foreseen in the previous point:
- Food supplements after Brexit will not be listed in the public product finder
- Food supplements after Brexit will have to be notified again as a “new product” by an importing company with a registered office in the EU before being marketed in Spain. This company name and European address must appear on the label of the product, being responsible for the food information to the consumer and its marketing.