Wednesday, February 20, 2013Cosmetics glossary

Responsible Person

© CosmeticOBS-L'Observatoire des Cosmétiques

After the Article 4 of the Cosmetics Regulation (Regulation 1223/2009 – implemented in full on 11 July 2013), "only cosmetic products for which a legal or natural person is designated within the Community as ‘responsible person’ shall be placed on the market." The “Responsible Person” statute may be automatically attributed, or may result from a contract. 

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The manufacturer is the responsible person:
• if established within the Community, for a cosmetic product manufactured within the Community, and not subsequently exported and imported back into the Community,
• if established within the Community and designated by the manufacturer, by written mandate, accepted in writing. This written mandate is mandatory where, for a cosmetic product manufactured within the Community, and not subsequently exported and imported back into the Community, the manufacturer is established outside the Community.

The importer is the responsible person:
• for an imported cosmetic product he places on the market.
The importer may, by written mandate, designate a person established within the Community as the responsible person who shall accept in writing.

The distributor is the responsible person:
• where he places a cosmetic product on the market under his name or trademark,
• where he modifies a product already placed on the market in such a way that compliance with the applicable requirements may be affected. The translation of information relating to a cosmetic product already placed on the market shall not be considered as a modification of that product of such a nature that compliance with the applicable requirements of the Regulation may be affected.

For each cosmetic product placed on the market, the responsible person shall ensure compliance with the relevant obligations set out in the Regulation.

Also see
• The Cosmetics Regulation: The Responsible Person article, in The Cosmetics Regulation file, on Pro Section.

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