The Duties Of EU Cosmetics Regulation Responsible Person

By Ines Flores


The European Union has formulated a set of regulations to govern the manufacturing, labeling and supply of cosmetic products in its jurisdiction. The new law came into place in July 2013 replacing ec76/768. The law unifies the rules on ingredients and labeling thereby abolishing the barriers to trade among countries in the Union. Also, the new EU cosmetics regulation responsible person is the brand owner with new description and legal responsibilities.

According to the new legislation, a responsible person or RP is someone with an address in the Union and is responsible for handling all documentation regarding the product. Such documents include the Product Information File or simply the PIF. This particular document should be accurate, up to date and confidential. It should also comprehensively cover the procedure for handling customer complaints.

The term responsible person is legal for an individual or group such as a company with certain pre-described obligation towards a product. It can be an individual agent in the European Union of the manufacturing company is based outside the European Union. Alternatively, the term may refer to the manufacturing company itself if based in the Union or one which orders the products manufacture. Also, the company involved in direct importation may play the role.

The role of RP cannot be emphasized enough. For manufacturers based outside the Union, the individuals provide the only way for their products to reach the EU market. This is because only goods with a designated natural or legal RP can be imported into the Union. Also, the individual ought to be identifiable with legal obligations.

There are several obligations of the responsible individual under the law. For instance, they are required to notify the relevant authorities about products with undesirable effects to consumers. In addition, they should inform the CPNP about products being launched in the European market. A six month notification to the Commission is required if any of the products contain nano materials.

The RP is also obligated to ascertain the safety and compliance with regulations of products entering the market. They ought to report products which pose a serious health risk to the relevant bodies. Besides, they ought to work together with the competent authorities to rectify the problem. Such authorities also help to gather information about products from users and health officers and share it with the other member states.

The government and business stand to benefit from the RP. For a business, having one to serve as the contact point for any issues regarding regulation is good for business. Besides, the fact that they handle the compilation and updating of business documents ensures that the products get to the market promptly. The business also stays out of trouble as there is someone whose sole purpose is to ensure compliance.

The company also benefits because there is an individual to handle a crisis and questions on its behalf. On the other hand, the government benefits from having one person to go to in case of problems. Remember that even if the importers change, the RP remains the same. There is no need for re-notifications and reprinting of labels.




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