What is a Responsible Person?
EU Cosmetics Regulation 1223/2009 established the concept of a Responsible Person (RP) for cosmetic products:
“Only cosmetic products for which a legal or natural person is designated within the community as ‘responsible person’ shall be placed on the market.” (EU Regulation 1223/2009, Art.4.1.).
It is therefore mandatory to appoint a cosmetics Responsible Person in the EU to be able to place the products on the EU market.
There has to be only one Responsible Person per product for the whole EU.
“In order to establish clear responsibilities, each cosmetic product should be linked to a responsible person established within the Community.” (EU Regulation 1223/2009).
“For the purpose of effective market surveillance, a product information file should be made readily accessible, at one single address within the Community, to the competent authority of the Member State where the file is located.” (EU Regulation 1223/2009)
Obligations of the Responsible Person:
The Responsible Person has to ensure compliance of the cosmetic products with the EU Cosmetics Regulation before they are placed on the EU market, and make sure that the products remain compliant with the Regulation while they are on the market.
“For each cosmetic product placed on the market, the responsible person shall ensure compliance with the relevant obligations set out in this Regulation.” (EU Regulation 1223/2009, Article 4.2.)
The obligations of the cosmetics Responsible Person are described in the Article 5 of the Regulation.
“Responsible persons shall ensure compliance with Articles 3, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, Article 19(1), (2) and (5), as well as Articles 20, 21, 23 and 24.” (EU Regulation 1223/2009/EC, Article 5.1.)
Therefore, the Responsible Person has to provide or ensure the following: