Under the EC 1223/2009 the European Distributor will be, by definition, responsible to fulfill the obligations under the regulation for any Cosmetic product which he will place on the market under his name or of any product which he modified in a significant way – under such cases, the distributor may not delegate his responsibilities (!).
EC 1223/2009 article 4.6
– “The distributor shall be the responsible person where he places a cosmetic product on the market under his name or trademark or modifies a product already placed on the market in such a way that compliance with the applicable requirements may be affected.”
What obligations is he responsible for? The European distributor assuming the role of the manufacturer, as Responsible Person is responsible for all obligations under the EC 1223/2009 for a Cosmetic product:
EC 1223/2009 article 5.1
– “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.”
In case the distributor is having difficulties to understand the regulatory maze and as such unable to fulfill the obligations under the law for his Cosmetics? The solution does not reside in the EC 1223/2009 as the distributor cannot delegate his responsibilities if he places a product on the market under his name or makes a significant change to the product which will affect the compliance of the product;
As such, the only solution in such a case is for the distributor to locate a consultant to assist him in fulfilling its obligations under the EC 1223/2009.