EU Importer

Under the EC 1223/2009 the Importer is, by definition, responsible to fulfill the obligations under the regulation for the products imported by him into the European community.

EC 1223/2009 article 4.5
“For an imported cosmetic product, each importer shall be the responsible person for the specific cosmetic product he places on the market.”

What obligations is he responsible for? The importer 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 Importer is unable or unwilling to fulfill the obligations under the law for the Cosmetics imported from his different suppliers (Non-EU manufacturers)? The solution resides in the EC 1223/2009:

EC 1223/2009 article 4.5
“The importer may, by written mandate, designate a person established within the Community as the responsible person who shall accept in writing.”

The solution provided by the EC 1223/2009 is to delegate his responsibilities to a professional EU based company, able to fulfill all the obligations under the law under a mutually signed legal mandate. The designation will cover all products imported by onto the European Market him according to his list of suppliers.


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