Under the EC 1223/2009 the Non-European Manufacturer is, by definition, responsible to fulfill the obligations under the regulation, only for products manufactured within the European community and placed, under his name, onto the European Market. The Non-EU manufacturer can fulfill those obligations only by designating a Responsible Person established within the European Community to do so on his behalf (Mandatory!).
EC 1223/2009 article 4.4
– “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, he shall designate, by written mandate, a person established within the Community as the responsible person who shall accept in writing.”
What obligations is he responsible for? The one designated by the Non-European 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 of products placed on the market under the name of a Non-EU manufacturer and not actually manufactured within the European Community, the EU importer will be responsible to fulfill all obligations under the EC 1223/2009 – this creates two problems:
- The EU importer is unable or unwilling to assume the responsibilities.
- The Non-EU manufacturer is unwilling to disclose all information (composition, product specifications, trade names and more) on his Cosmetics.
How to address these two problems?
- EU Importer designates “EU Responsible Person”;
- The solution is to delegate the responsibilities to a professional EU based “Responsible Person”, able to release the EU importers of their obligations under the law (under individuals signed legal mandates) while still protecting your product specifications and brand. The designation will cover all products manufactured by you and imported by your clients into the European Market.