Tuesday, February 3, 2015

The Duties Of EU Cosmetics Regulation Responsible Person

By Ines Flores


In July 2013, the European Union enforced a new set of regulations to replace the ec76/768. The purpose of the regulations is to govern the manufacturing, labeling and supply of cosmetic products. The new set of laws, unified the definition of cosmetics, labeling and ingredients which went a long way to abolish trade barriers among member countries in the Union. It also defined an EU cosmetics regulation responsible person to have legal obligations as the brand owner.

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 a RP is very crucial especially for manufacturers not located within the Union. They make it possible to legally import goods as only those with a designated legal or natural individual can be imported. The law requires that the individual is identifiable in a precise and concise manner to legal obligations.

Some of the obligations of a responsible individual are to report any significant negative effects of the goods to the relevant national authorities. The individual should also notify the CPNP before the goods are placed in European Union Market. If the products contain nano materials, he or she should notify the Commission 6 months before the product reaches the market.

The safety and compliance of products entering the market should be ascertained by the RP. In case, any of them is potentially harmful to human health, the RP should report it to relevant competent bodies. In addition, the RP should help in rectifying the problem. Such authorities are mandated to collect information from users and share it with other EU member states.

Both the government and the business benefit from the RP. On one hand, the business has a single contact point to handle any issues pertaining regulation in the member states. In addition, the RP helps to compile and update important business documents such as the PIF so that the cosmetic goods reach the market faster. Also, the individual ensures that cosmetic goods comply with the set legislation to keep the business out of trouble.

The fact that there is one person to respond to crisis and questions makes it easier for the company to respond to emergency situations. Also, the government is able to trace one person compared to the whole company in case of emergencies. Even when importers change, the RP remains the same so that there is no need for re-notifications and reprinting of labels. Thus, the government saves time and money.




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