Who can act as the Responsible Person for EU cosmetics?

## Who Can Act as the Responsible Person for EU Cosmetics? The eligibility to act as the Responsible Person depends on your supply chain structure and where your products are manufactured. Understanding these scenarios is critical for compliance. ### Scenario 1: Products Manufactured in the EU/EEA **If your cosmetic products are manufactured within the EU/EEA:** - ✅ **The EU/EEA-established manufacturer is the RP by default**^{<a href="#cite-2">[1]</a>} - ✅ The manufacturer can appoint another EU/EEA entity as RP by written mandate - ✅ The manufacturer must be established in an EU member state or EEA country **Example:** A cosmetics company manufacturing in Germany is automatically the RP unless they appoint another EU entity. ### Scenario 2: Products Manufactured Outside the EU/EEA **If your cosmetic products are manufactured outside the EU/EEA:** - ✅ **The non-EU manufacturer must appoint an EU/EEA RP by written mandate**^{<a href="#cite-2">[1]</a>} - ✅ The RP must be established in an EU member state or EEA country - ✅ The written mandate must clearly define responsibilities and scope **Example:** A US-based manufacturer must appoint an EU-established company as their RP. ### Scenario 3: Imported Products **If products are imported into the EU/EEA:** - ✅ **The importer becomes the RP by default**^{<a href="#cite-2">[1]</a>} - ✅ The importer can appoint another EU/EEA entity as RP by written mandate - ✅ The importer must be established in an EU member state or EEA country **Example:** A French company importing cosmetics from China becomes the RP unless they appoint another EU entity. ### Scenario 4: Distributor Becomes RP **A distributor becomes the RP if they:** - ✅ Sell products under their own name or trademark - ✅ Modify the product in a way that can affect compliance - ✅ Rebrand or repackage products under their own brand **Example:** A retailer selling private-label cosmetics under their brand name becomes the RP. ### Key Requirements for All RPs Regardless of the scenario, the RP must: - [ ] Be established in an EU member state or EEA country - [ ] Have a written mandate (if appointed, not default) - [ ] Be able to fulfill all RP obligations (PIF access, CPNP, SUE reporting, etc.) - [ ] Have an address accessible to competent authorities - [ ] Be able to respond to authority requests promptly ### RP Eligibility Checklist Before designating an RP, verify: - [ ] The entity is established in an EU/EEA member state - [ ] They have the capability to maintain PIFs or ensure PIF accessibility - [ ] They can submit CPNP notifications - [ ] They have processes for SUE reporting - [ ] They can respond to authority inquiries within required timelines - [ ] Written mandate is in place (if applicable) ### Common Mistakes to Avoid - ❌ Assuming a UK-based company can serve as EU RP (post-Brexit) - ❌ Using a non-EU entity as RP - ❌ Not having a written mandate when required - ❌ Appointing an RP that cannot fulfill obligations - ❌ Not verifying RP establishment location ### Next Steps 1. Determine your manufacturing location and supply chain structure 2. Identify who should be your RP based on the scenarios above 3. **[Compare EU Cosmetics Responsible Person providers & request quotes](https://cruxi.ai/regulatory-directories/cosmetics_rp)** - Find qualified RP providers if you need to appoint one --- *Written by **Lo H. Khamis**, Regulatory Experts. [Connect on LinkedIn](https://www.linkedin.com/in/lo-h-khamis) for regulatory guidance.* ### Official Sources: <a id="cite-2"></a>[1] [Regulation (EC) No 1223/2009 - Article 4](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32009R1223)