What's the difference between an EU RP and an importer or distributor?

## What's the Difference Between an EU RP and an Importer or Distributor? Understanding the different roles in the EU cosmetics supply chain is essential. The Responsible Person, importer, and distributor have distinct responsibilities and cannot always be the same entity. ### The Three Key Roles #### 1. Responsible Person (RP) **Role:** Regulatory compliance interface **Key Responsibilities:** - Ensure product safety and compliance before market placement - Maintain Product Information File (PIF) - Submit CPNP notifications - Ensure proper labeling compliance - Serve as contact point for competent authorities - Report serious undesirable effects (SUEs) **Legal Basis:** Article 4 of Regulation (EC) No 1223/2009^{<a href="#cite-13">[1]</a>} #### 2. Importer **Role:** Places products on the EU market from outside EU **Key Responsibilities:** - Verify products have appropriate markings and documentation - Verify RP is identified on labeling - Maintain complaint registers - Cooperate with authorities on market surveillance - **Must not** place non-compliant products on the market **Legal Basis:** Article 4 of Regulation (EC) No 1223/2009^{<a href="#cite-13">[1]</a>} #### 3. Distributor **Role:** Makes products available on the market **Key Responsibilities:** - Verify products have appropriate markings and documentation - Verify RP is identified on labeling - Maintain complaint registers - Cooperate with authorities on market surveillance - **Must not** make non-compliant products available **Legal Basis:** Article 4 of Regulation (EC) No 1223/2009^{<a href="#cite-13">[1]</a>} ### Key Differences | Aspect | Responsible Person | Importer | Distributor | |--------|-------------------|----------|-------------| | Primary Role | Regulatory compliance | Supply chain | Supply chain | | PIF Management | Must maintain PIF | Verifies PIF exists | Verifies PIF exists | | CPNP Notification | Must submit | Verifies notification | Verifies notification | | Authority Contact | Primary contact point | Cooperates with authorities | Cooperates with authorities | | SUE Reporting | Must report | May report | May report | | Legal Responsibility | Assumes legal responsibility | Verifies compliance | Verifies compliance | ### When Roles Overlap **Importer Becomes RP:** - If importer places products on market, they become RP by default (unless they appoint another EU/EEA entity)^{<a href="#cite-13">[1]</a>} **Distributor Becomes RP:** - If distributor sells under their own name/trademark - If distributor modifies product in ways affecting compliance - If distributor rebrands products ### Can They Be the Same Company? **Typically no for the same products** - Regulation 1223/2009 requires separation of these roles to prevent conflicts of interest. However: - A company can serve as RP for one manufacturer and importer/distributor for another - Different roles require different contracts and responsibilities - Separation helps ensure proper regulatory oversight ### Role Identification Checklist Identify your role in the supply chain: - [ ] Are you the manufacturer? (May be RP if EU-based) - [ ] Are you importing products? (May become RP) - [ ] Are you distributing products? (May become RP if rebranding) - [ ] Do you need to appoint an RP? (If non-EU manufacturer) - [ ] What are your specific obligations? ### Common Scenarios **Scenario 1: Non-EU Manufacturer** - Manufacturer: Outside EU - Importer: EU company imports products - RP: Must be appointed (could be importer or separate entity) - Distributor: Makes products available to consumers **Scenario 2: EU Manufacturer** - Manufacturer: EU-based (is RP by default) - Distributor: Makes products available - No separate RP needed (unless manufacturer appoints one) **Scenario 3: Private Label** - Manufacturer: Produces products - Brand Owner: Sells under own brand (becomes RP) - Distributor: Makes products available ### Best Practices 1. **Understand Your Role** - Know whether you're RP, importer, distributor, or combination 2. **Separate Contracts** - Have separate agreements for different roles 3. **Clear Responsibilities** - Define responsibilities clearly in contracts 4. **Avoid Conflicts** - Don't have same entity as RP and importer/distributor for same products 5. **Verify Compliance** - Ensure all parties understand their obligations ### Next Steps 1. Identify your role in the supply chain 2. Understand your specific obligations 3. **[Compare EU Cosmetics Responsible Person providers & request quotes](https://cruxi.ai/regulatory-directories/cosmetics_rp)** - Find qualified RP providers if needed --- *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-13"></a>[1] [Regulation (EC) No 1223/2009 - Article 4](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32009R1223)