Friday, January 30, 2015

Definition And Roles Of The EU Cosmetics Regulation Responsible Person

By Ines Flores


The European Union has formulated a set of regulations to govern the manufacturing, labeling and supply of cosmetic products in its jurisdiction. The new law came into place in July 2013 replacing ec76/768. The law unifies the rules on ingredients and labeling thereby abolishing the barriers to trade among countries in the Union. Also, the new EU cosmetics regulation responsible person is the brand owner with new description and legal responsibilities.

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.

There are several obligations of the responsible individual under the law. For instance, they are required to notify the relevant authorities about products with undesirable effects to consumers. In addition, they should inform the CPNP about products being launched in the European market. A six month notification to the Commission is required if any of the products contain nano materials.

It is the role of the RP to ensure that goods entering into the market are safe and comply with regulations in the market. If a product represents a serious risk to human health, they should report it. In addition, they should comply with the competent authorities to solve the problem. Authorities also gather information from users and health officers. The particular government through the enforcing authorities is obliged to share such information with other member states in the EU.

Having an RP is beneficial to both the government and the business. For the business, it ensures that there is one single individual who acts as the contact point for any issues regarding regulation in the entire European Union. They help compile and update PIF promptly and accurately so that the goods reach the market faster. In addition, they ensure that products comply with the law so that the business is 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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