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PERSON RESPONSIBLE FOR THE EUROPEAN UNION
The role of the "Responsible Person" (RP) for cosmetic products in Europe is a central pillar within the regulatory framework established by Regulation (EC) No. 1223/2009 on cosmetic products. This regulation clearly establishes the need for a RP as the entity or person responsible for ensuring that each cosmetic product placed on the European Union (EU) market complies with all applicable legal requirements.
RESPONSIBLE PERSON IN EUROPE
The Responsible Person is a natural or legal person established within the European Union, designated by the manufacturer, importer, or distributor of a cosmetic product. This Responsible Person acts as the legal representative in the EU and assumes responsibility for the product's compliance with current safety and labeling regulations.
IMPORTANCE OF RP IN EUROPE
The role of the RP is essential to ensuring that only safe and compliant cosmetic products reach consumers in the European Union. The RP's responsibility not only protects public health but also ensures that manufacturers and distributors comply with their legal obligations, avoiding penalties and damage to the brand's reputation.
DESIGNATION OF THE RP IN EUROPE
The designation of the PR must be carefully considered. The PR can be the manufacturer itself if it is established in the EU, the importer if the manufacturer is located outside the EU, or a third-party entity specifically designated for this role. It is crucial that the PR has a thorough understanding of European regulations and maintains ongoing communication with regulatory authorities.
GENERAL DUTIES AND RESPONSIBILITIES OF THE RESPONSIBLE PERSON IN EUROPE
01
Regulatory Compliance
The PR is primarily responsible for ensuring that the cosmetic product complies with all the provisions of Regulation (EC) No. 1223/2009 before it is marketed in the EU. This includes verifying that all necessary safety assessments have been performed and documented.
02
CPNP Notification
Before a product is marketed in the EU, the PR must notify it through the Cosmetic Products Notification Portal (CPNP). This notification is a mandatory requirement and contains key information about the product, such as composition, labeling, and safety features.
03
PIF
Product Information File
The RP must compile and maintain an updated Product Information File (PIF), which includes all documents demonstrating product conformity. This file must be available to the competent authorities in the event of an inspection or audit.
The PIF should include details such as product description, safety reports, manufacturing methods, evidence of beneficial effects, and data on animal testing (if applicable).
04
Labeled
It is the responsibility of the PR to ensure that product labeling meets EU requirements, including information in the official language of the country of sale, a list of ingredients, a best-before date, and precautions for use.
In addition, the PR must ensure that the product's advertising claims are not misleading and are supported by adequate scientific evidence.
05
Incident Management and Post-Marketing Monitoring
The PR must implement a monitoring system to identify any safety issues once the product is on the market. If a health risk is identified, the PR must inform the competent authorities and take the necessary corrective measures, such as a product recall.
In addition, the RP is responsible for managing any serious incidents related to the product, notifying the relevant authorities.
06
Cooperation
with the Authorities
The PR must be prepared to cooperate with national and European authorities during inspections or audits, providing access to the PIF and any other required documentation.
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