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Regulation (EC) No 1223/2009 of the European Parliament and of the CouncilShow full title

Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (recast) (Text with EEA relevance)

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[F1Article 4U.K.Responsible person

1.A cosmetic product may not be placed on the market unless there is a responsible person established in the United Kingdom in respect of the cosmetic product.

2.Subject to paragraphs 6 and 7, a manufacturer of a cosmetic product is the responsible person in respect of that product where—

(a)the manufacturer is established in the United Kingdom; and

(b)the cosmetic product—

(i)is manufactured in the United Kingdom; and

(ii)after manufacture but prior to placing on the market is not exported and imported back into the United Kingdom.

3.Where paragraph 4 applies the manufacturer must ensure that—

(a)there is a person established in the United Kingdom designated by written mandate as the responsible person in respect of the cosmetic product; and

(b)that person has agreed in writing to be the responsible person in respect of that cosmetic product.

4.This paragraph applies where—

(a)a manufacturer of a cosmetic product is established in a country outside the United Kingdom; and

(b)the cosmetic product—

(i)is manufactured in the United Kingdom; and

(ii)after manufacture but prior to placing on the market is not exported and imported back into the United Kingdom.

5.Subject to paragraphs 6 and 7, any importer placing a cosmetic product on the market is the responsible person in respect of that cosmetic product.

6.An importer or a manufacturer established in the United Kingdom may by written mandate designate a person established in the United Kingdom as the responsible person.

7.Where the person designated by the importer or the manufacturer under paragraph 6 accepts the designation in writing, that person is the responsible person.

8.A distributor is the responsible person in respect of a cosmetic product where that distributor—

(a)places a product on the market under the distributor's name or trademark; or

(b)modifies a product already placed on the market in such a way that compliance with the applicable requirements may be affected.]

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