The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019

Substitution of Article 4

5.  For Article 4 (responsible person) substitute—

“Article 4 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.”.