Paragraph 5 Substitution of Article 4

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.”.