The Cosmetic Products (Safety) Regulations 2003

Responsible Persons and Competent Authorities

8.  —

(1) For the purposes of regulations 9 (except regulation 9(3) and (4)), 10, 11 and 12—

(a) “responsible person” means, in relation to a relevant cosmetic product,

(i) the manufacturer of that product;

(ii) the manufacturer’s agent;

(iii) the person to whose order that cosmetic product is manufactured; or

(iv) where the manufacturer or the person to whose order the cosmetic product is manufactured is not established in the Community and either—

(aa) the manufacturer has not appointed an agent; or

(bb) the manufacturer’s agent is not the supplier of that cosmetic product,

the person who first supplies the cosmetic product in the Community;

(b) “competent authority” means a body responsible for requiring and receiving the information provided for in Articles 7.3, 7a.1 and 7a.4 of the Directive and granting and refusing requests for confidentiality pursuant to Article 4 of the Confidentiality Directive, and which is—

(i) a United Kingdom competent authority pursuant to paragraph (2) below; or

(ii) for the time being a competent authority of a Member State other than the United Kingdom, having been notified as a competent authority by the Member State concerned to the Commission pursuant to Articles 7.3 and 7a.5 of the Directive and Article 10 of the Confidentiality Directive.

(2) The United Kingdom competent authority shall be the Secretary of State provided that she may from time to time appoint such persons as she thinks fit to be a United Kingdom competent authority in addition to or in substitution for herself.