Can I Be My Own Responsible Person in the EU?

Only a business established in the EU can be its own Responsible Person, for cosmetics as for other goods. Under Article 16(1) of the GPSR, Regulation (EU) 2023/988, an EU manufacturer holds the role itself, as Article 4(2)(a) of Regulation (EU) 2019/1020 allows. Otherwise an EU importer or an authorised representative holds it, or, failing both, a fulfilment service provider.

Which operators can hold the Responsible Person role?

Four kinds of operator, each established in the EU. Article 4(2) of Regulation (EU) 2019/1020 lists them. The GPSR uses the same list.

• (a) A manufacturer established in the Union. That is whoever makes a product, or has it designed or made (GPSR Article 3(8)). It markets the product under its own name or trademark.
• (b) An importer, where the maker is outside the Union. An importer is any person established in the Union who places a product from a third country on the Union market.
• (c) An authorised representative. It holds a written mandate from the maker to carry out the Article 4(3) tasks.
• (d) A fulfilment service provider established in the Union, for the products it handles. It counts only where the Union has none of (a), (b) or (c).

So point (b) needs a maker outside the Union. Point (d) needs the other three to be absent. Point (c) has no such condition.

Any maker can appoint a representative, even one that could be its own Responsible Person.

Can an EU business be its own Responsible Person?

Yes: an EU business can hold the role itself as the maker, under point (a). Even so, it may still appoint an authorised representative by written mandate (Article 10(1) of the GPSR).

Being your own Responsible Person means you do its tasks in-house. Article 4(3) of Regulation (EU) 2019/1020 requires you to answer an authority's reasoned request. You give it the information and documents it needs, in a language it easily understands.

You also tell the authorities when you have reason to believe a product presents a risk. Then you work with them, including on corrective action.

The GPSR adds regular checks of the product against its technical documentation (Article 16(2)). You make them where the product's risks call for that. On request, you show the authorities documented evidence of those checks.

As maker, you also do the internal risk analysis and draw up those documents (Article 9(2)). You keep them for the authorities for 10 years after you place the product on the market (Article 9(3)).

Your name and postal and email address go on the product. Where that is not possible, they go on the packaging or a document with it (Article 9(6)).

Can a business outside the EU be its own Responsible Person?

No: Article 4(2) lists only operators established in the Union, so you cannot hold the role yourself. An EU importer can hold it, or an authorised representative you appoint. Where the Union has neither, a fulfilment service provider there can.

Who holds it depends on how your goods reach EU buyers. If an EU business places your goods from outside the EU on the Union market, it is the importer. It can then hold the role under point (b).

With or without an EU importer, you can appoint a representative, such as Eldris. That is point (c), and it takes a written mandate from you as maker.

A fulfilment service provider offers at least two of warehousing, packaging, addressing and dispatching. It does not own the goods. It steps in only as a fallback, for the products it handles.

Here the maker is outside the EU. So an online offer must show the Responsible Person's name and postal and email address (Article 19(b) of the GPSR).

Great Britain has its own product rules. The guide to UK and EU Responsible Persons covers sales there.

Do cosmetics have their own Responsible Person rule?

Yes: cosmetics fall outside Article 16 of the GPSR. Regulation (EC) No 1223/2009 has its own Responsible Person. Its Article 4(1) lets a cosmetic onto the market only with a responsible person designated within the EU.

For a cosmetic made in the EU, the maker established in the EU is its own Responsible Person. It may name another person by written mandate (Article 4(3)).

For an imported cosmetic, each importer is the Responsible Person for the product it places on the market (Article 4(5)). The importer may name a person established in the EU by written mandate. That person accepts in writing and then holds the role.

So a seller outside the EU cannot be its own Responsible Person for cosmetics either. The Responsible Person's name and address go on the container and the packaging (Article 19(1)(a)).

The Responsible Person also keeps a product information file (Article 11(1)). It keeps the file for ten years after the last batch went on the market.

An Eldris appointment does not produce the safety report (CPSR) or that file (PIF). The cosmetics FAQ covers both of them.

When does appointing Eldris make sense?

When your business is outside the EU and no EU importer holds the role. It also makes sense when you would rather not be your own Responsible Person. Eldris holds the role through EldrisAi OÜ, and the certificate follows within 60 minutes of completing onboarding.

While your monthly plan runs, Eldris's details go on your packaging and listings. They are EldrisAi OÜ, Ruunaoja tn 3, 11415 Tallinn, Estonia, with compliance@eldris.ai as the email address.

Eldris logs post from the authorities and tells you within 24 hours. A formal request for information gets a first reply within 10 working days.

Eldris answers from the documents in your portal. It consults you before any substantive reply.

Your own duties stay with you. The Responsible Person's checks do not replace them (Article 16(2) of the GPSR). Eldris does not prepare your declarations of conformity or technical files.

The guide to what a Responsible Person does covers the role in practice. The one-off fee for each market and the monthly plan are on the service page.

In the onboarding form you give details only. You send no documents before payment. The Responsible Person FAQ has the short answer.

Frequently asked questions

Does an EU company need to appoint a Responsible Person?

Not if it is the maker: an EU maker can be its own Responsible Person under Article 4(2)(a) of Regulation (EU) 2019/1020. It then holds the role and does its tasks itself, without appointing anyone else. It may still choose to appoint an authorised representative by written mandate (Article 10(1) of the GPSR).

Can a UK company be its own EU Responsible Person?

No: a UK company cannot be its own Responsible Person in the EU. Article 4(2) of Regulation (EU) 2019/1020 lists only operators established in the EU, and the UK is outside it. A UK seller's EU importer can hold the role, or the seller can appoint a representative such as Eldris, through EldrisAi OÜ.

Can my EU distributor be my Responsible Person?

Not in its role as a distributor, because Article 4(2) does not list distributors. An EU business that imports your goods into the Union is the importer and can hold the role under point (b). An EU business with your written mandate can hold the role as your representative under point (c).

Can my fulfilment warehouse in the EU be my Responsible Person?

Only as a fallback: a fulfilment service provider established in the EU can take the role for the products it handles (Article 4(2)(d)). It does so only where no maker, importer or authorised representative has an EU establishment. In any other case, one of those three holds the role instead.

Can an individual hold the role rather than a company?

Yes, if established in the EU. Under GPSR Article 3(9), an authorised representative is any natural or legal person established in the Union with a written mandate from a maker. For cosmetics, Article 4(1) of Regulation (EC) No 1223/2009 speaks of a legal or natural person designated within the EU.

Can an EU importer of cosmetics hand the role to someone else?

Yes: each importer is the Responsible Person for the cosmetic it places on the market, under Article 4(5) of Regulation (EC) No 1223/2009. It may instead name another person established in the EU as Responsible Person, by written mandate. That other person, in turn, must accept the mandate in writing.