‘Distributor‘ means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a cosmetic product available on the Community market.
‘Making available on the market’ means any supply of a cosmetic product for distribution, consumption or use on the Community market in the course of a commercial activity, whether in return for payment or free of charge.
‘Placing on the market’ means the first making available of a cosmetic product on the Community market.
The distributor shall be the responsible person where he places a cosmetic product on the market under his name or trademark or
modifies a product already placed on the market in such a way that compliance with the applicable requirements may be affected.
Before making a cosmetic product available on the market distributors shall verify that:
- the labelling information provided for in Article 19(1)(a), (e) and (g) and Article 19(3) and (4) is present,
- the language requirements provided for in Article 19(5) are fulfilled,
- the date of minimum durability specified, where applicable under
Article 19(1), has not passed.
Where distributors consider or have reason to believe that:
- a cosmetic product is not in conformity with the requirements laid down in this Regulation, they shall not make the product available
on the market until it has been brought into conformity with the applicable requirements, - a cosmetic product which they have made available on the market is not in conformity with this Regulation, they shall make sure that the corrective measures necessary to bring that product into conformity, withdraw it or recall it, as appropriate, are taken.
Furthermore, where the cosmetic product presents a risk to human health, distributors shall immediately inform the responsible person
and the competent national authorities of the Member States in which they made the product available, giving details, in particular, of the noncompliance and of the corrective measures taken.
