Selling cosmetics or electronics into the EU: do you need an EU representative, and who can it be?
Cosmetics: you must have a "responsible person" in the EU. Article 4 of the Cosmetics Regulation (EC) 1223/2009: a cosmetic product may not be placed on the market unless a person in the EU is designated as responsible person; for an imported product the importer is the responsible person, and may designate a person established in the EU by written mandate (who must accept in writing). Electrical and electronic equipment (WEEE): Article 17 of Directive 2012/19/EU expressly requires a producer established in one member state and selling at a distance into another to appoint an authorised representative there by written mandate. Whether sellers outside the EU (such as in China) must appoint one depends on each member state's national law; we have not checked those texts, so we draw no conclusion. Most non-food consumer products also need an EU economic operator under the GPSR; see the related page.
- Applies to
- Chinese sellers selling cosmetics or electrical and electronic equipment into the EU.
Cosmetics: Article 4 of the Regulation
| Paragraph | What it says | Source |
|---|---|---|
| 4(1) | Only cosmetic products for which a legal or natural person in the EU is designated as "responsible person" may be placed on the market | EUR-Lex (EC) 1223/2009, consolidated 1 May 2026; Regulation text hosted by the Commission (PDF) |
| 4(4) | Only for products made in the EU whose manufacturer is outside it: the manufacturer designates an EU-established person by written mandate, who accepts in writing | Same |
| 4(5) | For an imported product, each importer is the responsible person for the product it places on the market; it may designate an EU-established person by written mandate, who accepts in writing | Same |
The Regulation has applied since 11 July 2013.
Electrical and electronic equipment: Article 17 of the WEEE Directive
| Paragraph | What it says | Source |
|---|---|---|
| 17(2) | A producer established in one member state that sells EEE at a distance into another member state where it is not established (Art. 3(1)(f)(iv)) appoints an authorised representative in that member state | Directive 2012/19/EU (European Commission WEEE page) |
| 17(3) | The authorised representative is appointed by written mandate | Same |
The Directive entered into force on 13 August 2012, and member states had to transpose it by 14 February 2014 (Commission WEEE FAQ); a business's actual obligations come from the target country's implementing law, so obligations for sellers outside the EU depend on the target country's own law (for example Germany's electrical equipment act). We have not checked those national texts.
What you can do yourself
- Cosmetics: identify the importer and the placing-on-the-market chain first. Under Article 4(5), the importer is responsible by default and may designate an EU-established person by written mandate accepted in writing. If no importer is identified, or it is unclear who may designate, check each party's legal role first; do not assume any overseas seller can simply appoint a nominal representative.
- Labelling: check the responsible person's name and address on the container and packaging under Article 19(1)(a), and for imported products the country of origin (Regulation text PDF, Art. 19).
- Electronics: check the target country's WEEE registration rules and whether a representative is required before listing.
- Check separately whether the GPSR applies to your product: see GPSR responsible person. Cosmetics are mainly governed by the Cosmetics Regulation; don't assume you need a separate GPSR representative.
When to use a licensed professional
- For cosmetic formulas, safety assessment and labelling, ask an EU cosmetics regulatory adviser.
- For a country's WEEE registration and representative rules, ask a compliance adviser or lawyer there.
Check before you pay, and warning signs
- If someone offers to act as your "EU rep", check their EU company registration and address, what they are liable for if something goes wrong, and what the annual fee covers (such as product notification and keeping the safety report).
- "One EU rep covers every law" or "we can be named without seeing your product files" are warning signs: the cosmetics responsible person, the WEEE authorised representative and the GPSR economic operator are roles under different laws.
Unknowns
- Whether each member state requires sellers outside the EU to appoint a WEEE representative: national texts not checked.
- The Cosmetics Regulation's notification (CPNP) and safety report rules: not checked item by item; for labelling only the Article 19(1)(a) responsible-person details were checked.
- Direct access to EUR-Lex was limited this time; the Regulation text was checked against EUR-Lex page text, and Article 17 of the WEEE Directive against a copy published by IMPEL, the EU environmental enforcement network.
Contact us