Premium Beauty News - For several months, there has been much talk about regulatory reforms in Russia. What is it all about?
Olga Lambert, SGS
Olga Lambert - Two major reforms are going to directly affect cosmetic products. It concerns firstly, the adoption of Technical Regulations on fragrances and cosmetics and, secondly, the creation of a Customs Union between Russia, Kazakhstan and Belarus, a first step towards a genuine common market by 2012.
Premium Beauty News - How will the Customs Union impact the cosmetics industry?
Olga Lambert - First, the level of customs duties will evolve in order to align themselves with the common tariff. But more importantly, the governments of the three countries have reached an agreement on the movement of goods which, like cosmetics, are subject to a compulsory procedure in order to control their compliance. Under the agreement, the relevant products will be tested and certified in one of the member countries according to criteria common to all three countries. The goal is to allow free movement on the whole territory of the Customs Union, without restriction, to picture what is done within the European Union.
The creation of the Customs Union leads to logical changes in the procedure of placing on the market of cosmetic products. It should be remembered that this procedure is undertaken through two steps: Firstly, the products’ sanitary control and then the declaration of conformity. Sanitary control is now performed at the level of the Customs Union. Depending on products, it can takes the form of either a "Sanitary Expertise" or of a "Registration".http://www.fr.sgs.com/sgssites/gost/documents/sgs-monitoring-russie-et-cei-liste-des-produits-soumis-au-controle-sanitaire-ru-10.pdf">* Are subject to "Registration", cosmetic products and oral care products other than those from the family 33 of the HS.]
As part of the Sanitary Expertise, the clearance of products requires the presentation of a technical report confirming the safety of products, based on tests conducted in laboratories accredited within the common system of the Member States of the Customs Union. As part of the Registration process, which must be undertaken prior to placing on the market (or before customs clearance for imported goods) several documents are required, including a technical and administrative file provided by the manufacturer, toxicological tests and clinical trials. These data are registered into the unique sanitary base of the Customs Union before the sanitary registration is issued.
Finally, with the creation of the Customs Union, Technical Regulations promulgated within the domestic systems of each member country will be common and valid on the territory of the Customs Union.
Premium Beauty News - It is within this context that the adoption of the Technical Regulations on fragrances and cosmetics in Russia comes into play?
Olga Lambert - Partially. Since 2006, the Russian Government has begun a huge regulatory reform to improve the quality of products manufactured locally and imported.
The federal law on technical regulation for cosmetic products and fragrances should be passed by the Duma of the Russian Federation in the coming spring. We can already consider that it is a great step towards an harmonization with the technical rules in force in the European Union.
Premium Beauty News - In concrete terms, what will be the changes?
Olga Lambert - Technically speaking, Russian regulations will be similar to EU regulations. This first of all concerns ingredients since requirements related to the composition of cosmetic products will be harmonized with the provisions of the EU Directive 76/768/EEC on cosmetics. These requirements are more complete than the characteristics of current local sanitary standards (SanPiN).
The main principles of the "Cosmetic products and fragrances Special Technical Regulations are the following:
The registrant (manufacturer or distributor) shall bear full responsibility for all safety aspects related to cosmetic products;
Cosmetic products and fragrances should not be harmful to human health and environment;
Regulation requirements shall protect consumers against confusion;
State agencies will be in charge of controlling the quality of marketed products.
Under the bill, the safety of cosmetic products and fragrances is guaranteed by the compliance to the conditions pertaining to the composition, the microbiological characteristics, the concentrations in toxic elements, toxicological safety, clinical safety, to the conditioning and consumer information.
In practice, Technical Regulations will be based on various existing sources with some amendments. Thus, the requirements for microbiological characteristics and concentrations of toxic elements are based on the standards of the Russian Federation, the requirements concerning labelling and consumer information are determined by GOST 51391 standards, "Cosmetic products and Fragrance" and consumer information is based on the law on "The protection of consumer rights."
Like all technical regulations, the text applicable to cosmetics will list product categories that are either subject to a mandatory declaration of conformity or a mandatory certification of compliance.
Premium Beauty News - The adoption of the Regulations will lead to changes in procedures for placing on the market?
Olga Lambert - Currently, the certificate of compliance is achieved through the declaration of conformity in accordance with GOST R local standards When Technical Regulations come into force, they will become the standard of reference and the certificate of compliance for cosmetic products and fragrances will be granted according to three procedures:
the declaration of conformity or the certificate of compliance according to the standards listed in the Technical Regulations,
or the State registration for cosmetic products intended for children under 3 years,
or the control on products’ state of compliance.
