Customs Union Technical Regulations adopted on perfumery and cosmetics.

17.10.2011

Legal Update No. 278.

Goltsblat BLP advises that decision of the Customs Union Commission of 23 September 2011 No. 299 has approved the Customs Union Technical Regulations “On safety of perfumery and cosmetics” (the Technical Regulations).

1. The Technical Regulations establish mandatory requirements in relation to perfumery and cosmetics intended exclusively for external use, these not being applicable to products for swallowing, inhaling or implanting in the human body, to tattoo products applied by breaking the skin, or products used for diagnosis or treatment of diseases.

2. Perfumery and cosmetics that meet the requirements of the Technical Regulations are to be labelled with a unified mark of product circulation on the market of the Customs Union member states.

3. Lists are confirmed of substances prohibited and permitted for use in perfumery and cosmetics. The given lists are to be regularly updated.

4. Compliance by perfumery and cosmetics with the requirements of the Technical Regulations is assessed in the format of a declaration on the basis of evidence received with the participation of a testing laboratory (centre) duly accredited in the Customs Union member states and the manufacturer’s own evidence.

An exception to this is the list of products contained in Appendix 12 to the Technical Regulations. State registration is required for assessing compliance by the products on the given List.
 
5. Evidence for the purpose of declaring compliance may be obtained on application to any testing laboratory (centre) accredited in the Russian Federation, the Republic of Belarus or the Republic of Kazakhstan and entered in the Unified Register of Testing Laboratories (Centres) of the Customs Union. 

The Technical Regulations come into effect on 1 July 2012, though a certain “transition period” is envisaged after this date.

For instance, until 1 July 2014, manufacture and sale is permitted of products complying with the mandatory requirements previously established by the regulatory and legal acts of the Customs Union or the legislation of the Customs Union member states, provided documents are available on assessment (confirmation) of compliance by the given products with the given mandatory requirements issued or adopted before the Technical Regulations come into effect.  Such products are marked with the national compliance mark (market circulation mark) and are not subject to marking with the unified circulation mark for products on the market of the Customs Union member states.

For additional information, please contact:

Alexander Smirnov,
Head of Commercial Practice, Goltsblat BLP,
T.: +7 (495) 287 44 44,
E: info@gblplaw.com

Nina Belozertseva
Head of Healthcare and Pharmaceuticals Practice,
Goltsblat BLP,
T: +7 (495) 287 44 44,
E: info@gblplaw.com

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