Market Surveillance On Cosmetic Products In Estonia

Market Surveillance on Cosmetic Products in Estonia Natali Promet Health Protection Inspectorate Estonia e-mail: [email_address] 11.03.2005, Brussels

Content of the presentation

Introduction

Legislation

Short historical note

Market surveillance (MS) bodies

Health Protection Inspectorate (HPI) as the Competent Authority, its structure

Agreements between HPI, Consumer Protection Board & Customs

Market of the Cosmetic Products in Estonia

Market surveillance activities

Results of MS 2000-2004

Laboratory testing

RAPEX

Notification

Estonia in brief

Population: 1 356 000

Area: 45 227 km²

Coastline: 3794 km

Capital: Tallinn

Regions: 15 counties

Borders: 633 km total

339 km with Latvia and

294 km with Russia

Distance from Tallinn to Helsinki: 85km; to Riga: 307km; to St.Petersburg: 395km; to Stockholm: 405km

Estonia stretches 350 km from east to west and 240 km from north to south

Legislation

The “Cosmetics Directive” 76/768/EEC is transposed into Estonian national legislation by 2 Regulations:

Government Regulation 13.08.2002 No. 259 “Requirements for cosmetic products and their handling” based on the Public Health Act (14.06.1995)

Regulation of the minister of the Social Affairs 20.08.2004 No. 32 “Rules for Labelling of Cosmetic Products” * based on the Trading Act (11.02.2004)

* The previous regulations on labelling of Cosmetic Products was since 09.04.2002

Short historical note (1):

Period from 21.07.1995 to 01.09.2002 – pre-market control:

When the Public Health Act (14.06.1995) came into force

all imported and domestically produced cosmetic

products were checked and registered in the HPI before

placing on the market. Pre - market control existed until

01.09.2002.

Period from the second half of 2000 and until 01.09.2002 pre-market and in-market control existed at the same time :

Real in-market surveillance on cosmetic products

started in the second half of the year 2000. To

organise market surveillance more effectively the

cooperation agreement between HPI and Consumer

Protection Board have been signed on 24.05.2000.

Period from 01.09.2002 and up to now – in-market surveillance

Period from 01.01.2003 and up to now – in-market surveillance + notification

Cooperation agreements:

24.05.2000 the cooperation agreement between H P I and Consumer Protection Bo a rd

10.10.2003 the cooperation agreement between H P I and Customs

The main item of these agreements is to avoid duplication in market surveillance, cooperate and exchange of information

Market s urveillance bodies and Competent Authorities in Estonia

Market s urveillance bodies:

H P I - under the Ministry of Social Affairs

surveillance of cosmetic products at the place of producers/importers and distributors

Consumer Protection Board under the Ministry of Economy and Communication

surveillance of cosmetic products at the place of retailers

Competent Authorities:

Health Protection Inspectorate (Dir.76/768/EEC Art.7a(1) and (4); Dir.95/17/EC Art.10)

http://www.tervisekaitse.ee

Chemical Notification Centre (Dir.76/768/EEC Art.7(3))

http:// www.ktk.ee

(publication 13 .11. 2004, OJ C 278 , pages 2,9 )

Structure of Health Protection System

Health Protection System

Main fields of activities:

Epidemiology and infectious diseases;

Surveillance on health safety:

food safety in retail and catering services;

safety and quality of drinking water;

safety of mineral water;

children hygiene (requirements in schools and kinder gardens);

surveillance of noise, vibration and electromagnetic fields in public environment ;

and also

Consumer Goods and Services

Surveillance on consumer goods include surveillance on cosmetics, chemicals, biocides, toys and other products under the GPS Directive.

Surveillance on s ervices include surveillance of the requirements in hairdressers, manicure-pedicure, beauty services, saunas and pest control services.

Working stuff, dealing with the market surveillance of consumer goods and services:

Head office – HPI (1 chief specialist)

4 regional Health Protection Services (5 chief inspectors) which include 15 county departments (county department inspectors are involved mainly to control services)

Market of the Cosmetic Products in Estonia (1) 13157 5499 6486 13220 10263 9399 6643 4794 4527 2028 N u mber of cosmetic products 2004 2003 from 31.03. Until 01.09. 2002 2001 2000 1999 1998 1997 1996 1995 II half Years N u mber of notified cosmetic products (produced/ imported) N u mber of cosmetic products, which w ere registered in the Health Protection Inspectorate before placing on the Estonian Market

Market of the Cosmetic Products in Estonia (2)

Up to 13000 new Cosmetic Products are marketed in Estonia per year

According to the notification data 2004:

13157 Cosmetic Products came from 38 different countries

1/3 notified products (4386) are from the third countries (not from the European Community)

Estonian producers (5) notified about 36 Cosmetic Products (0,27% of the total number)

Market surveillance activities:

Pro-active activities: planned control, including target checks

Re - active: control on information (Consumer Protection Board, Customs and RAPEX information)

Re - active: control on c omplains

Laboratory testing

Main non-compliances:

Main deficiencies are on labelling of cosmetic

products (the label in the national language is

missing, ingredients are not in INCI, the national

label covers the ingredients list, minimum

durability (best before...) is not marked, conditions

of use and warnings, which must be printed on the

label are missing etc.)

Laboratory testing

Since 2000 have been tested 50-200 different cosmetic products per year

Single findings of microbiological contamination of cosmetic products were found in 2002 and 2004 (before accession the EU)

HPI laboratory is able to carry out the following tests:

determination of formaldehyde, fluoride, DAP, OTD, MTD, PTD, OPD, MPD, PPD, resorcinol, parabens, phenoxyethanols, tri c losan e in cosmetic products.

The implementation of new laboratory methods needs resources and we would like to know the possibilities and costs of testing of the cosmetic products in other EU countries for the further cooperation.

RAPEX