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

Market Surveillance on Cosmetic Products in Estonia

Natali PrometHealth Protection Inspectorate

Estoniae-mail: [email protected]

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 km²Coastline: 3794 km Capital: Tallinn Regions: 15 counties Borders: 633 km total339 km with Latvia and

294 km with Russia Distance from Tallinn to Helsinki: 85km; to Riga: 307km;

to St.Petersburg: 395km; to Stockholm: 405kmEstonia 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.

Short historical note (2):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.

Short historical note (3):

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

HPI and Consumer Protection Board10.10.2003 the cooperation agreement between

HPI and Customs

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

Market surveillance bodies and Competent Authorities in Estonia

Market surveillance bodies: HPI - 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

M ic rob io -log ica l

C h em ica l

V iro log ica l P h ys ica l

L ab ora to ries

R ap lam aaD ep artm en t

Ta llin n /H arjuD ep artm en t

Jä rvam aaD ep artm en t

S an ita r Q u aran tin eD ep artm en t

H ea lth P ro tec tion S erviceo f Ta llin n R eg ion

Id a-V iru m aaD ep artm en t

L ä ä n e-V iru m aaD ep artm en t

H ea lth P ro tec tion S erviceo f V iru m aa R eg ion

S aarem aaD ep artm en t

P ä rn u m aaD ep artm en t

L ä ä n em aaD ep artm en t

H iiu m aaD ep artm en t

H ea lth P ro tec tion S erviceo f P ä rn u R eg ion

TartuD ep artm en t

Jõ g evaD ep artm en t

P õ lvaD ep artm en t

V õ ruD ep artm en t

V a lg aD ep artm en t

V iljan d iD ep artm en t

H ea lth P ro tec tion S erviceo f Tartu R eg ion

H ea lth P ro tec tion In sp ec to ra te

M in is try o f S oc ia lA ffa irs

Health Protection SystemMain 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 ServicesSurveillance on consumer goods include

surveillance on cosmetics, chemicals, biocides, toys and other products under the GPS Directive.

Surveillance on services 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)

Number of cosmetic products, which were registered in the Health Protection Inspectorate before placing on the Estonian Market

Number of notified

cosmetic products

(produced/

imported)

Years 1995 II

half

1996 1997 1998 1999 2000 2001 Until 01.09.2002

2003from

31.03.

2004

Number of cosmetic products

2028 4527 4794 6643 9399 10263 13220 6486 5499 13157

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

countries1/3 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 complainsLaboratory testing

Market Surveillance on Cosmetic Products in Estonia 2000-2004

0

1000

2000

3000

4000

5000

6000

7000

Nomber of checked Cosmetic Products Non-complied products Percentage of non compliences

Nomber of checked CosmeticProducts

6093 4871 3614 2071 3002

Non-complied products 248 578 180 363 290

Percentage of non compliences 4,1 11,9 5,0 17,5 9,7

2000 2001 2002 2003 2004

Percent of non-complied Cosmetic Products during Market Surveillance 2000-2004

11,9

17,5

5,04,1

9,7

0,0

5,0

10,0

15,0

20,0

Percent of non-compliedproducts

4,1 11,9 5,0 17,5 9,7

2000 2001 2002 2003 2004

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, triclosane 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 The manual for inspectors how to act on RAPEX

information's was developed by HPI and implemented on 27.05.2004

After accession the European Union HPI received 97 RAPEX notifications about different products and 17 of them were cosmetic products.

Target checks on these information's were organised and fortunately cosmetic products informed were not found on Estonian market.

Notification The notification requirement entered into force in 2003 The notification form was established at the beginning

of 2003 and was made available on the HPI webpage:http://www.tevisekaitse.ee

HPI received notifications about manufacturing or importing of cosmetic products: in 2003 - 148 notifications about 5499 cosmetic

products in 2004 - 420 notifications about 13157 cosmetic

products Due to notification system it is better to organize

market surveillance and to have a better overview

Future development = 3 x “C”

• Coordination

• Cooperation

• Communication

THANK YOU FOR YOUR ATTENTION!