On 23 September 2011, the Customs Union Commission of Russia, Kazakhstan and Belarus (the "Commission") adopted technical regulations on cosmetic and perfumery safety (the "Regulations"). The Regulations establish requirements for cosmetics and perfumery products intended for external use only (the "Products").
Products that are in compliance with the Regulations are marked with a unified code for circulation on the markets of the member countries of the Customs Union Commission (the "Union Members").
Overall, an interested party must submit a declaration form to prove that the Products are in compliance with the Regulations. Proof may come (i) from testing laboratories (centres) that are accredited in the Union Members' countries and are listed in the Unified Register; or (ii) from "own private documents" that demonstrate compliance. However, Products listed in Annex 12 of the Regulations must be evaluated through state registration. There are also lists of substances that may and may not be used to manufacture the Products.
The Regulations will come into force on 1 July 2012; however, there will be a "transition period". Consequently, until 1 July 2014, Products in compliance with the previously established laws and regulations of the Union Members may be manufactured and circulated during this period if (i) they are accompanied by documents demonstrating that they comply with the requirements of the Union Members' countries; and (ii) these documents were issued or approved prior to the Regulations coming into force. Such Products must also be stamped with the individual national codes for circulation on the market, as opposed the single unified code for circulation on the markets of the Union Members.
[Decision No. 799 of the Customs Union Commission "On adopting the technical regulations of the Customs Union 'On Cosmetics and Perfumery Safety'", dated 23 September 2011 (along with "TR CU 009/2011. Technical Regulations of the Customs Union. On Cosmetics and Perfumery Safety ")]