Of course, Ukrainian authorities surely have other priorities and emergencies to deal with! Nevertheless, the implementation of the new Technical Regulation on the safety of cosmetic products has not been postponed.
The new Technical Regulation provides a definition of cosmetic products and several lists of regulated ingredients that are almost identical to those in force in the European Union. The text also includes a definition of nanomaterials that is similar to the definition provided in the European cosmetics regulation, and it refers to GMP (Good Manufacturing Practices). Furthermore, the definition of “manufacturer” is complemented by the notion of “person responsible for placing the product on the market”.
If its entry into force is confirmed, the new regulation should facilitate the access to the Ukrainian market. However, in the meantime, the current procedure remains applicable.
The current procedure
The foreign manufacturer or its authorized representative must:
- Meet the requirements of the Ukrainian Ministry of Health’s Sanitary and Epidemiological Service,
- Meet the requirements of the UkrSepro standards (for some hair products),
- Provide access to the technical file,
- Provide the instructions of use,
- To comply with UkrSepro health inspection and certification procedures,
- Get a positive sanitary and epidemiological assment and provide it together with the products,
- Obtain the UkrSepro Certificate of Conformity (for some hair products).
In practice, the original conclusions of the sanitary and epidemiological assessment and the UkrSepro Certificate of Conformity, or certified copies, are required upon the entry of products on the Ukrainian market - namely from the clearance - and thereafter to the point of sale.
The conclusions of the sanitary and epidemiological assessment is issued by accredited bodies with the Sanitary and Epidemiological Service of the Ministry of Health, based on a documentary analysis and laboratory product testing. Most of the cosmetic products are subject to this requirement. The procedure for obtaining lasts about 3 weeks and the document is valid for a period of 3 to 5 years.
Several hair product categories (such as shampoos, soaps, sprays, etc.) are subject to mandatory certification on the basis of documentary expertise and laboratory testing products. The procedure for obtaining the UkrSepro Certificate of Conformity lasts about 3 weeks and the validity of the document is of 3 years.
Given the current political situation in Ukraine, forecasts regarding the market trends are largely pessimistic. The eventual enforcement the new Technical Regulation should obviously be considered in relation to this broader context.