CONFIDENTIAL THE FIFTEENTH MEETING OF THE ASEAN COSMETIC COMMITTEE (ACC) 17-18 November 2010, Hanoi, Viet Nam INTRODUCTION 1. The 15th Meeting of the ASEAN Cosmetic Committee (ACC) was held on 17-18 November 2010 in Hanoi, Viet Nam. The Meeting was preceded by the Meeting of the Heads of Delegations of the ASEAN Member States and the 14th ASEAN Cosmetic Scientific Body (ACSB) Meeting on 16 November 2010 at the same venue. 2. The Meeting was chaired by Ms Sameerah Shaikh Abdul Rahman, Deputy Director, Centre for Post Registration, National Pharmaceutical Control Bureau, Ministry of Health, Malaysia and co-chaired by Ms. Maria Theresa M. Gutierrez, Food and Drug Regulation Officer IV, Supervisor – Regulation Division I, Philippines Food & Drugs Administration, Department of Health, Philippines. 3. The Meeting was attended by delegates from Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, Philippines, Singapore, Thailand, Viet Nam, representatives from the ASEAN Secretariat and the ASEAN Cosmetic Association (ACA). Representatives from the cosmetic industry of ASEAN Member States were also in attendance as observers. The list of delegates appears as ANNEX 1. Opening Ceremony 4. The Meeting was declared officially open by Dr Truong Quoc Cuong, the Director-General of the Drug Administration of Viet Nam. He expressed his pleasure to host the ASEAN Cosmetic Committee meeting for the fourth time since its formation and urged all Member States to continue to work towards the harmonisation of all technical regulations to provide consumers with products meeting international safety and quality standards and at the same time to provide market growth. He emphasised that it is necessary to have regulations and standards to enhance consumer protection. However, it is also extremely important that regulations and standards have to be practical and reasonable for the industry to implement and to be provided the opportunity to grow. He wished all the delegates a fruitful meeting and a wonderful stay in Hanoi. The Opening Remarks appears as ANNEX 2. ______________________________________________________________________________ 15th ASEAN Cosmetic Committee Meeting and its Related Events 16-18 November 2010, Hanoi, Viet Nam 1 CONFIDENTIAL AGENDA ITEM 1 5. ADOPTION OF AGENDA The Meeting adopted the agenda which appears as ANNEX 3. AGENDA ITEM 2 6. : : BUSINESS ARRANGEMENTS The Meeting was held in plenary. AGENDA ITEM 3 : UPDATE ON THE LATEST DEVELOPMENT ON ECONOMIC INTEGRATION AND OTHER DECISIONS IMPACTING THE COSMETIC SECTOR 7. The ASEAN Secretariat updated the Meeting on the recent developments in ASEAN and the decisions made by the ASEAN Leaders during the ASEAN Summit, AEC Council, AEM, SEOM and ACCSQ on issues related to integration initiatives to support trade facilitation. 8. The Meeting noted the following progress made at the ASEAN Summit, AEC Council, AEM and SEOM: ASEAN Summits 9. The 16th ASEAN Summit was held on 8-9 April 2010 in Hanoi, Viet Nam and the 17th ASEAN Summit was held on 28-30 October 2010 in Hanoi, Viet Nam under the theme of “Towards the ASEAN Community – From Vision to Action”. 10. During the ASEAN Summits the ASEAN Leaders noted that ASEAN has made further headway and remarkable progress in implementing the ASEAN Charter which provides the legal basis and institutional framework for the ASEAN Community and the Roadmap for an ASEAN Community by 2015. The ASEAN Leaders also noted the significant follow-ups to the important decisions of the 16th ASEAN Summit, including those related to ASEAN Connectivity and ASEAN Centrality in the evolving regional architecture. 11. The ASEAN Leaders also underscored the importance of effective and onschedule implementation of the programmes/plans of the ASEAN Community Building process and endorsed the Master Plan on ASEAN Connectivity, emphasizing on a well connected ASEAN and the importance of streamlining and integrating the various ongoing initiatives given the limited time to achieve the goal of an ASEAN Community by 2015. 12. The Master Plan on ASEAN Connectivity is a comprehensive Master Plan, encompassing physical, institutional and people-to-people connectivity, which serves to ______________________________________________________________________________ 15th ASEAN Cosmetic Committee Meeting and its Related Events 16-18 November 2010, Hanoi, Viet Nam 2 CONFIDENTIAL further enhance connectivity within ASEAN and promote the connecting between ASEAN and the wider region of East Asia in the long run. It serves to accelerate and synchronise the existing ASEAN initiatives and complement the ASEAN community building process focusing on ASEAN Centrality. The ASEAN Connectivity Coordinating Committee will be established to coordinate and oversee the implementation of the Master Plan. 13. The ASEAN Leaders also noted that some deliverables under the AEC Blueprint for 2008-2009 based on the AEC Scorecard still needed to be achieved. 14. The ASEAN Leaders recognised the significant importance of SMEs for the ASEAN economies and tasked relevant bodies to double their efforts to pursue a strong, dynamic and efficient SME sector that would ensure the sustainable dynamic and efficient SME sector, inclusive and broad-based economic and social development and called on Dialogue Partners and Development Partners to continue their support and assistance in its efforts to promote the development of SMEs in ASEAN. 15. The ASEAN Economic Ministers were requested to carry out more public private dialogue activities for a meaningful and effective AEC. AEC Council 16. The 4th AEC Council Meeting was held on 25 August 2010 in Da Nang, Viet Nam and discussed the progress made with the realisation of the AEC by 2015. The AEC Council recognised the achievements attained for the period 2008-2009 and noted that 20% of the measures due for implementation by 2009 which have not been implemented are in the area of standards and conformance, trade in services, investment and transport. 17. The AEC Council noted with appreciation that Indonesia has completed the transposition of ASEAN Cosmetic Directive (ACD) into the national law and will be put in place the notification system for placement of cosmetic products by 30 December 2010. Indonesia updated the Meeting that the notification system will take effect on 1 January 2011. 18. The AEC Council viewed the AEC Scorecard as a useful tool to guide reform at the national level and requested the ASEAN Secretariat to look into ways to incorporate different levels of progress of implementing AEC initiatives. AEM & SEOM 19. The AEM tasked SEOM to undertake a comprehensive mid-term review of the AEC Blueprint and complete the exercise by the first quarter of 2012. The AEM agreed to request the Economic Research Institute of ASEAN and East Asia (ERIA) to assist the ASEAN Secretariat in this exercise ensuring that the review should not duplicate ______________________________________________________________________________ 15th ASEAN Cosmetic Committee Meeting and its Related Events 16-18 November 2010, Hanoi, Viet Nam 3 CONFIDENTIAL studies and assessment currently being undertaken on the AEC Blueprint, including those intended to improve the AEC Scorecard. 20. The AEM noted the follow-up discussions on the implementation of the measures in the PIS Roadmaps and reiterated its request for Country Coordinator to organise the workshop to review the implementation of sector-specific measures in the PIS Roadmaps. The AEM urged Member States to participate in the workshop. 21. The ASEAN Leaders noted that some deliverables under the AEC Blueprint for 2008-2009 based on the AEC Scorecard still needed to be achieved and requested the relevant Ministers to continue to exert maximum efforts and to work out effective and innovative solutions to ensure timely implementation of the AEC Blueprint measures and to address the issues on constitutional, legislative and regulatory limitations that may impede the implementation of the intra-and extra-ASEAN commitments. The ASEAN Leaders also agreed to strengthen the National Coordinating Agency of each ASEAN Member State in coordinating the implementation of the AEC Blueprint at the national level as implementation effectiveness hinges on the ability of Member States to effectively coordinate across various ministries and Member States. 35th ACCSQ 22. The 35th ACCSQ was held on 2-6 August 2010 in Bangkok, Thailand. The ACCSQ noted that the Indonesia will fully implement the ASEAN Cosmetic Directives in 2011. The ACCSQ also noted that there was no update from Myanmar on the status of the implementation of the ACD. 23. The ACCSQ discussed the concerns raised by the ASEAN cosmetics industry to China during the 6th ACCSQ-AQSIQ Meeting held on 6 August 2010 in Bangkok, Thailand and endorsed the Reports of the 13th and 14th ACC Meetings. 20th ACCSQ WG 2 24. The 20th ACCSQ WG 2 (Accreditation and Conformity Assessment) discussed the accreditation and conformity assessment procedures adopted by the sectoral bodies under the purview of the ACCSQ in their regional commitments including the cosmetic sector. The WG 2 agreed to recommend to the ACC to consider using test reports from accredited testing laboratories and consider defining competence criteria for the testing laboratories under the ASEAN Cosmetic Testing Laboratory Network (ACTLN). 25. The WG 2 also agreed to request all the sectoral bodies under the purview of ACCSQ to discuss the application of the ASEAN Conformity Mark based on the recommendations from WG 2 and provide feedback to the WG 2 using the Introductory Paper on the ASEAN Conformity Mark as a basis for discussion. The WG 2 will send representatives to attend these sectoral meetings to provide more information on the ASEAN Conformity Mark. ______________________________________________________________________________ 15th ASEAN Cosmetic Committee Meeting and its Related Events 16-18 November 2010, Hanoi, Viet Nam 4 CONFIDENTIAL AGENDA ITEM 4 : FOLLOW-UP FROM THE 14th ACC MEETING 26. The ASEAN Secretariat briefed the Meeting on the matters arising from the 14th ACC Meeting held on 8-11 June 2010, at the ASEAN Secretariat and the actions taken on these matters. The matrix of follow-up actions taken appears as ANNEX 4. 27. The Meeting agreed to discuss the pending issues under the corresponding agenda items of the 15th Meeting. 28. The Chair of ACC briefed the Meeting on the outcome of the ACC Heads of Delegations (HoDs) Meeting held on 16 November 2010 and the decisions made by the HoDs on the following issues which was discussed at the meeting. a) Database of notified products 29. The ACC HoDs reviewed the status of implementation of the notification system of ASEAN Member States and agreed to consider the development of the database for the notified products at the later stage when all Member States have comparable systems. The ACC HoDs noted that some Member States had only manual notification, some have migrated to online notification while some accepted both manual and online notification. b) ASEAN Cosmetic Testing Laboratory Network (ACTLN) 30. The ACC HoDs noted the progress made in the efforts to carry out the improvement of the cosmetics testing laboratories. The ACC HoDs further noted the guidance from the ACCSQ WG 2 on the importance of accreditation and test reports from accredited laboratories, and discussed the key elements for the establishment of the ACTLN. The ACC HoDs agreed to organise a meeting among technical experts from the cosmetic laboratories of Member States and representatives from the WG 2 in March 2011 to draft the Terms of Reference (ToR) of the ACTLN and other issues such as training and capacity building to support the establishment of the network. c) Structure of ACC 31. The ACC HoDs reviewed the structure of the meetings of the ACC and considered the options for holding sessions among regulators only and options for communication plans and outreach to the business community. In this regard, the ACC HoDs agreed to hold a half-day public-private forum followed by a half-day meeting for the regulators on the same day, to be followed by the ACSB and ACC meetings with effect from the 17th ACC Meeting. ______________________________________________________________________________ 15th ASEAN Cosmetic Committee Meeting and its Related Events 16-18 November 2010, Hanoi, Viet Nam 5 CONFIDENTIAL d) Additional requirements imposed by AMS 32. The ACC HoD reviewed the requirements for printing of notification numbers on labels of cosmetic products and certificate of free sales and discussed the rationale for the Member States to impose these requirements. The ACC HoDs also noted the challenges faced by the post market surveillance authorities when verifying the notified status of these products in the market. In this regard, the ACC HoDs acknowledged that further discussions need to be carried out to overcome these challenges and agreed to further discuss this matter at the 16th ACC Meeting. e) Requirements in the ASEAN Cosmetic Directive for the role of regulators 33. The ACC HoDs considered the proposal from Indonesia on the need for a clearer definition of the role of the regulators in the ASEAN Cosmetic Directive (ACD). Noting that the ACD is a directive for the Member States to put into place the criteria for the manufacturers and importers to ensure the safety, quality and claimed benefits of the cosmetic products that they put into the market, the ACC HoD agreed to allow the regulators to carry out audits in line with their national requirements to ensure product safety and quality are not compromised. f) Engaging the industry in the cosmetic sector 34. The ACC HoD also discussed the proposal from the ASEAN Secretariat for the organisation of the public-private forum as a means of outreach to the business community. The ACC HoD noted that the aim of the proposed public-private forum is to share information related to the ASEAN integration initiatives to the business community and provide updates on the regulatory requirements of each Member State. The ACC HoDs also acknowledged that the public-private forum will benefit the regulators as well as the business community and noted the success of the public-private forum held by the medical device sector. The forum will be a two-way communication mechanism between the regulators and industry for feedback and discussion on issues related to the cosmetic sector. The agenda of the forum will be developed based on consultations with the regulators and the industry on the priority of issues. 35. In this regard, the ACC HoDs agreed to organise a public-private forum for the cosmetic sector back-to-back with the 17th ACC Meeting. AGENDA ITEM 5 : PROGRESS OF THE IMPLEMENTATION OF THE ASEAN COSMETIC DIRECTIVE 36. The Meeting discussed the progress made on the implementation of the ACD at the regional and national levels and agreed to discuss the specific aspects under the corresponding agenda items. The reports on the overall status of implementation of the ______________________________________________________________________________ 15th ASEAN Cosmetic Committee Meeting and its Related Events 16-18 November 2010, Hanoi, Viet Nam 6 CONFIDENTIAL ACD from Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, Philippines, Singapore, Thailand and Viet Nam appear as ANNEX 5. 5.1 Status of implementation of the notification system for placement of cosmetic products by ASEAN Member States 37. The Meeting noted the status of the notification system for the placement of the cosmetic products in the ASEAN Member States which appears as ANNEX 6. 38. The Meeting noted that the notification system is in place in all Member States except Indonesia and Myanmar. Indonesia informed the Meeting that the notification system will be in place with effect from 1 January 2011 for all cosmetic products. 39. The Meeting also noted that there is no update from Myanmar on the status of the notification system in Myanmar. 40. The Meeting noted the concern from the ASEAN Cosmetic Association (ACA) on the requirements to print the notification number on the labels of the cosmetic products in some Member States. In this regard, the Chair explained that the concerns of the industry on this matter have been acknowledged by the ACC HoDs. The Meeting also noted that these are interim measures adopted by the respective Member States to overcome the current challenges faced for product traceability, noting the role of the regulators to ensure consumer protection. The Meeting assured the industry that this matter will be further discussed by the ACC HoDs during the next meeting. 5.2 Issues faced by the industry following the implementation of the ASEAN Cosmetic Directive 41. The representative from the ACA updated the Meeting on the issues faced by the industry following the implementation of the ACD. The presentation from ACA appears as ANNEX 7. 42. The Meeting noted the challenges faced by industry with the efficiency of the notification of the cosmetic products, the need for a common understanding and interpretation of the requirements of the ACD among regulators and the industry, preparation of the Product Information File (PIF) to support post market surveillance activities and more hands-on trainings on understanding document requirements and safety assessment of ingredients. 43. The Meeting thanked the ACA for the feedback on the challenges faced by the industry with the implementation of the ACD and reiterated that the regulators have given the responsibility of product safety to the industry but there is a need for the regulators to exercise some form of control to ensure that product safety and quality are not compromised. ______________________________________________________________________________ 15th ASEAN Cosmetic Committee Meeting and its Related Events 16-18 November 2010, Hanoi, Viet Nam 7 CONFIDENTIAL 44. Brunei Darussalam raised concern on the update from the ACA that the low rejection rate of notified products in Malaysia, Singapore and Philippines may imply that the rejection rate of notified products in other Member States are relatively higher. In this regard, the ACA clarified that the information provided is based on feedback received from associations from Member States who are members of ACA. 45. Malaysia sought clarification from ACA on the source of information on the low rate of rejection of notified products in Malaysia and also raised concern on the difficulties of some companies to present the required parts of the PIF during audits. 46. The Meeting also discussed the non-compliance to the ACD of manufacturers not based in ASEAN and agreed to explore ways to provide training for their distributors based in ASEAN. The ACA informed the Meeting that training programmes for the distributors are being carried out and agreed to follow-up on Lao PDR’s recommendation for more hands-on training for the distributors. 47. The ACA further updated the Meeting on their initiative to establish collaborative initiatives with their counterparts in China, EU, Japan and Korea to promote the compliance of the ACD requirements of imported products. 48. The Meeting agreed to consider the issues raised by the ACA during the next ACC HoD meeting and requested the ACA to provide more details on the issues raised by 31 January 2011 for further deliberation by the ACC HoDs. The ACA may also wish to submit the latest updates on the issues faced at least one month prior to the next meeting. 5.3 Raising consumer awareness on the implication of ACD and the safe use of cosmetic products 49. The Meeting noted the initiatives taken by Member States to raise consumer he awareness on the safe use of cosmetic products. Member States have taken various initiatives which include seminars and training programmes, and wider dissemination of information through the use of media and publications. The Meeting noted the national efforts taken to raise consumer awareness which is summarized as follows: a) Brunei Darussalam - live radio interviews; and - Leaflet on Safe Use of Cosmetic Products. b) Indonesia - information brochures, posters, modules for cosmetic information/knowledge dissemination to increase awareness of the consumers; - public warning on unsafe cosmetic through electronic media and television; ______________________________________________________________________________ 15th ASEAN Cosmetic Committee Meeting and its Related Events 16-18 November 2010, Hanoi, Viet Nam 8 CONFIDENTIAL - - trainings by the National Agency of Drug and Food Control and Provincial Health personnel to coach on the consumer awareness program or activities; and direct cosmetic information dissemination to the targeted consumer groups (women organization, teachers, students, consumer association/body, etc). c) Lao PDR - Public education through mass media d) Malaysia - on-going partnership between the Ministry of Health and other stakeholders for consumer protection and education; - collaboration with the consumer associations on the safe use of cosmetics through sharing of information and technical knowledge on the cosmetics ingredients of concern as well as matters related to the safety and quality of cosmetics; and - press releases to notify public to discontinue using unsafe cosmetics. e) Philippines - Cosmetic Industry Advocacy Programme (“Read the Label”) to be launched in several phases beginning first quarter of 2011. f) Thailand - public education and consumer behavior development through mass media (TV/radio programmes, poster, pamphlet and handouts) targeted for consumers and government organizations; - public relations on how to use cosmetic products safely through mass media for (TV, radio, website, etc.); and - official channels for consumer to file their complaint. g) Viet Nam - TV channel (O2TV) to communicate health issues including educating consumers on the safe use of cosmetic products; and - Information to consumers on recalled products via public media. 50. The Meeting noted the proposal from Singapore to explore a regulatory/industry co-development of an ASEAN Consumer Information Handbook on the safe use of cosmetic products. The ACA agreed to assist with the drafting of the proposed handbook and will liaise with Singapore for more guidance on the development of the handbook. Member States were requested to provide any information available on national initiatives on consumer awareness to Singapore such as pamphlets, bulletins to enable ACA to develop the handbook to Singapore by 31 December 2010. ______________________________________________________________________________ 15th ASEAN Cosmetic Committee Meeting and its Related Events 16-18 November 2010, Hanoi, Viet Nam 9 CONFIDENTIAL 51. The Meeting requested ACA to present the first draft framework of the handbook at least one month prior to the 16th ACC Meeting for consideration by the Member States. 5.4 Enhancing the capability of SMEs to comply with the ACD 52. The Meeting discussed the capability of the Small and Medium Enterprises’ (SMEs) of Member States to meet the requirements of the ACD as well as the challenges faced with the preparation of the PIF and compliance to the GMP and safety requirements. 53. The Meeting noted that SMEs comprise both local manufacturers and importers and that the proportion of the local manufacturers and importers differ among ASEAN Member States. The Meeting noted the efforts by ASEAN Member States to enhance the capability of SMEs by carrying out workshops, trainings, and seminars on PIF audits, GMP audits and safety assessments. 54. The Meeting noted the difficulty faced by the SMEs from most Member States to present the complete PIF. In this regard, the Meeting noted that currently most industries have no difficulty in presenting Part I of the PIF. Noting that this could be a common issue among all Member States, the Meeting agreed to further deliberate this matter at the next ACC HoD meeting. 55. The Meeting also requested the ASEAN Secretariat to seek the cooperation of the European Commission to share experience and information on preparation and submission of product information to the regulatory authorities taking into consideration the implementation of the simplified product safety report. 5.5 Post market surveillance 56. The Meeting discussed the national efforts taken by their respective enforcement authorities on the post market surveillance of cosmetic products for the effective implementation of the ACD and the key problems encountered. 57. Singapore presented to the Meeting the progress report of the Post Market Alert System (PMAS) activities from January-October 2010 on the alerts by product groups, types of alerts, comparison of data, and improvement and suggestion. The report from Singapore appears as ANNEX 8. 58. The Meeting noted that 277 alerts were received for 359 products covering cosmetics, pharmaceuticals/biological, traditional medicines and health supplements. A total of 292 products were cosmetic products. The Meeting also noted that the highest incidences for the type of alerts received was for non-compliance to the ACD followed ______________________________________________________________________________ 15th ASEAN Cosmetic Committee Meeting and its Related Events 16-18 November 2010, Hanoi, Viet Nam 10 CONFIDENTIAL by adulteration with pharmaceutical ingredients and failed registration inspection. The other types of alerts include withdrawal or cancellation of registration due to drug safety concern, failed registration inspection, microbial contamination heavy metals, labeling issues and counterfeit. 59. The Meeting also compared the alerts from 2006 to 2009 and noted the increase in the number of alerts for the cosmetic products. 60. Lao PDR informed the Meeting that there was no report to the PMAS due to limited cosmetic analysis capabilities in Lao PDR. 61. The Meeting further noted the recommendations from Singapore for the improvement of the reporting form taking into consideration the feedback received from the PMAS coordinators from Cambodia, Indonesia, Philippines and Viet Nam. The Meeting noted that the revision of the Reporting Form include: 62. Amendment of selection categories; Details on the type of information required to guide the user to provide further information on the form; and Creation of a new template (Form B) to cater for multiple products of the same product and similar reason of recall. The revised format appears as ANNEX 9. AGENDA ITEM 6: ASEAN COSMETIC TESTING LABORATORY NETWORK 63. The Meeting noted that the ACC HoDs discussed the key elements in establishing the ToR for the ASEAN Cosmetic Testing Laboratory Network (ACTLN). 64. The Meeting agreed for the organization of a two-day meeting in March 2011 in Thailand to discuss the ToR of the ACTLN and other issues such as training and capacity building to support the establishment of the network. The Meeting agreed to invite representatives from ACCSQ WG 2 (Accreditation and Conformity Assessment), representatives from the ASEAN Cosmetic Reference Laboratories and the ASEAN Secretariat to assist with the drafting of the ToR of the ACTLN. Thailand was requested to inform the Member States of the exact date and venue of the meeting through the ASEAN Secretariat. 65. Thailand updated the Meeting on the ASEAN Cosmetic Reference Laboratory (ACRL) and the Meeting to include the criteria for ACRLs and its responsibilities in the ToR of the ACTLN. ______________________________________________________________________________ 15th ASEAN Cosmetic Committee Meeting and its Related Events 16-18 November 2010, Hanoi, Viet Nam 11 CONFIDENTIAL 66. The Meeting proposed to hold a one-day meeting back-to-back with 16th ACC Meeting to finalise the ToR and action plan of the ACTLN. 67. The Meeting also discussed the proposal for a workshop on the hydroquinone test kits. Singapore informed the Meeting that Cambodia, Indonesia and Lao PDR supported the organisation of the workshop. The Meeting discussed the need for the workshop and agreed it was not necessary to organise a workshop for the test kits and requested Member States to liaise with Thailand for more information on the test kit. AGENDA ITEM 7 : REPORT OF THE 14TH ASEAN COSMETIC BODY MEETING SCIENTIFIC 68. The Chair of the ASEAN Cosmetic Scientific Body (ACSB) reported the outcome of the 14th ACSB Meeting held on 16 November 2010 in Hanoi, Viet Nam. The Report of the 14th ACSB Meeting appears as ANNEX 10. 69. The Meeting noted that the ACC HoDs have discussed the possibility of the nomination for the ACSB Secretary could also be opened to experts from the ASEAN Member States and not limited to a representative from ACA. The Meeting further noted the offer from Malaysia to provide secretariat support to the ACSB. In this regard, the Meeting agreed that the proposals of nominations will be discussed at the next ACSB meeting taking into consideration the ToR of the ACSB. 70. The Meeting endorsed the Report of the 14th ACSB Meeting. AGENDA ITEM 8 : TECHNICAL ASSISTANCE AND CAPACITY BUILDING PROGRAMME FOR THE COSMETIC SECTOR 71. The ASEAN Secretariat updated the Meeting on the findings and recommendations made from survey carried out by APRIS II on the implementation of the ACD. The Meeting noted the following key recommendations and observations: a) There is a need to enhance communication between all stakeholders involved with the implementation of the ACD. b) There is a need to strengthen the regional testing capabilities which includes the development of common regional testing methods for product classes or substances that present significant risk. c) There is a need to establish, fund and operate an effective regional laboratory network with a ToR, mandate and structure of the network. ______________________________________________________________________________ 15th ASEAN Cosmetic Committee Meeting and its Related Events 16-18 November 2010, Hanoi, Viet Nam 12 CONFIDENTIAL d) The reference laboratories and network could be tasked with supporting the development of common regional testing methods, inter-comparison programmes, proficiency testing and sampling regimens. e) There is a need to establish a master sampling plan for post market surveillance based on risk assessment. This would be a useful adjunct to the ACD whereby a comparison of the intensity of sampling and testing would provide additional confidence in detecting non-conforming product and assurance of the safety of cosmetics products. 72. The ASEAN Secretariat further presented proposal for technical assistance and capacity building for the cosmetic sector under the ASEAN-EU Programme for Regional Integration Support 3 (APRIS 3). The ASEAN Secretariat’s proposal appears as ANNEX 11. 73. The Meeting endorsed the proposal for technical assistance and requested the ASEAN Secretariat to submit it to the EU for onward action. AGENDA ITEM 9 : AEC SCORECARD 74. The Meeting noted the status of the measures of the AEC Scorecard implemented in 2008-2009 for the standards and conformance area presented to the 4th AEC Council Meeting. 75. The Meeting also reviewed the status of implementation of the measures for the cosmetic sector and agreed to consider further measures that need to be monitored for effective implementation of the ACD at the regional level for inclusion in the AEC Scorecard. In this regard, the Meeting agreed to consider the measures to be included in the AEC Scorecard at the next ACC HoD Meeting. AGENDA ITEM 10 : 10.1 OTHER MATTERS ASEAN-China cooperation in the cosmetic sector 76. The ACCSQ representative from Viet Nam updated the Meeting on the outcome of the 6th ACCSQ-AQSIQ Meeting held on 6 August 2010 in Bangkok, Thailand and the progress made with regards to the issues raised by the ASEAN cosmetics industry on the challenges faced when placing cosmetics products in China. 77. The Meeting noted that the AQSIQ had informed the ACCSQ that the ImportExport Control for Cosmetic and the State Food and Drug Administration (SFDA) are the relevant agencies to raise issues related to cosmetics and requested the ACCSQ to ______________________________________________________________________________ 15th ASEAN Cosmetic Committee Meeting and its Related Events 16-18 November 2010, Hanoi, Viet Nam 13 CONFIDENTIAL send the issues raised by the ASEAN cosmetic industry to AQSIQ. The AQSIQ will liaise with the relevant agencies and revert back to ACCSQ. 78. The Meeting noted that ACA had re-submitted the issues to be raised with AQSIQ to Viet Nam as the Country Coordinator for the ACCSQ-AQSIQ cooperation. In this regard, the Meeting agreed to endorse the letter from ACA and to request the ACCSQ representative from Viet Nam to follow-up with the submission of the issues raised by the ASEAN cosmetic industries to AQSIQ for onward action. The ACCSQ representative from Viet Nam was requested to provide feedback on the progress made on this matter to the ACC. The letter from ACA appears as ANNEX 12. 79. The Meeting also noted that the 36th ASEAN-China Trade Negotiating Committee (ACTNC) will be held on 30 November – 2 December 2010 in Luang Prabang, Lao PDR. 10.2 Organisation of a Cosmetic CEO Forum by ACA 80. The representative from ACA briefed the Meeting on the progress made with regards to the proposal for the organisation of the Cosmetic CEO Forum. The Meeting noted that the forum will be held on 17 February 2011 in Singapore. The ACA’s presentation appears as ANNEX 13. 81. The Meeting commended ACA for the effort taken to organize the Cosmetic CEO Forum. 10.3 Pool of Safety Experts 82. Malaysia proposed a new initiative to establish a pool of safety experts for the cosmetic sector at the national level and will explore the possibility of extending it at the regional level. Malaysia agreed to provide further information at the next ACC meeting. 10.4 Structure and operations of ACA 83. Malaysia sought clarification from ACA on more information on the structure and operations of ACA. The ACA clarified that the organizational structure and its action plan were presented at the 13th ACC Meeting and is also available in the ACA website. The ACA further informed the Meeting that the Federation of Malaysian Manufacturers Malaysian Cosmetics and Toiletries Industry Group is a member of ACA. The ACA agreed to make a presentation at the 16th ACC to update progress of the activities of ACA. ______________________________________________________________________________ 15th ASEAN Cosmetic Committee Meeting and its Related Events 16-18 November 2010, Hanoi, Viet Nam 14 CONFIDENTIAL AGENDA ITEM 11 : DATE AND VENUE OF THE 16th ACC MEETING 84. The Meeting thanked Brunei Darussalam for their gracious offer to host the 16th ACC Meeting which will be held in mid-June 2011. The Meeting also requested Brunei Darussalam to consider holding a one-day meeting for the ACTLN Experts’ Group backto-back with the 16th ACC Meeting. 85. The Meeting further requested the kind consideration of Cambodia to host the th 17 ACC Meeting during the second half of 2011. AGENDA ITEM 12 : ADOPTION OF THE REPORT 86. The Meeting considered and adopted the Report of the 15th ASEAN Cosmetic Committee Meeting held on 17-18 November 2010 in Hanoi, Viet Nam. ACKNOWLEDGEMENT The delegates from Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, Philippines, Singapore and Thailand expressed their appreciation to the Drug Administration of Viet Nam for the warm hospitality extended and the excellent arrangements made for the Meeting. The delegates also expressed their appreciation to the ASEAN Secretariat for the assistance provided to the Meeting. The Meeting was held in the traditional spirit of ASEAN cordiality and solidarity. >>><<< ______________________________________________________________________________ 15th ASEAN Cosmetic Committee Meeting and its Related Events 16-18 November 2010, Hanoi, Viet Nam 15