Animal welfare: Ban on cosmetics animal testing from 2009

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Series Details 13.11.02
Publication Date 11/11/2002
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The Council of the European Union and the European Parliament reached an agreement on 7 November 2002 to ban the testing of cosmetics products on animals within the EU from 2009 and to also ban the sales of products which have been tested on animals outside of the EU.

The agreement was reached at a meeting of the Council-Parliament conciliation committee after months of dispute over the date when the ban should entry into force and the compromise was only reached after a 12-hour session of negotiations. The final agreement has still to be endorsed by the European Parliament (majority of votes cast) and the Council (qualified majority voting procedure) before the Directive can be adopted.

The European Commission sought to end cosmetics animal testing in the EU with a proposal put forward in April 2000 [COM (2000)189 final]. The proposal suggested prohibiting the performance of tests on animals within the EU Member States but it did not prohibit the marketing of products which have been tested on animals because it feared this would be contrary to international trade law. However, at this first reading of the proposal on 2 April 2001, the European Parliament voted to introduce an amendment that would provide for a marketing ban in any future Directive. In addition, MEPs called for funding from the Sixth Framework Research Programme to be invested in the development of new non-animal testing methods and a full list of ingredients to be provided on all cosmetic products.

Following its initial examination of the proposal in May 2001, the Council of the European Union called on the European Commission to present an amended proposal. The second version [COM(2001)697], presented by the European Commission in November 2001, suggested a number of changes including the Parliament's suggestion of providing research funding for the development of other means of testing. However, the Parliament's proposals for a marketing ban and a full list of products to be made available were not incorporated. In February 2002 the Council outlined its common position on the proposal, broadly supporting the European Parliament's opinion but suggesting a more specific timeframe that would implement the EU testing ban progressively and also introducing the marketing ban over a specific timeframe but only once alternative testing methods had been established and accepted at international level within the framework of the Organisation for Economic Co-operation and Development.

However at its second reading in June 2002 members of the European Parliament stuck to their strict timetable, voting for an immediate ban on the sale of new cosmetics tested on animals where other testing methods were possible, to be followed by the end of 2004 by a complete ban even if no other validated method is available. MEPs also voted to ban the sale of products tested on animals anywhere in the world although this would be introduced over a ten year period, more in keeping with the Council's common position. According to the European Parliament such a ban was essential to prevent European cosmetic companies locating their firms beyond EU borders enabling them to carry on testing on animals even when the EU ban had entered into force.

The agreement reached at the conciliation committee aims to improve animal welfare without jeopardising consumer safety whilst averting an international trade dispute. The main elements of the agreed proposal are:

  • Ban on animal testing and sales will start immediately where alternative non-animal tests are available
  • Funding to be provided for research into the development of other tests on cosmetics that do not involve animals
  • Complete ban on thirteen animal tests will come into force from 2009
  • Further three tests will be banned from 2013 once alternatives have been found

Whilst the proposal awaits the final go ahead from the EU institutions in December animal rights campaigners are already saying it does not go far enough. The Royal Society for the Prevention of Cruelty to Animals condemned the agreement. The deputy head of the international branch of the organisation, Marlou Heinen, said:

'We are very disappointed that the European Parliament was unable to maintain its position and gave into pressure of EU member states. It is unacceptable that animal testing for more so-called 'new' and 'improved' cosmetic products will be allowed to continue indefinitely in these three areas which cause most animal suffering. Animal testing for cosmetics is inexcusable and unnecessary and should now have been ended once and for all'.

The international news service, CNN, reported that the American based 'People for the Ethical Treatment of Animals' (Peta), which is believed to be the world's largest animal rights group, had also criticised the EU's decision, saying:

'This ban is not even set to come in until 2009, yet hundreds of cosmetic companies all around the world already use alternative, humane and effective tests - it's about time the European Union came on board.'

The RSPCA estimates that 38,000 animals, including rabbits, mice and guinea pigs, continue to be used in the European Union in experiments to develop and test new cosmetic ingredients and products every year. Even when the general ban comes into force in 2009, three of the current fourteen animal tests used in cosmetics production will be allowed to continue until 2013 since alternatives to these are expected to be difficult to find. Animal rights campaigners claim that such a timetable means animals will continue to be subject to cruelty through cosmetics testing for a further decade.

Links:
Council of European Union:
07.11.02: Press release: Parliament - Council conciliation committee - Agreement on the banning of animal testing for cosmetics [PRES/02/291]
 
European Parliament:
Report on Cosmetic products - seventh amendment of Directive 76/768/EEC [A5-0180/2002]
 
European Commission:
05.04.00: Press Release: Commission proposes banning animal testing for cosmetics in the EU [IP/00/335]
Proposal for a Directive amending for the seventh time Council Directive 76/768/EEC on the approximation of the laws of the Member States relating to cosmetic products [COM(2000)189 final]
Amended Proposal for a Directive amending for the seventh time Council Directive 76/768/EEC on the approximation of the laws of the Member States relating to cosmetic products [COM(2001)697 final]
 
Royal Society for the Prevention of Cruelty to Animals:
08.11.02: Cosmetics testing decision condemned
12.06.02: Government urged to support EU cosmetics ban
 
BBC News Online:
07.11.02: EU deal on animal-tested cosmetics
 
European Sources Online: Financial Times:
08.11.02: EU deal over cosmetics tested on animals
12.06.02: European Parliament votes to ban sale of cosmetics tested on animals
 
European Sources Online: European Voice
11.07.02: Busquin calls for action to save animals from drug testing
20.06.02: Lamy warns MEPs over cosmetics stance
 
European Sources Online: In Focus
MEPs vote to ban animal-tested cosmetics
Testing on animals for cosmetics, April 2001

Helen Bower
Compiled: Monday, 11 November 2002

The Council of the European Union and the European Parliament reached an agreement on 7 November 2002 to ban the testing of cosmetics products on animals within the EU from 2009 and to also ban the sales of products which have been tested on animals outside of the EU.

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