A4-0277/97

Resolution on the Commission report on the development, validation and legal acceptance of alternative methods to animal experiments in the field of cosmetics - 1996 (COM(97)0182 - C4-0369/97)

The European Parliament,

- having regard to the 1996 Commission report on the development, validation and legal acceptance of alternative methods to animal experiments in the field of cosmetics (COM(97)0182 - C4-0369/97),

- having regard to the 1995 Commission report on the development, validation and legal acceptance of alternative methods to animal experiments in the field of cosmetic products (COM(96)0365 - C4-0662/96),

- having regard to its resolution of 8 April 1997 on the 1995 annual report from the Commission on the development, validation and legal acceptance of alternative methods to animal experiments ((OJ C 132, 28.4.1997, p. 27.)),

- having regard to its resolution of 14 July 1995 on the 1994 annual report of the Commission on the development, validation and legal acceptance of alternative methods to animal experiments ((OJ C 249, 25.9.1995, p. 207.)),

- having regard to its decision at second reading on 21 April 1993 ((OJ C 150, 31.5.1993, p. 123.)) on the common position adopted by the Council with a view to adopting a directive amending for the sixth time Directive 76/768/EEC on the approximation of the laws of the Member States relating to cosmetic products (C3-0010/93 - 00/0307(SYN)),

- having regard to Council Directive 93/35/EEC of 14 June 1993 amending for the sixth time Directive 76/768/EEC on the approximation of the laws of the Member States relating to cosmetic products ((OJ L 151, 23.6.1993, p. 32.)),

- having regard to the protocol to the EC Treaty on protection and welfare of animals agreed at the European Council on 18 June 1997 in Amsterdam,

- having regard to its resolution of 14 November 1996 on the Commission communication to the Council and Parliament on trade and environment ((OJ C 362, 2.12.1996, p. 245.)),

- having regard to the report of the Committee on the Environment, Public Health and Consumer protection (A4-0277/97),

1. Deeply regrets the acceptance by the Council of the Commission proposal to postpone the date of implementation of the ban on the marketing of cosmetics containing ingredients or combinations of ingredients tested on animals until 1 June 2000 and the delayed presentation of the long-awaited proposal for a European Parliament and Council Directive on finished products;

2. Regrets that more than four years after the adoption of Directive 93/35/EEC, the Commission is still not able to meet the requirements of Article 4(1)(i) of Directive 76/768/EEC (as amended by Directive 93/35/EEC) toprovide detailed statistics on cosmetics testing in the European Union;

3. Regrets that so little progress has been made in replacing experiments on animals for cosmetic testing with alternative methods, which calls into question whether all reasonable endeavours have been made to develop and validate such alternatives, as is required by Article 4(1)(i) of Directive 76/768/EEC (as amended by Directive 93/35/EEC);

4. Calls on the Commission to:

(a) submit to the Council and to Parliament, without delay, the long-awaited proposal to ban animal testing of finished cosmetic products with effect from 1 January 1998, and to include cosmetic ingredients in this measure; Parliament believes that this approach would provide the incentive needed for the industry, Member States and the Commission to complete the necessary development, validation and legal acceptance of non-animal alternative tests - with the estimated 8,000 ingredients being available to the cosmetics industry for the development of new cosmetic products in the interim;

(b) to include in the long-awaited proposal to the Council and to Parliament a full ban on animal testing of finished products and a fixed date for final implementation of the ban in respect of animal testing of cosmetic ingredients, which should in no case be later than the year 2000;

(c) take positive and urgent measures to give new momentum to efforts to develop and validate alternatives; in particular, the draft 5th Research and Development Framework Programme should be amended to include specific provisions for out-of-house research into alternative methods and the allocation of an adequate individual 'ring-fenced' budget for the European Centre for the Validation of Alternative Methods (ECVAM), this being essential to allow ECVAM to achieve its potential; the 5th Framework Programme should include R& D activities aimed at discovering alternative testing methods relating to acute and chronic toxicity, carcinogenicity, teratogenicity and toxicity in reproduction;

(d) avoid further delays to both the implementation of the ban and the acceptance of valid non-animal alternatives resulting from efforts to gain the widest international acceptance; such acceptance is not required by Directive 93/35/EEC, and any failure to utilise available non-animal methods may be contrary to Directive 86/609/EEC; full weight should be given to the fact that not all animal tests have been validated when considering the level of validation of alternatives; with regard to GATT/WTO, the EU should formulate a definitive position without further delay and test GATT guidelines to the limit; in parallel, it should press for a positive change to GATT guidelines in order to reconcile trade and valid environmental and animal welfare concerns;

(e) take immediate measures to enforce the obligation on Member States to collect the statistical information required by Directive 93/35/EEC, and produce without further delay detailed data on the number and type of experiments carried out on animals for cosmetic testing in each Member State;

(f) take firm leadership in drawing up a comprehensive strategy in agreement with all interested parties to boost the development, validation and legal acceptance of alternative methods to experimenting on animals in the area of cosmetics, which should include the allocation/co-ordination of responsibilities between the Commission, industry, governments and the OECD; measures should also be included to oblige greater industry commitment (such as the previous suggestion from the Parliament whereby all companies and institutions undertaking animal tests in the EU would be required to participate in development and validation studies - or to pay a levy/duty to fund such work on alternatives);

5. Instructs its President to forward this resolution to the Council and the Commission.