WRITTEN QUESTION E-3639/97 by David Martin (PSE) to the Commission (13 November 1997)

Subject: Primates as laboratory animals

Would the Commission please detail its interpretation of Article 7(3) second paragraph of Directive 86/609/EEC ((OJ L 358, 18.12.1986, p. 1. )) ('Experiments on animals taken from the wild may not be carried out unless experiments on other animals would not suffice for the aims of the experiment') and explain how it proposes to cover this provision in the draft Community Policy Statement on the use of primates as laboratory animals?

Answer given by Mrs Bjerregaard on behalf of the Commission (19 December 1997)

The Honourable Member queries the use of non-human primates as laboratory animals and the interpretation of Article 7(3), second paragraph of Directive 86/609/EEC on the approximation of laws, regulations and administrative provisions of the Member States regarding the protection of animals used for experimental and other scientific purposes. Article 164 of the EC Treaty states that the Court of justice shall ensure that in the interpretation and application of the EC Treaty the law is observed and therefore interpretation of the law falls to the Court of justice.

Subject to this, however, it appears to the Commission from Articles 7(3), 19(4) and 21 of the Directive that one of the premises upon which the Directive is based is the use of bred animals for experiments.

Pursuant to Article 7(3), first paragraph of that Directive, the choice of species shall be carefully considered and, where necessary explained to the authority, when an experiment has to be performed. In a choice between experiments, those which use the minimum number of animals, involve animals with the lowest degree of neurophysiological sensitivity, cause the least pain, suffering, distress or lasting harm and which are most likely to provide satisfactory results, shall be selected.

According to Article 7(3), second paragraph, experiments on animals taken from the wild may not be carried out unless experiments on other animals would not suffice for the aims of the experiment.

Pursuant to Article 19(4), in user establishments, only animals from breeding or supplying establishments shall be used unless a general or special exemption has been obtained under arrangements determined by the authority and bred animals shall be used whenever possible.

According to Article 21, non-human primates which are to be used in experiments shall be bred animals unless a general or special exemption has been obtained under arrangements determined by the authority.

It appears from these provisions that experiments in the context of the Directive on non human primates, which are taken from the wild, may only be carried out when there is no choice between experiments to use animals with a lower degree of neurophysiological sensitivity; when experiments on non-human primates which are not taken from the wild, would not suffice for the aims of the experiments; and where a general and special exemption has been obtained under arrangements determined by the authority.

It follows that a Member State which allows an experiment to be carried out on non-human primates taken from the wild, which, considering the aims of the experiment, could also be carried out on other animals than non-human primates taken from the wild, would infringe Article 7(3), second paragraph of the Directive. Similarly, experiments carried out on non-human primates taken from the wild, in the absence of scientific evidence that, considering the aims of the experiment, an experiment on non-human primates not taken from the wild, would not suffice, would be contrary to Article 7(3), second paragraph of the Directive.

As regards the question of the Honourable Member on how the Commission proposes to cover Article 7(3), second paragraph, of Directive 86/609/EEC, in the draft Community policy statement on the use of non-human primates as laboratory animals, the Commission would like to refer to the answer given to his written question E-3641/97 ((OJ C 158, 25.5.1998, p. 166. )).