Common Position (EC) No 29/2002 of 14 February 2002 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Directive of the European Parliament and of the Council amending Council Directive 76/768/EEC on the approximation of the laws of the Member States relating to cosmetic products (Text with EEA relevance)
Date: 2002-02-14
Institutions: Council of the European Union
Subjects: analytical chemistry, animal experimentation, approximation of laws, committee (EU), consumer protection, cosmetic product

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COMMON POSITION (EC) No 29/2002

adopted by the Council on 14 February 2002

with a view to adopting Directive 2002/. . ./EC of the European Parliament and of the Council of
. . . amending Council Directive 76/768/EEC on the approximation of the laws of the Member
States relating to cosmetic products

(2002/C 113 E/06)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the Economic and Social
Committee (2),

Acting in accordance with the procedure laid down in Article
251 of the Treaty (3),

Whereas:

(1) Council Directive 76/768/EEC (4) has comprehensively
relating to cosmetic
harmonised the national
products and has as its main objective the protection of
public health. To this end, it continues to be indispensable
to carry out certain toxicological tests to evaluate the
safety of cosmetic products.

laws

(2) The Protocol on protection and welfare of animals
annexed by the Treaty of Amsterdam to the Treaty estab-
lishing the European Community stipulates
the
Community and the Member States are to pay full
regard to the welfare requirements of animals in the
implementation of Community policies,
in particular
with regard to the internal market.

that

(1) OJ C 311, 31.10.2000, p. 134.
(2) OJ C 367, 20.12.2000, p. 1.
(3) Opinion of the European Parliament of 3 April 2001, Council
Common Position of 14 February 2002 and Decision of
the
European Parliament of
(not yet published in the Official
Journal).

. . .

(4) OJ L 262, 27.7.1976, p. 169. Directive as last amended by
Commission Directive 2000/41/EC (OJ L 145, 20.6.2000, p. 25).

(3) Council Directive 86/609/EEC of 24 November 1986 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 (5) has established common rules for the use of
animals for experimental purposes within the Community
and laid down the
conditions under which such
experiments must be carried out in the territory of the
Member States. In particular, Article 7 of that Directive
requires that animal experiments be replaced by alter-
native methods, when such methods exist and are scien-
tifically satisfactory. In order to facilitate the implemen-
tation of this provision in the cosmetic sector, specific
provisions have been introduced by Council Directive
93/35/EEC (6) amending for
the sixth time Directive
these provisions concern only
76/768/EEC. However,
the use of
alternative methods which do not entail
animals and do not take account of alternative methods
developed in order to reduce the number of animals used
for experiments or to reduce their suffering. Therefore, in
order to afford optimal protection to animals used for
the provisions of Directive
experimental purposes,
76/768/EEC should be amended in order to provide for
the systematic use of all alternative methods, as foreseen
by Article 7(2) and (3) of Directive 86/609/EEC, when
these methods offer consumers a level of protection
to that of the conventional methods which
equivalent
they are intended to replace.

(4) Currently, only alternative methods which are scien-
tifically validated by the European Centre for the Vali-
dation of Alternative Methods (ECVAM) or the Organi-
sation for Economic Cooperation and Development
(OECD) and applicable to the whole chemical sector are
systematically adopted at the Community level. However,
the safety of cosmetic products can be ensured through
the use of alternative methods which are not necessarily
applicable to all uses of chemical ingredients. Therefore,
the use of such methods by the whole cosmetic industry
should be promoted and their adoption at Community
level ensured, when such methods can guarantee an
level of protection to consumers. For this
equivalent
purpose, the Commission should ensure that conventional
testing methods are replaced as a priority by validated
alternative methods which do not entail
the use of
animals or, failing that, by methods limiting significantly
the number of animals used or by methods reducing
significantly animal suffering.

(5) OJ L 358, 18.12.1986, p. 1.
(6) OJ L 151, 23.6.1993, p. 32.

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that
testing of

(5) The safety of finished cosmetic products can already be
ensured on the basis of knowledge of the safety of the
they contain. Provisions prohibiting
ingredients
animal
can
finished cosmetic products
therefore be incorporated into Directive 76/768/EEC.
The Commission should establish guidelines in order to
facilitate the application,
in particular by small and
medium-sized enterprises, of methods which do not
involve the use of animals for assessing the safety of
finished cosmetic products.

essential,

(6) Better coordination of resources at Community level will
contribute to increasing the scientific knowledge indis-
pensable for the development of alternative methods. It
is
the Community
continue its efforts and take the measures necessary for
the promotion of research and the development of new
sixth framework
methods,
programme as set out in Decision No 2002/. . ./EC of
the European Parliament and of the Council (1).

in particular within its

this purpose,

that

for

In order

to achieve this objective,

(7) The recognition by non-member countries of alternative
should be
methods developed in the Community
encouraged.
the
Commission and the Member States should take all appro-
priate steps to facilitate acceptance of such methods by
the OECD. The Commission should also endeavour,
within the framework of European Community coop-
eration agreements, to obtain recognition of the results
of safety tests carried out in the Community using alter-
the export of
native methods so as to ensure that
cosmetic products for which such methods have been
used is not hindered and to prevent or avoid non-member
countries requiring the repetition of such tests using
animals.

(8) It

to provide

should be possible

consumers with
information relating to tests performed on cosmetic
in order to ensure the transparency
products. However,
of the information made available to consumers in this
regard and to guarantee the free movement of cosmetic
products within the Community, it is important to specify
the conditions under which it is possible to make claims
for such products, or in the context of their marketing,
that no animal testing has been carried out for their devel-
opment or manufacture. For this purpose, it is necessary
that, after consultation of all
the
Commission prepare guidelines in order to provide clear
guidance for economic operators on the use of such
claims within the Community.

interested parties,

(9) Given the special risks that substances classified as carci-
nogenic, mutagenic or toxic for reproduction, categories 1
and 2, pursuant
to Council Directive 67/548/EEC of
27 June 1967 on the approximation of laws, regulations
and administrative provisions relating to the classification,
packaging and labelling of dangerous substances (2), may

(1) OJ L . . .
(2) OJ 196, 16.8.1967, p. 1. Directive as last amended by Commission

Directive 2001/59/EC (OJ L 225, 21.8.2001, p. 1).

entail for human health, their use in cosmetic products
should be avoided, unless the Scientific Committee on
Cosmetic Products and Non-Food Products intended for
consumers considers such use as safe. The evaluation of
these substances for use in cosmetic products should not
involve, as far as possible, the use of animals.

(10) In order

to improve

information provided to
consumers, cosmetic products should bear more precise
indications concerning their durability for use.

the

(11) Certain substances have been identified as an important
cause of contact-allergy reactions in fragrance-sensitive
consumers. In order to ensure that such consumers are
adequately informed,
it is therefore necessary to amend
the provisions of Directive 76/768/EEC to require that the
presence of these substances be mentioned in the list of
ingredients. This information will improve the diagnosis
of contact allergies among such consumers and will
enable them to avoid the use of cosmetic products
which they do not tolerate.

(12) The measures necessary for the implementation of this
Directive should be adopted in accordance with Council
Decision 1999/468/EEC of 28 June 1999 laying down the
procedures
implementing powers
the exercise of
conferred on the Commission (3),

for

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 76/768/EEC is amended as follows:

1. Article 4(1)(i) shall be deleted.

2. The following Articles shall be inserted:

‘Article 4a

1. Without prejudice to the general obligations deriving
from Article 2, Member States shall prohibit:

(a) the marketing of cosmetic products where the final
formulation, in order to meet the requirements of this
Directive, has been the subject of animal testing using a
method other than an alternative method after such
alternative method has been validated, accepted and
published by the Organisation for Economic Coop-
eration and Development
(OECD) and adopted at
Community level;

(3) OJ L 184, 17.7.1999, p. 23.

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(b) the marketing

of

products
ingredients which,

containing
cosmetic
ingredients or combinations of
in
order to meet the requirements of this Directive, have
been the subject of animal testing using a method other
such alternative
than an alternative method after
method has been validated, accepted and published by
the OECD and adopted at Community level;

(c) the performance on their territory of animal testing of
the

in order

to meet

finished cosmetic products
requirements of this Directive;

(d) the performance on their territory of animal testing of
ingredients or combinations of ingredients in order to
meet the requirements of this Directive, no later than
the date on which such tests are required to be replaced
by one or more validated alternative methods listed in
Annex V to Council Directive 67/548/EEC of 27 June
1967 on the approximation of laws, regulations and
administrative provisions relating to the classification,
packaging and labelling of dangerous substances (*) or
in Annex IX to this Directive.

No later

than . . . (1),

the Commission shall,

in
2.
accordance with the regulatory procedure referred to in
Article 10(2) and after consultation of
the Scientific
Committee on Cosmetic Products and Non-Food Products
intended for consumers, establish the contents of Annex IX
referred to in paragraph (1)(d). The alternative methods
included in Annex IX shall offer consumers a level of
protection equivalent to the animal tests they are intended
to replace.

When proceeding with the technical adaptation of the said
Annex IX, in accordance with Article 8(2), the Commission
shall ensure that only alternative methods which do not
involve the use of animals are employed, when such
methods exist and offer an equivalent level of protection
to consumers, and,
reduction
failing that,
methods limiting significantly the number of animals used
or the use of refinement methods reducing significantly
animal suffering.

the use of

3.

For the purpose of this Article:

(a) “finished cosmetic product” means the cosmetic product
in its final formulation, as placed on the market and
made available to the final consumer;

the use of animals or,

(b) “alternative method” means a method which does not
entail
failing that, a method
significantly the number of animals
which reduces
used, or a method which reduces significantly animal
suffering;

(c) “animal” means

non-human vertebrate,
including free-living larval
forms and/or reproducing
larval forms, but excluding foetal or embryonic forms.

any

live

Article 4b

toxic for

The use in cosmetic products of substances classified as
carcinogenic, mutagenic or
reproduction, of
category 1 or 2, under Annex I to Directive 67/548/EEC
shall, without delay, be subject to a risk evaluation by the
Commission. Measures which are deemed necessary,
following this evaluation, shall be adopted in accordance
with the regulatory procedure referred to in Article 10(2),
after consultation of the Scientific Committee on Cosmetic
Products and Non-Food Products intended for consumers.

___________
(*) OJ 196, 16.8.1967, p. 1. Directive as last amended by
Commission Directive 2001/59/EC (OJ L 225, 21.8.2001,
p. 1).’

3. Article 6(1)(c) shall be replaced by the following:

‘(c)

the date of minimum durability. The date of minimum
durability of a cosmetic product shall be the date until
which
appropriate
conditions, continues to fulfil
its initial function and,
in particular, remains in conformity with Article 2.

product,

stored

under

this

The date of minimum durability shall be indicated by
the date itself followed by a symbol to be decided on in
accordance with the regulatory procedure referred to in
Article 10(2). The date shall be clearly expressed and
shall consist of either the month and year or the day,
month and year in that order.

If necessary, this information shall be supplemented by
an indication of the conditions which must be satisfied
to guarantee the stated durability.’;

4. Article 6(1)(g) shall be replaced by the following:

‘(g) a list of ingredients in descending order of weight at
the time they are added. That list shall be preceded by
the word “ingredients”. Where that is impossible for
label,
practical reasons, an enclosed leaflet,
tape or
card must contain the ingredients
to which the
consumer is referred either by abbreviated information
or the symbol given in Annex VIII, which must appear
on the packaging.

The following shall not, however, be regarded as
ingredients:

— impurities in the raw materials used,

(1) Eighteen months after the entry into force of this Directive.

— subsidiary technical materials used in the prep-

aration but not present in the final product,

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— materials used in strictly necessary quantities as
solvents or as carriers for perfume and aromatic
compositions.

raw
Perfume and aromatic compositions and their
materials shall be referred to by the word “perfume”
or “aroma”. However, the presence of substances, the
mention of which is required under the column “other
limitations and requirements” in Annex III, shall be
indicated in the list irrespective of their function in
the product.

Ingredients in concentrations of less than 1 % may be
listed in any order after those in concentrations of
more than 1 %.

Colouring agents may be listed in any order after the
other ingredients, in accordance with the colour index
number or denomination adopted in Annex IV. For
decorative
cosmetic products marketed in several
colour shades, all colouring agents used in the range
may be listed, provided that the terms “may contain” or
the symbol “±” are added.

An ingredient must be identified by the common name
referred to in Article 7(2) or, failing that, by one of the
names referred to in Article 5a(2), first indent.

set out

In accordance with the regulatory procedure referred to
in Article 10(2), the Commission may adapt the criteria
in Commission Directive
and conditions,
95/17/EC of 19 June 1995 laying down detailed rules
for the application of Council Directive 76/768/EEC as
regards the non-inclusion of one or more ingredients
cosmetic
the
on the
products (*) under which a manufacturer may,
for
reasons of trade secrecy, apply not to include one or
more ingredients on the abovementioned list.

list used for

labelling of

___________
(*) OJ L 140, 23.6.1995, p. 26.’;

5. the last sentence of Article 6(3) shall be replaced by the

following subparagraph:

‘Guidelines shall be adopted in accordance with the regu-
latory procedure referred to in Article 10(2) regarding the
information which a manufacturer or person responsible for
placing the product on the market may specify on the
label, tape or card
products or in any document,
leaflet,
accompanying or referring to them,
indicating that no
animal tests have been carried out for their development
or manufacture.’;

6. Article 7a(1)(d) shall be replaced by the following:

of the specific exposure characteristics of the areas on
which the product will be applied or of the population
for which it is intended. There shall be,
inter alia, a
specific assessment for cosmetic products intended for
use on children under the age of three and for cosmetic
products
intended exclusively for use in external
intimate hygiene.

Should the same product be manufactured at several
places within Community territory, the manufacturer
may choose a single place of manufacture where that
information will be available. In this connection, and
when so requested for monitoring purposes, it shall be
obliged to indicate the place so chosen to the moni-
toring authority/authorities concerned.’;

7.

in Article 8(2) and Article 8a(3),
the title ‘Scientific
Committee on Cosmetology’ shall be replaced by ‘Scientific
Committee for Cosmetic Products and Non-Food Products
intended for Consumers’;

8. Articles 9 and 10 shall be replaced by the following:

‘Article 9

Every three years the Commission shall present a report to
the European Parliament and the Council on:

(a) progress made in the development, validation and legal
acceptance of alternative methods, as defined in Article
4a(3)(b). The report shall contain precise data on the
number and type of experiments relating to cosmetic
products carried out on animals in order to comply
with the requirements of this Directive. The Member
States shall be obliged to collect that information in
addition to collecting statistics
laid down by
Council Directive 86/609/EEC of 24 November 1986
on the approximation of laws, regulations and adminis-
trative provisions of the Member States regarding the
protection of animals used for experimental and other
scientific purposes (*);

as

(b) progress made by the Commission in its efforts to
obtain acceptance by the OECD of alternative methods
validated at Community level and to facilitate the recog-
nition by non-member countries of the results of the
safety tests carried out in the Community using alter-
native methods, in particular within the framework of
cooperation agreements between the Community and
these countries;

(c) the manner in which the specific needs of small and
into
have
in particular for the implementation of the

medium-sized
account,
provisions of Article 4a.

enterprises

taken

been

‘(d) assessment of

the safety for human health of

the
finished product. To that end the manufacturer shall
take
toxicological
profile of the ingredients, their chemical structure and
their level of exposure. It shall take particular account

into consideration the

general

Article 10

The Commission shall be assisted by the Standing

1.
Committee on Cosmetic Products.

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2. Where reference is made to this paragraph Articles 5
and 7 of Decision 1999/468/EC shall apply, having regard
to the provisions of Article 8 thereof.

2. Member States shall communicate to the Commission the
text of the provisions of national law which they adopt in the
field covered by this Directive.

The period laid down in Article 5(6) of Decision
1999/468/EC shall be set at three months.

Article 3

The Committee shall adopt its rules of procedure.

3.
___________
(*) OJ L 358, 18.12.1986, p. 1.’

Article 2

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive before . . . (*). They shall
forthwith inform the
Commission thereof.

When Member States adopt these measures, they shall contain
a reference to this Directive or shall be accompanied by such
reference on the occasion of their official publication. The
methods of making such reference shall be laid down by
Member States.

This Directive shall enter into force on the day of its publi-
cation in the Official Journal of the European Communities.

By way of derogation from Article 2, Article 1(1) shall apply
from the date referred to in the first paragraph of this Article.

Article 4

This Directive is addressed to the Member States.

Done at . . .

For the European Parliament
The President

For the Council
The President

(*) Eighteen months after the entry into force of this Directive.

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STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

1. On 5 April 2000 the Commission submitted a proposal for a Directive based on Article 95 of the
Treaty on the approximation of the laws of the Member States relating to cosmetic products (1).

2. The European Parliament adopted its opinion at first reading on 3 April 2001.

3. The Economic and Social Committee delivered its opinion on 20 September 2000 (2).

4. The Commission presented an amended proposal on 22 November 2001.

5. On 14 February 2002 the Council adopted its Common Position in accordance with Article 251 of

the Treaty.

II. AIM

The principle objectives of the Commission's proposal are:

— to introduce permanently and definitively a prohibition on the performance of animal tests for

finished cosmetic products in the EU,

— to align the provisions of Directive 76/768/EEC with WTO rules by repealing the provision on a
marketing ban, foreseen by the sixth amendment of Directive 76/768/EEC, on cosmetic products
containing ingredients or combination of ingredients tested on animals, that would enter into force
after 30 June 2002,

— to introduce a prohibition on the performance of animal tests on ingredients or combination of
ingredients for cosmetic products in the EU as soon as validated alternative testing methods are
available, accepted and have been published by the Commission but with the stipulation that such a
prohibition would become absolute three to five years after the date of transposition of the
Directive.

III. ANALYSIS OF THE COMMON POSITION

1. The Council has been examining the proposal since the middle of 2000. The Council's Common
in particular as

Position is generally consistent with the aims of the Commission's proposal,
regards compliance with WTO commitments.

Nevertheless, the Council has agreed on a number of substantial changes to the Commission's
proposal. The most important changes are as follows:

— provisions on a marketing ban on cosmetic products where the final product or its ingredients
have been subject to animal testing have been reinstated, while making the implementation of
the marketing ban dependent on the existence of alternative testing methods accepted within
the framework of the OECD and adopted at Community level,

— the introduction of a final cut off date for the implementation of a testing ban on ingredients

in the EU has not been included,

— as requested by the European Parliament, specific provisions on substances classified as carci-

nogenic, mutagenic or toxic for reproduction have been inserted,

(1) OJ C 311 E, 31.10.2000, p. 134.
(2) OJ C 367, 20.12.2000, p. 1.

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— provisions on information to consumers have been strengthened also in line with requests from

the European Parliament.

The Commission has accepted the Common Position agreed by the Council.

2. On 3 April 2001, the European Parliament adopted 31 amendments to the proposal. The Council

incorporated, at least in essence, 10 of these amendments and part of seven others.

3. The Council incorporated part of amendments 1 and 2 that suggest a reference to Council Directive

86/609/EEC on protection of animals used for experimental and other scientific purposes.

4. The Council welcomed amendments 4 and 5 which underline the need to give priority to the
support of development of alternative testing methods in particular within the sixth framework
research programme.

5. The Council

incorporated in general amendment 10 and part of amendment 14 relating to

restrictions on substances classified as carcinogenic, mutagenic or toxic for reproduction.

6. The Council incorporated in essence amendments 11, 12 and 30 and part of amendments 23 and 32
which aim at improving labelling requirements in particular as concerns potential
fragrance
allergens and the minimum durability of the product. The Council incorporated part of amendments
7 and 47 relating to claims by enterprises that no animal testing has been carried out on cosmetic
products or their ingredients by a provision stating that the Commission shall adopt guidelines
concerning the use of such claims.

7. The Council incorporated part of amendment 14 and amendments 17 to 19 on the Commission's
report to Council and the European Parliament while stating that the Commission should forward
reports every third year instead of every year.

8. The Council incorporated amendment 26 concerning the reinforcement of the safety assessment of
the finished product and in particular the requirement of specific safety assessments for cosmetic
products intended exclusively for use on children under the age of three or in external intimate
hygiene.

9. The Council considers that it is the prerogative of the Commission to propose an amendment of
Directive 86/609/EEC as well as legislation concerning new products and therefore rejected part of
amendment 1 and amendment 36 referring to Commission proposals on these subjects.

it considers that

10. While the Council agrees with the aim of abolishing also animal testing on ingredients for
cosmetic products as soon as possible,
this objective should be pursued
without compromising the health and safety of consumers. Given the current state of scientific
knowledge and the experience gained in the research and development of alternative methods, the
Council considers it impossible to predict when all necessary alternative methods, not entailing the
use of animals, could be available. The Council therefore favours a stepwise approach linked to the
availability of alternative methods, whilst supporting at the same time a reinforcement of the
regulatory framework so as to ensure the mandatory use of these methods when they exist,
including those which permit a reduction of the number of animals used or a diminution of
their pain. However, the Council has underlined that an alternative method which entails the use
of animals cannot be accepted when an equivalent method, which does not entail the use of
animals, exists. The Council has also considered that the scientific knowledge necessary for the
development of additional alternative methods could only improve through the pooling and
co-ordination of all
resources available. The Council as a consequence rejected part of
amendment 2 as well as amendments 3 and 15 relating to the introduction of a final cut off date
for totally prohibiting animal testing on ingredients and a limitation of the concept of alternative
testing methods to methods that do not entail the use of animals. As a consequence, part of
amendment 15 regarding possible derogations from the testing ban was also rejected.

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11. By linking the implementation of a marketing ban on cosmetics tested on animals to the existence
of alternative testing methods accepted within the framework of the OECD and adopted at
Community level, the Council has struck a balance between the aim of abolishing animal tests
in the cosmetic sector and the need to comply with the Community's international obligations,
especially in relation to the WTO. The Council therefore rejected part of amendments 14 and 37
relating to a final cut off date for the implementation of a total marketing ban and as a conse-
quence also part of amendment 14 which provides for a possibility to derogate from the marketing
ban.

12. By incorporating provisions on specific safety assessments for cosmetic products intended
exclusively for use on children or in external intimate hygiene, the Council considers that it has
taken due account of the particular risks potentially associated with such products and therefore
rejected amendments 9 and 43.

13. The Council rejected amendments 13, 21 and 28 on information to be included in the inventory
drawn up and published by the Commission owing to concerns that such a provision could be in
conflict with provisions on protection of data.

14. The Council considers that amendments 16 and 20 concerning, respectively, a reference to a
prototype in relation to finished cosmetic products and the definition of cosmetic ingredients
do not add to the clarity of the terms and therefore rejected the two amendments.

15. The Council rejected amendment 27 concerning detailed information on any animal test performed
in connection with development of the product and its ingredients as such a requirement would be
impossible to enforce and would be in conflict with the Community's obligations in relation to the
WTO.

16. Concerning labelling, the Council has for the sake of clarity for consumers opted for a single date
on the durability of cosmetic products by extending the current requirement of a minimum
durability date to all products and therefore rejected the part of amendment 32 that refers
specifically to a maximum product life and period after opening. The Council rejected part of
amendment 23, as the Council considers it necessary to exempt perfume and aromatic compositions
from systematic inclusion in the list of ingredients when these substances have no allergenic
potential. The Council rejected amendment 39 and part of amendment 37 which relate to an
obligatory labelling of products where the final product or ingredients therein have been
subject to animal testing, partly owing to the rejection of the specific criteria on size of the
labelling, and partly owing to concerns as to whether an obligatory labelling would be in
compliance with WTO rules. The Council agrees with the need to consult all interested parties
in relation to the development of guidelines for the use of claims of non-animal tested products
but does not consider it appropriate in this context to specify the modalities of such consultations
and therefore rejected the part of amendments 7 and 47 relating to consultation of specific parties.

17. While the Council in principle can support an adaptation of Annex III, as proposed in amendment
49, it considers that this should be done in accordance with the procedure relating to adaptation
to technical progress and therefore rejected amendment 49.

18. The Council in addition has made a number of linguistic changes to the Commission proposal.

IV. CONCLUSION

As recommended by the European Parliament, the Council has incorporated provisions in order to
improve the level of information to be made available to consumers in relation to the use of cosmetic
products and to better guarantee that all risks associated with these products are properly assessed.
Regarding the use of animal testing for cosmetic products, the Council has sought to strike a balance
between the imperative requirement to ensure the protection of consumers, the need to offer optimal
protection to animals used for experimental purposes and the necessity for the Community to respect
its international obligations.

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Whilst recognising animal welfare as a legitimate objective to be pursued under Community legislation,
the Council could not endorse a solution which would have totally prohibited the performance of
animal tests for cosmetic products after a fixed date, irrespective of the availability of adequate alter-
native methods. In its view, such an approach would have jeopardised consumer safety in disregard of
the fundamental objectives to be pursued under the Cosmetics Directive and of the duty of the
Community to secure a high level of protection to human health.

Given the need for additional scientific knowledge for the development of alternative methods, the
Council considers that the most effective way to improve the protection of animals used for experi-
mental purposes is to promote the development of alternative methods through coordination of all
scientific resources available and to ensure that alternative methods are effectively used when they exist
and are scientifically validated. The Council therefore welcomes the commitment of the Commission to
review the current framework of Directive 86/609/EEC and to consider the availability of appropriate
funding under the EC Research and Development Framework Programme for the research of alternative
methods.

With regard to provisions for a ban on imported cosmetic products tested on animals, the Council
considers it to be indispensable to implement such a ban gradually along with the availability of
in order to ensure compliance with WTO
alternative testing methods agreed at international
commitments.

level