WRITTEN QUESTION E-0629/02 by Chris Davies (ELDR) to the Commission. Data from animal tests and EU chemicals policy.
Date: 2002-03-08
Institutions: European Parliament, Provisional data
Subjects: animal experimentation, chemical industry, drafting of EU law, industrial research, protection of animals

C 205 E/180

Official Journal of the European Communities

EN

29.8.2002

In detail, the Commission is asked to give an opinion on the judgement of the Austrian High Court as
regards:

(cid:26) the legal nature of the EEA Agreement (supranational character or traditional international treaty),

(cid:26) precedence of Community law within the EEA over national law, and

(cid:26) direct applicability of the EIA Directive between 1 January and 1 July 1994 in Austria.

In the light of the situation, as described by the Honourable Member, the Commission would suggest that
his query be addressed to the European Free Trade Association (EFTA) Surveillance Authority.

On the nature of the EEA Agreement, the Honourable Member is referred to cases T-115/94, Opel Austria,
[1997] ECR II-39; E-9/97, Sveinbjörnsdóttir, [1998] EFTA Court Report 95 and E-1/01, Einarsson,
judgment of the EFTA Court of 22 February 2002, not yet reported.

(1) OJ L 73, 14.3.1997.

(2002/C 205 E/192)

WRITTEN QUESTION E-0629/02

by Chris Davies (ELDR) to the Commission

(8 March 2002)

Subject: Data from animal tests and EU chemicals policy

When it draw up the draft directive on chemicals policy, how does the Commission propose to ensure that
animal tests for which data already exist do not have to be repeated?

Is the Commission aware of the success of the 120-day public comment period and other measures aimed
at reducing the need for animal testing introduced by the US Environmental Protection Agency in the
course of the HPV Challenge programme, and does it believe that there are lessons which can be learnt
from this?

Answer given by Mrs Wallström on behalf of the Commission

(26 April 2002)

the White Paper on the ‘Strategy for a Future Chemicals Policy’ (1),

the
Following publication of
Commission consulted extensively with a wide range of stakeholder working groups, which included
representatives of animal welfare organisations, Member States and industry, on how best to implement
the strategy. One such working group considered the issues related to animal testing and in particular how
to avoid unnecessary repeated testing. This group’s discussions are being taken into account in the
preparation of the new legislation.

Although the working groups consisted of representatives of organisations based in the Union, the
Commission wishes to take advantage of all relevant international information. It has therefore approached
the American Environmental Protection Agency to ask for further details on its 120-day public comment
period. The response will also be considered in the preparation of the new legislation.

Once the Commission has prepared its legislative proposal, it will be submitted to Parliament and Council
under the co-decision procedure. The provisions related to animal testing can then be discussed with all
stakeholders as an important element of the wider debate on the new legislation.

(1) COM(2001) 88 final.