 Cosmetics: Existing Legislation of Relevance
The following is a summary of relevant legislation and associated documents. If you are aware of any other relevant legislation - particularly of national legislation banning animal testing for cosmetic products and/or ingredient, please let World Animal Net have details straight away. It could help the campaign lobby and many animal groups. Please notify WAN by email, fax, or letter.
Council of Europe The Council of Europe, which comprises 42+ European countries, has five conventions covering animal welfare, one of which is the European Convention for the Protection of Vertebrate Animals Used for Experimentation and other Scientific Purposes. This convention can be signed and ratified by Council of Europe member states. There is no legal obligation upon CoE member states to sign and ratify the convention, but if they choose to do so, it should be transposed into national law, and the relevant enforcement structures put into place. The Council of Europe obligation is a moral one, rather than a legal one. However, the European Union has passed a Decision on the conclusion of the European Convention for the Protection of Vertebrate Animals Used for Experimentation and other Scientific Purposes, which is binding upon EU member states. The following EU legislation is directly relevant to cosmetics and cosmetic testing: Directive 76/768/EEC (as amended) on the approximation of the laws of the member states relating to cosmetic products. Originally introduced in 1976 to harmonise the laws of the member states regarding the safety, composition and packaging/labelling of cosmetic products (in order to remove barriers to trade). Directive 76/768 was amended by Directive 93/35 of 14 June 1993, which included various amendments beneficial to animal protection, including a provision which would have effectively prohibited the marketing of cosmetics containing ingredients or combinations of ingredients tested on animals after 1 January 1998 (which unfortunately contained a provision which subsequently enabled the Commission to postpone the ban until June 2000). Click for further details on Directive 76/768 (as amended prior to the 7th amendment below).
Council Directive 86/609/EEC of 24 November 1986 (see link for further information) on the approximation of the laws, regulations and administrative provisions of the Member States regarding the protection of animals used for experimental and other scientific purposes (OJ L 358 18/12/86). Council Resolution of 24 November 1986 on the signature by the Member States of the European Convention for the protection of vertebrate animals used for experimental and other scientific purposes. This measure requested Member States who had not yet signed the convention to do so at the earliest possible date. Resolution of 24 November 1986 regarding the protection of animals used for experimental and other scientific purposes. This measure deals with experiments which do not fall within the scope of Directive 86/609/EEC. It defines the purposes of experiments and provides that Member States shall provide national measures no less severe than those set out in Directive 86/609/ EEC to control these experiments. Commission Decision 90/67/EEC of 9 February 1990 concerning the setting up of an Advisory Committee on the protection of animals used in experimental and other scientific purposes. This measure provides for the setting up of an Advisory Committee attached to the Commission to assist the Commission in organising the exchange of information as provided for in Directive 86/609, and to assist the Commission with other matters concerned with the application of the directive. Each Member State to be represented on the Committee by two officials (nominated by Member State). Term of office to be five years.
EU documentation can be obtained from a number of sources. For further information, animal groups are advised to contact the European Commission Representation in their country (if they are inside the EU).
For groups outside the EU, information can be obtained from the European
Commission Headquarters at: There is also a broad selection of EU information available on Internet (including institutional information, news, details of meetings etc.). See http: europa.eu.int National Legislation Relating to Cosmetic Testing In the Netherlands, the Experiments on Animals Act, which entered into force on 5 February 1997, provides that animal experiments may not be carried out with a view to developing new cosmetics or to testing existing cosmetics. In Germany, animal experiments for the development of (tobacco products, washing agents and) cosmetics were generally prohibited by the German Animal Welfare Act of May 1998. This was an advance from the previous situation (dating back to the German Animal Welfare Act of 1986), whereby the prohibition only related to 'decorative cosmetics'. However, the Ministry responsible is empowered to adopt regulations granting exemptions for specific health hazards, when there is no other way of obtaining the required knowledge, or where necessary to implement EU legislation.' The Swedish government promised to ban cosmetic tests on animals by no later than 1 January 1998, but it appears unlikely that this timetable will be met. However, there is currently no provision in the Swedish animal protection act permitting certain types of tests to be banned, so the government has have said that they intend to consider this matter in connection with amendments to the act currently under consideration. In Switzerland, there is a ban on animal testing of finished cosmetic products, but not ingredients. Within the EU, some other countries do not test cosmetic products/ingredients in practice. For example, in 1995:
In the UK, the Labour government has brought to an end animal testing of cosmetics through its licensing system (not issuing licenses for cosmetics testing). 
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