The CAV recently obtained explanations from the European Commission for Health and Consumer Policy concerning the next stages of the Cosmetics Directive, therefore this article has been written to explain the current state of affairs.

Since 2009, it is no longer permitted to test cosmetics products or their ingredients on animals inside the Europe Union. However, until 2013, it is still legal to sell cosmetics that have been tested on animals outside of the EU for studies related to reproduction, repeated dose and toxicocinetics.

We originally believed that March 11th 2011 would be the final deadline for the Commission to propose a possible extension of the March 11th 2013 deadline. However, whilst this is a literal interpretation of the text of article 4, the meaning of directive 2003/15/CE it must be understood how the European political process functions:

2.3 [...] If these studies conclude, at the latest two years prior to the end of the maximum period referred to in paragraph 2.1, that for technical reasons one or more tests referred to in paragraph 2.1 will not be developed and validated before the expiry of the period referred to in paragraph 2.1 it shall inform the European Parliament and the Council and shall put forward a legislative proposal in accordance with Article 251 of the Treaty. 

In other words; if the Commission concludes, before March 11th 2011, that the required substitute methods will not be developed and validated before the expiry of the 2013 deadline then the it must inform the European Parliament and the European Council of this fact and propose a solution. 

The Commissioners will continue to gather all the necessary information  about the availability of the required substitutive methods until March 11th 2011,and then they will assess the evidence and form a decision on the feasibility of a ban. Unfortunately there are few doubts as to what their decision will be. According to the Commission's last scientific report, none of the required tests will be available by 2013 and certain replacement methods could require another 10 years to develop and validate! 

At the end of March, or sometime in April, the Commissioners will return their final report and publicly declare their opinion on the availability of substitute methods. During the last quarter of 2011, the Commission will propose either a partial or total postponement of the 2013 marketing ban. The Commission's proposal will then undergo the procedure of joint decision, a complex procedure (see this explanatory diagram) including, amongst others, the European Parliament.

This will be our last opportunity for many years to convince the European authorities that testing cosmetics on animals must be effectively banned on ethical and scientific grounds. Cosmetics are products of vanity and it is totally unacceptable that the EU should accept banning the testing of cosmetics inside EU borders, whilst encouraging that testing to continue elsewhere by allowing the marketing of such products to continue. 

Even if a ban on the sale of cosmetics products tested on animals in the EU were to temporarily slow down the innovations of the cosmetic industry, this would still be justified because this is the will of the vast majority of European consumers. Many companies are able to produce cosmetic products without the need to test their new innovations on animals and it's now time for the giants of the cosmetics industry to also produce their products in the same cruelty-free manner!