http://ec.europa.eu/consumers/sectors/c ... 013_en.pdfThe majority of ingredients used in cosmetic products are ingredients that are equally in use in many other consumer and industrial products, such as in pharmaceuticals, detergents and food, and animal testing may be necessary to ensure compliance with the legal frameworks applicable to these products. Ingredients used in cosmetics will generally also be subject to the horizontal REACH21 requirements and animal testing may be necessary as a last resort to complete the respective data packages. It therefore is for Member States to assess and decide whether such testing for compliance with other frameworks is considered to be falling in the scope of the 2013 marketing ban. Critical to this is the wording 'in order to meet the requirements of this Directive/Regulation' used in the Cosmetics Directive and the Cosmetics Regulation22 in order to qualify the scope of the 2013 marketing ban.
The Commission considers that animal testing that has clearly been motivated by compliance with non-cosmetics related legislative frameworks should not be considered to have been carried out 'in order to meet the requirements of this Directive/Regulation'. The resulting animal testing data should not trigger the marketing ban and could subsequently be relied on in the cosmetics safety assessment. Reliance on such data is subject to its relevance for the cosmetics safety assessment and its compliance with data quality requirements23.
Testing carried out for cosmetics relevant endpoints on ingredients that have been specifically developed for cosmetic purposes and are exclusively used in cosmetic products would in the Commission's view always be assumed to be carried out 'in order to meet the requirements of this Directive/Regulation'.
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