Tuesday, 12 March 2013

Questions (636)

Maureen O'Sullivan

Question:

636. Deputy Maureen O'Sullivan asked the Minister for Health the mechanisms and procedures his Department and or the IMB have in place to ensure enforcement of Regulation 9 of SI. No. 870 of 2004 (European Communities (Cosmetic Products) Regulations 2004) which prohibits the sale of all animal-tested cosmetics here and in the rest of the EU from 11 March 2013. [12847/13]

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Written answers (Question to Health)

Regulation 9 of S.I. No. 870 of 2004 which prohibits the marketing of cosmetic products and ingredients that have been tested in animals has been in force for four years, since 11 March 2009, except for a derogation relating to three toxicity checks. On 11 March 2013, this derogation ends, and no further testing on animals of cosmetics or ingredients can take place. It has been the policy of the Department of Health not to licence the use of live animals for testing of cosmetics in Ireland and this is confirmed by the statistical information provided by the Department to the European Commission under Article 13 of Directive 86/609/EEC, as amended. Furthermore, there have been no incidences of breaches of this ban detected in ongoing European cosmetic surveillance programmes brought to the attention of the Irish Medicines Board (IMB) or my Department to date. The relevant Regulations require the manufacturer of the product, the manufacturer's agent, the person to whose order the cosmetic product is manufactured for, or the person who first supplies the cosmetic product in the European Union, to ensure that cosmetics imported, distributed or retailed in Ireland or the EU comply with the legislation. Enforcement of the legislation is provided for in Regulation 12 of S.I. No. 870 of 2004 and the IMB is the Competent Authority responsible for ensuring that the legislation is complied with. On 11 March 2013 the EU Commission published a Communication on the animal testing ban. This Communication concluded that the marketing ban should enter into force, be coherently implemented throughout the EU and that the research and development of alternative testing methods for toxicity of cosmetics should be prioritised as part of the EU's trade and international cooperation agenda.