Review of European Law
Tuesday, 02, Dec 2008 04:09
Review of European Directive 86/609/EEC on animal experimentation
In the European Union, animal experimentation is regulated by Directive 86/609/EEC (translated into UK law by the Animals (Scientific Procedures) Act 1986). This Directive is currently being reviewed, with the first draft of the new directive expected to be published by the European Commission in May or June 2007. The Commission has estimated that it may take two years for the new Directive to transit the EU legislative process and become law, although some commentators believe it may happen more quickly. Stakeholders of all kinds, the BUAV included, see the revision as a key opportunity to change and improve the current regime.
Current Situation
The Commission announced its intention to review the Directive, partially in response to a report initiated by the European Parliament in 2002. The report and Commission noted that the original legislation can be difficult to interpret, does not foster the development of alternatives to animal use and does not reflect technological developments such as GM. The Commission initially explored possibilities through the formation of Technical Expert Working Groups which reported in 2003. In 2006 it conducted an impact assessment involving both public and expert stakeholder consultations, designed to solicit views on potential options for the new legislation. The legislative text is currently being drafted and is expected in May or June.
The stakeholder questionnaire offered some insights into the likely shape of the draft legislation and the issues it will cover. Among these are controls on the use of non-human primates; official authorisation of procedures and introducing an ethical review process before animal experiments are approved; measures designed to address welfare (such as housing conditions and euthanasia techniques); statistical reporting; and the scope of the directive (ie which kinds of animals and procedures it will regulate).
The Issues
It is clear that the Commission aims to balance harmonisation of rules across the member states with a general predisposition not to regulate too closely, partially because of concerns about competitiveness. The BUAV and its colleagues in the European Coalition to End Animal Experiments recognise that a ban on the use of animals in experimentation is not politically achievable at this point but nevertheless consider that the proposals which appear likely to emerge will represent a missed opportunity to significantly increase the protection offered to animals in laboratories. Among our lobbying goals are a complete ban on the use of non-human primates (see page on this site), a truly rigorous and transparent system of ethical review involving far more welfare input, and significantly enhanced support for non-animal techniques. Click to go to the Non-Human Primates page.
Many of the measures that have been floated so far would appear broadly to bring European legislation in line with the situation currently pertaining in the UK. The BUAV has serious concerns that the regime within the UK is already both too permissive and insufficiently transparent and while we recognise that raising standards in some other Member States will be of value, we consider that far more can and should be done than “levelling up”.
Legislative Process
A timetable for the legislation should become clearer once the draft is published. This legislation will, however, go through the EU’s Co-decision process, meaning that both the Parliament and the Council will need to agree to the final text, with potentially two readings in the Parliament before it concludes.
The BUAV, through the ECEAE, has already contributed comment and expertise at several points in the pre-publication stage. We are currently awaiting publication of the draft and shall be lobbying intensively at EU and domestic level on this legislation as it progresses through the political process.
For more information, contact BUAV Parliamentary Officer Dave Powell on 0207 619 6970.