The new law, which has taken years to negotiate, is expected to strengthen animal protection in many of the newer member state countries where only minimum standards exist presently. In other countries such as Germany and the UK, with well-established rules on animal testing, there will be few new restrictions.
Member States will have two years to comply with new rules, which aim to scale down the number of animals used for scientific purposes, while not hindering research.
The final version of the legislation requires national authorities to assess the animal welfare implications of each experiment done, with a view to promoting alternative testing methods and reducing the levels of pain inflicted on animals. It also tightens up rules on the use of primates in scientific experiments, by classifying tests according to severity and detailing the inspections needed to ensure compliance.
All Member States must ensure that whenever an alternative method is recognised by Community law it is used instead of animal testing. In addition, approval should be granted only to tests that use killing methods which cause the least pain or distress, while still providing scientifically satisfactory results.
The use of animals in scientific experiments is allowed for basic research and for research into human, animal or plant diseases, drug testing and species preservation, and also for higher education and forensic investigations.
Safeguard clauses have also been introduced to allow national governments to derogate from parts of the legislation and to react to emergency situations, but only for scientifically justifiable reasons and after informing the Commission. The use of a safeguard clause will always be subject to approval by other EU Member States.
Using fewer primates
The legislation broadly bans the use of great apes such as chimpanzees, gorillas and orangutans for scientific testing. The Commission’s draft law would also have restricted the use of other primates such as macaques but MEPs felt this could hamper scientific research into neurodegenerative illnesses such as Alzheimer’s.
National governments will have to ensure inspections are performed on at least 33 per cent of laboratories that use animals, some of which will be unannounced. The Commission will oversee national inspection authorities and due to evaluate and review the legislation five years after its entry into force.
Emily McIvor, senior EU adviser on research & toxicology for Humane Society International said that while the new law on animal experiments was always bound to favour commercial interests over animal welfare, there is still much to celebrate. “For decades scientists in many member states have been able to experiment on live animals without projects being subject to ethical assessment or compulsory authorisation. Proper scrutiny can now be introduced in these countries for the first time.”
“We will also see a new EU-wide effort on developing advanced humane alternatives to animal tests, helping to set the foundation for a future without animal experiments,” McIvor said.