‘Extraterritorial’ application of EU cosmetics Regulation’s ban on animal testing. High Court refers to the ECJ.

Update 17 March 2016 Bobek AG Opined today.

The EU’s cosmetics Regulation prohibits the placing on the market of products tested on laboratory animals. Application of the (criminally enforced) UK implementing regulations, raised questions on the precise scope of the Regulation’s provisions which are aimed at preventing the simple circumvention of the Regulation via production abroad. (Rosalind English has excellent review here). The case at issue concerns the question whether products may incorporate ingredients tested outside the EU, where this testing has been carried out with a view to meeting the product regulation requirements of third States. It is known at the CJEU as Case C-592/14.

The room for circumvention of the EU regime is obvious. The limits to the EU’s territorial reach likewise. International trade law is not at issue in the case however it is clear that the eventual ECJ ruling will feed into WTO et al discussions on so-called ‘non-product incorporated production processes and -methods’.

Similar discussions were at issue in Zuchtvieh-Export, Case C-424/13, on the application of EU rules with respect to animal welfare to transport taking place outside of the EU.

Geert.

, , , , , , , , , , , , , , , , , , , , , , , ,

  1. Leave a comment

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: