On February 5, 2020, the European Commission published a report on statistical data on the use of animals for scientific purposes by the 28 member states of the European Union during the years 2015 to 2017 (click here) and a report on the implementation of Directive 2010/63/EU on protection of animals used for scientific purposes (report: click here, and Commission staff working document: click here).

These reports have been drawn up on the basis of data supplied by member states. However, the annual statistical data sent by member states to the Commission only take account of vertebrate animals, and only on condition that they have been included in a “procedure” (i.e. used for experimental purposes). The annual reports include animals used for the creation and maintenance of genetically modified lines.

The Directive also requires member states to produce data every five years on animals killed without having been used for experimental purposes. The first Five-Year Report since the Directive came into force in 2010, covering 2017, was also published on February 5, 2020.

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Our main conclusions:

The more or less strict and consistent application of the Directive is simply a reflection of its shortcomings and loopholes: definitions that are not sufficiently explicit, provisions that are not sufficiently restrictive because Member States have a very wide margin of discretion, too many possible derogations and far too much freedom for each Member State to implement the Directive.

Furthermore, the European Commission’s extremely sympathetic attitude towards Member States which are late to comply with, or even contravene, certain provisions of the Directive, further contributes to limiting its scope and slowing down its effects. Infringement proceedings should be launched much more quickly and systematically.

It is regrettable that, since 2013, the European Commission has failed to demonstrate real determination by effectively supporting member states in transforming their practices, particularly as regards the development and promotion of alternative methods to animal experimentation.

The animal model remains “the” model for most researchers.

If the European Commission does not take strong action vis-à-vis member states to develop, promote and use non-animal methods, not only will the final objective of total replacement of animals (cf. recital 10 of the Directive) remain forever out of reach, but it would not be impossible for the number of animals bred and killed for scientific purposes to start rising again.