Within the context of the equivalence for training provided to persons in charge of assessing the safety of cosmetics products, a member state can define what disciplines can be regarded as “analogous” to medicine, pharmacy or toxicology, provided that that these people have a qualification whose pedagogical base is similar to that taught for one of these three disciplines. This is the main thrust of the conclusions of Advocate General Henrik Saugmandsgaard Øe at the European Court of Justice (ECJ) on Thursday 14 December in Case C-13/17.
Article 10 (2) of Regulation 1223/2009 allows member states to define which courses they recognise as equivalent to those in pharmacy, toxicology or medicine when an individual is in charge of assessing the safety of cosmetic products for human health. French rules only recognise courses organised in the European Economic Area (EEA) and include veterinary degrees and ecotoxicology studies.
A professional organisation is effectively challenging this regulation. The French Conseil d'État is requesting a preliminary ruling from the ECJ on what territorial scope (outside the EU or in the EU or EEA) applies to the provision concerned and whether a state can determine which disciplines are considered as "analogous" medicine, pharmacy and toxicology or required qualification levels.
In his conclusions, the Advocate General first of all considers that the article in question does not only cover training received in third countries and may apply for any state. He also considers that the regulation must be understood as meaning that a member state may determine which training courses it considers to be equivalent to the university courses mentioned and for which the qualification allows for automatic admissions to posts involving cosmetic product assessments.
The Advocate General adds that member states have a certain margin of discretion regarding the level of qualification and disciplines concerned, provided they comply with the provisions and objectives of the Regulation. In this case, in order for a discipline to be considered "analogous" to the three disciplines in question, it must share with them a common basis of scientific knowledge with regard to human beings, their pathologies and the substances used in the manufacture of the cosmetic product. (Original version in French by Lucas Tripoteau)