As part of the equivalence of training people responsible for assessing the safety of cosmetic products for human health, a member state can define the disciplines that can be considered as "similar" to medicine, pharmacy or toxicology, on the understanding that the holders of this training must have a qualification enabling them to ensure a high level of protection of human health (see EUROPE 11926).
This is the content of the ruling handed down on Thursday 12 April by the EU Court of Justice (Case C-13/17), which was asked by the French Council of State about the conformity with the European regulation on cosmetic products (1223/2009) of the French regulation that mentions, as training recognised as equivalent to diplomas in medicine, pharmacy and toxicology (required for the assessors of the safety of cosmetic products for human health) degrees issued inside (and not outside) the European Economic Area including, especially, veterinary diplomas and diplomas in ecotoxicology studies.
In its ruling, the Court states firstly that the regulation does not contain any indication as to the place where the diplomas or university degrees are obtained that are recognised as equivalent to the medicine, pharmacy and toxicology degrees required for assessors of the safety of cosmetic products: these degrees and diplomas can thus have been obtained both in EU member states and in third countries.
It then judges that while the member states have a certain margin of appreciation to determine the fields to follow and the level of qualification required to exercise the profession of cosmetics assessor with regard to the protection of human health, only training in disciplines similar to training in pharmacy, toxicology and medicine can be accepted, as well as people able to justify that they possess the skills required to ensure a high level of protection of human health when analysing cosmetics and their components with the greatest certainty possible.
The member states must consequently check the existence with candidates of a common base of in-depth scientific knowledge concerning, on the one hand, the human being and its pathology, and on the other hand, the substances employed during the fabrication of cosmetic products and their physical and chemical properties. (Original version in French by Francesco Gariazzo)