DOCTORAL THESIS SUMMARY

Transcription

1 UNIVERSITY OF AGRICULTURAL SCIENCES AND VETERINARY MEDICINE CLUJ NAPOCA DOCTORAL SCHOOL OF ENGENEERING AGRICULTURAL SCIENCES Eng. DOCTORAL THESIS SUMMARY RESEARCH CONCERNING THE IMPLEMENTATION OF THE COMMUNITARIAN POLICIES OF PLANT PROTECTION INTO ROMANIAN LEGISLATION SCIENTIFIC COORDINATOR Prof.dr. Ioan OROIAN Cluj Napoca 2015

2 SUMMARY Pag. INTRODUCTION... II CHAPTER I COMMON AGRICULTURAL POLICY AND ROMANIAN LEGISLATION CONCERNING PLANT PROTECTION.. II CHAPTER II ROMANIAN LEGISLATION CONCERNING PLANT PROTECTION. III CHAPTER IV AIM AND OBJECTIVES IV CHAPTER V MATERIAL AND METHOD.. V CHAPTER V RESULTS AND DISCUSSIONS. V 5.1. The transposition of the communitarian phytosanitary into Romanian... V 5.2. The study of the perception of the phytosanitary policies by representatives of the authorities responsible with their I implementation..... CHAPTER VI CONCLUSIONS... III BIBLIOGRAPHY... IV I

3 INTRODUCTION Romania, which is a full member of the EU since 1 January 2007 has had a great responsibility in terms of meeting the acquis communautaire. In the present context, legislative issues related to plant protection is of paramount importance for our country (OROIAN and PETRESCU MAG, 2010; TODEROIU, 2004). CHAPTER I COMMON AGRICULTURAL POLICY AND ROMANIAN LEGISLATION CONCERNING PLANT PROTECTION In the present context, the "engine" of agricultural policy at EU level is the Common Agricultural Policy (CAP). On the one hand, this is because its funding amounts to an amount representing approximately 40% of the Union's total budget, on the other hand the number of persons covered by the provisions of the CAP have effect and territory related to their activities (OROIAN and PETRESCU MAG, 2010). Add to this the historical importance and attributes of sovereignty, the Member States of the European Union Community level delegate decision. Noteworthy is the fact that the importance of the Common Agricultural Policy that principle derives from its functionality is closely related to the concept of the single market and of economic and monetary union, these two areas represent key points of the complex process of European integration (GAVRILESCU et al., 2001). Add to this the attributes of sovereignty and historical Importance, the Member States of the European Union Community level delegated decision. II

4 Noteworthy is the fact that the Common Agricultural Policy of the importance that principle derives from its functionality is closely related to the concept of the single market and of economic and monetary union, these two key points of the areas represent complex process of European integration According to ALMOND et al., (2009), Common Agricultural Policy is not only one of the first common policies, but also the most important. Its special importance in the community building is reflected through several distinct features. This is an integrationist policy par excellence, greater even than the internal market, where the harmonized standards they replaced only a proportion of about 10% national ones. CHAPTER II ROMANIAN LEGISLATION CONCERNING PLANT PROTECTION Romanian regarding plant protection and phytosanitary quarantine in effect at the moment, according to the Ministry of Agriculture and Rural Development, consists of 50 acts, represented by four law 29 ministerial orders, 2 orders and 15 government decisions. The four la concern: Protection against the introduction and spread of organisms harmful to plants or plant products in Romania, Law no.214/2001 Reorganization plant protection and phytosanitary quarantine, Law no.37/2006 Plant protection and phytosanitary quarantine, Law no.93/2007 Measures to protect against the introduction and spread of harmful to plants or plant products in Romania, Law no.165/2009 III

5 CHAPTER III AIM AND OBJECTIVE The aim of this thesis is to highlight the implementation of Community policies on plant protection in Romanian and the level of their knowledge and perception among professionals whose field of activity aimed at implementing phytosanitary. To reflect the particularities plant health policy implementation in the Romanian, the thesis objectives are geared towards the following: Identifying the degree of implementation of regulations, directives and decisions aimed at protecting the plant community, the laws, ordinances and specific hotîrârile Romanian government. Quantification of the implementation of plant protection in force in the European Union in specific normative acts profile national phytosanitary policies. The implementation methodologies specific sociological - case study, comparative questionnaire - in order to assess the level of expertise of specialists in plant protection from Transylvania on their skills year fitosnitare policies Community, national and interdependencies between them. Identifying the knowledge of phytosanitary and national cpmunitare among professionals in plant protection. Identify awareness levels in the implementation of national plant health in the plant protection professionals. Identifying the knowledge of the particularities of national phytosanitary, but also those relating to plant health implementation level to the national level in plant protection professionals. IV

6 CHAPTER IV MATERIAL AND METHOD The research conducted in this thesis are so kind bibliographic and practice. Bibliographic such research involves an extensive consultation of legislative documents in force both domestically therefore being consulted collection Gazette ( and Community EUR-Lex portal (http: / /eurlex.europa.eu/). Methodological, was used for the portfolio solutions offered by sociological sciences, represented by the specific instruments or benchmarking (GRAWITZ, 2000) and quetionnaire. CHAPTER V RESULT AND DISCUSSIONS 5.1. THE TRANSPOSITION OF THE COMMUNITARIAN PHYTOSANITARY LEGISLATION INTO ROMANIAN LEGISLATION As already stated, the main directions of transposing EU into national law aimed phytosanitary issues and approval quarantine phytosanitary control of plant protection products after approval, pesticide residues, and sustainable use of plant protection products. V

7 Table 1 The Communitarian and Romanian phytosanitary policies specific in normative documents Romanian Laws Orders Ordinances Decisions Communitarian Directives of the Council Directives of the Comission Regulations Decisions Fig. 2. The matrix of the transposition of the communitarian phytosanitary regulations concerning the plant protection and phytosanitary quarantine into Romanian VI

8 Fig. 3. The matrix of the transposition of the communitarian phytosanitary regulations concerning the phytosanitary homologation into Romanian Fig. 4. The matrix of the transposition of the communitarian phytosanitary regulations concerning the control of the post homologation plant protection products into Romanian VII

9 Fig. 5. The matrix of the transposition of the communitarian phytosanitary regulations concerning the pesticide residues into Romanian Fig. 6. The matrix of the transposition of the communitarian phytosanitary regulations concerning the sustainable use of plant protection products into Romanian VIII

10 5.2.THE STUDY OF THE PERCEPTION OF THE PHYTOSANITARY POLICIES BY REPRESENTATIVES OF THE AUTHORITIES RESPONSIBLE WITH THEIR IMPLEMENTATION Lipsa cunoaşteerii legislaţiei/lack of knowledge 25% Cunoaşterea legislaţiei/lack of knowledge 75% Fig. 26. The stage of acquaintance of the phytosanitary concerning the plant protection and phytosanitary quarantine, among respondents 18.2% 19% 27% 35.8% Foarte bun/very good Bun/Good Satisfăcător/Satisfactory Lipseşte/Lack Fig. 27. The knowledge stage of the particulariries of the phytosanitary concerning the plant protection and phytosanitary quarantine, among respondents IX

11 Lipsa cunoaşteerii legislaţiei/lack of knowledge 25% Cunoaşterea legislaţiei/lack of knowledge 75% Fig. 45. The stage of acquaintance of the phytosanitary concerning the phytosanitary homologation, among respondents X

12 19.3% 14.3% 27.2% 39.2% Foarte bun/very good Bun/Good Satisfăcător/Satisfactory Lipseşte/Lack Fig. 46. The knowledge stage of the particulariries of the phytosanitary concerning the phytosanitary homologation, among respondents Lipsa cunoaşteerii legislaţiei/lack of knowledge 31% Cunoaşterea legislaţiei/lack of knowledge 69% XI

13 Fig. 65. The stage of acquaintance of the phytosanitary concerning the control of plant protection products post homologation, among respondents 26.8% 7.7% 33.5% 32% Foarte bun/very good Bun/Good Satisfăcător/Satisfactory Lipseşte/Lack concerning control of plant protection products post homologation, among respondents Lipsa cunoaşteerii legislaţiei/lack of knowledge 22% Cunoaşterea legislaţiei/lack of knowledge 78% Fig. 86.The stage of acquaintance with phytosanitary concerning the pesticide residues, among respondents XII

14 16.9% 20% 27% 36.1% Foarte bun/very good Bun/Good Satisfăcător/Satisfactory Lipseşte/Lack Fig. 87. The knowledge stage of the phytosanitary concerning the pesticide residues, among respondents CHAPTER VII CONCLUIONZII The research undertaken in this thesis regarding the implementation of Community policies on plant protection in Romanian law have led to a number of conclusions. Transposition into national law on plant health address aspects related to quarantine and phytosanitary approval, control of plant protection products after approval, pesticide residues, and sustainable use of plant protection products. Studies undertaken demonstrates a very good coordination between the main directions of plant health transposing into national law aimed at cutting issues. Regarding the national and Community relating to plant protection and phytosanitary quarantine, it appears that 75% of respondents are familiar with it, while 25% do not know. Although more than half, ie 54.80% of respondents are knowledgeable XIII

15 about national and Community on plant protection and phytosanitary quarantine have good and very good skills in this area, there is a high percentage (18.20 %) subjects who do not have detailed knowledge relating to specific aspects related to phytosanitary quarantine. With regard to national and Community relating to phytosanitary approval, it appears that 75% of respondents are familiar with it, while 25% do not know. Thus, while more than half (53.50%) of the respondents knowledge of national and Community relating to phytosanitary approval have good and very good skills in this area, there is a high percentage (19.30%) subjects no detailed knowledge relating to specific aspects related to the approval process plant. Overall, it noted that Community on pesticide residues, recorded the best knowledge (78% of subjects) in the phytosanitary authorities territories in implementing national and Community policies addressed in this thesis, while legislating control plant protection products after approval, is the least known (69% of subjects). BIBLIOGRAPHY 1. Almond, G., G. Bingham Powell, Jr. Kaare Strom, J.D. Russell, 2009, Politica comparată astăzi, Iaşi: Institutul European; 2. Gavrilescu, D., I. Davidovici, Daniela Giurca, 2001, Lecţii ale tranziţiei Spaţiul Rural si sectorul agroalimentar,editura Expert, Bucureşti; 3. Grawitz, M., 2000, Méthodes des sciences sociales, Ed. Dalloz, Paris ; 4. Manoleli, D.G., 2004, Ierarhizarea priorităţiilor de dezvoltare agricola si rurala în România. Influentele noii reforme a Politicii Agricole Comunitare, Institutul European din România Studii de impact (PAIS II), Bucureşti ; 5. Meny, Y., 1993, Politique Comparee. Les democraties Allemagne, Etats Units, France, Grande Bretagne, Italie, Moonterestien, Paris ; 6. Oroian I., 2005, Protecţia plantelor în acte normative; XIV

16 7. Oroian, I., 2012, Protecţia plantelor - principii şi tendinţe, Editura Bioflux Cluj - Napoca, Romania; 8. Oroian, I., Antonia Odagiu, V. Florian, 2011, Protectia ecologica a culturilor in agricultura organica, Editura Bioflux Cluj-Napoca, Romania; 9. Oroian, I., Mălina Petrescu Mag, 2010, Drept şi legislaţie de mediu, Editura Bioflux Cluj-Napoca, Romania; 10. Pauliuc, Sînziana, I. Oroian, 2015, Implementation of Communitarian policies concerning phytosanitary quarantine in Romanian, ProEnvironment 8(23): ; 11. Pauliuc, Sînziana, I. Oroian, 2015, Percepton of Communitarian phytosanitary quarantine policies in view of Romanian local responsible authorities, ProEnvironment 8(23): ; 12. Porumbăcean, C., 2009, Poiliticile şi instituţiile Uniunii Europene, Ed. Vasile Goldiş University Press, Arad; 13. Sartori, G, 2008, Ingineria constituţională comparată, Iaşi : Institutul European, 14. Toderoiu, F., 2004, Dosarul agricol al aderării la UE de la optimism fără acoperire la provocare reala, Editura Academia de Studii Economice Bucureşti ; XV