Overview of the International and European framework for plant health legislation. Wednesday 27 th July 2011, Bangkok

Transcription

1 Overview of the International and European framework for plant health legislation By Dr Elspeth Steel Wednesday 27 th July 2011, Bangkok

2 Outline International framework for plant health legislation WTO-SPS and the IPPC European framework for plant health legislation European Union European Commission Summary

3 Global (WTO-SPS, FAO) world trade agreement on the application of sanitary and phytosanitary measures Europe - EC Individual Member States (UK, SE, FR etc) Europe - EPPO

4 WTO- SPS World Trade Organisation Agreement on Sanitary and Phytosanitary Measures (1994)

5 World Trade Organisation (WTO) The WTO was formed in 1994 Responsible for establishing rules of trade between nations Settles trade disputes There are several agreements on trade in goods including: agriculture, textiles and clothing and sanitary and phytosanitary measures.

6 WTO - SPS Agreement Phytosanitary measures should be: consistent with international standards justified by scientific principles and evidence (PRA) harmonised to the extent possible transparent / notified / non-discriminatory only as restrictive as necessary to meet the appropriate level of protection

7 Recognises the basic right to protect human, animal and plant life and health. Also recognises the work and procedures of the three sisters, i.e. the IPPC and Regional Plant Protection Organisations (plant health); the OIE (animal health); the Codex Alimentarius (human health). Principles

8 WTO - SPS IPPC OIE Codex Alimentarius

9 IPPC is the recognised international IPPC is the recognised international standard setting body for plant health under the WTO-SPS

10 IPPC International Plant Protection Convention

11 IPPC Multilateral treaty for international cooperation in plant protection Over 160 countries including Thailand, UK and Sweden A standard setting organisation

12 Aim of the IPPC Prevent introduction and spread of pests Promote fair and safe trade Protect plant life

13 Scope of the IPPC IPPC covers a wide range of plants and protects them from a wide range of pests plants: cultivated plants and wild flora plant pests: invertebrates, diseases and weeds

14 Key principles Countries have the right to use phytosanitary measures Measures should be: only applied when necessary technically justified no more restrictive than necessary to address risk non-discriminatory transparent

15 International regulatory framework IPPC SPS The IPPC makes provision for trade in a plant protection agreement... the SPS makes complementary provisions for plant protection in a trade agreement

16 IPPC Building in Rome, Italy 16

17 Covers all types of plants and pests Commission on Phytosanitary Measures (CPM) Secretariat Technical Panels IPPC Standards Setting Information Sharing Technical Assistance Expert Working Groups

18 Commission for Phytosanitary Measures (CPM) 18

19 Commission for Phytosanitary Measures (CPM) Governing body for the IPPC Develops and adopts International Standards for Phytosanitary Measures (ISPMs) Reviews global plant protection needs and sets the annual work programme Promotes technical assistance and information exchange 19

20 Development of Legislation IPPC - ISPMs ISPMs - International Standards on Phytosanitary Measures

21 ISPMs International Standards for Phytosanitary Measures Provide guidance to member countries in fulfilling the requirements of the IPPC. Describing why to do certain actions in plant health; such as export requirements eg ISPM 31, the guidelines for sampling for inspection A glossary of definitions not always obvious!

22 European and Mediterranean Plant Protection Organisation EPPO 22

23 European and Mediterranean Plant Protection Organisation The organisation responsible for European cooperation in plant protection EPPO's activities include: Setting regional standards for phytosanitary measures; Organising working party and panel meetings bringing together experts from the region; Distributing pest information and encouraging participation via workshops and conferences. EPPO can only recommend, it does not regulate. 23

24 The European Union (EU) The EU is an economic and political union of 27 member states (MS) which are primarily located in Europe and has a population of 500 million. The EU operates through a hybrid system of supranational independent institutions and intergovernmental made decisions negotiated by the MS. Important institutions of the EU are the EU Commission, The Council of the European Union, The European Council, Court of Justice of the European Union, the European Central Bank and European Parliament.

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26 The EU Single Market The single market operates through a standardised system of laws which apply in all MS. It ensures the free movement of people, goods, services, and capital. Enacts legislation in justice and home affaires, and maintains a common policies on trade, agriculture, fisheries and regional development.

27 The EU Laws The EU law is a body of treaties, laws and court judgements which operates alongside the legal systems of each MS. It has direct effect within the EU MS and where conflict occurs, takes precedence over their national law. The legislative acts of the EU come in two forms: regulations which become law in all MS at the moment they come into force and directives which are implemented through each MS s national legal systems.

28 Involvement of the MS The Council of Ministers is split into parts according to disciplines, the Council of Agriculture is responsible for plant health. Only the Commission has the right to present proposals for new or amended legislation. However, the Commission Working Groups (made up of MS representatives) influence the decisions.

29 The Food and Veterinary Office (FVO) The FVO is another important body of the EC, its aim is to ensure compliance with the EU standards both within the EU and in third countries in relation to their exports to the EU. The FVO does this mainly by carrying out inspections in MS and in third countries exporting to the EU. Inspection reports are produced including findings, conclusions and recommendations. Countries with any shortcomings are requested to present an action plan to the FVO. The FVO evaluate the action plan and monitors its implementation through follow up activities.

30 FVO - 2 FVO may also highlight areas where the EC needs to clarifying or amending legislation or areas where new legislation is required. FVO in this way contributes to the development of the EU legislation. The FVO also produces reports, such as general overviews that summarise the results of a series of inspections to a number of MS on the same subject. Website:

31 EFSA The European Food Safety Authority (EFSA) EFSA is the keystone of EU risk assessment regarding food and feed safety.. It provides independent scientific advice and clear communication on existing and emerging risks. EFSA develops many Pest Risk Assessments (PRA) to meet the requirement of the SPS agreement under WTO see Ray Cannon s talks on PRA and PRM.

32 DG Sanco The Commission Directorate General (DG) for Health and Consumers (DG Sanco) DG Sanco s cooperation with the MS is through the Standing Committee on Plant Health (SCPH). DG Sanco chairs the SCPH monthly meetings.

33 SCPH 33

34 SCPH Legislation development happens in the Council Working Group and the Standing Committee for Plant Health (SCPH). The SCPH handles issues on new findings -outbreaks of harmful organisms, serious interceptions, amendments of the annexes of Council Dir 2000/29/EC etc. Both elements of PRA risk analysis and risk management are done by SCPH with advice on risk analysis from EFSA and specific working groups 34

35 UK legislation Required to closely follow EC legislation; Devolved administrations required to have own Orders E, W, Sc, NI, Jersey, Guernsey, IoM Forestry Authority forestry order Legislation articles how, who, what Schedules phytosanitary measures closely mirror EC Directive, incorporate emergency legislation; Amended frequently. Plant Health Act unaltered since 1967.

36 EU strategy for Plant Quarantine Objectives 1. To prevent the introduction into the Community of pests and diseases harmful to plants and plant products; 2. To prevent the spread within the Community of pests and diseases harmful to plants and plant products.

37 Summary WTO-SPS IPPC EU Legislation - Regulations, enforced in the MS - Directives, MS implement their own legislations to achieve them 27 MS each with their own national legislations