2454 final report.pdf - Agra CEAS Consulting

Evaluation of the Community Plant Health Regime: Final Report
DG SANCO Evaluation Framework Contract Lot 3 (Food Chain)
under their authority and supervision - to any legal person, whether governed by public or by
private law 191 .
The results of the general survey indicate that the NPPO is, in the majority of MS, the Single
Authority and the Responsible Official Body within the meaning of Article 1.A of Directive
2000/29/EC, and that the current legal framework is considered to be adequate.
The Table below summarises the implementation of the Single Authority concept in the MS
and the degree of delegation to other bodies.
General survey results
7.1. Implementation of the „Single Authority‟ and 'Responsible Official Bodies' concept
c) Is the legal framework for defining the position of the Single Authority and the Responsible
Official Bodies adequate to fulfil their duties?
The majority of the MS CAs believe that the legal framework is adequate (24 out of 25).
7.2. Delegation of implementation of duties and tasks
b) Are the public resources devoted in your country to the duties and tasks derived from the Directive
sufficient?
The majority of MS CAs (19 out of 24) consider that the public resources devoted to the tasks and duties
derived from the Directive are not sufficient (1 does not know). Among stakeholders, 8 (out of 22, 7 do not
know) hold the same opinion.
c) Is there a need or opportunity for further delegation of tasks to other bodies or legal persons?
The majority of MS CAs believe that there is no need or opportunity for further delegation of tasks to other
bodies of legal persons (12 out of 21, 4 do not know). Most stakeholders (11 out of 22, 6 do not know)
believe there is a need for further delegation.
d) Can quality, independence and impartiality be ensured when duties and tasks are delegated?
The majority of MS CAs believe that quality and impartiality can be ensured when duties and tasks are
delegated (12 yes, 7 in some cases, out of 23, 2 do not know); the results are similar in the case of
stakeholders (9 yes, 8 in some cases, out of 24, 7 do not know)
e) Does the delegation of duties and tasks stimulate companies to take professional responsibility for
plant health in the production and trade chain?
10 MS CAs (out of 24, 8 do not know) do not agree with the statement that the delegation of duties and tasks
stimulate companies to take professional responsibility. The majority of stakeholders believe that delegation
stimulates companies to take responsibility (17 out of 24, 6 do not know).
191 Which under its officially approved constitution is charged exclusively with specific public functions – with
the exception of diagnostic tasks - provided that such person, and its members, has no personal interest in the
outcome of the measures it takes.
FCEC 179