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2454 final report.pdf - Agra CEAS Consulting

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Evaluation of the Community Plant Health Regime: Final Report<br />

DG SANCO Evaluation Framework Contract Lot 3 (Food Chain)<br />

Article 1 (4) of Council Directive 2000/29/EC indicates that ―The Member States shall ensure<br />

a close, rapid, immediate and effective cooperation between themselves and the Commission<br />

in relation to matters covered by this Directive. To this end, each Member State shall<br />

establish or designate a single authority, which shall be responsible, at least for the<br />

coordination and contact in relation to such matters. The official plant protection<br />

organisation set up under the IPPC shall preferably be designated for this purpose”.<br />

According to Article 2(1g) the responsible official bodies in a MS shall be either the official<br />

plant protection organisation(s) or any State authority established at national and/or regional<br />

level, and the responsible official bodies may, under certain conditions, delegate the tasks<br />

provided for in the Directive under their authority and supervision to any legal person,<br />

whether governed by public or by private law.<br />

According to the responses received by the MS CAs to the general survey, the NPPO is<br />

considered to be the Single Authority for coordination and contact with the MS and the<br />

Commission within the meaning of Article 1(4) in nearly all MS, while in all MS, the MS<br />

CAs indicated that the NPPO is considered to be the Responsible Official Body within the<br />

meaning of Article 2.1(g) of the Directive.<br />

Only in the case of BE and AT, the CAs indicated that the NPPO was not the Single<br />

Authority within the meaning of Article 1(4), where respectively the ―Federal Public Service<br />

of Public Health, Food Chain Safety and Environment‖ and the ―Bundesministerium für<br />

Land- und Forstwirtschaft, Umwelt und Wasserwirtschaft‖ have been designated for this role.<br />

It is also noted that in the case of MS with decentralised governance (e.g. DE, ES, IT) the<br />

Single Authority acts as a coordinator of the regions which act as the responsible official<br />

bodies for implementation; in this case the federal authority typically carries the tasks of<br />

coordination and supervision of the regions, contact with the Commission, other MS and third<br />

countries, and data collection at national level. In the case of DE, the NPPO consists of the<br />

responsible official bodies of the Federal States and the phytosanitary units of JKI and<br />

BMELV (Ministry).<br />

When considering the complete implementation of Directive 2000/29/EC, there is a range of<br />

tasks and duties foreseen for the Single Authority and the Responsible Official Bodies, some<br />

of which can be delegated to other legal bodies under certain conditions (Article 2(1g)). These<br />

issues have been explored and are discussed further in section 3.10.1.<br />

2.5 Overview of the CPHR main instruments<br />

As it currently stands, the CPHR consists of a series of measures that are in place for the<br />

control and eventually the eradication of HOs. The measures relate either to organisms listed<br />

in the Directive and/or to non-listed ones. The key measures are explored in depth in five<br />

thematic case studies (Themes 1-5). A schematic presentation of how the CPHR is positioned<br />

within the wider context of the plant health system, and the detailed CPHR measures<br />

currently in place are provided in Figure 3-2 and Table 3-1, respectively.<br />

Food Chain Evaluation Consortium 28

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