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)
The EU has been financing research and development in the plant health field through EC
research programmes (currently under FP7). A range of projects are currently funded under
this, including PRATIQUE and EUPHRESCO. In addition, there are MS research and
development programmes.
2.7 Management procedures and comitology
Before the adoption of the Lisbon Treaty, the legal base for Community action in the plant
health area was Article 37 (ex-Article 43) of the Treaty establishing the European Community
(TCE) which attributed the legislative power to the Council alone. The basic legislation on
plant health currently applicable, i.e. Directive 2000/29/EC, has thus been adopted by the
Council acting by qualified majority on proposal of the Commission and after consultation of
the European Parliament. In practice the texts were voted in the AGRI section of the Council,
assisted in its tasks by the Working Party on Plant Health. In addition, the Working Party of
the Chief Officers for Plant Health (COPHs) discusses strategic issues.
The Treaty on the Functioning of the European Union (TFUE) which entered into force on 1 st
December 2009 modifies the legislative competence in this area. Following Article 43 TFUE
which replaced Article 37 TCE, European Parliament and Council act as co-legislator
following the ordinary legislative procedure after consultation of the Economic and Social
Committee. Any new basic legislative proposal will thus have to be adopted in accordance
with Article 289 TFUE by the European Parliament and the Council, on proposal of the
Commission.
Directive 2000/29/EC foresees that the Commission adopts implementing measures in
accordance with the procedures the laid down in Articles 5 and 7 of Council Decision
1999/468/EC (regulatory procedure). For this work the Commission is assisted by the
Standing Committee on Plant Health (SCPH) which is composed of representatives from the
MS and chaired by the Commission. According to that procedure, the Commission shall
submit to the SCPH a draft of the measures to be taken. The Committee shall deliver an
opinion on the measures which can be adopted by the Commission only if the measures
envisaged are in accordance with the opinion of the Committee. Where it is not the case, the
Commission shall submit a proposal to the Council. The SCPH plays therefore a key role in
the decision making process for the development of Community plant health legislation.
The Commission, assisted by the SCPH, has the leading role in monitoring and controlling
diseases and pests in the EU. It defined in particular in the Annexes of Directive 2000/29/EC
the list of the harmful organisms, plant or plant products whose introduction in the EU, or
certain parts of it, is prohibited or subject to specific requirements. It also adopted emergency
measures to avoid the spreading and ensure the eradication of certain harmful organisms
within the Community when the measures taken by the Member States are, for various
reasons, not sufficient.
Since the entry into force of the Treaty of Lisbon on 1 December 2009, Article 290 and
Article 291 of the TFEU substantially modify the framework for the implementing powers
conferred upon the Commission by the legislator. In particular, the TFEU allows the legislator
to delegate to the Commission the power to adopt non-legislative acts of general application
Food Chain Evaluation Consortium 34