1st GLOBAL CONFERENCE ON VETERINARY LEGISLATION Modernising veterinary legislation for good governance DJERBA, Tunisia, 7-9 December 2010 THE EU VETERINARY LEGISLATION Dr Alberto Laddomada Head of Unit – Animal Health DG Health and Consumers, European Commission

The European Union 27 Member States over 4 million km² 500 million citizens 23 official languages All the MSs have had a veterinary legislation for a long time, and their own organisation

The European Union Internal trade Animal production First world importer High health status Enlargement The configuration of the EU led to progressive and targeted harmonisation of the veterinary legislations

A Single Market for goods (1993) Free movement of goods, which may be restricted only in exceptional cases (e.g. animal or public health, environment, or consumer protection risks) Once allowed into the EU, goods including live animals and animal products can be traded in any Member States Need for a fully harmonised legislation in animal and veterinary public health

The EU legislative framework Legal basis, equiv. constitution Articles in the Treaty = basis for rest of EU legislation Basic acts: Parliament and Council Secondary acts (delegated or implementing): Commission may delegate legislative powers to the Commission EU Citizens / National administrations Implementing Legislation, equiv. laws and regulations

Types of legislation Treaty: basis for rest of EU legislation Regulation: directly applicable by Member States Competent Authorities Directive: needs transposition into national legislation Decision: directly applicable for addressee - administration, institution, private body

EU legal support - Harmonised legislation HORIZONTAL LEGISLATION nVeterinary checks in EU trade nVeterinary certification for EU trade and export nIdentification/registration of holdings and animals nImports – BIP (border inspection posts) nBilateral vet agreements with some third countries

EU legal support - Harmonised legislation VERTICAL LEGISLATION nHarmonised veterinary public health standards nHarmonised approach to the control/eradication of major animal diseases including zoonoses nFinancial support to MS to ensure/improve animal health

Example of Comitology procedure: amending implementing legislation Risk assessment On Avian Influenza Council Directive 2005/94/EC Draft Decisions on additional measures related to HPAI H5N1 in poultry and wild birds Published Decisions 2006/415/EC and 2006/563/EC on specific control measures Safeguard measure Immediately applicable Standing Committee on the Food Chain and Animal Health (SCoFCAH)

Standing Committee on the Food Chain and Animal Health: all Member States represented Major role in AH/PH crisis management (In case of emergencies the Commission may adopt interim measures without the need of a prior SCoFCAH opinion) Rapid decision making process

Example of legal architecture The Food law Regulation (EC) No 178/2002 = Basic law to create a general frame for global consistency and for general requirements Reg852/ Hygiene of foodstuffs, Reg853/ Hygiene for foods of animal origin Reg882/2004 – General rules Official controls Reg854/2004 – Specific rules Official controls

Implementing measures Reg2073/ microbiological criteria Reg2074/ implementing measures Reg2075/ Trichinella testing Reg2076/ transitional arrangements Guidance documents Reg178/2002, Reg852/2004, Reg853/2004 HACCP (2 parts) Import requirements

Treaty of Lisbon Entry into force on 1 December 2009 New distinction of secondary acts, for new basic acts or if basic acts are amended Delegated Acts – Article 290 Amending non essential elements of basic acts: the European Commission decides alone, after consultation of an expert group Implementing Acts – Article 291 For uniform rules of implementation of basic or delegated acts: the SCOFCAH is still used for decision making as the voice of the EU Member States

The future legal architecture The Animal Health law The main instrument to achieve the objectives of the Animal Health Strategy Replace the existing complex set of related acts by a single, simple and coherent legal framework

The future legal architecture The Animal Health law A general frame for global consistency and for general requirements gradually supplemented by a number of delegated and/or implementing acts Will be developed under the new Lisbon Treaty legal framework

The future legal architecture The Animal Health law Simplify, clarify, more coherence, suppress duplication and grey areas More consultation, more accessibility, more responsibility Less administrative burden and compliance costs Based on the animal health strategy: prevention, flexibility, compatibility with OIE Standards

Animal Health Law specific objectives – simplification General issues: x x duplication x x grey areas < < administrative burdens, administrative and compliance costs > > OIE convergence

Animal Health Law specific objectives – simplification Specific issues: Identification and registration of animals Animal health conditions related to imports Definition of epidemiological unit and holding

Animal Health Law specific objectives –prevention Increased focus on prevention Biosecurity Surveillance system Principles of early detection and notification system Links between preventive approaches, such as surveillance and biosecurity Surveillance network (fully functional services in line with the OIE standards, expertise incl. labs, institutions)

Animal Health Law specific objectives –prevention Responsibilities of different actors (keepers, operators, competent authorities) Disease control rules and their relation to trade

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