1. Working on Phytosanitary legislation
The IPPC Secretariat
With the financial support of the STDF project 401
Phytosanitary Capacity Evaluation (PCE) facilitators training

2. Summary of the session
The Development Law Branch of the Legal Office (LEGN)
Why a legal component
International trade
IPPC and ISPMs (a legal review)
Before drafting legislation
Elements of plant protection legislation

3. FAO Development Law Service: A group of 12 Lawyers, trained and specialized in the different legal systems providing assistance to Member Countries upon request to strengthen their legal frameworks on all areas under the mandate of the FAO.
advice on legislative reforms
legal information (
legal research (

4. Approach Methodology Legal drafting through participatory processes
Support of international and national consultants
National legislation must be based on (i) national legal tradition, (ii) the national legal framework and (iii) the country regulatory objectives and international obligations
Multidisciplinary
Participatory
Independent
Tailor-made

5. Why a legal component?

6. Why is legislation important for plant protection?
The IPPC is an International Convention
Contracting parties are requested to implement it in their national legislation and to comply with a number of obligations included in the Convention
Enacting national legislation is part of these obligations

7. Why is legislation important for plant protection?
Legislation serves to implement the obligations of the IPPC in national legislation.
It designates the Competent Authority (NPPO) and gives this authority the necessary power.
It defines obligations and responsibilities.
It defines the framework for public action.
It approves implementation and enforcement measures.

8. Is policy the same as legislation?
Policies set up government objectives, identify key trends and pave the way to coordination and integrated action.
Legislation sets up compulsory obligations and responsibilities. Serves to create institutions, registries, licensing schemes, enforcement mechanisms and …. sanctions!

9. Hierarchy of legislation
CONSTITUTION
ACT/ LAW/CODE
(primary legislation)
IMPLEMENTING LEGISLATION
(secondary legislation)

10. Primary legislation
Passed by the Legislative Branch of the State (with some exceptions, when the Constitution so stipulates).
Constitutions frequently include an article defining the subject matters subject to the rule of law
Lays down:
Key obligations
Powers and responsibilities of public authorities
Institutional arrangements
Basic rights and freedoms
Enforcement powers (take samples, seize or destroy)
Establishes criminal offences, fees and taxes
In civil law countries it is frequent that the executive branch of the State can approve primary legislation for specified maters and through a specified procedure

11. Secondary legislation
Implementing legislation (regulations, orders, etc)
Enacted by executive branch (e.g. Cabinet or Minister)
Legal basis in primary law: it cannot exceed the scope of the law, create new powers or approve new sanctions
Lays down:
Technical requirements
Detailed procedures
Useful for technical or scientific details that change quickly

12. Discussion: Under which type of legislation would you regulate….?
The powers of inspectors
Inspection procedures
The power to issue phytosanitary certificates
The procedure to apply for an import permit

13. Thank you very much Legal Officers -FAO Development Law Service
Carmen Bullon -
Lalaina Ravelomanantsoa –
Legal Officers -FAO Development Law Service
FAO Legal Office