The phytosanitary legislation are basic laws granting legal authority to a national plant protection organization (NPPO) from which phytosanitary regulations may be drafted (ISPM5 Glossary of phytosanitary terms). The establishment of a phytosanitary system therefore presupposes the existence of a set of legal acts (phytosanitary legislation) regulating this activity and other related fields.
The main functions of the phytosanitary legislation are:
The IPPC aim to protect the world's plant resources from the spread and introduction of pests, and promote safe trade. It is in this sense that it constitutes the repository for the Contracting Parties in terms of phytosanitary measures to be implemented and have the guidance necessary to set up or adapt theirs national legislation to regulate the phytosanitary field.
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While there is not a dedicated ISPM to the development of phytosanitary legislation, it should be noted that several of the ISPMs provide guidance for structuring the different components of the national phytosanitary system and thus adopting laws and implementing harmonized phytosanitary measures with the IPPC.
The challenges and interests in phytosanitary issues and the level of international trade often determines the national phytosanitary legislation. CPs configure their phytosanitary legislation to meet their obligation according to national capacities in terms of phytosanitary surveillance, diagnostic and inspection, and considering the importance of import and export of plants and plant products.
However, the following standards can be highlighted as the most important considered in the phytosanitary legislation.
The PCE, or Phytosanitary Capacity Evaluation, is a management tool designed to help a country to identify both strengths and gaps in its existing and planned phytosanitary systems.
The objective for which a country conducts a PCE is to identify clear priorities and a strategy to strengthen its phytosanitary system that in the future could be reflected in a change or improvement of phytosanitary legislation and related legal instruments.
The country conducting the PCE receives guidance for a phytosanitary capacity needs assessment on phytosanitary legislation. For example, it helps to recognize whether the existing legal and regulatory framework for phytosanitary activities is sufficient and what are the major gaps in the current national framework of Phytosanitary Law/Act, regulations and standards.
PCE is a comprehensive tool to help evaluate and develop national phytosanitary capacities and design a phytosanitary legislation adapted to the realities of each country.
The following guides may be particularly useful for a PC wishing to adapt its phytosanitary legislation and ensure its compliance with the IPPC.
This reference standard is a listing of terms and definitions with specific meaning for phytosanitary systems worldwide. It has been developed to provide a harmonized internationally agreed vocabulary associated with the implementation of the IPPC and ISPMs.
The country page shows the contact information of the IPPC Official Contact Points of the IPPC Contracting Parties and local contacts of non-Contracting parties and Territories. Under the contact information, it lists the public national reporting obligations which shall be reported by the contracting parties via this Country page. These obligations include reporting of (1)Designation of an Official IPPC Contact Point, (2)Description of the NPPO, (3)Phytosanitary requirements, restrictions & prohibitions, (4)List of entry points, (5)List of regulated pest, (6)Pest report and (7)Emergency action.