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NPPO ESTABLISHMENT

NPPO ESTABLISHMENT. Module 3 Legal and Policy Provisions. Module 3 What will I learn ?. The legal framework that underpins the application of all phytosanitary measures Key legal provisions Policy provisions that contribute to an effective NPPO. Phytosanitary legal framework.

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NPPO ESTABLISHMENT

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  1. NPPO ESTABLISHMENT Module 3 Legal and Policy Provisions

  2. Module 3What will I learn? • The legal framework that underpins the application of all phytosanitary measures • Key legal provisions • Policy provisions that contribute to an effective NPPO

  3. Phytosanitary legal framework A legal framework is the basis for all phytosanitary systems. It includes: • Laws • Regulations for implementing the law • Lower level legislation • Ministerial decrees • Orders

  4. Key national legal provisions • Designate a competent body (NPPO) for implementing phytosanitary legislation • Create predictability and certainty through good governance and respect for the rule of law • Clarify roles, responsibilities and rights of stakeholders

  5. Key national legal provisions • Clearly define NPPO functions and powers • Define powers to act (essential for enforcement) and negotiate (e.g. equivalency of measures, import requirements) • Are independent and accountable in function • Establish a clear hierarchical relationship with sub-national authorities where necessary

  6. Key national legal provisions • Prevent overlap or conflict with existing national legislation (important in avoiding disputes regarding delegated responsibilities) • Set provisions for sources of funding (government budget, fees and grants, among others)

  7. Exercise 3.1 Check your national legislation for consistency with each of the legal provisions set out in the Constitution. For each provision, identify and give the article of the Constitution that relates to it. Identify national provisions that are missing and need to be determined.

  8. Key national policy provisions • Are sustained over time for institutional stability • Set a course of action to address phytosanitary capacity • Define public interests and demonstrate how these can be achieved • Provide a consistent basis for assessing challenges and priorities • Ensure that technical and scientific decisions are free from political interference • Support appointments of technical staff based on merit • Provide administrative support to technical functions.

  9. Key national policy provisions Establish systems to ensure, for example: • Technical competence in each staff position • Import monitoring and enforcement • Phytosanitarycertification • Domestic surveillance and control • Regulation development and notification • Information management

  10. Exercise 3.2 Consider the policy provisions described above and determine to what extent they apply to your NPPO. Identify key areas of weakness that need to be addressed to ensure the greater efficiency of your NPPO.

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