EXPLANATORY MEMORANDUM
1.CONTEXT OF THE DELEGATED ACT
Article 92(4) of Regulation (EU) 2017/625 of the European Parliament and the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products (Official Controls Regulation) 1 , sets out that the Commission shall supplement that Regulation by adopting the decision to establish European Union reference laboratories by means of a delegated act in accordance with its Article 144.
Effectiveness of official controls and other official activities is of primary importance for the competent authorities to take adequate and timely measures against quarantine pests of plants within the meaning of Article 3 of Regulation (EU) 2016/2031 on protective measures against pests of plants 2 , as well as against pests which are not included in the list of Union quarantine pests but which may, in accordance with Article 30(1) of that Regulation, fulfil the conditions for inclusion in that list. This effectiveness depends also on quality, uniformity and reliability of the methods of analysis, test or diagnosis used by official laboratories and of the results thereof. The methods used must moreover remain updated and, where necessary, be improved to achieve the above-mentioned objective.
European Union reference laboratories (EURLs) should thus be established to contribute to the improvement of the methods of analysis, test or diagnosis for pests, to the development of validated methods, to co-ordinate and provide assistance to official laboratories and to promote uniform practices in the development or use of those methods.
In order to ensure the appropriate specialisation, EURLs should be established for specific categories of pests. Those categories should take into account the nature and biology of the pests, as well as their categorisation as set out in Annex I, Part A and Annex II, Part A to Directive 2000/29/EC 3 . In this view, EURLs should be established for the following pest categories: insects and mites, nematodes, bacteria, fungi and oomycetes, and viruses, viroids and phytoplasmas (which is an updated term for 'mycoplasms', as referred to in that Directive).
2.CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT
This draft delegated act was subject to consultation of the general public between 12 December 2017 and 9 January 2018 via the Better Regulation Portal. A total of 3 responses were received which are publicly available and were considered 4 .
The Commission consulted the Official Controls Expert Group on 29 May 2017 and on 15 December 2017.
3.LEGAL ELEMENTS OF THE DELEGATED ACT
The Delegated Act establishes European Union reference laboratories for plant pests in accordance with Article 92(4) of Regulation (EU) 2017/625.
COMMISSION DELEGATED REGULATION (EU) …/...
of 7.2.2018
supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council by establishing European Union reference laboratories for pests of plants
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2017/625 of the European Parliament and the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) 5 , and in particular Article 92(4) thereof,
Whereas:
(1)Competent authorities are required to take adequate and timely measures against quarantine pests within the meaning of Article 3 of Regulation (EU) 2016/2031 6 of the European Parliament and of the Council, as well as against pests which are not included in the list of Union quarantine pests but which may, in accordance with Article 30(1) of that Regulation, fulfil the conditions for inclusion in that list. The effectiveness of official controls and other official activities ensuring compliance with Union legislation is of primary importance in this regard.