In the fifth and final edition of our “Plant health policy at a glance” series, we shine a light on the main pillars of EU plant health law, and how they help combat ToBRFV and ToLCNDV in tomatoes and cucurbits.
Regulation on protective measures against plant pests
The EU plant health regime has been in place since 1977. EU institutions reviewed several times since then, initially in the form of directives (i.e. which have to be translated into national law of EU Member States). Then, in 2016, to strengthen the EU plant health regime, the EU adopted a regulation, which applies directly in EU countries. This is the regulation on protective measures against plant pests (Regulation (EU) 2016/2031), also known as the “EU plant health law”.
This regulation, in force since 14 December 2019, has modernised the plant health regime, enhancing more effective measures for the protection of the EU’s territory and its plants. It also aimed to ensure safe trade, as well as to mitigate the impacts of climate change on the health of EU crops and forests. Especially with climate change, more interconnected agricultural sectors and global trade, plant pests and diseases can survive in Europe more easily than before.
This key regulation focuses on four key areas: (i) plant pests, (ii) the import of plants in the EU, (iii) the movement of plants or plant products within the EU and (iv) the introduction of new obligations and responsibilities for professional operators. Under the EU plant health law, people travelling to the EU from third countries are not allowed to introduce any plant or plant material into the EU, unless it is accompanied by an official certificate. It also requires all plants for planting sold between professionals to have a plant passport. Moreover, all professionals trading or selling plants must register with their national plant protection authority.
The EU plant health law - a success story
In summary, this main pillar of EU plant health law has fulfilled four crucial purposes:
- Better protection of EU agriculture, horticulture and environment using more effective measures.
- Pro-active approach against new pest (surveillance, eradication measures, financing, contingency plans, simulation exercises).
- Ensuring safe trade of plants and plant products (new import and internal movement rules).
- Compliance with international plant health standards (ISPMs: International Standards for Phytosanitary Measures under the International Plant Protection Convention, the IPPC).
EU Commission Implementing Regulation on ToBRFV
Following the entry into force of the EU regulation, the EU Commission adopted several delegated and implementing acts. This was to ensure the correct implementation of the legislation across EU Member States. Most importantly, in August 2020, the EU executive adopted an implementing act specifically targeting ToBRFV. This legal act (Commission Implementing Regulation (EU) 2020/1191) established strict measures to prevent the introduction to and spread within the EU of the devastating ToBRFV plant pest. Furthermore, according to the reclassification of quarantine pests enforced by the “EU plant health law”, ToBRFV is considered as a new pest. Subsequently, the EU and the EPPO have been managing ToBRFV as a quarantine pest organism since then. The emergency measures applying to ToBRFV are still in force until at least May 2023.
As concerns ToLCNDV, the EU Commission regulated this plant pest under the Commission Implementing Regulation (EU) 2019/2072. Contrary to ToBRFV however, ToLCNDV is not subject to its own implementing regulation, but is part of the overall EU legislation covering quarantine pests. Still, this does not change the fact that EU plant health authorities also treat ToLCNDV as a quarantine pest in the EU. This means that key EU plant health authorities such as EFSA and the NPPOs, are closely monitoring the developments of the ToLCNDV situation in Europe.
EU Directive on the sustainable use of pesticides
While not directly part of EU plant health law, EU legislation on pesticides also have a crucial role to play in ensuring health of plants and their environment. Since 2009, an important cornerstone of EU legislation on pesticide use has been Directive 2009/128/EC on the sustainable use of pesticides in the EU. This directive, which EU countries transposed into their national laws, established a framework for EU action to achieve the sustainable use of pesticides. It did so setting minimum rules to reduce the risks to human health and the environment that are associated with (chemical) pesticide use. It also promoted the use of integrated pest management (IPM) as crucial alternative to chemical pesticides. Furthermore, it further sought to enhance the high level of protection achieved through the entire regulatory system for pesticides.
Strengthening the future EU legislation on pesticides
More than a decade later, the EU Commission has kickstarted the legislative revision process for this directive, in order to strengthen its framework. Following a public consultation in early 2022, the EU executive has then proposed a regulation with binding targets to reduce the use of chemical pesticides, as well as ensure more sustainable food systems by 2030. This regulation should also deliver on the European Green Deal and the commitments of the EU Farm-to-Fork strategy.
The EU Commission proposal sets out legally binding targets at EU and national level to reduce by 50% the use and the risk of chemical pesticides and the use of more hazardous pesticides by 2030. The proposed rules also cover environmentally friendly pest control through the enhanced use of integrated pest management (IPM), and the availability of monitoring data, and the use of less hazardous and non-chemical alternatives. A ban on all pesticides in sensitive areas is also proposed. Now, the EU Parliament and Council have to take the EU Commission’s proposal through the legislative co-decision process. Depending on how fast negotiations proceed, a decision can be expected in the course of 2023.
VIRTIGATION and the pillars of EU plant health law
VIRTIGATION objectives cover all main pillars of EU plant health law, as well as the legislation on pesticide use. As VIRTIGATION works on both ToBRFV and ToLCNDV, the project seeks to provide its insights on both plant pests regularly to EU institutions (e.g. EFSA), NPPOs and the EPPO. This should help improve the application of e.g. the ToBRFV implementing regulation, the EU plant health law itself as well as its delegated/implementing acts. In terms of the EU legislation on pesticides, VIRTIGATION will seek to provide insights on improved, innovative IPM measures e.g. to tackle the whitefly vector of ToLCNDV, but also enhance ToBRFV eradication measures and quarantine protocols. Finally, the project is fully aligned with the pesticide reduction targets of the proposed pesticide regulation of the EU Commission, as VIRTIGATION also seeks to cut the use of (chemical) pesticides by at least half by the end of its lifetime.
