Dr. Jean-Louis Duby OIE Expert, France

OIE GUIDELINES FOR VETERINARY OIE GUIDELINES FOR VETERINARY LEGISLATIONLEGISLATION

GeneralGeneralAll modern system of law are based on WritingAll modern system of law are based on Writing

The application is very variable but the trend is toward the « rule of law » � at least in the announcement!

Everybody expects that rhetoric and Everybody expects that rhetoric and reality will join reality will join «« one daysone days »» in the in the course of time course of time �� subject to stability!subject to stability!

There is a needThere is a needfor an effective veterinary for an effective veterinary

legislationlegislation

EMERGENCY

There is a needThere is a need

Public health Public health and and

food safety food safety as these relate to as these relate to

animal health animal health and and

zoonoticzoonotic diseasesdiseasesAnimal welfare as defined by the OIEAnimal welfare as defined by the OIE

Food securityFood security

There is a needThere is a need

IN THE GENERAL CONTEXT OF "GLOBALIZATIONIN THE GENERAL CONTEXT OF "GLOBALIZATION »»

�� FREEDOM OF EXCHANGESFREEDOM OF EXCHANGES�� FAIR TRADINGFAIR TRADING�� CONSUMER PROTECTIONCONSUMER PROTECTION((SanitairySanitairy & & PhytoPhyto--SanitairySanitairy (SPS) Agreement)(SPS) Agreement)

THE PRINCIPLES OFTHE PRINCIPLES OF WORLD TRADE WORLD TRADE ORGANISATION (WTO)ORGANISATION (WTO)

THERE IS A NEED FOR AN EFFECTIVE

IMPLEMENTATION OF THE OIE CODES

OIE

There There isis a a needneedShown by the new OIE tool for the evaluation of Shown by the new OIE tool for the evaluation of

��performance of Veterinary Servicesperformance of Veterinary Services��

PVS ToolPVS Tool

4 fundamental components: 4 fundamental components: ��the human, physical and financial resources the human, physical and financial resources ��the technical authority and capability the technical authority and capability ��the sustained interaction with stakeholders the sustained interaction with stakeholders ��the ability to access markets through the ability to access markets through compliance/harmonisation with existing compliance/harmonisation with existing international standards and their implementationinternational standards and their implementation

PVS tool has identified a lack in legal knowledge at PVS tool has identified a lack in legal knowledge at the level of the veterinary servicesthe level of the veterinary services

It It resultsresults in a mixin a mix--up up betweenbetween the first the first levellevelof of ActsActs or or LawsLaws dependingdepending on the on the politicalpoliticalpower (power (parliamentparliament) and the action ) and the action meansmeans

usedused by the civil services;by the civil services;

It blurs the distinction between means and objectives

Few or no distinction Few or no distinction isis made made betweenbetween the the legislativelegislative and the and the executiveexecutive powerspowers

PVS tool has identified a lack in legal knowledge at PVS tool has identified a lack in legal knowledge at the level of the veterinary servicesthe level of the veterinary services

Under estimation of Under estimation of citizenscitizens�� rightsrights

Under estimation of Under estimation of legallegal securitysecurity

Ignorance of Ignorance of legallegal proceduresprocedures

There is a needThere is a need

Because of lacks in the veterinary global strategy at Because of lacks in the veterinary global strategy at local/national level, local/national level,

Mainly, the current Mainly, the current veterinary rulesveterinary rules aim to aim to solve only specific solve only specific problems depending problems depending on circumstanceson circumstances

They tend towards They tend towards the locking of the locking of some situationssome situations

These rules does not reflect These rules does not reflect the final expected impact of the final expected impact of the legislative or regulatory the legislative or regulatory planplan

Draft project of Draft project of the the

administrationadministration

After After compromise with compromise with

stakeholdersstakeholders

Advised by Advised by lawyerslawyers

Adopted and Adopted and financedfinanced

What the citizens really neededWhat the citizens really needed

Swing Swing principleprinciple

The The answeranswer of the OIEof the OIE

OIE OIE has has generatedgenerated the the demanddemand and and respondedrespondedwithwith a few missionsa few missions

The The answeranswer of the OIEof the OIEEstablishment of draft Guidelines Establishment of draft Guidelines usable by every Member Countryusable by every Member Country

OIEOIEguidelines

guidelines

FLEXIBILITYFLEXIBILITYAdjustmentAdjustment

TheyThey are are

not anot aLegislativeLegislative

pattern pattern

LegislationLegislation must must bebe adaptedadapted to the to the legallegal MembershipMembership landscapelandscape and and needsneeds

The The answeranswer of the OIEof the OIE

Establishment of Guidelines Establishment of Guidelines usable by every Member Countryusable by every Member Country

OIEOIEguidelines

guidelines

FLEXIBILITYFLEXIBILITYAdjustmentAdjustment

National National legislationlegislation willwillnot not bebe writtenwritten by OIE by OIE

expertexpert

TheyThey are are

not anot aLegislativeLegislative

pattern pattern

But by But by eacheach MemberMember CountryCountry

The The answeranswer of the OIEof the OIEEstablishment of Guidelines Establishment of Guidelines usable by usable by everyevery MemberMember

CountryCountry

Analyse of the Analyse of the currentcurrentsituation of the situation of the applicantapplicant

OIEOIEguidelines

guidelines

FLEXIBILITYFLEXIBILITYAdjustmentAdjustment

PILOT PROJECTSPILOT PROJECTS

Establishment of Establishment of draftdraft guidelinesguidelines

codesOIEOIE

assessment

SPSSPS

Establishment of Establishment of draftdraft guidelinesguidelines

codesOIEOIE

assessment

SPSSPS

�� General principlesGeneral principles�� Objectives of veterinary legislationObjectives of veterinary legislation�� Penalties and sanctionsPenalties and sanctions�� Powers and financing of the competent authorityPowers and financing of the competent authority�� Veterinary inspectors/Veterinary and Veterinary inspectors/Veterinary and

professionsprofessions�� Laboratories in the veterinary fieldLaboratories in the veterinary field�� Collaboration with stakeholdersCollaboration with stakeholders�� Sanitary provisions and welfare relating to animal Sanitary provisions and welfare relating to animal

productionproduction�� Safeguards for the food production chain and traceabilitySafeguards for the food production chain and traceability�� Veterinary medicinal products Veterinary medicinal products �� International movements: import/exportInternational movements: import/export

parapara--veterinary veterinary

General General principlesprinciples: Respect of the : Respect of the hierarchyhierarchy of of ActsActs

> 50%> 50%

NATIONAL PARLIAMENTNATIONAL PARLIAMENTLEVEL 1LEVEL 1

General General principlesprinciples: Respect of the : Respect of the hierarchyhierarchy of of ActsActs

RESTRICTS RIGHTS and CREATES OBLIGATIONSRESTRICTS RIGHTS and CREATES OBLIGATIONS

LAWLAW

LEVEL 1LEVEL 1

VETERINARY VETERINARY

FRAMEWORK ACTFRAMEWORK ACT

LEVEL 1LEVEL 1

General General principlesprinciples: Respect of the : Respect of the hierarchyhierarchy of of ActsActs

ADOPTION OF SECONDARY ADOPTION OF SECONDARY LEGISLATIONLEGISLATION

LEVEL 2LEVEL 2GOVERNMENT and MINISTRIESGOVERNMENT and MINISTRIES

REGULATIONREGULATION

VETERINARY VETERINARY

FRAMEWORK ACTFRAMEWORK ACT

LEVEL 1LEVEL 1

LEVEL 2LEVEL 2

REGULATIONREGULATIONREGULATIONREGULATIONREGULATIONREGULATIONREGULATIONREGULATION

Objectives: The legislation should as a minimum Objectives: The legislation should as a minimum address the veterinary specific elements to protect address the veterinary specific elements to protect

ANIMAL HEALTH & FOOD SECURITYANIMAL HEALTH & FOOD SECURITY

FOOD SAFETY & PUBLIC HEALTHFOOD SAFETY & PUBLIC HEALTH

ANIMAL WELFARE & STRAY ANIMALSANIMAL WELFARE & STRAY ANIMALS

LIVE ANIMALSLIVE ANIMALS

Milk

ANIMALANIMALORIGINORIGIN

PRODUCTSPRODUCTS

Penalties and sanctions: Penalties and sanctions: To be provided at the level To be provided at the level required for proper implementation of the overall required for proper implementation of the overall

strategystrategy

Penal sanctionsPenal sanctions, to be , to be applied by the competent applied by the competent jurisdictions according to jurisdictions according to current penal procedurescurrent penal procedures

Administrative sanctionsAdministrative sanctionsthat are designed for that are designed for immediate application in the immediate application in the case of activities posing a case of activities posing a risk to animal health, animal risk to animal health, animal welfare or public health.welfare or public health.

SeizureSeizure BanBan

WithdrawalWithdrawal

Power and Power and financingfinancing of the of the competentcompetent authorityauthority

LOCAL LEVELLOCAL LEVEL

CVOCVOHEADQUARTER

REGIONAL LEVELREGIONAL LEVEL

GOVERNMENTGOVERNMENT

FINANCING

Veterinary inspectors/Veterinary and Veterinary inspectors/Veterinary and parapara--veterinary veterinary professionsprofessions

FREE PRACTICEFREE PRACTICE

VETERINARYVETERINARYINSPECTORINSPECTOR

AUXILLIARIESAUXILLIARIES

STATE OFFICIALSTATE OFFICIAL

SAME EDUCATION AND TRAININGSAME EDUCATION AND TRAINING

MANDATED MANDATED VETERINARIANVETERINARIAN

PARA PROFESSINALSPARA PROFESSINALS

OTHER VETERINARIANOTHER VETERINARIANPARA PROFESSINALSPARA PROFESSINALS

LaboratoriesLaboratories in the in the veterinaryveterinary fieldfield

Collaboration Collaboration withwith stakeholdersstakeholders

ConsumersConsumers

OperatorsOperators

Sanitary provisions Sanitary provisions and welfare relating to and welfare relating to

animal productionanimal production

Milk

VETERINARY VETERINARY SERVICESSERVICES

ASASCOMPETENT COMPETENT AUTHORITYAUTHORITY

Safeguards for the food Safeguards for the food production chain and production chain and

traceability traceability

Veterinary medicinal productsVeterinary medicinal products

ManufacturingManufacturingQualityQuality controlcontrol

MarketingMarketing Distribution Distribution and useand use

PHARMACOVIGILANCEPHARMACOVIGILANCE

International movements: import/exportInternational movements: import/export

2010 DJERBA2010 DJERBA

Proposal for an OIE recommendationProposal for an OIE recommendation

OIEOIE

Thank you