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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 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
�� 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
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
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