Niveau juridique : Union européenne
Texte de la question
« Xylella fastidiosa is an insect-borne bacterial plant pathogen that is associated with serious diseases affecting a wide variety of plants. In October 2013 Xylella fastidiosa was detected in a number of olive trees in the province of Lecce. This was the first Xylella fastidiosa outbreak in field conditions to be reported in the European Union. In November of that same year, EFSA delivered to the Commission an urgent scientific opinion and technical assistance on Xylella fastidiosa. A number of implementing decisions concerning Xylella fastidiosa have been published since October 2013.
According to Article 288 of the Treaty on the Functioning of the European Union (TFEU), a decision shall be binding in its entirety and may not be applied in an incomplete, selective or partial manner. Implementing Decision (EU) 2018/927 amends Implementing Decision (EU) 2015/789 as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Wells et al.). That decision extends the infected zone to cover the municipalities of the provinces of Brindisi and Taranto, where areas infected by the organism in question have been detected.
Can the Commission clarify whether a Member State may enter into negotiations with a view to amending an implementing decision, and what the regulatory basis is for such a request for amendment? »
Texte de la réponse
« Commission Implementing Decision (EU) 789/2015 as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa(1) is regularly updated based on new scientific and technical developments. If justified, the legal provisions can be amended at any time.
Before its formal adoption by the Commission, a draft Commission Implementing Decision is presented for an opinion to the Standing Committee on Plants, Animals, Food and Feed (PAFF)(2), where Member States have the opportunity to express their views on it.
The enforcement of the EU Decision is closely monitored through Commission’s audits in the Member States concerned to assess the implementation of those control measures on the ground. In the specific case of Italy, due to the limited implementation of Decision (EU) 789/2015 and the risk of further spreading of Xylella fastidiosa towards other parts of the Union territory, in May 2018, the Commission did refer Italy to the European Court of Justice(3)".
(1) OJ L 125, 21.5.2015, p. 36‐53.
Lien vers la question et sa réponse ici.