Regulatory bodies are responsible for the enforcement of laws related to animal and plant health. These organisations play a critical role in monitoring, compliance, and implementation of regulations. The administration of these regulations and directives is carried out by a combination of EU institutions and national authorities. nEforcement mechanisms vary between Member States, reflecting their unique administrative structures and legal traditions. In the European Union, European Food Safety Authority (abbr. EFSA) provides independent scientific advice on food and feed safety, including aspects related to animal and plant health, thereby supporting the policy-making process.3 The Commission is responsible for ensuring that EU law is correctly applied by Member States. It oversees the implementation of regulations and directives, conducts audits, and may take legal action against Member States that fail to comply.4 The EU fosters cooperation among Member States through various mechanisms, including the Standing Committee on Plants, Animals, Food, and Feed (abbr. PAFF Committee), which provides a platform for discussing and coordinating actions related to animal and plant health.5 National Competent Authorities assist EU-level bodies in implementation. While EU regulations apply uniformly across all Member States, directives allow for flexibility in implementation. Member States are required to transpose directives into national law within a specified timeframe. This process allows them to adapt the provisions to fit their legal and administrative contexts while achieving the objectives set by the EU. Each Member State designates national authorities responsible for the enforcement of animal and plant health regulations. These authorities carry out official controls, inspections, and other activities to ensure compliance with EU law. They also collaborate with other Member States and the European Commission in cases of cross-border threats.6

The European Union has established comprehensive regulatory frameworks to manage animal and plant protection across its Member States. These frameworks are crucial in preventing the spread of pests and diseases, ensuring the safety of food and feed, and protecting biodiversity. The legal structure is designed to harmonise national laws with EU-wide directives and regulations, allowing for a coordinated approach across all Member States. Member States often adopt EU directives through national legislation, ensuring that the requirements align with their administrative capabilities and enforcement structures. For example, some countries may establish specific agencies or departments dedicated to animal and plant health, while others integrate these responsibilities into existing bodies. The primary legal instruments governing animal and plant protection in the EU are regulations and directives. Regulations are binding legislative acts that apply directly across all Member States, while directives require Member States to achieve certain results but allow them to choose the form and methods. Both areas of plant and animal protection are legislated in Regulation (EU) 2017/625 (Official Controls Regulation) which governs official controls performed to ensure the application of food and feed law, rules on animal health and welfare, plant health, and plant protection products. It aims to strengthen the enforcement of EU rules through a coordinated approach.7 One of the most important rules in the field of animal health is the Regulation (EU) 2016/429, known as the ‘Animal Health Law.’ This regulation provides a framework for the prevention and control of animal diseases transmissible to animals or humans. It sets out the rules for monitoring, preventing, and controlling animal diseases in a harmonised manner across the EU.8 On the legislative area of plant protection, the Plant Health Directive9 establishes protective measures against the introduction into the EU of organisms harmful to plants or plant products and against their spread within the Union. Although largely replaced by Regulation (EU) 2016/2031 on protective measures against plant pests, it laid the foundation for plant health management in the EU.10Also worth highlighting in this area the Regulation (EU) 2016/2031 (‘Plant Health Regulation’) which modernises the EU’s plant health regime to address emerging risks and improve the efficiency of measures to protect plant health across the Union.11

The EU employs a robust system of compliance and penalties to ensure that Member States adhere to animal and plant health regulations. The European Commission conducts audits and inspections in Member States to assess compliance with EU law. These audits focus on the effectiveness of national control systems and identify areas where improvements are needed. If a Member State fails to comply with EU law, even if it’s on animal and plant health protection, the European Commission may initiate infringement proceedings. This process can ultimately lead to the European Court of Justice (abbr. ECJ) imposing fines or other penalties on the non-compliant Member State.12 In cases of serious threats to animal or plant health, the EU may impose emergency measures, such as import bans or movement restrictions. These measures are designed to prevent the spread of diseases or pests and are enforced across all Member States.13