La gestione del rischio fitosanitario nel diritto agroalimentare europeo ed italiano: il caso Xylella

The examination of pest risk is a process that is becoming increasingly necessary within the European Union. Globalization and the intensification of international trade have increased the risk of entry and spread of harmful organisms in countries where they were previously unknown. Often pathogens easily adapt to the new habitat destroying the local flora. When their presence is registered, the European Union has procedures in place to ensure their control, containment and/or eradication (Dir. (EC)2000/29, Reg. (EU)2016/2031). More generally, the examination of the situation caused by the presence of organisms harmful to plants and their products is based on the pest risk assessment process, which is comprised of three stages: 1.risk assessment, a scientific review carried out by the European Food Safety Authority (Efsa), specifically the Plant Health Expert Group, which uses precise methods to draw up a scientific opinion and is often supported by state scientific bodies; 2.risk management, in which the European Commission decides, on the basis of scientific opinion, how to manage the spread of the organism in order to eradicate it, whilst also calculating the interests and benefits (it is sometimes necessary to apply the precautionary principle); 3.risk communication, a phase that permeates the other two ( independent of, yet connected to each other), to ensure that each action is carried out on the basis of precise knowledge of the problem and that all stakeholders are informed. The case of the spread of Xylella Fastidiosa is useful to understand this process. The quarantine bacterium that first settled in Salento -Southern Apulia-, today risks invading the entire region, leading to the death of millions of olive trees, destroying not only a landscape inherited over the centuries, but also the local economy, of which olive growing is the flagship. The difficulties that arose during the management of this phytopathy (Olive Quick Decline Syndrome) were mainly due to a lack of confidence in scientific experts and authorities - European, national and regional - caused by an inaccurate, gross, sceptical communication and imbued by simple and convincing storytelling. The measures imposed by the European Union have often been hampered and the expansion of the plant disease has forced their tightening (Commission Implementing Decision (EU)2015/789). Initially, the scientific gaps did not facilitate the control of Xylella Fastidiosa and the succession of regulatory acts is also an indication of the continuous updating of the numerous researches. The hope that we have today is that everyone can understand the importance of scientific studies along with eradication and containment measures, and that false news can be easily recognised so as to ensure organic control of the bacterium, which unfortunately can no longer be eradicated.