TITLE IICLASSIFICATION OF PRODUCTS
CHAPTER II Checks on conformity to marketing standards
Article 10Trader database
1.
F1The appropriate authorities shall set up a database on traders in fruit and vegetables, which shall list, under the conditions established in this Article, traders involved in the marketing of fruit and vegetables for which standards have been laid down F2... F3including in regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020.
For this purpose, F4the appropriate authorities may use any other database or databases already established for other purposes.
2.
For the purpose of this Regulation, ‘trader’ means any natural or legal person who:
(a)
holds fruit and vegetables subject to marketing standards with a view to:
- (i)
displaying or offering them for sale,
- (ii)
selling them, or
- (iii)
marketing them in any other manner, or
(b)
actually carries out any of the activities referred to in point (a) as regards fruit and vegetables subject to marketing standards.
The activities referred to in point (a) of the first subparagraph shall cover:
(a)
distance selling whether by internet or otherwise,
(b)
such activities carried out by the natural or legal person for itself or on behalf of a third party, and
3.
F8The appropriate authorities shall determine the conditions under which the following traders are to be included or not in the database:
(a)
traders whose activities are exempt from the obligation to comply with the marketing standards pursuant to Article 4; and
(b)
natural or legal persons whose activities in the fruit and vegetables sector are limited either to the transport of goods, or to the sale at the retail stage.
4.
Where the trader database is composed of several distinct elements, the F9appropriate authority shall ensure that the database, its elements and their updating are uniform. The updating of the database shall be done in particular using the information collected during conformity checks.
5.
The database shall contain for each trader:
(a)
the registration number, name and address;
(b)
information needed for its classification in one of the risk categories mentioned in Article 11(2), in particular, position in the marketing chain and information concerning the importance of the firm;
(c)
information concerning findings made during previous checks of each trader;
(d)
any other information considered necessary for checks such as information concerning the existence of a quality assurance system or self-check system related to the conformity to the marketing standards.
The updating of the database shall be carried out in particular using the information collected during conformity checks.