CHAPTER VI

Certification of plants, plant products and other objects
Section 2

UK plant passports required for the movement of plants, plant products and other objects within or into Great Britain

Invalidation and removal of a UK plant passport
Article 95
A1
This Article applies where a professional operator becomes aware that a trade unit of plants, plant products or other objects, which is under the operator's control does not comply with any of the
relevant requirements
.
1
The professional operator must invalidate the UK plant passport
or other permitted plant passport
and, where possible, remove it from that trade unit.
Without prejudice to the notification obligation referred to in Article 14, that professional operator shall inform the competent authority under the competence of which it operates.
2
Where the professional operator fails to comply with paragraph 1, the competent authority shall invalidate the UK plant passport or other permitted plant passport and, where possible, remove it from the trade unit concerned.
3
Where paragraphs 1 and 2 apply, the professional operator concerned shall retain the invalidated UK plant passport or other permitted plant passport or its content for at least three years.
That retention may take the form of storage of the information contained in the invalidated UK plant passport or other permitted plant passport in a computerised database, provided that this includes the information contained in any traceability barcode, hologram, chip or other data carrier which may supplement the traceability code as referred to in Annex VII, and a statement concerning that invalidation.
4
Where paragraphs 1 and 2 apply in relation to a UK plant passport, the professional operator concerned shall inform accordingly the authorised operator, or competent authority, who issued the invalidated UK plant passport.
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
In paragraph A1, ‘relevant requirements’ means:
a
in the case of a relevant NI trade unit, the requirements in Articles 83 to 87, 89, 90, 93 or 94 of the EU Plant Health Regulation;
b
in the case of any other trade unit, the requirements in Articles 83 to 86, 87, 89, 90, 92a, 93 or 94 of this Regulation.
Art. 95(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(35)(c) (with regs. 53, 55) (as amended by S.I. 2020/1631, regs. 1(2), 8(3))
Art. 95(A1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(35)(b) (with regs. 53, 55)
Words in Art. 95(3) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(18)(d)
Words in Art. 95(1) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(18)(b)
Words in Ch. 6 Section 2 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(11)(a) (with regs. 53, 55)
Art. 95(5) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(35)(e) (with regs. 53, 55)
Words in Art. 95(2) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(18)(c)
Words in Art. 95 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(35)(a) (with regs. 53, 55)
Art. 95(6) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(18)(f)
Words in Ch. 6 Section 2 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(11)(b) (with regs. 53, 55)
Words in Art. 95(4) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(18)(e)
Words in Art. 95(A1) substituted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(18)(a)
Words in Art. 95(2)-(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(35)(d) (with regs. 53, 55)