Regulation (EU) 2016/2031 of the European Parliament of the CouncilShow full title

Article 98 U.K. Authorisation and supervision of registered operators applying the mark of wood packaging material in [F1 Great Britain]

1. An authorisation to apply the mark referred to in Article 96 and to repair wood packaging material in accordance with Article 97 shall be granted by the competent authority on application to a registered operator provided that the registered operator fulfils both of the following conditions:

(a) it possesses the necessary knowledge to carry out the treatment of the wood packaging material, wood and other objects required pursuant to [F2 regulations] referred to in Articles 96 and 97;

(b) it operates appropriate facilities and equipment to carry out that treatment (‘treatment facilities’);

The [F3 appropriate authority may by regulations supplement] this Regulation by specifying the requirements for authorisation, where appropriate in view of the development of scientific and technical knowledge and international standards.

2. An authorisation to apply the mark referred to in Article 96 and to repair wood packaging material according to Article 97 shall be granted by the competent authority on application to a registered operator using wood treated in a facility of another operator, provided that it fulfils all of the following conditions in respect of wood packaging material marked with that mark:

(a) it exclusively uses wood:

(i)

which has been subject to one or more of the approved treatments referred to in Annex 1 of ISPM15 and has been treated in facilities operated by a registered operator authorised pursuant to paragraph 1 of this Article; or

(ii)

which has been subject to one or more of the approved treatments referred to in Annex 1 of ISPM15 in a treatment facility in a third country that has been approved by the national plant protection organisation of that third country;

(b) it ensures that the wood used for that purpose can be traced back to [F4 the treatment facilities referred to in point (a)(i) and (ii) of this paragraph];

(c) where applicable pursuant to [F5 regulations made under Article 28(1) or 30(1), or pursuant to Article 41 or 54(1)], it exclusively uses wood referred to in point (a) of this subparagraph which is accompanied by a [F6 UK] plant passport or any other document providing guarantees that the treatment requirements referred to in Annex 1 to ISPM15 are fulfilled.

3. The competent authority shall supervise at least once per year the registered operators [F7 it has] authorised pursuant to paragraphs 1 and 2 to verify and ensure that they treat and mark as appropriate wood packaging material, wood and other objects in accordance with Article 96(1) and Article 97 and fulfil the conditions set out respectively in paragraphs 1 and 2 of this Article.

4. Where [F8 any of the competent authorities] becomes aware that a professional operator does not comply with the requirements referred to in paragraphs 1 or 2, that authority shall without delay take the measures necessary to ensure that the non-compliance with those provisions does not continue.

Where the competent authority has taken those measures other than the withdrawal of the authorisation referred to in paragraphs 1 or 2, and the non-compliance continues, that authority shall without delay withdraw the authorisation referred to in paragraphs 1 or 2.

Textual Amendments

F1 Words in Art. 98 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(38)(a) (with regs. 53, 55)

F2 Word in Art. 98(1)(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(38)(b)(i) (with regs. 53, 55)

F3 Words in Art. 98(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(38)(b)(ii) (with regs. 53, 55)

F4 Words in Art. 98(2)(b) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(38)(c)(i) (with regs. 53, 55)

F5 Words in Art. 98(2)(c) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(38)(c)(ii)(aa) (with regs. 53, 55)

F6 Word in Art. 98(2)(c) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(38)(c)(ii)(bb) (with regs. 53, 55)

F7 Words in Art. 98(3) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(38)(d) (with regs. 53, 55)

F8 Words in Art. 98(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(38)(e) (with regs. 53, 55)