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

Regulation (EU) 2016/2031 of the European Parliament of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC

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CHAPTER V U.K. Registration of professional operators and traceability

Article 65U.K.Official register of professional operators

1.The competent [F1authorities] shall keep and update a register containing the following professional operators who operate in [F2Great Britain]:

(a)professional operators introducing into, or moving within, [F3Great Britain] plants, plant products and other objects for which a phytosanitary certificate or a [F4UK plant passport] is required F5... pursuant to Article 72(1), Article 73, Article 74(1), Article 79(1) and Article 80(1);

(b)professional operators authorised to issue [F6UK] plant passports in accordance with Article 89;

(c)professional operators who request the competent authority to issue the certificates referred to in Articles 100 [F7and 101];

(d)professional operators authorised to apply the marks referred to in Article 98, authorised to issue the attestations referred to in Article 99, providing information in accordance with Articles 45 or 55, F8... or carrying out activities concerning the relevant plants in demarcated areas, unless those operators are listed in another official register which is accessible to the competent authorities; and

(e)professional operators other than the ones referred to in points (a) to (d) of this subparagraph, if so required by [F9the special requirements in Annex 7, 8 or 10 or by regulations made under Article 28(1), 30(1) or 49(1)].

F10...

2.[F11The competent authorities must ensure that a professional operator is registered only once]. Where applicable, that registration shall be carried out with explicit references to each of the different premises referred to in point (d) of Article 66(2).

3.Paragraph 1 of this Article shall not apply to a professional operator who fulfils one or more of the following criteria:

F12(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)it supplies exclusively and directly to final users small quantities of seeds, other than the seeds subject to Article 72;

(c)its professional activity concerning plants, plant products and other objects is limited to transporting them for another professional operator;

(d)its professional activity exclusively concerns the transport of objects of all kinds using wood packaging material.

F13...

4.[F14The appropriate authority may by regulations]:

(a)[F15amend] this Regulation by adding further categories of professional operators to be exempted from the application of paragraph 1 of this Article, where registration would constitute an administrative burden for them disproportionate to the low pest risk related to their professional activities;

(b)[F16supplement] this Regulation by setting out particular requirements for the registration of certain categories of professional operators, taking into account the nature of the activity or of the plant, plant product or other object concerned;

F17(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 66U.K.Procedure of registration

1.Professional operators falling within the scope of Article 65(1) shall submit to the competent authorities an application for registration.

2.The application for registration shall include the following elements:

(a)name, address in [F18Great Britain] and contact details of the professional operator;

(b)a statement concerning the intention of the professional operator to exercise one or more of the activities referred to in Article 65(1) concerning plants, plant products and other objects;

(c)a statement concerning the intention of the professional operator to carry out, as applicable, one or more of the following activities:

(i)

issuing of [F19UK] plant passports for plants, plant products and other objects pursuant to Article 84(1);

(ii)

placing of the mark on wood packaging material referred to in Article 96(1);

(iii)

issuing of any other attestation referred to in Article 99(1);

(d)address of the premises and, where applicable, the location of land plots used by the professional operator F20... to carry out the activities referred to in Article 65(1) for the purpose of the registration; and

(e)the commodity types, families, genera or species of the plants and plant products and, where appropriate, the nature of other objects concerned by the activities of the professional operator, as referred to in Article 65(1).

3.The competent authorities shall register a professional operator without delay where the application for registration contains the elements set out in paragraph 2.

F214.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.Registered operators shall, where relevant, submit annually an update concerning any changes in the data referred to in points (d) and (e) of paragraph 2 and the statements referred to in points (b) and (c) of paragraph 2. That submission shall take place by 30 April of each year with regard to the updating of the data of the preceding year.

An application for updating the data referred to in point (a) of paragraph 2 shall be submitted no later than 30 days after the change in those data.

6.Where the competent authority becomes aware that [F22a] registered operator no longer carries out the activities referred to in Article 65(1), or that the elements included in the application submitted by the registered operator in accordance with paragraph 2 of this Article are no longer correct, it shall request that operator to correct those elements immediately or within a specified period of time.

Where the registered operator does not correct those elements within the period of time set by the competent authority, the competent authority shall, as appropriate, amend or revoke the registration of that operator.

Textual Amendments

Article 67U.K.Content of the register

The register shall contain the elements set out in points (a), (b), (d) and (e) of Article 66(2) and the following elements:

(a)

the official registration number [F23for the professional operator];

(b)

where applicable, an indication for which of the activities referred to in point (c) of Article 66(2) the professional operator is authorised, and, where applicable, the specific plants, plant products or other objects concerned.

Textual Amendments

Article 68U.K.Availability of information of official registers

F241.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.The [F25competent authority] shall make available, on justified request, the information referred to in points (a) and (b) of Article 66(2) and point (b) of Article 67 concerning a particular registered operator to any professional operator established in [F26Great Britain], for its own use.

3.This Article shall apply without prejudice to F27... rules on confidentiality, access to information and private data protection.

Textual Amendments

Article 69U.K.Traceability

[F281.A professional operator to whom a regulated trade unit is supplied must keep a record allowing that operator to identify the professional operator who supplied it.

2.A professional operator supplying a regulated trade unit must keep a record allowing that operator to identity the professional operator to whom it was supplied.]

3.Where an authorised operator issues a [F29UK plant passport] pursuant to Article 84(1), and where the competent authority issues a [F29UK plant passport] pursuant to Article 84(2) for a registered operator, that operator shall ensure, for the purpose of ensuring traceability pursuant to paragraphs 1 and 2 of this Article, that it records the following information as regards that [F29UK plant passport]:

(a)where applicable, the professional operator who supplied the trade unit concerned;

(b)the professional operator to whom the trade unit concerned was supplied; and

(c)relevant information relating to the [F29UK plant passport].

4.Professional operators shall keep the records referred to in paragraphs 1, 2 and 3 for at least three years after the date on which the plant, plant product or other object concerned was supplied to or by them.

5.The [F30appropriate authority may by regulations] set out the following elements:

(a)a shorter or longer minimum period than the one referred to in paragraph 4 with regards to specific plants, where so justified by the length of the cultivation period of those plants; and

(b)requirements as to the accessibility of the records to be kept by the professional operators referred to in paragraphs 1 and 2.

F31...

6.On request, the professional operators referred to in paragraph 4 shall communicate the information in the records referred to in paragraphs 1, 2 and 3 to the competent authority.

7.This Article shall not apply to the professional operators referred to in points (c) and (d) of the first subparagraph of Article 65(3).

[F328.In this Article ‘regulated trade unit’ means a trade unit of plants, plant products or other objects that are subject to requirements or conditions pursuant to Article 28(1), 30(1), 37(1), 41, 47(1), 48(1), 49(1), 54(1), 57, 58 or 79(1) or a relevant NI trade unit.]

Textual Amendments

Article 70U.K.Movements of plants, plant products and other objects within and between the premises of the professional operator

1.The professional operators who are supplied with, or supply, the plants, plant products or other objects [F33in the trade units] referred to in Article 69(1) and (2) shall have in place traceability systems or procedures to allow identification of the movements of those plants, plant products and other objects within and between their own premises.

The first subparagraph shall not apply to the professional operators referred to in points (c) and (d) of the first subparagraph of Article 65(3).

2.The information identified by the systems or procedures referred to in paragraph 1 on the movement of the plants, plant products and other objects within and between the premises of the professional operators referred to in that paragraph shall be made available to the competent authority on request.

Textual Amendments

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