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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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Article 95U.K.Invalidation and removal of [F1a UK] plant passport
[F2A1.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 [F3relevant requirements].]
1.[F4The professional operator must invalidate the UK plant passport [F5or 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 [F6UK plant passport] [F7or 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 [F6UK plant passport] [F8or 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 [F6UK plant passport] [F8or 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 [F9in relation to a UK plant passport], the professional operator concerned shall inform accordingly the authorised operator, or competent authority, who issued the invalidated [F6UK plant passport].
F105.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F116.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.]
Textual Amendments
F1Words 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)
F2Art. 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)
F3Words 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)
F4Art. 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))
F5Words 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)
F6Words 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)
F7Words 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)
F8Words 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)
F9Words 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)
F10Art. 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)
F11Art. 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)
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