1.The Member States 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 fresh fruit and vegetables for which standards have been laid down pursuant to Article 2 of Regulation (EC) No 1182/2007.
[F1Member States may use for this purpose any other database or databases already established for other purposes.
‘ Trader ’ means any natural or legal person:
(a) holding fruit and vegetables subject to marketing standards with a view to:
displaying or offering them for sale,
selling them, or
marketing them in any other manner, or
(b) who actually carries out any of the activities referred to in points (i), (ii) and (iii) of point (a) as regards fruit and vegetables subject to marketing standards.
The activities referred to in points (i), (ii) and (iii) of point (a) of the third 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
(c) such activities carried out in the Community and/or by export to third countries and/or import from third countries.]
2.Member States 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 3; and
[F1(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.]
[F13. Where the database is composed of several distinct elements, the coordinating authority shall ensure that the database, its elements and their updating are uniform. The updating shall be done in particular using the information collected during conformity checks.
4. This database shall contain, for each trader, the registration number, name, address, information needed for its classification in one of the risk categories mentioned in Article 10(2), in particular, position in the marketing chain, information concerning the importance of the firm, information concerning findings made during previous checks of each trader, as well as 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 shall be carried out in particular using the information collected during conformity checks.]
5.Traders shall provide the information that Member States consider necessary to set up and update the database. Member States shall determine the conditions under which traders not established in their territory but trading on it shall be listed in their database.
Textual Amendments