Commission Implementing Regulation (EU) No 543/2011Show full title

Section 1 U.K. General provisions

Article 8 U.K. Scope

This Chapter lays down rules on conformity checks, which shall mean the checks carried out on fruit and vegetables at all marketing stages, in order to verify that they conform to the marketing standards and other provisions of this Title and of Articles 113 and 113a of Regulation (EC) No 1234/2007.

Article 9 U.K. Coordinating authorities and inspection bodies

1. Each Member State shall designate:

(a) a single competent authority responsible for coordination and contacts in the areas covered by this Chapter, hereinafter called ‘the coordinating authority’; and

(b) an inspection body or bodies responsible for the application of this Chapter, hereinafter called ‘the inspection bodies’.

The coordinating authorities and inspection bodies referred to in the first subparagraph may be public or private. However, the Member States shall be responsible for them in either case.

2. The Member States shall notify the Commission of:

(a) the name and postal and e-mail address of the coordinating authority they have designated pursuant to paragraph 1(a);

(b) the name and postal and e-mail address of the inspection bodies they have designated pursuant to paragraph 1(b); and

(c) the exact description of the respective spheres of activity of the inspection bodies they have designated.

3. The coordinating authority may be the inspection body or one of the inspection bodies or any other body designated pursuant to paragraph 1.

4. The Commission shall make publicly available the list of coordinating authorities designated by the Member States in the manner it considers appropriate.

Article 10 U.K. Trader database

1. 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 fruit and vegetables for which standards have been laid down pursuant to Article 113 of Regulation (EC) No 1234/2007.

For this purpose, Member States may use any other database or databases already established for other purposes.

2. For the purpose of this Regulation, ‘trader’ means any natural or legal person who:

(a) holds fruit and vegetables subject to marketing standards with a view to:

(i)

displaying or offering them for sale,

(ii)

selling them, or

(iii)

marketing them in any other manner, or

(b) actually carries out any of the activities referred to in point (a) as regards fruit and vegetables subject to marketing standards.

The activities referred to in point (a) of the first 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 Union and/or by export to third countries and/or import from third countries.

3. 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 4; and

(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.

4. Where the trader database is composed of several distinct elements, the coordinating authority shall ensure that the database, its elements and their updating are uniform. The updating of the database shall be done in particular using the information collected during conformity checks.

5. The database shall contain for each trader:

(a) the registration number, name and address;

(b) information needed for its classification in one of the risk categories mentioned in Article 11(2), in particular, position in the marketing chain and information concerning the importance of the firm;

(c) information concerning findings made during previous checks of each trader;

(d) 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 of the database shall be carried out in particular using the information collected during conformity checks.

6. 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.