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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 93U.K.Replacing a [F1UK] plant passport
1.An authorised operator which has received a trade unit of plants, plant products or other objects for which a [F2UK plant passport] [F3or other permitted plant passport] has been issued, or the competent authority acting on request of a professional operator, may issue a new [F2UK plant passport] for that trade unit, replacing the [F2UK plant passport] [F3or other permitted plant passport] initially issued for that trade unit, provided that the conditions of paragraph 3 are fulfilled.
2.Where a trade unit of plants, plant products or other objects for which a [F2UK plant passport] [F4or other permitted plant passport] has been issued is divided into two or more new trade units, the authorised operator responsible for those new trade units, or the competent authority acting on request of a professional operator, shall issue a [F2UK plant passport] for each new trade unit resulting from the division, provided that the conditions set out in paragraph 3 are fulfilled. Those [F5UK] plant passports shall replace the [F2UK plant passport] [F4or other permitted plant passport] issued for the initial trade unit.
3.A [F2UK plant passport], as provided for in paragraphs 1 and 2, may only be issued if the following conditions are fulfilled:
(a)the traceability requirements referred to in Article 69(3) concerning the plants, plant products or other objects concerned are fulfilled;
(b)as applicable, the plants, plant products or other objects concerned continue to comply with the requirements referred to in Articles 85 and 86; and
(c)the characteristics of the plants, plant products or other objects concerned have not changed.
4.Where a [F2UK plant passport] is issued pursuant to paragraph 1 or 2, the examination referred to in Article 87(1) shall not be required.
5.Following the replacement of a [F2UK plant passport] [F6or other permitted plant passport] pursuant to paragraph 1 or 2, the authorised operator concerned shall retain the replaced [F2UK plant passport] [F6or other permitted plant passport] or its content for at least three years.
Where the replacement of a [F2UK plant passport] pursuant to paragraph 1 or 2 is carried out by the competent authority, the professional operator on whose request it is issued shall retain the replaced [F2UK plant passport] [F7or other permitted plant passport, or its content,] for at least three years.
That retainment may take the form of storage of the information contained in the [F2UK 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.
[F96.In paragraph 3(b), ‘the requirements referred to in Articles 85 and 86’ means:
(a)in the case of a relevant NI trade unit, the requirements referred to in Articles 85 and 86 of the EU Plant Health Regulation;
(b)in the case of any other trade unit, the requirements referred to in Articles 85 and 86 of this Regulation.]
Textual Amendments
F1Word in Art. 93 heading inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(33)(a) (with regs. 53, 55)
F2Words in Art. 93(1)-(5) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(33)(b) (with regs. 53, 55)
F3Words in Art. 93(1) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(17)(a)
F4Words in Art. 93(2) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(17)(b)
F5Word in Art. 93(2) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(33)(c) (with regs. 53, 55)
F6Words in Art. 93(5) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(17)(c)(i)
F7Words in Art. 93(5) substituted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(17)(c)(ii)
F8Words in Art. 93(5) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(17)(c)(iii)
F9Art. 93(6) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(17)(d)
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