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

Article 10 U.K. Trader database

1. [F1 The appropriate authorities] 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 F2 ... [F3 including in regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020].

For this purpose, [F4 the appropriate authorities] 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 [F5 Great Britain] and/or by export [F6 from Great Britain] and/or import [F7 into Great Britain].

3. [F8 The appropriate authorities] 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 [F9 appropriate] 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 [F10 the appropriate authorities] consider necessary to set up and update the database. [F11 The appropriate authorities] shall determine the conditions under which traders not established in their territory but trading on it shall be listed in their database.

Textual Amendments

F1 Words in Art. 10(1) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(22)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 10(1) omitted (E.) (1.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 7(4); and omitted (W.) (14.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) (Wales) Regulations 2022 (S.I. 2022/1215), regs. 1(2), 4(4)

F3 Words in Art. 10(1) substituted (S.) (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 5(4)

F4 Words in Art. 10(1) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(22)(c); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 10(2) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(23)(a) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 10(11)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 10(2)(c) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(23)(b) (as amended by S.I. 2020/1453, regs. 1(2)(b), 10(11)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 10(2)(c) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(23)(c) (as amended by S.I. 2020/1453, regs. 1(2)(b), 10(11)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 10(3) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(24); 2020 c. 1, Sch. 5 para. 1(1)

F9 Word in Art. 10(4) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(25); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Art. 10(6) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(26)(a); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in Art. 10(6) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(26)(b); 2020 c. 1, Sch. 5 para. 1(1)