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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

article  65

CELEX:  02016R2031-20250105

1. The competent authority shall keep and update a register containing the following professional operators who operate in the territory of the Member State concerned:
(a) professional operators introducing into, or moving within, the Union plants, plant products and other objects for which a phytosanitary certificate or a plant passport is required on the basis of the implementing acts adopted pursuant to Article 72(1), Article 73, Article 74(1), Article 79(1) and Article 80(1);
(b) professional operators authorised to issue plant passports in accordance with Article 89;
(c) professional operators who request the competent authority to issue the certificates referred to in Articles 100, 101 and 102;
(d) professional operators authorised to apply the marks referred to in Article 98, authorised to issue the attestations referred to in Article 99, providing information in accordance with Articles 45 or 55, introducing plants, plant products or other objects to frontier zones in accordance with Article 46(1) or Article 56, or carrying out activities concerning the relevant plants in demarcated areas, unless those operators are listed in another official register which is accessible to the competent authorities; and (e) professional operators other than the ones referred to in points (a) to (d) of this subparagraph, if so required by an implementing act adopted pursuant to Article 28(1), Article 30(1), Article 41(2), Article 49(1), Article 53(2) or Article 54(2).
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

article  65

CELEX:  02016R2031-20250105

Member States may decide for further categories of growers or other professional operators to be registered if so justified by the pest risk presented by the plants that they grow or by any other of their activities.
2. A professional operator may be registered only once in the register of a competent authority. Where applicable, that registration shall be carried out with explicit references to each of the different premises referred to in point (d) of Article 66(2).
3. Paragraph 1 of this Article shall not apply to a professional operator who fulfils one or more of the following criteria:
(a) it supplies exclusively and directly to final users small quantities of plants, plant products and other objects by means other than sales through distance contracts;
(b) it supplies exclusively and directly to final users small quantities of seeds, other than the seeds subject to Article 72;
(c) its professional activity concerning plants, plant products and other objects is limited to transporting them for another professional operator;
(d) its professional activity exclusively concerns the transport of objects of all kinds using wood packaging material.
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

article  65

CELEX:  02016R2031-20250105

Member States may decide not to apply the exemption referred to in point (a) of the first subparagraph to all or certain growers or other professional operators if so justified by the pest risk presented by the plants that they grow or that are concerned by any other of their activities.
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

article  65

CELEX:  02016R2031-20250105

4. The Commission is empowered to adopt delegated acts in accordance with Article 105 concerning one or more of the following:
(a) amending this Regulation by adding further categories of professional operators to be exempted from the application of paragraph 1 of this Article, where registration would constitute an administrative burden for them disproportionate to the low pest risk related to their professional activities;
(b) supplementing this Regulation by setting out particular requirements for the registration of certain categories of professional operators, taking into account the nature of the activity or of the plant, plant product or other object concerned;
(c) supplementing this Regulation by setting out the maximum figures for small quantities of particular plants, plant products or other objects as referred to in point (a) of the first subparagraph of paragraph 3. Those figures shall be established as appropriate for the plants, plant products and other objects concerned and the respective pest risks.