Article 92 Inspections and withdrawal of authorisation
United Kingdom
The competent authority shall carry out inspections at least once per year, and sampling and testing if appropriate, to verify whether the authorised operators comply with F1, where applicable, Article 83(1), (2), (4) F2and (5), Article 87, Article 88, Article 89(1), Article 90 and Article 93(1), (2), (3) and (5) F3and, in relation to qualifying Northern Ireland goods, Article 95a.
Where the competent authority becomes aware that an authorised operator does not comply with the provisions referred to in paragraph 1 or that a plant, plant product or other object, for which that professional operator has issued a F4UK plant passport, does not comply with F5the relevant requirements, that authority shall without delay take the measures necessary to ensure that non-compliance with those provisions does not continue.
Those measures may include the withdrawal of the authorisation to issue F6UK plant passports for the plants, plant products and other objects concerned.
Where the competent authority has taken measures in accordance with paragraph 2 other than the withdrawal of the authorisation to issue F7UK plant passports for the plants, plant products and other objects concerned, and non-compliance with F8the relevant requirements continues, that authority shall without delay withdraw that authorisation.
In this Article, ‘the relevant requirements’ means:
in the case of a relevant NI trade unit’, the requirements in Article 85 and, where applicable, Article 86 of the EU Plant Health Regulation;
in the case of any other trade unit, the requirements in Article 85 and, where applicable, Article 86 or 86a of this Regulation.
Annotations
Textual amendments
- F1
Words in Art. 92(1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(31)(a)(i) (with regs. 53, 55)
- F2
Word in Art. 92(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(31)(a)(ii) (with regs. 53, 55)
- F3
Words in Art. 92(1) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(16)(a)
- F4
Word in Art. 92(2) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(31)(b)(i)(aa) (with regs. 53, 55)
- F5
Words in Art. 92(2) substituted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(16)(b)
- F6
Word in Art. 92(2) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(31)(b)(ii) (with regs. 53, 55)
- F7
Word in Art. 92(3) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(31)(c)(i) (with regs. 53, 55)
- F8
Words in Art. 92(3) substituted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(16)(b)
- F9
Art. 92(4) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(16)(c)
Notes on Section 2
Textual amendments
- F1
Words in Ch. 6 Section 2 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(11)(a) (with regs. 53, 55)
- F2
Words in Ch. 6 Section 2 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(11)(b) (with regs. 53, 55)