{
  "url": "https://openlegislation.uk/eu-regulation-2016-2031/article-95",
  "json_url": "https://openlegislation.uk/eu-regulation-2016-2031/article-95.json",
  "legislation": "eur/2016/2031",
  "legislation_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",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2016-2031",
  "path": "article/95",
  "kind": "article",
  "number": "95",
  "heading": "Invalidation and removal of a UK plant passport",
  "text": "A1. This Article applies where a professional operator becomes aware that a trade unit of plants, plant products or other objects, which is under the operator's control does not comply with any of the relevant requirements.\n1. The professional operator must invalidate the UK plant passport or other permitted plant passport and, where possible, remove it from that trade unit.\nWithout prejudice to the notification obligation referred to in Article 14, that professional operator shall inform the competent authority under the competence of which it operates.\n2. Where the professional operator fails to comply with paragraph 1, the competent authority shall invalidate the UK plant passport or other permitted plant passport and, where possible, remove it from the trade unit concerned.\n3. Where paragraphs 1 and 2 apply, the professional operator concerned shall retain the invalidated UK plant passport or other permitted plant passport or its content for at least three years.\nThat retention may take the form of storage of the information contained in the invalidated UK plant passport or 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, and a statement concerning that invalidation.\n4. Where paragraphs 1 and 2 apply in relation to a UK plant passport, the professional operator concerned shall inform accordingly the authorised operator, or competent authority, who issued the invalidated UK plant passport.\n5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n6. In paragraph A1, ‘relevant requirements’ means:\n(a) in the case of a relevant NI trade unit, the requirements in Articles 83 to 87, 89, 90, 93 or 94 of the EU Plant Health Regulation;\n(b) in the case of any other trade unit, the requirements in Articles 83 to 86, 87, 89, 90, 92a, 93 or 94 of this Regulation.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Art. 95(A1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(35)(b) (with regs. 53, 55)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Art. 95(A1) substituted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(18)(a)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Art. 95(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(35)(c) (with regs. 53, 55) (as amended by S.I. 2020/1631, regs. 1(2), 8(3))"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in Art. 95(1) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(18)(b)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in Art. 95(2)-(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(35)(d) (with regs. 53, 55)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in Art. 95(2) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(18)(c)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in Art. 95(3) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(18)(d)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Words in Art. 95(4) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(18)(e)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Art. 95(5) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(35)(e) (with regs. 53, 55)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Art. 95(6) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(18)(f)"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "Words in Art. 95 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(35)(a) (with regs. 53, 55)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2016/2031/article/95",
    "retrieved_at": "2026-11-01T14:45:21.622458+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}