Regulation 10 Authorisation of professional operators to issue or receive and use Northern Ireland plant health labels

(1)

A registered operator may apply for an authorisation to—

(a)

issue Northern Ireland plant health labels for plants for planting and other objects;

(b)

receive and use Northern Ireland plant health labels from the competent authority in relation to seed potatoes.

(2)

An application for an authorisation referred to in paragraph (1) must be submitted to the competent authority in the manner and form required by the competent authority.

(3)

An application for authorisation must include the commodity types, families, genera or species of the plants for planting, seed potatoes, and where appropriate, the nature of other objects, in relation to which the registered operator intends to issue or receive and use Northern Ireland plant health labels.

(4)

The competent authority must grant an authorisation to a registered operator to—

(a)

issue Northern Ireland plant health labels for particular families, genera or species, and commodity types of plants for planting, and other objects, if the competent authority is satisfied that the registered operator complies with both of the conditions in paragraph (5);

(b)

receive and use replacement Northern Ireland plant health labels from a competent authority under regulation 19 in relation to seed potatoes, if the competent authority is satisfied that the registered operator complies with the condition in paragraph (5)(b).

(5)

The conditions are that the registered operator—

(a)

possesses the necessary knowledge to carry out the examination referred to in regulation 13 (examinations), concerning—

(i)

the pests referred to in the rules for entry into Northern Ireland laid down in the EU Plant Health Regulation that could affect the plants and other objects concerned;

(ii)

the signs of the presence of those pests, the symptoms caused by them, and the means to prevent the presence and spread of those pests; and

(b)

has in place systems and procedures enabling it to fulfil its obligations concerning traceability pursuant to regulation 18 (traceability).

(6)

The competent authority must grant an authorisation to a registered operator to receive and use Northern Ireland plant health labels from the competent authority in relation to seed potatoes if the following conditions are met—

(a)

the competent authority has conducted an examination in accordance with regulation 13 to determine whether the applicable requirements have been met; and

(b)

it is satisfied that the applicable requirements have been met.

(7)

An authorisation granted by the competent authority for the purposes of this regulation must be in writing and may be granted—

(a)

subject to conditions;

(b)

for an indefinite or a specified period.

(8)

An authorisation granted by the competent authority may be modified, suspended or withdrawn at any time by notice in writing.