S.L. 433.35 Art. 7Procedure of registration. 5 S.L. 433.03 6 [S.L.

(1) Professional operators falling within the scope of regulation 6 shall submit an application for registration in the MOR to the Directorate in such form, in such manner and during such time as Director may establish in the Government Gazette. The application for registration shall include the following elements:

(a) the name, legal form, address in the territory of Malta legally valid identification document number and , contact details of the professional operator;

(b) a statement concerning the intention of the professional operator to exercise one or more of the activities referred to in Article 65(1) of the Plant Health Regulation concerning plants, plant products and other objects, including activities undertaken by means of distance communication;

(c) a statement concerning the intention of the professional operator to carry out, as applicable, one or more of the following activities:

(i) issuing of plant passports for plants, plant products and other objects pursuant to Article 84(1) of the Plant Health Regulation;

(ii) placing of the mark on wood packaging material referred to in Article 96(1) of the Plant Health Regulation;

(iii) issuing of any other attestation referred to in Article 99(1) of the Plant Health Regulation;

(d) address of the premises and, where applicable, the location of land plots used by the professional operator in the territory of Malta to carry out the activities referred to in Article 65(1) of the Plant Health Regulation, for the purpose of the registration;

(e) the commodity types, families, genera or species of the plants and plant products and, where appropriate, the nature of other objects concerned by the activities of the professional operator, as referred to in Article 65(1) of the Plant Health Regulation;

(f) the person who will be effectively managing or controlling the activity or activities, hereinafter in these regulations referred to as the authorised person;

(g) the stage of growth at which plants and plant products are marketed;

(h) such other information as the Directorate may require.

(2) On receiving an application for registration, the Directorate shall evaluate such application and shall ascertain that the application form for registration contains the elements set out in sub-regulation (1). For such purpose, the Directorate may request other information and the production of any documents when required:

(a) by way of derogation from sub-regulation (1) the Directorate shall register a professional operator without the submission of an application for registration if that operator is registered in accordance with regulations 6 and 7 of Plant Quarantine (Harmful Organisms) Regulations and if all elements set out in sub-regulation (1) are available to the Directorate. Where relevant, the professional operator concerned shall submit an update of those elements in such form, in such manner and during such time as Director may establish in the Gazette;

(b) the Directorate may grant or refuse an application for registration and in case of refusal, the Directorate shall inform the applicant in writing stating the reasons for such refusal;

(c) the Directorate shall issue a certificate with the respective registration number.

(3) (a) Registered operators shall, where relevant, submit annually an update concerning any changes to the statements referred to in paragraphs (b) and (c) of sub-regulation (1) and in the data referred to in paragraphs (d) and (e) of sub-regulation (1). That submission shall take place by 30 April of each year with regards to the updating of the data of the preceding year.

(b) In case of an indefinite or temporary closure or a definite closure of an activity the professional operator shall inform the Directorate in writing by filling the appropriate form, where necessary requesting de-registration from the Malta Official Register, in such form, in such manner and during such time as Director may establish in the Gazette.

(c) Any registered operator shall notify the AND RELATED OFFICIAL CONTROLS AND OTHER 433.35 OFFICIAL ACTIVITIES

Directorate, by submitting an application for updating the data referred in paragraph (a) of sub-regulation (1) of regulation 7 and paragraph (b) of sub-regulation 3 of regulation 7 no later than 30 days after the change in those data.

(4) Where the Directorate becomes aware that the registered operator no longer carries out the activities referred to in Article 65(1) of the Plant Health Regulation and Article 15(5) of the Official Controls Regulation and that the elements included in the application submitted by the registered operator in accordance with sub-regulation (1) are no longer correct, it shall request that operator to correct those elements immediately and within a specified period of time.

(5) Where the registered operator does not correct those elements within the period of time set by the Directorate, the Directorate shall, as appropriate amend or revoke the registration of that operator to correct those elements immediately and within another specified period of time.

(6) The authorised person as referred to in paragraph (f) of sub-regulation (1) shall follow obligatory bi-annual training organised by the Directorate on plant health, official controls and other related matters. Provided that if the authorised person does not follow such training, the Directorate may revoke the MOR compliance certificate or refuse to issue such certificate as the case may be.