Chapter II, Section 1, Article 3 · Commission Implementing Regulation (EU) 2023/2430

Contents

Article 3Trader database#

1.Member States shall set up a database on traders in the sectors and products referred to in Article 1 of Delegated Regulation (EU) 2023/2429 (hereinafter ‘trader database’), under the conditions laid down in this Article.For this purpose, Member States may use any other database or databases already established for other purposes.

3.Member States shall determine the conditions under which the following traders are to be included or not in the trader database:

(a)traders whose activities cover products listed in Article 3 of Delegated Regulation (EU) 2023/2429 or products that are exempt from the obligation to comply with the marketing standards pursuant to Article 5 of the same regulation;

(b)natural or legal persons whose activities are limited to the transport of goods;

(c)traders whose activities are limited to the sale at the retail stage.

4.Where the trader database is composed of several distinct elements, the coordinating authority shall ensure that the database, its elements and their updating are uniform.

5.The trader database shall contain for each trader:

(a)the registration number, name and address and the indication of the relevant sectors or products in which it operates among the ones referred to in paragraph 1;

(b)information needed for its classification in one of the risk categories referred to in Article 5(3), in particular, position in the marketing chain and information concerning the importance of the firm;

(c)information concerning findings made during previous checks of each trader;

(d)any other information considered necessary for checks such as information concerning the existence of a quality assurance system or self-check system related to the conformity to the marketing standards;

(e)the indication whether or not the trader has been approved in accordance with Article 4.

Member States shall update the trader database where necessary, taking into account in particular the information collected during conformity checks.

6.Without prejudice of paragraph 3, all traders shall be registered and shall provide the information that Member States consider necessary to set up and update the trader database. Member States shall determine the conditions under which traders not established in their territory but trading on it shall be included in their database.